Terms and Conditions.

 

Updated: July 30, 2019


Terms of Service

YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE SERVICES IN ANY MANNER.

 

There are additional documents linked within these terms, please be sure to thoroughly review each item prior to agreeing to our terms of service.

 

FloatMe provides app-based services designated to assist individual users to make better financial decisions by using technology to anticipate and cover overdraft with advances, as well as uncover opportunities for saving. These Terms of Service (these “Terms“) represent an agreement between you and FloatMe, and contain the terms and conditions governing your use of and access at Terms of Service and all affiliated websites and applications (including mobile) owned and operated by us (collectively, the"Website" and our products, services, and applications (together with the Website, the "Services"). "You" and "your" mean the person who uses or accesses the Services. The "Company", "FloatMe", "we", "us", and "our" mean FloatMe, Corp. and its successors, affiliates, and assignees.

 

Your use of and access to the Services are subject at all times to these Terms and our Privacy Policy. Please read these Terms and our Privacy Policy carefully. By using or accessing the Services, you represent that you have read and understand these Terms and our Privacy Policy and you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all the terms and conditions of these Terms and our Privacy Policy, do not use or access the Services.

 

AMONG OTHER MATTERS, THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER

 

Consent to Use Electronic Signatures and Electronic Communications

"Communications" means any and all agreements, communications, disclosures, notices, records, documents and/or other items that means any and all agreements, communications, disclosures, notices, records, documents and/or other items.

 

"Contacting us" means emailing us at [email protected]

 

"Current version" means a version of any particular software or application that is currently being supported by its publisher.

"Electronic Communications" means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature.

 

"Electronic Media" means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.

 

“Electronic Product or Service” means each and every product and/or service we offer that you apply for, use or access using any Electronic Media.

 

"Electronic signature" means any means that is used to indicate your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box on or taking any other action to indicate your consent and/or agreement on or in any Electronic Media.

 

Electronic Signatures and Electronic Communications. Subject to applicable law, you consent and agree:

(a) Electronic Signatures. To use Electronic Signatures to indicate that you have read and understand, and that you agree and consent to these Terms, our Privacy Policy, and any and all other terms and conditions and/or any other agreements that we may provide on any form of Electronic Media.

 

(b) Electronic Communications That any and all Communications that we may send or provide to you (even Communications that we may otherwise be required to send or provide you in paper form) shall be in the form of Electronic Communications.

 

(c) When Deemed Received. Each Electronic Communication will be considered to be received by you at the time that we first attempt to send it to you, or if posted on the internet or on a website, within 24 hours after the time that it is posted.

 

(d) Printing, Saving and Storing. To print and save and/or electronically store a copy of all Electronic Communications that we send to you.

 

(e) Updating of Contact Information. To notify us of any FloatMe changes in your email address or your mobile device number or other text message address by Contacting Us.

 

(f) Withdrawal. That the foregoing consents and agreements will remain in effect unless and until you withdraw them in accordance with these Terms.

 

(g) That you represent and warrant to us that you have read and understand this Consent to Use Electronic Signatures and Electronic Communications.

 

Hardware and Software Requirements. In order to access and retain our Electronic Communications, you need to have, and you represent and warrant to us that you do have, and you consent and agree that at all times you will have, all of the following: (1) a valid email address; (2) a computer, laptop, tablet, smartphone or other device that is Internet-enabled and is connected to the internet: (3) a web browser that includes 128-bit encryption, such as a Current Version of Chrome, Internet Explorer, Firefox or Safari, with cookies enabled; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (5) a computer or device and an operating system capable of supporting all of the above; and (6) data storage to electronically save Communications or an installed printer to print them.

 

Withdrawal of Consent. You may withdraw your consent to receive Electronic Communications by Contacting Us. Such withdrawal will be effective only after we have had a reasonable time period to process such withdrawal, and will not apply to Electronic Communications provided by us to you before the withdrawal of your consent becomes effective. If you withdraw your consent, then, except as may be expressly provided otherwise in these Terms, (a) we will terminate your access to, and your ability to use, the Services, and (b) we will close any account that you may have with us and will return to you any balance that you may have therein.

