Terms & Conditions Privacy Policy Checking Policies

Please carefully review these terms and conditions of use before using this site or accessing any data thereon. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms without limitation or exclusions, you should exit this site immediately.

The following are terms of a legal agreement (the "Agreement") between you, individually and/or as an agent on behalf of an entity or another registered user ("you") and Dave, Inc ("Dave") that sets forth the terms and conditions for your use of this web site or mobile applications (the “Site”). The Site is owned and operated by Dave. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Dave.

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

LIMITATIONS OF USE

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

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

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

Users of the Site must be U.S. Residents that are 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this Site.

TRADEMARKS

Dave (including the Dave logo), dave.com, and all related logos (collectively the “Dave trademarks”) are trademarks or service marks of Dave. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Dave or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Dave trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. Dave prohibits use of any of the Dave trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Dave Trademarks, or whether any mark or logo is a Dave Trademark, should be referred to Dave.

LINKS TO THIRD-PARTY SITES

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

CONSENT TO DOING BUSINESS ELECTRONICALLY

By choosing to use the Site from time to time you will receive disclosures, notices, documents and information (“Communications”) from Dave, Inc or our respective agents (collectively, “we” or “us”). We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

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

Scope of Consent: You are agreeing and consenting to our providing you all Communications in electronic form, meaning email, phone call or SMS. This means that we will not provide paper Communications to you unless and until you withdraw your consent as provided below.

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

Withdrawing Consent: You may withdraw your consent to receive Communications electronically by contacting us at friends@dave.com or writing us at Dave, Inc 1265 S Cochran Ave, Los Angeles, CA 90019. If you withdraw your consent, we reserve the right to limit or close your account. The withdrawal of your consent will not affect the legal validity and enforceability of any pending loans obtained through Dave. You agree to pay any amount owed to Dave even if you withdraw Your consent and we close or limit access to your account.

Updating Records: Please keep us informed of any changes in your email, phone number and mailing address so that you continue to receive all Communications without interruption. To change this information, use the mobile app available through Google Play or the Apple Store. Or email us at friends@dave.com or write us at Dave, Inc 1265 S Cochran Ave, Los Angeles, CA 90019.

DISCLAIMER OF WARRANTIES

None of Dave, its parent, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “Dave Parties”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the Dave Parties disclaim liability for errors or omissions in the Content. This Site and all of the Content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. The Dave Parties do not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement. The Dave Parties may discontinue or make changes in the Content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and the Dave Parties do not undertake any obligation or responsibility to update or amend any such information. The Dave Parties reserve the right to terminate any or all Site offerings or transmissions without prior notice to you. This Site could contain technical inaccuracies or typographical errors. Use of this Site is at your own risk.

LIMITATION OF LIABILITY

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

INDEMNIFICATION

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

MONITORING OF THE SITE

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

SUBMISSIONS TO THE SITE

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

USE OF PERSONALLY IDENTIFIABLE INFORMATION

Dave’s practices and policies with respect to the collection and use of personally identifiable information are governed by Dave’s Privacy Policy.

AVAILABILITY

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

TERMINATION

This Agreement is effective until terminated by Dave. Dave may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Dave’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

WAIVER

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

APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California, without regard to its conflict of laws rules. You agree that you will notify Dave in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Dave a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Dave.

OTHER AGREEMENTS

This Agreement shall be subject to any other agreements you have entered into with Dave.

ADDITIONAL TERMS

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

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

SEVERABILITY

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

GENERAL PROVISIONS

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

COPYRIGHT COMPLAINTS

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Dave’s designated agent. Notification should include: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Site; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. You may contact Dave’s agent for notification of claimed copyright infringement by e-mail at legal@dave.com or by regular mail at Dave, Inc 1265 S Cochran Ave, Los Angeles, CA 90019, Attention: Legal.

ELECTRONIC FUND TRANSFERS ("EFTs") and ACCOUNT BALANCES

By creating an account with Dave and initiating bank deposits or withdraws (i.e. EFTs), you agree to the terms of service and privacy policy of our financial software provider, SynapsePay, and SynapsePay financial institution partner’s Terms of Service & Privacy Policy (https://synapsepay.com/legal) (“SynapsePay TOS”) which are incorporated herein by reference. Terms not defined in this section shall be defined in SynapsePay TOS.

We have partnered with SynapsePay, a financial services software company. When you sign up for an account with Dave, you will also be prompted to sign up for a SynapsePay User Account (as define in SynapsePay TOS). You authorize us to share your identity and banking information with SynapsePay to open and support your User Account as further details in our Privacy Policy (hyperlink) and SynapsePay’s Privacy Policy. It is your responsibility to make sure the data you provide us is accurate and complete. Additionally, you are responsible for complying with SynapsePay TOS when using your User Account. It Is Your Responsibility To Read and understand SynapsePay Tos As It Contains terms and conditions relating to your SynapsePay user account including but not limited to Your Rights, Limitations, reversal and other Liabilities, Limitation Of Liability And binding Arbitrations Provisions.

