Terms of Use

Last updated: June 2017

YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT CLICK “ACCEPT” AND DO NOT USE THE WEBSITE, AND YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Change provides web-based services designated to assist individual users to better manage their day-to-day spending and savings, including but not limited to providing them with recommendations related to spending and savings. These Terms of Use (these “Terms“) represent an agreement between you and Change, and contain the terms and conditions governing your use of and access to our website at https://gochange.co and all affiliated websites owned and operated by us (collectively, the “Website“) and our products, services, and applications (together with the Website, the “Services“). “You” and “your” mean the person who uses or accesses the Services. The “Company“, “Change“, “we“, “us,” and “our” mean Change Labs Inc. and its successors, affiliates, and assignees.

Your use of and access to the Services are subject at all times to these Terms and our Privacy Policy. Please read these Terms and our Privacy Policy carefully. By using or accessing the Services, you represent that you have read and understand these Terms and our Privacy Policy and you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all the terms and conditions of these Terms and our Privacy Policy, do not use or access the Services.

AMONG OTHER MATTERS, THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER

Consent to Use Electronic Signatures and Electronic Communications

Communications” means any and all agreements, communications, disclosures, notices, records, documents and/or other items that we provide to you, or that you consent or agree to at our request.

Contacting Us” means emailing us at support@gochange.co, or texting us at (650) 399-9020.

Current Version” means a version of any particular software or application that is currently being supported by its publisher.

Electronic Communications” means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature.

Electronic Media” means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.

Electronic Product or Service” means each and every product and/or service we offer that you apply for, use or access using any Electronic Media.

Electronic Signature” means any means that is used to indicate your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box on or taking any other action to indicate your consent and/or agreement on or in any Electronic Media.

Electronic Signatures and Electronic Communications. Subject to applicable law, you consent and agree:

(a) Electronic Signatures. To use Electronic Signatures to indicate that you have read and understand, and that you agree and consent, to these Terms, our Privacy Policy, and any and all other terms and conditions and/or any other agreements that we may provide on any form of Electronic Media.

(b) Electronic Communications. That any and all Communications that we may send or provide to you (even Communications that we may otherwise be required to send or provide you in paper form) shall be in the form of Electronic Communications.

(c) When Deemed Received. Each Electronic Communication will be considered to be received by you at the time that we first attempt to send it to you, or if posted on the internet or on a website, within 24 hours after the time that it is posted.

(d) Printing, Saving and Storing. To print and save and/or electronically store a copy of all Electronic Communications that we send to you.

(e) Updating of Contact Information. To notify us of any change in your email address or your mobile device number or other text message address by Contacting Us.

(f) Withdrawal. That the foregoing consents and agreements will remain in effect unless and until you withdraw them in accordance with these Terms.

(g) That you represent and warrant to us that you have read and understand this Consent to Use Electronic Signatures and Electronic Communications.

Hardware and Software Requirements. In order to access and retain our Electronic Communications, you need to have, and you represent and warrant to us that you do have, and you consent and agree that at all times you will have, all of the following: (1) a valid email address; (2) a computer, laptop, tablet, smartphone or other device that is Internet-enabled and is connected to the internet: (3) a web browser that includes 128-bit encryption, such as a Current Version of Chrome, Internet Explorer, Firefox or Safari, with cookies enabled; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (5) a computer or device and an operating system capable of supporting all of the above; and (6) data storage to electronically save Communications or an installed printer to print them.

Withdrawal of Consent. You may withdraw your consent to receive Electronic Communications by Contacting Us. Such withdrawal will be effective only after we have had a reasonable time period to process such withdrawal, and will not apply to Electronic Communications provided by us to you before the withdrawal of your consent becomes effective. If you withdraw your consent, then, except as may be expressly provided otherwise in these Terms, (a) we will terminate your access to, and your ability to use, the Services, and (b) we will close any account that you may have with us and will return to you any balance that you may have therein.

Changes. We reserve the right, in our sole discretion, (a) to communicate with you in paper form and/or (b) to discontinue to provide you with Electronic Communications, and/or (c) to terminate or change our terms and conditions with respect to Electronic Signatures and Electronic Communications. Subject to any applicable law, we may notify you of any such discontinuance, termination or change by means of Electronic Communications, by updating these Terms on the Website, or by delivering notice by email or text message, or by any other means of Electronic Communications that we may choose in our discretion.

Requesting Paper Copies. You may request a paper copy of any Electronic Communication that we provided to you by Contacting Us. We will mail the paper copy to your mailing address that we have on file. We may charge you a fee of $5.00 for each such paper copy.

Contacting Us Regarding Electronic Signatures and Electronic Communications. Please feel free to request information or ask questions regarding our policy on Electronic Signatures and Electronic Communications by Contacting Us.

Use of Website and Services

Subject to the terms and conditions set forth herein, you may access and use the Website for the purpose of using the Services on a non-exclusive basis. When sharing, transferring or otherwise using the Website or any of Services, you will be required to, and responsible for, ensuring the acceptance of any party you send to, share with, or otherwise use the Website or Services, with the Terms. You acknowledge that the Company may, in its sole discretion and at any time without prior notice, modify, update or otherwise change the Website or Services, including discontinuing to provide any part of the Website and/or Services or to modify or delete any content available through the Website or Services, including these Terms and/or any other legal terms, terms and conditions, or terms of use that are found in any part of the Website and/or with respect to any or all of the Services. To the extent of any such discontinuance, deletion or modification, the use of the Website and/or Services shall be void.

By using the Website and Services, you represent and warrant that: (a) any information you submit is truthful and accurate; (b) you have the right and authority to submit or otherwise provide us with any documents for the provision of the Services, including but not limited to any invoices, orders, agreements and other documents related to your affairs and operations (the “Documents“); (c) you are the sole owner and holder of your bank accounts (the “Bank Accounts“) and credit card accounts (collectively, the “Financial Accounts”) in which your financial operations are being managed and with respect to the Services that shall be provided; (d) you have the right and authority to provide us access to the Financial Accounts for the purposes hereof; (e) you will maintain the accuracy of the information detailed in sub-section (a) above and such Documents; (f) you are at least 18 years of age or, if higher, the age of majority in your jurisdiction; (g) your use of the Website or Services does not violate or promote the violation of any applicable law or regulation or any legal or contractual obligation you may have to a third party and you have and will at all times comply with all applicable laws, rules and regulations in connection with your use of the Services and Website, any services arranged through the Services and Website, and any interactions with other Users; (h) you are a U.S. citizen (or a legal U.S. resident); (i) the applicable Financial Accounts are located in the United States; and (j) you (i) have not been the subject of a complaint, investigation, or any other legal action (either by any governmental authority or otherwise) involving fraud or larceny; and (ii) have not been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any money laundering offenses.