 

Changes. We reserve the right, in our sole discretion, (a) to communicate with you in paper form and/or (b) to discontinue to provide you with Electronic Communications, and/or (c) to terminate or Brigit our terms and conditions with respect to Electronic Signatures and Electronic Communications. Subject to any applicable law, we may notify you of any such discontinuance, termination or FloatMe by means of Electronic Communications, by updating these Terms on the Website, or by delivering notice by email or text message, or by any other means of Electronic Communications that we may choose in our discretion.

 

Requesting Paper Copies. You may request a paper copy of any Electronic Communication that we provided to you by Contacting Us. We will mail the paper copy to your mailing address that we have on file.

Contacting Us Regarding Electronic Signatures and Electronic Communications. Please feel free to request information or ask questions regarding our policy on Electronic Signatures and Electronic Communications by Contacting Us.

 

Use of Website and Services

Subject to the terms and conditions set forth herein, you may access and use the Website for the purpose of using the Services on a non-exclusive basis. When sharing, transferring or otherwise using the Website or any of our Services, you will be required to, and responsible for, ensuring the acceptance of any party you send to, share with, or otherwise use the Website or Services, with the Terms. You acknowledge that the Company may, in its sole discretion and at any time without prior notice, modify, update or otherwise change the Website or Services, including discontinuing any part of the Website and/or Services or to modify or delete any content available through the Website or Services, including these Terms and/or any other legal terms, and conditions, or terms of use that are found in any part of the Website and/or with respect to any or all of the Services. To the extent of any such discontinuance, deletion or modification, the use of the Website and/or Services shall be void.

 

By using the Website and Services, you represent and warrant that: (a) any information you submit is truthful and accurate; (b) you have the right and authority to submit or otherwise provide us with any documents for the provision of the Services, including but not limited to any invoices, orders, agreements and other documents related to your affairs and operations (the “Documents“); (c) you are the rightful owner and holder of your bank accounts (the “Bank Accounts“) and credit card accounts (collectively, the “Financial Accounts“) in which your financial operations are being managed and with respect to the Services that shall be provided; (d) you have the right and authority to provide us access to the Financial Accounts for the purposes hereof; (e) you will maintain the accuracy of the information detailed in sub-section (a) above and such Documents; (f) you are at least 18 years of age or, if higher, the age of majority in your jurisdiction; (g) your use of the Website or Services does not violate or promote the violation of any applicable law or regulation or any legal or contractual obligation you may have to a third party and you have and will at all times comply with all applicable laws, rules and regulations in connection with your use of the Services and Website, any services arranged through the Services and Website, and any interactions with other Users; (h) you are a U.S. citizen (or a legal U.S. resident); (i) the applicable Financial Accounts are located in the United States; and (j) you (i) have not been the subject of a complaint, investigation, or any other legal action (either by any governmental authority or otherwise) involving fraud or larceny; and (ii) have not been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any money laundering offenses.

 

Subsections (a)-(j) above shall be referred to, jointly, as the “User’s Undertakings and Warranties“.

 

By using the Website and Services, (1) you agree to provide us with all information and documentation requested by us, such as your name; email address; mobile device number; online credentials for your Financial Accounts;; and/or any other information that we may require from time to time (collectively, “User Information”); and (2) you authorize us to, directly or through a third-party or from the financial institution holding your Financial Accounts or through third-party websites and databases to obtain, verify, and record any User Information.

 

The information you provide us is subject to our Privacy Policy.

 

By using the Services, you understand and agree that the Company may in its sole discretion, but is not required to, verify that any or all of the User’s Undertakings and Warranties are met by any User and you further agree that the Company is not responsible for assuring that the User’s Undertakings and Warranties are met or for any failure to suspend, terminate or prevent the use of the Services and Website by Users who do not meet the User’s Undertakings and Warranties.

 

You understand that you are solely responsible for making your own evaluations, decisions and assessments about the Documents and their provision to the Company, the Financial Accounts and the provision of access to such Financial Accounts, use of the Services and use of any information provided to you by the Company. If you become aware of any violation or possible violation of the User’s Undertakings and Warranties, you will report it to the Company. If the Company becomes aware of any violation or possible violation of the User’s Undertakings and Warranties (either by reports provided to it by other Users or any other means) by you or any other User, it may suspend and/or terminate your or such User’s membership with or without notice in its sole discretion. If your membership is suspended and/or terminated, you agree not to access the Website and to make no further use of the Services and Website after termination or during the suspension.

