Fundid Privacy Policy

Effective Date: July 2021

Last updated: December 2022

Your trust and confidence in Fundid Inc. is extremely important to us. Therefore we strive to be transparent, responsive, and respectful in all our practices. Your privacy is important to us. To better inform and protect you, we are providing this notice explaining our online information practices.

This Privacy Policy relates to information collected by Fundid Inc. (hereafter “we”, “our”, “us”), which operates http://www.getfundid.com through your use of our website, Services, features, and information available through such use.

By using our site, Services, features, and information available through such use you expressly agree to the collection and use of information in accordance with this policy.

Information Collection And Use

While using our site, services, features, or the information available through such use, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally, identifiable information may include but is not limited to your name, email, phone number, and the company you work for.

You may be required to establish an account in order to take advantage of certain features of our site or certain Services. If you wish to establish an account, you will be required to provide us with information (including personally identifiable information and non-personally identifiable information). 

In addition, we may obtain your personally identifiable information from you if you identify yourself to us by sending us an e-mail with questions or comments.

Depending on your use of our site or Services, the collected information is of two types: 

• Personally identifiable information – information that identifies you or can be used to identify or contact you. Examples of personally identifiable information include your name, IP address, company name, job title, address, e-mail address, telephone number, and billing and credit card information.
• Non-personally identifiable information - information, any single item of which, by itself, cannot be used to identify or contact you, including demographic information (i.e., age, profession, company industry, gender, current location, or zip code), IP addresses, browser types, domain names, and statistical data involving the use of our site. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your account preferences).

Information Collected

In addition to the information described elsewhere in this notice, we also collect certain information which we deem necessary to operate and continuously provide and improve our site, services, and features. The information collected includes:

• By using our Services, you agree to receive emails from us regarding our Services. We may from time to time send you email messages with information about your use of our Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt-out of receiving our newsletter by emailing support@getfundid.com with “Opt-out” in the subject line or by selecting to unsubscribe as may be provided in the applicable email correspondence.
• Your Use of Our Site, Services - Information about how you use and interact with our site including the pages of http://www.getfundid.com that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
• Log Data – Non-personally identifiable information through your log files including computer's Internet Protocol ("IP") address, browser type, browser version, and other information that your browser automatically sends whenever you visit http://www.getfundid.com.
• Cookies and Tracking Technology - Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer's hard drive. Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our site.

In addition, we may use third-party services such as Google Analytics that collect, monitor, and analyze this information, as well as the overall use of our site.

Use of Information

We do not sell any data, including your personal data. We will only use your information to improve our site, Services, and features and may use your Personal Information to contact you with newsletters, marketing, or promotional materials. You can opt-out at any time.

We will only process your personal data in accordance with applicable data protection and privacy laws. If you registered with us, we must collect certain personal data from you in order to provide you with access to certain portions of our site and Sevices. When you create an account, you will have been asked to indicate your agreement to provide this data in order to access our services. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time.

We retain the right to disclose or provide access to your information and any information we collect to employees, independent contractors, vendors, and suppliers (collectively, “third parties”) to provide specific services and products related to our site or Services. We require these third parties to protect the privacy of your personally identifiable information consistent with this policy and not use or disclose your personally identifiable information for any purpose other than providing us with products or services for which we contracted or as required by law. Any breach by a third party shall render the third party, and not us, liable for any and all damages.

If you do not agree to our use of your personal data in line with this policy, please do not use our platform.

Storage & Security

We will only retain your information for as long as is reasonably required for you to use our site and/or to provide you with the Services unless a longer retention period is required or permitted by law.

The security of your Personal Information is important to us. However, remember that no method of exchange and transmission of data and information over the Internet (whether receiving or transmitting) is 100% secure. Additionally, no method of electronic storage is 100% secure. While we strive to use commercially acceptable means to collect, protect and store your Personal Information, whether by us or by a third party vendor, we cannot guarantee its absolute security.

If this inherent risk is not acceptable to you, please do not access or use our site, Services, features, or the information available through them.

Your Rights

• Opt-out - Contact us anytime to opt-out of: (i) direct marketing communications from us; (ii) automated decision-making and/or profiling based on your use of our site; (iii) our collection of sensitive personal data; or (iv) any additional processing of your personal data. Please note that, upon opting out, your use of certain portions of our site, Services, features, and/or information accessible through them may be rendered ineffective.
• Access - You may access and review the data we hold about you at any time by contacting us directly. 
• Amend – You may update or correct any inaccuracies in your personal data by accessing your account or by contacting us directly. 
• Delete – When the data we hold about you is no longer relevant or is incorrect, you can request that we erase your data by contacting us directly.

Limitations Based on Age

We are committed to protecting the privacy of minors. Our site and Services are not designed for or directed to persons under the age of 18. We do not collect personally identifiable information from any person we actually know who is under the age of 18.

By using our site, Services, features, and information available through such use you certify that you are 18 years of age or older.

California Consumer Privacy

We comply with the California Consumer Privacy Act (hereafter “CCPA”) as set forth by the State of California. If the CCPA applies to your personal information this Privacy Policy provides you with information regarding how to receive information about our privacy practices, as well as request access to, and deletion of your personal information.

We do not sell the personal information we collect, but we do share your personal information as described in this Privacy Policy. For detailed information about the personal information we have collected over the last twelve (12) months and why we collect such information, please see “Information Collected” and “Use of Information.” Those provisions also state that we use cookies and we share this information with third parties.

California consumers may make a request pursuant to their rights under the CCPA by contacting us. Upon receiving a request, we will verify your request using the information provided to us, including your email address. Government identification may be required. You may also designate an authorized agent to exercise these rights on your behalf.

Affiliate Disclaimer

Some of the sections of this site will allow you to purchase different products and services online provided by other merchants, and not us. Some of the links that we post on our site are “affiliate links.” This means if you click on the link and purchase the item, we will receive an affiliate commission.*

We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. In addition, a merchant will likely have privacy and data collection practices that are different from ours. If you make a purchase from a merchant on their site or on a site that we have posted a link to, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected the merchant and us. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

*Disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

Privacy Policy

This Privacy Policy is effective as of July 2021, and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us or by placing.

ADA Statement

Fundid is committed to making our website’s content accessible and user-friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at ada@getfundid.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement.

We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user-friendly.

PATRIOT Act Notice

Affiliate Compensation Disclosures

These Affiliate Compensation Disclosures (the “Disclosures”) are provided by Fundid, Inc. (“Fundid,” “we,” or “our”), and apply to www.getfundid.com (both the mobile and online versions) and all of our other digital properties, including, without limitation, The Friday Fund, Grants for Growth, The Fundid Podcast (collectively, the “Properties”).

Like most digital media companies, we have financial relationships with various affiliates, advertisers, sponsors, and other third parties (collectively, “Affiliates”) whose products, services, and messaging are described in, or appear on, our Properties.  We provide these Disclosures to you because we believe in transparency, and we strive to comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsement and Testimonials in Advertising, which are codified at 16 C.F.R. Part 255.    

Fundid often receives monetary and other forms of compensation from Affiliates for various advertising, sponsorships (such as sponsored posts or sponsored stories within our editorial content), insertion orders, commercial messaging, editorial inclusions, and other promotional campaigns that we feature on our Properties.  Thus, there is often a paid connection between Fundid and an Affiliate with respect to a product, service, or company mentioned, reviewed, or recommended on our Properties.  If you ultimately decide to purchase a product or service mentioned on our Properties, we may receive additional compensation from an Affiliate in connection with that purchase.  This is called an affiliate link.  And, in cases of third-party ads posted on our Properties, we will generally receive some compensation from the third-party advertiser even if you do not purchase anything.     

Whenever there is such an Affiliate relationship, we do our best to clearly and conspicuously disclose it adjacent to, or within the, content.  For example, such a disclosure may state: “This is a sponsored/affiliate post.”

Please be assured that we try to provide true and accurate statements regarding any products, services, or companies mentioned, reviewed, or recommended by Fundid on our Properties, regardless of whether the company is an Affiliate.  And, regardless of any affiliations, we only recommend products, services, or companies that we use personally or believe will be good for our members.

Should you have any questions, comments, or concerns regarding these Disclosures, please contact us at support@getfundid.com.

E-Sign Disclosure

Revised September 21, 2022

1. CONSENT TO USE ELECTRONIC DOCUMENTS AND ELECTRONIC DISCLOSURES

Fundid, Inc. 

Electronic delivery of communications

This Consent to Use Electronic Records and Signatures (the “ESIGN Consent”) covers Fundid. and its affiliates (collectively, “Company”); and (ii) Cross River Bank and its affiliates and service providers (collectively, “Bank,” and individually and collectively with Company, “we,” “our,” or “us”).  For purposes of this ESIGN Consent, the words “we,” “our,” and “us” also mean our assigns. The words “you” and “your” means each person who agrees to this Consent. 

"Disclosures" include, but are not limited to, (1) agreements and policies required to use the Services (e.g., these Terms, the Business Finance Services Terms & Conditions, the Fundid Privacy Policy and Loan Agreements), (2) payment authorizations and transaction receipts or confirmations, and (3) account statements, billing statements, and account histories; and (4) any other disclosures required by law regarding your legal rights and obligations relating to the Services.

By providing your consent as set forth below ("Consent"), you agree to the following:

• Fundid and any Fundid Partner may provide any or all Disclosures either electronically on the Fundid Website or in any Fundid App, through a hyperlink provided on the Fundid Website or in any Fundid App, and, at its sole discretion electronically to the email address or mobile telephone number that you have provided to us.
• Fundid and/or an Fundid Partner may, but is not required to, notify you via email or text message when the Disclosures are available and how to view them, either via the hyperlink, email, or other electronic method described herein. The Disclosures will be provided to you in a format that can either be retained, printed or downloaded for your records.
• Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
• Your Consent applies to any transaction undertaken through the Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
• Your Consent means that Disclosures Fundid and any Fundid Partner provides to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures.