Subsections (a)-(j) above shall be referred to, jointly, as the “User’s Undertakings and Warranties“.

By using the Website and Services, (1) you agree to provide us with all information and documentation requested by us, such as your name; email address; mobile device number; online credentials for your Financial Accounts; date of birth; last 4 digits of Social Security number; a copy of your government-issued photo ID such as a passport or driver’s license; a copy of a utility bill, bank statement, affidavit or other bill dated within three months of our request, with your name and U.S. street address on it; such other information and documentation that that helps us verify your identity and Financial Accounts information; and/or any other information that we may require from time to time (collectively, “User Information”); and (2) you authorize us to, directly or through a third-party or from the financial institution holding your Financial Accounts or through third-party websites and databases to obtain, verify, and record any User Information.

The information you provide us is subject to our Privacy Policy.

By using the Services, you understand and agree that the Company may in its sole discretion, but is not required to, verify that any or all of the User’s Undertakings and Warranties are met by any User and you further agree that the Company is not responsible for assuring that the User’s Undertakings and Warranties are met or for any failure to suspend, terminate or prevent the use of the Services and Website by Users who do not meet the User’s Undertakings and Warranties.

You understand that you are solely responsible for making your own evaluations, decisions and assessments about the Documents and their provision to the Company, the Financial Accounts and the provision of access to such Financial Accounts, use of the Services and use of any information provided to you by the Company. If you become aware of any violation or possible violation of the User’s Undertakings and Warranties, you will report it to the Company. If the Company becomes aware of any violation or possible violation of the User’s Undertakings and Warranties (either by reports provided to it by other Users or any other means) by you or any other User, it may suspend and/or terminate your or such User’s membership with or without notice in its sole discretion. If your membership is suspended and/or terminated, you agree not to access the Website and to make no further use of the Services and Website after termination or during the suspension.

Without derogating from the above, the Company expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to: (i) any inaccuracy or incompleteness of a User’s representations regarding or non-compliance with the User’s Undertakings and Warranties; and (ii) misstatements and/or misrepresentations made by any Users.

By using the Website and Services you understand and agree that the Services merely offer a platform designated to assist you in better managing personal financial behavior and day-to-day spending. You understand and agree that the Company: (a) may address any third party which is associated with you for the provision of the Services and to receive and/or provide any information related to you for such purpose, unless you specifically asked us to refrain from such action by contacting us at support@gochange.co in which case this service shall be excluded from the Services upon confirmation of receipt of your request; (b) does not employ, recommend or endorse any User, vendor, supplier, service provider or any other third party, including the third parties referred to in sub-Section (a), which is referred or linked to through the Services (each, a “Third Party“), and has no control over the acts or omissions of any such Third Party; (c) makes no representations or warranties about the identity or other characteristics of any Third Party, the quality, suitability or any other feature of the information or about your interactions or dealings with Third Parties; (d) makes no representations or warranties about the information provided by or obtained from such Third Parties relating to the User; and (e) is not responsible for the performance or conduct of any User or Third Party in any way using or having used the Services and/or Website.

Further, although the Company may from time to time, in its sole discretion, facilitate and make available to you through the Services and/or Website various third-party information-related services, including assessment and/or suitability services, quotes, commercial offers, etc., the Company does not undertake to provide such services or otherwise conduct any kind of checks, and even if providing such services or doing such checks, the Company may cease from doing so at any time in its sole discretion without providing any notice, not in advance nor otherwise, and the Company shall not be responsible for any loss or damage arising from or connected to the performance or nonperformance of such services or checks. For the avoidance of doubt, the Website and Services are providing, in essence, tips, how-to and guidance (“Information“) in respect of ways and methods to enhance and improve financial behavior utilizing several inputs that you shall provide, such as, but not limited to,Financial Accounts information, by providing various recommendations and suggestions to use certain Third Parties through the algorithms operated by the Company.

The Company is not, and shall not be held liable for any Information provided to you. Any Information provided is strictly the Company’s opinion, expressed through its algorithms as such, and you are responsible for examining such Information, assessing it including its suitability for your needs, and deciding whether to use it and to what extent. By using the Services or Website, you acknowledge that you are solely responsible for such use and that all use of the Services and Website is at your sole risk. As such, you should exercise caution, use good judgment, perform your own assessment and do suitability checks before using any Information. The Company expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Services and Website or your use of the Information or any interaction with Third Parties, including without limitation any acts and/or omissions of Third Parties or any other third party in any way using or having used the Services or Website in any means. By using the Services or Website, you acknowledge that you are solely responsible for such use and that all use of the Services and Website is at your sole risk. The Company reserves the right but has no obligation, to monitor any interactions between you and Third Parties and/or other Users. Further, the Company is not responsible for ensuring that your Bank Accounts have sufficient funds for your needs, purposes, or transactions. Before using the Services, you should consider obtaining additional information and advice from a financial adviser. The Company is neither a financial adviser nor a financial planner. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser and/or financial planner and/or tax advisor.

Change User Accounts

By using the Website and/or Services, you automatically authorize us to obtain, directly or indirectly through our third-party service providers, such as but not limited to Plaid, the Application Programming Interface utilized by the Website and Services, and without any time limit or the requirement to pay any fees, information about you and your Financial Accounts from the financial institution holding your Financial Accounts and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant the Company and our third-party service providers a limited power of attorney, and you hereby appoint the Company and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN THE COMPANY OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, THE COMPANY AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.

You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third party account providers accessible through the Services. We may, but are not required and do not undertake, to review and assess information obtained from the financial institution holding your Financial Accounts and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement.

No Exclusivity

You acknowledge and agree that the Company is in the business of providing the Services and that the Company may provide the Services or such services as it shall provide from time to time in accordance with its sole discretion to third parties, including any corporate body or other entity involved in the business or providing services similar to the Services.

Restrictions

Without derogating from the provisions of Section 1 thereof, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Website and/or Services; (b) use the Website and/or Services in violation of any applicable law or regulation, including but not limited to, post, publish, share or otherwise transfer any illegal or offensive material; (c) copy, modify, or create derivative works of the Website, Services or content of any of the Website or Services; (d) attempt to disable or circumvent any security or access control mechanism of the Website or Services; (e) design or assist in designing cheats, exploits, automation software such as but not limited to spiders, bots, hacks, mods or any other unauthorized third-party software to modify or interfere with the Website or Services; (f) use the Website or Services or engage with other Users or any third parties for any purpose that is in violation of any applicable law or regulation; (g) attempt to gain unauthorized access to the Website or Services, other Change User Accounts, as defined below, or other devices, computer system, phone systems, or networks connected to the Website or Services; and (h) harvest or otherwise collect information about Users without their consent.

