Terms & Conditions Privacy Policy Checking Policies

Consumer Deposit Account Agreement

(Last revised October 23, 2019)

1. DEPOSIT ACCOUNT AGREEMENT AND DISCLOSURES

This agreement contains the Consumer Deposit Account Agreement (the "Agreement") related to the non-interest bearing demand deposit account ("Account") made available to eligible consumers by Evolve Bank & Trust, an Arkansas banking corporation (the “Bank”), member of the Federal Deposit Insurance Corporation ("FDIC") on behalf of Dave, Inc (“Platform”), the program partner responsible for managing the Account and providing customer service to you. "We," "our," and "us" refer to the Bank, our successors, affiliates, or assignees. "You" and "your" refer to the owner of the Account.

You may submit a request to open the Account at the Platform’s website (the "Website") by visiting www.dave.com or by using the Platform mobile banking application (the "Mobile App"). The Account is not designed for business use, and we may close the Account if we determine it is being used for business purposes. We may refuse to process any transaction(s) that we believe may violate the terms of this Agreement or applicable law.

Business Days

Our business days are Monday through Friday, excluding federal holidays.

Privacy Policy

Our privacy policy is available at Privacy Policy and is considered part of this Agreement.

 

2. DEPOSIT ACCOUNT BASICS

Who is Eligible for an Account

The Account is available to consumers who are citizens or permanent residents of the fifty United States (“U.S.”) and the District of Columbia who are at least 18 years of age with a valid Social Security number or Tax Identification Number. You must agree to accept electronic, rather than paper statements. Your acceptance of electronic statements means; (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (such as end-of-year tax forms and electronic statements).

We may use information from third parties to help us determine if we should open your Account.

Opening an Account

Important information about procedures for opening a new Account

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: When you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver's license or other identifying documents.

The Account

The Account consists of the non-interest-bearing online demand deposit account used to hold your deposits and make payments and transfers to and from the Account. If made available by Platform, the Account may include the use of a Debit Card to make payments and transfers to third parties. Use of a Debit Card will be subject to additional terms and conditions contained in a Cardholder Agreement.

Titling and Ownership

An Account may only be owned and titled in the name of one (1) person who shall solely retain the right to direct the deposit or transfer of funds. The Account cannot be owned or titled jointly, by an organization, as Payable on Death ("POD") or "In Trust For" ("ITF").

Death or Incapacitation

You or your appointed party, designee, or appointed individual agree to notify us promptly if you become legally incapacitated, are deemed incompetent, or die. We will continue to accept deposits and process transaction instructions into and from your Account until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death we may pay or process transactions on your Account on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Account. We may require additional documentation to confirm any claims made on the Account.

Power of Attorney

We may but are not required to, honor your orders and instructions to give another person authority to make transactions on your Account by giving power of attorney to another individual. The account owner and person executing power of attorney over a deposit account is known as the "Principal." The person granted Power of Attorney for the Principal is known as the "Agent." We may refuse to accept a power of attorney for reasonable cause, and we may require the Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of the Agent's knowledge, the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Principal is responsible to provide us with any information if an affidavit presented to us is untrue or misleading or if the Agent exceeds the authority granted by the Principal in the power of attorney. The Agent is required to notify us in writing if the Principal dies or is declared incompetent. The power of attorney will continue in force until a) we receive written revocation from the Principal; b) we receive written notification of the Principal's death, or c) we receive written notification of the death or incapacity of the Agent.

Our Relationship With You

This Agreement and the deposit relationship do not create a fiduciary relationship with Bank.

 

3. GENERAL RULES GOVERNING THE ACCOUNT

The Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Tennessee except to the extent governed by federal law.

Account Funding

You may fund your Account using any of these methods (“Online Funding Transfers”):

TRANSACTION TYPEFREQUENCY OR DOLLAR LIMITSFEES
ACH Debit (next day)$2,000  (day)$0.05 /transaction (next day)
Card (Credit & Debit)$100      (daily)
$100      (weekly)
$5,200  (yearly)
2.4% + $0.30 /transaction (Credit Cards)
0.45% + $0.30 /transaction (Debit Cards)
Linked accounts at Bank$2,000  (day)$0.05 /transaction
Mobile Check depositing limits$100      (daily)
$100      (weekly)
$5,200  (yearly)
$0.50 per check
Direct Deposit$10,000 (day)$0.00 /transaction

 

 

Account Withdraws

You may withdraw and transfer funds from your Account using any of these methods (“Online Withdraw Transfers” collectively with Online Funding Transfers, “Online Transfers”):

ACH Credit$2,000 (day)$.00 /transaction
Linked accounts at Bank$2,000 (day)$.05 /transaction

 

Linking External Accounts

If enabled by Platform for your Account, we may enable you to link an account with Bank or an external account at a third party financial institution to for Online Transfers between your linked account(s) and your Account.

If enabled by Platform, you may link your account(s) with your Account for Online Transfers by logging into your financial institution on Platform’s Website or Mobile App, or by providing the account and routing details for such account and verifying the two (2) micro deposits we send to your linked account the next business day. By linking your external account to your Account, and by subsequently logging into your external account(s) through the Platform Website or Mobile App, you authorize us to view your account history and profile, including, but not limited to, your account and routing details, authentication details, balance, transaction history, contact information, and other related information made available by such external financial institution. By logging into your external account, you understand this information may be used to transact on your behalf and perform other services subject to our privacy policy. We are not responsible for any acts or omissions by the external financial institution or other provider of any aggregated external bank account, including, without limitation, any modification, interruption, or discontinuance of any aggregated external bank account by such financial institution, service provider or Platform Website and Mobile App.

