This probably isn’t the only agreement that applies to your relationship with us. For example, if you sign up for additional features (like Investing/Retirement), you’ll have add-on terms. You may also enter into agreements with third parties, like our bank partners or vendors.
One important point that we get to later but should talk about up-front: Digit is not a financial adviser. We use sophisticated and well-trained robots that make decisions for you based on algorithms, but we can’t anticipate everything. We can’t promise that the Services will fit every situation. For example, we might study a year of your transactions and predict that you can save $60 this month, or that your electricity bill will be around $88. But you might impulse-buy a $300 pair of shoes, or leave your A/C on for 3 weeks straight. We’ve developed features that can help account for many financial situations, but you should customize the Services to suit your needs and check in regularly to make sure they’re being met. We’re here to help and make life easier, but ultimately you, not Digit, are responsible for ensuring that your Linked Bank Account or Digit Account have sufficient funds for your needs.
THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION AND JURY WAIVER. PLEASE READ SECTION 13 BELOW FOR MORE INFORMATION.
Last updated: December 8, 2021
1. Your Consent to Electronic Signatures and Communications
Let’s knock some easy stuff out first: this is a digital service and we communicate with you digitally (e.g., in-app messages, email, SMS, etc.).
How We’ll Communicate with You. We may send text messages with things like tips, transactions notifications and Account balances. We may also send emails (including promotional emails), and push notifications. You consent to receiving text messages (including autodialed, prerecorded and promotional messages) from us and/or our third-party service providers. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
You may ask us not to send further text messages by replying STOP to any message you receive from us. If you need help, you can reply with the keyword HELP or email us at email@example.com.
Your Consent. You agree to electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us (collectively, "Communications"). This includes anything we’d otherwise be required to give to you in paper form (e.g., by mail).
Your Representations. You agree that: (1) you've read and understand this section; (2) you satisfy the minimum hardware and software requirements below; and (3) your consent will remain in effect until you withdraw it (see below).
Your Right to Withdraw Your Consent. You may withdraw your consent by contacting us at firstname.lastname@example.org. Digit is an electronic-only product, so if you withdraw this consent, we’ll close your Digit Account and return the balance(s) to your Linked Bank Account, and you won’t be able to use your Digit Account or the Services. Your withdrawal will be effective after we have a reasonable period of time to process it and will not apply to Communications we send before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current. You agree to notify us if your email address, your mobile device number, or other text message address changes 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. To access and keep electronic Communications, you must have: (1) a valid email address; (2) a connection to the Internet; (3) a Current Version of Internet Explorer, Mozilla Firefox, Safari, or Chrome; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (5) a computer or device and an operating system capable of supporting all of the above; and (6) 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 can switch to communicating with you in paper form (and stop communicating electronically) when we deem it necessary, and can also change these terms and conditions. Except as otherwise required by law, we’ll notify you electronically or by updating these Terms on the Website and the Application.
2. Conditions To Using Our Services
Eligibility. You must be 18 or older and a resident of the United States. By signing up, you agree that you: (i) are at least 18; (ii) haven’t been suspended or removed from the Services; (iii) are a resident of the United States; (iv) aren’t violating any laws by registering and using the Services, (v) will keep in your Digit Account profile a valid phone number and email address that you’re authorized to use.
Account Limitations. You can only have one personal Digit Account, and can only use the Services for personal (and non-commercial) purposes. If you don’t agree, you can’t use the Services.
Tax Stuff. Under penalty of perjury, you certify that: (a) the Social Security Number that you provided to Digit is your correct taxpayer identification number (TIN), and (b) you are a U.S. citizen or other U.S. person, and (c) you are not subject to backup withholding because you are (i) exempt from backup withholding, or (ii) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified you that you are no longer subject to backup withholding.
If you are subject to backup withholding (if you were notified by the IRS that you are subject to backup withholding as a result of a failure to report all interest or dividends and have not been notified by the IRS that you are no longer subject to backup withholding) please contact us immediately at email@example.com.
3. Your Subscription Fee
Digit is a subscription service. The terms of the subscription fee are disclosed in our Billing Agreement (“Billing Agreement”). If there is conflict between any term in this Agreement and the Billing Agreement, the Billing Agreement applies.
4. Changes to Terms
Changes to Services and Agreement. We may change or terminate the Services, change this Agreement, or turn off functionality at any time.
Notification of Changes. When we make changes to this Agreement, we’ll post the updated version on our website and make it available through the Application. We may also notify you via email. Please check this Agreement periodically for changes.
You Agree to Changes. If you don’t want to accept this Agreement or any changes to it, you should stop using the Services and terminate your Digit Account. Using the Services means you accepted the version of the Agreement in effect at the time.
Disputes. Disputes about this Agreement will be resolved according to the version in effect at the time the dispute arose.
5. How Your Digit Direct Account Works
Partnership with Pathward. Digit partners with Pathward to offer deposit accounts. These accounts are also subject to a separate agreement called the Demand Deposit Agreement (“DDA”), which you’ll see before you finish signing up. It has more details about your bank account (e.g., your relationship with Pathward, account transaction limits, your liability for unauthorized transactions, and how to tell us if you spot an error). If there is conflict between this Agreement and the DDA, the DDA controls.
Account Structure and Ownership. When you sign up for Digit Direct, we’ll open Spending, Savings, and Bills accounts for you at Pathward (collectively, “Account” or “Accounts”).
You’ll Receive Two Debit Cards. We’ll issue you separate Spending and Bills debit cards, so that we can help you track that spending and keep it separate. These cards are governed by the Debit Card Agreement. If there is conflict between this Agreement and the Debit Card Agreement, the Debit Card Agreement controls.