Without derogating from the foregoing, if you post, publish, share or otherwise transfer through the Website and/or by using the Services any content or other information, including without limitation by providing the Documents (the “Content“), you represent and warrant that such Content provides an accurate and complete picture of any information or services described therein, complies with these Terms herein, and does not: (a) infringe the intellectual property, moral or publicity rights of any third party; (b) contain any defamatory, libelous, obscene, sexually suggestive or otherwise offensive content (including material promoting or glorifying hate, violence, or bigotry); (c) contain any worms, viruses or otherwise malicious software; (d) violate any applicable law or regulation, including any law or regulation concerning advertising or marketing; (e) attempt to gain control of another Change User Account for any reason; (f) connect any Change User Account that you do not rightfully and lawfully control; (g) impersonate or misrepresent your affiliation with any person or entity; (h) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and (i) encourage or enable any other individual to do any of the foregoing.

By posting, uploading, publishing, sharing or otherwise transferring any Content using the Website and/or Services, you hereby irrevocably grant the Company and any of its affiliates and/or sublicenses a worldwide, non-exclusive, perpetual, royalty-free license to publish, share, display and otherwise transfer such Content, except when such content concerns the Documents or any financial information, in any reasonable form as shall be in the Company’s sole discretion. The Company reserves the right to remove, suspend access to or permanently delete any Content in accordance with its sole discretion without prior notice, including without limitation any Content that violates the warranties set forth above or the Company’s business interests, you shall have no right or claim in respect of any such decisions and actions and will hold the Company harmless for any damage or loss arising from the above. Without derogating from the foregoing, the Company is not, and shall not be, liable for any Content provided, posted, uploaded, shared or otherwise made available by Users, directly or indirectly, or any interactions engaged by any Users or with Third Parties. Each User using the Website and/or Services hereby represents to take full responsibility in respect thereof, and the Company shall bear no liability with respect to the foregoing.

Change User Account Registration

Users wishing to use the Website and Services must complete a registration process and create a user account (the “Change User Account“). The Change User Account allows the use of the Website and Services, subject to these Terms. To create a Change User Account, User must provide truthful and accurate information and keep such information up-to-date, and select a password. You agree that you will supply accurate and complete information to us in the creation of your Change User Account and the use of the Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date. When you complete the registration process, you create a Change User Account. The Company reserves the right for any reason at its sole discretion, (a) to refuse to allow anyone wishing to use the Website or Services to open a Change User Account, or (b) to close any Change User Account. You may not provide false information during the registration process You shall not share your Change User Account or login information with any third party, nor let any third party access your Change User Account, and are responsible for maintaining the confidentiality of the login information for your Change User Account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your Change User Account, even if such activities were not committed by you. The Company will not be liable for any losses or damages incurred by unauthorized use of your Change User Account or password, either to you or to any other User or third party, and you agree to indemnify and hold the Company harmless for any improper or illegal use of your Change User Account, including any Content shared or otherwise made available, unless you have notified the Company via e-mail to support@gochange.co that your Change User Account has been compromised, that you have modified your login information, have requested the Company to block access to it, and the Company has had a reasonable amount of time to review and act on such notification. Without derogating from the foregoing, we may terminate your use of the Website and/or Services if you let any third party use your Change User Account inappropriately or if you or anyone using your Change User Account violates these Terms.

A Single Financial Account May Not Be Linked to More Than One Change User Account

Your Change User Account may be linked to one or more of your Financial Accounts. However, any single Financial Account of yours may not be linked to more than one Change User Account. Regardless of motive or purpose, or even if the result of a mistake or miscommunication, we will deem any attempt to link a Financial Account to more than one Change User Accounts, whether such attempt is by you alone, or by you and one or more joint owners of such Financial Account, to represent a potential abuse of the Website and Services. In such case, we will not permit you or any such joint owner to open any Change User Account, and we will close each and every Change User Account that has been opened by you or by any such joint owner. If you believe that we have made an error in this regard, please feel free to contact us at support@gochange.co.

Notifications

The Company may from time to time provide automatic alerts. Automatic alerts may be sent to you following certain changes made online to your User profile or Financial Accounts. Electronic automatic alerts will be sent to the email address or mobile number you have provided during your registration process. If your email address or mobile number changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your username and some information about your Financial Accounts.

Intellectual Property

The Company is the owner of all worldwide rights, titles and interests in: (a) the Website and Services, and all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Website and Services; and (b) trade names, trademarks, and logos of the Company, and shall at all times remain solely with the Company. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing shall mean only the right to use the Website and Services pursuant to these Terms. Users bear sole liability for any and all Content, including any intellectual property rights thereof, provided, shared or otherwise made available by the Users using the Website and/or the Services, and the Company makes no representation with respect to any such Content. The Company will not be liable for any losses or damages incurred by such Content, and Users agree to indemnify and hold the Company harmless for any damage or loss arising from the above.

Privacy

User undertakes not to save, collect or otherwise maintain in his/her possession and use any Content which was not provided by him/her to the Company or provided by the Company to him/her directly without the prior written consent of the User who uploaded, shared or otherwise made available such Content and the Company. User further agrees that the Company reserves the right, in its sole discretion, to save, collect or otherwise maintain in its possession and use the Content and Information, including information that may personally identify such User or describe his/her personal interests in accordance with the terms detailed in its Privacy Policy available at Privacy Policy. The Company reserves the right to make any and all permitted use under any applicable law of the Content and Information as set forth in the Company Privacy Policy. For the avoidance of doubt, the Company does not review, test, confirm, approve or otherwise verify the Content. Each User posting, uploading, sharing or otherwise making available such Content, either with the Company for the provision of the Services or otherwise, shall bear the sole responsibility for the Content, including any and all third party information and required consents. The Company will not be liable for any loss or damage incurred by not complying with the above, and User agrees to indemnify and hold the Company harmless for any damage or loss arising from the above. NOTWITHSTANDING THE FOREGOING, USER UNDERSTANDS AND ACKNOWLEDGES THAT THE COMPANY IS NOT A CONTENT STORAGE SERVICE. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY LOST OR ERASED CONTENT. USERS SHOULD BE AWARE THAT ANY CONTENT POSTED, UPLOADED, SHARED OR OTHERWISE MADE AVAILABLE MAY BE READ, COLLECTED, AND USED BY OTHER USERS, AND COULD BE USED TO SEND UNSOLICITED CONTENT.