Account Funding with Direct Deposits

If enabled by Platform for your Account, your Account number and bank routing number may be used for the purpose of initiating direct deposits to your Account. The recipient's name on any direct deposit(s) we receive must match the name of the Platform Account Holder. Any direct deposits received in a name other than the name registered to the Account will be returned to the originator.

IMPORTANT: If your Account number changes, you must immediately notify the depositor of funds. You must provide them with the new Account number to ensure that the funds are properly credited to your Account.

Account Funding with Cards

If enabled by Platform for your Account, you may fund your Account with your debit or credit card. To fund your Account using a credit or debit card as your funding source you must have either (i) a credit card issued by a U.S.-based bank or financial institution bearing the trademark of MasterCard International Inc. ("MasterCard"), Visa Inc. ("Visa"), American Express Travel Related Payment Services Company, Inc. ("American Express"), or DFS Services, LLC ("Discover"), or (ii) a valid debit card issued by a U.S.-based bank or financial institution bearing the Visa, MasterCard or Discover logo. You may not use prepaid cards or gift cards with your Account.

Please keep your card account information current. If your card account number changes or your card expiration date changes, we may acquire that information from our financial services partner and update your account accordingly.

You may dispute a payment made via your Account with your card issuer if you used a debit or credit card to fund your payment. Your rights with the card issuer may be broader than those available under this Agreement.

Problems That Could Occur with Deposits

Overpayments and Reversals. If funds are deposited or transferred into your Account by mistake or otherwise, we may correct the situation by deducting the amount of the deposit from your Account without prior notice to you. If there are not enough funds in your Account at that time, your Account could become overdrawn. See the "No Overdrafts" and "Right to Set Off" sections below for more information about what could occur if your Account has a negative balance.

No Deposits in Cash, Paper Checks or Foreign Currency

We are not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us.

  • Cash - We do not accept deposits made in cash. If you mail a cash deposit, the cash will be sent back to the address we have for you on file
  • Paper Checks - Personal checks, cashier's checks, and money orders may not be deposited by mail. All checks and money orders sent to us for deposit will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be deposited to the Account at our discretion
  • Foreign Currency - We do not accept deposits in foreign currency. Any deposits received in foreign currency, cash or check, will be sent back to the address we have for you on file

No Overdrafts You are not permitted to overdraw your Account. If the available balance in your Account is not sufficient to cover any payment or withdrawal you have authorized, we may refuse to process the payment or withdrawal. If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Account has a negative balance for an extended period of time and you have another account with us, we reserve the right to exercise our right to set off. See the "Right to Set Off" section below for details. If your Account has a negative balance for ninety (90) calendar days or more it will be closed. In the event you fail to pay the amount of any overdraft and we refer your overdrawn account to an attorney for collection, you agree to pay all reasonable expenses, including, but not limited to, reasonable attorney’s fees and court costs incurred by us as a result of your account being overdrawn.

Right to Set Off

If your Account balance becomes and remains negative, we can use the funds in any of your accounts to repay the amount owed on the negative balance Account without any further notice to or demand on you. This means, we have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. Further, you grant us a lien on and security interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to us, now or in the future.

Legal Processes Affecting Accounts

If legal action such as a garnishment, levy or other state of federal legal process ("Legal Process") is brought against your Account, we may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, we have first claim to any and all funds in your Account for your liability under this Agreement. We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, even if any funds we may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to us. You agree that you are responsible for any expenses, including legal expenses and fees we incur due to any Legal Process on your Account. We may charge these expenses to your Account. You will indemnify us for any losses if we do this.

Account Inactivity and Escheatment

An account that is inactive for a period of time may be considered dormant and is subject to escheatment. Each state has varying laws as to when an account is subject to escheatment and we may be required to send the balance in your Account to the state of your last known address. We will make all reasonable efforts to contact you before transferring the remaining balance of your Account to the applicable state. For an Account with an international address, the funds will be transferred to the State of Tennessee.

Consent to Use Electronic Signatures and Communications and Statements

Your Consent. To the fullest extent permitted by law, this Agreement, account statements, notices and other communications (collectively, “Communications”) from us to you regarding your account(s) and related services with us may be provided to you electronically, and you consent and agree to receive those communications in an electronic form. Electronic Communications may be posted on the pages within the Platform Website and/or delivered to your email address. You may print a paper copy of or download any electronic communication and retain it for your records. All Communications in electronic format will be considered to be “in writing,” and to have been received on the day of posting, whether or not you have received or retrieved the Communication. We reserve the right to provide Communications in paper format.

Your consent to receive Communications electronically is valid until you revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive Communications electronically, Platform will terminate your right to use the Platform Website and/or Mobile App or to obtain or maintain Platform account(s) and related services, and you accept sole liability for resulting from an involuntary termination of your Platform Account(s) and related services, to the extent permitted by law.

Except as expressly provided otherwise in this Agreement, we will mail, send electronically, or otherwise make Communications available to you. Please review promptly all Communications we deliver or make available to you. If Communications are mailed to you, they will be delivered to you at the postal address shown in our records. If Communications are sent to you electronically, they will be delivered to you at the email address shown in our records or otherwise made available to you on the Platform Website and/or Mobile App. However, we retain printable versions of your account statements for seven (7) years, or longer periods as may be required by applicable law. You agree to give Platform notice of any change of your postal or email address. Any account owner or authorized signer of a joint account may change the mailing address for your Account. Notice to any one account owner shall constitute notice to all joint account owners in a joint account.

Statements

Statements will be sent to the email address you provided upon opening your Account, or we otherwise be made available to you on the Platform’s Website or Mobile App on periodic basis at approximately monthly intervals if you have transacted on your account or quarterly if no transactions have occurred unless we specify to you another interval period when you open your account or thereafter. The Account statement will describe each item by item number (where appropriate), amount, and date of debit or credit. If applicable to your Account, images of checks on your Account may be presented in the statements. If we comply with the foregoing provisions of this Section, you agree that the statement and items all have been made available to you in a reasonable manner. We will not be responsible for any indirect, special or consequential damages under any circumstances for our inability to provide copies of checks. Our liability, if any, will not exceed the face amount of the check in question.