- Spending Debit Card. You’ll receive a physical card, plus you can see the card number in the Application. You can use the card number immediately (see the Debit Card Agreement for more details). In most cases, you’ll receive the physical card in the mail within ten (10) business days after opening your Account. The Spending debit card will draw on available funds in your Spending account and can be used the same way you would use any other Visa® debit card to make purchases or ATM withdrawals.
- Bills Debit Card. This is issued only as a “virtual” card (a card number, but no plastic card) and usable immediately. This Bills debit card draws only from available funds in your Bills account and you should use it for one-time and recurring bills. You can use the virtual Bills card to set up payments online with your billers but you will not receive a physical card to use for in-person merchant transactions.
Checks. You can send checks using the Application. They’re mailed out using the US Postal Service. We won’t send you a checkbook.
What It’s For
How You Use It (e.g., Cards)
Spending holds money for your everyday spending. We’ll frequently review your history, bills, goals, and due dates across your Accounts and try to figure out the optimal amount to keep in your Spending account.
Use your physical Spending card (the one you got in the mail) or the card number on it (e.g., buying something online).
We’ll set aside money in Bills for your upcoming bills based on the bills currently configured in your Bills Account.
Pay bills using your virtual Bills card number or the account and routing number associated with the account (you can find these in the Application).
This is meant to be your virtual piggy bank for money you probably don’t need to spend right now. We create a Rainy Day fund which we’ll automatically move money into as it comes into Digit (e.g., your paycheck). You can also create your own Savings goals (like “Vacation” or “New Car”) and we’ll account for and save for them.
We’ll move money between your Accounts, and you can too! While you can’t use your Savings account as a spending device, you can easily move money from Savings to Spending in the Application and spend it that way.
Waiver of Interest. Digit may earn interest on members’ funds deposited with Pathward. You may get rewards (e.g., contests, prizes, referral bonuses, etc.) for being a member or doing certain things (e.g., shopping at certain stores) but you will not earn or be paid interest, dividends, or earnings on the funds deposited in Digit Direct. You irrevocably assign to Digit all rights you have to interest on funds held in your Account. This assignment applies only to interest earned, unless expressly stated otherwise, nothing in these Terms grants Digit any rights to the principal of the funds held in your Digit Account.
Getting Money Into and Out Of Your Digit Account
Moving Money into Digit. To make all these cool features work, you’ll need to get money into the Account. You can: (i) set up Direct Deposit with your employer to have your paycheck deposited into Digit Direct; (ii) authorize Digit to initiate recurring ACH transfers from a Linked Bank Account (“Smart Deposits”); and/or (iii) initiate a manual ACH transfer from a Linked Bank Account or any other bank account (including service providers like Venmo) to Digit at any time. Transfers via ACH may take up to 5 business days. NACHA rules apply to all ACH transfers (you’ll be able to read more about that when you’re initiating a transfer). Also check the Demand Deposit Agreement for limitations (e.g., amount, frequency).
Linking Bank Accounts. By linking your external account, you give us access to your financial records at that institution (e.g., identity information and transactions). Digit’s access to the Linked Bank Account and use of that data is governed by the Linked Bank Account Access Authorization (“Access Authorization”) that is automatically incorporated here. If there is conflict between this agreement and that one, the Access Authorization controls.
Early Direct Deposit. Digit may make your direct deposit available up to two days before its scheduled effective date. There are no requirements to be eligible, but availability is not guaranteed (e.g., we need to receive information about the upcoming deposit from your payroll provider before the effective date for it to work). If we give you the money early but then we never actually receive it, we can debit your Digit Account and your Linked Bank Account up to the deposit amount even if it would overdraw your accounts or cause transactions to be declined. You’ll remain liable for any outstanding balance until it’s paid in full or its collectability is limited by law.
Transfer Among Accounts. You can transfer cash among your Bills, Spending and Savings Accounts through the “transfer” feature in the Application.
Transfer to Linked Bank Account. You can also transfer money to your external Linked Bank Account. Transfers via the ACH system may take up to 5 business days to arrive. Also check the Demand Deposit Agreement for additional limitations (e.g., amount, frequency).
7. Understanding Your Balances and Overdraft (But We Don’t Charge Overdraft Fees)
“Overdraft” refers to times when there isn’t enough money in the available balance in your Spending or Bills account (they’re separate!) to pay for a transaction. We are set up to not allow overdrafts. Any transaction that exceeds your available balance in the Bills or Spending account will be declined at the time of attempted posting or authorization.
That said, it’s theoretically possible to end up with a negative balance in specific outlier cases (example below). If that happens, we won’t charge you any additional fees for your Account going negative; we’ll just collect what you owe us. For example, if you somehow end up with a balance of -$3, we will just deduct $3 from your next deposit. In the meantime, you authorize us to move money around between your Accounts (and from your Linked Bank Account) to cover the amount you owe us.
Your Account Balance. Each of your Accounts has two kinds of balances: Current Balance (also called the “actual” balance) and Available Balance. You can check Available Balance by logging into the app. It is important to understand how the two balances work so that you know how much money is in each of your Accounts.
- Current Balance. This is the total of all deposits to your Account (including some that may not have fully processed yet, and may not be available to spend), setting aside payment transactions that have already fully “posted” to your Account. Example: You have $1,000 in your account on a Monday. On Tuesday, you write a check for $100 and buy something on your debit card for $200. Your Current Balance on Tuesday will likely be $1,000, even though it will be $700 once everything is processed.
