Terms of Use

These Terms of Use are entered into by and between you (the “User”, “you” or “your”) and Positive Finance, Inc., its successors, affiliates, or assignees (“Positive Finance”, “POSITIVE FINANCE”, “positive.finance”, “we”, “us” or “our”).

These Terms of Use, together with our privacy policy (“Privacy Policy”), which is available at www.positive.finance/privacy (collectively, the “Terms”), contain the terms and conditions governing your use, and access to:

our website at www.positive.finance and all of our other websites to which these Terms are posted (collectively, the "Website");
our mobile applications to which these Terms are posted (collectively, the "Application"); and
any content, products, services, and online applications made available through the Website or the Application (together with the Website and the Application, the "Services"), whether as a guest or a registered user.

POSITIVE FINANCE provides access to various cash management and banking services, which are provided by third-party financial partners (“Third-Party Providers”), including banks (“Bank”). These Terms include, among other things, your authorization for debits and credits from and to the account that you hold at a third-party financial institution (”Financial Institution”) and the Bank, via the Automated Clearing House (“ACH”) network.

Prior to using our Services, you should review the following agreements from our Third-Party Providers, including Bank, which are hereby incorporated into these Terms:

Sila Inc.: if you use our Services to open a deposit account, transfer money, and manage your financial account information you must agree to our Terms and the Sila relevant agreements found at: www.silamoney.com/terms-of-service;
Evolve Bank & Trust: if you use our Services to open a deposit account, you must agree to our Terms and Evolve Bank & Trust’s Customer Account Agreement found at www.positive.finance/evolve-customer-account-agreement, and Evolve Bank & Trust’s Electronic Communication Consent found at www.positive.finance/evolve-electronic-communications-consent;
Plaid: the relevant agreements found at: www.plaid.com/legal;
Alloy: the relevant agreements found at: www.alloy.co/legal; and
Financial Institution: we recommend that you read all applicable agreements from your banks and financial institutions.

Additionally, Third-Party Providers may enforce the terms of this agreement directly against you.

We reserve the right at any time, with or without cause, to:

change the terms and conditions of this agreement;
change our Website, Application or the Services, including eliminating or discontinuing any content, services or other feature of our Services; or
deny or terminate your use of and/or access to the Services.

Any changes we make will be effective immediately upon our making such changes available on our website or otherwise providing notice thereof. You agree that your continued use of the Services after such changes constitutes your acceptance of such changes.

ELIGIBILITY

In order to use the POSITIVE FINANCE Services, you must:

accept and agree to these Terms and our Privacy Policy;
register with us on the Website or the Application;
be a U.S. citizen (or a legal U.S. resident) of at least 18 years of age (or older if you reside in a state where the majority age is older);
have a checking account with a U.S. Financial Institution;
provide all information requested by us, such as your name, email address, mobile phone number, Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), online credentials for your Financial Institution account (“Financial Institution Account”), proof of identification, and such other information as we may request from time to time (collectively, “User Information”);
pay the subscription fee associated with specific premium features as specified herein;
warrant that your use of the Services does not violate any applicable law or regulation; and
warrant that you are not, nor will you provide information to, a competitor of POSITIVE FINANCE and are not using the Services for reasons that are in competition with POSITIVE FINANCE.

For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Financial Institution Account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:

a copy of your government-issued photo ID, such as a passport or driver’s license;
a copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and U.S. street address on it;
your Social Security Number; and
such other information and documentation that we may require from time to time.

POSITIVE FINANCE utilizes third-party services to verify your identity and does not store, nor keep a copy of, any of the above requested documents.

By using the Services and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our Third-Party Providers and without any time limit or the requirement to pay any fees, information about you and your Financial Institution Account from the Financial Institution holding your Financial Institution Account and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant POSITIVE FINANCE and our Third-Party Providers a limited power of attorney, and you hereby appoint POSITIVE FINANCE and our Third-Party Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN POSITIVE FINANCE OR OUR THIRD-PARTY PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, POSITIVE FINANCE AND OUR THIRD-PARTY PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT, OR ON BEHALF, OF THE THIRD PARTY.

You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your Financial Institution Account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between POSITIVE FINANCE and our Third-Party Providers, POSITIVE FINANCE owns your confidential User Information. The information you provide us is subject to our Privacy Policy.

