TILL FINANCIAL’S TERMS OF SERVICE
Last updated 25 March 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.
For purposes of these Terms, our business days are Monday through Friday. Holidays are not included.
1. Consent to Doing Business Electronically
Because our platform operates on the Internet and mobile devices, you consent to transact business with us electronically. You agree that we may provide notices to you by electronic means, for example, by posting it on our Website, sending you an in-Application message, emailing it to any email address that you have provided us, or sending it as a text message to any mobile phone number that you have provided us. We may also send notices to you by mail to any postal address that you have provided us. All notices by any of these methods will be deemed received by you no later than the earlier of when received or posted, or 24 hours after sent, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received or 3 business days after it is mailed.
You consent to be 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. You agree we may contact you in any way, including short message service messages (including text messages), multimedia messaging service, calls using prerecorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems or automatic texting systems. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one by text.
You consent to receive calls and messages (including prerecorded, artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific numbers you have provided to us, or numbers we can reasonably associate with your Till Account (through skip trace, caller ID capture, or other means), with information or questions relating to you, your Till Account, or our Services. You acknowledge and agree that standard call, message, and data rates apply.
To unsubscribe from text messages at any time, reply STOP to any text message you receive from us. If you unsubscribe, you may be unable to access your Till Account. You consent that following such a request to unsubscribe, you may receive one final text message from us confirming your request and/or providing an alternative to access your Till Account.
2. 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. 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. We are not responsible for products or services that are provided by any third party.
3. Use of Services; Authorized Users
You can use and subscribe to our Services only if you are 18 years 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 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.
4. Credit Report
We may use certain consumer report data in providing you our Services. In order to do this, you have provided “written instructions” in accordance with the Fair Credit Reporting Act (“FCRA”) in order for us to obtain your consumer report and scores from consumer reporting agencies, including TransUnion, Equifax and Experian, (“Credit Report”) which we may use to provide our Services. By providing “written instructions,” you understand that we may obtain your Credit Report at any time for as long as you have your Till Account. When you delete your Till Account, it will automatically cancel the “written instructions” you provided to us to access your Credit Report.
5. Third-Party Providers
6. Dwolla White Label Account
7. Account Balances
You and your Authorized Users cannot use our Services to withdraw or transfer money you do not have. When you initiate a transaction, you must have enough funds in your White Label Account to support that transaction, or the transaction will not be permitted to go through. You are prohibited from having a negative balance on your White Label Account and may not incur overdrafts.
8. ACHs through Dwolla White Label Account
In your Till Account you can initiate the following Automated Clearing House transactions (“ACHs”) which are executed through your White Label Account:
Load funds to your White Label Account from an external bank account linked to your White Label Account;
Withdraw funds from your White Label Account to your linked bank account; and
Transfer funds from your White Label Account to another person’s White Label Account.
Once you initiate an ACH through your Till Account, we pass along your payment instructions to Dwolla in order to complete the transaction. Dwolla sets transaction limits on these transfers, which you should review carefully in the Dwolla Terms of Service. We reserve the right to impose additional limits, which will not exceed and may be less than, the limits set by Dwolla. Limits imposed by use are based on transfer activity and your length of time as a customer. These limits are set for security purposes and are not disclosed for that reason.
We reserve the right to limit the number of external accounts that can be linked for the purpose of transferring funds and may limit functionality by imposing holds, decreasing transfer limits, suspending transfer services, or other measures if unlawful or suspicious activity is found or suspected.