- Available Balance. This is the money in your Account that is available for use (Current Balance minus holds and unposted transactions). We use this to determine if we’ll authorize a transaction and whether your Account is overdrawn. Your Available Balance may not reflect (1) all of your automatic bill payments that you’ve authorized, (2) other outstanding transactions that haven’t been paid from your Account, (3) recent deposits to your Account that are subject to delays and “holds” that result from ACH processing timelines and as otherwise described in our Funds Availability Policy. Example: You have $1,000 in your account on a Monday. You take $20 out at the ATM. You also buy $100 worth of groceries and spend $50 at a gas station. On Monday night, your Available Balance will likely be $830, because (a) the ATM transaction processes immediately, (b) the grocery store told us “this customer authorized a $100 transaction” (even if it hasn’t fully processed yet), and (c) the gas station did the same thing.
Debit Card Transactions. Your balances may not reflect all of your pending debit card transactions or correct transaction amounts. A couple real-world examples:
Example 1 (The Point-of-Sale Shoe Purchase):
- You have $1,000 in your available and current balances.
- You buy shoes with your debit card for $200. We get the debit card authorization transaction from the shoe store (that’s essentially the shoe store telling us, “I’m going to eventually collect $200 from this customer via another transaction”). You’ll see it as “pending” in your account and your Available Balance is now $800.
- If the shoe store doesn’t send the settlement transaction to us in the next 3 days, the authorization expires and your available balance goes back up to $1,000.
- But even if you can’t see it as pending, you shouldn’t spend that $200, because it’s already been spent on those shoes (the store just hasn’t finalized it yet). Imagine that you spend more money in the meantime: if you spend enough that your available balance gets down to less than $200 when we finally get the settlement transaction from the shoe store, we will have to pay it on your behalf and your account will go negative.
Example 2 (How Merchants Like Gas Stations Usually Work):
- You buy gas and pay at the pump with your debit card.
- The gas station sends us an authorization transaction for $1, because they want to make sure your card works but they don’t know how much gas you’re planning on getting and how much it will cost.
- The $1 will be pending in your account (your available balance will go down by $1), but that’s not enough to cover what you eventually spent at the pump. Let’s say your gas costs $50.
- If you don’t have $50 in your available balance when we get the settlement transaction from the gas station, we will still have to pay it on your behalf and your account will go negative.
Available Funds. When we have information about pending or upcoming transactions (e.g., your scheduled bill payments) we calculate your overall available funds and allocate them among your Bills, Spending and Savings. But we do not always have information about every type of a pending or upcoming transaction that you’ve made. You should check your balances before making a purchase with your Spending debit card or paying a bill with your Bills debit card. You can always move funds between Accounts to ensure you can cover your transactions.
8. How Our Algorithms Work (and How You’re Not Completely Predictable)
Our Services are designed to help you save, pay your bills, invest and set aside money for spending with minimal effort. In 2014, we began working on an algorithm that automatically analyzes financial spending patterns, savings goals, income predictions, and upcoming bills, and creates a financial outlook that can be used to make savings decisions. Since then, we’ve been feeding it more data (hundreds of millions of transactions) and continuing to improve it.
User Controls. You can customize your Digit experience and how the algorithm works for you. Like:
- Minimum Spending Level: You can set the minimum amount that you want to have available for spending. If you set this at $300, this means that Digit will prioritize ensuring $300 is in your Spending account (even if it means you’ll miss a bill payment -- use wisely!).
- Pause Saving: You can help Digit prioritize between your goals by pausing saving for longer-term goals or goals that are not your priority. You can use “Pause Saving” and “Resume Saving” for a goal any time you want and we will adjust the algorithm based on your selection.
- Move Money: You can always manually move cash between your Spending, Savings, and Bills accounts to account for your situation. (See Section 6, above.)
No Guarantee. We put a ton of work into the algorithm, and hope it works great for you. But it’s a computer program, not a psychic. You may impulse-buy a new pair of shoes, or need money for a down payment on a house that we could never see coming, or maybe you pay your rent in cash every month and we don’t recognize it as a bill. You should customize Digit to your specific situation (see above), and monitor how it’s working for you. We’re here to help and make life easier, but ultimately you, not Digit, are responsible for ensuring that your Linked Bank Account and Digit Account have sufficient funds for your needs, purposes, or transactions.
Smart Deposit. When you connect a Linked Bank Account as part of opening your Digit Direct Account, we’ll automatically turn on our Smart Deposit feature. This feature intelligently moves money from your external Linked Bank Account into your Digit Account to help you start saving towards bills and goals and give you some spending money to use with your Digit debit card. The algorithm calculates a suggested amount every week and then moves it into your Digit Direct account, where it gets allocated among your Bills, Saving, Spending, and (optionally) Investing/Retirement accounts. Don’t worry -- we’ll notify you (check the Application) the day before the scheduled transfer so you know when and how much. You can also use the Application to skip any transfer (as long as it’s before it begins processing) or turn off the feature altogether.
While this feature is pretty smart, it’s important to know that you’re the only one who can know if the suggested amount is the right amount to move to Digit. If you don’t skip transfers and don’t turn off Smart Deposit, your Linked Bank Account may sometimes become overdrawn because of transactions that follow the transfer. (Also keep in mind it’s an ACH transfer so it may take up to 5 business days to fully process.) We’re not responsible for any declined transactions, late payments, negative credit reporting or third-party fees that may be incurred as a result. We may have an Overdraft Reimbursement Policy to cover some of the overdraft fees if they’re caused by Digit.
9. How You Access Your Account, and a Few Limitations
Credentials. Don’t share your username or password. It’s up to you to keep them and your devices safe. Except as otherwise required by law, you’re responsible for all transactions and other activities authorized or performed using your credentials and/or mobile device, whether authorized or unauthorized by you.
Unauthorized Account Access and Disclaimer of Our Liability. If you suspect unauthorized activity or access to your username, password, device, or Account, contact us immediately at firstname.lastname@example.org.
