Please read this Dave Flex Account Agreement and Disclosures (the “Agreement”) carefully and save it for your future reference. This Agreement contains the general terms, conditions, including the TILA Disclosures and other disclosures provided separately, related to your multiple advance, closed-end credit account (“Dave Flex Account”) with a card access device made available to eligible consumers by Coastal Community Bank, (“Coastal” or the “Bank”), member of the Federal Deposit Insurance Corporation, in partnership with Dave Operating LLC (“Dave”), the program partner and financial technology company responsible for managing the Dave Flex Account as the Bank’s service provider. Coastal may allow Dave and/or other third parties to exercise its rights on its behalf.  All consumer financial services described in this Agreement are provided by Coastal, and the Dave Flex MasterCard (“Card” or “Flex Card”) is issued by Coastal pursuant to license by MasterCard© International Incorporated.

IMPORTANT NOTE: PLEASE BE AWARE THAT SECTION VII OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COASTAL. AMONG OTHER THINGS, SECTION VII INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION VII ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION VII CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 60 DAYS IN ACCORDANCE WITH SECTION VII(B) BELOW: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

The words “we,” “us,” or “our” in this Agreement refer to the Bank, as well as any of its affiliates, successors, assignees, agents or service providers. The words “you” or “your” refers to you, the Dave Flex Account cardholder, as well as your authorized personal representatives, duly-appointed executors, administrators, and/or successors or beneficiaries.

By accepting a Flex Card, activating or using the Account, or allowing someone else to do so, you agree to and accept the terms of this Agreement, as such terms may be changed from time to time by us. You may use your Account only for personal, family, or household purposes, and not for any business, commercial or investment purpose. You should sign the back of your Flex Card before using it. You promise to pay us the amount of all transactions, interest, fees, if any, and other amounts charged to your Account.

I. Defined Terms

The terms used throughout this Agreement have the following meanings: 

II. Dave Flex Account Basics

A. What is a Dave Flex Account?

• The Dave Flex Account allows you to obtain multiple closed-end Loans accessed by a Card issued by the Bank, with a monthly Participation Fee.  
• When you open a Dave Flex Account, we will make an initial Loan to you comprised of one or more Purchases that you make during your "Purchase Period."  
• While you can make multiple Purchases during the Purchase Period, the total amount of Purchases can never exceed your Spending Limit for the Purchase Period, even if you pay down the outstanding balance of your Loan during the Purchase Period.
• At the end of the Purchase Period, we will charge the Installment Fee on the outstanding balance of your Loan (i.e. Ending Balance), add the Installment Fee to the Ending Balance and divide the total into four substantially equal Installments.
• Installment Payments are due every two weeks with the first Installment Payment due three days after the end of the Purchase Period.  
• At the end of the Purchase Period, you will automatically reapply for a new Loan, at which time we will reevaluate your creditworthiness.
• At the beginning of a purchase period, we will inform you of your Spending Limit for the Purchase Period of the new Loan. 
• If you do not make any Purchases during a given Purchase Period, we will not issue a Loan.

B. Dave Flex Account Eligibility

The Dave Flex Account is available to United States citizens or lawful permanent residents of eligible states, as identified at dave.com/dave-flex-account-agreement, who are at least 18 years of age, have a U.S. physical address or with military addresses (APO or FPO), are not covered borrowers under the Military Lending Act, and have a valid Social Security Number or Tax Identification Number. The Dave Flex Account is only available to individuals for personal, family or household purposes.

You agree to go paperless. This means that you must (1) provide us with a valid email address and (2) agree to accept electronic delivery of all communications that we send you in connection with your Dave Flex Account. You understand and agree that if you seek to withdraw or withdraw consent to receipt of electronic communications relating to the Dave Flex Account, we may close your Dave Flex Account and you will not be able to obtain any additional Loans. Please refer to the E-Sign consent in the Mobile App settings for additional details.

We may decline to open a Dave Flex Account to you, issue a Flex Card to you, make a Loan to you or authorize a Purchase for any reason, or for no reason, in accordance with applicable law; this includes if you have had or currently have any other relationships or accounts with either us or Dave that you did not maintain in a satisfactory manner. We are not liable for any damages or liabilities resulting from the refusal of a Dave Flex Account relationship.