SERVICES SETUP

POSITIVE FINANCE may offer or make available to you various banking services, including deposit products and transfers to make donations. The banking services shall be provided by a third-party Bank that offers deposit insurance through the Federal Deposit Insurance Corporation (FDIC) and money processing solutions such as ACH services.

The use of such services may be subject to additional terms and conditions provided to you by either us, the Bank, the Financial Institution, or Third-Party Providers for either us or the Bank. You may use the Services by opening an account (“User Account”) on the Services.

USER ACCOUNT REGISTRATION

IMPORTANT INFORMATION ABOUT PROCEDURES FOR A NEW USER ACCOUNT REGISTRATION

TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT.

WHAT THIS MEANS FOR YOU: WHEN YOU OPEN A NEW USER ACCOUNT, POSITIVE FINANCE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. POSITIVE FINANCE MAY ALSO ASK TO SEE YOUR DRIVER’S LICENSE OR OTHER IDENTIFYING DOCUMENTS.

In order to open a User Account, you are required to read these Terms and tick the box confirming the accuracy of the information provided and your agreement with these Terms. By agreeing to these Terms, you also agree to provide POSITIVE FINANCE with such documentation, photographs and information as POSITIVE FINANCE may reasonably request. You confirm that you have provided the correct information during the process of creating a User Account. You undertake that, if your details change, you will promptly notify us. You will bear any losses that occur due to the submission of invalid, incorrect or inaccurate information.

Once you have completed the above and you have passed our Know Your Customer check in accordance with the Terms, we will provide you with a User Account and access to the Services to conduct a variety of transactions (“Transaction”). You agree that you will not allow any other person to access or use your User Account and the Services and/or conduct any Transaction.

By opening a User Account, you hereby appoint us to act as your agent for purposes of providing any and all Services contemplated under these Terms, as applicable. Except for the agency appointment as specifically set forth in this section, these Terms shall not be construed as creating any other agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between you and POSITIVE FINANCE.

You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. You agree to promptly notify us of changes to your User Information by updating your POSITIVE FINANCE account on the Services; provided, however, that you must notify us at least three business days before any changes to your Financial Institution Account information, including, but not limited to, the closure of your Financial Institution Account for any reason by emailing help@positive.finance or by updating your POSITIVE FINANCE account via the Services. If we approve your registration, you will be authorized to use the Services, subject to these Terms.

You must ensure the information on your User Account is always accurate and up to date. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again.

We may suspend or terminate any Transaction if we suspect or determine that your account has been improperly accessed; if this occurs, you agree to cooperate with us to verify your identity before access to your account is restored. If your account information, or similar information for the Bank or Financial Institution are stolen, we expect that you will inform us immediately to avoid the occurrence of any Transaction not initiated by you.

SERVICES

The POSITIVE FINANCE Services are your portal and dashboard for accessing POSITIVE FINANCE’s services. Within the Services you may be able to conduct, among other actions, the following, as each are made available to you:

connect the Services to your Bank Account and Financial Institution Account
direct the Bank to process funds, funds exchanges, instant transfers and Bank transfers including recurring transfers (once accepting all charges as displayed on the Application);
direct the Bank to review and accept or decline instant transfers;
verify your identity;
view your Transaction history;
view the balance and currency of the funds you hold in your Bank Account;
enter the details of your Financial Institution Account;
manually or automatically transfer funds between your Bank Accounts; and
discover and select a Nonprofit from the marketplace to transfer funds between your Bank Account and the Bank Account of the Nonprofit.

TRANSACTIONS

You understand that the POSITIVE FINANCE Services enable cash transfers as if you had manually instructed your financial institution to complete such transfers. Based upon your instructions and account information provided to POSITIVE FINANCE, the Website and Application gather, store, process and analyze information about you, the deposit wallets that you hold at the Bank (“Bank Account”) and various Financial Institution Account and then, on your behalf, periodically issues funds transfer instructions to move cash funds between your Financial Institution Account and the Bank Account, or vice versa, as if you had instructed such transfers yourself.

You assume all risk when using the Services, and you acknowledge that POSITIVE FINANCE can’t guarantee and doesn’t promise any specific results from your use of the Services.