Electronic statements are available to view and print on the Website or Mobile App (if available). Account statements are considered to be correct. Carefully review your statement each statement cycle and notify us of any errors within sixty (60) days of your statement becoming available.

Special Rules for New Accounts

Accounts open less than thirty (30) days or Accounts may be limited in functionality. Direct deposits and other funds credits to your Account may be given provisionally for a reasonable amount of time. If the Platform offers a Debit Card with your Account, you may also not be eligible to use certain features such as the bill pay checks until the Platform Debit Card has been activated and the Debit Card Account has been open for at least thirty (30) days. In addition, certain transfer limits may be lower during this time as indicated in the following Sections, "Account Funding," “Account Withdrawals and Transfers,” "Electronic Banking Services," and "ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS".

Bill Pay via Checks

If enabled by Platform for your Account, you will have access to the bill payments check feature (the "Checks") through the Mobile App or Website which allows you to authorize us to make bill payments on your behalf to third parties. You may not have access to the Checks until your Account has been open for a minimum of thirty (30) days.

To initiate a bill payment using the Checks, you must provide the name and mailing address of each individual or company you wish to pay. Once a payment is authorized, the payment amount will be immediately deducted from your Account balance. Payments made using the Checks take the form of a paper check sent to the payee using standard U.S. Postal Service mail. Please allow three to nine (3-9) business days for delivery of the check. Payments can only be sent to addresses located within the fifty (50) states of the U.S. Check payments are processed daily by 9 AM Pacific Time. Check payments initiated after this time will be processed the next business day. Platform reserves the right to refuse to process payments to any individual or company. If the decision is made to refuse a payment, Platform will notify you on or before the next business day.

Checks may be refused or returned by the individual or company to whom the payment was issued. The determination to accept this method of payment is at the discretion of the recipient. The U.S. Postal Service may also return payments in cases of expired or invalid addresses. If the Check payment is returned for any reason, the payment will be voided and the full amount credited to your Account the next business day.

Uncashed Checks: Uncashed Checks are voided after 180 days. Funds from voided checks will be credited to your Account after such time period.

Cancelling a Check payment: You may cancel a single Check payment as long as it has not been presented for payment by contacting Platform at friends@dave.com. Funds from any cancelled check will be credited to your Account on the next available business day.

Liability for failure to stop payment of a Check payment: If you request cancellation of a Check payment within three (3) three business days or more before it is scheduled to be made, and we do not cancel it in time, we will be liable for your losses or damages.

Illegal Transactions

You may not use your Account for online gambling, any illegal transaction or for car rental transactions. We may refuse to process any transaction that we believe may violate the terms of this Agreement or applicable law. You acknowledge and agree that we have no obligation to monitor, to review or to evaluate the legality of your transactions. To the fullest extent permitted by law, you agree to pay for any transaction that you authorized, even if that transaction is determined to be illegal.

 

4. ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS

Your Account number and bank routing number can be used for the purpose of initiating direct deposits ("ACH Credits") to your Account. If enabled by Platform, we may offer same-day ACH Credits for your Account. This means you may receive ACH Credits within one (1) business day.

Note: The recipient's name on any direct deposit(s) or ACH Credit(s) we receive must match the name on the Account. Any direct deposits received in a name other than the name registered to the Account will be returned to the originator.

No Third Party ACH Debits. We do not currently accept third party ACH debits on your Accounts; however, we reserve the right to offer these services to you in the future or accept a request for ACH debit request per the terms of this Agreement.

Limits on ACH Transactions

Cut-off Time - The cut-off time for scheduling next day ACH transfers is 4:00 P.M. Pacific Time. The cut-off time for scheduling same day ACH transfers (if enabled on your Account) is 9:00 A.M. Pacific Time. Any next day ACH transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day. Any same day ACH transfer scheduled after the cut-off time will be treated as if it were scheduled as next day ACH transfer. In some circumstances, transactions may be delayed for risk or compliance reasons.

Electronic Funds Transfer Services

The following terms are used to describe Electronic Funds Transfer ("EFT") services. "Automated credits" or "direct deposits" are deposits made to your Account by electronic means. "Automated payments" indicate payments authorized by you to be made from your Account by electronic means.

When you authorize transfers to or from your Account, you agree to these terms and conditions.

Types of Electronic Funds Transfers Available

  • You may arrange with another party, such as your employer or a government agency, to electronically deposit funds on a one-time or recurring basis directly to your Account.

Limitations on Transfers, Amounts and Frequency of Transactions

  • Limits as detailed in the Sections titled “Account Funding" and “Account Withdrawals and Transfers agreement.

Right to Receive Documentation of Electronic Funds Transfers

  • Statements. You will have access to an electronic monthly statement that can be viewed on the Website or Mobile Apps (if available).
  • Direct Deposits or Automated Credits. If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same person or company, email us friends@dave.com to find out if the deposit has been made.

Right to Stop Payment of Preauthorized Transfers and Procedures for Doing So

If you scheduled a one-time ACH transfer or recurring ACH transfers using a written authorization form, you may be able to cancel the transaction stop any of these payments. Here's how:

To stop a recurring ACH transfer you pre-authorized through Platform and are unable to cancel the transaction on the Website or Mobile App, please email us at friends@dave.com to request cancellation of the recurring payment.