Links

The Website or Services may contain links or other content related to websites, advertisers, products and/or services offered by third parties, including without limitation such that are part of, or in connection with, the Services. The Company has no control and makes no representation with respect to any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. USER UNDERSTANDS AND AGREES THAT USE OF SUCH LINKS OR OTHER CONTENT IS AT HIS/HER OWN RISK, THAT SUCH LINKS OR OTHER CONTENT ARE GOVERNED BY SUCH THIRD PARTIES’ TERMS OF USE AND PRIVACY POLICIES, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD PARTIES. USER SHOULD CAREFULLY REVIEW THE APPLICABLE TERMS AND POLICIES THAT APPLY TO THE USE OF SUCH LINKS OR OTHER CONTENT OF ANY SUCH THIRD PARTIES. THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THE USE OF SUCH LINKS OR OTHER CONTENT OF ANY SUCH THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND THE COMPANY EXPRESSLY DISCLAIMS, AND USER EXPRESSLY RELEASES THE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES, ARISING FROM AND/OR IN ANY WAY RELATED TO THE USE OF SUCH LINKS OR OTHER CONTENT OF ANY SUCH THIRD PARTIES, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PRODUCTS AND/OR SERVICES.

Prohibited Uses

The Website and Services are for the use of individual Users only and may not be used in connection with any commercial endeavors without the express written consent of the Company. The Website and Services may not be used by any person or organization to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with the Company without express written permission from the Company. User agrees not to use any Content in order to contact, advertise, solicit, or sell to any other User without their express consent.

Support & Feedback

Users may contact the Company with regard to support for the Website and Services by sending an email to support@gochange.co.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback“). You can submit Feedback by emailing us support@gochange.co. You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Disclaimers

The Company makes reasonable efforts to ensure that its technology keeps the Website and Services safe and secure. However, no technology is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Except as expressly set forth herein, your use of the Website and Services is at your sole discretion and risk. The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. The Company expressly disclaims all implied or statutory warranties of any kind relating to the Website and Services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. The Company does not give any advice regarding the risk or suitability of any trade, transaction, engagement or other interaction. The Company assumes no responsibility for any transaction, engagement or other interactions made by you and you acknowledge that you are solely responsible for the assessment of your transactions, engagements and other interactions. You shall not hold the Company or any of its officers, directors, shareholders, advisors, employees, agents, anyone acting on Company’s behalf or its affiliates liable for any transaction, engagement and other interaction-related choices made by you. No advice or information, whether oral or written, obtained by you from the Company, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

The Company does not guarantee the value, quality, compatibility or any other feature of any Content and Information, as well as any characteristics of the Users (hereinafter in this Section: the “Features“). Any Content, Information or Features are in the sole responsibility of the User using the Features or Information or posting, uploading, sharing or otherwise making available such Content on the Website or by using the Services. While each User must comply with these Terms and non-complying may result in termination of the Change User Account, use of the Website or Services, the Company does not undertake to monitor such compliance and may act where non-compliance is detected as shall be decided in accordance with its sole discretion, as described in these Terms.

The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Website or Services or combination thereof, including any injury or damage to Users or to any person’s computer, mobile phone or any other device related to or resulting from participation or downloading materials in connection with the Website or Services. Under no circumstances shall the Company be responsible for the conduct of third parties, including any Users, whether online or offline, and operators of external sites.

In no event shall the Company or any of its officers, directors, shareholders, advisors, employees, agents, anyone acting on Company’s behalf or affiliates be liable to you for any indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the Website or Services, whether or not the damages are foreseeable and whether or not the Company has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification

User shall defend, indemnify and hold the Company harmless from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which the Company may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any breach of these Terms by the User or any use by the User of the Website or Services not in accordance with applicable law.

Governing Law; Disputes; Arbitration; Injunctive Relief, No Class Actions

These Terms shall be governed by the internal laws of the State of New York with regard neither to conflicts of law principles nor to the choice of law principles. Any dispute with Change, or its officers, directors, shareholders, advisors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively through arbitration as set forth in the Section below, except with respect to potential imminent harm to Change requiring temporary or preliminary injunctive relief, in which case Change may seek such relief in any court with jurisdiction over the parties.

Except for disputes relating to your or Change’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); you agree that all disputes between you and Change (whether or not such dispute involves a third party) arising out of or relating to these Terms, the Website, the Services and/or the Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in New York, New York, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and you and Change hereby expressly waive trial by jury. You and Change shall appoint as sole arbitrator a person mutually agreed by you and Change or, if you and Change cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, the application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Change shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court of the Southern District of New York or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards.

Any claim against Change must be brought within one (1) year of the date such claim arose.

Any claims brought by you or Change must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor Change will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and the Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.
These provisions will survive the termination of your relationship with Change.

Enforceability

If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.

You agree that if Change does not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of Change’s rights and that those rights or remedies will still be available to Change.

All covenants, agreements, representations, and warranties made in these Terms shall survive your acceptance of these Terms and the termination of these Terms.

These Terms and Conditions represent the entire understanding and agreement between you and Change regarding the subject matter of the same, and supersede all other previous agreements.

Miscellaneous

Any notices that we may be required to provide to you, whether under law or according to these Terms, may be provided by the Company to any contact information you have provided in your Change User Account information or other, either directly or indirectly, including through email. You expressly agree to the receipt of such communications and notices in such manner.

You may not assign any rights hereunder without our prior written consent. Change may assign its rights or obligations pursuant to these Terms. Nothing contained in these Terms shall be construed to limit the actions or remedies available to the Company with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and the Company reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 Last updated: June 2017

THESE TERMS INCLUDE YOUR CONSENT TO USE OUR SAVINGS SERVICES, WHICH INCLUDES:

  1. YOUR AUTHORIZATION FOR US TO EFFECT ELECTRONIC DEBITS AND CREDITS FROM AND TO YOUR BANK CHECKING ACCOUNT (AS DEFINED BELOW) TO YOUR CHANGE SAVINGS ACCOUNT (AS DEFINED BELOW),
  2. YOUR OPENING OF AN ACCOUNT WITH DWOLLA, INC.,
  3. YOUR UNDERSTANDING AND CONSENT THAT YOUR CHANGE SAVINGS ACCOUNT WILL NOT EARN INTEREST

Change provides web-based services designated to assist individual users to better manage their day-to-day spending and savings, including but not limited to providing them with recommendations related to spending and savings (the “Services”), which are subject to the Change Terms of Use https://gochange.co/terms-of-use/. The Services will also include automated savings services (the “Savings Services”). These Terms of Use (these “Terms“) represent an agreement between you and Change, contain the terms and conditions governing the Savings Services, and are subject to our general Terms of Use and Privacy Policy. As used in these Terms, “Change Savings Account” means the account that you have opened or will open with a designated depository institution in order to receive the Savings Services.

