THESE TERMS CONTAIN A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL, THAT AFFECT YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH DAVE AND ANY RELATED PARTIES.  YOU MAY OPT OUT OF THE BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, AS PROVIDED BELOW IN SECTION 19.

The following terms of service are terms of a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and Dave Operating LLC, its subsidiaries, affiliates, agents and assigns (“Dave”, “we”, “us”, or “our”) which sets forth the terms and conditions for your use of Dave’s mobile application (“Mobile App”) and Dave’s website, dave.com, as well as the products and services offered, operated or made available by Dave through the Mobile App (collectively, the “Services”). The Mobile App, website and Services are owned and operated by Dave, and are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Mobile App, dave.com or the Services (collectively “Dave Content”), 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 Dave Content.

1. ACCEPTANCE OF AGREEMENT

Please carefully review this Agreement before using Dave Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use the Mobile App, dave.com or the Services.

To use Dave 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 Dave Services.

2. MODIFICATION OF THIS AGREEMENT

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 its website, dave.com. You should check this Agreement on dave.com 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 Dave 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 Dave Services without notice or liability.

3. PRIVACY POLICY

Dave maintains a Privacy Policy, and it details how we handle and protect data. We fully incorporate our Privacy Policy into this Agreement. Note that we reserve the right to update the Privacy Policy at our discretion, and that any changes made to our Privacy Policy are effective when the updates are live on dave.com.

4. MINIMUM TECHNOLOGY REQUIREMENTS TO ACCESS SERVICES

To access and use the Mobile App and Services, you must have a mobile device with access to the Internet running either Apple iOS 13.0 or higher, or Android 9 or higher. You must also have a valid email address and sufficient storage space to install any required mobile application. Dave’s mobile applications are available on the Apple App Store (for Apple devices) and Google Play Store (for Android devices).

5. USER INFORMATION ACCURACY AND UPDATES

To access Dave’s Services, you must create a Mobile App user account with Dave. This process will include creation of a Login ID and password to access the Mobile App and the Services. When you sign up for a user account, 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 Mobile App, in connection with the Services or as otherwise requested by Dave for such information (“User Information”). You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the Mobile App and 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 Mobile App and/or Services.

Should any of your User Information change, you agree that you will update this information as soon as possible. To update your User Information, you may go to the Profile section of the Dave app, click on “Settings,” and update your User Information accordingly.
Should you believe or have reason to believe that any of your User Information, including your Login ID and/or password, has been compromised, or that another person is accessing your user account through some other means, you agree to notify us as soon as possible at support@dave.com.

6. THIRD-PARTY AND DAVE MOBILE BANKING ACCOUNTS INFORMATION

To use the Services, you direct Dave to retrieve your account transaction history, balance information, and/or other information maintained by third-parties which are your personal accounts you own, manage and engage in financial transactions with (“Third-Party Account Information”). This includes information maintained by our bank partners, such as Evolve Banking and Trust, Member FDIC, for Dave Banking Accounts and Dave Cards. Dave works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other Dave products and services that may be of interest to you. 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 consenting to this Agreement, you are also agreeing that you are responsible for keeping any passwords and usernames you provide to us so we can retrieve this Third-Party Account Information, and for keeping those passwords and usernames up to date in the Mobile App. With the exception of information related to your Dave Banking Accounts, 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.

7. OVERVIEW OF SERVICES

7.1 Services

Dave offers a variety of services and features collectively referred to in this Agreement as the “Services". Services available to you are detailed in the App and may include:

• Personal Financial Management Services – A suite of services and features that can assist you in managing your budget, avoiding overdrafts, credit monitoring and more. See Section 8 for more details.
• Mobile Banking Services – A suite of banking services and features exclusive to Dave users with demand deposit account(s) (DDA) made available through a bank partner, such as Evolve Bank and Trust, Member FDIC. These account include the Dave Spending Account, Dave debit Mastercard (“Dave Card”), Dave Goals Account, and the ExtraCash Account (collectively “Dave Banking Accounts”). Please see the Dave Spending Account Deposit Agreement, the Dave Goals Account Deposit Agreement, and the ExtraCash Account Deposit Agreement for more information on these services. See Section 9 for more information.
• Income Opportunity Services - A suite of services that can assist you in finding work opportunities (“Side Hustle”), and grant access to paid surveys (“Surveys”) with payment made directly to your Spending Account. See Section 10 for more information.

Dave is not a financial advisor or a financial planner. We do not make any representations or guarantees that our Services are right for you.

