TERMS OF SERVICE
(Last Updated March 23, 2020)
Welcome to Earnin! These terms of service ("Terms of Service") constitute a legal agreement between you, and ActiveHours, Inc., d/b/a Earnin (“Earnin”) governing your use of the Site and the Services. As used in these Terms of Service, the words “Community Member”, "you" and "your" refer to you, the user of Earnin’s website, device, and/or applications, as the party agreeing to these Terms of Service. The words "we", "us", "our" and any other variation thereof refer to Earnin. Any reference to "Earnin" in this document includes the directors, officers, employees, contractors, owners, agents, licensors, or licensees of Earnin. As used in these Terms of Service, the term "Site" includes all websites, devices, and/or applications we operate that link to these Terms of Service, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. The use of the word "including" in these Terms of Service to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.
ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. You may not use the Site or Services, or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with Earnin; (b) you are prohibited by law from receiving or using the Services; or (c) you are not a U.S. resident.
You agree to comply with these Terms of Service, which include an agreement to resolve disputes in small-claims court. You also agree to comply with the following additional policies:
- Consent to Receive Electronic Disclosures (E-Sign Disclosure and Consent)
- Acceptable Use Policy
- Digital Millennium Copyright Act
- User Generated Content
We may revise these Terms of Service and any of the policies listed above (together, the “Policies”) from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes materially reduce your rights or increase your responsibilities, we will provide notice to you via in-app notification and/or email at least 10 days prior to implementing the changes to the Policies. By continuing to use our Services after any changes to the Policies become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to the Policies, you may close your account and terminate your Services with Earnin.
SIGNING UP WITH EARNIN
You may only have one account with Earnin. To create an account, you must be a resident of the United States or one of its territories, be at least 18 years old or the age of majority in your state of residence, have a Verified Employer, a Bank Account and use a cellular/wireless telephone number and/or email address that you own.
An Earnin account will let you:
- Obtain a Cash Out
- Turn on Balance Shield
- Use Health Aid
- Get Cash Back Rewards
- Use Tip Yourself
- View your Financial Calendar
You acknowledge that you must keep confidential any credentials you use to access your Earnin account, the Site and the Services. Your phone number, email address and other contact information must be kept current in your account profile. If you believe that either your credentials or a device that you use to access the Site and/or our Services has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transaction has occurred, you must notify us IMMEDIATELY at firstname.lastname@example.org or live chat the Earnin team via the mobile app.
You also agree to provide accurate profile information, including, as applicable, your name, physical address, email address (“Profile Information”). Please update all your Profile Information whenever the information provided to us is no longer accurate. You can update your Profile information by clicking on the settings link after you login. If you need help in changing your Profile information, please email us at email@example.com or live chat the Earnin team via the mobile app. You also agree to provide accurate Bank Account information, and promptly update it whenever the information is no longer accurate. Note that we are not responsible for any payment processing errors or fees or other Services-related issues arising from your failure to keep your Profile Information current.
TERMINATING YOUR EARNIN ACCOUNT
You may close your account and terminate your relationship with us without termination fees. However, if we have been unable to recoup payment of a Cash Out from Earnin, you will be unable to use the Services and Site even if you reactivate your account and sign up again until we are able to recoup any unreimbursed Cash Outs.
Once we have verified the Required Identifying Information that you provide to us, you will be able to begin using Earnin’s Services and Site. If we have not verified the Required Identifying Information that you have provided to us, you have not provided all the Required Identifying Information, or you have not completed the account registration process, you may be unable to use Earnin’s Services and Site.
NO REQUIRED FEES OR CHARGES
You are not required to pay any fees or charges to use any of the Earnin Services. There are no required fees to obtain a Cash Out, Max Boost, set alerts for a Balance Shield or set a manual Balance Shield Cash Out, use Health Aid, enroll in Earnin Cash Back Rewards and/or enroll Tip Yourself. You may make voluntary tips to Earnin in appreciation of the Site and/or Services rendered, but you are not required to pay any charge or fee to be eligible to receive or in return for receiving the Services. Please note that while tips are non-refundable, if you need help in changing your tip amount, please live chat the Earnin team via the mobile app. These voluntary tips help fund us and keep us going, but we want you to be in control of if, when, and how much to tip. You will never be denied access to the Services on the basis of not tipping or the amount of any tip you choose to leave. For more information about voluntary tips please reference the specific service below.
We believe that the world is a better place when we all help each other out. You can support our Services by tipping what you think is fair and/or by “paying it forward” to others within the Earnin community by paying a tip on behalf of another user. With all of Earnin’s Services and the Site, you choose whether to pay, what to pay, and how often you pay.
Cash Out. Allows you to access some or all of your earned wages prior to the payday scheduled by your employer, by requesting a “Cash Out”. You may only Cash Out earned wages paid to you by your employer. You will have a set “Daily Max”, which is the maximum you are allowed to Cash Out in one day, as well as a “Pay Period Max”, which is the maximum amount you can Cash Out before your next pay period. All Earnin community members start with a $100 Pay Period Max, with a potential for it to increase up to $500. We have the right to adjust your maxes at any time. Your maxes are determined based on an evaluation of a number of factors we have identified that we believe are related to evaluating your financial health. These factors may be changed at any time, at our sole discretion. We may also limit the number Cash Outs that you can request at any given time or over a period of time, or decline to extend a Cash Out to you if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Services.