Agents and Power of Attorney. You can’t add users to your Digit Account, but you can submit a valid Power of Attorney to allow your agent to access your Account. They will have access to your private financial information and will be acting on your behalf (e.g., transactions). You agree that we have no duty to ensure the agent acts for your benefit. We may not be able to, and aren’t required to, implement all restrictions to the agent’s access that you outline in the Power of Attorney. We may continue to honor the agent’s transactions until: (a) we receive written notice that you terminated their authority, and (b) we've had a reasonable opportunity to act on it. You agree not to hold us responsible for any loss or damage you may incur as a result of our following instructions given by an agent acting under a valid Power of Attorney.
Death or Incompetence of Account Owner. If an Account owner dies or is declared legally incompetent, we may continue to honor checks, items and transfer instructions and authorizations until we: (a) know of the death or legal incompetence, (b) receive supporting documentation, and (c) have had a reasonable amount of time to act on it. We may continue processing scheduled transactions and pay checks drawn on or before the date of death or legal incompetence unless ordered to stop payment by someone claiming interest in the Account. Digit Accounts are non-transferrable, which means if the Account owner dies, the funds in the Account will be distributed by law but no other person or entity will become an owner or authorized user of that Account.
Fraud and Unusual Activity. We monitor transactions and accounts for things like fraud and unusual activity. These controls can impact your ability to access and transact. For example, if your payroll provider lists a different name for you than what we have on file, we may delay or be unable to process your direct deposit. We may need to apply these access restrictions immediately and may be prohibited from notifying you to ensure security or comply with legal process.
Unauthorized Account Access. To protect your information, Account, and funds, we may suspend access to your Digit Account if we believe your Account has been accessed without your authorization or if you dispute a transaction.
Inactive Login. If you do not use your Account for an extended period of time, your Digit log-in may become “inactive.” Your access to your account may be temporarily restricted and you’d need to contact us at 866-630-2506 to reactivate.
Court Orders. We will comply with court orders or directives from federal or state agencies. See Section 14 for additional information on Legal Process.
10. How You Close Your Account (and When We Might)
We may close your Account at your request or our discretion (some possible reasons are below). When accounts close, we generally deposit the funds (minus any pending debits or funds restricted by a court or federal or state agency order) to your Linked Bank Account. If you don’t have one, or we can’t complete the transfer, we’ll mail you a check to the address on record. In some cases, we may wait for pending transactions to complete prior to closing. Closing the Account will not affect any of our rights or your obligations that arose under this Agreement before the Account was closed.
You May Close Your Account. To close our account, contact us at email@example.com.
Violation of these Terms. If you violate these Terms (e.g., opening more than one Digit account, failing to pay the subscription fee) we may close your Account.
Fraud/Illegal Activity. We may close your Account if we believe you (or someone on your Account) has been accessing or using the Account in violation of law or with intent to defraud.
Inactive Accounts. If, for two years, you don’t perform any transactions and we haven’t heard from you, we may close your Account for inactivity. Automated transactions that Digit performs or you’ve set up with a biller to perform more than two years ago won’t count as transactions that keep your account “active”. But we’ll know that you’re an active member if you sometimes use your debit card, log into your account or contact our Customer Service. We’ll try to reach out to you before closing your Account for inactivity, but it’s your responsibility to make sure that we always have your current email address and phone number on file. We’ll move the money from your Digit Account to your Linked Bank Account, if we close it for inactivity.
If you do not have any transactions in your Digit Account for a consecutive 12-month period, your log-in may become inactive, and if you do not reactivate it in 90 (ninety) days, we may close your Account after providing you any required notice.
Escheatment. If you don’t use the Services for a while, the law may require us to treat the funds in your Digit Account as abandoned property (called “escheatment”). We will try to contact you first, but if we can’t or you don’t respond, we may have to send any money in your Digit Account to your state. Escheatment rules vary by state, but the time of inactivity usually ranges between two and five years.
We Receive an Order We Must Comply With. We will comply with any valid and applicable order of a court or other federal or state agency directing us to close your Account.
Changes in Digit Ownership, Partnerships, Product Offerings or Operations. We may close your Account if it is required by changes in the company ownership, partnership relationships or product offerings or changes in our operations that would be inconsistent with continued Account operation.
11. Law Stuff About Intellectual Property and User Content
Stuff You Won’t Do. You may not modify, reverse engineer, reproduce, resell, license, or otherwise exploit anything on the Services. You agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual process to access the Services; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on our infrastructure; (c) use any device or software to interfere; (d) reverse engineer, decompile, or try to get the source code; (e) use the Services in any way that is illegal, harmful, fraudulent, or otherwise objectionable, as we may determine in our sole discretion; (f) jeopardize the security of any Digit account (e.g., letting someone use your login and password); (g) attempt to get another user’s credentials or security info; (h) violate the security of any computer network or crack any passwords or security encryption codes; or (i) run Maillist, Listserv, or any other kind of spam. We may monitor your use of the Services.
No License. We do not grant you any licenses to our intellectual property or the intellectual property of our licensors, except as expressly stated in this Agreement. We and our third-party licensors retain all right, title, and interest in and to the Services, and any associated intellectual property rights.
User Content. The Services may permit you to submit content (collectively, “User Content”), like customizing parts of the Services (e.g., savings goals) and communicating (e.g., messaging our Customer Support team). We take no responsibility and assume no liability for any User Content.
Content Rules. User Content can’t be illegal, harmful, threatening, obscene, fraudulent, pornographic, infringing on intellectual property rights, purposely false or hurt other people.