C. Titling and Ownership of the Dave Flex Account

The Dave Flex Account is only available to individual borrowers and does not permit joint accountholders, authorized users, cosigners or guarantors.

D. Important Information About Procedures for Opening a New Dave Flex 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 identifying each person who opens a Dave Flex Account. This means that when you open a Dave Flex Account, we will ask for your name, street address, Social Security Number or Tax Identification Number, date of birth and other information that will allow us to identify you. We may also ask for identifying documents, such as a driver’s license.

E. Confidentiality and Our Privacy Policy

Your privacy is very important to us. Please refer to the Bank’s Privacy Policy athttps://assets.ctfassets.net/rkv150f3eozw/7J5MEwok37cOYnPX3eT4M6/0c1098d6dd5b0d6c30d00e98b47b78da/U.S._Consumer_Privacy_Notice.pdf for  information about our commitment to you, your privacy rights and who we share data and information with.

F. Cell Phone Communications

By providing us with the number for your cellular phone or other wireless device, you are expressly consenting to receiving non-marketing communications at that number—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an auto-dialer—from us and our affiliates and agents. This consent applies to all telephone numbers you provide to us now or in the future as defined in Dave’s Terms of Use. Your telephone or mobile service provider may charge you for these calls or messages. You also agree that we may record or monitor any communications with us for quality control and training purposes. See Dave’s Terms of Use and our Privacy Policies for details.

G. Our Business Days

Our business days are Monday through Friday, excluding holidays observed by the Federal Reserve Board.

H. How to Contact Us

You may contact Dave, on our behalf, with any questions or concerns regarding your Dave Flex Account. The best way to contact Dave is through the Mobile App’s chat feature. Dave member service representatives are available by chat Sunday-Saturday from 4:00 AM to 6:00 PM Pacific Time. You may also call Dave at 1-844-857-3283; live agent support is available Monday–Friday 5 AM to 9 PM Pacific Standard Time and Saturday–Sunday 5 AM to 5 PM Pacific Standard Time. You can also contact Dave by email at support@dave.com.

You may also call 1-844-857-3283 or write us at Coastal ℅ Dave 1265 S Cochran Ave Los Angeles, CA 90019 to (1) report that your Dave Card has been lost or stolen, (2) report unauthorized activity on your Dave Flex Account, or (3) notify us of an error involving a transaction on your Dave Flex Account.

III. Your Dave Flex Account Responsibilities

We strive to keep your Dave Flex Account secure and provide you with tools and services to help you manage your Dave Flex Account and Flex Card. However, there are certain things you should do to protect them.

A. Notify Us if Your Information Changes

You must notify us immediately if there is a change to your name, telephone number, mailing address, email address or any other information you have provided us, including information in your Application, so that we can continue to provide you with new Loans, Purchases, Statements and important notices concerning your Dave Flex Account.

B. Protect Your Dave Flex Account and Dave Card Information

It is very important that you protect your Dave Flex Account and Flex Card information to prevent unauthorized transactions and fraud. Keep your Dave Flex Account number, statements, and Flex Card secure at all times, and be careful about who you share this information with. Make sure to also keep your mobile device secure at all times and avoid accessing the Mobile App when others can see your screen. Never share your login credentials or passwords with anyone under any circumstances. 

If your Dave Flex Account number, Dave Card, mobile device or Mobile App login credentials are lost or stolen, notify us immediately to limit your liability for unauthorized transactions that may occur. Please refer to the section titled Your Liability for Unauthorized Use for information and applicable deadlines for notifying us of losses or theft.

C. Do Not Engage in Prohibited Activity or Card Use

In addition to prohibited uses outlined in this Agreement and any other agreement you have with us, you agree that you are prohibited from engaging in conduct that reflects behavior that we deem, in our sole discretion, to be foul language, abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases. This is not an exhaustive list and we reserve the right to close your account if we, in our sole discretion, determine you violated any term or spirit of the Agreement.