 

Without derogating from the above, the Company expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to: (i) any inaccuracy or incompleteness of a User’s representations regarding or non-compliance with the User’s Undertakings and Warranties; and (ii) misstatements and/or misrepresentations made by any Users.

 

By using the Website and Services you understand and agree that the Services merely offer a platform designated to assist you in better managing personal financial behavior and day-to-day spending. You understand and agree that the Company: (a) may address any third party which is associated with you for the provision of the Services and to receive and/or provide any information related to you for such purpose, unless you specifically asked us to refrain from such action by contacting us at [email protected] in which case this service shall be excluded from the Services upon confirmation of receipt of your request; (b) does not employ, recommend or endorse any User, vendor, supplier, service provider or any other third party, including the third parties referred to in sub-Section (a), which is referred or linked to through the Services (each, a “Third Party“>), and has no control over the acts or omissions of any such Third Party; (c) makes no representations or warranties about the identity or other characteristics of any Third Party, the quality, suitability or any other feature of the information or about your interactions or dealings with Third Parties; (d) makes no representations or warranties about the information provided by or obtained from such Third Parties relating to the User; and (e) is not responsible for the performance or conduct of any User or Third Party in any way using or having used the Services and/or Website.

 

Further, although the Company may from time to time, in its sole discretion, facilitate and make available to you through the Services and/or Website various third-party information-related services, including assessment and/or suitability services, quotes, commercial offers, etc., the Company does not undertake to provide such services or otherwise conduct any kind of checks, and even if providing such services or doing such checks, the Company may cease from doing so at any time in its sole discretion without providing any notice, not in advance nor otherwise, and the Company shall not be responsible for any loss or damage arising from or connected to the performance or nonperformance of such services or checks. For the avoidance of doubt, the Website and Services are providing, in essence, tips, how-to and guidance (“Information“) in respect of ways and methods to enhance and improve financial behavior utilizing several inputs that you shall provide, such as, but not limited to, Financial Accounts information, by providing various recommendations and suggestions to use certain Third Parties through the algorithms operated by the Company.

 

The Company is not, and shall not be held liable for any Information provided to you. Any Information provided is strictly the Company’s opinion, expressed through its algorithms as such, and you are responsible for examining such Information, assessing it including its suitability for your needs, and deciding whether to use it and to what extent. By using the Services or Website, you acknowledge that you are solely responsible for such use and that all use of the Services and Website is at your sole risk. As such, you should exercise caution, use good judgment, perform your own assessment and do suitability checks before using any Information. The Company expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Services and Website or your use of the Information or any interaction with Third Parties, including without limitation any acts and/or omissions of Third Parties or any other third party in any way using or having used the Services or Website in any means. By using the Services or Website, you acknowledge that you are solely responsible for such use and that all use of the Services and Website is at your sole risk. The Company reserves the right but has no obligation, to monitor any interactions between you and Third Parties and/or other Users. Further, the Company is not responsible for ensuring that your Bank Accounts have sufficient funds for your needs, purposes, or transactions. Before using the Services, you should consider obtaining additional information and advice from a financial adviser. The Company is neither a financial adviser nor a financial planner. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser and/or financial planner and/or tax advisor.

 

FloatMe User Accounts

By using the Website and/or Services, you automatically authorize us to obtain, directly or indirectly through our third-party service providers, such as but not limited to Plaid, the Application Programming Interface utilized by the Website and Services, and without any time limit or the requirement to pay any fees, information about you and your Financial Accounts from the financial institution holding your Financial Accounts and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant the Company and our third-party service providers a limited power of attorney, and you hereby appoint the Company and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.

 

YOU ACKNOWLEDGE AND AGREE THAT WHEN THE COMPANY OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, THE COMPANY AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.

 

You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third party account providers accessible through the Services. We may, but are not required and do not undertake, to review and assess information obtained from the financial institution holding your Financial Accounts and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement.

 

Advances or Floats

FloatMe allows qualified users to access “Floats,” a service that enables you to obtain earned wages prior to payday, also referred to as Advances. While FloatMe helps you to anticipate income shortfall by providing you with an Advance for the hours you’ve worked, and analyze when you can save, you may also request an Advance without enrolling in FloatMe’s services. To do so, you must be employed and have worked by providing us with a document showing your earned but unpaid hours, that includes the name of your employer. If you fulfill these preliminary criteria, you may request up to $50 of your then available net earned wages for the pay period at the time of your request.