Authorization for ACH Debits and Credits

You agree to authorize Change to electronically debit and credit your designated deposit account at your designated depository institution (your “Bank Checking Account“) via the Automated Clearinghouse (“ACH“), without prior notice of the amount and date of any such transaction. You waive and give up the right to any such notice, you understand that each such ACH debit will result in a credit to your Change Savings Account, that each such ACH credit will result from a debit to your Change Savings Account, and the amounts and frequencies of such transactions may not necessarily be consistent. If any ACH debit or credit was made wholly or partially in error, you also authorize us to correct the error by corrective ACH transactions. Moreover, this authorization is subject to certain limits. Specifically, we debit your Bank Checking Account not more than once per day, and not more than $150 per transaction.

Non-Interest bearing account

Change does not have any rights to the principal amount of the funds it holds on your behalf. You will not be entitled to any interest or other earnings that may accrue with respect to the funds held on your behalf by Change, which you irrevocably transfer and assign to Change. You explicitly understand, acknowledge and agree that any and all fees paid to Change by the bank maintaining the Change Savings Account – including but not limited to any interest or other earnings on the account – represent Change’s reasonable fees for its valuable Savings Services that Change is providing to you.

Withdrawing funds

You may transfer any or all of the funds from your Change Savings Account to your Bank Checking Account (1) by texting “Withdraw” to (650) 399-9020 and following the instructions made by our ChatBot, or (2) logging in to your Change account and following the instructions there to withdraw funds. We will generally transfer the funds within 3-4 Business Days of our receipt of your request. If the available funds in your Change Savings Account are less than the requested transfer amount, then your transfer request will not be complied with at all. We may also transfer funds from your Change Savings Account to your Bank Checking Account at any time without notice to you if your Change Savings Account is closed for any reason, or if required by applicable law, or if we in our sole discretion, suspect or determine that the Services are being used for purposes that we deem to be improper or in violation of these Terms.

Closing of Bank Checking Account

If your Bank Checking Account has been closed for any reason, you may continue to maintain your Change Savings Account, but we will not permit you afterwards to withdraw only part of the funds in your Change Savings Account. If at any time you would like to receive all of the funds in the Change Savings Account, you should notify us, by email to support@gochange.co, (a) that your Bank Checking Account has been closed, and (b) that you would like to receive all of the remaining funds in your Change Savings Account. After we walk you through a verification process, the remaining funds in your Change Savings Account will be withdrawn via check, which will be sent to your verified address via regular postal mail.
If you know in advance that you want to close your Bank Checking Account or that the Bank Checking Account needs to be closed for any reason, then at least three Business Days prior to such closure, you should (a) text WITHDRAW ALL to us at (650) 399-9020, or (b) login to your Change account, navigate to the Savings tab (http://gochange.co/account/savings), tap on the ‘Options’ button and choose the ‘withdraw all funds’ option. We will then send you all of the remaining funds in your Change Savings Account. If we do so before your Bank Checking Account is closed, then we will do so by ACH transfer. If done after the Bank Checking Account is closed, then we will do so by check, which will be sent to your verified address via regular postal mail, after we will have walked you through a verification process.

Savings Bonuses

Savings Bonuses are subject to limitations. Every 3 months since your initial signup, we calculate your average daily Change Savings balance for the previous 3 months. The quarterly Savings Bonus amount will be calculated as your current Savings Bonus rate divided by four, then multiplied by your average Change Savings balance. You can see your current Savings Bonus rate by logging in to your account at https://gochange.co/account/savings. The current Change Savings Balance limit is $2,000 and is subject to change. Accordingly, the maximum yearly Savings Bonus you can earn is $60, given a maximum average Savings Balance of $2,000 throughout the entire year. We deposit the Savings Bonus directly into your Change Savings account, where you will see a transaction labeled “Savings Bonus”. To be eligible to receive the Savings Bonuses, your Change Savings account has to be active, with Auto-Saving turned ON and have an active link to your Bank Checking account.

Dwolla Terms of Service & Dwolla Privacy Policy

We use a service provided by Dwolla, Inc. (“Dwolla“) to transfer funds between your Bank Checking Account and your Change Savings Account. Dwolla is the operator of a software platform that will communicate our instructions for ACH funds transfers to its financial institution partners. In order to provide you with the Savings Services, you must open an ‘Access API’ account provided by Dwolla, Inc., and you must accept the Dwolla Terms of Service and Dwolla Privacy Policy.

You authorize us to share your account data with Dwolla for the purposes of opening and supporting your Dwolla account. You understand that you cannot access your Dwolla account, and Dwolla account notifications (if any) will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached by emailing us at support@gochange.co, or texting HELP or SUPPORT at (650) 399-9020.

FDIC Insurance

All Change Savings Accounts are maintained together at an FDIC insured bank. Once your funds have been transferred to your Change Savings Account, then your change savings account will be separately insured by the FDIC up to a balance of $250,000. In the event that you have any other funds on deposit at First Republic Bank, those funds and the funds in your Change Savings Account will be added together for purposes of determining whether your total funds are within the applicable FDIC insurance limit.
However, as mentioned, we use Dwolla’s service to make ACH transfers from your Bank Checking Account to your Change Savings Account. Dwolla is an agent of Veridian Credit Union and Compass Bank, and for several days, all funds that are so transferred will be held in the Dwolla network in pooled accounts at one or both of these institutions.
During this transit period, while your funds are temporarily at these Dwolla financial institutions, your funds:
– WILL *NOT* BE ELIGIBLE FOR INDIVIDUAL FDIC INSURANCE, AND
– MAY *NOT* BE ELIGIBLE FOR SHARE INSURANCE BY THE NATIONAL CREDIT UNION SHARE INSURANCE FUND.

ACCORDINGLY, IF ONE OR BOTH OF THESE INSTITUTIONS SHOULD EVER BECOME INSOLVENT, YOU MAY STAND TO LOSE MUCH OR ALL OF THE FUNDS THAT ARE TEMPORARILY HELD ON YOUR BEHALF IN THE DWOLLA NETWORK. YOU ASSUME SOLE RESPONSIBILITY FOR ANY AND ALL SUCH LOSSES. WE ASSUME NO SUCH RESPONSIBILITY, AND YOU RELEASE US AND INDEMNIFY US FROM ANY AND ALL LIABILITY TO YOU AND OTHERS WITH RESPECT TO THE LOSS OF ANY OR ALL OF SUCH FUNDS THAT ARE TEMPORARILY HELD FOR YOU IN THE DWOLLA NETWORK.

