PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE DIGIT PAY SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE DIGIT PAY SERVICES IN ANY MANNER.
The Digit Pay program is a program of the Bank, to which Digit is a program manager and service provider.
THESE DIGIT PAY TERMS INCLUDE, AMONG OTHER THINGS, YOUR AUTHORIZATIONS (I) FOR DEBITS AND CREDITS FROM AND TO YOUR BANK ACCOUNT (AS DEFINED BELOW) AND (II) FOR DEBITS AND CREDITS FROM AND TO YOUR Digit Pay ACCOUNT VIA THE AUTOMATED CLEARINGHOUSE NETWORK ("ACH") AND A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Digit Pay Terms and in connection with your relationship with us (collectively, "Communications") that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Digit Pay Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting Digit at firstname.lastname@example.org. If you withdraw your consent to receive Communications electronically, Digit will close your Digit Pay Account and return the balance in your Digit Pay Account to your Bank Account as set forth in these Digit Pay Terms, and you will no longer be able to use your Digit Pay Account or the Digit Pay Services, except as expressly provided in these Digit Pay Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provide Communications to you electronically, you must notify Digit of any change in your email address and your mobile device number or other text message address by updating your profile on the Website or the Application.
Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or iOS; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. "Current Version" means a version of the software that is currently being supported by its publisher.
Changes. We reserve the right, in our discretion, to communicate with you in paper form. In addition, we reserve the right, in our discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Digit Pay Terms on the Website and the Application or delivering notice of such termination or change electronically.
Authorization for ACH Debits and Credits to your Bank Account
By agreeing to these Digit Pay Terms, you authorize Digit to electronically debit and credit your designated deposit account at your designated depository financial institution (your "Bank Account") via ACH and, if ever applicable, to correct erroneous debits and credits via ACH as follows:
You also acknowledge that the amount and frequency of the foregoing debits and credits may vary and that you will not receive prior notice of the amount and date of each debit and credit.
EXAMPLE - You have authorized Digit to pay a credit card payment of $500 and a utility bill of $200. Digit has already saved $300 towards these bills on your behalf. Therefore, Digit may debit your Bank Account for a total amount up to $400 if it is safe to do so. Because you have authorized Digit to pay two bills, the remaining $400 amount could appear as two or more debits.
Authorization for ACH Debits and Credits to your Digit Pay Account
You also authorize Digit or the Bank to electronically debit and credit your Digit Pay Account via ACH and, if ever applicable, to correct erroneous debits and credits via ACH as follows:
You acknowledge that the electronic authorizations contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Digit that you wish to revoke either or both of these authorizations by emailing email@example.com. You must notify Digit at least three Business Days before the scheduled debit date of any ACH transaction from your Bank Account or your Digit Pay Account in order to cancel an authorization. If Digit does not receive notice at least three Business Days before the scheduled debit date, Digit may attempt, in its sole discretion, to cancel the debit transaction. However, we assume no responsibility for Digit’s failure to do so. If you withdraw either or both of your electronic authorizations contained in this Section, Digit will close your Digit Pay Account and return the balance in your Digit Pay Account to your Bank Account as set forth in these Digit Pay Terms, and you will no longer be able to use your Digit Pay Account or the Digit Pay Services, except as expressly provided in these Digit Pay Terms. Please note that withdrawal of your electronic authorizations contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.
In addition to any of your other representations and warranties in these Digit Pay Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.
For purposes of these Digit Pay Terms, "Business Day" means Monday through Friday, excluding federal banking holidays.
We do not currently charge any separate fees for using the Digit Pay Services.
IMPORTANT INFORMATION ABOUT OPENING A NEW DIGIT PAY 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 opening an account. Prior to opening a Digit Pay Account, we generally must obtain your name, address, date of birth, taxpayer identification number or other identifying number (e.g., Social Security number or employer identification number) and other information that will allow us to identify you. We also may ask to see documentation verifying your identity, such as an unexpired driver’s license or passport or in the case of a business, a certified copy of articles of incorporation and/or a government –issued business license.