12. Limitations on Our Liability and Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT DIGIT, ITS AFFILIATES, AND ITS AND THEIR 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 SERVICES OR YOUR INABILITY TO USE THE 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 THIS AGREEMENT OR THE SERVICES;
(C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT TRANSFERRED FROM YOUR LINKED BANK ACCOUNT TO YOUR DIGIT ACCOUNT VIA THE 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.
Indemnification. At our request, you agree to defend, indemnify, and hold harmless Digit, its affiliates, and its and their respective 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 Services, violation of this Agreement, applicable law or any third-party rights, or your fraud or willful misconduct. The 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.
Disclaimer and No Warranty. We use sophisticated and well-trained robots that make decisions for you based on algorithms, but we can’t anticipate everything. We can’t promise that the Services will fit every situation. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES AS TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE AND OUR THIRD-PARTY SERVICE PROVIDERS CANNOT GUARANTEE THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE FOR EVERY SITUATION, (D) THE QUALITY THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE 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 SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE 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.
13. How We Will Resolve Disputes (It’s Arbitration)
You agree that if we have a dispute about this Agreement or the Services (a “Dispute”), we’ll have to take care of it in Arbitration (vs. court). PLEASE READ THIS CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS HOW YOU CAN SEEK RELIEF FROM US.
Governing Law. Except as otherwise required, the Agreement and the resolution of any Disputes will be governed and construed by California law without regard to its conflict of laws principles.
Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Digit, you agree to try to resolve the Dispute informally by contacting support@ digit.co. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Digit may bring a formal proceeding.
We Both Agree To Arbitrate. You and Digit agree to resolve any Disputes through final and binding arbitration, except as listed under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting this Agreement or within 30 days of the effective date of any material change to these Terms by sending a written notice to us by certified mail at the following address: Hello Digit, LLC, 100 Pine St., 20th Floor, San Francisco, CA 94111, Attn: Arbitration Opt-Out. Your opt-out notice must include your name, address, phone number, and email address.
Arbitration Procedures. 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. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect (“Rules and Procedures”). Arbitration will be handled by a sole arbitrator according to those rules. The arbitration will be in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees. The AAA rules will govern arbitration fees. If the arbitrator finds that your claim and relief is proper and has merit, and you show that the costs of arbitration will be prohibitive as compared to the costs of litigation, we’ll pay as much of your arbitration filing/hearing fees as the arbitrator says is necessary to prevent it from being cost-prohibitive (as compared to the cost of litigation).
Confidentiality. The arbitrator will honor valid claims of privilege and privacy. The arbitration will be confidential, and none of the parties may disclose the existence, content, or results of any arbitration, except as required by law or to enforce the arbitration award.
Arbitration Award. Subject to the limitation of liability provisions of these Terms, the arbitrator may award any available individual relief or individual remedies.
Exceptions to Agreement to Arbitrate. Either you or Digit may assert claims, if they qualify within the jurisdictional limits of the small claims court, in small claims court in San Francisco, California, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve Disputes with Digit on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement. 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.
Judicial Forum for Disputes. Except as otherwise required by law, if the agreement to arbitrate is found not to apply to you or your claim, you and Digit agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Digit consent to venue and personal jurisdiction there. We both waive our right to a jury trial.
Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Services must be filed within one (1) year after such claim or cause of action arose, or it will be barred forever.
Severability of Provisions. With the exception of the subpart 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 rest of this arbitration provision will remain effective and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, the subpart of this Section prohibiting arbitration on a class or collective basis 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.
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.
14. How We Respond to Legal Process (e.g., Subpoenas and Garnishments)
Receipt of Legal Process. Bank accounts are subject to legal processes, like tax levies (e.g., if you don’t pay your taxes and the IRS contacts us about it) and subpoenas (e.g., people can serve subpoenas on us about your finances). We can’t list them all, but here are some: writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena and warrants. If we receive one at any of our offices (and by any acceptable method) and believe it’s valid, we may honor it.
Digit is Not Liable and Will Not Assert Exemptions. We won’t be liable to you for honoring legal process and won’t take on any obligation to assert on your behalf any exemptions to execution or attachment under any applicable state or federal law. For example, if the IRS says “give us records about their account” and you say “wait, I paid them already!” that’s something between you and the IRS; we’ll still respond to them.
Account Restrictions. We may deny withdrawals or transfers from your Account until the legal process is satisfied or dismissed even if it results in insufficient funds to process your transactions. When we receive an order telling us to restrict access to funds in an Account, we may remove the funds from the Account and maintain them separately. These funds will not be considered part of your combined balances.
Processing Fee Reimbursement. If we receive any legal process related to you or your Account, we may collect from you our processing fee, and reimbursement for our record research, reproduction and handling costs. We’re not saying we automatically will, but in some limited cases, we may deduct the fee, as well as any expenses (e.g., attorneys’ fees in connection with any such document or legal process), from your Account or your Linked Bank Account without prior notice to you, or we may bill you directly.
15. Some Miscellaneous Stuff That Didn’t Fit Anywhere Else
Third Party Websites. The Services may contain links or connections to third-party websites or services that are not owned by Digit or our affiliates. We don’t control or endorse those sites (unless we say otherwise) and aren’t responsible for their content. Your access and use of third-party websites and services are subject to applicable third-party terms and conditions and privacy policies.
Taxes. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves.
Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect.
Entire Agreement. This Agreement is the entire agreement between us with respect to the Services and supersedes anything else.
Survival of Terms. If this Agreement or the Services are terminated, the terms in this Agreement that by their nature are continuing shall survive the termination, including the indemnification and hold harmless obligations, disclaimers and limitations of liabilities.