The Services allow you to direct the Bank to conduct a Transaction, which, depending on availability, may include the following:

Instant transfer: receiving funds into your Bank Account or sending funds from your Bank Account to the Bank Account of a different POSITIVE FINANCE User, including but not solely a non-profit User (“Nonprofit”); and
Bank transfer: redeeming funds in your Bank Account, with or without an associated monetary exchange taking place, transferring the equivalent amount of money to the Financial Institution Account or the Bank Account of another User.

Virtual receipts for successful Transaction shall be accessible on the Services. Neither POSITIVE FINANCE nor the Bank will or is under any obligation to provide you with a physical receipt or other written confirmation in connection with any Transaction.

Please note that POSITIVE FINANCE does not itself perform any Transaction, but merely provides you an interface for interacting with the Bank, Financial Institution, Third-Party Providers (together the “Third Parties”) and other Users (including Nonprofits), and facilitates the execution of the Transaction by communicating your instructions to the Third Parties.

ELECTRONIC FUND TRANSFER

The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your Bank Account. There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.

Definitions:

Electronic Fund Transfer (“EFT”): any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application.
Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to occur or recur; for example, direct deposits into or withdrawal of funds out of your account.

Your Liability:

Authorized Transfers: you are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly;
Unauthorized Transfers: tell us at once if you believe your User Account or PIN or access to the Services is lost or stolen, or if your User Account has been or may be subject to unauthorized Electronic Fund Transfers. Contact our customer service immediately at help@positive.finance to keep your possible losses to a minimum. You could lose all the money in your Bank Account plus be subject to any applicable overdraft or other fees and penalties.

By creating a POSITIVE FINANCE User Account and initiating bank deposits or withdrawals (i.e., EFTs), you agree to the Terms of Service and Privacy Policy of our financial software Third-Party Provider, Sila Inc. (together, the “Sila ToS”). You must comply with the Sila ToS when creating or using your POSITIVE FINANCE User Account. The Sila ToS may be modified from time to time, and the governing version is incorporated by reference into these Terms of Service. Any term not defined in this section but defined in the Sila ToS assumes the meaning as defined in the Sila ToS.

IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE SILA ToS BECAUSE IT CONTAINS TERMS AND CONDITIONS CONCERNING YOUR POSITIVE FINANCE USER ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSAL, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.

FINANCIAL DATA

Consent to collect your Transaction Data: If you are using or participating in any of POSITIVE FINANCE Services that involves the collection and/or use of financial Transaction data, you will provide us with access to upload or collect your financial data from your banking and other Financial Institution’s accounts, including, for example and without limitation, transaction dates, the merchants involved, the transaction types and the amounts, other information, data, passwords, or other content (collectively “Transaction Data”), but excluding your account numbers associated with such Transaction Data.

Use of your Transaction Data: Transaction Data and any other information about or submitted by you, including data collected about your use and activities on or with the Services, are subject to our Privacy Policy.

License to your Transaction Data: you grant POSITIVE FINANCE and its Third-Party Providers a license to use Transaction Data for the Services and to operate, provide, administer, develop, and improve the Services, subject to POSITIVE FINANCE’s Privacy Policy. POSITIVE FINANCE and the Third-Party Providers may use, modify, display, distribute and create new material using the Transaction Data for the purposes of providing the Services to you and, as long as such data is aggregated and anonymized, for any other purposes. By submitting the Transaction Data, you automatically agree that the owner of the Transaction Data has expressly agreed that, without any particular time limit, and without the payment of any fees, POSITIVE FINANCE and the Third-Party Providers may use the Transaction Data for the purposes set out above. As between POSITIVE FINANCE and the Third-Party Providers, POSITIVE FINANCE owns your Transaction Data. As used herein, The Third-Party Providers shall mean those third parties that are under contract to POSITIVE FINANCE to help provide, administer, develop, operate and improve POSITIVE FINANCE Services.

Third-Party accounts: by using the Services, you authorize POSITIVE FINANCE and its Third-Party Providers to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant POSITIVE FINANCE and its Third-Party Providers a limited power of attorney, and you hereby appoint POSITIVE FINANCE and its Third-Party Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as You might or could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN POSITIVE FINANCE OR ITS THIRD-PARTY PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, POSITIVE FINANCE AND ITS THIRD-PARTY PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that Third-Party Providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the POSITIVE FINANCE Services are not endorsed or sponsored by any Third-Party Providers accessible through the POSITIVE FINANCE Services.