For our compliance purposes and in order to provide the Digit Pay Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Bank Account information. When you register for the Digit Pay Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
By using the Digit Pay Services and providing User Information to Digit, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases as necessary to provide the Digit Pay Services to you. For purposes of such authorization, you hereby grant us and our respective third-party service providers a limited power of attorney, and you hereby appoint us and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR RESPECTIVETHIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, WEAND OUR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Digit Pay Services are not endorsed or sponsored by any third-party account providers accessible through the Digit Pay Services. We make no effort to review information obtained from the financial institution holding your Bank Account, biller websites, and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As among Digit, the Bank and our third-party service providers, Digit and the Bank own your confidential User Information.
The purpose of the Digit Pay Services is to try to help you save money towards your bill and complete payments for the bill before or on each due date. You will select a new bill you wish to set money aside for, specifying the amount and the due date. Digit Pay will help you pay your bills by automatically debiting and periodically transferring money from your Bank Account and depositing it into a Digit Pay Account ahead of the due date you designate. Ahead of the due date, Digit will debit the Digit Pay Account in order to complete the bill payment on your behalf.
Based upon the amount of the bill you wish to set money aside for and Digit analytics, we identify funds in your Bank Account that may be put towards your Digit Pay Account, and based upon your ACH authorization provided above, we may periodically transfer such funds from your Bank Account to your Digit Pay Account via ACH. Only funds from your Bank Account may be transferred to your Digit Pay Account. The funds in your Digit Pay Account are held at the Bank in pooled custodial account for your benefit which is eligible for "pass through" FDIC insurance.
Your funds will remain in your Digit Pay Account until Digit or the Bank electronically debits your Digit Pay Account to pay a bill or you instruct Digit to transfer any or all of your funds from your Digit Pay Account to your Bank Account by texting "WITHDRAW" to the unique number provided by us or by emailing us at firstname.lastname@example.org. We will generally transfer the requested funds from your Digit Pay Account to your Bank Account within two Business Days of when we receive your request. It is important to know the amount of available funds in your Digit Pay Account before instructing us to transfer funds from your Digit Pay Account to your Bank Account. If you do not have sufficient available funds in your Digit Pay Account to cover the amount of the requested transfer, your request for the transfer will be declined. We may also transfer funds from your Digit Pay Account to your Bank Account without notice to you upon the closure of your Digit Pay Account as described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Digit Pay Services are being used for illicit purposes or otherwise in violation of these Digit Pay Terms.
You may use the funds in your Digit Pay Account only to make bill payments to approved billers and for no other purpose. You are solely responsible for determining whether the funds debited from your Bank Account and the funds maintained in your Digit Pay Account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Digit Pay Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account or late fees or interest charges incurred from your billers.
We are not financial advisers, and the Digit Pay Services are not intended to provide financial advice. Your financial situation is unique. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guarantees of any kind that the Digit Pay Services are appropriate for you. Before using the Digit Pay Services, you should consider obtaining additional information and advice from a financial adviser.
For more information about the Digit Pay Services, please review these Digit Pay Terms and visit our Frequently Asked Questions page on the Website or the Application.
You may obtain information about the balance of funds in your Digit Pay Account at any time by texting "SAVINGS" to the unique number provided by us or by logging into your Digit Pay Account on the Website or the Application.
You agree that you will not receive interest or other earnings on the funds in your Digit Pay Account. You irrevocably transfer and assign to Digit any and all rights that you may have to any interest that may accrue on funds held in your Digit Pay Account. This assignment applies only to interest earned on the funds held in your Digit Pay Account, and nothing in these Digit Pay Terms grants us any rights to the principal of the funds held in your Digit Pay Account.
You may only use the Digit Pay Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Digit Pay Services must comply with all applicable law. If your use of the Digit Pay Services is prohibited by applicable law, then you are not authorized to use the Digit Pay Services. We are not responsible if you use the Digit Pay Services in any manner that violates applicable law.
You agree not to authorize any other person or entity to use your user name and password or mobile device to access the Digit Pay Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Digit Pay Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your Digit Pay Account. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact Digit immediately at email@example.com.
We offer the Digit Pay Services and the features, information, materials, and content provided and depicted through the Digit Pay Services (collectively, "Content") solely for your personal use for the purposes described therein and in these Digit Pay Terms. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Digit Pay Services or Content.