 

You must also fulfill some additional requirements provided below:

 

First, you must have an account in your name, at a United States-based bank or credit union that issues you a debit card (some types of prepaid debit cards also work). If you have a joint account, you represent and warrant that you have the authority to (a) bind the absent account holder; and (b) enter into these Terms independently.

 

Second, you must have a current source of income that you regularly deposit into this account.

Finally, you must have a smartphone with a data plan. You can read more about how we use data from your smartphone in our privacy policy (www.floatme.io/privacy).

 

Requesting an Advance does not require a check of your credit score.

 

There are a few reasons we might not be able to let you obtain an Advance. These may include, but are not limited to:

  • If you do not get paid by direct deposit.

  • If you have previously received an Advance but not repaid it.

  • If your bank account is currently or was very recently overdrawn or otherwise not in good standing.

  • If you recently changed the routing of your direct deposit paychecks.

To request an Advance without enrolling in FloatMe, you may send a written request by certified mail to: FloatMe, Corp. ATTN: Advance Request to 110 E Houston St. 7th Floor, San Antonio, TX 78205. The request must include your first and last name, your phone number and email address, your bank account number and routing number associated with your FloatMe account and into which you receive direct deposit, a copy of your most recent paystub verifying the hours worked and associated earnings, and your work schedule for the current pay period. Failure to provide correct and complete information may make it impossible for FloatMe to provide you with an Advance. In addition to the information contained in this request, you must fulfill all other eligibility requirements for receiving an Advance as outlined above, and may be requested to provide additional documents and methods of verification. Any Advance you receive will be recouped by FloatMe directly from your bank account on your next scheduled payday. We do not charge any interest for this Advance.
 

Fees

FloatMe, Corp. charges $1.99 per month to access its account monitoring, Overdraft notification services, the ability to make savings contributions to a custodial bank account held by FloatMe for the benefit of (FBO) You, the User, and to maintain an active connection to your bank account. FloatMe requires a connected bank account or debit / credit card for payment of our $1.99 fee, which is billed the sooner of 30 days or your first paycheck after initiating membership. If payment attempt is declined, FloatMe reserves the right to cancel your account at its sole discretion. You are responsible to notify us by email at support@floatme.io if you do not want to renew by requesting account deletion. You may also access FloatMe Advances without paying a membership fee by emailing [email protected]. See information above for further instructions. On any deposit advance request such as FloatMe Advances, FloatMe, Corp. has optional fees to expedite the disbursement of funds.
 

 

FloatMe Emergency Stash

FloatMe Emergency Stash is also part of FloatMe's services and is designed to help you save money. To utilize FloatMe Emergency Stash, you must have created a FloatMe account and connected the bank account where you receive your direct deposit paycheck. Through our mobile app, FloatMe will work to uncover opportunities for saving, subject to the user’s consent of electing for FloatMe to automatically facilitate this service, or the user manually electing to elect when to save.

 

FloatMe will keep track of these funds and will transfer from your Bank Account to a custodial bank account held by FloatMe for the benefit of its customers (the “Emergency Stash”) on your next scheduled payday. See “Payment Authorization” Section below for additional information regarding this transfer.

 

You may not use the funds in the Emergency Stash to make purchases, withdraw cash, transfer funds to third parties, or for any other purpose. In addition, please note that you will not receive interest or other earnings on the funds in the Emergency Stash. You irrevocably transfer and assign to FloatMe any and all rights that you may have to any interest that may accrue on funds held in the Emergency Stash. This assignment applies only to interest earned on the funds held in the Emergency Stash, and nothing in these Terms grants FloatMe any rights to the principal of the funds held in the Emergency Stash. Any funds moved to the Emergency Stash will remain there until you instruct FloatMe to transfer any or all of your funds from the Emergency Stash to your Bank Account by submitting a request within the FloatMe app. We will generally transfer the requested funds from the Emergency Stash to your Bank Account within two business days of when we receive your request. It is important to know the amount of available funds in the Emergency Stash before instructing us to transfer funds from the Emergency Stash to your Bank Account. If you do not have sufficient available funds in the Emergency Stash to cover the amount of the requested transfer, your request for the transfer will be declined. We may also transfer funds from the Emergency Stash to your Bank Account without notice to you upon the closure, cancellation, or termination of your FloatMe account.