16. Other Documents That Are Incorporated Into This Agreement
There are several other disclosures, terms and agreements (“Additional Terms”) that apply to your relationship with Digit and use of the Services. They’re incorporated by reference into this Agreement. By accessing or using the Services you agree to these and any other terms provided to you at any time during our relationship that are applicable to the Services.
- Digit’s Billing Agreement
- Sweepstakes Terms & Conditions
- Referral Program Terms & Conditions
- Retirement and Investment
- Digit Direct by Pathward Demand Deposit Account Agreement and Fee Schedule
- Your Authorization for ACH Debits and Credits
- Debit Card Agreement
17. Contacting Us
If you have any questions, please email us at email@example.com, or write to us at:
Hello Digit, LLC
100 Pine St, 20th Floor
San Francisco, CA 94111
Attention: Digit Legal
Sensitive Information. Because email communications are not always secure, please do not include account numbers or other sensitive information such as racial or ethnic origin, political opinions, religion, health, or the like) in your emails to us.
Digit’s Billing Agreement
Digit Subscription. Digit is a paid subscription service. We analyze your spending and move money between accounts (e.g., from your Linked Bank Account into your Digit Account, or between your Digit Direct Accounts) to save for your Bills, Spending, Savings and Investment/Retirement. We may not move money every day, but we analyze your accounts daily.
Subscription Fee and Billing. We’ll set money aside for this bill in your Digit Account and withdraw it monthly to pay for the upcoming month’s Services. When you join Digit, we’ll set a monthly due date and your fee will be due on the same date each month (though we may slide it around based on your Account activity to make sure that you have enough money to pay it).
Special Pricing. You can upgrade to annual Membership in the Application at any time. If you do, we’ll save money for the Annual Subscription Fee in your Digit Account and withdraw it annually on the due date. Again, we may slide it around to make sure you’ve saved enough money to pay it.
Free Trial. If you get a free trial when signing up for Digit, the monthly fee will be due the day after your free trial expires. We’ll start setting money aside in your Bills account for this fee (see above). You can cancel your Subscription and close your Digit Account before any free trial ends if you don’t want to pay this fee.
Subscription Fee Changes. We may change the Subscription Fee and billing practices at any time. We’ll let you know of these changes in advance and as required by law.
Linked Bank Account Access Authorization
Access to your Linked Bank Account. Digit uses information from the financial institution(s) that hold your Linked Bank Account(s) and other third-party websites and databases (collectively “Third Parties” or “Third Party”) to provide the Services (e.g., to see your transaction history, or to help you pay your credit card bill). Sometimes we use a third-party service provider to access, collect or analyze information for us. When we use “Digit” in this Access Authorization, we’re including service providers acting on our behalf.
Your Authorization. You authorize us to get information about you and your Linked Bank Account from the financial institution holding your Linked Bank Account and additional personal and financial information about you that we may need to provide Services to you from any other Third Party.. This authorization doesn’t expire, but you can let us know if you want to revoke it.
Power of Attorney. You grant Digit a limited power of attorney, and you appoint Digit as your attorney-in-fact and agent, SOLELY to access Third Party services to request and retrieve information and use it to provide Digit Services to you.
WHEN DIGIT ACCESSES AND RETRIEVES INFORMATION FROM ANY THIRD PARTY, DIGIT IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
Reliance. Third Parties can rely on this Access Authorization when providing information to Digit.
Information. Digit will not review information from any of the Third Parties for accuracy, legality, or non-infringement. As between Digit and our third-party service providers, Digit owns your confidential information.
Referral Program Terms and Conditions
Not Offered to Children
Like the Digit service, the Program is not for anyone under 18. If you’re under 18, you can’t use it.
Binding Agreement and Participation
You’re bound by these Referral Terms if you participate in the Program. If you don’t agree to any of these Referral Terms, you shouldn’t participate. You also may not participate if it's prohibited by law where you live.
Amendment and Termination
We may change or suspend the Program, these Referral Terms and/or individual referral promotion campaigns (“Promotion”).
- How It Works
Referral Link. Sometimes, we’ll provide you with a hyperlink, text link, badge, button, or other code via email, text message, social media platform, or other format (a "Link"). You can share the Link with people as long as you don’t violate any laws.
Referral Tracking. We’ll track all Referrals based on the unique ID of your Link. You can track your Referrals through the Digit Application.
Referral Counting. Only people who use your Link to sign up for Digit will be counted as Qualified Referrals. Each Promotion may set additional conditions, Reward amounts, and number of Rewards available. We will not pay Rewards for Referrals (even if they are Qualified Referrals) that exceed these limits.
Reward Payment. If a Promotion offers monetary Rewards, we’ll deposit your Reward payment into your Digit Account on the Reward payment date (“Payment Date”). The Payment Date is set by each Promotion.
Reward Forfeiture. If you don’t meet the definition of Eligible Referrer (below) on the Payment Date, or if you or your Referrals haven’t met the conditions of these Terms and the additional terms of the applicable Promotion, you will not receive any Rewards.
To be "Eligible" as a Referrer, you must:
- Be a legal resident of the United States and at least 18 years old;
- Have an Active Digit Account (open account that receives at least one deposit per month and has an average positive monthly balance) at the time of the Payment Date; and,
- Not be disqualified from participating in the Program.
You will be disqualified from participating in the Program if you do any of the following (this is not a complete list):
- Violate any law, solicit any illegal activity or violate the Agreement or these Referral Terms;
- Infringe the intellectual property rights of Digit or any third parties;
- Stalk, harass, or harm anyone;
- Impersonate any person or misrepresent your identity;
- Interfere with another Referrer's participation in the Program;
- Transmit any viruses, worms, trojan horses, or any other contaminating or destructive features in connection with the Program;
- Resell, barter, trade, auction or otherwise generate income for access to the Program; or,
- Cheat, hack, deceive, or use any other unfair practices (like fake email addresses or bots) to get Rewards.