ACH Returns

If you want to withdraw all or some of the funds from your Change Savings Account and transfer them to your Bank Checking Account, the methods described in the above two sections (the “Authorized Withdrawal Methods”) are simple and quick, and they enable us to know and accurately keep track of the movements of your funds. In order to move funds from your Change Savings Account to your Bank Checking Account, there ought to be no need or reason to initiate a so-called return of any ACH transfer of funds from your Bank Checking Account to your Change Savings Account (an “ACH Return”).
1. In order to allow us to maintain accurate records of your funds in both accounts, you acknowledge, understand and agree that you will not initiate any such ACH Return, unless (a) you know that the Authorized Withdrawal methods will not effect a Change Savings Withdrawal, and (b) you have notified us in writing in advance that you plan to do so.
2. (a) If you have effected one or more Change Savings Withdrawals and previously, simultaneously or subsequently have initiated one or more ACH Returns, then we may in our discretion initiate an ACH return of each such Change Savings Withdrawal, and you acknowledge, understand and agree that we are authorized to do so.
3. You acknowledge, understand and agree that each Change Savings Deposit is authorized under these Terms, which you have accepted and agreed to, and that we are relying on such authorization (“Authorization”) in effecting each Change Savings Deposit and each Change Savings Withdrawal. Accordingly, any ACH Return pursuant which (a) you claim to have revoked the authorization for us effect any specific ACH transaction, or (b) you stop payment of any ACH transaction effected by us, or (c) you claim that any specific ACH was unauthorized, improper, ineligible or part of an incomplete transaction represents a breach of your agreement with us and may constitute your theft or conversion of our funds, and we reserve the right to use any and all means consistent with applicable law and these Terms to enforce our legal rights against you.

Miscellaneous

You understand that as a prerequisite to your using the Savings Services, (a) your browser must be equipped with at least 128-bit security encryption; and (b) you must be capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records.
For purposes of these Terms, “Business Day” means Monday through Friday, other than federal banking holidays.

Authorization and Agreements for Change’s Savings Services

When you authorize Change to provide you with the Savings Services, then you explicitly agree to all of the followings:

– I authorize Change to provide the Savings Services.
– I agree to all of the Terms that relate to the Savings Services, including but not limited to that my Change Savings Account will be denominated as a noninterest-bearing account, I will not be entitled to any interest or other earnings that may accrue with respect to the funds held on my behalf by Change, and any and all fees paid to Change by the bank maintaining the Change Savings Account – whether or not any such fee may resemble interest on the account – represent Change’s reasonable fees for its valuable Savings Services that Change is providing to me.
– I agree to the Dwolla Terms of Service and Dwolla Privacy Policy.
– I agree that future transfers to my Change Savings Account will be processed by the Dwolla payment system from my Bank Checking Account. In order to cancel this authorization, I will notify you by emailing you at support@gochange.co, or texting “HELP” or “SUPPORT” to (650) 399-9020, or by changing my payment settings within my Change account.
– I UNDERSTAND AND AGREE THAT WHILE MY FUNDS ARE IN TRANSIT TO MY CHANGE SAVINGS ACCOUNT, THEY WILL *NOT* BE ELIGIBLE FOR INDIVIDUAL FDIC INSURANCE, AND MAY *NOT* BE ELIGIBLE FOR SHARE INSURANCE BY THE NATIONAL CREDIT UNION SHARE INSURANCE FUND.

HOWEVER, ONCE THE FUNDS HAVE BEEN TRANSFERRED TO MY CHANGE SAVINGS ACCOUNT AT FIRST REPUBLIC BANK, THEN ALL OF THOSE FUNDS (PLUS ANY OTHER FUNDS OF MINE THAT MAY BE ON DEPOSIT AT THAT BANK) WILL BE SEPARATELY INSURED BY THE FDIC UP TO A BALANCE OF $250,000.

PLEASE PRINT OUT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.

Last updated: June 2017

THESE TERMS INCLUDE YOUR CONSENT TO USE OUR PREDICTIVE OVERDRAFT PROTECTION SERVICE, WHICH INCLUDES:

  1. YOUR AUTHORIZATION FOR, US TO EFFECT ELECTRONIC CREDITS TO YOUR BANK CHECKING ACCOUNT (AS DEFINED BELOW), IN ORDER TO EFFECT CASH ADVANCES TO YOU TO ATTEMPT TO PREVENT OR REDUCE OVERDRAFTS IN YOUR BANK CHECKING ACCOUNT; AND
  2. YOUR AUTHORIZATION FOR US TO EFFECT ELECTRONIC DEBITS FROM YOUR BANK CHECKING ACCOUNT, IN ORDER (a) TO EFFECT YOUR VOLUNTARILY PAYMENTS, IF ANY, TO US IN APPRECIATION OF OUR SERVICE, AND/OR (b) TO EFFECT YOUR PAYOFF OF OUR CASH ADVANCES.
  3. YOUR AGREEMENT, ACKNOWLEDGMENT, AND CONSENT THAT THE ABOVE AUTHORIZATION TO EFFECT SUCH ELECTRONIC DEBITS IN ORDER TO PAYOFF OUR CASH ADVANCES WILL APPLY EVEN IF ANY SUCH DEBIT WILL RESULT IN AN OVERDRAFT IN YOUR BANK CHECKING ACCOUNT, OR WILL INCREASE ANY OVERDRAFT THAT ALREADY EXISTS IN THAT ACCOUNT, AND THAT ANY SUCH DEBIT WILL BE MADE WITHOUT PRIOR NOTICE OF THE AMOUNT AND DATE OF ANY SUCH TRANSACTION; YOU WAIVE AND GIVE UP THE RIGHT TO ANY SUCH NOTICE.
  4. YOUR AGREEMENT NOT TO EFFECT A RETURN OF ANY OF THE ELECTRONIC DEBITS EFFECTED TO YOUR BANK CHECKING ACCOUNT, AND IN THE EVENT OF YOUR VIOLATION OF THIS AGREEMENT, YOUR AUTHORIZATION TO US TO EFFECT A RETURN OF ANY AND ALL ELECTRONIC CREDITS TO YOUR BANK CHECKING ACCOUNT.
  5. YOUR ACKNOWLEDGMENT, CONSENT, AND AGREEMENT THAT YOUR TAKING ACTION BASED ON OUR PREDICTION IS AT YOUR SOLE RISK AND RESPONSIBILITY, WITHOUT ANY WARRANTY, RESPONSIBILITY OR LIABILITY ON OUR PART.

