Terms of Service

Introduction.

The Application, including the software, programs, features, the services described below, including creating a Janus account are governed by this Agreement. Please see the Selected Definitions section at the end of this document for definitions of certain capitalized terms used throughout the Agreement.

 

Revised Agreement.

We are constantly improving the Services, and periodically we will need to revise or amend this Agreement. Accordingly, we reserve the right to amend this Agreement at any time for any reason without notice to you. The revised version will be effective at the time we publish it on our website or within the Application with the “Last Modified” date provided at the top of this Agreement. Continuing to use the Services will constitute your acceptance of this Agreement, as revised. If you do not agree to the revised Agreement, your only remedy will be to stop using the Services.

 

The Application is Not Offered to Sanctioned Persons or in Restricted Jurisdictions.

The Application is not offered to, or intended to be used by, any individual or entity that is the subject of economic or trade sanctions administered or enforced by any Governmental Authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the lists maintained by the United Nations Security Council, the Office of Foreign Assets Control of the U.S. Department of the Treasury, the European Union or its Member States, or other applicable Governmental Authority), or any individual or entity that is organized or resident in a country or territory that is the subject of comprehensive country-wide, territory-wide, or regional sanctions, excluding any such comprehensive sanctions that, if complied with, could cause Janus to violate U.S. anti-boycott laws (a “Sanctioned Person”). By using the Application, you represent and warrant that you are not a Sanctioned Person or acting on behalf of a Sanctioned Person. You also represent and warrant that you will comply with all applicable import, re-import, sanctions, antiboycott, export, re-export, and foreign exchange laws and regulations. You further represent that you will not use or attempt to use Janus’s Application (a) at any time that you are located in a country or territory subject to comprehensive country-wide, territory-wide, or region-wide sanctions, or (b) in any manner that is unlawful under economic or trade sanctions. These representations shall remain true during the entire period you use the Application. If you do not agree or otherwise cannot make these representations, then you may not use the Application; even if you accept, this Agreement is null and void.

 

Authorization; Account Security.

You acknowledge and agree that any use of your Account, including all activity that occurs in your Account, will be deemed to be your action and that we may rely upon such action. You remain solely responsible for maintaining adequate security and control of your mobile device, any and all login information, passwords, personal identification numbers (PINs), or any other codes that you use to access the services. You agree not to share or provide access to your account with any other person. If you do so, you alone will be responsible for any actions taken by such persons.

 

Membership Eligibility.

The Service and Janus membership is not available to minors or anyone under the age of 18 or to any users suspended or removed from the Application for any reason. Members may not have more than one active account. Additionally, members and users are prohibited from selling, trading, or otherwise transferring their Membership account to another party. If you do not qualify, you may not use the Service or the Application. An active payment method is required to be connected at your account at all times during the term of your membership.

 

Membership Fee and Billing.

If your Membership application is approved, you will be charged based on the terms that you agreed to on your membership application and Application. You will only be charged if your application is approved. Your membership fee may be subject to taxation in accordance with applicable federal or state law. The membership fee does not include applicable taxes. We may change the membership fee at any time, but changes will apply only to new and renewal memberships. The membership fee is not refundable.  The initial term of a membership shall commence on the date it is purchased and continue for the duration of the agreed-upon Membership period. Each membership may automatically renew (therein referred to as a "Renewal Membership") for additional periods unless (i) you notify contact us in writing (email is sufficient) of your decision to cancel your membership within 30 days of your renewal date; or (ii) cancel within the Application; or (ii) we terminate your membership. Renewal Membership fees will be billed at the end of each membership period and automatically to the credit card we currently have on file, in the amount of the then current membership fee on or around the day in which your current membership or Renewal Membership term expires. If we attempt to charge the credit card on file in the amount of your renewal and the transaction fails, we may reattempt the charge for up to 60 days from that date unless you notify us of your decision to cancel your membership.

 

Cancellation, Termination, and Changes to Service.

You have the right to cancel your membership at any time. The eligibility of a refund will be determined by the particular plan you agreed to at the time of your membership application. We may terminate any or all of the benefits available to members at any time with or without notice. No refunds will be available. Upon cancellation of membership, you are relinquishing your current recurring membership rate and understand you may not be able to rejoin at a later time at that rate. You will also be relinquishing any rewards, points, or benefits that were accrued during your membership term, as well as any current or ongoing benefits you were enrolled in as a member.

 

Membership Benefits and Other Privileges.