Lightning Speed. Depending on your bank, if you provide us your debit card information or banking routing number and Bank Account information, you can Cash Out with Lightning Speed, a service that enables funds associated with Cash Outs to be expedited. If you only provide your Bank Account information to us, you will generally receive your Cash Out within the next 2-3 Banking Days after you request a Cash Out in your Bank Account. If you provide us with your debit card information, you should be able to receive your Cash Out in minutes.
Max Boost. As part of Earnin’s Cash Out Services, you may be offered the opportunity to participate in Max Boost. Max Boost allows you to request a Max boost from another Earnin member in the program (the “Grantor”) by providing you a unique link to send to the Grantor; and if the Grantor approves the request you will get a temporary $50 pay period Max increase which you can then Cash Out. This temporary Max Boost will expire at the end of the pay period. Grantors are not required to approve a Max Boost request, and there is no financial or legal obligation on the Grantor. We may cancel an approved Max Boost if you are no longer at your pay period Max, or if we reasonably believe such refusal is necessary or advisable for legal or security reasons, or to protect the Services. You may also have the opportunity to receive a temporary one-time Max Boost if you send the unique link to a non-Earnin member and they decide to sign-up for an Earnin account.
There are no fees or costs associated with Cash Out or Max Boost. As outlined above, Earnin accepts voluntary tips in appreciation for Services rendered. We appreciate the tip if you can and however much you feel is fair- anywhere from $0-$14 for Cash Out and Max Boost. We like putting you in control.
Balance Shield. Allows you to set an alert to have Earnin send you a notification when your Bank Account falls below an amount that you set ($0-$400) to help you monitor your bank account balance. Balance Shield also incorporates Cash Out, by automatically setting a cash out of up to $100 when your Bank Account balance has fallen below $100. Note, that a Balance Shield Cash Out is subject to your available earned wages, your Daily Max and Pay Period Max requirements. You are responsible for monitoring your Daily Max and Pay Period Max to ensure that the Cash Out application of Balance Shield is available to you. We may limit the amount we send you for Balance Shield Cash Out at any given time or over a period of time. We may also decline to offer Balance Shield to you at any time, without prior notice, if we reasonably believe such refusal is necessary or advisable for legal or security reasons, or to protect the Services.
Balance Shield alerts can stay on indefinitely until you turn them off. There is no fee or charge to use Balance Shield alerts. Generally, Balance Shield Cash Out will need be turned on manually after each Balance Shield Cash Out, however, setting a voluntary tip ($1.50-$14.50) triggers Earnin to automatically keep Balance Shield Cash Out on even after a Balance Shield Cash Out. If you choose to enable Balance Shield Cash Out to activate automatically, Balance Shield Cash Out will stay on indefinitely until you turn it off. Earnin will send you an annual reminder that Balance Shield is turned on.
NO OBLIGATION TO REPAY
We will have no legal or contractual claim or remedy against you based on your failure to repay any Cash Out, Max Boost or Balance Shield Cash Out you take, however, if we are unable to access funds from your bank account to complete a payment that you authorized Earnin to take, you will be prevented from using the Services until you pay any outstanding authorized payment to Earnin. Earnin will not engage in any debt collection activities if the amount of the Cash Out is not repaid on the scheduled date, place the amount of the Cash Out as a debt with, or sell it to, a third party, or report to a consumer reporting agency concerning the amount of the payout.
Health Aid. If you have created an Earnin account, Health Aid allows you to submit your eligible medical bills to Earnin’s Health Aid team to learn about lower payment options for you with your medical providers. Unfortunately, not all medical bills are eligible for Health Aid. Once you upload a medical bill, we will review and notify you if the medical bill is ineligible. If your medical bill is eligible, Earnin’s Health Aid team will conduct a Medical Bill Review, which may require Earnin to speak to your medical provider or its representatives on your behalf. We will send you an update within 48 business hours with either: a final report of available options (if any) to lower your medical bill payments that Earnin obtained from your medical provider or its representatives, or a request for further action from you, so that Earnin can better gauge what options may be available. Health Aid is for informational purposes only and does not guarantee any results. We do not enter into any binding agreement with third-parties on your behalf or make any payments to any third-parties on your behalf in connection with this service.
You agree that by submitting documents, including documents containing medical and insurance information, for Medical Bill Review, you are disclosing the documents to us and expressly authorize us to review the contents of each document. By using Medical Bill Review, you further authorize us to speak to your medical provider, or their representatives, on your behalf about the contents of the documents you submitted for Medical Bill Review. By using Medical Bill Review, you also agree to waive any rights you may have to prevent us from disclosing the content of the documents to your medical provider, or their representatives, on your behalf for the purpose of learning about available payment options to lower your medical bill payments.
There are no fees or costs associated with Health Aid. Earnin accepts voluntary tips in appreciation for Services rendered. You can choose to leave a tip in appreciation for using Health Aid, anywhere from $0-1$100, but are under no obligation to do so. We like putting you in control.