Predictive Overdraft Protection™

a service to help you to avoid or reduce overdraft fees and save money by tailoring our unique, exclusive technology to fit your specific spending and income patterns

Change provides web-based services designated to assist individual users to better manage their day-to-day spending and savings (the “Services”), which are subject to the Change Terms of Use https://gochange.co/terms-of-use/. The Services also include automated savings services (the “Savings Services”), which are subject to the Change Savings Services Terms of Use https://gochange.co/terms-of-use/#auto-saving, and an automated service to help consumers to avoid or lessen bank overdrafts ( “Predictive Overdraft Prediction”).

These Terms of Use (these “Terms“) represent an agreement between you and Change, which contain the terms and conditions governing our Predictive Overdraft Protection service (the “POP Service”), and are subject to our general Terms of Use, and our Privacy Policy https://gochange.co/privacy-policy/. As used in these Terms, your “Bank Checking Account” means your designated deposit account at your designated depository institution.

Predictive Overdraft Protection™ (POP) assists you to avoid, or to reduce the risk of, or to reduce the amount of, bank overdrafts and resulting overdraft fees. It uses a patent-pending algorithm that links to your main checking account, analyzes your historical money transactions and uses machine learning to make predictions about your Bank Checking Account (the “Predictions”, each a “Prediction”), including but not necessarily limited to the following:

  1. The system will predict the level of risk of an overdraft at any given time and within the next four (4) days. By logging into your account at https://gochange.co/account/pop, you can check your Overdraft Risk Indicator, which will tell you your predicted overdraft risk level.
  2. When the algorithm predicts that there is an overdraft risk, the system will calculate the amount that it predicts to be required to cover that risk.
  3. If we have extended funds to you to avoid or reduce an overdraft, then the algorithm will predict when your balance has gone back up sufficiently so that a payoff would not result in a great risk of an overdraft.

Without limiting any provisions of, and subject to all provisions of, the Change Terms of Use https://gochange.co/terms-of-use/, all of the following shall apply to the fullest extent permitted by law in each applicable jurisdiction to any and all of the Predictions:

– YOU UNDERSTAND AND ACKNOWLEDGE THAT EACH PREDICTION MERELY REPRESENTS OUR SYSTEM’S ATTEMPT TO PREDICT THE RELEVANT FACTS REGARDING YOUR BANK CHECKING ACCOUNT, THAT WE DO NOT GUARANTEE THE ACCURACY OF ANY SUCH PREDICTION, AND THAT ANY DECISION OF YOURS TO ACT UPON ANY SUCH PREDICTION IS YOUR SOLE RESPONSIBILITY AND AT YOUR EXCLUSIVE RISK.

– WE DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIES OF ANY KIND RELATING TO EACH PREDICTION, AND IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, ADVISORS, EMPLOYEES, AGENTS, ANYONE ACTING ON THE COMPANY’S BEHALF OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY SUCH PREDICTION, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If the algorithm predicts that there is an overdraft risk, the system will send you a text alert with a link to a web page describing the predicted level of overdraft risk and the amount that will be needed to avoid the overdraft according to the prediction.

When you tap the link, you will see the predicted overdraft risk level, the amount we are willing to offer you as a cash advance to cover the predicted risk, and because this amount is based on a Prediction, we generally will also give you an option to receive a slightly lower and a slightly higher amount; provided, however, that if the predicted amount is higher than $1,000, we will not offer to extend you any cash advance. You will then have three options: (1) to accept or dismiss our offer, (2) if you accept the offer, to choose which amount being offered to accept, and (3) to voluntarily pay us an amount that you believe is fair for this service.

After you have chosen the amount of the cash advance, we will initiate a transaction (an “ACH Cash Advance”) that will effect an electronic credit of your Bank Checking Account via the Automated Clearinghouse (“ACH“) and the money is to be deposited into your Bank Checking Account, generally within 1-2 business days. If you choose to voluntarily pay us an amount in appreciation of our service, then an ACH debit transaction (an “ACH Tip”) will be initiated, and that donation amount will be debited from your Bank Checking Account, generally within 1-2 business days.

Payoff

The system will initiate a payoff process in the form of an ACH debit transaction (an “ACH Payoff”) from your Bank Checking Account (a) when your balance goes back up sufficiently so that the algorithm predicts that the payoff would not result in a great risk of an overdraft, or (b) after 5 business days, whichever comes first.

You agree and promise to pay the full principal amount of the ACH Cash Advance in accordance with the timetable outlined above, and you authorize us to effect the ACH Payoff and/or you agree and promise to pay the full principal amount of the ACH Cash Advance as set forth above, even if it will result in an overdraft in your Bank Checking Account or will increase the overdraft that already exists in your Bank Checking Account.

If the payoff results in such an overdraft or results in such an overdraft increase, we reserve the right, but we are not obligated, to offer you a new cash advance that may eliminate or reduce the amount of the overdraft.

Authorization for ACH Debits and ACH Credits

  1. You agree and authorize Change to effect ACH Advances as ACH credits to your Bank Checking Account, in accordance with your electronic and/or online instructions to Change.
  2. You agree and authorize Change to effect ACH Tips, if any, as ACH debits from your Bank Checking Account, in accordance with your electronic and/or online instructions to Change.
  3. You agree and authorize Change to effect ACH Payoffs as ACH debits from your Bank Checking Account, in accordance with the terms set forth above, without prior notice of the amount and date of any such transaction. You waive and give up the right to any such notice, you understand that each such ACH debit will result in a debit from your Bank Checking Account, and the amounts and frequencies of such transactions may not necessarily be consistent. You agree, acknowledge and consent that the above authorization to effect any and all such ACH debits will apply even if any such ACH debit will result in an overdraft in your Bank Checking Account, or will increase any overdraft that already exists in your Bank Checking Account.
  4. If any ACH debit or credit was made wholly or partially in error, you also authorize us to correct the error by corrective ACH transactions. Moreover, this authorization is subject to certain limits, as set forth above.

ACH Returns

  1. You acknowledge, understand and agree that each ACH Tip and each ACH Payoff is authorized under these Terms, which you have accepted and agreed to, and that we are relying on such authorization (“Authorization”) in effecting each ACH Cash Advance. Accordingly, you agree that you will never effect a so-called return or stop-payment of any ACH Tip or ACH Payoff (an “ACH Return”).
  2. You acknowledge, understand and agree that any ACH Return pursuant which (a) you claim to have revoked the authorization for us effect any specific ACH debit transaction, or (b) you stop payment of any ACH debit transaction effected by us, or (c) you claim that any specific ACH debit transaction was unauthorized, improper, ineligible or part of an incomplete transaction, represents a breach of your agreement with us, and may constitute your theft or conversion of our funds, and we reserve the right to use any and all means consistent with applicable law and these Terms to enforce our legal rights against you. Moreover, if any such ACH Return is made pursuant to an affidavit or a written statement under penalties of perjury, then to the extent that such affidavit or statement contradicts such Authorization, it may constitute a criminal violation under relevant state or federal law.
  3. Since each ACH Cash Advance is effected in reliance on your Authorization of all ACH Tips and ACH Payoffs, and on your agreement that you will never effect an ACH Return of any ACH Tip or ACH Payoff, acknowledge, understand and agree that if you should ever effect any ACH Return of any ACH Tip or ACH Payoff, we reserve the right to effect an ACH return of any or all of our ACH Cash Advances to you.