To stop payment, first try to cancel the transaction on the website or Mobile App; and, if you are unsuccessful, write us at Dave, Inc 1265 S Cochran Ave, Los Angeles, CA 90019, or email us at friends@dave.com. Your request to stop payment must be received at least three (3) business days before the payment is scheduled to be made. Such a stop payment request will cancel a single, i.e. one (1) recurring payment. If you want to permanently stop all recurring payments to a specific receiver of a transfer you will be required to put your request in writing and send it to friends@dave.com within fourteen (14) days after your notification to stop such payments. You will need to tell us; the name of the payee, the dollar amount of the payment and the date of the payment. If written stop payment notification is not received within fourteen (14) days, the payment in question will be honored as originally authorized and future payments will not be permanently stopped.

Notice of Varying Amounts

If the recurring ACH transfers you make might vary in amount, the Platform will tell you the transfer date and the amount of the transfer ten (10) days before each payment is scheduled to take place. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits you set).

Liability for Failure to Stop Payment of Preauthorized Transfer

If you order Platform or us to stop a pre-authorized payment three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Your Liability for Unauthorized Transfers

Contact us as once if you believe your Account number has been stolen. Telephoning is the best way to minimize your possible losses. If Account number has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, email friends@dave.com. If you notify us within two (2) business days after you learn of any unauthorized transactions, you can lose no more than $50.00 if someone used your Account without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Account number and we can prove that we could have stopped someone from using your Account without your permission if you had promptly notified us, you could lose as much as $500.00.

Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the section labeled "Information About Your Right to Dispute Errors". If you do not notify us within sixty (60) days after you become aware of the transaction(s) and/or the statement was made available to you, you may not get back any of the value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking value if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If your Account number has been lost or stolen, we will close Account to keep losses down and issue you a new Account number.

If your Account changes you must immediately notify your employer or any other payors or merchants. You must provide them with your new Account number to ensure that your direct deposit and/or ACH Debit activity continues uninterrupted.

Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from your Account on time or in the correct amount according to our Agreement with you; we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

If through no fault of ours, you do not have enough funds available in your Account to complete the Online Transfer;

  • If access to your Account or linked account has been blocked after you reported your Account number or linked account number lost or stolen;
  • If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
  • If we have reason to believe the requested transaction is unauthorized;
  • If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
  • Any other exception stated in our Agreement with you

Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, write to us at Dave, Inc 1265 S Cochran Ave, Los Angeles, CA 90019 or email us at friends@dave.com if you think your statement or receipt is wrong or if you need more information about a transaction listed in the statement or receipt. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically accessed your Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us, sending us an email, or by writing to us. You will need to tell us:

  • Your name and Account number, email address associated with your Account and Account number (if any);
  • Why you believe there is an error, and the dollar amount involved; and
  • Approximately when the error took place.

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.

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

For errors involving new Accounts, POS transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documentation used in the investigation may be obtained by contacting us at the phone number or address shown at the beginning of this section. If you need more information about our error-resolution procedures, email us at friends@dave.com, or visit the Website.

 

5. GENERAL FUNDS AVAILABILITY POLICY

Information contained in this section is provided to assist you in understanding our Funds Availability Policy.

We make funds available according to the type of deposit and when the funds are applied, or credited to your Account. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers or payments, check payments or, if available, transactions using your Debit Card during the hold period. We have the right to refuse any deposit.

If final payment is not received on any item you have deposited into your Account, or if any direct deposit, ACH transfer is returned to us for any reason, you agree to pay us the amount of the returned item.

Availability

The length of the delay in the availability of funds varies depending on the type of deposit.

Business Days

The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your Account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received by midnight Central Time will be considered current-day deposits. Any deposits received after that time will be processed the following business day.

Same Day Availability

Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to your Account.

ACH Credits received from an external bank account will be applied to the Account when we have verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability.

Longer Availability

Electronic transfers depositing into the Account initiated through the Mobile App or Website may take up to five (5) business days from the date of the initial request, but will post on the payment date of the deposit once the money has reached the Bank and/or Platform.

 

6. TRUTH IN SAVINGS DISCLOSURES

This is not an interest bearing account. No interest will be paid. There is no initial deposit required to open an Account. You may deposit any amount you wish when opening the Account.

 

7. OTHER AGREEMENT TERMS

Indemnification

At our request, you agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

No Warranty of Availability or Uninterrupted Use

From time to time, services related to the Dave, Inc and the Account may be inoperative. When this happens, you may be unable to access the Website, and you may be unable to use the Account or obtain information about the Account. Please notify us if you have any problems using the Account or Website. You agree that except as required by applicable law we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

Limitation of Liability

Except as required by applicable law, we shall have no liability to you if we are unable to complete a transaction for any reason beyond our control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer your Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the your Account, any products or services purchased using Account, or this Agreement (as well as any related or prior agreement you may have had with us).

English Language Controls

Any translation of this Agreement is provided for your convenience. The meaning of the terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Customer Service

For customer service or additional information regarding your Account, please contact us at: Email us at friends@dave.com. Telephone Monitoring/Recording

From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable.

Amendment and Cancellation

Except as otherwise required by applicable law, we may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement at the Website, and any such amendment shall be effective upon such posting to the Website. The Agreement is also available on our Website. You will be notified of any amendment(s) in the manner provided by applicable law prior to the effective date of the amendment(s). However, if the amendment(s) is made for security purposes or your benefit, we may implement it without prior notice.

We may cancel or suspend your Account or this Agreement at any time. You may cancel this Agreement by emailing friends@dave.com to close your Account. Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to cancellation.

If your Account is cancelled, closed or terminated for any reason, you may request the unused balance be returned to you via ACH transfers or check (unless notified otherwise in writing by Platform) to one of your external accounts on our records. If your Account is closed prior to the end of the statement cycle, any accrued interest earned for that cycle will be forfeited. For security purposes, you may be required to supply identification, external account, and address verification documentation prior to issuing a refund check. Allow fourteen (14) days for processing of such balance return. We may refuse to honor any checks issued on your Account which are presented to us for payment after your Account is closed. In the event the Platform’s program is cancelled, closed, or terminated, Platform or we will send you prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining Account balance, will be in the notice. We reserve the right to refuse to return any unused balance amount less than $1.00

IMPORTANT: If you terminate your relationship with Platform, the Account will automatically be closed. Upon closure, any remaining funds in the Account will be processed per this section.

