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TILL FINANCIAL’S TERMS OF SERVICE

Last updated November 18, 2020

Welcome to Till!

These Terms of Service (“Terms”) between Till Financial, Inc., its subsidiaries, affiliates, agents, service providers, and assigns (“Till,” “us,” “we,” or “our”) and you (“you,” or “your”), the end user of our website (https://www.tillfinancial.io/) (“Website”) and mobile application (“Application”), govern your use of our services, products, features, functions, technologies, and content we may offer through our Website and Application, which we refer to collectively as our “Services”. These Terms are a legally binding agreement between you and Till.

We reserve the right, at our sole discretion, to change these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. Any changes will become effective when posted. Your continued use of our Services after changes are posted constitutes your acceptance of the new Terms.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TILL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

We have partnered with Coastal Community Bank, a Federal Deposit Insurance Corporation-insured depository institution, to provide the Services. Till does not hold funds; any funds that are added to your Till Account (described below) are solely held by Coastal Community Bank. When an Owner signs up for a Till Account with us, he or she agrees to the Till Deposit Account Agreement and Coastal Community Bank Privacy Policy and Privacy Notice through this agreement as a condition to creating a Till Account. If there is a conflict between the provisions in these Terms and the Till Deposit Account Agreement, the provisions in these Terms will control only to the extent of the conflict.

You authorize us to share any of your information with Coastal Community Bank. It is your responsibility to make sure data you provide us is accurate and complete

Till will provide you with any and all notifications as well as all customer support related to your Account. Please contact us if you have any questions at support@tillfinancial.io.

In addition, when using our Services, you will be subject to any additional terms applicable to our Services, including our Privacy Policy that apple to Till Account customers. All such terms are incorporated by reference into these Terms.

For purposes of these Terms, our business days are Monday through Friday, excluding Federal holidays.

1. Communications

When you sign-up for a Till Account, we will request your mobile telephone number. We request this information in order to send you security confirmation text messages and information about your account and our services. By clicking or tapping to indicate that you agree, you are telling Till that you consent and agree to accept and receive communications from us, including via email, text message, calls and push notification to the mobile telephone number you provide us. As part of this consent, Till, or someone on our behalf, may send you communications generated by automatic telephone dialing systems and/or deliver prerecorded messages that include (i) security confirmation messages; (ii) communications about your account (such as transfers you requested or received), (iii) communications about use and updates to the Services, and (iv) other information concerning your Till Account and the Services. Till does not charge you when we communicate with you via text message, but your phone carrier will apply standard text messaging charges and data rates.

You consent to being contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any purpose, at any telephone number, or physical or electronic address you provide or at which you may be reached.

2. Use of Services; Authorized Users

You can sign up for a Till Account only if you are 18 years old or older and can lawfully enter into and form legally binding contracts. You may be permitted to add one or more person to use our Services through your Till Account (each, an “Authorized User”). You agree to provide us any information we request about an Authorized User. Authorized Users may include your minor child(ren). Any minor who uses our Services must do so only as authorized by their parent or legal guardian, who must themselves be of majority age. You acknowledge that these Terms will apply to you and each Authorized User, and you accept these Terms on behalf of yourself and each Authorized User. You further agree to and accept full responsibility for any Authorized User’s use of our Services, including (A) any transactions made by an Authorized User; (B) any transaction made by an Authorized User even if the post date shown on your statement for that transaction occurs after the date you ask us to remove the Authorized User from your Till Account; (C) any transaction made by others if an Authorized User allows them to use your Till Account; (D) fees and charges resulting from any transaction made by an Authorized User or others if an Authorized User allows them to use your Till Account; and (E) any other financial charges and legal liability that an Authorized User may incur in connection with the Authorized User’s use of your Till Account. You allow us to discuss your Till Account with any Authorized User, which includes giving him or her access to your transaction history and Till Account information. You also agree that an Authorized User may use and receive information about your Till Account the same way you do. By adding an Authorized User, you represent that you have permission from the Authorized User to allow us to share information about him or her. This includes information we may get from you, any Authorized User, and information about the Authorized User’s transactions and use of our Services. We may suspend or terminate any Authorized User at any time and for any reason.