Cash Back Rewards. If you have created an Earnin account, you can enroll your debit or credit card in Cash Back Rewards and you will receive cash back in the form of credit to that same card within 10 days of making a Qualified Purchase at participating merchants. Specifically, Cash Back Rewards will be available for redemption 3-5 days after making a Qualified Purchase. Once you choose to redeem, the reward will be reflected in your associated bank account 3-5 days after that. A “Qualified Purchase” is a purchase from a participating merchant using your debit or card in accordance with the terms of the Offer and these Terms of Service. An "Offer" is the cash back percentage or amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated. There is a $250 cashback limit per transaction.
You may opt-out of Cash Back Rewards at any time by unlink your cards. Within the app, go to Cash Back Rewards, click on “unenroll” and confirm you want to unenroll the card. You must repeat this process for every card you wish to delete.
Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.
If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion.
Please note that we use Empyr, Inc. as our service provider to help us operate our program. Your debit or credit card may only be enrolled in one program operated by Empyr, Inc. If you have already enrolled the debit or credit card with a separate program operated by Empyr, Inc., you will be unable to register that card in both Cash Back Rewards and the other Empyr, Inc. operated program. You may enroll another debit or credit card in Cash Back Rewards or deactivate your card in the other Empyr, Inc. operated program.
Cash Back Rewards statement credits will not appear or be reflected on your transaction receipt from the merchant at the time of purchase and will instead be reflected as part of the aggregate amount received from Earnin. Subject to eligibility verification and settlement of the Qualifying Transaction, statement credits will typically appear as part of your Earnin balance within approximately 10 days of the qualifying transaction but may be subject to delays.
Cash Back Rewards credits cannot be processed if your debit or credit card number expires or changes while the credit is pending and not settled, or your debit or credit card account is not open or in good standing. You may not receive a credit if it is not posted by your card issuer. Earnin, the applicable card network, and your issuer have no responsibility or liability for the failure of a statement credit to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the statement credit.
In no event will the applicable card network be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending credits and any associated dollar values represent offer fulfillment amounts in process owed by the applicable merchant, and not your funds or balances maintained or held by the payment card network or Earnin.
Earnin may choose to share a portion of its Empyr publisher fee with Cash Back Rewards customers, but is not required to share any portion and may cease sharing its portion at any time, with or without notice.
This service is provided to you through a custodial account deposit agreement between you and Evolve Bank & Trust, an Arkansas chartered depository institution. You may access the terms of such agreement at any time here.
By enrolling in Tip Yourself, you may transfer a chosen dollar amount from your Bank Account to an account that you have with us, your Tip Yourself Account. The Tip Yourself Service allows you to better track and meet your savings goals by allowing you to authorize one-time and/or recurring transfers from your Bank Account to your Tip Yourself Account. Within your Tip Yourself Account you can track your savings towards your specific savings goals by creating different “tip jars” within your Tip Yourself Account. You can create up to 5 tip jars in your Tip Yourself Account to help you better track your personalized savings goals. You may obtain information about the balance of funds in your Tip Yourself Account at any time in the app.
Only funds from your Bank Account may be transferred to your Tip Yourself Account. You may transfer funds to your Tip Yourself Account via electronic debits from your Bank Account. If you enable “Lightning Speed”, you may fund your Tip Yourself Account in minutes with your debit card. The funds in your Tip Yourself Account are held at FDIC-insured banks for your benefit. You may not use the funds in your Tip Yourself Account to make purchases, transfer funds to third parties, or for any other purpose other than to withdraw such funds to your linked Bank Account. Funds held in your Tip Yourself Account will remain in your Tip Yourself Account until you instruct us to transfer any or all of your funds from your Tip Yourself Account to your Bank Account by requesting such transfer in the app. We will generally transfer the requested funds from your Tip Yourself Account to your Bank Account within two Banking Days of when we receive your request. It is important to know the amount of available funds in your Tip Yourself Account before instructing us to transfer funds from your Tip Yourself Account to your Bank Account. If you do not have sufficient available funds in your Tip Yourself Account to cover the amount of the requested transfer, your request for the transfer will be declined.
We may also transfer funds from your Tip Yourself Account to your Bank Account without notice to you upon the closure of your Tip Yourself Account at any time if required by applicable law or if we, in our sole discretion, suspect Tip Yourself is being used for illicit purposes or otherwise in violation of these Terms of Service.
Your Tip Yourself Account is subject (1) to a two thousand-dollar ($2,000) deposit limit, which is the same limit regardless of how many tip jars you have (any deposit that would cause your Tip Yourself Account to contain more than two thousand dollars ($2,000) will be declined); and (2) a $500 daily transfer limit.
For our compliance purposes and in order to provide services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and bank account information. When you register for Tip Yourself and from time to time thereafter, we may require you to provide and/or confirm the information and documentation that will allow us to identify you, including Required Identifying Information.
We will review your Tip Yourself Account and transaction activity at various times, including when you initiate a transfer of funds into or out of your Tip Jar(s). We may use proprietary fraud and risk modeling when completing this review and assessing the risk associated with your Tip Yourself Account. This review checks for, among other things, suspicious or illegal activity, and whether your Tip Yourself Account activity complies with these Tip Terms of Service. Review may result in: delayed, blocked or canceled fund transfers; Tip Yourself Account suspension or termination; funds used to offset loss incurred by Tip Yourself; and/or funds being seized to comply with a court order, warrant or other legal processes. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity and Bank Account information. We may limit your Tip Yourself Account and your access to funds in it until such verification is completed.