2. MINIMUM REQUIREMENTS.

You understand that, in order to view and/or retain copies of the Disclosures, you will need the following hardware and software:

• A computer or mobile device with an Internet connection or mobile connectivity and the ability to download and run the software described in this Section 2;
• For website-based Disclosures accessed by computer, the computer must have a current operating system and web browser (PCs should be running Windows 7 or higher and Microsoft Edge, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox);
• For Disclosures accessed by mobile application or mobile website, the mobile device must have a current operating system and web browser (for Apple devices, the most current version of iOS or one prior, and for Android devices, the most current version of the Android operating system or one prior), and the most current version of the Fundid App(s) through which you access or use the Fundid Services;
• A current version of a program that accurately reads and displays PDF files (e.g., Adobe Acrobat Reader);
• A valid email address, and, if you use a spam filter that blocks or re-routes emails from senders not listed in your address book, you must permit messages from the Fundid.com domain in your spam filter;
• A working mobile telephone number that can receive text messages; and
• Sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.

We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic Disclosures. Continuing to use the Services after receiving notice of the change is the reaffirmation of your Consent.

3. WITHDRAWING CONSENT.

You are free to withdraw your Consent at any time. If at any time you wish to withdraw your Consent, you can send us your request by submitting a written request to us via email at support@getfundid.com. Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and/or enforceability of electronic Disclosures we sent before your withdrawal of Consent is effective will not be affected. If you withdraw your Consent, Fundid may close or limit access to your account and the Services. You agree to pay any amount owed to Fundid and/or the partner bank even if you withdraw your Consent and we close or limit access to your account.

4. RIGHT TO REQUEST AND RECEIVE PAPER COPIES.

You agree that Fundid may modify or change the methods of disclosure described herein, and that Fundid and/or the partner bank may send you Disclosures in paper form at its option. 

5. UPDATING YOUR INFORMATION

You agree that it is your responsibility to notify Fundid of any changes to your primary email address, phone number, or any other contact information so that Fundid can communicate with you electronically. You agree that Fundid is not responsible for any delay or failure in your receipt of any Disclosure, text message or email notice that is not caused by Fundid's failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.

It is your responsibility to provide us with true, accurate and complete mobile number, e-mail address, contact, and other information related to the Services, and to maintain and update promptly any changes in this information. To update your information, contact Customer Support via email at support@getfundid.com..

6. YOUR CONSENT TO ELECTRONIC DISCLOSURES

Before using the Services, you will be asked for your agreement to the Terms, including the Business Finance Services Terms & Conditions and this Fundid E-Sign Consent Agreement, by clicking "Create Account." This action constitutes your electronic signature and manifests your Consent and agreement to this Fundid E-Sign Consent Agreement.

If you do not provide your Consent, you may not use the Services and must discontinue your use of the Services immediately.

Fundid Card Program Terms of Service

Revised November 17, 2022

These Fundid Card Program Terms of Service (“Card Terms”)  set forth the requirements for your participation in the Fundid Business-Building Card Program (“Program”) and the terms that govern your use of Fundid Business-Building Card (“Card”), including the process for obtaining and managing Cards through your Fundid Account, and the issuance and use of Cards as governed by these terms and your Cardholder Agreement. We may update these Fundid Card Program Terms at any time by delivering Notice, and your continued use of Cards will constitute acceptance of the updated terms.

These Fundid Card Program Terms include an authorization for Fundid to automatically debit your Linked Accounts for amounts owed for use of the Services, including Charges, Fees, Fines, and other transactions you make on Cards.

1. Payment Cards

1.1 Cardholder Agreement

Cards are issued by Cross River Bank (“Issuer”), Member FDIC, or any other bank as identified on the back of physical Cards issued to you, on your Account page on our website, or in relevant program materials provided to you.  You may only use the Program Cards if you consent to the applicable Cardholder Agreement. Please be aware that the Cardholder Agreement may state that (1) Issuers may update Cardholder Agreement at any time by providing Notice to you, and (2) your continued use of the Cards constitutes your acceptance of such updated Cardholder Agreement.

1.2 Linked Accounts

We may use Financial Data from Linked Accounts to:  (1) verify account balances and account information at onboarding; (2) identify spending patterns and potential fraud; (3) determine and review spending limits; (4) analyze and report transactions; and, (5) provide services to you. You must maintain at least one Linked Account at all times and agree that Fundid may directly debit any Linked Account for payment of amounts owed. You may change or update Linked Accounts through your Fundid Account. Use of specific Services or features may also require Fundid to access Company Data through Third-Party Services.  In linking your bank account to your Fundid portal, you attest that this is a business bank account and not a consumer or other type of account, and is not used for personal or household purposes. 

1.3 Spending Limits

A Company’s spending limit is determined by Fundid, at its sole discretion, using their business profile and other data available to Fundid including the applicant’s available funds, trends in available funds, spending patterns, the nature and history of Company’s business, and anticipated use of Cards. Fundid will determine a predefined spending limit for the applicant at onboarding, and may also provide additional restrictions regarding specific transactions or monthly volumes, such as but not limited to “no single transaction may exceed a certain dollar threshold”. Spending limits are dynamic and may be modified by Fundid at any time with or without Notice to you, including temporary increases or decreases, or reducing aggregate or specific spending limits to $0.

1.4 Requesting and Replacing Cards

In order to request a new Card, the account owner must provide their full legal name, contact information, and date of birth, as well as the business name and address. Fundid may also implement multi-factor authentication in the process for requesting replacement cards. Cards may be denied or canceled due to changes in Issuer’s policies, as required by law, or for any other reasons we determine are appropriate in our sole discretion. Cards may be issued to Customers as physical or virtual cards (a Card issued without an associated physical card).

You are responsible for securing Cards, account numbers, and Card security features (including the CVV). You will promptly notify us and take appropriate measures to prevent unauthorized transactions if a Card is lost, stolen, breached, or needs to be replaced. In such cases, the account owner may request the issuance of replacement Cards by Issuers through your Fundid Account. Replacement Cards may have new account numbers that could require you to update the Card on file for any scheduled or recurring payments. You are solely responsible for updating Card information stored with merchants where account numbers have been changed.

1.5 Using Cards and Unauthorized Use

Customers may only use Cards for bona fide business-related Charges and transactions, and not for personal, family, or household purposes.  You understand that your Fundid Account is commercial in nature and that certain consumer protection laws, such as the Credit Card Consumer Accountability, Responsibility, and Disclosure Act of 2009, do not apply to this Account. You agree that all Charges and other transactions in your account will be treated as business transactions made solely for business purposes.

You agree to establish and maintain controls designed to ensure that the Card is only used by the Account Owner for bona fide Company business purposes and in compliance with these Fundid Card Program Terms, the Cardholder Agreement, and applicable law. You are responsible for Charges and transactions made by any person given access to Cards even if they are not the person associated with or named on the Card.

Fundid, Issuers, Card Networks, or other intermediary Third-Party Service Providers (including merchant acquirers) may deny or reverse Charges for any reason. Fundid is not responsible for any losses, damages, or harm caused by any Charges that are denied or reversed.

All Customers are subject to all terms, agreements, and policies incorporated by reference, including these Fundid Card Program Terms and Issuer Terms, and must comply with all of the User Terms. Company is responsible for ensuring that they read, understand and comply with their obligations with respect to use of the Cards and the Services. 

You must notify us immediately by calling us at support@getfundid.com and assist us in our investigation if your Card is lost or stolen or you believe someone is using your Card without your permission. 

1.6 Disputing Charges

You are responsible for reviewing your transaction history promptly and identifying any Charges that you believe are unauthorized or appear in error.

If you and a merchant have a dispute regarding a Charge identified on your Periodic Statement, such as delivery of incorrect goods or services or being charged the wrong amount, you should first attempt to resolve the dispute with the merchant. If the dispute is not resolved to your satisfaction or if you believe the Charge is unauthorized, you may initiate a Chargeback through your Fundid Account by contacting customer support at support@getfundid.com.

You understand that the Fundid Card Program is subject to Card Network rules regarding chargebacks. The Card Networks have established procedures for resolving Chargebacks that may require you to provide details of the disputed Charge or associated documentation.

Charges relating to disputed Charges and Chargebacks will be collected on the payment date if they are pending resolution as of the date that payment is due for the applicable Periodic Statement. Chargebacks resolved in your favor will be credited to your Fundid Account on either the current or a future Periodic Statement. We may impose Fees,  or suspend access to your Fundid Account or the Services if you fail to pay Charges relating to Chargebacks that are pending resolution on the payment date.

2. Payments

2.1 Periodic Statements

You are responsible for payment in full of all Charges, Fees, and Fines. We will provide you Periodic Statements identifying Charges, Fees, Fines, refunds, any other Card transactions, or other amounts owed or credited to your Fundid Account. Periodic Statements may be delivered daily, monthly, or as otherwise described in materials we provide to you when you receive your Card or otherwise indicated by Notice to you. You must notify us promptly if you believe that there are any errors on your Periodic Statement, and submit any disputes or Chargebacks in accordance with these Fundid Card Program Terms.

At the end of each billing cycle, Fundid will automatically debit your Primary Linked Account for all amounts owed as indicated on that Statement and still owed to us. Fundid may debit your Primary Linked Account the business day following the end of a billing cycle that day falls on a weekend or U.S. federal holiday. If an automatic debit fails for any reason, we will attempt to debit your Primary Linked Account again, for the amounts owed 2 days later. You may make additional payments by logging in to your Fundid Account.

2.2 Failure to Pay, Set Off, Collections

If you fail to pay the full amount owed on time, we may attempt to collect amounts owed from your Linked Account, whether or not it is your Primary Linked Account or is currently connected to your Fundid Account. We Fundid may collect partial payments for unpaid amounts from your Linked Account, but any partial payment is not a waiver of our rights and will not satisfy your obligation to pay in full.

Any failure to pay the full amount owed to Fundid when required is a breach of these Fundid Card Program Terms. You are responsible for all costs or expenses that we or Issuers incur in the process of collecting amounts owed but not timely paid, including legal or collections fees.

2.3 Authorization to Debit Linked Accounts, ACH Authorization

THIS SECTION PROVIDES AUTHORIZATION TO AUTOMATICALLY DEBIT YOUR LINKED ACCOUNTS, INCLUDING LINKED ACCOUNTS NO LONGER CONNECTED TO YOUR FUNDID ACCOUNT, FOR ALL AMOUNTS YOU OWE UNDER THESE FUNDID CARD PROGRAM TERMS. PLEASE READ IT THOROUGHLY.