When you open a SynapsePay User Account, you will link a checking or savings account to perform EFT and, if applicable, deposit funds into your SynapsePay User Account. Deposits into your User Account are held by SynapsePay's financial institution partners as detailed in SynapsePay TOS. DEPOSITS HELD IN A USER ACCOUNT MAY BE ELIGIBLE INSURANCE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) ON A PER USER BASIS DEPENDING ON THE RULES AND LIMITATIONS SET FORTH BY THE FDIC. FOR PURPOSES OF APPLICABLE FDIC DEPOSIT INSURANCE LIMITATIONS, DEPOSITS IN ACCOUNTS AT THE FINANCIAL INSTITUTIONAL PARTNER(S) OPENED THROUGH THE FINANCIAL INSTITUTIONAL PARTNER(S) WITH SYNAPSEPAY MAY NOT BE SEPARATELY INSURED FROM ANY OTHER ACCOUNTS YOU MAY HAVE OPENED WITH THE FINANCIAL INSTITUTIONAL PARTNER(S), DEPENDING ON THE NAMED ACCOUNT OWNERS.

All EFT transactions are performed by and deposits are held by SynapsePay financial institution partner. Dave and SynapsePay only transmit transaction instructions to SynapsePay financial institution partner and do not hold deposits in your Synapse User Account. Dave will provide you with all transactions notifications and User Account balances in addition to providing customer support relating to your SynapsePay User Account detailed below.

Transactions History and Disputes

All questions regarding EFT transactions or your Synapse User Account must be directed to friends@dave.com and not to SynapsePay or its financial institution partners. Dave is responsible for resolving issuers and errors relating to transactions and account balances. If you wish to make a financial service complaints against Dave, you may email issues@synapsepay.com.

CONTACTING US

If you have questions regarding the Agreement or the practices of Dave, please contact us by e-mail at legal@dave.com or by regular mail at Dave, Inc 1265 S Cochran Ave, Los Angeles, CA 90019.

ADVANCES

Dave Inc. offers various products through the Sites (the "Services"), that can assess the value of virtual assets such as accrued pay or employee rewards (the "Virtual Assets") and allow you to: View the value of your Virtual Assets or export the value for monetary transactions to your bank account, by assigning to Dave Inc., the complete right, title and interest in those Virtual Assets. Dave may limit the total number of Virtual Assets that you can access at any given time or for a period of time. Dave also may deny access to your Virtual Assets if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Services.

FEES

Dave Inc charges $1 per month to access its account monitoring, notification services and to maintain an active connection to your bank account. Dave requires a connected bank account or debit / credit card for payment of our $1 membership fee, which is billed the sooner of 30 days or your first paycheck after initiating membership. If payment attempt is declined, Dave reserves the right to cancel your account at its sole discretion. You are responsible to notify us by email at friends@dave.com if you do not want to renew by requesting account deletion. You may also access Dave advances without paying a membership fee by emailing friends@dave.com. On any deposit advance features such as Dave Advances, Dave Inc has optional fees to expedite the disbursement of funds. Users may also make 100% voluntary additional payments referred to as ‘Tips’ or ‘Donations’ in appreciation of the services provided. In no way does a ‘Tip’ or ‘Donation’ alter the service or interfere with a customer’s ability to access ‘Virtual Assets’.

REFUNDS

Tips and fees are non-refundable.

USE OF THE SERVICES

When Dave advances your Virtual Assets to you, for valuable consideration, you sell and transfer to Dave, all right, title and interest in and to those Virtual Assets. You warrant to Dave Inc that the Virtual Assets are valid and due and that you have not received any payment for or assigned to another party the Virtual Assets or any part of the Virtual Assets. You further warrant that if you receive payment for the Virtual Asset, you will transfer those payments, or permit those payments to be transferred to Dave and you authorize us to charge your bank account or charge your debit card (if linked). We reserve the right to charge your bank account at any time as soon as we see a paycheck associated with the Virtual Assets deposited into your bank account. You agree that by taking an advance you will be able to meet basic living expenses and major financial obligations both during the time of the advance and for 30 days after paying back Dave Inc. Irresponsible use of the service such as too many advances in succession can trigger a 30 day cool-off period.

If Dave is unable to access funds from your bank account to complete a payment that is owed, you agree to reimburse us immediately when funds become available that are associated or an incident to the Virtual Assets. While Dave Inc is helping users avoid overdraft fees, it is not responsible for any overdraft fees or any bank fees that result from your failure to maintain a sufficient balance in your bank account. Dave will pursue instances of fraud, otherwise will not take recourse in association with repayment.

You must provide true, accurate, current, and complete information about your accounts maintained at Dave Inc. Additionally, you represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.

In order to use certain Services, Dave may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity such as taxpayer identification number, phone number verification. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services.

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

WORK OPPORTUNITIES

Dave provides various employment and income opportunities from which Registered Users may elect to enroll and participate. The providers of these opportunities will require Registered Users to agree to their own terms. Dave is not affiliated with and does not endorse these providers and makes no representations or warranties regarding the providers or the income opportunities. All agreements and relationships entered into with these providers are solely between the Registered User and the providers and Dave shall have no responsibility or obligations in regards to such relationships.