 

No Exclusivity

You acknowledge and agree that the Company is in the business of providing the Services and that the Company may provide the Services or such services as it shall provide from time to time in accordance with its sole discretion to third parties, including any corporate body or other entity involved in the business or providing services similar to the Services.

 

Restrictions

Without derogating from the provisions of Section 1 thereof, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Website and/or Services; (b) use the Website and/or Services in violation of any applicable law or regulation, including but not limited to, post, publish, share or otherwise transfer any illegal or offensive material; (c) copy, modify, or create derivative works of the Website, Services or content of any of the Website or Services; (d) attempt to disable or circumvent any security or access control mechanism of the Website or Services; (e) design or assist in designing cheats, exploits, automation software such as but not limited to spiders, bots, hacks, mods or any other unauthorized third-party software to modify or interfere with the Website or Services; (f) use the Website or Services or engage with other Users or any third parties for any purpose that is in violation of any applicable law or regulation; (g) attempt to gain unauthorized access to the Website or Services, other FloatMe User Accounts, as defined below, or other devices, computer system, phone systems, or networks connected to the Website or Services; and (h) harvest or otherwise collect information about Users without their consent.

 

Without derogating from the foregoing, if you post, publish, share or otherwise transfer through the Website and/or by using the Services any content or other information, including without limitation by providing the Documents (the “Content“), you represent and warrant that such Content provides an accurate and complete picture of any information or services described therein, complies with these Terms herein, and does not: (a) infringe the intellectual property, moral or publicity rights of any third party; (b) contain any defamatory, libelous, obscene, sexually suggestive or otherwise offensive content (including material promoting or glorifying hate, violence, or bigotry); (c) contain any worms, viruses or otherwise malicious software; (d) violate any applicable law or regulation, including any law or regulation concerning advertising or marketing; (e) attempt to gain control of another FloatMe User Account for any reason; (f) connect any FloatMe User Account that you do not rightfully and lawfully control; (g) impersonate or misrepresent your affiliation with any person or entity; (h) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and (i) encourage or enable any other individual to do any of the foregoing.

 

By posting, uploading, publishing, sharing or otherwise transferring any Content using the Website and/or Services, you hereby irrevocably grant the Company and any of its affiliates and/or sublicenses a worldwide, non-exclusive, perpetual, royalty-free license to publish, share, display and otherwise transfer such Content, except when such content concerns the Documents or any financial information, in any reasonable form as shall be in the Company’s sole discretion. The Company reserves the right to remove, suspend access to or permanently delete any Content in accordance with its sole discretion without prior notice, including without limitation any Content that violates the warranties set forth above or the Company’s business interests, you shall have no right or claim in respect of any such decisions and actions and will hold the Company harmless for any damage or loss arising from the above. Without derogating from the foregoing, the Company is not, and shall not be, liable for any Content provided, posted, uploaded, shared or otherwise made available by Users, directly or indirectly, or any interactions engaged by any Users or with Third Parties. Each User using the Website and/or Services hereby represents to take full responsibility in respect thereof, and the Company shall bear no liability with respect to the foregoing.

 

FloatMe User Account Registration

Users wishing to use the Website, App and Services must complete a registration process and create a user account (the “FloatMe User Account“). The FloatMe User Account allows the use of the Website, App and Services, subject to these Terms. To create a FloatMe User Account, User must provide truthful and accurate information and keep such information up-to-date, and select a password or a pin. You agree that you will supply accurate and complete information to us in the creation of your FloatMe User Account and the use of the Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date. When you complete the registration process, you create a FloatMe User Account. The Company reserves the right for any reason at its sole discretion, (a) to refuse to allow anyone wishing to use the Website, App or Services to open a FloatMe User Account, or (b) to close any FloatMe User Account without notice or warning. You may not provide false information during the registration process. You shall not share your FloatMe User Account or login information with any third party, nor let any third party access your FloatMe User Account, and are responsible for maintaining the confidentiality of the login information for your FloatMe User Account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your FloatMe User Account, even if such activities were not committed by you. The Company will not be liable for any losses or damages incurred by unauthorized use of your FloatMe User Account or password, either to you or to any other User or third party, and you agree to indemnify and hold the Company harmless for any improper or illegal use of your FloatMe User Account, including any content shared or otherwise made available, unless you have notified the Company via e-mail to [email protected] that your FloatMe User Account has been compromised, that you have modified your login information, have requested the Company to block access to it, and the Company has had a reasonable amount of time to review and act on such notification. Without derogating from the foregoing, we may terminate your use of the Website and/or Services if you let any third party use your FloatMe User Account inappropriately or if you or anyone using your FloatMe User Account violates these Terms.