IV. General Rules Governing Your Dave Flex Account

A. Promise to Pay;  Acceptance and Use of this Account

You promise to pay us the principal amount of each Loan we make to you.  You also promise to pay any other fees or charges you incur under this Agreement, including any applicable Installment Fees or Monthly Participation Fees.  You agree to make Installment Payments on the due dates and in the amounts found on the Statement associated with any given Loan(s).  You agree to pay the outstanding balance of your Loan(s) regardless of whether we approve any additional Loans or Purchases.  

You may make Purchase transactions up to your remaining Spending Power during any given Purchase Period either by presenting your Card to a merchant, or by using your Card or Account number over the telephone, internet or some other electronic method to complete such transactions.

You may not use your Account for balance transfers, to obtain cash advances, or for "quasi-cash" transactions, which include, but are not limited to, purchases of wire transfers, money orders, traveler's checks, foreign currency, lottery tickets, off-track bets and casino gambling chips. If you are somehow able to use your Account for a transaction of this type, you agree to repay any amount(s) for such transactions upon demand.

We may decline to authorize a transaction for any reason. This may occur even if the transaction would not cause you to exceed your Spending Power or Spending Limit. We will not be liable to you if we decline to authorize a transaction or if anyone refuses to process a transaction with your Account.

B. Fees and Charges

You agree to pay the following fees and charges as described below.

Installment Fee

Under this Agreement, there is no periodic interest charged on any Loan. We instead charge an Installment Fee equal as stated in the Truth in Lending Disclosure based on the Ending Balance at the end of the Purchase Period of any given Loan.  To get the Ending Balance of a Loan, we take the principal amount of any Purchases you obtained during the Purchase Period and subtract any credits or other adjustments to the transactions made during the current Purchase Period.  We do not include any fees or charges in your Ending Balance. No Installment Fee is assessed if the total Ending Balance on your account is zero.

Monthly Participation Fee

We will charge a Monthly Participation Fee as stated in the Truth in Lending Disclosure starting on the date you open your Account and on the same day each month thereafter until you or we close your Account.  The Monthly Participation Fee will be due in full on the same day as the first installment payment of the Loan associated with the Purchase Period in which Monthly Participation Fee was incurred and as set forth on the applicable Statement.  

C. Applications and Approval of Loans and Purchases

You understand and agree that you will automatically apply for a new Loan at the end of each Purchase Period.  If any information from a previous Application changes, you understand and agree that you must provide us with updated information.

Subject to applicable law, we reserve the right to decline any Application for a new Loan or to decline a Purchase in our sole discretion including any of the following reasons:   

• You suffer a material decline in your ability to pay.
• Your credit profile declines.
• You file for bankruptcy or otherwise become insolvent.
• We determine that your Application contained one or more false statements, you failed to update your Application or your Application was otherwise fraudulent.
• You fail to remain in good standing under this Agreement or other accounts with or through Dave or we otherwise declare a default.  

We may check your credit report, obtain additional information about you, and verify any information you submitted by requiring you to produce appropriate documentation or other proof before we approve a new Loan or a Purchase.    

We reserve the right to use a third party to verify information you provide. You authorize us to request and obtain consumer reports and data from a third party before any new Loan or any Purchase for such verification or to evaluate your Application for a new Loan or a Purchase.  

We may require you to provide financial, credit, and other information necessary to review your eligibility before a new Loan or a Purchase.  You agree we may rely on the accuracy, authenticity, and completeness of all information you provide to us.  

D. Loan Installment Payments 

If you have an outstanding balance on any given Loan at the end of its Purchase Period, we will calculate your Installment Payments as follows:   

• First we calculate the Installment Fee as described above;
• Then we add the Installment Fee to the Ending Balance;
• Then we divide that number by 4, with any additional amounts that are not evenly divisible included in the last payment.

This gives us the amount of each Installment Payment for that Loan.  Installment Payments are due every two weeks starting three days after the end of the Purchase Period.  For example, if you have $400 in new Purchases during the Purchase Period of a Loan and no payments were allocated to that Loan during the Purchase Period, you would have an Ending Balance of $400. Your Installment Fee would be $12 and you would have four Installment Payments of $103. The first Installment Payment of $103 would be due three days following the date the Purchase Period for that Loan ends.  If you incurred a Monthly Participation Fee during the Purchase Period, it would be due in full with the first Installment Payment for a total of $115.  