7.2 Membership and Subscription Fees

Dave, at its discretion, may limit access to Services based on factors, including your membership classification and subscription fee. Some Services may be available at no charge, while access to others may require a monthly fee (“Membership Fee”), which is detailed in your Recurring Payment Authorization Agreement and the Mobile App (“Authorization”). Any changes to available Services will be communicated to you in advance (allowing you time to cancel your membership) and will be reflected in the Mobile App.

The Membership Fee, if applicable, will be automatically debited pursuant to your Authorization. Dave will attempt to collect the fee when you have available funds, but makes no warranties that an overdraft will not occur. If the debit fails, you authorize Dave to continue to attempt collection or to process any failed or missed Membership Fee charges together with the following month's fee. 

If you wish to cancel your subscription, you may do so at any time on the Dave Mobile App or by emailing support@dave.com. You must cancel a minimum of 3 business days before your next subscription fee is charged in order to avoid billing for the subsequent month.

8. OVERVIEW OF DAVE’S PERSONAL FINANCIAL MANAGEMENT SERVICES

You may have access to “Budget” through a connection to your outside bank account. With Budget, 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 “Linked Account”) and/or Dave Spending Account and let you know when you’re in danger of having insufficient funds in your Linked Account or Dave Spending Account, helping you avoid overdrafts, returned transactions and bank fees.

9. OVERVIEW OF MOBILE BANKING SERVICES

9.1 Mobile Banking Services

If you open Dave Banking Account(s), you will be able to manage your accounts and card, view your transaction history and other account information, perform certain transactions, and access various features of your account and card using the Mobile Banking Services through the Mobile App. Your use of the Mobile Banking Services is governed by this Agreement. However, the Dave Banking Accounts, and any transactions you make with those Accounts or Card (including transactions you initiate through the Mobile Banking Services) are covered by the Dave Spending Account Deposit Agreement, the Dave Goals Account Deposit Agreement, and the ExtraCash Account Deposit Agreement.

9.2 USA PATRIOT ACT and Customer Identification Program Notice 

To help the government fight the funding of terrorism and money laundering activities, US Federal law requires all financial institutions and companies like ours to obtain, verify, and record information that identifies each person identified as a “customer” who opens an account.

This means if you open a Banking Account, we may ask you for your name, date of birth, street address, identification number (like a Social Security Number), and any other information that will allow us to identify you as the customer on the account. We may also ask to see a driver’s license, passport or other identifying documents.

We may share the information you have provided us to our bank partner(s), in connection with opening and maintaining an account for you.

9.3 Fund Transfers and the Send a Check Service

Transfers between your Dave Banking Accounts and Linked Accounts, as well as payments made through the Send a Check service, are governed by the Dave Spending Account Deposit Agreement available here. Optional express fees apply to expedited transfers, which will be disclosed when you request a funds transfer. Express fees for an overdraft advance are due at the time you repay the amount due.  Certain transaction limitations may apply to Linked Account transfers and Send a Check payments. Please refer to the Dave Spending Account Deposit Agreement, the Dave Goals Account Deposit Agreement, and the ExtraCash Account Deposit Agreement for more information.

9.4 Authorizations

Only owners of Dave Banking Accounts are permitted under this Agreement to access an account through the Mobile Banking Services. By using the Mobile Banking Services, you agree that we and our Bank Partner are entitled to act on transaction or any other instructions we receive under your Login ID and password for the Mobile App, and you agree that any actions taken under your Login ID and password will have the same effect as a signature authorizing the transaction or other action. We reserve the right to deny transactions or any other actions you authorize through the Mobile Banking Services:

• If, through no fault of ours, you do not have enough available funds in your Dave Banking Accounts to make a transfer or payment.
• If the Mobile Banking Services or your mobile device are not working properly.
• If circumstances beyond our control prevent us from making a transfer, payment or taking an action you request us to take.
• If money in your Dave Banking Account is subject to legal process or other encumbrance restricting the transfer.
• If you do not give complete or correct instructions for a transfer or payment, or you do not follow the procedures in this or any other agreement you have with us or our Bank Partner.
• If your Mobile App Login ID and/or password have been reported lost or stolen, if we canceled or disabled your Login ID and/or password, or if we have disabled the Mobile Banking Service.
• If we have reason to believe that you or someone else is using the Mobile Banking Services for fraudulent or illegal purposes, or if we believe that a person other than you is using your Mobile App Login ID and password to access your account.

There may be other exceptions described in the Dave Spending Account Deposit Agreement, the Dave Goals Account Deposit Agreement, and the ExtraCash Account Deposit Agreement.