Your Authorization to Debit Linked Accounts

You authorize Fundid, Issuers, or their respective successors and assigns to collect amounts owed under these Fundid Card Program Terms by debiting funds from your Linked Account including Linked Accounts no longer connected to your Fundid Account. If Fundid, Issuers, or their respective assigns use the Automated Clearinghouse (ACH) network, the debits will be governed by the rules established by the National Automated Clearinghouse Association (NACHA) for business-related ACH debits. You also authorize us to debit your Linked Accounts for verification purposes (through microdeposits or similar means).  Debits collected under your authorization may be carried out by and in the name of us or our successors or assigns.

Manner and Timing of Payment

We will debit Linked Accounts for all amounts owed to us in connection with our provision of Services. If we cannot collect these amounts via ACH or another method, you agree to immediately pay all amounts owed as directed. We may debit Linked Accounts separately for the payment of fees that you incur.

You also authorize Fundid to debit from your Linked Account for all amounts owed to us immediately, on any date (including before the due date), and without additional Notice where we determine, in our sole discretion, that (a) the total aggregate balance of your Linked Account connected to your Fundid Account is less than the balance minimums required by our underwriting criteria, Company does not satisfy one or more of our other underwriting or credit requirements, or Company or the amounts owed to us pose or may pose an unacceptable risk to Fundid, its successors or assigns Program Partners, Third-Party Service Providers, or Issuers.

In the event there is an error in processing an electronic debit, you authorize us to correct the error by initiating an electronic credit or debit to the Linked Account in the amount of such error on or after the date such error occurs.

Withdrawing Your Authorization

To withdraw the debit authorization from a Linked Account, you must provide us 30 days’ notice. If you withdraw the debit authorization from Linked Accounts, you must pay all amounts owed under your Fundid Account before or upon providing notice, including Charges, Fees, Fines, and other amounts not yet reflected on your Periodic Statements, and you authorize us to debit your Linked Account for such amounts before the withdrawal of authorization takes effect. 

Withdrawal of a debit authorization does not terminate your obligation to pay all amounts owed under these Fundid Card Program Terms or the Cardholder Agreement. Company is responsible for all costs of collections and damages if amounts owed are not paid in full by Company when due.

2.4 Fees

We will disclose Fees to you when you are approved for a Card or through our website. We may update, add, or change Fees after providing 30 days Notice (though we may not provide prior Notice when we reduce any Fee). Fees we assess may include periodic fees, fees for late payments, fees for failed payments or returned payments, fees for misuse of the Services, or other fees we disclose to you. You are responsible for Fees in addition to Charges and Fines.

3. Defined Terms

Account Owner means the business owner of Fundid’s customer Company who applied for the Fundid Business-Building Card and is the sole authorized user for that card. 

Card means a physical or virtual payment card issued by an Issuer and managed through your Fundid Account.

Card Networks means payment card networks including Visa or Mastercard.

Cardholder Agreement means the agreement between Company and the Issuer of your Card, Cross River Bank, concerning your use of the Cards.

Charge means a payment for goods or services made to a merchant that accepts payments on the applicable Card Network.

Chargeback means a dispute that you initiate against a merchant for an unresolved dispute with the merchant or where a Charge is unauthorized.

Company means the business that is a customer of Fundid.

Primary Linked Account means the specific Linked Account you designate as the funding source we should use first for payment of Charges, Fees, and Fine on your Fundid Account. 

Cross River Bank Cardholder Agreement

Revised April 11th, 2023

Rates and Fees Table

TERMS AND CONDITIONS FOR YOUR CROSS RIVER BANK AND FUNDID ACCOUNT AND CHARGE CARD.

IMPORTANT INFORMATION PLEASE READ:

AS SET FORTH BELOW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE “ELECTION TO ARBITRATE” PROVISION CONTAINED IN THIS AGREEMENT. THIS AGREEMENT ALSO INCLUDES A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL. PLEASE READ THE “ARBITRATION AND WAIVER” SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY US. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. Agreement

These Terms and Conditions, along with any other documents referenced herein as applicable to your business account (“Account”) and your Visa^® Fundid Business Building Card (the “Card”) (collectively, the “Agreement”) are a contract between you, Fundid, Inc. (“Fundid”) and Cross River Bank, Member FDIC (the “Bank”), that establishes rules that control your Account and the Card. Banking services associated with the Account and the Card are provided by Cross River Bank. Cross River Bank is a FDIC-insured member institution. Fundid is not a bank and your Account is established and maintained by the Bank in coordination with Fundid through Fundid’s offerings. Fundid is the “Program Manager” for the Card program. You acknowledge and agree that the value of available funds to spend via the Card is limited to the amount of credit which may be outstanding at any time on the Account (the “Credit Limit”).  The Credit Limit will be set by the Bank.

Use of your Account remains subject to the Fundid Terms of Service as updated from time to time (the “Fundid Terms of Service”) and the Fundid Privacy Policy as updated from time to time (the “Fundid Privacy Policy”), and all other agreements between you and the Program Manager that apply to your use of products and services provided by the Program Manager, and all other Program Manager features, technologies, and/or functionalities offered by the Program Manager on its website at www.getfundid.com (the “Website”). This Agreement is provided to you in electronic format pursuant to the Consent to Receive Electronic Disclosures that you accepted and agreed to when you opened your Account. Please read this Agreement carefully and retain it for future reference. By opening or continuing to hold an Account or a Card, you agree to be bound by this Agreement as well as all other agreements, disclosures, and documents we may provide to you from time to time in connection with the Card or your Account. You will receive a separate schedule of rates, qualifying balances, and fees if they are not contained in this Agreement, as applicable. If you have any questions, please contact us at support@getfundid.com.

“You” and “your” means the Account holder, any corporate parent, affiliate, subsidiary or related person or entity. “We,” “us,” and “our” means the Bank, Program Manager, and our respective successors, affiliates, assignees and third-party service providers. 

The Account is accessed through the Fundid Website. You are responsible for providing the Program Manager with a correct and operational email address. You must promptly notify the Program Manager of any change to your email or postal mailing address, or if you are unable to access Account information through the Website. Neither the Bank nor the Program Manager will be liable for any adverse effects to the Account as a result of undelivered mail or email or your inability to access Account information through the Website due to a failure to promptly notify the Bank or the Program Manager of a change to your email or postal mailing address. Neither the Bank nor the Program Manager is responsible for any costs you incur to maintain internet access or an email account.

If there is a conflict between this Agreement and any other document or statement made to you concerning the Account or the Card, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Account or the Card, the separate terms and conditions applicable to that service or product will govern.

Our business days are Monday through Friday, excluding federal holidays. Any reference to “days” found in this Agreement are calendar days unless indicated otherwise.

1.1 Consent to the Terms of this Agreement

When submitting an Account application or by using the banking services provided by the Bank, you agree to this Agreement, including the fee schedule incorporated by reference in the section titled “Fees”. Continued use of the Account means your ongoing consent to this Agreement. By continuing to use the Account, you further agree to pay fees due and outstanding associated with the Account. You are responsible for the accuracy and completeness of all information supplied to the Bank and the Program Manager in connection with the Account and/or its services. This Agreement does not create a fiduciary relationship between you and the Bank or the Program Manager.

1.2 Changes in Terms and Additional Services

We may change this Agreement, or any fees and features of your Card, at any time by posting the amended documents (including this Agreement) on the Program Manager’s Website, and any such amendment shall be effective upon posting to said platforms. The current Agreement is available at https://www.getfundid.com/legal. 

We will give you reasonable advance notice of any change where required by law. However, if a change is made for security purposes, such change can be implemented without prior notice. When this Agreement is changed, the updated version supersedes all prior versions and will govern the Account and the Card. Your continued maintenance of the Account or use of the Card after the change will be deemed acceptance of any change and you will be bound by it. If you do not agree with a change, you may close your Account and return or destroy the Card as provided in this Agreement. Your termination of this Agreement does not affect any of our rights or your obligations including, but not limited to, you paying off the balance owed under the terms of this Agreement, arising under this Agreement prior to such termination.

We may provide such notice to you with your statement, electronically, or by mail. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service. We may change or terminate this Agreement without notice at our discretion or to comply with any appropriate federal or state law or regulation.

If we make any of our other banking services available to you in connection with your Account, we may provide certain terms and conditions for those additional services to you in a separate agreement or disclosure.

2. Confidentiality and Our Privacy Policy

Your privacy is important to us.  All services offered by the Program Manager, including the Website, are subject to the Fundid Privacy Policy.  This Fundid Privacy Policy also tells how you can limit the way we share or request corrections to the information we maintain about you.  Please carefully review the Fundid Privacy Policy for more information.  The Fundid Privacy Policy can be found at https://www.getfundid.com/legal.

3. Account Information

3.1 Business Account

A business account is an account that is not held or maintained primarily for personal, family, or household purposes. Examples of business accounts include an account owned by an individual acting as a sole proprietor; a partnership; a limited partnership; a limited liability partnership; a limited liability company; a corporation; a joint venture; or a non-profit corporation.

You acknowledge and agree that the Available Credit (as defined hereinafter) in your Account is limited to the Credit Limit as set by the Bank. You understand and acknowledge that you are required to apply for and be approved for an Account and Card by the Bank before entering this Agreement.

The Account and the Card are to be used for business point-of-sale and credit card transactions only (“Transactions”). The Account and the Card may not be used for personal purposes. You acknowledge and understand that the Card will not be treated as a consumer card under the provisions of state and federal law. The Card and your Account may be closed if it is determined the Account is being used for anything other than permissible Transactions. We may refuse to process any transaction that is believed may violate the terms of this Agreement, the Fundid Terms of Service, or any other agreements between you and Program Manager. You will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of your Card. Separate terms and conditions apply to the Website and services offered by Program Manager. Please refer to the Fundid Terms of Service.

The Card will remain the property of the Bank and must be surrendered or destroyed upon demand. The Card is nontransferable, and it may be canceled, repossessed by us or a merchant on our behalf, or revoked at any time without prior notice, subject to applicable law.