The exact amounts and due dates of Installment Payments, along with those for any applicable Monthly Participation Fee, will be set forth on the Statement associated with the applicable Loan.  

E. Spending Limit and Spending Power

You agree to not exceed your Spending Limit for any given Loan, and that we are not obligated to extend credit to you for an amount that would cause your outstanding balance to exceed your Spending Limit for that Loan, or for any amount if your outstanding balance is already over the Spending Limit.  If you make a transaction that would cause you to exceed your Spending Limit for the Loan, we may (a) allow the transaction without increasing your Spending Limit; (b) allow the transaction without increasing your Spending Limit and treat that amount as immediately due; or (c) refuse the transaction. If we permit a transaction that causes your Account to go over-limit, it does not increase your Spending Limit and does not mean that we will do so again in the future. You will pay any amount(s) which exceeds your Spending Limit, upon demand. You will not be charged a fee if we permit a transaction that causes your Account to exceed your Spending Limit.

Your Spending Power is an estimate of the amount you will be able to spend with your Card during the Purchase Period of a Loan. We arrive at the Spending Power by subtracting your outstanding balance from your assigned Spending Limit. 

For example, if you have a Spending Limit of $800 and an outstanding balance of $200, your Spending Power would be $600 for the remainder of the Purchase Period for that Loan. 

F. Making Payments and Allocation of Payments

You agree to make your payments only in U.S. dollars by a means that we make available to you. Payments will not create additional Spending Power. 

Payments received in the manner specified on your Statement, only via electronic means such as electronic debit or prepaid card, in proper form by 11:59 PST on a business day will be credited to your Account as of that day. Payments received in proper form after that time will be credited to your Account as of the next business day. We may, in our discretion, accept payments not received in proper form, but crediting of such payments may be delayed up to five days following receipt.  

We may accept late payments, partial payments, disputed payments or payments marked with restrictive writing, such as "Paid in Full" or similar language, without losing any of our rights under the Agreement.

You may not use a post-dated check as a payment, and we may return or deposit any such check without waiting for the date found on the check. We are not liable to you for any expense or loss you incur arising from the actions we may take with respect to a post-dated check.

If you make a payment in excess of the total amount of all currently due Installment Payment, we will allocate the excess amount to outstanding Installments starting with the oldest, except as whether otherwise provided by applicable law. Payments applied to transactions in the current Purchase Period may reduce the Installment Fee of the associated Loan.

If you return a purchase or receive a merchant credit for any other reason, the credit will be applied first to the current purchase period. If the credit exceeds the balance in the current purchase period, the excess amount will be applied as a payment. As a result, credits will not generally reduce previously assessed Installment Fees on that amount.  

G. Events of Default and Account Suspension

We may declare you to be in default under this Agreement, to the extent permitted by law, if any of the following events occur: (a) you fail to pay your Installment Payment on time; (b) you die or become insolvent; (c) any proceeding is filed or started by or against you under the federal Bankruptcy Code or any state insolvency statute; (d) an order of attachment, levy or garnishment is issued against you or any of your property assets or income; (e) we believe in good faith that you are unlikely to pay or perform your obligations under this Agreement; or (f) you make a fraudulent, false or misleading statement on any Application or otherwise in connection with any other obligation or agreement you have with us. 

We may also suspend or close your Dave Flex Account at our discretion for any reason or no reason at all with or without notice in accordance with applicable law. This includes if we believe you are using your Dave Flex Account or Dave Card for fraudulent or illegal purposes or in violation of law or regulation, this Agreement, any other agreement you may have with us, or if you otherwise present an undue risk to us. We are not responsible to you for any damages you may suffer as a result of the closure or suspension of your Dave Flex Account.

Residents of Idaho, Iowa, Kansas, Maine, South Carolina and Wisconsin should see important terms regarding events of default below under "Additional Disclosures."