By using Tip Yourself and providing user information to us, you authorize us to obtain, directly or indirectly through our third-party service providers, information about you and your bank account from the financial institution holding your bank account and other third-party websites and databases that may be necessary to provide the services. We make no effort to review such information for any purpose, including, but not limited to, accuracy, legality, or non-infringement. You agree that our third-party service providers and the operators and owners of the third-party websites will be entitled to rely on the foregoing authorization granted by you.
There are no fees or costs associated with Tip Yourself. You agree that you will not receive interest or other earnings on the funds in your Tip Yourself Account. You irrevocably transfer and assign to Earnin any and all rights that you may have to any interest that may accrue on funds held in your Tip Yourself Account. This assignment applies only to interest earned on the funds held in your Tip Yourself Account, and nothing in these Terms of Service grants us any rights to the principal of the funds held in your Tip Yourself Account.
If you do not use your Tip Yourself Account for a certain period of time, applicable law may require us to report the funds in your Tip Yourself Account as unclaimed property. If this occurs, we may try to locate you using your Profile Information. If we are unable to locate you, we may be required to deliver any funds in your Tip Yourself Account to the applicable state as unclaimed property. The specified period of time to report and deliver funds to a state varies by state, but usually ranges between two and five years.
Both of us may each terminate this Tip Yourself relationship unilaterally at any time upon notice. To close your Tip Yourself Account, please contact us by emailing firstname.lastname@example.org, using live chat with the Earnin team via the mobile app, or closing the Tip Yourself Account through the mobile app. Upon notice of termination, we will return any remaining balance in your Tip Yourself Account to your Bank Account through an ACH transfer and you will no longer be able to use your Tip Yourself Account or Tip Yourself.
YOUR USE OF THE SERVICES
You may only use the Site and Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Site and the Services must comply with all applicable law. If your use of the Site and/or the Services is prohibited by applicable law, then you are not authorized to use the Site and/or the Services. We are not responsible if you use the Site and/or the Services in any manner that violates applicable law.
When you request a Cash Out, Max Boost or Balance Shield, you warrant that the earned wages being cashed out are just and due to you and that you have not received payment for such wages or any part of the wages from anyone else.
You represent and warrant that you have the right to authorize us to credit and debit your Bank Account for credits you request and payments you authorize under these Terms of Service, and you agree to indemnify and hold us harmless from any claims by any other owner of the account.
DEBITS AND CREDITS
We will debit any payments authorized by you for Cash Outs, Max Boost and Balance Shield Cash Out directly from your Bank Account on the day of your next regularly scheduled paycheck. By requesting a Cash Out, Max Boost or Balance Shield Cash Out, you authorize us to electronically initiate debit and credit entries to your Bank Account; or if you link a debit card to your Earnin account, you authorize us to charge your debit card, for all payments you authorize. You agree to maintain a balance that is sufficient to fund all payments that you initiate. We reserve the right to charge your Bank Account at any time on or after the day the paycheck associated with the earned wages you have requested is expected to deposit into your Bank Account. Our failure to debit your Bank Account for repayment within a set amount of time does not constitute a waiver of our right to charge your account for such funds. We will initiate debits to your Bank Account or debit card as permitted by applicable laws and NACHA rules. Failed or rejected debits may be reinitiated at any time up to 180 days after the first debit. By enrolling in Tip Yourself, you authorize us to electronically debit and credit your Bank Account and Tip Jar. You are solely responsible for determining whether the funds debited from your Bank Account and the funds maintained in your Tip Yourself Account are acceptable to you.
Our authorization to initiate debit and credit entries to your Bank Account and to your Tip Yourself Account will remain in full force and effect until you revoke your authorization. If you wish to revoke your authorization, you may do so by contacting email@example.com or using live chat with the Earnin team via the mobile app at least three business days before the day the transaction is scheduled and stop using the Site and the Services. Please note that your revocation of authorization when transactions are pending could result in delays to your receipt of funds and additional charges owed by you to Earnin. Earnin is not responsible for any third-party fees or costs that you may incur based on the timing of authorization revocation.
If we are unable to access funds from your Bank Account to complete a payment that you authorized Earnin to take, you may be prevented from using the Site and the Services until you repay any outstanding amount. However, we will never engage in any debt collection activities if the outstanding amount is not repaid, place the outstanding amount as a debt with, or sell it to, a third party, or report to a consumer reporting agency concerning the outstanding amount.
You are responsible for funding all payments you initiate. We are not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges), or any other third-party fees that result from your failure to maintain a balance or available credit in your Bank Account that is sufficient to fund all payments you initiate.
You consent to receive SMS messages (including text messages), including prerecorded and artificial voice and autodialed from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or Earnin account. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. You may text “stop” to opt out at any time.
Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
MODIFICATION TO SITE OR SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Earnin Site or the Services with or without notice. We reserve the right to change the Services and Terms of Service, including applicable fees, in our sole discretion and from time to time. In such event, if you are a member of the Service and such changes are material, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Earnin will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Site or the Services.
RIGHTS YOU GRANT TO US
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to us through the Earnin Services, you are licensing that content to us solely for the purpose of providing such Services. Earnin may use and store the content for the purpose of providing the Service to you. By submitting this content to Earnin, you represent that you are entitled to submit it to Earnin for use for this purpose, without any obligation by us to pay any fees or other limitations.