 

Payment Data Systems

Payment Data Systems, Inc. © 1998-2015, publicly traded as (PYDS) under NASDAQ, and is one of our backend software providers. Payment Data Systems is a registered ISO, MSP, TPP, and TPS of Central Bank of St. Louis, Clayton, MO and a registered ISO of Wells Fargo Bank, N.A., Concord, CA, and Protected by U.S. Patent Number 7,021,530. Their API enables us to offer banking services and products.

 

A Single Financial Account May Not Be Linked to More Than One FloatMe User Account

Your FloatMe User Account may be linked to one or more of your Financial Accounts. However, any single Financial Account of yours may not be linked to more than one FloatMe User Account. Regardless of motive or purpose, or even if the result of a mistake or miscommunication, we will deem any attempt to link a Financial Account to more than one FloatMe User Accounts, whether such attempt is by you alone, or by you and one or more joint owners of such Financial Account, to represent a potential abuse of the Website and Services. In such case, we will not permit you or any such joint owner to open any FloatMe User Account, and we will close each and every FloatMe User Account that has been opened by you or by any such joint owner. If you believe that we have made an error in this regard, please feel free to contact us at [email protected].

 

Payment Authorization

By agreeing to these Terms, You agree and authorize FloatMe to initiate Floats to, and to collect Preauthorized ACH Repayments (as authorized by You in the event You do not select the Manual Repayment option) from, Your Bank Checking Account, in accordance with Your electronic and/or online instructions to FloatMe. You agree and authorize FloatMe to collect Preauthorized ACH Repayments and Fees as ACH debits from Your Bank Checking Account, in accordance with the terms set forth above, without additional notice of the amount and date of any such transaction. You waive and give up the right to any such notice. You understand that each such ACH Repayment will result in a debit from Your Bank Checking Account, and the frequencies of such transactions may change from time to time. If FloatMe is unsuccessful in debiting Your Bank Checking Account to collect repayment of a Float or Fee, Your access to the Overdraft Protection Service will be suspended. You agree, acknowledge and consent that the above authorization to collect any and all such Preauthorized ACH Repayments and Fees represents Your written authorization for ACH transactions as provided herein and will remain in full force and effect until You notify FloatMe that You wish to revoke this authorization by emailing [email protected] Your authorization for Preauthorized ACH Repayment will apply even if any such ACH Repayment will result in an overdraft to Your Bank Checking Account, or will increase any overdraft that already exists in Your Bank Checking Account. If any ACH debit or credit was made wholly or partially in error, You also authorize us to correct the error by corrective ACH transactions.

 

FloatMe is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from Your failure to maintain a balance or available credit in Your Bank Checking Account sufficient to meet Your financial obligations (i.e., repayment of the Fee and any Float from FloatMe). You represent and warrant that You have the right to authorize us to charge Your Bank Checking Account for payments due to us (Float repayment and Fees) under these Terms. If FloatMe cannot recoup a Preauthorized ACH Repayment from Your Bank Checking Account, FloatMe will not pursue any legal claim against You but You will be prohibited from further use of the Overdraft Protection Service and / or Floats. Specifically, FloatMe represents and warrants that (a) FloatMe has no legal or contractual claim or remedy against You based on Your failure to repay in the event the Float is not repaid in full (the remaining balance, an “Unpaid Balance”); and (b) that, with respect to the Unpaid Balance, FloatMe will not: engage in any debt collection activities; sell its ability to collect on Your Unpaid Balance as a debt to a third party, report Your Unpaid Balance to a consumer reporting agency or credit bureau; or use Your Unpaid Balance to Your credit score.