If you are in default, we may, without limiting any of our rights or remedies, take one or more of the following actions subject to any right to notice and cure you may have: (a) make all or any part of your outstanding balance on your Account immediately due and payable; (b) terminate or suspend your Account and/or your ability to make additional transactions using the Account; (c) reduce your Spending Limit; (d) begin collection activities for amounts owed in connection with this Agreement; and (e) subject to applicable provisions of law, charge you all reasonable collection expenses incurred by us in the collection of amounts you owe under this Agreement, including attorney fees, court costs, and fees from collection agency, if applicable.

H. Statements

You will receive access to an electronic Statement bi-weekly as long as you have transactions on your Dave Flex Account during the Statement period. You will not receive paper statements, unless you withdraw your ESIGN consent and have an outstanding balance on your Account.

I. Closing Your Dave Flex Account 

You can close your Dave Flex Account at any time and for any reason by submitting a request through the Mobile App or by contacting Dave by email at support@dave.com. It is important to understand that simply reducing your balance to zero ($0) is not sufficient to close your Dave Flex Account. 

We may also suspend or close your Dave Flex Account at our discretion for any reason or no reason at all with or without notice in accordance with applicable law. This includes if we believe you are using your Dave Flex Account or Dave Card for fraudulent or illegal purposes or in violation of law or regulation or if you withdraw your ESIGN consent, this Agreement, any other agreement you may have with us, or if you otherwise present an undue risk to us. We are not responsible to you for any damages you may suffer as a result of the closure or suspension of your Dave Flex Account.

Subject to applicable law, if your Dave Flex Account is closed, we will return any credit balance to you. We reserve the right to delay or limit funds reimbursement while we screen for risks, or we may request additional information to verify your identity. We may also defer or redirect payout or restrict access to your funds as necessary with applicable law, subpoena or court order, or if requested by any governmental agency. We reserve the right not to return funds to you if your account balance is one dollar ($1) or less. The closure of your Dave Flex Account or termination of this Agreement does not impact any right or obligation that arose prior to closure or termination, or any right or obligation that, by its nature, should survive termination (including, but not limited to, any indemnification obligation by you, our limitations of liability, and any terms governing arbitration).

J. Your Liability for Unauthorized Use

If you notice the loss or theft of your credit card or a possible unauthorized use of your card, you should contact us immediately at: by email at support@dave.com; by phone at (844) 857-3283, or by regular mail at Dave Operating LLC, 1265 S Cochran Ave, Los Angeles, CA 90019.

You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50 or any lesser amount under agreement with the cardholder.

V. Billing Rights Summary

A. Your Billing Rights: KEEP THIS DOCUMENT FOR FUTURE USE

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

B. What To Do If You Find A Mistake on Your Statement

If you think there is an error on your statement, contact us at: by email at support@dave.com; by phone at (844) 857-3283, or by regular mail at Dave Operating LLC, 1265 S Cochran Ave, Los Angeles, CA 90019. 

In your letter, give us the following information:

• Account information:  Your name and Account number.
• Dollar amount:  The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.

You must contact us:

• Within 60 days after the error appeared on your Statement.
• At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.

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

C. What Will Happen After We Receive Your Letter

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

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

While we investigate whether or not there has been an error:

• We cannot try to collect the amount in question, or report you as delinquent on that amount.
• The charge in question may remain on your statement, and we may assess an Installment Fee on the amount.
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your Spending Limit.

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

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

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

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

D. Your Rights If You Are Dissatisfied With Your Card Purchases:

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

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

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

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us at: by email at support@dave.com; by phone at (844) 857-3283, or by regular mail at Dave Operating LLC, 1265 S Cochran Ave, Los Angeles, CA 90019.

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

VI. Other Legal Terms and Conditions

A. No Assignments

Your Dave Flex Account and your obligations under this Agreement are not transferable and not assignable as collateral for a loan or for any other purpose. We may transfer Loans or our rights under this Agreement.

B. Changes in Terms and Additional Services

We may change this Agreement, except the Arbitration Agreement at Section VII, which may only be modified pursuant to Section VII(L), at any time. We will give you advance notice of any change where required by law. Any notice will be sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service. We may change or terminate this Agreement without notice at our discretion or to comply with any appropriate federal or state law or regulation. This Section VI(B) does not apply to the Arbitration Section VII.