By using the Site and the Services and providing Profile Information to us, you authorize us to obtain, directly or indirectly through our third-party service providers, information about you and your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases that may be necessary to provide the services. We make no effort to review such information for any purpose, including, but not limited to, accuracy, legality, or non-infringement. You agree that our third-party service providers and the operators and owners of the third-party websites will be entitled to rely on the foregoing authorization granted by you. YOU ACKNOWLEDGE AND AGREE THAT WHEN EARNIN IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, EARNIN IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services.
EARNIN’S INTELLECTUAL PROPERTY RIGHTS
All content included or available in connection with the Site, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the "Content") and the selection and arrangement thereof is owned exclusively by Earnin, the licensors or suppliers of Earnin and is protected by U.S. and international copyright and other intellectual property laws. You may not copy, imitate, modify or use them without our prior written consent. All rights,title and interest in the Content is hereby reserved. Without limiting the foregoing, no Content on the Site or in the Services may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of Earnin. You may not alter or modify or change Earnin’s Content in any way, use them in a manner that mischaracterizes Earnin or display the Content in a manner that implies Earnin’s sponsorship or endorsement.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to Earnin will be treated as being non-confidential and nonproprietary, and Earnin will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information.
NO LEGAL, TAX, OR FINANCIAL ADVICE; ALERTS
THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. EARNIN IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. To the extent you use a Service for banking or other financial services, the Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. Please note that we are not a financial adviser, and the Tip Yourself services are not intended to provide financial advice. Your financial situation is unique. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guaranties 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.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Earnin makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Earnin will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
DISCLAIMER OF REPRESENTATION AND WARRANTIES
THE SITE, SERVICES, INCLUDING CASH OUTS, MAX BOOST, BALANCE SHIELD, HEALTH AID, EARNIN CASH BACK REWARDS, AND TIP YOURSELF, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EARNIN AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON‐INFRINGEMENT. EARNIN AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR SERVICES, INCLUDING CASH OUTS, MAX BOOST, BALANCE SHIELD, HEALTH AID, EARNIN CASH BACK REWARDS AND TIP YOURSELF. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES, INCLUDING CASH OUTS, MAX BOOST, BALANCE SHIELD, HEALTH AID, EARNIN CASH BACK REWARDS AND TIP YOURSELF IS AT YOUR SOLE RISK.
EARNIN AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE SITES OR THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. EARNIN AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION. EARNIN AND ITS AFFILIATES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE IN ANY WAY TO YOU OR TO ANY THIRD PARTY, FOR ANY ERROR OR DELAY IN THE SITES OR THE SERVICES, AND ANY LOSS OR DAMAGE ARISING FROM (A) ANY SUCH ERROR OR DELAY (B) NON-PERFORMANCE OR (C) INTERRUPTION IN THE SITES OF SERVICES DUE EITHER TO ANY NEGLIGENT ACT OR OMISSION BY EARNIN AND ITS AFFILIATES, LICENSORS AND SUPPLIERS, OR "FORCE MAJEURE" OR ANY OTHER CAUSE BEYOND THE CONTROL OF EARNIN.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL EARNIN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) (COLLECTIVELY, the “EARNIN PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE SITES, THE SERVICES, INCLUDING CASH OUTS, MAX BOOST, BALANCE SHIELD, HEALTH AID, EARNIN CASH BACK REWARDS AND TIP YOURSELF, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF THE EARNIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, THE EARNIN PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTIONS AND THE PREVIOUS SECTION MAY NOT APPLY TO YOU.
INDEMNIFICATION OF EARNIN
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Earnin Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Site or the Services; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party.
Any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, any marketing that led to consummation of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, regardless of whether they arise from contract; tort (intentional or otherwise); consumer protection laws; a constitution, statute, common law, or principles of equity; or otherwise will be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Earnin or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Service will be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case we may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Earnin is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms of Service.
You also acknowledge and understand that, with respect to any dispute with Earnin, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or these Terms of Service:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable will be stricken from these Terms of Service. You agree that if Earnin does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to Earnin.
All covenants, agreements, representations and warranties made in these Terms of Service will survive your acceptance of these Terms of Service and the termination of these Terms of Service.
These Terms of Service represents the entire understanding and agreement between you and Earnin regarding the subject matter of the same, and supersedes all other previous agreements.
If you have questions regarding these Terms of Service or the practices of Earnin, please contact us at firstname.lastname@example.org, using live chat with the Earnin team via the mobile app, or you can send us a letter at:
ActiveHours Inc., dba Earnin
200 Portage Ave.
Palo Alto, California USA 94306
Bank Account- your checking account at your bank that you have linked to your Earnin account to use the Site or Services. If your bank is not listed, then Earnin unfortunately is unable to support it as of today and you will not be able to use the Site or Services. We are actively working to support more banks as we continue to grow, and we encourage you to check back at a later time to see if your bank has been added to our list.
- a copy of your government-issued photo ID, such as a passport or driver’s license;
- a copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and U.S. street address on it; and
- Such other information and documentation that we may require from time to time.