Confidentiality

We may disclose information to Platform and other third parties about your Account or the transactions you make:

  • Where it is necessary for completing transactions;
  • In order to verify the existence and condition of your Account for a third party;
  • In order to comply with government agency, court order, or other legal or administrative reporting requirements;
  • If you consent by giving us your written permission;
  • To our employees, auditors, affiliates, service providers, or attorneys as needed; or
  • Otherwise as necessary to fulfill our obligations under this Agreement or as detailed in our Privacy Policy.

Survival

All provisions of this Agreement shall survive the termination of this Agreement or closure of your Account by either party for actions arising in connection with this Agreement or your Account(s).

Arbitration

Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) this Agreement; ii) the Account; iii) your acquisition of the Account; iv) your use of the Account; v) the amount of available funds in the Account; vi) advertisements, promotions or oral or written statements related to the Account, as well as goods or services purchased with the Account; vii) the benefits and services related to the Account; or viii) transactions made using the Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration shall occur in Shelby County, Tennessee.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity; or iv) closing of the Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, EMAIL US AT friends@dave.com TO CLOSE THE ACCOUNT AND REQUEST A REFUND, IF APPLICABLE.

 

 

Consumer Visa Card Agreement

1. IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: when you register a Card, we will ask for your name, address, date of birth, social security number or tax identification number, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.

 

2. USE OF YOUR CARD

Each transaction on your Card is subject to the terms of your Deposit Account Agreement. To protect the use of your Card, you will be provided with a personal identification number (“PIN”), which must be used on all automated teller machine (“ATM”) transactions and PIN transactions. You should not disclose your PIN to anyone. If the security or confidentiality of your PIN is compromised, you should notify us at once through the messaging features made available to customers at Website (www.dave.com). Your Card will allow you to conduct:

  • ATM Transactions: Your Card may be used with a PIN at any ATM connected to one of the various card processing networks in which we participate (“Networks”) to make cash withdrawals directly from your Account.
  • PIN Transactions: Your Card may be used with a PIN to access funds in your Account to purchase goods or services and to obtain cash at any merchant that participates in the Networks.
  • Visa Transactions: Your Card also may be used without a PIN to access funds in your Account to purchase goods or services at any merchant that accepts Visa debit cards, and to make cash withdrawals from the tellers at those banks and other financial institutions that participate in the Visa Network and accept Visa debit cards.

PIN Transactions and Visa transactions are accepted solely at the option of individual business establishments, banks and other financial institutions, and you agree that we will not be liable to you for refusal by any such business, bank or financial institution to honor the Card.

 

3. PREAUTHORIZED RECURRING TRANSFERS; STOPPING PAYMENT ON TRANSACTIONS

If you use your Card or the account number for your Card to authorize in advance any recurring payments from your Deposit Account (for example, a monthly gym membership fee) and later wish to stop one or more of these payments, you should contact the merchant/biller directly. If the merchant/biller fails to stop the recurring payments, send a support message via the Website. If you wish us to stop a particular payment, you must notify us as provided in the agreement for the Deposit Account from which this payment is made in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you deliver your stop payment request by telephone you must confirm your stop payment order in writing within 21 days of your oral stop payment order. An oral stop payment request will not be binding on us after 21 days if you fail to provide the required written confirmation (which can be in the form of a support message submitted via the Website). Your Card may have to be cancelled in order to stop recurring payments.

 

4. HOLDS FOR AUTHORIZED TRANSACTIONS

We may place a hold on your Deposit Account for a Card transaction. When you use your Card for certain transactions (including every PIN and many Visa transactions), the merchant accepting your Card may request advance authorization of that transaction. If we authorize a transaction, we may place a temporary “hold” on your Deposit Account for the amount of the authorized transaction, which we refer to as a “POS hold.” A POS hold is not payment for an authorized transaction. We will make payment for a transaction only after the actual transaction is presented to us physically or electronically.

Release of POS holds. Any POS hold on your Deposit Account will be released upon the earlier of: (a) the day we: (i) receive the actual transaction, (ii) post that transaction to your Account for payment, and (iii) match the authorization of that transaction to the actual transaction; or (b) three (3) business days after the date we authorized that transaction. The release of the POS hold will be in the form of a credit to your Deposit Account for the amount of the hold. Credits for released POS holds and payments for Card transactions are posted separately to your Account, and the credit for any particular POS hold is not used to pay the particular transaction for which the hold was placed.

Effect of an authorization hold. Each POS hold will reduce the available balance in your Deposit Account by the amount of the hold. In the event the available balance in your Deposit Account is insufficient to pay items posted to your Account, transactions will decline.

