(Last revised September 19, 2019)
The following terms of service are terms of a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and Dave Inc., its subsidiaries, affiliates, agents and assigns (“Dave”, “we”, “us”, or “our”) that sets forth the terms and conditions for your use of all of Dave’s websites and all mobile applications (collectively, the “Site”) and/or the products and services offered, operated or made available by Dave (collectively, the “Services”). The Site and Services are owned and operated by Dave. This Site and Services are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site or the Services, 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, and this Agreement governs your use of the Site and the Services.
THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 20 BELOW FOR MORE INFORMATION.
Please carefully review this Agreement before using this Site or Services or accessing any data thereon. If you do not agree to these terms, you may not access or use this Site or the Services.
To use this Site or the Services and to accept the Agreement, you must be 1) a legal resident of the United States, 2) of legal age to form a binding contract with Dave, 3) not prohibited by law from using the Site or the Services.
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. We will date the terms with the last day of revision. Your continued use of the Site or the Services 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 or the Services without notice or liability.
To access Dave’s Services, you must create an account with Dave (a “Dave Account”). This process will include creation of that a Login ID and password for your Dave Account. When you sign up for our Services, you agree to provide accurate, current and complete information—such as your name, mailing address, and email address –as may be prompted by any registration forms available through the Services or otherwise requested by Dave n such information, “Account Information”). You further 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. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Services.
Should any of your Account Information change, you agree that you will update this information as soon as possible. To update your Account Information, you may go to the Profile section of the Dave app, click on “Settings,” and update your Account Information accordingly.
Should you believe or have reason to believe that any of your Account Information, including your Login ID and/or password, has been compromised, or that another person is accessing your Dave Account through some other means, you agree to notify us as soon as possible at firstname.lastname@example.org.
To use the Services, you may direct Dave to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). Dave works with one or more third-party service providers, to access this Third-Party Account Information. By using the Services, you authorize Dave to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping your passwords and usernames for this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the App. Dave does not review the Third-Party Account Information for accuracy, legality or non-infringement, and Dave is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.
You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
6.1 Overview of the Personal Financial Management Services
Dave offers several services to its users. These Services include “Budget”, where we track your income and expenses, and we let you know about estimated upcoming bills and other expenses. Budget will monitor your linked bank account held at a depository institution (a “Bank Account”) and let you know when you’re in danger of overdrafting your Bank Account, helping you avoid overdraft fees.
Dave offers “Side Hustle”, a service informing you about income opportunities in your area through our partnerships with other companies. Side Hustle lets users apply directly for these opportunities. Dave may receive compensation from Side Hustle program partners when we successfully connect users to income opportunities.
Dave offers a Checking Service (“Checking”) in partnership with Evolve Bank and Trust, and should you use Checking, your use is covered by separate checking terms found here.
Dave also offers the Dave Rewards Program that allows you to receive credits towards Subscription Fees within ten (10) days of making a qualified purchase at a participating merchant (see our section titled “Dave Rewards Program”).
Budget, Side Hustle, Checking and the Dave Rewards Program are collectively referred to as the “Personal Financial Management Services.”
6.2 Subscription Fee
The Personal Financial Management Services are subject to a $1 per month subscription fee (the “Subscription Fee”). We require a connected bank account or debit/credit card (a “Payment Method”) for payment of the Subscription Fee. You will be billed for your first Subscription Fee on a monthly basis. If you register with Dave in the last ten (10) days of a given calendar month, you will not be charged for your Subscription Fee payment until the next month. You must notify us by email at email@example.com if you do not want to renew your monthly subscription to the Personal Financial Management Services.
Dave will do its best to collect the Subscription Fee when funds are available. If our attempt to charge you for the Subscription Fee is declined, Dave reserves the right to terminate your access to the Personal Financial Management Services. Dave also reserves the right to collect previous months’ fees during future months.
Dave will attempt to avoid charging you the Subscription Fee for the Personal Financial Management Service if we detect that your Payment Method does not contain sufficient funds to cover the Subscription Fee during that pay period. Additionally, we will not charge you for the Personal Financial Management Services if we are unable to obtain a current view of your Bank Account balance.