Verified Employer- an employer that (1) has a fixed work location in which you work out of (unfortunately at this time we are unable to support residential work locations) or an online/electronic timekeeping system at work; (2) is paying you on a regular pay schedule (weekly, bi-weekly, semi-monthly, monthly); and (3) is paying up to 50% of your earnings into your Bank Account. If you do not, or cannot provide timesheets, you can use “Automatic Earnings”, which can automatically track your earnings, and add them to your Earnin account based on your work address. To use Automatic Earnings, we need your phone’s GPS (location services) to be on at all times, and you must have a fixed work address.
You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information ("Communications") may be provided by us to you by electronic means (i.e., via email, through the Service by displaying links to notices generally on the Site, or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:
- these Terms of Service and any amendments, modifications, or supplements;
- records of any payment and other transactions you handle through the Sites or Services, including payment histories and transaction confirmations;
- disclosures or notices provided in connection with the Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices);
- any customer service communications, including communications with respect to claims of error or unauthorized use of the Sites or Services; and
- any other communication related to the Sites or Services.
You understand that, in order to view and/or retain copies of the electronic 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). Your access to this page through your device verifies that your device meets these requirements. You must also have a valid email address, sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the Sites or Services.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting email@example.com or using live chat with the Earnin team via the mobile app, and stop using the Sites and Services. There are no fees to close your account with us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
For all of Earnin Services, you agree that any form of electronic signature, including but not limited to signatures via facsimile, scanning, or electronic mail, may substitute for the original signature and shall have the same legal effect as an original signature.
As a condition of your use of the Sites and Services, you represent and warrant to us that you will not use Earnin’s Sites or Services for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not:
- request a Cash Out, Max Boost, or use Balance Shield Cash Out for any earned wages that you do not have the complete right, title and interest in or for which you have already received payment;
- use the Sites or Services in any manner that could damage, disable, overburden, or impair the Sites or Services;
- obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Services;
- access the Sites by any means other than through the interface that is provided by Earnin for use in accessing the Sites;
- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or Services; or
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service.
If we, in our sole discretion, have reason to believe that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect ourselves, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
- we may close, suspend, or limit your access to your account or ability to use the Sites or Services;
- we may update inaccurate information you provided us;
- we may decline to allow you to use the Sites or Services in the future;
- we may take legal action against you; however, with respect to any Cash Outs, Max Boost or Cash Out for Balance Shield, we will not engage in collection efforts to collect payments due to us, place the outstanding amount as a debt with, or sell it to, any third party, or report your repayment history to a credit bureau or other consumer reporting agency; and
- we may hold you liable to Earnin for the amount of damages caused by your violation of these Terms of Service.
Earnin, in its sole discretion, reserves the right to terminate these Terms of Service, access to its Sites, or access to the Services for any reason and at any time with or without notice to you.
Notice. If you are a copyright owner or an agent thereof and believe that any content posted by an Earnin Community Member user infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to our DMCA Agent at:
Earnin Compliance Team
260 Sheridan Avenue
Palo Alto, CA 94306
Telephone: (888) 510-1119
You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the DMCA Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the DMCA Agent, Earnin may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Earnin’s sole discretion.
IMPORTANT NOTICE--THIS IS A BINDING CONTRACT
YOU MUST BE AT LEAST 18 YEARS OF AGE AND A RESIDENT OF THE UNITED STATES OF AMERICA TO RESPOND #YESEARNIN.
Submission of Content
By responding #YESEARNIN, you are agreeing to provide Earnin with Content, such as product reviews, comments, ideas, photographs, and videos through your providing agreement through any other social media site. You may submit your Content so long as you wholly own the Content and none of the materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights or otherwise injurious to third parties or objectionable. Further, you represent that any Content you submit does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably grant to Earnin, as well as its respective licensees, successors and assigns (herein collectively called the "Licensed Parties"), the worldwide, fully-paid, royalty-free, sub-licensable right during Earnin’s use of the Content (“License Term”) to use, publish, broadcast, post online, and copyright :
(i) your name, voice, picture, portrait and likeness ( “Name” and/or “Likeness”) as such Name and/or Likeness appears in or in connection with the Content and (ii) the Content in and in connection with advertising, marketing and promoting Earnin, its products and services, or its sponsored events, in whole or in part, by any and all means, media, devices, processes and technology now or hereafter known or devised throughout the universe.
You understand and acknowledge that Earnin may modify the Content for formatting, navigational, integration or other purposes, but such modifications will not materially distort such Content.
No advertisement, promotional media, or other material in any media containing your Name and/or Likeness related to the Content need be submitted to you for any further approval for use by the Licensed Parties, and the Licensed Parties shall be without liability to you for any distortion or illusionary effect resulting from the publication of your Name and/or Likeness.
Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by you. Earnin’s use of the Content or your Name and/or Likeness does not imply any endorsement of or any affiliation with you.
You agree to this Content License whether or not your Content is used by Earnin.
The Licensed Parties reserve the right to remove any Content.