As a Janus member, you're entitled to the benefits that pertain to your particular membership type. Certain membership types and/or complimentary periods of membership may exclude certain benefits. Janus reserves the right to add, modify or eliminate any benefit or service at any time at our discretion. We do not guarantee the availability of any of the benefits and they are all subject to change at any time without notice.

 

Third-Party Providers.

To provide you with certain features as part of the Application, Janus may integrate third-party applications into the services. Accordingly, your use of certain features may be subject to your acceptance of separate terms with such third parties. We are not a party to those agreements, but to use the services, you must agree to comply with those third-party terms. You acknowledge that we have no responsibility for the products or services provided by third parties.

 

Links to Other Sites.

This Agreement, the Application, or third-party integrations that provide you access to the Application may reference other websites which are not under Janus’s control. Janus is not responsible for the contents or terms of any website to which a link is provided. Links do not imply that Janus endorses any such websites, and Janus does not make any warranty or representation as to the accuracy, security, or operability of those websites. Usage of such services and/or websites will be governed by the terms applicable to your use of the third-party services. The disclaimer of warranties in this Agreement also applies to any linked website.

 

License Grant.

Janus or our licensors own all right, title, and interest in and to the Services and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, license or right to access and use the Application (including all updates, upgrades, and new versions of the same), and related content, materials, and information for your personal use only in accordance with this Agreement. Except as expressly set forth in this provision, you obtain no rights under this Agreement from us, our affiliates, or our licensors to the Application, including any related intellectual property rights.

 

License Restrictions.

You are not authorized to use the Application in any manner or for any purpose other than expressly permitted by this Agreement. You agree you will not attempt to: (a) modify, distribute, alter, tamper with, repair, or otherwise create any derivative works of any services, software, any related content, materials, and information, and any other technology made available to you by Janus or its affiliates and licensors; (b) reverse engineer, disassemble, or decompile the Application, software, or any other technology or apply any other process or procedure to derive the source code of any software included in the services (except to the extent Applicable Law does not allow this restriction); and (c) resell, rent, lease, use for commercial purposes of any kind, sublicense, or otherwise transfer your rights in the services and related content, materials, and information to a third party. You must comply with the implementation and use requirements contained in all Janus documentation accompanying the services. If you do not comply with Janus’s implementation and use requirements, you will be liable for all resulting damages suffered by you, Janus, and third parties. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your endeavors). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.

 

Use of Other Intellectual Property Rights.

Janus and the Janus logo are service marks/trademarks of Janus. All other featured logos are service marks/trademarks of their respective owners. You acknowledge and agree that the Application’s contents, including its text, graphics, images, logos and button icons, photographs, editorial content, notices, software, look and feel (including HTML-based computer programs), and other material used by us for the Application are proprietary to us and our licensors and protected under both U.S. and other applicable copyright, trademark and other laws. As such, you will not gain any ownership or other right, title, or interest in or to them by reason of this Agreement or otherwise unless expressly granted to you herein. Except as otherwise expressly stated herein, the services and its contents may not be copied, reproduced, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without our prior written consent.

 

Feedback.

You may be asked to provide feedback in different forms including, but not limited to surveys, research program participation requests, and other such requests for feedback regarding your use of the Services. You acknowledge that Janus owns any feedback you give to us about the Application, and you hereby grant to Janus a perpetual, non-revocable, royalty-free worldwide license to use, fully exploit, incorporate, or otherwise use without restriction such feedback into any Janus product or service (including the Services) at any time.

 

Data Privacy and Data Security.

Janus’s Privacy Policy describes how Janus collects and processes information from you. The Privacy Policy also explains how we use and share this information. Consistent with the Privacy Policy, you consent to disclosure of information about you, your account, and your transactions to third parties, including our affiliates: (i) to verify your identity or the existence and condition of your account for ourselves or for a third party; (ii) to detect, prevent, and address fraud, security threats, and other potentially harmful conduct or illicit activity; (iii) to comply with Applicable Law and other regulatory reporting obligations, as well as responding to subpoenas, inquiries, court orders, or other requests from law enforcement or other state or federal government agencies; or (iv) if you otherwise give us your permission. We will implement reasonable and appropriate measures to secure your information against accidental or unlawful loss, access, or disclosure.

 

Fees and Taxes.

You agree that you are responsible for all carrier data plans, internet fees, and other fees and taxes associated with your use of the Application.

 

Limitations on Deleting Your Account.

You may not delete your account to evade an investigation or if restricted or prohibited under Applicable Law or by a court of competent jurisdiction. 

 

Complaints.