The Digit Pay Services and Content are protected by copyright, trademark, patent, and other intellectual property laws. We expressly reserve all rights and remedies under applicable law. Except as expressly provided by these Digit Pay Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit any Content in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Digit Pay Services or copy any Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Digit Pay Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Digit Pay Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Digit Pay Services or Content to a third party; (e) use any portion of the Digit Pay Services or Content to provide, or incorporate any portion of the Digit Pay Services or Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Digit Pay Services or Content; (g) modify the Digit Pay Services or Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Digit Pay Services or Content; (i) use the Digit Pay Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (j) jeopardize the security of your Digit Pay Account or any other person’s Digit Pay Account (such as allowing someone else to use your username and password to access the Digit Pay Services); (k) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Digit Pay Services; (l) violate the security of any computer network or crack any passwords or security encryption codes; or (m) run Maillist, Listserv, any form of auto- responder or "spam," or any processes that run or are activated while you are not logged in to access the Digit Pay Services. We may, but are not obligated to, monitor your use of the Digit Pay Services and Content.
We do not grant you any licenses, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Digit Pay Terms. We and our respective third-party licensors retain all right, title, and interest in and to the Digit Pay Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.
The Digit Pay Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, "User Content"). Any User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of "spam." If you submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. We take no responsibility and assume no liability for any User Content submitted by you or any other user or third party.
To the extent permitted by applicable law, we may, in our discretion and without liability to you, terminate (or suspend access to) your use of the Digit Pay Services, Content, or your Digit Account for any reason, including, but not limited to, your breach of these Digit Pay Terms.
If your mobile device is lost or stolen or if you suspect someone has gained unauthorized access to your username or password, you must contact Digit immediately at firstname.lastname@example.org. In order to take any action, you will need to provide certain User Information so Digit can verify your identity.
In order to use the Digit Pay Services, you must provide and verify your mobile device number or other text message address to Digit, and you must expressly consent to receive text messages relating to the Digit Pay Services at that number or address. Third-party data and message fees may apply. To verify your mobile device number or text message address, Digit may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by Digit. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.
In addition, if you provide your email address, we may send you important notices via email about the Digit Pay Services.
You may stop using the Digit Pay Services, close your Digit Pay Account, and cancel these Digit Pay Terms at any time by contacting Digit at email@example.com and providing sufficient information for us to verify your identity. Notwithstanding the foregoing, if there are any pending transactions relating to your Digit Pay Account when Digit receives your termination notice, Digit will close your Digit Pay Account promptly after such transactions are completed. Your termination of these Digit Pay Terms will not affect any of our rights or your obligations arising under these Digit Pay Terms prior to termination.
Upon the closure of your Digit Pay Account, Digit or the Bank will transfer the funds in your Digit Pay Account, if any, to your Bank Account. If your Bank Account is closed or we are otherwise unable to transfer the funds in your Digit Pay Account to your Bank Account, Digit or the Bank will send you a check for the amount of the funds to you at your street address in our records.
If you do not use the Digit Pay Services for a certain period of time, applicable law may require us to report the funds in your Digit Pay Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Digit Pay Account to the applicable state as unclaimed property. The specified period of time to report and deliver funds to a state varies by state, but usually ranges between two and five years.
Provisions of these Digit Pay Terms that, by their nature, should survive termination of these Digit Pay Terms will survive termination of these Digit Pay Terms.
You may use the Digit Pay Service to initiate one-time or recurring payments electronically from your Digit Pay Account for which this Digit Pay Service is available.
Payment Methods. The Bank reserves the right to select the method by which Scheduled Payments will be made on your behalf to your Biller. These payment methods may include, but are not limited to: (a) transferring funds electronically to the Biller; (b) preparing a check or a laser draft that is payable to the Biller, then sending this check or draft to the Biller; or (c) any other means chosen by the Bank in its sole discretion.
Limitations on Payment Amounts. We reserve the right to limit the frequency and dollar amount of your Digit Pay transactions for security reasons. You may not submit Payment Instructions for more than $40,000 in any one calendar month and for more than $100,000 in any calendar year.
Restrictions on Billers. Any obligations that you wish to pay through Digit Pay must be payable in U.S. dollars to a Biller located in the United States. The Bank reserves the right to restrict categories of Billers to whom payments may be made using Digit Pay. Digit and the Bank are not responsible for the refusal by any Biller to accept payment made using Digit Pay.