C. No Waiver of Rights

We may waive, delay or decline to enforce any of our rights under this Agreement without obligating ourselves to waive such rights in the future or on any other occasion. We may release any other person obligated under this Agreement without affecting your responsibilities under this Agreement.

D. Severability

In the event that any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. To the extent permitted by law, the parties waive any provision of law which prohibits or renders unenforceable any provisions of this Agreement, and to the extent that such waiver is not permitted by law, you and us agree that such provision will be interpreted as modified to the minimum extent necessary to render the provisions enforceable.

E. Governing Law, Forum and Time Limits

The Dave Flex Account is opened at the Washington branch office of the Bank and each Loan extended by the Bank is made at the Washington branch office of the Bank. Accordingly, all actions relating to your Dave Flex Account and this Agreement will be governed by the laws and regulations of the United States and the State of Washington where your Dave Flex Account is opened, irrespective of conflict of law principles. 

F. Survival

Termination of this Agreement shall not impact any right or obligation arising prior to termination, and in any event, the parties agree that any right or obligation which, by its nature, should survive termination of this Agreement will survive any such termination.

G. Conflicts and Headings

If there is a conflict between this Agreement and any other document or statement made to you concerning the Dave Flex Account or Dave Card, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Dave Flex Account or Dave Card, the separate terms and conditions applicable to that service or product will govern. Section headings that appear in this Agreement are for convenience purposes only and are intended to help you find information. They should not be construed as affecting the meaning of the Agreement.

VII. Arbitration Agreement

THIS ARBITRATION  AGREEMENT SECTION (“ARBITRATION AGREEMENT”) IMPACTS HOW LEGAL DISPUTES BETWEEN YOU AND US ARE RESOLVED. PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. 

If a dispute (defined in Section VII(A) below) is subject to arbitration under this Arbitration Agreement, neither you nor we will have the right to: (1) have a court or a jury decide the dispute; (2) engage in information-gathering (discovery) to the same extent as we would in court; or (3) participate in a class action in court, any other representative proceeding, or class-wide arbitration. Arbitration procedures are simpler and designed to be more efficient than those applicable in court.

A.  Applicability of Arbitration Agreement

If there is a Dispute (defined below) that arises between you and us or you and Dave, and we are not able to resolve the Dispute informally subject to the Informal Dispute Resolution process described in Section VII(C) below, you and we agree that, upon demand by either you or us, the Dispute will be resolved through binding arbitration as set forth in this Section VII, unless you opt out of arbitration as provided below, except that:  you and us may each assert claims or seek relief in small claims court if such claims qualify and remain in small claims court. A “Dispute”, as used in this Arbitration Agreement, is any disagreement, controversy, or claim between you and us and/or you and Dave, arising from or relating in any way to the Account, the Card, any Loan you receive under this Agreement, your access to or use of the Account and/or Card, or this Agreement and any prior versions of this Agreement (each, a “Dispute”). The term “Dispute” is to be given the broadest possible meaning permitted by law and includes, by way of example and without limitation, any disagreement relating in any way to your Account, a Loan or the Card, including any updated or substituted account(s) or Card(s) or joint accountholders or cardholders on your Account or Card; services offered in connection with your Account, Card, or otherwise pursuant to this Agreement; your use of any of our banking products or services related to your Account or Card or this Agreement; any means you may use to access your Accounts(s); any advertisements, promotions, or oral or written statements related to the Account or Card; the benefits and services related to the Account or Card; or your approval for, establishment of, or enrollment in an Account or Card. Disputes also include any disagreements about the meaning, application, or enforceability of this Arbitration Agreement.  Disputes will include disputes regarding known or unknown claims that were not noticed prior to you first becoming subject to this Agreement, but that involve facts occurring before the existence of this or any prior versions of this Agreement, as well as claims that may arise after the termination of this Agreement. As solely used in this Arbitration Agreement, “we” or “us” shall include Coastal, its affiliates, and their successors, employees, directors, officers, and agents. In addition, “we” or “us” shall include Dave, any third party, their respective subsidiaries, affiliates, licensees, predecessors, successors, and assigns using or providing any product, service or benefit in connection with this Agreement or any Account or Card if, and only if, such third party is named as a co-party with us (or files a claim with or against us) in connection with a Dispute asserted by you. The terms “you” or “yours” shall mean each Account owner or cardholder and all persons or entities approved to have, approved to use, and/or given access to an Account or Card, including but not limited to all persons or entities contractually obligated under this Agreement and all joint accountholder(s) and any additional cardholders. The term "Account" for purposes of arbitration includes any updated or substituted account for you related to the Account or any other account contemplated by this Agreement.