You may submit a complaint to us regarding the Application or other matters that may warrant investigation by us (“Complaint”). If you suspect someone has used your identity to create an account, please submit a Complaint, in addition to pursuing any other civil or criminal remedies you may have. To submit a Complaint, contact the Janus customer care team through the email functionality (i.e Need Help) in the Application. Janus will take action to address a Complaint in accordance with this Agreement. You agree to use this process before submitting any dispute for dispute resolution, including the Mandatory Arbitration set forth below.

 

Indemnification.

You will defend, indemnify, and hold harmless Janus, each of its affiliates, and each of their and their affiliates’ respective shareholders, members, directors, officers, employees, agents, and representatives (Janus, the “Indemnified Parties”) from and against any losses, liabilities, damages and all related costs and expenses arising out of or relating to any Claim concerning: (a) your access to or use of the Application, including information provided in connection therewith; (b) your breach or alleged breach of this Agreement or Applicable Law; (c) any misrepresentation made by you; or (d) any dispute between you and a third party, including without limitation if such third party is also a Janus Account holder or other User of the Application You will cooperate as fully as required by us in the defense or settlement of any Claim.

 

Release.

If you have a dispute with one or more users using the Application or one of our third-party service providers, you release the Indemnified Parties, joint ventures, partners, and suppliers from any and all Claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. To the extent permitted by Applicable Law, you waive and release the Indemnified Parties from all Claims you have or may have arising from or relating to this Agreement.

 

Limitation of Liability.

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, CONSEQUENTIAL OR PUNITIVE DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), OR FOR ANY ASSERTION BY A THIRD PARTY, RELATED TO OR ARISING OUT OF THIS AGREEMENT OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, OR LOSS OF USE (EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES). THE INDEMNIFIED PARTIES’ AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED $100 AS A RESULT OF Janus’s BREACH OF THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY DELAYS OR MISTAKES OR DAMAGES IF WE ARE UNABLE TO PROVIDE THE SERVICES (OR ANY PART THEREOF) OR PERFORM ANY OF OUR OBLIGATIONS IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY; SECURITY ISSUES; OR OTHER APPLICABLE BLOCKCHAIN NETWORK BUGS, BACKLOGS, FAILURES, CHANGES OR FORKS; HACKS OR CYBER ATTACKS; DATA BREACHES; THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, COMMUNICATION SYSTEM, INTERNET SERVICE, PAYMENT METHOD OR SYSTEM; NATIONAL EMERGENCY, RIOTS, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain liability, so some or all of the exclusions and limitations set forth above may not apply to you.

 

No Warranties.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE INDEMNIFIED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR PERFORMANCE, USAGE, OR TRADE PRACTICES. THE APPLICATION IS PROVIDED “AS IS” AND Janus DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. WE WILL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, CUSTODY OR CYBERSECURITY BREACHES, POWER OUTAGES, ETHEREUM OR BLOCKCHAIN SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, PAYMENT, COMPLETION, OR SETTLEMENT OF TRANSFERS OR USE OF THE SERVICES OR THE APPLICATION. Some jurisdictions, including certain U.S. states, do not allow the disclaimer of implied warranties, so some or all of the foregoing disclaimers may not apply to you.

 

Mandatory Arbitration.

In the event we are unable to resolve your Complaint to your satisfaction, we endeavor to provide you with a neutral and cost-effective means of resolving disputes quickly. Except as provided below, you and we agree to resolve any Claims that arise out of or relate to this Agreement by binding arbitration on an individual basis. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial. It also means that class actions and class arbitrations are not permitted; Claims shall proceed solely on an individual basis without the right for any Claims to be resolved on a class basis or brought in a purported representative capacity on behalf of others. Other rights that you would have in court also may not be available or may be limited in arbitration, including a right to appeal an arbitration award or decision.

 

This arbitration provision is governed by the Federal Arbitration Act. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim may be brought in court. All other claims (or requests for relief) remain subject to this provision. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules (the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Claim, a description of the arbitration process, and allocation of fees and costs (including rules regarding frivolous or improper claims) are available at www.adr.org. No arbitration award or decision will have any preclusive effect as to issues or Claims in any dispute with anyone who is not a named party to the arbitration.

 

Instead of using arbitration, you can bring Claims in your local “small claims” court, if the rules of that court allow it. If you do not bring your Claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the Claims must be resolved by binding, individual arbitration. You and we expressly waive a trial by jury.

 

Opt-Out Procedure.

You may opt out of the preceding binding arbitration provision. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing by sending an email to info@januscard.io within 30 days of using the Application.

 

You must include: (1) your full name and residential address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of this Agreement’s binding arbitration provision.