10. Overview of Income Opportunity Services

10.1 Side Hustles

Side Hustle is a service that informs 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. Availability and eligibility conditions apply. Surveys is a service that allows members to earn payment directly to their Spending Account by completing surveys in-app. Availability and eligibility conditions apply. See Section 10 of this agreement for more details.

10.2 Dave Surveys

Dave Surveys is a service Dave offers through a service provider, such as InBrain Inc., where members can earn money by participating in third party surveys. The information you share will help brand and market researchers to better understand consumers in order to develop better quality products. Dave is not affiliated with any of the survey providers, and does not  represent their views or opinions as its own. Money earned through taking Surveys will generally be reflected in your Spending Account shortly after completing the survey. 

10.2.1 Eligibility 

To participate in Dave Surveys, you must have the Dave app, a qualifying membership level, and an open and active Dave Spending Account. There is no cap on the number of surveys you may take. Surveys may be limited by availability and customer eligibility. 

10.2.2 Prohibited Surveys Activities 

You agree to maintain confidentiality and secrecy of all of the content of surveys, and that you will not: (1) attempt to inflate your points by circumventing or otherwise compromising the systems; (2) engage in any fraudulent activity, including, without limitation, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the initial profiling survey, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes, and/or incentives through false or fraudulent means, and tampering with surveys; (3) reverse engineer any aspect of the surveys or engage in any act that might reveal or disclose the source code,or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code.In addition to any other rights or remedies available, Dave reserves the right to terminate, prohibit or restrict your use of, access to, and/or participation in Dave Surveys or our entire platform for any violations of these terms or for any other reason at our own discretion.

10.2.3 Disclaimers and Limitation of Liability for Participating in Surveys. 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SURVEYS AND SERVICES ARE AT YOUR OWN RISK. NEITHER DAVE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SURVEYS MAKES ANY REPRESENTATIONS OR WARRANTIES BEYOND THOSE ON THE FACE OF THE WEBSITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT FOR ANY PURPOSE, OR THAT YOUR USE OF THE SURVEYS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10.2.4 Surveys Privacy 

Dave will only have access to the information from your survey enrollment form. Please visit our Privacy Policy page for more information on how we use your data. Click here for CCPA requests.

10.3 Taxes

You agree that you are responsible for all taxes and fees associated with your use of Side Hustles and Dave Surveys. If you earn more than a certain amount of money, we may be required to mail you a form to obtain your social security number for tax reporting purposes. You agree that you will complete and return all forms we send to you requesting information.

11. SMS MESSAGING AND TELEPHONE CALLS

You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, with service-related information such as alerts, or questions about your use of the Services and/or Mobile App. 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. Dave may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, emails or other means.Dave may send you the following type of alerts:

Marketing from the number 95471. By opting in to Marketing via SMS messages, you'll receive timely updates and offers from Dave, Inc. Text 'SUBSCRIBE' to subscribe. Message frequency varies. Message and data rates may apply to all SMS messages (including text messages). You may text 'STOP' to unsubscribe from these messages or text 'HELP' for more information, you may also contact our Members Success team directly at support@dave.com.

Service-related alerts from number 96419. By opting in to Service-related alerts via SMS messages, you'll be alerted for activities such as fraud or suspicious activity on your account from Dave, Inc. You can opt-in by going to your Manage Notifications Settings and turn the toggle on for "Service Alerts". Messaging frequency varies. Message and data rates may apply to all SMS messages (including text messages). You may text ‘STOP’ to unsubscribe from these alerts or text ‘HELP’ for more information, you may also contact our Members Success team directly at support@dave.com.

Multi-factor authentication from the following numbers: (724) 885-2866, (712) 882-7878, (320) 389-0723, (850) 880-3283, (432) 239-7976, (805) 926-6249, (740) 847-2528, (320) 626-4862, (334) 986-3283, (417) 465-3311. By opting in to Multi-factor authentication via SMS messages, you'll receive an authentication code upon your request from Dave, Inc. Text 'SUBSCRIBE' to subscribe. Message frequency is one-time upon your request. Message and data rates may apply to all SMS messages (including text messages). You may text 'STOP' to unsubscribe from these messages or text 'HELP' for more information, you may also contact our Members Success team directly at support@dave.com.

Visit our Privacy Policy to learn more about how we protect and share your data. Carriers are not liable for delayed or undelivered 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.