7.1 Overview of the Advance Service
Dave also provides advances based on your anticipated income (each, an “Advance”) as part of its “Advance Service.” If we detect that you are likely to overdraft your Bank Account based on your previous Bank Account activity, we will alert you to the possibility of overdrafting your Bank Account through the Services. Eligible users will then be offered the opportunity to receive a free Advance of up to $75 to their Bank Account or debit card. You may also log into the Services and request an Advance at any time. Checking users that receive a paycheck via direct deposit to their Checking account are eligible for Advances of up to $100. In all cases, you must affirmatively choose to receive an Advance.
You may also access Advances without subscribing to the Personal Financial Management Services. In other words, you may access Advances without paying the Subscription Fee. To do so, please email firstname.lastname@example.org and state that you would like an Advance without subscribing to the Personal Financial Management Services.
As noted above, all Advances are free. You may, however, choose to make a voluntary payments referred to as ‘Tips’ or ‘Donations’ in appreciation of the Advance Service provided. In no way does a ‘Tip’ or ‘Donation’ alter your eligibility to receive an Advance or your ability to access an Advance.
7.2 Express Fees
You may request that Dave expedite disbursement of your Advance by paying an optional fee (the “Express Fee”). While you can generally receive an Advance within three (3) business days depending on processing times, if you choose to pay the Express Fee, the Advance will be delivered to you within 8 hours. The amount of the Express Fee will be disclosed to you through the Services at the time you request an Advance.
7.3 Advance Repayment
Advances are payable in one installment. We reserve the right to charge your Bank Account or debit card for Advance repayment any time after the later of: (1) we see evidence of income (such as a paycheck) deposited into your Bank Account or (2) the pay back date selected by you through the Services. However, Dave warrants that it has no legal or contractual claim against you based on a failure to repay Advance funds, but Dave will suspend your access to the Services until you repay an Advance in full. With respect to a failure to repay an Advance, Dave warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. Dave does not waive any rights regarding fraudulent activity, and Dave will pursue instances of fraud.
While Dave is helping users avoid overdraft fees, it is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your bank account. Dave monitors your balance and does its best effort to ensure you have sufficient funds before debiting your account, but Dave makes no warranties that an overdraft will not occur.
Tips, Express Fees and the Subscription Fee are non-refundable
If you enroll in the Personal Financial Management Service, you authorize Dave to electronically debit your Payment Method for the $1 Subscription Fee once each month. As applicable, you also authorize Dave to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for the Subscription Fee that would vary in amount from a previous Subscription Fee, but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than $1. (Our policy is that no single debit will exceed $1, so we expect not to provide you with advance notice of each ongoing debit from your Payment Method.)
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse (“ACH”) transactions as provided herein and will remain in full force and effect until you notify Dave that you wish to revoke this authorization by calling 1-844-857-3283 or emailing email@example.com. You must notify Dave at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your Dave Account. Failure to provide correct and complete information may make it impossible for Dave to stop withdrawal of the preauthorized withdrawal.
You agree to indemnify and hold harmless Dave from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Dave of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Dave will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so.
You warrant and represent to Dave that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. If you have a joint Bank Account, you represent and warrant that you have the authority to (a) bind the absent accountholder; and (b) enter into this Agreement independently. You agree to indemnify and hold Dave harmless from any claims by any other owner of the Bank Account.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
See Section 22 below for more information about your rights associated with electronic funds transfers.
10.1 Overview of the Rewards Program
Dave offers a rewards program (the “Rewards Program”) to enable eligible users to receive credits towards Subscription Fees (“Rewards”). Rewards will generally be reflected in your Dave Account 10 days after making a Qualified Purchase at participating merchants, though they may be subject to delays. A "Qualified Purchase" is a purchase from a participating merchant using your registered card in accordance with the terms of the Offer and this Agreement. An "Offer" is the amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated with the offer.
10.2 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.
10.3 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.
10.4 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.