3. Services Description

Through your use of our Website and Application, you may create a Till dashboard account (“Till Account”) that allows you to manage our Services and other products and services third parties may provide to you, including payments functionality.

Family Members. Till Accounts are shared by a group of users (a “Family”), each of whom falls into one of four categories:

  • Owners. The “Owner” is the user who creates the Family and opens the account with Coastal Community Bank when the Till Account is created. The Owner can fund the primary Till Account (the “Holding Account”) via automated clearinghouse (“ACH”) transfers the Owner initiates from an external linked bank account (“Funding Account”).

  • Admins. An Owner can invite one or more “Admins” to join the Family. Admins are Authorized Users who can do anything Owners can do other than creating the Family and opening the bank account with Coastal Community Bank.

  • Children. An Owner or Admin can invite a “Child” or “Children” to join the Family. Each Child receives a “Save Account” and “Spending Account” (described below), each of which is a sub- account of the “Holding Account,” as well as a virtual debit card. An Owner or Admin may also request a physical debit card for a Child or Children. Debit cards are issued by Coastal Community Bank. Children can use debit cards to make payments to third parties and to make withdrawals at automated teller machines (“ATMs”). A Child is an Authorized User.

  • Community Member. An Owner or Admin can invite “Community Members” to a Family. Community Members are not Authorized Users and can only add money from a Funding Account to a Child’s Save Accounts and Spending Accounts.

Save Accounts and Spending Accounts. “Save Accounts” and “Spending Accounts” are sub-accounts of the Holding Account that are assigned to each Child. Owners, Admins, and Community Members can add funds to Save Accounts and Spending Accounts on a one-time or recurring basis, as well as on the occurrence of specific events that can be tracked in the Application, for example, by making “matching” transfers or transfers that represent “interest.” These terms are used for the purpose of furthering financial literacy and do not refer to a “savings account” or “interest” in any legal sense. Neither Coastal Community Bank nor Till pays interest to a Save Account or Spending Account. A Child does not have any claim against Coastal Community Bank or Till for any interest, transferred or not transferred, to a Save Account or Spending Account by an Owner, Admin or Community Member. Children can transfer funds between their own Save Accounts and Spending Accounts and can also transfer funds to the Holding Account. A Child’s personal information, including but not limited to established spending parameters, pending transactions, approved purchases, and transaction history will be shared with the Owner and Admin(s). A Child may only prevent this sharing by closing his or her Save Account and Spending Account.

Tasks and Savings Goals. Owners and Admins can create and approve completion of tasks in the Application. Children can indicate task completion in the Application. Owners and Admins can also create and close savings goals for Children, and Children can create and close savings goals for themselves.

The Services are meant to assist you in managing the saving and spending activities of the Child or Children and are not intended to provide legal, tax or financial advice. We reserve the right at any time to add to, change, suspend or discontinue any of our Services, change the fees charged in connection with our Services, or close your Till Account, with or without notice to you. However, we will always notify you when the law requires us to update you regarding any changes. We are not responsible for products or services that are provided by any third party.

4. Third-Party Providers

We use third parties to gather and verify information about your financial accounts, including obtaining your authority and right to access these accounts, as well as manage and initiate transactions involving your accounts. You agree to provide true, accurate, complete, and current information about yourself and your accounts. You authorize us and these third parties to access the websites and sources of your financial accounts, on your behalf, and to gather information about you. You agree to the transfer, storage, and processing of your information by these third parties in accordance with their respective privacy policies. You give us and these third parties a limited power of attorney and appoint us and these third parties as your true and lawful attorney-in-fact and agent with full power of substitution and re- substitution for you and in your name and place, in any capacity, to access third-party websites and sources, servers, or documents, retrieve information, and use this information, with full power and authority, to do anything with the information in connection with our Services. You license to us and these third parties any information, data, passwords, materials, or other content gathered. You agree that we and these third parties may use, modify, display, and distribute this content, create new material with it, and do the same with any new material. You understand and agree that our Services are not endorsed or sponsored by these third parties and that these third parties are third-party beneficiaries of these Terms with respect to the services provided by these third parties. One such third party is Plaid Technologies, and its privacy policy is available at https://plaid.com/legal.