Write down your Card number and the customer service phone number ((406) 201-5552) on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep that paper in a safe place.

3.2 Opening the Account

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: when you open an Account and/or apply for a Card, the information we request may vary depending on the circumstances, but at a minimum, we may ask for your name, address, date of birth, taxpayer ID number, social security number, and other information that will allow us to identify you. We are also required to verify the information you provide to us. This verification process may require you to provide us with supporting documentation that we deem appropriate. We may also seek to verify the information by other means. We also may ask to see your driver's license or other documentation bearing your photo as verification of your identity. We reserve the right to request additional information and/or signatures from you from time to time. If we are not able to validate your identity or authenticity to our satisfaction, we may not open the Account. We may not issue a Card or provide access to the Account if your identity cannot be validated. By participating in the Card program, or applying for a Card, you certify that all information you have provided to us, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), social security number or identification documentation, date of birth, telephone number and other information provided at our request, is true, accurate and complete.

If you falsify, misrepresent, or fail to provide requested information, we may refuse to approve your request for the Card or cancel any of your previously issued Card(s). In addition, transactions tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation, freezes, and forfeiture. We reserve the right to restrict, delay or cancel any transactions, subject to applicable law and/or close your Card and your Account. 

3.3 Compliance with Laws and Regulations

You agree to comply with all laws applicable to this Agreement, including regulations or ordinances, and orders. The payee’s name on any Automated Clearinghouse (“ACH”) credit(s) we receive must match your name. You must not use your Account or the Card for any illegal purposes or, regardless of whether it is legal or illegal, for internet gambling. This prohibition includes any transaction that is illegal in the jurisdiction where you live, in the jurisdiction where the transaction is consummated, or in any other jurisdiction affected by the transaction. You are responsible for determining the legality of each of your transactions in all applicable jurisdictions before entering into the transaction. 

We have no obligation to monitor, review or evaluate the legality of any transaction, however, transactions in the Account are subject to review and can be delayed or frozen if we identify an issue. Such delay or freezing of your Account may impact your Available Credit. We may deny any transaction or refuse to accept any deposit that we believe is related to illegal activity or online gambling or for any other reason at our discretion. In addition, such funds may potentially be subject to investigation by one or more federal law enforcement agencies. 

Additionally, we also reserve the right to block, suspend, or cancel your Account if, as a result of our policies and processes, we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity inconsistent with this Agreement. If we exercise any of the rights under this Section 3.3, we will incur no liability to you because of any resulting unavailability of the funds in your Account or your inability to use your Card.

3.4 Authorization

You authorize the Program Manager and the Bank to view and obtain information about the Account. You also authorize the Bank to provide information to the Program Manager about Account balances and transactions. The Program Manager for the Card program is authorized to transact on the Account as necessary for purposes of reconciliation, fee credits or debits, dispute related adjustments, and any other applicable accounting corrections.

3.5 Eligibility

The Account is available to United States citizens or lawful permanent residents of the fifty (50) United States (the “U.S.”) or the District of Columbia who reside and do business in the U.S. and who are at least 18 years of age, have a U.S. physical address or military address (APO or FPO), and have a valid social security number or tax identification number.

The Account may only be owned in the name of one person (an authorized individual for the business) who may institute point-of-sale transactions or ACH transfers. The Account cannot be owned or titled as a joint account, trust account, a Uniform Transfers to Minors (UTMA) account, or a Payable on Death (POD) account.

To receive a Card, you must agree to go “paperless”. This means that you must (1) provide us with and continue to maintain a valid email address and (2) accept electronic delivery of all communications that we need or decide to send you in connection with the Account by agreeing to our Consent to Receive Electronic Communications set forth in Section 7 herein.

We may decline to open an Account or issue a Card to you for any reason, or for no reason, this includes if you have had or currently have any other relationships or accounts with us that you did not maintain in a satisfactory manner. We are not liable for any damages or liabilities resulting from refusal of an Account relationship.

3.5.1 Additional Eligibility Disclosures & Terms and Conditions

By applying, I understand that I am not eligible for this offer if: 

• My application is received after this offer has expired, is missing required information or the information is unreadable, inaccurate or cannot be verified. 
• I am otherwise determined to be unable to make my monthly payments based on income, estimated living expenses and other debt I am responsible for. 
• I have previously applied for a Cross River Bank credit card 3 or more times in the last 45 days. 
• I have a Cross River Bank card that is past due. 
• I am over my credit line on a Cross River Bank credit card. 
• I have had a Cross River Bank credit card that has charged off within the past year. 
• I have a non-discharged bankruptcy (one that is still unresolved). 

With respect to this offer, I acknowledge that: 

• Even if I am otherwise eligible for this offer, approval is based upon satisfying Cross River Bank's credit standards. 
• Any delinquencies and default history I may have may be considered in determining my creditworthiness. 
• Cross River Bank may contact me to obtain or confirm application information. Cross River Bank’s decision to contact me may be based on my creditworthiness. 
• I authorize Cross River Bank to check my credit and employment history and to answer questions about its credit experience with me. 
• This offer is nontransferable. 
• The terms of this offer may not be applied to existing Cross River Bank accounts. 
• Cross River Bank will retain my response form whether or not it is approved. 
• Certain restrictions apply to the card benefits in this offer. Full details will be mailed to me upon approval. 

3.6 Credit Reports

When you complete an application for the Account, you authorize us to perform a hard credit inquiry on your personal credit to underwrite your application.  A hard credit inquiry may have an impact on your credit score.  Additionally, we may obtain a credit report for reviewing, modifying the terms, renewing the account or collection.

We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report.  This may have a negative impact on your credit report.

If you believe information we have given about the Account to a credit reporting agency is incorrect, write us at support@getfundid.com.  When you write us, tell us the specific information you believe is incorrect.

NEW YORK RESIDENTS: We may obtain a credit report in connection with your application, and upon your request, you will be informed whether such credit report was requested and, if so, the name and address of the consumer reporting agency that furnished the report. New York residents may contact the New York State Department of Financial Services at 800-342-3736 or www.dfs.ny.gov to obtain information on comparative credit card rates, fees and grace periods. 

Notice to Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.

3.7 Authorized Users

The Card does not currently allow for additional or authorized users.

3.8 Closure and Suspension

You agree to immediately notify the Program Manager if you want to close your Account and terminate your rights as a Cardholder. You can close your Account at any time and for any reason by using the Website. We reserve the right to refuse your request if you have an outstanding balance on your Account. You agree to hold us harmless for honoring or refusing to honor any pre-authorized transfer, check, paper draft, or other item on a closed Account. If your Account is closed, we will return any credit balance you may have in the Account to you by ACH transfer to the last ACH instructions we have on file for you within 14 business days of the final transaction and/or of receiving the request to close the Account. Bank reserves the right to refuse to return any remaining balance less than $15.00. Bank reserves the right to close the Account at any time. The Card remains the property of the Bank and must be surrendered to the Bank or destroyed upon demand.

We will refund the Annual Fee if you notify us that you are voluntarily closing your Account within 30 days of the Closing Date of the Statement (as defined hereinafter) on which that fee appears.  For closures after this 30-day period, the Annual Fee is non-refundable.  If your billing address is in the Commonwealth of Massachusetts at the time you close your Account, this paragraph doesn’t apply to you.

We may also suspend or close your Account or suspend or disable any service or feature of your Card, at our discretion with or without notice. This includes if we believe you are using your Account for non-permissible business purposes or fraudulent or illegal purposes or in violation of law or regulation, this Agreement, any other agreement you may have with us, if multiple transactions are returned on your Account, or if you otherwise present undue risk to us. You agree to hold us harmless for any damages you may suffer as a result of the closure or suspension of your Account. You agree not to use or allow others to use an expired, revoked, canceled, suspended, or otherwise invalid Card.  We may also close or suspend your Account if you have not conducted any transactions on your Card in over twelve (12) months.

The closure of your Account or termination of this Agreement does not impact any right or obligation including, but not limited to paying the outstanding balance, that arose prior to closure or termination, or any right or obligation that, by its nature, should survive termination (including, but not limited to, any indemnification obligation by you, our limitations of liability, and any terms governing arbitration). The Card remains the property of the Bank and must be surrendered to the Bank or destroyed upon demand.

3.9 Inactivity

We may also place your Account in an inactive status if you have not had any transaction for at least six (6) months. If your Account becomes inactive, you may not be able to conduct transactions in the Account. Inactive accounts must be reactivated. Contact us at support@getfundid.com to reactivate your Account and Card.

3.10 Unlawful Internet Gambling

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this Account and the Card. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participated by others in unlawful Internet gambling.

3.11 Default

We may consider your Account to be in default if:

• you do not pay the Balance Due (as defined hereinafter) on your Account on or before the Payment Due Date,
• you violate a provision of this Agreement,
• you give us false or misleading information or signatures,
• you file for bankruptcy or become insolvent.
• you default under another agreement you have with us for borrowed money which is not secured by your principal residence,
• you become legally incapacitated or die,
• you exceed or attempt to exceed your Credit Limit, or
• we believe you are unable or unwilling to pay your debts when due.

If we consider your Account to be in default, we may, to the extent permitted by federal and applicable state law:

• suspend your ability to make charges,
• cancel or suspend any feature on your Account,
• cancel your Account without notice of cancellation, and
• require you to pay your Account balance immediately.

You agree that you will destroy the Card(s). Even if your Account is in default, you agree to pay the Fees as defined in this Agreement until your balance is paid in full. If you resolve a default situation, we can still declare the same or another default later on your Account.

3.12 Collection

Unless prohibited by applicable law, if we start collection proceedings to recover amounts you owe us by reason of this Agreement, you agree to pay reasonable attorney’s fees and other collection costs.