Referrals are “Qualified Referrals” if they:
- Are real people (not legal entities) who successfully opened a Digit Account using your Link;
- Didn’t commit fraud or violate the Agreement or these Referral Terms in opening the Digit Account;
- Didn’t previously create a Digit Account under any email address or alias;
- Had an automated money transfer to Digit (a “Save” or a “Smart Deposit”) before the Promotion deadline, if applicable; and,
- Met all additional requirements that may apply to the specific Promotion.
Verification of Referrals
We may delay payment of Rewards to qualify Referrals and review their eligibility. We may also refuse to verify and process any Referrals if we believe that they’re fraudulent, suspicious or violate the Agreement or these Referral Terms.
Transfer of Referral Rewards
Rewards are not transferable - you can’t auction, trade, barter or sell them. When the Program or any portion of it is terminated for any reason, you’ll forfeit Referral Rewards that have not yet been paid.
We are not liable for failure to issue Referral Reward because of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi governmental entity, equipment failure, threatened or actual terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war, fire, epidemic, explosion, absolutely bonkers zombie apocalypse, verifiable proof thart we are living in a simulation, labor or material shortage, classic Parent Trap body switch situation, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond our control.
Debit Card Agreement
Receiving Your Cards
Cards. You’ll get two debit cards when you open your Digit Account: Spending Card and Bills Card. Each Card is limited to accessing the available balance in each of the accounts separately.
Spending Card. In most cases, you’ll get your card in the mail within ten (10) business days after opening your Account. You’ll see the card number, expiration date and the security (CVC) code in the Application right away and you can use this information to shop and make payments online. The Spending debit card will draw on available funds in your Spending account and can be used the same way you would use any other Visa® debit card to make purchases or ATM withdrawals.
Bills Card. This is issued only as a “virtual” card (a card number, but no plastic card) and you will be able to begin using the number immediately. The Bills debit Card draws only from available funds in your Bills account, and you should use it for one-time and recurring bills. You can use the virtual Bills Card to set up payments online with your billers, but you will not receive a physical card to use for in-person merchant transactions.
Your Virtual Cards. If you use the 16-digit Card number without presenting the Card (for example you pay a bill online with your Bills Card), the legal effect will be the same as if you used a physical card.
Activating Your Cards
Activate The Cards. You can activate your Bills Card in the Application immediately after it is issued. You can use your virtual Spending Card right away as well. But you should wait to activate the physical Spending Card until you receive it in the mail. You should also sign the back of the card when you get it.
Personal Identification Number. You’ll get a Personal Identification Number (“PIN”) with the Card. You can also call our automated service at (866) 630-2506 and change your PIN. Don’t write or keep your PIN with your Card and don’t share it with anyone. If you think that anyone has accessed your PIN, you should tell us immediately (See Section 7 of the DDA).
Authorized Card or Spending Account Users. You’re responsible for all authorized Card transactions and fees. If you let someone else have access to your Card, Card number(s), Account number(s) or PINs, we will treat this as if you have authorized the transactions and you’ll be responsible for all transactions and fees caused by those people.
Secondary Cardholder. You may not request an additional Card for another person.
Using your Cards, Limits, and Fees
ATM Transactions. You can get cash at any Automated Teller Machine (“ATM”) using your Spending Card with the PIN. All ATM transactions are treated as cash withdrawal transactions.
POS Transactions. You can also use any Point-of-Sale (“POS”) device with the Visa®, or Interlink®, Plus® Acceptance Marks to make purchases with your Card.
OTC Transactions. You can use the Card to withdraw cash with a teller at a participating bank (“Over The Counter” or “OTC” withdrawals).
Transaction Limits and Fees. Amount and transaction limits may apply to ATM and OTC cash withdrawals, cash withdrawn at a POS, and purchases. Fees may apply at out-of-network ATMs. You can find the most current information about transaction limits and our fees in the Fee Schedule and the Demand Deposit Agreement (“DDA”). ATM and POS device owner-operators, merchants and participating banks may have their own fees and lower limits on cash withdrawals.
Debit Card Authorization Transactions. If you use the Card at a gas station (“pay at the pump”), the transaction may be preauthorized for an amount up to $75.00 or more. If the Card is declined, even though you have enough available funds, you should pay inside with the cashier. If you use the Card at a restaurant, a hotel, a car rental, or for similar purchases, the transaction may be preauthorized for the purchase amount plus up to 20% or more to cover tips or incidental expenses. A preauthorization will place a “hold” on the available funds until the merchant sends us the final payment amount. When we receive the final payment amount, the hold will be removed. It may take up to seven (7) days for the hold to be removed and you won’t have access to the preauthorized amount during that time.
Cancelling a Transaction. You can’t stop a transaction after you’ve used your Card. If you authorize a transaction and then don’t end up making a purchase of that item as planned (for example, you book a hotel and the hotel places a $100 hold on your funds but you never stay at the hotel and there is no final transaction), the authorization may result in a hold of funds for up to sixty (60) days.
Visa and Non-Visa Debit Transactions
New Procedures. In the past, transactions have been processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit, Interlink or as a Maestro transaction.
Your Choice of Network. Merchants have to let you choose how to make a Visa debit transaction if they support the option. Different terms may apply if you use the Interlink or Maestro network for a non-PIN transaction. Some protections and rights that apply only to Visa debit transactions will not apply to transactions processed on the Interlink or Maestro network. Please refer to sub-section “d. Your Liability for Unauthorized Visa Transactions” in Section 7 of the Demand Deposit Agreement for a description of these rights and protections.