12. LIMITATIONS OF USE

You agree to use the Mobile App, dave.com and Services only for lawful purposes. You are prohibited from any use of the Services or Mobile App 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 Mobile App or Services, including but not limited to unauthorized entry into Dave’s systems, misuse of passwords, or misuse of any information posted on the Mobile App, dave.com or through the Services is strictly prohibited. Dave makes no claims concerning whether use of the Mobile App, dave.com or Services is appropriate outside of the United States. If you access the Mobile App, dave.com 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 Mobile App, dave.com or the Services or software making up the Mobile App, dave.com and Services, 2) navigate or search the Mobile App, dave.com 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 Mobile App, dave.com or the Services, 4) use the Mobile App, dave.com or the Services in a way that could impair, overburden, damage, or disable any portion of the Mobile App, dave.com or Services, or 5) mirror any material contained on the Mobile App, dave.com 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 Mobile App, dave.com or the Services, 3) suspending or terminating your ability to use the Mobile App, dave.com or the Services on an ongoing basis, 4) taking legal action against you, 5) holding you liable for the amount of Dave’s damages caused by your violation of this Agreement.

13. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS

The Mobile App, dave.com and the Services (collectively, "Dave Content") are owned and operated by 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 including the technology relating to any of the foregoing and any content created or derived therefrom (collectively, the “Dave Materials”) are owned exclusively by Dave or the licensors or suppliers or partners of Dave and are protected by U.S. copyright, trade dress, trade secret, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing in the Dave Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Dave Materials displayed in the Dave Content, without our prior written permission in each instance. You may not use, copy, display, distribute, imitate, modify or reproduce any of Dave Materials found in Dave Content 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 Dave Content 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.

The registered and unregistered trademarks, service marks and logos used and displayed on Dave Content are trademarks of Dave (the "Trademarks"). Other trademarks, service marks and trade names may be owned by others. Nothing on Dave Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Dave intellectual property displayed, contained or included in, or otherwise a part of or derived from, any Dave Content. The names “Dave”, “ExtraCash”, “Dave Goals”, “Dave Spending” and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on Dave Content, without prior written permission from Dave.

14. TERMINATION

Dave may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Mobile App, dave.com 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 Mobile App, dave.com 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 Mobile App, dave.com or the Services.
Dave further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Mobile App, dave.com or Services at any time with or without notice.

15. DISCLAIMER OF WARRANTIES

THE MOBILE APP, DAVE.COM 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 MOBILE APP, DAVE.COM OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP, DAVE.COM 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 MOBILE APP, DAVE.COM, 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 THE MOBILE APP, DAVE.COM 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.

16. NO LEGAL TAX OR FINANCIAL ADVICE; ALERTS

DAVE DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE MOBILE APP, DAVE.COM 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.

17. LIMITATION OF LIABILITY

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 MOBILE APP, DAVE.COM OR THE SERVICES, THE DAVE MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE MOBILE APP, DAVE.COM 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 MOBILE APP, DAVE.COM 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 MOBILE APP, DAVE.COM 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 MOBILE APP, DAVE.COM OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

18. INDEMNIFICATION

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 Mobile App, dave.com 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.

19. DISPUTE RESOLUTION BY BINDING ARBITRATION

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 19 BELOW.

19.1 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 19 (the “Arbitration Provision”), unless you opt out as provided in Section 19.3 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 19.8 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.

19.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers. This 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.

19.3 Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to support@dave.com, 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.

19.4 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 support@dave.com at any time.

19.5 Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”). 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. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at American Arbitration Association | ADR.org  or by writing to American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. 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.

19.6 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.

19.7 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.

19.8 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 19.8, 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 19.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.

19.9 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 19.8 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 19.8 are finally adjudicated pursuant to the last sentence of Section 19.8 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.

19.10 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.

19.11 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.

20. GOVERNING LAW AND VENUE

Except for Section 19 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.

21. SEVERABILITY

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.

22. WAIVER

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.

23. GENERAL PROVISIONS

This Agreement is the entire understanding and agreement between you and Dave. This Agreement supersedes any previous Terms of Use 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.

24. AUTHORIZATION FOR THE SOCIAL SECURITY ADMINISTRATION TO DISCLOSE YOUR SOCIAL SECURITY NUMBER VERIFICATION

You authorize the Social Security Administration (SSA) to verify and disclose to Dave Operating LLC through Socure Inc., their service provider for the purpose of this transaction whether the name, Social Security Number (SSN), and date of birth you have submitted matches information in SSA records. Your consent is for a one-time validation within the next 90 days.

25. CONTACTING US

If you have questions regarding the Agreement or the practices of Dave, please contact us by phone at (844) 857-3283, by email at support@dave.com, or by regular mail at Dave Operating LLC, 1265 S Cochran Ave, Los Angeles, CA 90019