B. 60-Day Right to Opt-Out of Arbitration Agreement 

You have the right to opt out of this Arbitration Agreement by sending a written notice of your decision to opt out to support@dave.com (“Opt-Out Notice”), within sixty (60) days after first becoming subject to this Arbitration Agreement. Your Opt-Out Notice must clearly state that you want to opt out of this Arbitration Agreement, identifying the Arbitration Agreement by date; provide your name and address, and the email address and the phone number you used to set up your Account; and be electronically signed by you. No other methods can be used to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or our rights. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.

C.  Informal Dispute Resolution

If a Dispute arises between you and us, Coastal is committed to working with you to reach a prompt, low‐cost, and mutually beneficial resolution. You and we agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Coastal agree that, as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Coastal should be sent by email to support@dave.com. The Notice must include: (1) your name, telephone number, postal address, and email address associated with your account (if you have one); (2) the name, telephone number, postal address and email address of your counsel, if any; and (3) a description of the Dispute. Coastal will send Notice, including a description of the Dispute, to your email address or postal address on file.  It is your responsibility to ensure your email and postal address are correct and remain up to date.

The Informal Dispute Resolution process lasts forty-five (45) days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Informal Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. 

The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

D.  Waiver of Jury Trial

YOU AND COASTAL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. 

You and Coastal are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section VII(A) entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

E. Waiver of Class and Other Non-Individualized Relief

EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. 

Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim.  Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section VII(J) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Coastal agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts where there is jurisdiction over the parties, and all other claims and requested relief will be decided in arbitration under this Arbitration Agreement. In such a case, the parties will request that the court stay the severed claim(s) or request(s) for relief until the arbitration is concluded. In no event will a request for public injunctive relief be arbitrated, and in no event does this Section authorize class arbitration. All other Disputes shall be arbitrated or litigated in small claims court. This Section does not prevent you or Coastal from participating in a class-wide or mass settlement of claims.

F. Arbitration Procedures, Rules, and Forum

The Agreement evidences a transaction involving interstate commerce, and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, you and Coastal agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitrator shall apply substantive law consistent with the Federal Arbitration Act and as specified in this Agreement.

The arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, postal address, and email address of the party to this Agreement seeking arbitration, as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party or its counsel will pay any necessary filing fees in connection with such arbitration, which in the case of a consumer will be no more than $215.00, or as currently set by the applicable NAM fee schedules (the “Fee Schedules”). Any Demand you send to Coastal should be sent by email to support@dave.com. Coastal will provide the Demand to your email address on file. 

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, postal address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).  

If you file separate Demands against Coastal and Dave that involve the same or substantially similar claims and are of a substantially similar nature, you agree that those Demands will be consolidated into a single arbitration proceeding, with a single set of filing and administrative fees.

Unless you and Coastal otherwise agree, or the Batch Arbitration process discussed in Section VII(J) below is triggered, you and we agree that the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the NAM Fee Schedules.  

You and Coastal agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. 

You and Coastal agree that at least fourteen (14) days before the date set for any arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

G. Arbitrator

The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under Section V(J) below is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch. If any claimant objects to the arbitrator NAM appoints for their batch, they may raise this objection with NAM.

H. Authority of Arbitrator

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the Section entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the Section entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such Section entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Unsatisfied judgments on the arbitration award may be entered in any court having jurisdiction.

I. Attorneys’ Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.

J. Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and Coastal agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Coastal by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each individual Demand within each batch on a consolidated basis, with one set of filing and administrative fees due per batch, one procedural calendar per batch, and one hearing (if any) per batch in a place to be determined by the arbitrator, (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Coastal.