Earnin respects the intellectual property of others and asks that you do the same. If you believe that your Content has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 by emailing firstname.lastname@example.org or sending Earnin a physical notification at:
ActiveHours, Inc. d/b/a Earnin
Attn: Compliance Team
260 Sheridan Ave, Suite 300,
Palo Alto, CA 94301
Your Representation of Ownership
For each piece of Content you submit, you acknowledge and agree that:
- you are not a minor;
- The Content was created by you or you own or control all rights in such Content, such that you have all necessary licenses, rights, consents and permissions to publish the Content and to grant the rights granted herein, including permission from all person(s) (including property and/or art of third parties) appearing in your Content;
- The Content does not contain any worms, viruses or other code deemed harmful to Earnin and Earnin’s users;
- Your statements are true and verifiable and reflect your actual experiences and beliefs. If at any time the opinions expressed in your submission change, you must notify use immediately;
- The Content does not include any confidential or proprietary information of any kind, whether belonging to you or to a third party;
- The Content does not include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property;
- The Content must not contain material that violates or infringes any third party's intellectual property, privacy or publicity rights. Without limiting the foregoing, Content submissions must not include third-party trademarks, logos, except those of Earnin;
- The Content is not, in Earnin’s reasonable discretion, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful; and
- You agree that no confidential or fiduciary relationship is intended or created between you and Earning. To the extent that any so-called "moral rights," "neighboring rights," or similar or analogous rights apply to any User-Generated Content and are not exclusively owned by Earnin, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Limitation of Liability
INDEMNITY & RELEASE
If you are a California resident, you expressly waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.
Your use of the Tip Yourself Service is governed by Activehours, Inc.’s Terms of Service and the Tip Yourself Supplemental Terms of Service. This Custodial Account Authorization Agreement is provided as a supplement to the Tip Yourself Terms of Service and governs the underlying bank account that is used for your Tip Yourself Account (also known as your “Tip Jar” and referred to herein as your “Sub-Deposit Account”). You as the person that holds the Account, as defined in that certain Evolve Bank & Trust Customer Account Terms (the “Account Agreement”), hereby direct Evolve Bank & Trust, as your agent, and any of its designees, agents, representatives and affiliates (collectively, the “Bank,” “our,” “us” or “we”), as agent for you, to open and maintain in Bank’s Trust Department and/or with other depository institutions (each, an “Insured Depository Institution”) or the Federal Reserve Bank an omnibus custody account owned by the Bank, in which Bank pools the funds held by all of Activehours, Inc.’s (the “Company”) customers, for their benefit, within which you will be issued a sub-account established in your name (“Sub-Deposit Account”).
Deposits and Withdrawals
You authorize the Bank to deposit in the Sub-Deposit Account from time to time all or some moneys you may deliver to Bank from time to time for credit to the Account. You may only designate one deposit account at your depository financial institution (your “Checking Account”) to transfer funds to your Sub-Deposit Account, as described in the Tip Yourself Terms of Service. Bank, in its sole discretion, may divide the Account into one or more separate Sub-Deposit Accounts to be managed by Bank. Bank will transfer funds it receives from you to or from each Sub-Deposit Account in its sole discretion, and will, in its sole discretion, determine the amount of funds to deposit in and withdraw from each Sub-Deposit Account. Bank will generally transfer the requested funds from your Sub-Deposit Account to your Checking Account within two Business Days of when we receive your request. All terms, provisions and agreements set forth in the Account Agreement are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in this Custodial Account Authorization Agreement are inconsistent with the terms of the Account Agreement as it relates to the Sub-Account, the terms set forth in this Custodial Account Authorization Agreement shall apply. Terms not defined herein have the same meanings as set forth in the Account Agreement. Only funds from your Checking Account may be transferred to your Sub-Deposit Account. Funds held in your Sub-Deposit Account will remain in your Sub-Deposit Account until you instruct us to transfer any or all of your funds from your Sub-Deposit Account to your Checking Account by requesting such transfer.
No Third-Party Payments
You may not use the funds in your Sub-Deposit Account to make purchases, transfer funds to third parties, or for any other purpose other than to withdraw such funds to your linked Checking Account.
Customer Maximum Deposit Limit
You shall be prohibited from maintaining an aggregate balance in your Sub-Deposit Account in excess of two thousand dollars ($2,000) at any given time. Your Sub-Deposit Account will also have a daily maximum transfer limit of five hundred dollars ($500).
Right to Refuse Deposits or Withdrawals
Bank may, in its sole discretion, refuse to accept funds for deposit to your Sub-Deposit Account for any reason. Bank will transfer funds it receives from you to or from each Sub-Deposit Account in its sole discretion, and will, in its sole discretion, determine the amount of funds to deposit in and withdraw from each Sub-Deposit Account.
You are not permitted to make withdrawals that exceed the balance of funds in your Sub-Deposit Account. It is important to know the amount of available funds in your Sub-Deposit Account before instructing us to withdraw funds from your Sub-Deposit Account. If you do not have sufficient available funds in your Sub-Deposit Account to cover the amount of the requested transfer, your request for the transfer will be declined.
No Financial Advice
You hereby appoint Bank as your agent and custodian, subject to the terms set forth herein. We are not, however, acting as your financial adviser. The owner of the Sub-Deposit Account is Bank as agent and custodian for you.
Fees and Interest
You will not be charged a fee for Bank’s placement of your funds or in connection with the Sub-Deposit Account. Bank performs all account deposits and withdrawals. You agree that you will not receive interest or other earnings on the funds in your Sub-Deposit Account.