Authorization requests by merchants. Under the Visa rules governing Card transactions, merchants generally are permitted to request authorization only for the actual amount of a transaction. However, certain kinds of merchants in specified situations are permitted to request authorization for a Card transaction in an amount different from the amount of the actual transaction. For example, restaurants and drinking establishments may request authorization for the estimated amount of a transaction, and others may request authorization for an amount up to 20% over the amount of the actual bill in order to cover an anticipated tip. When we receive an authorization request from a merchant, we do not receive information from which to determine whether the request covers the actual amount of a transaction, an estimated amount, or whether the merchant’s request exceeds the amount permitted by the Visa rules. For example:

  • If you use your Card to pay for a $50 dinner, the restaurant may request authorization for a $60 transaction, as permitted by the Visa rules.
  • If you use your Card at a drinking establishment to order drinks totaling $10, the establishment might request authorization for a $50 transaction in anticipation that you will place additional orders. Even though this practice may not be permitted by the Visa rules, we cannot make this determination at the time we receive the authorization request.
  • Card terminals used for “pay at the pump” gasoline purchases will check for authorization before the amount of any purchase is determined. Authorization will be given only if the available balance in your Deposit Account equals or exceeds a certain designated amount, which may vary among merchants and change from time to time. Because authorization is based on this designated amount (not the amount of your intended purchase), authorization may be declined even though the available balance in your Deposit Account is sufficient to cover your intended purchase. To avoid authorizations that may exceed the amount of your intended purchase, you may pay inside the station rather than at the pump. If we authorize a Card transaction, the POS hold will be for the amount requested by the merchant, which may be in excess of the amount of the actual transaction or the amount permitted by the Visa rules. Because each POS hold reduces the available balance in your Deposit Account, any authorization request by a merchant for an amount that exceeds the amount of the actual transaction may cause you to have insufficient funds to pay items posted to your Deposit Account.

 

5. ILLEGAL TRANSACTIONS

You agree that you will not use your Card for any transaction that is illegal in the jurisdiction where you reside, in the jurisdiction where the transaction is consummated, or in any other jurisdiction affected by the transaction. You agree that it is your responsibility to determine the legality of each transaction in all applicable jurisdictions before entering into such transaction. Display of the Visa logo or any other logo by any person accepting the Card does not indicate that the transaction is legal in all applicable jurisdictions. You acknowledge and agree that we have no obligation to monitor, to review or to evaluate the legality of your Card transactions. You also agree that you will not use your Card in connection with any Internet or online gambling transaction or lottery ticket purchase, whether or not the same is legal in any applicable jurisdiction. We may refuse to process any Card transaction that we believe may violate the terms of this Agreement, your Deposit Account agreement or applicable law. To the fullest extent permitted by law, you agree to pay for any Card transaction that you authorized, even if that transaction is determined to be illegal.

 

6. LIMITATIONS ON FREQUENCY AND DOLLAR AMOUNT OF TRANSACTIONS

For security reasons, we may impose restrictions on your Card that may limit your ability to use your Card. Some restrictions, which are designed to detect and prevent unauthorized use of your Card, cannot be disclosed. In certain cases, because of the limitations imposed by some non-Bank ATMs and in the event of equipment failure or unavailability, you may not be able to withdraw or to access funds.

 

7. FEES FOR USE OF THE CARD

Other than the International Service Fee described in the next paragraph, we do not charge any fees for the use or initial issuance of the Card. We will not charge you a fee to use your Card at any in-network ATM, however, operators of other ATMs and cash dispensing devices, their Networks, and merchants may charge you a fee. Some cash dispensing devices appear to be ATMs, but actually may process certain transactions as PIN transactions. If you use your Card multiple times at one of these cash dispensing devices, some transactions may be processed as PIN Transactions and others as ATM Transactions.

  • “International Transactions” include any transaction that you make using your Card in a foreign currency and any transaction made using your Card outside of the United States of America, even if that transaction is made in U.S. dollars. If you make a transaction in a currency other than U.S. dollars, Visa will convert the amount of that transaction into U.S. dollars according to its own currency conversion procedures in effect at that time. The exchange rate used to convert the currency is either a rate selected by Visa from the range of rates available in wholesale currency markets on the applicable processing date (which rate may differ from the rate the entity itself receives), or the government mandated exchange rate in effect on the applicable processing date. The exchange rate in effect on the applicable processing date may differ from the exchange rate in effect on the date you used your Card or Account. The amount (in U.S. dollars) of any credit associated with a particular foreign currency transaction is likely to differ from the amount (in U.S. dollars) of the original transaction due to differences in the applicable rates, which may vary daily. VISA may charge you an International Service Fee (sometimes referred to as an “ISF”) equal to one percent (1%) of the U.S. dollar amount of any International Transaction. The International Service Fee will be calculated on the U.S. dollar amount provided to us by Visa and will be charged to the same Account to which the transaction is posted at the same time the International Transaction posts to that Account. The same conversion process and fee may apply if any International Transaction is reversed or credited back to your Account

 

8. BUSINESS DAYS

Our business days are Monday through Friday, excluding bank holidays.

 

9. DEPOSIT ACCOUNT REQUIREMENT

At the time you requested your Card, you opened the deposit account with Bank through Dave, Inc to which all POS transactions on your Card would be posted, and this deposit account is referred to as your primary Deposit Account. If your primary Deposit Account is closed, you will lose access to your Account and your Card will no longer work.

 

10. DOCUMENTATION OF TRANSACTIONS

Each time you use your Card, you will receive or be given the option to obtain a receipt for that transaction. You also will receive or we will make available to you a periodic account statement, which will show you the details of all transactions and transfers made with your Card during the covered period.

 

11. YOUR RESPONSIBILITY FOR TRANSACTIONS USING THE CARD

Subject to the limitations described in Section 12 below, you agree that you are responsible for all transactions using the Card.

 

12. YOUR CARD OR PIN IS LOST, STOLEN OR SUBJECT TO ANY UNAUTHORIZED USE

You agree to notify us immediately if your Card or PIN is lost or stolen, or if you believe either your Card, PIN, or the account number for your Card is subject to any unauthorized use. You also agree to take any reasonable actions we may request to prevent unauthorized Card use. Contact customer service IMMEDIATELY if a you believe: (a) a Card has been lost or stolen, (b) someone has gained unauthorized access to any access information for your Deposit Account, or (c) someone has transferred or may transfer funds from the Card without your permission. Reporting a lost/stolen Card or unauthorized transactions by logging into the Website to deactivate the Card is the best way to minimize possible losses. Telephoning is the best way to keep your possible losses down.