Notifications

The Company may from time to time provide automatic alerts. Automatic alerts may be sent to you following certain changes made online to your User profile or Financial Accounts. Electronic automatic alerts will be sent to the email address or mobile number you have provided during your registration process. If your email address or mobile number changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your username and some information about your Financial Accounts.

 

Intellectual Property

The Company is the owner of all worldwide rights, titles and interests in: (a) the Website and Services, and all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Website and Services; and (b) trade names, trademarks, and logos of the Company, and shall at all times remain solely with the Company. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing shall mean only the right to use the Website and Services pursuant to these Terms. Users bear sole liability for any and all Content, including any intellectual property rights thereof, provided, shared or otherwise made available by the Users using the Website and/or the Services, and the Company makes no representation with respect to any such Content. The Company will not be liable for any losses or damages incurred by such Content, and Users agree to indemnify and hold the Company harmless for any damage or loss arising from the above.

 

Privacy

User undertakes not to save, collect or otherwise maintain in his/her possession and use any Content which was not provided by him/her to the Company or provided by the Company to him/her directly without the prior written consent of the User who uploaded, shared or otherwise made available such Content and the Company. User further agrees that the Company reserves the right, in its sole discretion, to save, collect or otherwise maintain in its possession and use the Content and Information, including information that may personally identify such User or describe his/her personal interests in accordance with the terms detailed in its Privacy Policy available at Privacy Policy. The Company reserves the right to make any and all permitted use under any applicable law of the Content and Information as set forth in the Company Privacy Policy. For the avoidance of doubt, the Company does not review, test, confirm, approve or otherwise verify the Content. Each User posting, uploading, sharing or otherwise making available such Content, either with the Company for the provision of the Services or otherwise, shall bear the sole responsibility for the Content, including any and all third party information and required consents. The Company will not be liable for any loss or damage incurred by not complying with the above, and User agrees to indemnify and hold the Company harmless for any damage or loss arising from the above. NOTWITHSTANDING THE FOREGOING, USER UNDERSTANDS AND ACKNOWLEDGES THAT THE COMPANY IS NOT A CONTENT STORAGE SERVICE. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY LOST OR ERASED CONTENT. USERS SHOULD BE AWARE THAT ANY CONTENT POSTED, UPLOADED, SHARED OR OTHERWISE MADE AVAILABLE MAY BE READ, COLLECTED, AND USED BY OTHER USERS, AND COULD BE USED TO SEND UNSOLICITED CONTENT.

 

Links

The Website or Services may contain links or other content related to websites, advertisers, products and/or services offered by third parties, including without limitation such that are part of, or in connection with, the Services. The Company has no control and makes no representation with respect to any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. USER UNDERSTANDS AND AGREES THAT USE OF SUCH LINKS OR OTHER CONTENT IS AT HIS/HER OWN RISK, THAT SUCH LINKS OR OTHER CONTENT ARE GOVERNED BY SUCH THIRD PARTIES’ TERMS OF USE AND PRIVACY POLICIES, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD PARTIES. USER SHOULD CAREFULLY REVIEW THE APPLICABLE TERMS AND POLICIES THAT APPLY TO THE USE OF SUCH LINKS OR OTHER CONTENT OF ANY SUCH THIRD PARTIES. THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THE USE OF SUCH LINKS OR OTHER CONTENT OF ANY SUCH THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND THE COMPANY EXPRESSLY DISCLAIMS, AND USER EXPRESSLY RELEASES THE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES, ARISING FROM AND/OR IN ANY WAY RELATED TO THE USE OF SUCH LINKS OR OTHER CONTENT OF ANY SUCH THIRD PARTIES, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PRODUCTS AND/OR SERVICES.

 

Prohibited Uses

The Website and Services are for the use of individual Users only and may not be used in connection with any commercial endeavors without the express written consent of the Company. The Website and Services may not be used by any person or organization to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with the Company without express written permission from the Company. User agrees not to use any Content in order to contact, advertise, solicit, or sell to any other User without their express consent.