10.5 Double Enrollment Restrictions
Please note that we use Empyr, Inc. as our service provider to help us operate our program. Your payment card may only be enrolled in one program operated by Empyr. 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 the Dave Rewards Program and the other Empyr-operated program. You may enroll another payment card in the Dave Rewards Program or deactivate your card in the other Empyr-operated program.
10.6 Statement and Membership Credits
Rewards will not appear or be reflected on your transaction receipt from the merchant at the time of purchase, and will instead be reflected within your Dave Account. Subject to eligibility verification and settlement of the Qualifying Transaction, statement Rewards will typically appear in your Dave Account within approximately 10 days of the Qualifying Transaction, but may be subject to delays.
Rewards 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 Reward 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 Reward to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the Reward.
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 Rewards 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.
10.7 Opting Out
You may opt-out of the Dave Rewards Program and unlink your cards at any time. To do so, you must follow the steps below:
11.1 Communications to Be Provided in Electronic Form
By choosing to use the Site or the Services from time-to-time you will receive disclosures, notices, documents, and any other communication about our Services, the Site, or Dave from Dave (“Communications”). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion.
11.2 Communications in Writing
By accepting to this Agreement, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
11.3 Minimum Requirements
You understand that, in order to view and/or retain copies of the electronic Communications, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.
11.4 Withdrawing Consent
You may withdraw your consent to receive Communications electronically by contacting us at firstname.lastname@example.org or writing us at Dave, Inc., 1265 S. Cochran Avenue, Los Angeles, CA 90019. If you withdraw your consent, we reserve the right to limit or close your Dave Account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. You agree to pay any amount owed to Dave such as Subscription Fees or Express Fees even if you withdraw your consent and we close or limit access to your Dave Account.
11.5 Updating Records
As noted above, you can update your Account Information in the Dave app or by emailing us at email@example.com.
You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or Dave Account. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Dave and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails or other means.
Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
You agree to use the Site and Services only for lawful purposes. You are prohibited from any use of the Services 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 or Services, including but not limited to unauthorized entry into Dave’s systems, misuse of passwords, or misuse of any information posted on the Site or through the Services is strictly prohibited. Dave makes no claims concerning whether use of the Site or Services is appropriate outside of the United States. If you access the Site or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not 1) try to reverse engineer, disassemble, decompile, or decipher the Site or the Services or software making up the Site and Services, 2) navigate or search the Site or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than Dave’s provided interface to access the Site or the Services, 4) use the Site or the Services in a way that could impair, overburden, damage, or disable any portion of the Site or Services, or 5) mirror any material contained on the Site or the Services.
Dave reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Dave also reserves the right to take action to protect Dave, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to the Site or the Services, 3) suspending or terminating your ability to use the Site or the Services on an ongoing basis, 4) taking legal action against you (note, as described in Section 7.3 Advance Repayment, Dave will not take action against you for failure to repay an Advance), 5) holding you liable for the amount of Dave’s damages caused by your violation of this Agreement.
The Site and the Services are owned and operated by the Dave. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “Dave Materials”) are owned exclusively by Dave or the licensors or suppliers of Dave and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on this Site or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Dave Materials displayed on the Site or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of Dave Materials found on the Site or the Services unless in accordance with written authorization by us. Dave prohibits use of any of the Dave Materials as part of a link to or from the Site or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Dave Materials, or whether any mark or logo is a Dave Material, should be referred to Dave. All rights related to the Dave Materials are hereby reserved.
You agree that the Dave Materials 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 Dave Materials are 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 Dave Materials, in whole or in part.
Dave may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site or the Services 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 or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site or the Services.
Dave further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Site or Services at any time with or without notice.
THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DAVE AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “DAVE PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE SITE OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE DAVE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE SITE, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE DAVE PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
DAVE DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE SITE OR THE SERVICES. DAVE IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. DAVE ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. DAVE WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. DAVE DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, DAVE IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND DAVE IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. DAVE IS NOT LIABLE FOR ANY THIRD PARTY RELIANCE ON ALERTS.
THE DAVE PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE SERVICES, THE DAVE MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, EVEN IF DAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DAVE PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE SITE OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE SITE OR THE SERVICES. IN NO EVENT WILL THE DAVE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Dave Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Site or the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Dave reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Dave.