Fees; Interest; Voluntary Donations

Our Predictive Overdraft Protection™ service is free. There are no fees or interest charges on the cash advances you receive from us in order to avoid or reduce overdraft fees.

Our business is based on voluntary payments from members of our community like you, based on what you think is fair, and we anticipate that every tip should help more Americans to avoid or reduce overdraft fees and to support our business operations. At the time of each advance, you should pay what you think is fair to give. Please keep in mind that for every voluntary donation, 60% of your payment goes towards funding the free cash advances that we provide to our community, and 40% is used to support our operations.

Eligibility to use Predictive Overdraft Protection™

To become eligible for the POP Service, you need to satisfy all of the following conditions:

  1. You must have a Bank Checking Account with one of our supported banks;
  2. Must have had at least 4 full calendar months of money transactions history;
  3. Must have experienced at least 3 active days per month;
  4. Must have had at least $1,000 income per calendar month; and
  5. You were charged fewer than 10 overdraft fee charges during the last 120 days.

However, we reserve the right not to provide the POP Service to anyone for any reason whatsoever in our discretion, so long as our reason does not violate any of the nondiscrimination laws of the United States or of any state and otherwise is not unlawful.

If you believe that you meet all of the eligibility criteria listed above but we have declined to provide you with this service, you may ask us to reconsider the decision by contacting us via email at support@gochange.co.

Dwolla Terms of Service & Dwolla Privacy Policy

We use a service provided by Dwolla, Inc. (“Dwolla“) to transfer funds between your Bank Checking Account and your Change Savings Account. Dwolla is the operator of a software platform that will communicate our instructions for ACH funds transfers to its financial institution partners. In order to provide you with the service, you must open an ‘Access API’ account provided by Dwolla, Inc., and you must accept the Dwolla Terms of Service and Dwolla Privacy Policy.

You authorize us to share your account data with Dwolla for the purposes of opening and supporting your Dwolla account. You understand that you cannot access your Dwolla account, and Dwolla account notifications (if any) will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached by emailing us at support@gochange.co, or texting HELP or SUPPORT at (650) 399-9020.

Authorization and Agreement for Change’s Predictive Overdraft Protection™

When you authorize Change to provide you with its Predictive Overdraft Protection™, then you explicitly agree to all of the followings:

1. I agree to Change’s general Terms of Use https://gochange.co/terms-of-use/#general, and to Change Privacy Policy https://gochange.co/privacy-policy/.

2. I agree to the Dwolla Terms of Service and Dwolla Privacy Policy.

3. I agree that future transfers to and from my Bank Checking Account will be processed by the Dwolla payment system. In order to cancel this authorization, I will notify you by emailing you at support@gochange.co, or texting “HELP” or “SUPPORT” to (650) 399-9020, or by changing my payment settings within my Change account.

– I AUTHORIZE CHANGE TO PROVIDE ME WITH ITS PREDICTIVE OVERDRAFT PROTECTION™ SERVICE.

– I AUTHORIZE CHANGE TO EFFECT ELECTRONIC CREDITS AS ACH CASH ADVANCES TO MY BANK CHECKING ACCOUNT IN ORDER TO ATTEMPT TO PREVENT OR REDUCE OVERDRAFTS IN MY BANK CHECKING ACCOUNT).

– I AUTHORIZE CHANGE TO EFFECT ELECTRONIC DEBITS AS ACH TIPS FROM MY BANK CHECKING ACCOUNT.

– I AUTHORIZE CHANGE TO EFFECT ELECTRONIC DEBITS AS ACH PAYOFFS FROM, MY BANK CHECKING ACCOUNT WITHOUT PRIOR NOTICE OF THE AMOUNT AND DATE OF ANY SUCH TRANSACTION.

– I WAIVE AND GIVE UP THE RIGHT TO ANY SUCH NOTICE, I UNDERSTAND THAT EACH SUCH ACH DEBIT WILL RESULT IN A DEBIT FROM MY BANK CHECKING ACCOUNT, AND THE AMOUNTS AND FREQUENCIES OF SUCH TRANSACTIONS MAY NOT NECESSARILY BE CONSISTENT.

– I AGREE, ACKNOWLEDGE AND CONSENT THAT THE ABOVE AUTHORIZATION TO EFFECT ANY AND ALL SUCH ACH DEBITS WILL APPLY EVEN IF ANY SUCH DEBIT WILL RESULT IN AN OVERDRAFT IN MY BANK CHECKING ACCOUNT, OR WILL INCREASE ANY OVERDRAFT THAT ALREADY EXISTS IN YOUR BANK CHECKING ACCOUNT.

– I AGREE THAT I WILL NEVER EFFECT AN ACH RETURN OF ANY ACH TIP OR ACH PAYOFF, AND I ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ANY ACH RETURN MAY REPRESENT A BREACH OF MY AGREEMENT WITH CHANGE, AND MAY CONSTITUTE MY THEFT OR CONVERSION OF CHANGE’S FUNDS, AND CHANGE RESERVES THE RIGHT TO USE ANY AND ALL MEANS CONSISTENT WITH APPLICABLE LAW AND THESE TERMS TO ENFORCE ITS LEGAL RIGHTS AGAINST ME, INCLUDING THE RIGHT TO EFFECT AN ACH RETURN OF ANY OR ALL OF ITS ACH CASH ADVANCES TO ME, AND YOU AUTHORIZE CHANGE TO EFFECT ACH RETURNS OF ANY AND ALL OF ITS ACH CASH ADVANCES TO ME.

– I ACKNOWLEDGE, CONSENT AND AGREE THAT MY TAKING ACTION BASED ON CHANGE’S PREDICTION IS MY SOLE RISK AND RESPONSIBILITY, WITHOUT ANY WARRANTY, RESPONSIBILITY OR LIABILITY ON CHANGE’S PART.

– I AGREE TO ALL OF THE ABOVE TERMS OF USE FOR THE PREDICTIVE OVERDRAFT PROTECTION™ SERVICE.

PLEASE PRINT OUT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.

© 2017 Change Labs Inc. All rights reserved.