 

13. YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS USING THE CARD, PIN, OR CARD ACCOUNT NUMBER

Contact us immediately if you believe that your Card has been lost, stolen or subject to unauthorized use, as provided in Section 11 above. Telephoning is the best way of keeping your possible losses down. You can lose all the money in your Deposit Account.

For Unauthorized ATM and PIN Transactions. If you believe your Card has been lost, stolen or subject to unauthorized use, and you tell us within two (2) business days after learning of the loss, theft, or possible unauthorized use, you can lose no more than $50 if someone used your Card and PIN without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can prove we could have stopped someone from using your Card if you had told us in time, you could lose as much as $500. If you are a California resident, you will not be liable for the $500 amount described in the prior sentence; however, if you fail to report an unauthorized use that appears on a periodic statement within 60 days of our transmittal or making available your periodic statement to you, then you may be liable for the amount of each unauthorized transfer that occurs after the close of the 60 days and before you provide notice to us, unless the delay in notifying us was due to extenuating circumstances beyond your reasonable control.

For Unauthorized Visa Transactions. If the unauthorized transaction was a Visa transaction, we agree to extend the benefits provided by the Visa Zero Liability program in effect at the time of the unauthorized use, as long as you notify us within a reasonable period of time after the loss or theft of your Card or any unauthorized use of it. We will determine, in our sole discretion, the reasonableness of any particular period of time based on the circumstances. If your own fraudulent action or gross negligence contributes to the unauthorized use of your Card for a Visa transaction, then your liability for that use will be determined as provided above in “For Unauthorized ATM and PIN transactions.” Gross negligence includes but is not limited to your failure to fulfill your obligations under this Agreement, such as your obligations to review your statements and to report any lost or stolen Card or unauthorized use. Also, if your periodic statement shows transfers that you did not make and you DO NOT tell us within sixty (60) days after the statement was mailed or made available to you, you may not get back any money you lost after the sixty (60) day period if we can prove that we could have stopped someone from using your Card or PIN if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of suspected loss, theft or unauthorized use of your Card, the time periods specified in this paragraph may be extended for a reasonable period.

 

14. OUR LIABILITY FOR FAILURE TO MAKE TRANSFERS

If we do not complete a transfer to or from your Deposit Account on time or in the correct amount according to our agreement with you, we will be liable for all your damages proximately caused by such failure. However, there are some exceptions where we will not be liable, including but not limited to the following:

  • If, through no fault of our own, you do not have enough funds in your Deposit Account to make the transfer.
  • If a merchant refuses to accept your Card.
  • If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction.
  • If access to your Account has been blocked after you reported your Account number lost or stolen.
  • If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use.
  • If we have reason to believe the requested transaction is unauthorized.
  • If circumstances beyond our control (such as fire, flood, or computer communication
  • failure) prevent the completion of the transaction, despite reasonable precautions that we have taken.
  • If the ATM terminal has insufficient cash to complete the transaction.

 

15. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS

Send us a support message via the Website including the mobile application, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically accessed your Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by emailing us at friends@dave.com , or by writing to us at Dave, Inc 1265 S Cochran Ave, Los Angeles, CA 90019. . You will need to tell us:

  • Your name, email, and Account number
  • Why you believe there is an error, and the dollar amount involved
  • Approximately when the error took place

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.

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

For errors involving new Accounts, POS transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documentation used in the investigation may be obtained by contacting us at the phone number or address shown at the beginning of this section. If you need more information about our error-resolution procedures, or visit the Website.

 

16. DISCLOSURE OF INFORMATION TO THIRD PARTIES

We may disclose information to third parties about your Deposit Account and the transfers you make as described in our Privacy Policy and in the Confidentiality Section of your Deposit Account Agreement, which we may change, amend, or modify from time to time. You were provided the Privacy Policy and Deposit Account Agreement when your Deposit Account was opened, and will be notified of any updates.

 

17. CHANGES TO AND TERMINATION OF THIS AGREEMENT

Except as required by applicable law, we may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on the Platform’s Website, and any such amendment shall be effective upon such posting to that Website. The current Agreement is available at Website. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes or otherwise the change is to your benefit, we may be able to implement such change without prior notice. We may cancel or suspend your Account or this Agreement at any time. You may cancel this Agreement by emailing friends@dave.com to close your Platform Account. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

By retaining or using the Card or by authorizing anyone else to use the Card after the effective date of any change to this Agreement, you agree to that change. The Card is our property, is nontransferable and must be surrendered to us upon demand.

 

18. CONDITIONS UNDER WHICH ATTORNEY’S FEES AND OTHER CHARGES MAY BE IMPOSED

To the extent permitted by applicable law, you shall be liable to us for all costs and damages resulting from any breach of this Agreement; provided, however, that your liability to us for unauthorized use of the Card shall be determined as provided in Section 12 above. If you fail to pay any amounts due under this Agreement and your debt is referred to an attorney(s), not one of our salaried employees for collection or other enforcement proceedings, whether by suit or otherwise, and the unpaid balance of the debt exceeds $300, you agree to pay all reasonable expenses permitted by applicable law, including but not limited to, court costs and attorney’s fees set by the court.

 

19. GOVERNING LAW; SEVERABILITY

This Agreement and any claim, dispute or controversy arising from or relating to this Agreement, the Card, or any amounts contracted for, charged or received under this Agreement, whether based on contract, tort, fraud and other intentional torts, statute, regulation, constitution, common law and/or equity, are governed by the laws of the State of Tennessee (without regard to internal principles of conflicts of law) and applicable federal law. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

 

20. INDEMNIFICATION

At our request, you agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

 

21. NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE

From time to time, services related to the Dave, Inc and the Deposit Account may be inoperative. When this happens, you may be unable to access the Website, and you may be unable to use the Card or obtain information about the Card. Please notify us if you have any problems using the Card or Website. You agree that except as required by applicable law, we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

 

22. LIMITATION OF LIABILITY

Except as required by applicable law, we shall have no liability to you if we are unable to complete a transaction for any reason beyond our control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards, your Deposit Account, and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Cards, your Accounts, any products or services purchased using Card, your Deposit Account, or this Agreement (as well as any related or prior agreement you may have had with us).