4 Your Responsibilities

4.1 Acknowledgment

You acknowledge the inherent risks and responsibilities associated with conducting business via the Internet and that there can be no assurance that inquiries or transaction activity will be completely secure, despite security procedures established by the Bank and the Program Manager such as firewalls, passwords, and data encryption. You also understand that access to the Website will not be free from delays, malfunctions, or other inconveniences generally associated with this electronic medium, and further agrees the Bank and the Program Manager are not responsible for any such delays, malfunctions, or inconveniences. You acknowledge that you are responsible for maintaining all equipment required for your access to and use of the Account. You authorize the Bank and Program Manager or any third party acting on behalf of the Bank or Program Manager, to serve as an agent in processing transaction instructions received from you via the Internet, and to post such transactions to the Account. 

4.2 Your Additional Responsibilities

You are responsible for actions that may be taken by anyone accessing the Account through use of the Website after signing in with your security information (i.e., user ID and password), except as otherwise set forth herein or as part of this Agreement. We are entitled to rely and act upon instructions received using your security information. You are further responsible for keeping your security information confidential and for ensuring that you sign off of the Website when a session is complete to prevent unauthorized persons from accessing the Account.

4.3 Disclaimer of Warranties

To the fullest extent permitted by law, we do not make any warranties of any kind related to the Website, either express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. Furthermore, we do not warrant that the Website will be uninterrupted or error free, that defects will be corrected, or that the Website is free of viruses or other harmful components. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE ACCOUNT IS AT YOUR SOLE RISK, AND THAT THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS.

4.4 Information Processing and Reporting

The Bank will not be responsible for determining the accuracy, timeliness or completeness of any information or instructions that you provide to us for any service related to the Account. If we are unable to provide a processing service for any reason, reasonable steps to resume processing will be taken within a reasonable timeframe.

4.5 Data and Information Supplied by You

You have the sole responsibility of ensuring the accuracy and correctness of the data you supply. You acknowledge and agree that we will not examine the data for correctness and that we will not have any responsibility for detecting errors in the data transmitted by you. The data you transmit must be correct and complete. We will not be liable to you for failure to process incorrect or incomplete data. You agree that you are solely liable for, and we will not have any liability whatsoever for, any data or other information that is not received by us or for any data or other information that is intercepted or altered by an unauthorized third party. You agree that we have no obligation to accept any data or other information and, therefore, may reject any data or other information that you transmit or deliver in connection with this Agreement.

4.6 Limitations of Our Liability and Obligations to You

In the performance of the services required by this Agreement, we are entitled to rely solely on the information, representations and warranties you provide pursuant to this Agreement. Except as otherwise specifically provided by law, we are only responsible for performing the services expressly provided for in this Agreement and are liable only in the event of loss due to our gross negligence or willful misconduct in performing those services. In no event will we have any liability for any consequential, special, incidental, punitive or indirect loss or damage which you may incur or suffer in connection with this Agreement, whether or not the likelihood of such damages was known or contemplated by us and regardless of the legal or equitable theory of liability you may assert. The Bank is not liable for any damages you may incur due to a delay in Program Manager providing the Bank with any notices or information Program Manager receives from you. Without limiting the foregoing, we will not be liable for (1) insufficient funds in your Account to make a transfer, (2) a terminal or system which is not working properly, (3) any merchant who refuses to accept the Card, and we will have no liability and will be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communications facilities, equipment failure, war, act of terror, emergency conditions, or other conditions (such as fire or flood) beyond our control. To the extent allowed by law, we will not be liable for and will be excused from failing to process or any delay in processing a transfer of funds (i) if, in our sole discretion, processing a transfer would violate or contribute to the violation of any law, regulation or regulatory requirement; or (ii) if processing a transfer, in our sole discretion, would cause it to engage in an unsafe and unsound practice. Without limiting the generality of the foregoing, in no event will our liability for any loss, cost, or liability arising from our gross negligence or willful misconduct exceed the average monthly charge for the Account-related services in question for the month preceding the date or loss, except as otherwise required by UCC Article 4A. Any claim, action or proceeding by you to enforce the terms of this Agreement or to recover for any Account-related loss must be commenced within one (1) year from the date that the event giving rise to the claim, action or proceeding first occurs. You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with the Account. You acknowledge any fees have been established in contemplation of: (a) these limitations on our liability; (b) your agreement to review statements, confirmations, and notices promptly and to notify us immediately of any discrepancies or problems; and (c) your agreement to assist us in any loss recovery efforts.

4.7 Indemnity and Release

You agree to release, indemnify and hold us, and our respective officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement and Applicable Law; (3) any action or omission by you in violation of this Agreement or Applicable Law; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you. These indemnifications will apply, without limitation, to any losses arising from the dishonor of any debit item. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

4.8 Death or Incompetence

You agree to notify us promptly through your representative if you die or are adjudicated (determined by the appropriate official) incompetent (together, “Incapacitation” or “Incapacitated”). We may continue to honor instructions until: (1) we know of your Incapacitation, and (2) we have had a reasonable opportunity to act on that knowledge. You agree that we may continue to process transactions to your Account until we receive notice and any required proof of Incapacitation and may pay transactions initiated on or before the date of Incapacitation for up to ten (10) days after your Incapacitation unless ordered to stop payment by someone claiming an interest in the Account. If we receive notification or if we have reason to believe that you have become Incapacitated, we may place a hold on your Account and refuse all transactions until we know and have verified the identity of your successor. You agree to hold us harmless for any actions we take based on our belief that you have become Incapacitated, or any notices of death or Incapacitation that we receive. If you owe us a debt at the time of your Incapacitation, we are authorized to exercise our right of set-off against the funds credited to your Account after your Incapacitation.

4.9 Notices

Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided, if any. If no delivery instruction is provided, notice must be given via email at support@getfundid.com. We must receive it in time to have a reasonable opportunity to act on it. Written notice we give you is effective when it is deposited in the U.S. mail with proper postage and addressed to your mailing address we have on file or emailed to you at the email address we have on file for you.  Notice(s) sent to one person bound under this Agreement will be considered notice to all.

To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your Account.

4.10 Statements

Monthly statements will be provided to you as long as your Account is active (“Statements”). You will not receive paper Statements. You will receive an email notifying you that the Statement is available to you via the Website.  You agree to notify us promptly if you do not receive your Statement by the date you normally would expect to receive it. You agree that the Statements have been delivered or made available to you in a reasonable manner.

You agree to examine your receipts and Statements using reasonable care and to report any errors or problems to us within a reasonable time. You are also responsible for reviewing your Statements as they are made available to you for errors or unauthorized activity.

You agree that if you fail to report any unauthorized signatures, alterations or forgeries in your Account within sixty (60) days of when we first send or make the Statement available, you cannot assert a claim against us on any items in that Statement, and as between you and us the loss will be entirely yours. This sixty-(60) day limitation is without regard to whether we used ordinary care. In addition to your duty to review your Statements for unauthorized signatures, alterations and forgeries, you agree to examine your Statement with reasonable promptness for any other error such as an encoding error. In addition, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing endorsements or any other problems. You agree that the time you have to examine your Statement and items and report to us will depend on the circumstances. However, this time period will not exceed sixty (60) days. Failure to examine your Statement and items and report any errors to us within sixty (60) days of when we first send or make the Statement available precludes you from asserting a claim against us for any errors on items identified in that Statement and as between you and us the loss will be entirely yours.

You further agree that if you fail to report to us within fourteen (14) days from when the Statement was first mailed or made available to you, we will not be required to pay interest on any refund to which you may be entitled. We will only credit your Account for errors or problems as required by law. Email us immediately with errors or questions about electronic transfers at support@getfundid.com. If you tell us orally, we may require your complaint or question in writing within fourteen (14) business days. If you provide us with timely notice of an error or problem in your Statement, we will investigate the matter and notify you of the results within a reasonable amount of time. The exact time will depend on the specific circumstances of the error or problem. You may ask for copies of the documents that we used in our investigation. 

4.11 Payments

4.11.1 When You Must Pay

You must pay for all Transactions and Fees as reflected on the Statement at the end of each billing cycle (“Balance Due”) pursuant to the terms of this Agreement.  In addition to paying the Balance Due, you also agree to pay any other charges added to your Account under the terms of this Agreement.  Interest will not be charged on the Account.

The Balance Due must be received by us no later than the Payment Due Date shown on your Statement to avoid a late payment fee (“Late Fee”).  The “Payment Due Date” will be twenty-five (25) days from the Closing Date.  The “Closing Date” is the last day of the billing cycle covered by the Statement and will be shown on the Statement.  Each Closing Date is about 30 days after the previous Statement’s Closing Date.

You cannot make payments over the amount of your Balance Due.

4.11.2 How to Make Payments

You must provide an external bank account (“Linked Account”) through your Account to pay all or a portion of your Balance Due.  A payment equal to the Balance Due and other charges will be automatically debited via ACH from your Linked Account on the Payment Due Date.  If the automatic debit from your Linked Account fails for any reason, we will attempt to debit your Linked Account again two (2) days later.  If this second debit attempt fails, we will suspend your Account until your Balance Due is paid in full.

All payments must be made in U.S. dollars and drawn via electronic ACH on a financial institution located in the United States.

We will not accept any payments made in cash, check, foreign currency or drawn on an account at a bank located outside of the U.S.

If we process a late payment or a partial payment, that will have no effect on our rights and will not change this Agreement.

4.11.3 Early Payment

You may pay all or a portion of your entire balance at any time, without penalty.  Should you opt to make an early payment, the amount that will be deducted via electronic ACH on the Payment Due Date will be adjusted accordingly.

4.11.4 Authorization to Debit Linked Account; ACH Authorization

THIS SECTION PROVIDES AUTHORIZATION TO AUTOMATICALLY DEBIT YOUR LINKED ACCOUNT, INCLUDING LINKED ACCOUNTS NO LONGER CONNECTED TO YOUR ACCOUNT, FOR ALL AMOUNTS YOU OWE UNDER THIS AGREEMENT. PLEASE READ IT THOROUGHLY.

You authorize the Bank or the Program Manager and our respective successors and assigns to collect amounts owed under this agreement by debiting funds from your Linked Account (including Linked Accounts no longer connected to your Account). If we or our respective assigns use the ACH network to debit your Linked Account, the debits will be governed by the rules established by the National Automated Clearinghouse Association (NACHA) for business-related ACH debits. You also authorize us to debit your Linked Account for verification purposes (through microdeposits or similar means). We may initiate debits you have authorized in our name or in the names of our successors or assigns.