5. Lost or Stolen Credentials

IF YOU BELIEVE YOUR USER NAME, PASSWORD, OR OTHER SECURITY CREDENTIAL HAS BEEN LOST OR STOLEN, OR AN ACH HAS BEEN MADE WITHOUT YOUR PERMISSION, NOTIFY US AT ONCE BY EMAILING US AT support@tillfinancial.io.

6. Transaction History

You will be able to see your transaction history on your Till Account through our Website or Application. If you have any questions about these transactions, contact us at support@tillfinancial.io.

7. Safety

For your safety, and for the safety of all of our customers, we require you to agree to the following:

  • You will not violate any law;

  • You will not infringe on our intellectual property rights or rights of publicity or privacy;

  • You will cooperate in any investigation we deem necessary and you will provide confirmation of your identity or any information you give to us;

  • You will not act in any way that is defamatory, trade libelous, unlawfully threatening or harassing;

  • You will not use an anonymizing proxy;

  • You will not attempt to use our Services by fraudulent, unlawful or inappropriate means of any kind, including the use of a bank account to which you do not have legitimate access;

  • You will not use any automatic device or manual process to monitor or copy our Website;

  • You will not control or access an account at a financial institution that directly or indirectly has engaged in any of these restricted activities;

  • You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

  • You will not facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;

  • You will not use any device, software or routine to interfere or attempt to interfere with our Services; and

  • You will not take any action that may cause us to lose any of our servers from our Internet service providers, payment processors, or other suppliers.

We also urge you to think carefully before sending funds to an unknown person.

8. Account Security and Responsibility

Any activity on your Till Account is your responsibility. We recommend choosing a strong password that you do not use elsewhere. For security reasons, we require you to agree to the following:

  • You will not create a Till Account using fake information;

  • You will not create another Till Account after we have suspended or otherwise limited access to an existing Till Account of yours, unless we give you written permission to do so;

  • You will not buy, sell, rent, or lease access to your Till Account;

  • You will not share your user name, password or other security credential; and

  • You will keep your contact information complete and accurate at all times.

9. Termination

We may terminate, suspend or limit these Terms with you at any time, for any reason, and without advance notice. This means we can stop providing you with any Services, or impose new or additional limits without notifying you. However, we will always notify you when the law requires us to update you regarding any changes. The following sections of these Terms will survive any termination, suspension or expiration of these Terms: Sections 10 and 12-22.

10. Privacy and Data Security

The privacy of your information is important to us. Our Privacy Policy explains in detail how we manage your information when you use our Services. Please review the Privacy Policy closely, because you must agree to the policy before using our Services.

We and our third-party service providers may use your data, including your financial information, to improve our Services. We and our third-party service providers may use anonymous, aggregate financial information to perform analytical research, engage in performance tracking or benchmarking, or to publish, distribute, or license the aggregated, anonymous research data for any purpose.

We protect your sensitive data according to an internal information security policy and program, and as required by law. Despite our best efforts, you understand that transmissions on the Internet and electronic storage cannot always be secure.

You are responsible for safeguarding your username, password, and other security credentials used to access our Services. If you do not safeguard your login information, you will be responsible, within any limits imposed by law, for any loss associated with unauthorized use of your Till Account.

11. Dispute Resolution

11.1. Governing Law

These Terms will be governed according to the laws of the Commonwealth of Massachusetts, and all activities performed in connection with our Services will be deemed to have been performed in Massachusetts. Any controversy, dispute, or claim arising out of or relating to our Services or these Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, except the provisions concerning conflicts of law.

11.2. Disputes

If a dispute arises between you and us, our goal is to learn about and address your concerns, so please send us a message at support@tillfinancial.io. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly.

11.3. Arbitration

THIS SECTION AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS.

To resolve disputes in the most expedient and cost-effective manner, you and Till agree that any dispute arising in connection with our Services will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief on an individual basis that a court can award.

Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of our Services, whether based in equity, contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of our Services. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of these Terms.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TILL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION.

We both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our right to (a) bring an individual action in small claims court, or (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available.

Any arbitration between you and Till will be governed by the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by these Terms. For information on the AAA, please visit its website, http://www.adr.org. Your arbitration filing fees will be governed by the AAA Rules. If it is determined by the arbitrator that you cannot afford such fees, Till will pay all arbitration fees and expenses. If there is any inconsistency between any term of the AAA Rules and these Terms, these Terms will control.