Prohibited Payments. You agree not to use the Digit Pay Service to make:
In no event shall we be liable for any claims or damages resulting from your scheduling any of these types of payments. We have no obligation to research or resolve any claim relating to or resulting from the misapplication, misposting or misdirection of these types of payments, and you accept full responsibility for the resolution of all such claims.
Your Authorization. By providing Digit with the name of a Biller and information about your account with that Biller, you authorize us to contact the Biller about your payments made or to be made through Digit Pay. You agree that, in order to process payments more efficiently, we may edit or alter payment data or data formats according to the Biller's directives. By submitting Payment Instructions through the Digit Pay Service, you authorize the Bank to debit your Digit Pay Account and remit funds on your behalf so that the funds arrive on or before the due date.
Changes to Biller Information. Any change in the information for a Biller must be made in accordance with the instructions in the Digit Pay Service. Any changes you make to Biller information may become effective immediately for scheduled and future payments, but will not apply to any payment that has begun processing at the time of your change. We shall have any liability for any payment processing errors or any fees you may incur if you do not provide accurate Biller information.
Insufficient Funds in a Digit Pay Account. You agree to submit Payment Instructions for a bill payment only when there are or will be sufficient funds in the Digit Pay Account to cover both that payment and any other items or charges to be paid from the Digit Pay Account.
If there are insufficient funds in your Digit Pay Account to pay the entire amount due for any Scheduled Payment, the Digit Pay Service may pay whatever amount has been deposited in the Digit Pay Account for the particular Biller which may be less than the total amount due or the minimum amount due. We have no obligation to inform you if the Digit Pay Service pays less than the total amount due or the minimum amount due because there are insufficient funds in the Digit Pay Account. In this situation, you are responsible for making alternate arrangements to pay the total amount due or the minimum amount due to avoid any third-party charges or disruption in service from a Biller. You agree that, if the Digit Pay Service is used to make a Scheduled Payment that overdraws the Digit Pay Account:
You will reimburse the Bank immediately upon demand for any funds advanced on your behalf.
Returned Payments/Credits to Your Digit Pay Account. You understand that payments made through the Digit Pay Service may be returned for a variety of reasons, including, but not limited to, the following: changes to a Biller's address; changes to an account number; the Digit Pay Service having been provided with incorrect information about a Biller or your account with a Biller; a Biller's inability to identify your account or any outstanding balance owed on your account. The Digit Pay Service may try to correct any obvious errors that may have caused the payment to be returned and then to resend the corrected payment, but we shall have no liability for returned payments that were sent according to your Payment Instructions. You also authorize the Digit Pay Service to credit your Digit Pay Account for any returned Scheduled Payments and for any payments sent to you through the Digit Pay Service. If we are unable to successfully complete a bill payment or the payment is rejected, we will return the funds to your Digit Pay Account.
Canceling a Scheduled Payment. You may cancel or edit any Scheduled Payment that has not begun processing by following the directions within the Digit Pay Service. There is no charge for canceling or editing a Scheduled Payment that has not begun processing. Once the Digit Pay Service has begun processing a Scheduled Payment, you cannot cancel or edit the Scheduled Payment, but you may be able to stop the Scheduled Payment by submitting a stop payment request.
Stop Payment Requests on Scheduled Payments. If you wish to stop a Scheduled Payment once it has begun processing, you should contact Digit at 1-888-322-3103 as soon as possible. Digit or the Bank also may require you to make your request in writing. The ability to stop any Scheduled Payment will depend on both the method used to make that payment and when you contact Digit. Some payment requests cannot be stopped once processing has begun. For Scheduled Payments that can be stopped, Digit must receive your stop payment request in sufficient time to allow the payment to be voided, which generally will be at least three (3) Business Days before the Scheduled Payment Date. If Digit is unable to stop your Scheduled Payment, it will be processed according to your original Payment Instructions, and Digit and the Bank will have no liability for failing to stop this Scheduled Payment.
Digit Pay Electronic Fund Transfer Disclosure Statement. The following disclosures are made in accordance with federal law regarding electronic transfers to and from your account(s) through the Digit Pay Service. There may be limitations on account activity that restrict your ability to make electronic fund transfers, including but not limited to a Biller may not be an approved Biller because it does not have a United States address or does not accept electronic payments.