You also authorize us to debit your Linked Account immediately for the amount of your Balance Due and any other amounts you owe us before the Payment Due Date or at any other time during the billing cycle and without additional notice if: (a) you do not satisfy one or more of our other underwriting or credit requirements; (b) you or the amounts you owe us pose or may pose an unacceptable risk to us, our service providers, or our or their respective successors or assigns; (c) you are unlikely to be able to pay your Balance Due at the end of the billing cycle because you (i) do or we believe you may cease to exist, (ii) take any action to dissolve or wind up your affairs, or (iii) engage in voluntary or involuntary bankruptcy filings, or such case is filed by or against you, or a receiver or trustee for the benefit of creditors is appointed for you; (d) you have breached the terms of this Agreement; (e) you are in default of any other agreement with us or any of our service providers; or (f) you or we close your Account. In the event there is an error in processing an electronic debit, you authorize us to correct the error by initiating an electronic credit or debit to the relevant Linked Account in the amount of such error on or after the date such error occurs.

To withdraw your debit authorization from a Linked Account under this Section 4.11.4, you must provide us 30 days’ notice. If you withdraw the debit authorization from the Linked Account, you must pay all Transactions, Fees, and other amounts not yet reflected on your Account balance immediately, and you authorize us to debit your Linked Account for such amounts before the withdrawal of authorization takes effect. Withdrawal of a debit authorization does not terminate your obligation to pay all amounts owed under this Agreement.

4.11.5 Late Payment

If you do not pay your full payment due by the Payment Due Date, you will be billed a Late Fee each month until the account is not past due.

4.11.6 Payment Guaranty

You and any corporate parent, affiliate, subsidiary or related person or entity (“Owner”), respectively unconditionally guaranty your good faith, truthfulness and completeness of information, payment and performance of all of the covenants made under this Agreement, as each may be renewed, amended, extended or otherwise modified.  You agree to be personally responsible, both individually and jointly with the Owner, for payment of all balances incurred on all Cards and Accounts issued pursuant to this application now or whenever such additional accounts may be established in the future.  As such, the obligations under this Agreement are joint and several among the Owners.

In an Event of Default, without notice, we may seek recovery from any or all of the Owners for all of our losses and damages without first seeking to obtain payment from any one of the Owners.  By entering into this Agreement and using the Card, each Owner acknowledges its understanding the terms of this Agreement and that such Owner will be liable individually for all amounts due under this Agreement.

You understand that if you leave the employment of the Owner, you will continue to be responsible for the outstanding balances on the accounts. You must notify us immediately too close the accounts and prevent further usage.”

4.11.7 How We Apply Payments

We will post payments when received, but we may restrict your ability to make new charges against that payment amount for up to fifteen (15) days.

Payments will be applied in the following order: unpaid Fees and then principal balance but we reserve the right to change to the extent permissible under applicable law.

4.12 Notify Us of Changes

You must notify us immediately if there is a change to your business name, business structure, any change in your officers or directors, your name, telephone number, mailing address, email address, ACH instructions or any other information you have provided us so that we can continue to provide you with statements and important notices concerning your Account.

Unless we agree otherwise, change of address or name must be made via email sent to support@getfundid.com, and must submit any proof of address and identification requested by us. We will attempt to communicate with you only by use of the most recent email address you have provided to us. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address.

4.13 Track Your Transactions, Credit Limit, and Available Credit

It is important that you keep track of your transactions and the amount of credit in your Account that is available for you to use (“Available Credit”) by reviewing your transaction history. It is also important to understand that your Available Credit may not reflect transactions you have authorized that have not yet been presented to us for payment.

The Credit Limit is printed on your Statements. You may not exceed your Credit Limit at any time. If your balance is more than your Credit Limit, you must pay the amount over your Credit Limit immediately and we may suspend your account until such payment is made.

4.14 Unauthorized Transactions and Errors

It is your responsibility to notify us immediately at support@getfundid.com upon belief that any security information (such as user IDs, passwords, or other credentials) has been lost, stolen or otherwise made available to an unauthorized person, or that someone has viewed, downloaded, or deleted electronic records from the Account or the Card without your permission, or if you suspect any fraudulent or unauthorized activity (including errors) on the Account. You agree to comply with all notification requirements described in this Agreement. Your liability for any unauthorized transactions (including errors) will be determined based on the terms described in this Agreement. You agree to promptly repay any amount erroneously credited to the Account. We may suspend or cancel your Card and/or corresponding Account in the event of excessive reports of Card loss or theft. 

4.15 Claim of Loss

If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your Account, the Card, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen Card or access credentials or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You are liable for Account transactions not authorized by you if the Bank can prove that the transaction was processed in good faith and in compliance with a commercially reasonable security procedure, unless otherwise required by law. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.

4.16 Protect Your Account Information

It is your responsibility to protect the Account number and the Card information we provide you for your Account. You agree to follow all of the security procedures in this Agreement. Do not discuss, compare, or share information about your Account or the Card with anyone unless you are willing to give them full use of your money. Keep your Account number, Statements, and the Card secure at all times. Make sure to also keep your computer secure at all times and avoid accessing the Website when others can see your screen. Your Account or Card information can be used by thieves to issue an electronic debit or to encode your number on a false demand draft that looks like and functions like an authorized check. If you furnish your Account, Card information or the Website login credentials and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized.

Your Account and the Card information can also be used to enable electronic payments from your Account even though you did not contact us directly and order the payment.

If your Account number, Card, or Website login credentials are lost or stolen, notify us immediately at support@getfundid.com  to limit your liability for unauthorized transactions that may occur.

5 Additional Terms for Your Card

5.1 Card Agreement Acceptance and Activation

The Card requires activation before you may use it. When you receive your Card, you must activate the Card by following the directions provided with the Card or through the Website. All Cards will be registered to you automatically upon issuance. Your request for, activation and/or use of the Card means that you agree to the terms and conditions described in this Agreement.

5.2 Deposits

The Account does not accept deposits.  The only funding available for this Account is the Credit Limit as set by the Bank.

5.3 Withdrawals/Transfers

You may transfer all or any part of the Available Credit at any time, subject to the terms of this Agreement. You may transfer funds up to the amount of your Available Credit in your Account by using any of the transfer methods described herein. Before permitting a transfer or other transaction, we may request that you provide us with additional information or documentation that we deem necessary to confirm your identity or to prevent illegal activity. We may refuse the transaction if you do not comply with our request.

Withdrawal/transfer methods:

• ACH transfer to a third party,
• Purchases or other transactions using your Card at merchants that have agreed to accept the Card, or

We generally do not permit you to overdraw your Account and we do not charge you insufficient funds fees or overdraft fees. If the Available Credit in your Account is not sufficient to cover any transaction you have authorized, we can refuse to process the transaction, even if you make a payment later in the business day after we refuse your transaction request. There may be instances where your Account can still become overdrawn. For example, if a merchant settles a Card transaction for an amount greater than the Card authorization, you must make a payment immediately to cover the amount over your Credit Limit. If your Account has exceeded its Credit Limit for thirty (30) days or more, we may close your Account.

You cannot withdraw funds by check, and we do not permit you to create checks drawn on your Account.

5.4 Order of Payment

The Bank’s policy is to post and pay Card transactions in the order they are received. The Bank reserves the right to pay Card transactions before other items.

Keep in mind that your Available Credit may not reflect every transaction you have initiated or previously authorized. For example, your Available Credit may not include (1) transactions you have authorized that we have not received, (2) Card transactions where the Card authorization has been removed before the transaction is settled due to a merchant’s delay in settlement, or (3) the full amount of a Card transaction where the settlement amount is greater than the Card authorization amount. Your Available Credit is viewable at any time through the Website, but it is important to understand that it may not reflect transactions you have authorized that have not yet been presented to us for payment. 

If a transaction is presented without sufficient funds in your Account to pay it, we may, at our discretion, return the transaction for insufficient funds (“NSF”).

Notwithstanding anything to the contrary, when we process multiple transactions for your Account on the same day, you agree that we may in our discretion determine our posting orders for the transactions and that we may credit, authorize, accept, pay, decline, or return credits, debits, and holds in any order at our option. We do not always receive debits on the same day that you conduct them. We may change the way we group transactions together or the order in which we post transactions to your Account at our discretion and without notice to you. It is therefore important for you to keep track of the transactions you authorize to make sure there is a sufficient Available Credit in your Account to cover all transactions and any applicable fees.

5.5 ACH Transfers

If you originate a fund transfer from your Account and you identify by name and number a beneficiary financial institution, an intermediary financial institution, or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person, or account other than the one named. You agree to be bound by automated clearing house association rules.

5.6 Purchases

You may use your Card to make purchases at any merchant with a POS device that displays the Visa^® acceptance marks.

You may make retail card purchases without presenting your physical Card by providing information from your Card, such as transactions done by Internet or telephone. Conducting transactions in this way has the same legal effect as if you used the physical Card itself. For security reasons, the amount or number of card-not-present transactions you make may be limited. 

Peer to peer (“P2P”) digital payment services are another method in which you can use your Card to make business purchases or pay for services. P2P payment services are provided by another company (such as Venmo or PayPal, etc.) and may not be accepted at all merchants. Any use of your Card through a P2P payment service continues to be subject to all terms and conditions of this Agreement. We may terminate your access to or use of your Card for P2P payment related transactions at any time and for any reason, including if you violate any of the terms or conditions of this Agreement.

We do not charge you any additional fees for using your Card for P2P payment service transactions. However, any fees and charges that would apply when you use your Card separate from the P2P payment services also apply when you use your Card through such payment services. Further, the P2P payment service provider and other third parties such as banks connected to them may charge you fees. 

We are not responsible for providing P2P payment service to you or for ensuring that your Card is compatible with any such service. We are not responsible for the performance of services by any third-party payment provider. We do not control the privacy and security of any of your information that may be held by the such provider. Any information held by the P2P payment service provider is governed by the privacy policy given to you by that provider. If you have location services enabled on your mobile device, the location of your mobile device may be collected and shared by that provider in accordance with their respective data and privacy policies, including with us. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ARE WE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF A WALLET, YOUR USE OF THE CARD IN CONNECTION WITH A P2P PAYMENT SERVICE, OR A MOBILE DEVICE.