Any arbitration hearings will take place at a location to be agreed upon in Boston, Massachusetts. You or Till may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a nonappearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of both you and us.

YOU AND TILL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

You agree that the enforceability of these arbitration provisions will be determined by the arbitrator as provided in the AAA Rules. You agree that the arbitration provisions of these Terms in effect at the time of demand or action, and not the time of your or our alleged injury, will be the provisions that will be applied by the arbitrator or a court.

11.4. Forum for Disputes

Except as otherwise agreed by the parties in Section 19.3, you agree that any claim that you have against Till must be resolved by a court located in Suffolk County in the Commonwealth of Massachusetts. You agree to submit to the personal jurisdiction of the courts located in Suffolk County, for the purpose of litigating any claim.

12. Disclaimer of Warranties

OUR SERVICES AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR EMPLOYEES, CONTRACTORS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO OUR SERVICES AND ALL INFORMATION INCLUDED IN OR ACCESSIBLE FROM OUR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make reasonable efforts to make our Services available, but we make no representations or warranties regarding our Services, including the time needed to complete transaction processing because our Services are dependent on many factors outside our control. We do not have control over merchants’ delivery of goods or services paid for using our Services and cannot ensure merchants will deliver goods or services or the quality of goods or services. Some jurisdictions do not allow the disclaimer of implied warranties, so this disclaimer may not apply to you.

13. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TILL, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, EXPENSES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) CAUSED BY, ARISING FROM OR RELATING TO YOUR USE OF OUR SERVICES.

14. Setoff

If you owe us any amount, you give us a security interest in your Till Account and your funds held in any pooled account. You also give us the right, to the extent not prohibited by applicable law, to set off against your funds to pay the amount owed to us. You agree that the security interest you have given us is consensual and is in addition to our right of set off. If we exercise our right of set off, we will notify you to the extent required by applicable law.

15. Limitation of Liability

YOU AGREE THAT ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK. EXCEPT AS REQUIRED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY HARMS RELATED TO OUR SERVICES, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH HARMS. OUR MAXIMUM LIABILITY FOR ALL CLAIMS, ACTIONS, PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, EXPENSES AND COSTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE OUR SERVICES OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, in which case, this limitation may not apply to you.

16. Intellectual Property

We own all right, title, and interest in our Services and associated software and technology. This means that everything on our Website and Application (for example, text, graphics, links, logos, images) is our intellectual property. You agree not to use our intellectual property for any purpose.

The technology and software underlying our Services or distributed in connection with our Services are the property of Till and its affiliates (the “Software”). Subject to the terms and conditions of these Terms, Till grants you a non-transferable, non-sublicensable, non-exclusive, and revocable right and license to use the object code of any Software on your device(s) solely to use our Services as intended, provided that you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly given in this Section are reserved by Till.

17. No Waiver

If we do not enforce any provision in these Terms, it will not be considered a waiver.

18. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

19. Invalidated Provisions

If an arbitrator or court finds any provision to be invalid, you and we agree that the arbitrator or court should give valid effect to the intention of that provision, and that the remainder of the Terms remain in full force and effect.

20. Entire Agreement

These Terms, our Privacy Policy and any additional terms referenced in these Terms make up the entire agreement between you and us, and supersede any prior agreements.

21. Reservation of Rights

We reserve all rights not expressly granted to you.

22. Contact Information

Till wants to hear your comments, concerns, suggestions, or questions. Send us a message at support@tillfinancial.io or through our Application.

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    Banking services provided by Coastal Community Bank, Member FDIC. Till accounts are FDIC insured up to $250,000 per depositor through Coastal Community Bank, Member FDIC. The Till Visa Card is issued by Coastal Community Bank pursuant to license by Visa U.S.A. Inc. Apple®, App Store®, and iPhone® are registered trademarks of Apple Inc.

Banking services provided by Coastal Community Bank, Member FDIC. Till accounts are FDIC insured up to $250,000 per depositor through Coastal Community Bank, Member FDIC. The Till Visa Card is issued by Coastal Community Bank pursuant to license by Visa U.S.A. Inc. Apple®, App Store®, and iPhone® are registered trademarks of Apple Inc.