 

23. NOTIFICATION OF CHANGES

If your U.S. mail or postal address, or email address or telephone number changes, you must notify us immediately. Failure to do so may result in information regarding the Card or Account being delivered to the wrong person or your transactions being declined. In such event, except to the extent required by applicable law, we shall not be responsible for any resulting misuse of funds available in the Deposit Account. You must notify us immediately in the event of the insolvency, receivership, conservatorship, or bankruptcy.

 

24. DISPUTE RESOLUTION

Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) this Agreement; ii) the Account or Cards; iii) your acquisition of the Account or Cards; iv) your use of the Account or Cards; v) the amount of available funds in the Account; vi) advertisements, promotions or oral or written statements related to the Account or Cards, as well as goods or services purchased with the Account or Cards; vii) the benefits and services related to the Account or Cards; or viii) transactions made using the Account or Cards, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration shall occur in Shelby County, Tennessee.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity; or iv) closing of the Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, EMAIL US AT friends@dave.com TO CLOSE THE CARD ACCOUNT AND REQUEST A REFUND, IF APPLICABLE.

 

25. VIRTUAL CARD OPTION

If enabled by Platform, you may have the option of accessing your Deposit Account with, in addition to your physical card, a virtual card represented by a 16-digit account number (“Virtual Card”). The Virtual Card may either be single-use, meaning the 16-digit account number will expire after a single transaction, or recurring-use, meaning you may use your 16-digit account number for multiple transactions.

You may elect to add your Virtual Card to one or more digital wallets (“Digital Wallets”) supported by Bank and subject to the Bank's terms for adding your Virtual Card to a Digital Wallet.

The Digital Wallet provider may allow you to conduct transactions at a point of sale device and you may not be able to use your Virtual Card to perform transactions at such point of sale devices until you have selected a PIN pursuant to this Agreement.

You may use your Virtual Card to make purchases at any merchant that accepts Visa debit cards or debit cards of other networks in which the Bank participates, subject to the funds available in your Deposit Account, the transaction limits described above, and the other terms and conditions of this Agreement. You may not use your Virtual Card for making purchases at any vending machines, kiosks or gas station pumps. Each time you use your Virtual Card, you authorize us to reduce the value available in your Deposit Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the amount of available funds in your Deposit Account through an individual transaction or a series of transactions. If you do not have enough funds available in your Deposit Account, you can instruct the merchant to charge a part of the purchase to the Virtual Card and pay the remaining amount using another payment method. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Nevertheless, if a transaction exceeds the amount of available funds in your Deposit Account, you will be fully liable to us for the full amount of the transaction and any applicable fees. Except for Virtual Cards added to any Digital Wallet, in accordance with and subject to the Digital Wallet Terms, You will not receive a PIN with your Virtual Card or set a PIN for your Virtual Card. When making purchases with your Virtual Card at any POS device other than through a Digital Wallet provider, you may select “CREDIT” on the keypad to make a signature purchase. You may not use your Virtual Card for online gambling or illegal transactions. We may temporarily “freeze” your Deposit Account and attempt to contact you if we notice transactions that are unusual or appear suspicious.

You may not use your Virtual Card to obtain cash anywhere.

Electronic W-9 Certifications

I certify, under penalty of perjury that:

  1. The Taxpayer Identification Number or Social Security Number I provided is correct;
  2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
  3. I am a U.S. citizen or other U.S. person

The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding.

Remote Deposit Capture

Remote Deposit Capture. Via the Remote Deposit Capture Services we allow you to make deposits into your Account by using the mobile application to take a legible picture of the front and back of a negotiable check and transmitting such images. We will attempt to collect the item by presenting the image or converting the image into a digital representation of the original check ("Substitute Check"). Unlike traditional check deposits, you retain the original paper check when you use Remote Deposit Capture. We request you to retain the original check for at least thirty (30) days after you submit the check image to us.

Necessary endorsement. The checks to be deposited via Remote Deposit Capture shall be properly endorsed in the same manner in which it is made payable to you and with the restrictive endorsement "For mobile deposit only."

Cut-off Time. Your check image must be received by 4:00 pm PST to be considered deposited in such day. Any check image received by us after 4:00 pm PST will be considered as deposited in the following business day.

Availability. The amount shall be made available in your account no later than two (2) business days after the day you made the Remote Deposit. We may place a hold on your deposited check for a longer period of time if we have reasonable cause to doubt collectability of the check. In case you deposit remotely a check in an amount higher than $200 (two hundred dollars) we will make $200 available to you no later than one (1) business day after the day after the day you made the deposit and the excess amount in no later than two (2) business days.

Longer Delays. In other circumstances, a longer hold period may apply before funds deposited by check are available in your Account. For example, a longer delay may apply in the following cases: (i) we believe a deposited check will not be paid; (ii) you deposit one or more checks totaling \$5,000 or more in one day; (iii) you redeposit a check that has been previously returned unpaid; (iv) your Account had a negative balance anytime in the previous six (6) months; and (v) we experience an emergency, such as failure of communication or computer delays. We can delay the availability of your check if your deposit account was opened 30 days or less from the date you remotely deposited your check. In such cases, we will send you an electronic notice informing if your ability to withdraw funds is delayed for any reason and when your funds may be available. Generally, funds will be available no later than ten (10) business days after the deposit is accepted for processing.