Dave is not an employer or employment agency. The Dave Service only identifies and provides users with employment or income opportunities based on information provided such users that may be elected by Registered Users at their sole discretion. Registered Users are under no obligation to utilize any employment or income opportunity and may choose to leave or suspend any opportunity at any time, subject to any agreement with the provider of the such opportunity.

CLASS ACTION WAIVER AND BINDING ARBITRATION

This Arbitration Agreement is part of the Dave.com Terms of Service that governs your use of Dave’s apps, Dave.com or any Dave affiliated product. You and we agree to these terms.

Binding Arbitration and Class Action Waiver if your principal place of business is in the United States.

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

a. Disputes covered — everything except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and Dave Inc. or any Dave Inc. affiliate concerning Dave Inc’s mobile apps, websites, pricing, tips, donations, payments, loans, data, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.

b. Mail a Notice of Dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Dave Inc., ATTN: DAVE ARBITRATION, 1265 S Cochran Ave, Los Angeles, CA 90019. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available online We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.

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

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

  1. Disputes involving $75,000 USD or less. Dave Inc. will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, Dave Inc will: (1) pay the greater of the award or $1,000 USD; (2) pay your reasonable attorney’s fees, if any; and (3) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amounts unless you and we agree on them.
  2. Disputes involving more than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
  3. Disputes involving any amount. If you start an arbitration we won’t seek our AAA or arbitrator’s fees and expenses, or your filing fees we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. If we start an arbitration we will pay all filing, AAA, and arbitrator’s fees and expenses. We won’t seek our attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.

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

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

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

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

j. Dave Inc. affiliates are third-party beneficiaries. Dave Inc. and other affiliates of Dave Inc, Inc. are not parties to this Arbitration Agreement but are third-party beneficiaries of your agreement with us to resolve disputes through informal negotiation and arbitration.

ERROR RESOLUTION

(1) Errors or Questions about Transactions

Please contact us by emailing us at friends@dave.com (1) if you believe a transaction receipt or a statement is wrong, or (2) if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include: (x) your name, email associated with your account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.

(2) Time Periods

Ten-Day Time Period - Dave Inc. will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. Dave Inc. shall report the results to the consumer in writing within three business days after completing its investigation. Dave Inc. shall correct the error within one business day after determining that an error occurred.

Forty Five-Day Time Period - If Dave Inc. is unable to complete its investigation within 10 business days, Dave Inc. may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided Dave Inc. does the following:

(1) Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. Dave Inc. need not provisionally credit the consumer's account if:

Dave Inc. does not receive written confirmation within 10 business days of an oral notice of error; or The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220) (2)Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation; (3) Corrects the error, if any, within one business day after determining that an error occurred; and (4) Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).

(3) Extension of time periods. The time periods described above may be extended as follows:

Extension of Ten-Day Time Period - The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or Extension of Forty Five-Day Time Period - The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.

DAVE REWARDS PROGRAM

  1. Opt in Language

By entering my payment card information, I agree to the following: I authorize my payment card network to monitor and share my transaction data made with my registered payment card at participating merchants with Dave and its third party service providers (including Empyr). Dave shall obtain, provide, and/or use my transaction data to calculate my points, redeem rewards, enable card-linked offer(s), target offers that may be of interest to me, and to facilitate the Dave program in accordance with the Dave Terms of Use and Privacy Policy. Dave may share my transaction data with participating restaurants to determine if I am eligible to receive the offered reward. You may opt-out of the Dave program at any time by going to the Membership section inside the Dave app.

  1. Card Eligibility

Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.

  1. Transaction eligibility

Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A, MasterCard, and American Express payment systems, and that these transactions are not eligible.

  1. Debit Instructions

If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion.

  1. Double Enrollment Restrictions

Please note that we use Empyr as our service provider to help us operate our program. Your payment card may only be enrolled in one program operated by Empr. If you have already enrolled a payment card with a separate program operated by Empyr, you will be unable to register that card in both Empyr and the other Empyr-operated program. You may enroll another payment card in Empyr or deactivate your card in the other Empyr-operated program.

  1. Statement and Membership Credits

Statement credits or membership credits cannot be processed if your card number expires or changes while the statement credit is pending and not settled, or your card account is not open or in good standing. You may not receive a statement credit if it is not posted by your card issuer. Dave, the applicable card network, and your issuer have no responsibility or liability for the failure of a statement credit to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the statement credit.

In no event shall the applicable card network be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending statement credits and any associated dollar values represent offer fulfillment amounts in process owed by the applicable merchant, and not your funds or balances maintained or held by the payment card network or Dave.

Statement and Membership credits are capped at $250 per transaction.

  1. Release from liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Dave AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Dave AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL DAVE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE PROGRAM, EVEN IF PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL DAVE OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR THIRD PARTY PARTNERS' OR SUPPLIERS' (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED $1,000

  1. Opting out of the program/ unlink a card

To opt out of our program and unlink your cards, you must follow the steps below:

  1. Go to account settings
  2. Click on Membership
  3. Confirm you want to delete Membership or card
  4. You must repeat this process for every card you wish to delete