 

Other Dispute Resolution.

Any Claim arising out of or relating to this Agreement or your use of the Services that is not subject to the Mandatory Arbitration requirement shall be resolved exclusively in the U.S. District Court for the Southern District of Texas or the state courts located in Harris County, Texas U.S.A., and you waive any jurisdictional venue or inconvenient forum objections to such venues. Notwithstanding anything to the contrary in this Agreement, you agree that Janus may take any action it reasonably considers appropriate in relation to the Claim, including suspending the Services or freezing your Account pending a resolution of the Claim without previously notifying and/or without having received instructions from you.

 

Prohibited Activities.

In connection with your use of the Application, you agree that Janus, without notice (except as required by Applicable Law) and without liability to us, may suspend, deactivate, limit, or terminate access to, or refuse to provide, any access to the Application and services at any time  for any reason for violation of the letter or spirit of this Agreement, and if you engage in any of the following “Prohibited Activities,” which may include, but not limited to the following:

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• Breach this Agreement or our community standards, which we shall have the right to determine in our sole discretion;

• Use the Application for any unlawful purpose or in violation of Applicable Law, which we shall have the right to determine in our sole discretion;

• Create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary phone number, or providing any other falsified personal information;

• Act in a manner that is defamatory, trade libelous, threatening, or harassing;

• Infringe Janus’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

• Provide us false, inaccurate, incomplete, or misleading information;

• Provide offensive or inappropriate images to us;

• Send, receive, or participate in what we reasonably believe to be suspicious or potentially fraudulent activity;

• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

• Access the Application while residing or being located in a jurisdiction that is restricted by Janus, including jurisdictions where we are not approved to operate;

• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information; attempt to hack; scrape; use an anonymizing proxy; use any robot, spider, other automatic device or manual process to monitor or copy the Application source code without our prior written permission; use any device, upload material containing viruses or any other harmful programs, software or routine to bypass our robot exclusion headers; or interfere or attempt to interfere with the Application; or

• Take any action that may cause us to lose third party partner services.

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Additionally, we may, at our sole discretion and without waiving any of our rights, disable or delete your account if it does not become active after your profile registration or delete your account if it remains inactive for an extended period of time. We may report or disclose to a Governmental Authority information concerning your use of the Application where we determine in our sole discretion that such report or disclosure may be required by Applicable Law or is otherwise appropriate.

 

Governing Law.

This Agreement shall be construed in accordance with the laws of the State of Texas, to the extent not inconsistent with or preempted by federal law, and the obligations, rights, and remedies of the parties hereunder shall be determined in accordance with such laws, without regard to conflicts of laws principles.

 

Notice.

Except as otherwise stated herein, any notice to Janus must be sent to info@januscard.io. By accepting service of a legal document, we do not waive any objections we may have and may raise in response.

 

Headings and Hyperlinks.

All headings and titles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. Highlighted and underlined words may contain links to additional terms.

 

Non-Assignment.

You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section will be void. We may assign this Agreement without your consent (a) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Janus as a party to this Agreement and Janus is fully released from all of its obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

 

No Waiver.

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if Janus does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Janus has the benefit of under any Applicable Law), this will not be considered to be a formal waiver of Janus’s rights and that those rights or remedies will still be available to Janus.

 

Severability.

In the event that any provision of this Agreement is determined to be invalid or unenforceable under Applicable Law, the validity or enforceability of any other provision of this Agreement shall not be affected. In lieu of such invalid or unenforceable provision, there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable.

 

Termination.

This Agreement is in effect each time you use the Application. Janus may terminate your use of the Application at any time without cause or prior notice. This may happen, for example, if your identity cannot be verified or the action is necessary to protect the security of the Application. This Agreement will continue to apply following its termination with respect to any obligations incurred or arising prior to its termination.

 

Force Majeure.

Janus will have no responsibility or liability for any failure or delay in performance of the Application, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, epidemic, war, acts of terror, insurrection, riot, labor dispute, accident, action of government, communications, power failure, equipment or software malfunction.

 

Survival.

Any provision or term within this Agreement that provides for the rights or remedies which by their nature should continue after termination of this Agreement will survive termination of this Agreement.

 

Entire Agreement.

This Agreement, along with all the Policies incorporated by reference, sets forth the entire understanding between you and Janus with respect to your use of the Application. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements (including any and all product testing and participation agreements), or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of this Agreement (regardless of whether it would materially alter this Agreement).

 

Translation.

Any translation of this Agreement is provided solely for your convenience and is not intended to modify the Agreement. All communications and notices given under this Agreement must be in the English language. In the event there is a conflict between a translation and the English language version, the English language version of the Agreement will control.