- How to Initiate Visa Transactions. To initiate a Visa debit transaction at a point-of-sale, swipe the Card through the POS terminal, sign the receipt, or provide your 16-digit Card number for a mail order, phone, or online purchase.
- How to Initiate non-Visa Transactions. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your 16-digit Card number after indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, phone, or online purchases.
- Foreign Currency Transactions
If you withdraw money or buy something in a currency other than US dollars, Visa will convert the amount to US dollars before deducting it from the available balance in your Account. Visa selects the exchange rate from the rates available in wholesale currency markets for the applicable central processing date. This rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for that date.
You should get a receipt for every Card transaction. You should keep a copy of the receipt, verify your transaction, and reconcile them with your transaction history in the Application and on your monthly statement.
If you need to replace the Card for any reason except at Card expiration, call us at 866-630-2506 or email us at firstname.lastname@example.org. We may ask you to provide personal information including your Account number, 16-digit Card number, full name, transaction history, copies of acceptable documentation, etc.
Your Cards will expire on their expiration dates. The expiration date of your Spending Card is printed on the physical card and available in the Application. The expiration date of your Bills Card is in the Application as well. You won’t be able to use the Cards after they expire, but we’ll make sure to send you a replacement Spending Card before the expiration date and update the Virtual Cards in the Application as well.
Lock your Card
You can lock your card in the Application and we will decline any transactions initiated after you lock it. We’ll still pay transactions that were already authorized before you locked the Card, even if you couldn’t see them as pending in your transaction history when you locked the Card.
Lost or Stolen Cards; Unauthorized Transactions
Please review Section 7 in the Demand Deposit Agreement for the procedure to report lost or stolen Cards and unauthorized transactions.
Digit Visa® debit Cards are issued by Pathward, N.A. pursuant to a license from Visa U.S.A. Inc. The Cards are the property of the issuer and must be surrendered upon demand. The Cards are nontransferable and may be cancelled, repossessed, or revoked at any time without prior notice (unless required by law). The Card cannot be redeemed for cash. You may not use the Card for any illegal online gambling or any other illegal transaction.
Sweepstakes Terms & Conditions
NO PURCHASE IS NECESSARY TO ENTER. YOUR CHANCES OF WINNING DO NOT INCREASE WITH A PURCHASE.
These Terms apply to all Digit sweepstakes, contests and giveaways. We’ll refer to them all as “Sweepstakes” in this document.
Digit Sweepstakes are only open to those who are 18+ at the time of entry and reside in the U.S. You’ll also will have to meet the specific entry requirements for each Sweepstakes.
The Sponsor of the Sweepstakes is Hello Digit, LLC (”Digit”) 100 Pine Street, San Francisco, CA94111.
- Agreement to Rules
By participating, you agree to these Terms & Conditions and the Rules of the specific promotion, and represent that you meet the eligibility requirements. You agree to accept Digit’s decision as final as it relates to the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws. It is void where prohibited.
- Entry Period
Entries will be accepted during the period that is listed in the promotions for the sweepstakes. All entries must be received by 11:59 pm PST on the last day of the entry period.
- How to Enter
You must follow the instructions listed in the Sweepstakes promotion to enter. You may enter each Sweepstakes only once. You may not enter more times by using multiple email addresses, identities or devices. If you do, you will be disqualified.
Winners will receive prizes as outlined in the promotion for the Sweepstakes. Actual/appraised value may differ at time of prize award. Prizes can’t be substituted for cash and are non-transferable. Acceptance of a prize means that you give us permission to use your name, likeness, and entry for advertising and trade without further compensation, unless prohibited by law.
The odds of winning depend on the number of eligible entries received.
- Selection and Notification of the Winner
Winners of a sweepstakes or giveaway will be selected in a random drawing. Winners of a contest will be selected based on defined criteria of the contest promotion. Winners will be notified via email or social media direct message within five (5) days after the winner selection. We will not be responsible if a winner doesn’t receive our notification because of spam, junk e-mail or other security settings or because they’ve provided incorrect contact information. If the selected winner doesn’t claim the prize within 15 days from us sending the notification, or doesn’t timely complete required documentation, the prize will be forfeited and we may select an alternate winner.
- Rights Granted by You
By entering the Sweepstakes, you understand that Digit, its affiliates, or anyone acting on behalf of Digit or its affiliates can, where permitted by law, print, publish, broadcast, distribute, and use in any media, your entry. This means that we can use your name, portrait, picture, social media profile, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation to you.
- Terms & Conditions
All contest entries, where applicable, must be original work and not violate anyone’s proprietary or intellectual property rights.
We can cancel, terminate, modify or suspend the Sweepstakes at any time and for any reason. If that happens, we may select a winner from all eligible entries received prior to the cancellation, termination or suspension of the Sweepstakes.
We may void votes or disqualify any participant if we believe that they’ve tampered or attempted to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
- Limitation of Liability
By entering you agree to release and hold harmless Digit and its affiliates, agents, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) your participation in the sweepstakes and/or acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind; (iv) electronic or human error in the administration of the Sweepstakes.
The Sweepstakes is governed by the laws of the Unites States and the state of California, without respect to conflict of laws doctrines. All disputes that we can’t resolve through negotiation will be resolved following the Arbitration provision of Digit’s Terms & Conditions. You can see it here.
- Winners List
You can contact us at email@example.com to request a list of all winners or a copy of these Terms & Conditions or Promotion Rules for a specific promotion.
- Social Media Platform Rules
Digit Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter or Instagram (the “Social Media Platforms”). You release the Social Media Platforms from any liability associated with the Sweepstakes and you’re responsible for following all rules of each Social Media Platform that you use to enter the Sweepstakes.