9. Consumer Liability
a. Authorized Transfers. You are liable for all ACHs that you authorize.
b. Unauthorized Transfers. Tell us AT ONCE if you believe the user name, password, or other security credential to your Till Account has been lost, stolen, or otherwise compromised, or if you believe that an ACH has been made without your permission. Emailing us immediately at firstname.lastname@example.org is the best way of keeping your possible losses down. If you do not tell us, you could lose all the money in your external bank account. If you tell us within 2 business days after you learn of the loss, theft, or compromise of your user name, password or other security credential, you can lose no more than $50 if someone made ACHs without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft from your external bank account, and we can prove we could have stopped someone from making the unauthorized transfers if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those initiated through your Till Account, tell us AT ONCE. If you do not tell us within 90 days after the statement was mailed or made available to you, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
c. Error Resolution. In case of errors or questions about your ACHs, message us in-Application or email us at email@example.com soon as you can. We need to hear from you no later than 90 days after we sent or provided you with the FIRST statement on which the problem or error appeared. When you notify us of any suspected error, please provide:
Your name, account number (if any), and best method of contact;
A description of the suspected error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
- The dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we make take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
d. Other Questions
We will not send you a periodic statement listing transactions that you make using your external bank account. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE OUR SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, email us at firstname.lastname@example.org.
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 email@example.com.
10. Transaction History
You will be able to see your transaction history on your Till Account through our Website or Application. We will not send you a periodic statement. If you have any questions about these transactions, contact us at firstname.lastname@example.org.
11. Our Liability for ACHs
If an ACH initiated through your Till Account is not completed on time or in the correct amount, we may be liable for your losses or damages. However, we will not be liable:
If, through no fault of ours, you do not have enough money to make the ACH.
If our system was not working properly and you knew about the breakdown when you started the ACH.
- If circumstances beyond our control (such as fire or flood) prevent the ACH, despite reasonable precautions that we have taken.
There may be other exceptions to our liability as stated in these Terms.
12. Disclosure of Your Information
We will disclose information to third parties about your ACHs you initiate:
Where it is necessary for completing ACHs;
In order to verify the existence and condition of your Till Account or White Label Account for a third party, such as a credit bureau or merchant;
In order to comply with government agency or court orders; or
- If you give us your permission.
Fees are charged in accordance with our Schedule of Fees. We may make changes to our Schedule of Fees at any time and such changes are effective when made.
To the extent you access our Services through a mobile or tablet device, your wireless service carrier’s charges, data rates, and other fees may apply.
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.
15. Right to Stop Transactions
We or Dwolla or its financial institution partners may stop any of your transactions if there is any reason to believe there may be suspicious activity involved or for any other reason, including security or data system concerns, so long as we are not prohibited by law.
If you want to cancel a transfer from your linked external bank account or White Label Account that you initiated, and the transaction has not yet been processed or is pending, you can request to cancel the transaction by contacting us by email at email@example.com.
16. 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.
You can request to delete your Till Account at any time, but you must withdraw all funds before doing so.
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 11, 17, 18 (second paragraph), and 20-31.
18. Privacy and Data Security
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 nay limits imposed by law, for any loss associated with unauthorized use of your Till Account.
19. Identity Verification
You authorize us, directly or through third parties, to validate the information you provide to us. This may include asking you for additional information, requiring you to take steps to confirm your email address or other information, or verifying your information against third party databases or other sources. If you refuse to provide identifying information, we may limit your use of our Services.
20. Dispute Resolution
20.1. 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.
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 firstname.lastname@example.org. 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.
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 or the state you reside, provided that if the claim is for $10,000 or less, 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.
20.4. Forum for Disputes
Except as otherwise agreed by the parties in Section 20.3, 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.
21. 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, 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.
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.
If you owe us any amount, you give us a security interest in your Till Account, White Label 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.
24. 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.
25. 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.
You are responsible for reporting any required Till Account or White Label Account information to tax authorities and paying any taxes related to your Till Account and White Label Account.
27. No Waiver
If we do not enforce any provision in these Terms, it will not be considered a waiver.
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.
29. 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.
30. Entire Agreement
31. Reservation of Rights.
We reserve all rights not expressly granted to you.
32. Contact Information
Till wants to hear your comments, concerns, suggestions, or questions. Send us a message at email@example.com or through our Application.