These are our limits associated with POS withdrawals from your Card: 

5.7 Split Transactions

You can instruct a merchant to charge your Card for part of a purchase and pay any remaining amount with cash or another card. This is called a “split transaction.”

Split transactions are NOT permitted.

5.8 Digital Wallets

A digital wallet provides another way for you to make purchases with your Card. A digital wallet (“Wallet”) is a service provided by another company (such as Apple Pay, Android Pay, Samsung Pay, etc.), that allows you to use your Card to pay for transactions where the Wallet is accepted. A Wallet may not be accepted at all places where your Card is otherwise accepted, and your Card may not be eligible for all the features and functionalities of the Wallet. Any use of your Card in or through the Wallet continues to be subject to all terms and conditions of this Agreement. We may terminate your access to or use of your Card with a Wallet at any time and for any reason, including if you violate any of the terms or conditions of this Agreement.

You can add or remove your Card from a Wallet by following the instructions provided by the Wallet provider. By doing this, you agree to allow us to share your Card information with the Wallet provider. You may be required to take additional steps to authenticate your identity before your Card is added to the Wallet. We do not charge you any additional fees for adding your Card to a Wallet or for using your Card in the Wallet. However, any fees and charges that would apply when you use your Card outside the Wallet will also apply when you use a Wallet to make purchases with your Card or otherwise access your Card. The Wallet provider and other third parties such as wireless companies or data service providers may charge you fees. The digital version of your Card in a Wallet may, in our sole discretion, be automatically updated or upgraded without notice to you.

We are not the provider of the Wallet, and we are not responsible for providing the Wallet service to you or for ensuring that your Card is compatible with any Wallet service. We are only responsible for supplying information to the Wallet provider to allow usage of your Card in the Wallet as you have requested. We are not responsible for any failure of the Wallet, any mobile device you use with the Wallet, or the inability to use the Wallet for any transaction. We are not responsible for the performance of services by any Wallet provider or any other third parties regarding any agreement you enter. We do not control the privacy and security of any of your information that may be held by the Wallet provider. Any information held by the Wallet provider is governed by the privacy policy given to you by the Wallet provider. If you have location services enabled on your mobile device, the location of your mobile device may be collected and shared by the Wallet provider in accordance with their respective data and privacy policies, including with us. If you request to add your Card to a Wallet, you authorize us to collect, transmit, store, use and share information about you, your mobile device, and your use of the Card in accordance with the Fundid Privacy Policy, as amended from time to time, available at https://www.getfundid.com/legal.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ARE WE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF A WALLET, YOUR USE OF THE CARD IN CONNECTION WITH A WALLET, OR A MOBILE DEVICE.

If you use a Wallet, you should protect your Wallet and your mobile device as you would your Card. If your Wallet or mobile device is compromised, lost or stolen, you should also consider your Card lost or stolen and notify us immediately. Please see Section [   ] for instructions for reporting a lost or stolen Card.

If you have any questions, disputes, or complaints about a Wallet, contact the Wallet provider using the information given to you by the provider.

5.9 Visa® Benefits

Your Card may be eligible for certain benefits provided by Visa^®. Please visit Visa^®’s website for additional information.

5.10 Foreign Transactions, Currency Conversion, and Cross-Border Transaction Fees

The Card may not be used conduct international transactions, including, without limitation, transactions conducted on international merchant websites or mobile applications accessible within the United States.

You cannot affect, and we will not process, a transaction in a currency other than U.S. Dollars.  As such currency conversion and cross-border transaction fees are inapplicable to the Account.

5.11 Returns and Refunds 

Please be aware of the Merchant’s return policies before using your Card to make a purchase. Neither the Bank nor the Program Manager is responsible for the delivery, quality, safety, legality or any other aspect of the goods or services you purchase using your Card. If you have a problem with a purchase that you made with your Card or if you have a dispute with the Merchant, you must handle it directly with the Merchant.  If you are entitled to a refund for any reason for goods or services obtained using your Card, you agree to accept credits to your Card for the refund and agree to the refund policy of the Merchant. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.

Alternatively, if you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge.  If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant.  You agree that you will not pursue any claim against the merchant for the credited amount.  And you must cooperate with us if we decide to do so.

5.12 Card Authorizations

You will be able to use your Card to pay for goods or services or conduct other transactions with a merchant. When you engage in a transaction with a merchant using your Card, the merchant will request preauthorization (“Card Authorization”) for the transaction. If there is sufficient Available Credit in your Account, we will approve the request and reduce your Available Credit for as long as the Card Authorization remains on your Card. Your Available Credit will generally be reduced by the amount of the Card Authorization.

The Card Authorization will remain on your Card until the merchant sends us the final amount of the transaction and requests payment (“Settlement”). In most cases, if the merchant does not request Settlement, or the merchant is delayed in requesting Settlement, the Card Authorization will automatically be removed after three (3) days. However, certain merchants such as hotels may hold for a period of up to seven (7) days.

It is important to understand that the merchant controls the timing of Card Authorizations or Settlement. A merchant may request Settlement after the Card Authorization has been removed from your Card. This means that if you use the Available Credit in your Account after the Card Authorization has been removed and the merchant later requests Settlement, your Account may become overdrawn. A merchant may also request Settlement for an amount that is different than the Card Authorization. Therefore, it is important that you keep track of your transactions and your Available Credit. Once we have approved a Card Authorization, we cannot stop it.

5.13 Card Expiration and Replacement

Your Card will expire no sooner than the expiration date displayed to you on the Website or printed on the front of the Card. You will not be able to use your Card after the expiration date; however, a replacement Card will be automatically mailed to you prior to the expiration of the soon-to-expire physical Card. 

If you need a replacement Card for any reason other than the Card’s expiration, you may request one at any time through the Website or by emailing us at support@getfunded.com. There is no Fee to receive a replacement Card.

5.14 Account Balances and Written Account Histories

You are responsible for keeping track of the Available Credit in your Account. Merchants generally will not be able to determine your Available Credit. It’s important to know your Available Credit before making any transaction. 

You may obtain information about the amount of Available Credit you have remaining in your Account via the Website.

You also have the right to obtain at least 24 months of written history of Account transactions by making a request via the Website, or emailing us at support@getfundid.com. You will not be charged a fee for this information unless you request it more than once per month.

5.15 Reporting Lost or Stolen Cards

If your card is lost or stolen or you suspect unauthorized use of your Account, you agree to notify us immediately.

If you need to report your Card as lost or stolen, report an unauthorized transaction, or replace your Card for any reason, please contact us at via email at support@getfundid.com or call us tollfree at (406) 201-5552, seven days a week, 24 hours a day. You should also write to us.

Do not use the Card or Account after you have notified us. You will not be responsible for any unauthorized use after you notify us of the loss, theft or unauthorized use up to $50 U.S. Dollars.

You will be required to provide personal information so that we may verify your identity before we will issue you a replacement Card.

5.16 Overdrafts and Insufficient Funds

Each time you use the Card, you authorize us to deduct from your Available Credit the amount of the transaction and any applicable fees. We do not permit you to overdraw your Account. 

If the Available Credit in your Account is not sufficient to cover any transaction you have authorized, we may return the transaction or refuse to process the transaction. However, there may be instances where your Account can still become overdrawn.

You are liable for any Account balance that exceeds your Credit Limit, whether caused by you or another person with access to this Account or the Card. This liability is due immediately. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft.

You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Account. This includes, but is not limited to, you or a third party claiming an interest in your Account. This also includes any action that you or a third party takes regarding the Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Account when they are incurred, without notice to you.

Additionally, if your Account balance is over your Credit Limit, we may suspend or close your Account.

5.17 Set-Off

We may (without prior notice and when permitted by law) set off the Available Credit in this Account against any due and payable debt you owe us or Program Manager now or in the future. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date.

This right of set-off does not apply to this Account if prohibited by law, including the Military Lending Act or its implementing regulations. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.

5.18 Fraud Liabilities

5.19 Card Fees and Fee Schedule

You agree to pay all fees and charges applicable to your Card. All fee amounts will be deducted from the Available Credit in your Account and will be assessed regardless of whether you have sufficient Available Credit in your Account, except where prohibited by law. Fees are subject to change at any time. We will provide you advance notice of any changes where required by law.

6 Consent to Receive Electronic Communications

To provide you with the best possible service in our ongoing business relationship for your Account, we may need to contact you about your Account or the Card from time to time by text messaging, push notifications and/or email. However, we must first obtain your consent to contact you about your Account or the Card because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission (FCC).

Your consent is limited to this Account and the Card, and as authorized by applicable laws, rules or regulations, which may include Regulation E, The Electronic Fund Transfer Act, and the United States Code (or similar guidance) (“Applicable Law”). Your consent does not authorize us to contact you for telemarketing purposes (unless you otherwise agreed elsewhere). You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.

With the above understandings, you authorize us to contact you regarding your Account and/or the Card throughout its existence using any telephone numbers or email addresses that you have previously provided to us or that you may subsequently provide to us. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing our services or products. You may withdraw your consent to SMS communications \by contacting us at support@getfundid.com.

You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. You also agree to receive alerts about your Account activity, balances, payments, suspicious activities, and other matters involving your use of the site or the services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted and may include your name and information pertaining to your Account or use of the Website. We may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.

This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voicemail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device.

If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us. To revoke the consent provided pursuant to this subsection, you must send ten (10) days’ prior written notice of such revocation via email to support@getfundid.com.

6.1 Monitoringand Recording Telephone Calls

We may monitor or record phone calls for security reasons, to maintain a record, and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation. We are not required to act upon instructions you give us by voice mail or on a telephone answering machine.

7 Other Legal Terms and Conditions

7.1 Transfer and Assignment

We may sell, transfer, or assign this Agreement and your Account.  We may do so at any time without notifying you.  You may not sell, assign, or transfer your Account or any of your obligations under this Agreement.