You and Coastal agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

K. Continuation and Severability of this Arbitration Agreement

This Arbitration Agreement shall survive termination of your Dave Flex, any voluntary payment of any debt owed to us and paid in full by you, any legal proceeding by us to collect a debt owed by you, and/or any bankruptcy by you or us. Except as provided in Section VII(E) entitled “Waiver of Class or Other Non-Individualized Relief,” if any portion or portions of this Arbitration Agreement (other than Section VII(J)) are found under the law to be invalid or unenforceable, then such specific portion or portions shall be of no force and effect and shall be severed, and the remaining portions of this Arbitration Agreement, shall continue in full force and effect.  However, if Section VII(J) of this Arbitration Agreement, entitled “Batch Arbitration,” or the entirety of Section VII(E) of this Arbitration Agreement, entitled “Waiver of Class or Other Non-Individualized Relief,” is found under the law to be invalid or unenforceable then, in either case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Snohomish County, Washington. You further agree that, except where prohibited by law, any Dispute between you and Coastal as detailed in this Arbitration Agreement must be initiated within two (2) years after the cause of action accrues under federal or Washington law or, if another agreement you have with us provides for a shorter period of time, then within that shorter period of time, which shall govern; otherwise, such cause of action will be forever time barred.

L. Modification

You and we agree that Coastal retains the right to modify this Arbitration Agreement in the future.  Any such changes will be posted on Dave’s website, Dave.com, and you should check for updates regularly.  Notwithstanding any provision in this Agreement to the contrary, we agree that if Coastal makes any future material change to this Arbitration Agreement, it will notify you.   Your continued use of your Account constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Coastal will continue to honor any valid opt outs of previous agreements to arbitrate that you made in connection with a prior version of this Agreement.

VIII. Additional State Disclosures

ALL BORROWERS INCLUDING MISSOURI, NEBRASKA, AND TEXAS RESIDENTS ONLY: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR FORBEAR FROM ENFORCING REPAYMENT OF DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. TO PROTECT YOU AND US FROM ANY MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT.

CALIFORNIA RESIDENTS: If you are married, you may apply for a separate account in your own name.

ALL BORROWERS INCLUDING CALIFORNIA AND UTAH RESIDENTS: You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

ALL BORROWERS INCLUDING IOWA, MISSOURI, NEBRASKA AND TEXAS RESIDENTS: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR FORBEAR FROM ENFORCING REPAYMENT OF DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. TO PROTECT YOU AND US FROM ANY MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT.

ALL BORROWERS INCLUDING NEW YORK, RHODE ISLAND AND VERMONT RESIDENTS: You understand and agree that we may obtain a consumer credit report in connection with any updates, renewals or extensions of any credit as a result of your Application and card membership. If you ask, you will be informed whether or not such a report was obtained and, if so, the name and address of the agency that furnished the report. You also understand and agree that we may obtain a consumer credit report in connection with the review or collection of any extension of credit made to you or for other legitimate purposes related to such extension of credit.

OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.

MARRIED WISCONSIN RESIDENTS ONLY: You confirm and understand that (i) that this Account is being incurred in the interest of your marriage or family; (ii) no provision of any marital property agreement, unilateral statement, or court decree under the Wisconsin Marital Property Act will adversely affect a creditor's interest unless, before the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree; (iii) we will provide a copy of this Agreement to your spouse for his or her information. If the Account for which you are applying is granted, you will notify us if you have a spouse by sending your name and your spouse's name and address to us at: support@dave.com.

IDAHO, IOWA, KANSAS, MAINE AND SOUTH CAROLINA RESIDENTS ONLY: We may declare you to be in default if you fail to make a payment in full within ten days after its Payment Due Date or if the prospect of your payment or performance is significantly impaired (for Iowa residents, if, following an event of default, the prospect of your payment is materially impaired). We have the burden of establishing the impairment of such prospect of payment or performance.

WISCONSIN RESIDENTS ONLY: We may declare you to be in default if (a) you permit to be outstanding an amount exceeding one full payment which has remained unpaid for more than 10 days after its scheduled due date or deferred due date, or if you fail to pay the first payment or last payment within 40 days of its scheduled due date or deferred due date or (b) you fail to observe any other provision of this Agreement, the breach of which materially impairs your ability to pay the amounts due under the Agreement.