FDIC Insurance Coverage
You further authorize us to collect for you payments related to a Sub-Deposit Account, and to execute and deliver or file on your behalf all appropriate receipts, agreements, releases and other instruments, including whatever agreements may be required to establish and maintain the Sub-Deposit Account or to establish your ownership interest in the Sub-Deposit Account. Deposit accounts and banking services are provided by Evolve Bank & Trust, member FDIC. All funds associated with your deposit account are held by Evolve Bank & Trust. Deposit accounts are insured by the FDIC up to the standard maximum deposit insurance amount per depositor, per FDIC-insured bank, and per ownership category. For more information on FDIC insurance coverage, please visit www.FDIC.gov. The funds deposited in the Sub-Deposit Account will be FDIC insured to the same extent as if such funds were held in the Account with us and shall be aggregated with deposits maintained in your Account with us. In other words, the depositing of your funds into the Sub-Deposit Account will not otherwise increase your FDIC deposit insurance coverage.
The Sub-Deposit Account will be established at an Insured Depository Institution that has entered into agreements with Bank or the Bank’s Trust Department or Federal Reserve Bank.
Your only rights with respect to the Sub-Deposit Account are to demand we repay you all amounts in your Account, including those transferred to the Sub-Deposit Account, and to terminate this Custodial Account Authorization Agreement, as set forth below. The Sub-Deposit Account may not be transferred to another institution, except by us or the Insured Depository Institution.
You may terminate our role as your agent and custodian and our ability to deposit funds you provide us in the Sub-Deposit Account by providing us with thirty (30) days’ prior written notice, such notice to be sent to Evolve Bank & Trust 6070 Poplar Avenue, 2nd Floor, Memphis, TN 38119. Any termination will result in a return of funds in accordance with law and closing of your Account and any Sub-Deposit Account opened specifically for you.
When we open the Sub-Deposit Account and deposit or withdraw funds from the Sub-Deposit Account, you understand and agree that we are acting as your agent with respect to the Sub-Deposit Account, and we will ensure the records associated with the Sub-Deposit Account are in our name, as agent or custodian. You will not receive any written confirmation of the establishment of the Sub-Deposit Account or transfer of funds to or from the Sub-Deposit Account; instead, we will maintain records clearly indicating the transfer and beneficial ownership of the Sub-Deposit Account. You must immediately report to us any changes in Account ownership information that you originally provided to us in connection with the submission of your application for an Account.
Deposit Accounts and Reporting Obligations
Our placing of funds may reflect considerations of federal and state law, our funding needs and funding needs of Insured Depository Institutions, general economic conditions or other factors determined by us in our sole discretion. We will not place funds with more than one Insured Depository Institution. We may place funds to enhance our business objectives and for balance sheet management without any benefit to you, including increased FDIC deposit insurance coverage. Further, we may receive greater benefits when we place your funds with an Insured Depository Institution than if we otherwise maintained your funds with us. We are under no obligation to place your funds with an Insured Depository Institution.
A Sub-Deposit Account will be a deposit obligation of the Insured Depository Institution that maintains the Sub-Deposit Account; provided, this does not modify our obligation to repay all amounts you deposited in your Account.
We may provide your name, tax identification number and other pertinent identifying information to Insured Depository Institution, and other parties providing services in connection with the placement of your funds and the establishing and holding the Sub-Deposit Account. You hereby consent to such release of information. Nothing in this section shall be deemed to prevent us from disclosing information to a third party if required by law.
Although there are two or more accounts associated with your funds (the account maintained with us, referred to as the Account, and the Sub-Deposit Account), your Account is considered a single account for your deposits and withdrawals, as well as for tax reporting, balance requirement, service charge, monthly statement and FDIC deposit insurance purposes. The existence of the Sub-Deposit Account and any other account maintained by us pursuant to these Account Terms is for internal purposes and will not change the manner in which you use, obtain information about or earn interest (if any) on your Account. These transfers, including the placement transfer, will not appear on your monthly statement.
This Custodial Account Authorization Agreement shall remain in full force and effect until the Account Agreement terminates or as otherwise terminated by Bank in its sole discretion. This Custodial Account Authorization Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, you may not assign this agreement to any person without Bank’s written consent.
You, to the extent permitted by law, agree to indemnify Bank from and against any and all claims, losses and liabilities growing out of or resulting from this Custodial Account Authorization Agreement. The Bank shall promptly notify you of any claim, loss or liability as to which indemnification is sought. You shall have the right in each case at your sole expense to investigate, and the right in your sole discretion to defend or compromise any claim, loss or liability for which indemnification is sought. If any action, suit or proceeding is brought against Bank in connection with any claim, loss or liability that is subject to indemnity hereunder, you may and, upon Bank’s request will, at your expense resist and defend such action, suit or proceeding, or cause the same to be resisted or defended by counsel selected by the you and reasonably acceptable to Bank.
Governing Law and Venue
THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF TENNESSEE APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN THE STATE OF TENNESSEE. IN THE EVENT THAT ANY PROVISION OF THIS AGREEMENT IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, UNENFORCEABLE OR VIOLATIVE OF ANY APPLICABLE LAW, IT SHALL BE DEEMED NULL AND VOID TO THE EXTENT THEREOF WITHOUT AFFECTING THE BALANCE OF THIS CUSTODIAL ACCOUNT AUTHORIZATION AGREEMENT.