7.2 Legal Processes and Claims Affecting Your Account

If we receive a subpoena, restraining order, writ of attachment or execution, tax levy, garnishment, search warrant, other order relating to your Account or other legal process against you (collectively, “Legal Process”), we will comply with that legal action and in our discretion, we may freeze the Account and not allow any payments out of the Account until a final court determination regarding the legal action is dismissed or satisfied. Any Legal Process will be subject to our right of set-off and security interest. You are responsible for any losses, costs or expenses we incur as a result of any dispute or legal proceeding involving your Account. In these cases, we will not have any liability to you if there is insufficient credit to pay any transaction using your Account because we restricted access to your Available Credit in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys’ fees and our internal expenses) may be charged against your Account. 

You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Account. This includes, but is not limited to, you or a third party claiming an interest in your Account. This also includes any action that you or a third party takes regarding the Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Account when they are incurred, without notice to you.

7.3 Resolving Account Disputes

We may place an administrative hold on the Available Credit in your Account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your Account; or (3) a claim arising by operation of law. The hold may be placed for such a period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any transactions that are dishonored or returned as a consequence of placing a hold on the Available Credit in your Account for these reasons.

7.4 Limitation of Liability and Disclaimer of Warranty

EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR, INTERNET, PAYMENT SYSTEM, OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, INSURRECTION, RIOTS, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. YOU AGREE THAT YOUR RECOVERY FOR ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY US SHALL BE LIMITED TO THE CREDIT LIMIT OF THE ACCOUNT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT.

IN ADDITION, EXCEPT AS REQUIRED BY LAW, THE BANK IS NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES PROVIDED TO YOU BY THE PLATFORM MANAGER OR THE BANK. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US.

ALL BANK SERVICES AND ACCOUNT FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR ACCOUNT FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

FROM TIME-TO-TIME ACCOUNT SERVICES MAY BE INOPERATIVE, AND WHEN THIS HAPPENS, YOU MAY BE UNABLE TO USE YOUR CARD OR OBTAIN INFORMATION ABOUT YOUR ACCOUNT, INCLUDING THE AVAILABLE CREDIT ASSOCIATED WITH YOUR ACCOUNT. PLEASE NOTIFY THE PROGRAM MANAGER VIA EMAIL AT SUPPORT@GETFUNDID.COM IF YOU HAVE ANY PROBLEMS ACCESSING ACCOUNT SERVICES OR USING YOUR CARD. YOU AGREE THAT THE ISSUER, VISA^®, AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OR AGENTS ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE.

7.5 Indemnification

You agree to indemnify and hold the Bank and the Program Manager and their respective officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.

7.6 Our Right of Set-Off and Security Interest

If an Account balance exceeds the Credit Limit for fifteen (15) days, you understand that the funds in any of your accounts with the Bank can be used to cure the amount in excess of the Credit Limit. This means, there is a right to set-off any liability, direct or contingent, past, present or future that you owe against any account.

In general, we have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. This means that we can take any funds in any account you have with us to pay any debt or liability you owe us. You also agree to grant us a security interest in your Account to secure payment of any money that you owe to us or will owe us arising under this Agreement or any other agreements with us. You acknowledge that this security interest is consensual and in addition to any right of set-off. We may exercise our security interest or right of set-off without regard to the source of the funds in any account you have with us or prior recourse to other sources of repayment or collateral, even if it causes you to incur penalties or suffer any other consequence. You waive any conditions or limits to our right of set-off to the maximum extent permitted by law. We will notify you if we exercise our right to set-off if required by law.

If we take any action to collect debt incurred by you or other amounts you owe us under this Agreement or defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by applicable law. We may charge your Account for our losses without prior notice to you.

7.7 No Waiver of Rights

We may waive or decline to enforce any of our rights under this Agreement without obligating ourselves to waive such rights in the future or on any other occasion. We may release any other person obligated under this Agreement without affecting your responsibilities under this Agreement.

7.8 Conflicts and Section Headings

If there is a conflict between this Agreement and any other document or statement made to you concerning your Account or the Card, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Card, the separate terms and conditions applicable to that service or product will govern.

Section headings that appear in this Agreement are for convenience purposes only and are intended to help you find information. They should not be construed as affecting the meaning of the Agreement.

7.9 Severability

If any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. To the extent permitted by law, the parties waive any provision of law which prohibits or renders unenforceable any provisions of this Agreement, and to the extent that such waiver is not permitted by law, you and we agree that such provision will be interpreted as modified to the minimum extent necessary to render the provisions enforceable.

7.10 Governing Law, Forum and Time Limits

All actions relating to your Card and this Agreement will be governed by the laws and regulations of the United States and the State of New Jersey where your Account will be opened, irrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in New Jersey and that you will be subject to such court’s jurisdiction.

Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or New Jersey law, or another agreement you have with us, provides for a shorter time. If federal or New Jersey law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.

7.11 Website Availability 

Although considerable effort is expended to make our Website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, Website updates or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

The Account is accessed through Website hosted by the Program Manger. You are responsible for providing the Program Manager with a correct and operational email address. You must promptly notify the Program Manager of any change to your email or postal mailing address, or if you are unable to access Account information through the Website. Neither the Bank nor the Program Manager will be liable for any adverse effects to the Account as a result of undelivered mail or email or your inability to access Account information through the Website due to a failure to promptly notify the Bank or the Program Manager of a change to your email or postal mailing address. Neither the Bank nor the Program Manager is responsible for any costs you incur to maintain internet access or an email account.

You agree to act responsibly with regard to our Website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Website’s systems and integrity.

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.

8 Arbitrationand Waivers

This Arbitration Clause (“Arbitration Clause”) significantly affects your rights in any dispute with us. Please read this Arbitration Clause carefully before you sign this Agreement. This Arbitration Clause is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

In this Arbitration Clause, “dispute” means any disagreement in contract, tort, statutory or other claim or dispute between you and us arising out of or relating to your credit application, Agreement or any resulting transaction or relationship. “Dispute” includes any claim or dispute over the interpretation and scope of this Arbitration Clause.

8.1 Arbitration Procedures

Arbitration will be conducted by and under the rules of the American Arbitration Association (AAA) (www.adr.org), or any other arbitration organization you choose, subject to Bank’s or the Program Manager’s approval. You may obtain AAA rules by visiting the website.

You retain the right to sue on an individual basis in small claims court for a Dispute within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you, the Bank nor the Program Manager waives the right to arbitrate by filing suit. Neither the Bank nor the Program Manager waive its right to arbitrate by seeking non-judicial recovery of any collateral securing this Agreement.

8.2 Arbitrator’s Powers and Arbitration Fees

Arbitrators will be attorneys or retired judges and must be selected pursuant to the applicable rules of the chosen arbitration organization. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing must be conducted in the federal district in which you reside or at some other location convenient to you.

Bank or the Program Manager will pay your filing, administration, service or case management fee and any arbitrator or hearing fee, unless applicable law or the rules of the chosen arbitration organization require Bank or the Program Manager to pay more. Each party will be responsible for its own attorney, expert and other fees, unless otherwise awarded by the arbitrator under applicable law.

8.3 Informal Dispute Resolution

If a Dispute arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost-effective means of resolving the Dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Dispute to us by emailing us at support@getfundid.com. When you send us your Dispute by email, please begin the subject line of your email with the word “Dispute.” This mechanism provides us with the opportunity to resolve your concern prior to initiating arbitration.

8.4 Awards and Appeals

The arbitrator’s award is final and binding on all parties, subject to any right of appeal available under the Federal Arbitration Act. Any court within jurisdiction may enter judgment on the arbitrator’s award.

8.5 Class Actions

EITHER YOU, BANK OR THE PROGRAM MANAGER MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN THE PARTIES DECIDED BY ARBITRATION AND NOT IN COURT. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST BANK OR THE PROGRAM MANAGER. ANY DISPUTE IS TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO ARBITRATE A CLASS ACTION. THIS IS CALLED THE “CLASS ACTION WAIVER.”

8.6 Survival and Severability of Arbitration Provision

If any part of this Arbitration Clause, other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder is enforceable. If the Class Action Waiver is deemed or found to be unenforceable, then this entire Arbitration Clause will be unenforceable.

This Arbitration Clause shall survive any termination, payoff or assignment of the Agreement.

8.7 Judicial Forum for Claims

Except as otherwise required by applicable law, if this Arbitration Provision is found not to apply to you or your Claim, you, Program Manager and the Bank agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New Jersey. You, Program Manager, and the Bank consent to venue and personal jurisdiction there. All parties agree to waive our right to a jury trial.

8.8 WAIVER OF RIGHT TO LITIGATE

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY BUT ARE HEREBY KNOWINGLY AND VOLUNTARILY WAIVING THAT RIGHT BY AGREEING TO THIS AGREEMENT AND ARBITRATION PROVISION.

8.9 REJECTION OF ARBITRATION

You may opt out of this Arbitration Clause by doing so in writing to the following address and sent by registered mail, postmarked no later than 10 days from the date you sign this Agreement:  1515 E Broadway St. Missoula MT 59802. You may also do so by notifying us via email at support@getfundid.com no later than 10 days from the date you sign this Agreement.

9 Contacting Us

You may contact us with any questions or concerns regarding your Account or Card by email at support@getfundid.com.

This Card is issued by Cross River Bank, Member FDIC, pursuant to license by Visa^®. Visa^® is a registered trademark of Visa^® Incorporated. 

Credit Profile Authorization

In this Credit Profile Authorization ("Authorization"), the words "you" and "your" mean any person authorizing us to obtain and use such person's consumer reports, as described below. The words "we," "us," "our," and "Fundid" mean Fundid, Inc. and its service providers.

You authorize us to obtain consumer and business credit reports that we will use when considering your application for credit. You also authorize us to obtain consumer and business credit reports from time to time and any other information about you in connection with any legal purpose, including:

• authenticating your identity
• making credit decisions 
• increasing or decreasing in the amount of credit made available to you under your account and extensions or withdrawals of credit on your account
• ‍the administration, monitoring, and review of your account and any attendant charges and collection of your account
• ‍offering you enhanced or additional products and services

‍If you ask, we will tell you whether or not consumer or business credit reports were obtained and if the reports were obtained, as well as the name and address of the credit reporting agencies from which we obtained a report about you.

Contact Us

If you have any questions, please contact us.