 

Select Definitions:

"Applicable Law” means any and all U.S. federal, state, local or foreign laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders, judgments or determinations of and mandatory written direction from any Governmental Authority on matters including, but not limited to: anti-money laundering, counter-terrorism financing, “know your customer” requirements, sanctions and export controls, stored value, money transmission, payment processing, unfair or deceptive trade practices or acts, anti-corruption, unclaimed property, trade compliance, telecommunications, data privacy, or data security.

 

“Claim(s)” includes, without limitation, all disputes, legal claims, causes of action, or demands of any kind that you or we have or may have in the future, either in law or in equity, whether known or unknown.

 

“Governmental Authority” means any duly authorized federal, national, supranational, state, provincial, local, or other government, governmental, regulatory, or administrative authority, agency, or commission, or any court, tribunal, or judicial or arbitral body, of competent jurisdiction.

 

Appendix: Consent to Receive Electronic Disclosures

From time to time, we will need to provide you with certain communications, notices, agreements, documents, billing statements, or disclosures regarding the Services in writing (collectively, “Communications”). By providing your mobile phone number, downloading, accessing, registering, or otherwise using the Application in any way, and by accepting this Agreement, you agree to receive these Communications and in doing so, have read, understood, and accepted this Consent to Receive Electronic Disclosures (“Consent”). If you choose not to agree to this Consent or if you withdraw your consent, you may not use the Application and must discontinue your use of the Application immediately. If you use any other third-party application to access your Application, you agree to receive communications or messages related to your Janus Account from us via the third-party application.

 

Electronic Delivery of Communications.

You agree and consent to receive electronically all Communications that we provide in connection with your Account and your use of the Services. Communications include:

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• Terms of Service and policies you agree to, including this Agreement and updates to it;

• Account details, confirmations, authorizations and information related to your use of the Application and any other account or transaction information;

• Legal, regulatory, and tax disclosures or statements we may be required to make available to you;

• Responses to claims, complaints, or customer support inquiries filed in connection with your account; or

• Any other Communication related to the use of the Application.

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We will provide these Communications to you by mobile push notification in the Application and/or by sending them via autodialed text message to the mobile phone number associated with your account. Your acceptance of this Consent means that Communications we provide to you electronically will have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Communications. We may also use electronic signatures and obtain them from you.

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Consent to Text Message Communications.

By accepting this Consent, you agree to receive Communications via autodialed text messages to the mobile phone number associated with your Account. Communications sent via text message will be deemed to be in writing and received when sent to you. Communications posted in the Application will be deemed to be in writing and received within 24 hours after posting. You also agree that we may contact you at the mobile phone number you provide using autodialed text messages for purposes of providing you with account (including registration, onboarding, and feedback), transactional, fraud, and security alerts. If you use the Application’s notification settings to opt out of receiving text messages and we detect that we are unable to contact you via mobile push notification, you agree that we may send important Account, transactional, fraud and security alerts via text message as permitted by Applicable Law. You may withdraw your consent to receive such text messages by replying “STOP”. Standard carrier message and data rate charges may apply for all types of text messages.

 

Withdrawal of Consent to Electronic Communications.

You may withdraw your consent to receive electronic Communications, including via text message, by using the chat functionality within the Application, or by closing your Account. You may also withdraw your consent to receive Communications via text message by using the Application’s notification settings, or by replying “STOP” to any text message sent to the mobile phone number associated with your account. However, withdrawal of your consent to receive electronic Communications, including text messages, may result in termination or limitation of your access to your account and the Application. We may confirm your withdrawal of consent and its effective date.

 

Hardware and Software Requirements.

In order to access and retain electronic Communications, you will need the following hardware and software:

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• A mobile device with an Internet connection and featuring iOS (12 and above) or Android (Lollipop and above) that supports text messaging, downloading, emailing, and applications;

• A working mobile phone number that can receive text messages; and

• Sufficient storage space to save Communications or the capability to print Communications from the device on which you view them.

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

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Please note that we are not responsible for any performance degradation, fees, interruption, or delays related to your equipment and any consequences resulting therefrom.

 

Updating Your Information.

It is your responsibility to provide us with true, accurate, and complete contact information and to keep such information up to date. You understand and agree that if we send you a Communication, but you do not receive it because your contact information is incorrect, out of date, or blocked by your service provider, or if you are otherwise unable to receive Communications, we will be deemed to have provided the Communication to you. You may update your information by logging into your account and visiting the settings or by using the chat functionality within the Application.