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 20.3 BELOW.
20.1 Election to Arbitrate. You and Dave agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 20 (the “Arbitration Provision”), unless you opt out as provided in section 20.3 below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 20.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
20.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers. TThis Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
20.3 Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to firstname.lastname@example.org, within 60 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
20.4 Informal Dispute Resolution. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to email@example.com at any time.
20.5 Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
20.6 Arbitration Fees. If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
20.7 Appeals. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
20.8 No Class Actions. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 20.8 , and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 20.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
20.9 Survival and Severability of Arbitration Provision. This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than section 20.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 20.8 are finally adjudicated pursuant to the last sentence of section 20.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
20.10 Judicial Forum for Claims. Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Dave agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and Dave consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
20.11 WAIVER OF RIGHT TO LITIGATE. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
Except for Section 20 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of California, without regard to conflict-of-law rules.
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers. There may be limitations on your Bank Account or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Bank Account or debit card.
22.3 Business Days. For purposes of this Section 22, Dave business days are Monday through Friday. Holidays are not included.
22.4 Types of Transfers; Limitations. You may use the Services to request and receive Advances to your Bank Account or a debit card, to repay such Advances in the amounts and on the days you request, to pay voluntary tips to Dave, and to pay the monthly Subscription Fee. Any limitations regarding Advance amount, tip amount or Subscription Fee amount will be displayed to you through the Services. Through the Services you may also authorize recurring preauthorized Electronic Fund Transfers from your Bank Account or debit card to pay for the Subscription Fee. See Section 9 for more information about stopping payment of preauthorized Electronic Fund Transfers.
22.5 Fees. Dave charges no fees to access an Advance. However, you may choose to pay an Express Fee to expedite an Advance as set forth in Section 7.2.
22.6 Documentation. We will email a confirmation receipt to you for each Electronic Fund Transfer made through the Services. In addition, your Dave payment history can be viewed within the Dave app by navigating to the “Account Settings” page and tapping “Account” or “Advances,” depending on the type of transactions you seek to view. You are responsible for reviewing your receipts and payment history and maintaining copies for your records.
22.7 Our Liability. See Sections 16 and 18 above. If Dave does not debit or credit your Bank Account or debit card in accordance with these Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
22.8 Confidentiality Related to Electronic Fund Transfers. We will disclose information to third parties about the Electronic Fund Transfers you make through the Services:
22.9 Error Resolution
In case of errors or questions about your Electronic Fund Transfers, telephone us at 1-844-857-3283, write us at Dave Inc., 1265 S. Cochran Avenue, Los Angeles, CA 90019, or email us at firstname.lastname@example.org. If you think your Bank Account statement, receipt or payment history within the app is wrong, or if you need more information about a transfer listed on the statement, receipt, or within the app, contact us as soon as you can. We must hear from you no later than 90 days after the statement or receipt was delivered to you. In your notification to us, you must:
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new Dave Accounts, we may take up to 90 days to investigate your complaint or question. For new Dave Accounts, we may take up to 20 business days to credit your Dave Account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE DAVE SERVICES MUST BE DIRECTED TO DAVE, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT. We are responsible for the Services and for resolving any errors in transactions made in conjunction with such Services.
We will not send you a periodic statement listing transactions that you make through the Services. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE PROVIDED WHEN YOU USE THE SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number and address indicated below:
1265 S. Cochran Avenue
Los Angeles, CA 90019
IF YOUR LOGIN ID OR PASSWORD IS LOST OR STOLEN, NOTIFY US AT ONCE by calling or writing to us at the telephone number or address listed above.
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement’s remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
You agree that if Dave does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Dave has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
This Agreement is the entire understanding and agreement between you and Dave. This Agreement supersedes any previous Terms of Service agreement or other 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. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. 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.
If you have questions regarding the Agreement or the practices of Dave, please contact us by e-mail at email@example.com or by regular mail at Dave Inc. 1265 S. Cochran Avenue, Los Angeles, CA 90019.