 

Support & Feedback

Users may contact the Company with regard to support for the Website and Services by sending an email to [email protected] We welcome feedback, comments and suggestions for improvements to the Services (“Feedback“). You can submit Feedback by emailing us [email protected] You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

Disclaimers

The Company makes reasonable efforts to ensure that its technology keeps the Website and Services safe and secure. However, no technology is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Except as expressly set forth herein, your use of the Website and Services is at your sole discretion and risk. The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. The Company expressly disclaims all implied or statutory warranties of any kind relating to the Website and Services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. The Company does not give any advice regarding the risk or suitability of any trade, transaction, engagement or other interaction. The Company assumes no responsibility for any transaction, engagement or other interactions made by you and you acknowledge that you are solely responsible for the assessment of your transactions, engagements and other interactions. You shall not hold the Company or any of its officers, directors, shareholders, advisors, employees, agents, anyone acting on Company’s behalf or its affiliates liable for any transaction, engagement and other interaction-related choices made by you. No advice or information, whether oral or written, obtained by you from the Company, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

 

Limitation of Liability

The Company does not guarantee the value, quality, compatibility or any other feature of any Content and Information, as well as any characteristics of the Users (hereinafter in this Section: the “Features“). Any Content, Information or Features are in the sole responsibility of the User using the Features or Information or posting, uploading, sharing or otherwise making available such Content on the Website or by using the Services. While each User must comply with these Terms and non-complying may result in termination of the FloatMe User Account, use of the Website or Services, the Company does not undertake to monitor such compliance and may act where non-compliance is detected as shall be decided in accordance with its sole discretion, as described in these Terms.

 

The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Website or Services or combination thereof, including any injury or damage to Users or to any person’s computer, mobile phone or any other device related to or resulting from participation or downloading materials in connection with the Website or Services. Under no circumstances shall the Company be responsible for the conduct of third parties, including any Users, whether online or offline, and operators of external sites.

In no event shall the Company or any of its officers, directors, shareholders, advisors, employees, agents, anyone acting on Company’s behalf or affiliates be liable to you for any indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the Website or Services, whether or not the damages are foreseeable and whether or not the Company has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

Indemnification

User shall defend, indemnify and hold the Company harmless from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which the Company may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any breach of these Terms by the User or any use by the User of the Website or Services not in accordance with applicable law.

 

Governing Law; Disputes; Arbitration; Injunctive Relief, No Class Actions

These Terms shall be governed by the internal laws of the State of Texas with regard neither to conflicts of law principles nor to the choice of law principles. Any dispute with FloatMe, or its officers, directors, shareholders, advisors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively through arbitration as set forth in the Section below, except with respect to potential imminent harm to FloatMe requiring temporary or preliminary injunctive relief, in which case FloatMe may seek such relief in any court with jurisdiction over the parties.

 

Except for disputes relating to your or FloatMe’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); you agree that all disputes between you and FloatMe (whether or not such dispute involves a third party) arising out of or relating to these Terms, the Website, the Services and/or the Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in San Antonio, Texas, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and you and FloatMe hereby expressly waive trial by jury. You and FloatMe shall appoint as sole arbitrator a person mutually agreed by you and FloatMe or, if you and FloatMe cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, the application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, FloatMe shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court of the Western District of Texas or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards.

 

Any claim against FloatMe must be brought within one (1) year of the date such claim arose.

 

Any claims brought by you or FloatMe must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor FloatMe will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and the Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

 

These provisions will survive the termination of your relationship with FloatMe.

 

Enforceability

If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be forced, deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.

 

You agree that if FloatMe does not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of FloatMe’s rights and that those rights or remedies will still be available to FloatMe.

 

All covenants, agreements, representations, and warranties made in these Terms shall survive your acceptance of these Terms and the termination of these Terms.

 

These Terms and Conditions represent the entire understanding and agreement between you and FloatMe regarding the subject matter of the same, and supersede all other previous agreements.

 

Miscellaneous

Any notices that we may be required to provide to you, whether under law or according to these Terms, may be provided by the Company to any contact information you have provided in your FloatMe User Account information or other, either directly or indirectly, including through email. You expressly agree to the receipt of such communications and notices in such manner.

 

You may not assign any rights hereunder without our prior written consent. FloatMe may assign its rights or obligations pursuant to these Terms. Nothing contained in these Terms shall be construed to limit the actions or remedies available to the Company with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and the Company reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Contact

110 E Houston St.  7th Floor

San Antonio, TX 78205​

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© 2019 FloatMe, Corp. All Rights Reserved. Terms and Conditions.