Additional Digit Pay Terms. In conjunction with your access or use of the Digit Pay Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website or the Application, including, but not limited to, terms and conditions for Digit referral or rewards programs (the "Additional Digit Pay Terms"), which are hereby incorporated by reference into these Digit Pay Terms. In the event of a conflict between any Additional Digit Pay Terms and these Digit Pay Terms, these Digit Pay Terms will control.
Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE DIGIT PAY SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE DIGIT PAY SERVICES IS AT YOUR SOLE RISK. THE DIGIT PAY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE DIGIT PAY SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (A) THE DIGIT PAY SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE DIGIT PAY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGIT PAY SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE DIGIT PAY SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE DIGIT PAY SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE DIGIT PAY SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DIGIT PAY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT DIGIT, THE BANK, AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) THE PERFORMANCE OF THE DIGIT PAY SERVICES OR THE INABILITY TO USE THE DIGIT PAY SERVICES; (B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE DIGIT PAY TERMS, THE DIGIT PAY SERVICES, OR CONTENT; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT TRANSFERRED FROM YOUR BANK ACCOUNT TO YOUR DIGIT PAY ACCOUNT VIA THE DIGIT PAY SERVICES; OR (D) ANY EVENT BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. At our request, you agree to defend, indemnify, and hold harmless Digit, the Bank, and their respective affiliates, employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Digit Pay Services, violation of these Digit Pay Terms, applicable law or any third-party rights, or your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
Assignment. You may not transfer, assign, or delegate these Digit Pay Terms or your rights or obligations hereunder or your Digit Pay Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Digit Pay Terms and any rights and obligations hereunder without your consent.
Third-Party Beneficiary. You agree that any third-party service providers are third-party beneficiaries of the applicable provisions of these Digit Pay Terms, with all rights to enforce such provisions as if such service providers were a party to these Digit Pay Terms.
Governing Law. These Digit Pay Terms are made under and will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
DISPUTE RESOLUTION BY BINDING ARBITRATION: JURY TRIAL WAIVER: CLASS ACTION WAIVER. For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Digit Pay Services or these Digit Pay Terms (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district of your residence. As used in this Section, "we" and "us" mean Digit, the Bank and their respective subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, "we" and "us" include any third party providing any product, service, or benefit in connection with the Digit Pay Services or these Digit Pay Terms (as well as any related or prior agreement that you may have had with us regarding the Digit Pay Service) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association ("AAA") with substantial experience in resolving commercial contract disputes. As modified by these Digit Pay Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures").
You should review this provision carefully. To the extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in the state or municipality of your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) subject to the limitation of liability provisions of these Digit Pay Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
This Section will survive termination of your Digit Pay Account and these Digit Pay Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, either subpart (a) or (b) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
If you wish to opt out of this arbitration provision, you must notify us of your election in writing within 30 days of the date that you first became subject to this arbitration provision or within 30 days of the effective date of any material change to these Digit Pay Terms by sending a written notice to us by certified mail at the following address: Hello Digit, Inc., 235 Montgomery St., Suite 650, San Francisco, CA 94104, Attn: Digit Pay Arbitration Opt-Out. Your opt-out notice must include your name, address, phone number, and email address.
For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Digit or the Bank may add to or terminate any of the Digit Pay Services or amend these Digit Pay Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Digit Pay Terms on the Website and the Application or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Digit Pay Terms, but accepting these Digit Pay Terms, as revised, is required for you to continue accessing or using the Digit Pay Services. If you do not agree to these Digit Pay Terms or any revised version of these Digit Pay Terms, your sole recourse is to terminate your access or use of the Digit Pay Services. Except as otherwise expressly stated by us, your access and use of the Digit Pay Services are subject to, and constitute your acceptance of, the version of these Digit Pay Terms in effect at the time of your access or use.
If you have any questions, comments, or concerns regarding these Digit Pay Terms or the Digit Pay Services, please contact us at firstname.lastname@example.org or at:
Hello Digit, Inc.
235 Montgomery St, Suite 650
San Francisco, CA 94104
Attention: Digit Legal
If you have any questions, comments, or concerns regarding these Digit Pay Terms or the Digit Pay Services or you were unable to resolve an issue with Digit regarding the Digit Pay Services, please contact the Bank at email@example.com.