No Liability for Transaction Data: under no circumstances will POSITIVE FINANCE be liable in any way for any Transaction Data, including any errors or omissions in any Transaction Data, any modification, loss or deletion of any Transaction Data or any loss or damage of any kind incurred as a result of the use of or reliance upon any Transaction Data or the analysis or summary thereof. You hereby affirm, represent and warrant that You have the necessary right and permissions required:

to provide POSITIVE FINANCE with and allow POSITIVE FINANCE to access and collect any Transaction Data; and
for POSITIVE FINANCE to use such Transaction Data in accordance with these Terms.

Removal and Deletion of Transaction Data: POSITIVE FINANCE reserves the right to remove, delete, block, edit or modify any Transaction Data at any time, subject to applicable regulatory retention requirements, without prior notice and at its sole discretion for any reason or no reason. POSITIVE FINANCE has no obligation to retain or delete any of your Transaction Data beyond any applicable regulatory retention periods to which POSITIVE FINANCE is subject.

ELECTRONIC COMMUNICATIONS

When signing up for the Services to open a User Account, you will be asked to agree and consent to electronic receipt of all communications that we provide in connection with the Services. We will provide communications to you by making them available on the Services or by emailing them to you at the primary email address listed in your User Account. You agree that POSITIVE FINANCE may electronically provide you with documents, notices and other communications regarding the Services and/or your use thereof, as well as special offers, promotions, commercial advertisements, marketing materials, and similar communications.

It is your responsibility to ensure that you regularly log onto the Application, review the User Account, and your primary email address and open and review communications that we deliver to you through those means.

We may contact you from time to time to notify you of changes or information regarding your User Account. It is your responsibility to ensure you regularly check the Application and that your contact information stored on your profile in the Application is up to date. You may contact our customer service in accordance with these Terms via email at help@positive.finance.

FEES

The terms regarding fees charged for the Services shall be set forth in these Terms, or other documentation we provide to you from time to time through online communications, the Website or the Application. We reserve the right to suspend your access to the Services if we or the Bank are not paid any monies owed to us or the Bank by you on time.

All fee amounts will be withdrawn from the Financial Institution Account and will be assessed as long as there is a remaining balance in the Financial Institution Account, except where prohibited by law. Any time the remaining balance in the Financial Institution Account is less than the fee amount being assessed the entire balance of the Financial Institution Account will be applied to the fee amount: this may bring the Financial Institution Account balance negative and may also mean that part of the fee amount remains unpaid. If the Financial Institution Account balance is negative, or there is a fee amount that is unpaid, this means any subsequent deposits made to the Bank Account are applied first to any negative balance, and then applied to the pended fee amount. This also means the Financial Institution Account balance available to use for new transactions may be less than the deposit made to the Bank Account.

Schedule of fees:

Fee type	Charged fee amount	Fee date
Unauthorized ACH returns	$5.00	Other Fee Date
All failed transfers, chargeback, ACH returns other than Unauthorized ACH returns	$0.15	Other Fee Date
Subscription Services fees if premium features are used	$2.99 monthly	Subscription Fee Date

Unauthorized ACH returns are currently defined by NACHA as ACH transactions with return codes R05, R07, R10, R29 and R51.

For the subscription Services fees, the fee date (“Subscription Fee Date”) means the business day each month when the applicable fee for that calendar month will be withdrawn from your Financial Institution Account. The Subscription Fee Date will be the monthly anniversary of the date your first account was registered. If the date falls on a day that is not a business day in a given month, your Subscription Fee Date for that month will be the business day immediately after. If your Subscription Fee Date would fall on a day in the following month - due to weekends or holidays - your Subscription Fee Date will be the first business day in the calendar month.

For any other fees, such as a failed Transaction, ACH returns, chargebacks, the fee date (“Other Fee Date”) means the business day immediately after.

SECURITY

You are solely responsible for determining the complexity of and safeguarding your passwords and Personal Identification Numbers (“PIN”) for the Services and your User Information. If you share or otherwise disclose any such password or PIN to any third party, they may be able to access your User Account or Financial Institution Account information, and you will be solely responsible for any consequences of such sharing or disclosure. By using the Services, you acknowledge and agree that internet and cellular transmissions cannot be assured of complete privacy or security.

If you notice misuse, theft or unauthorized use of your mobile device, mobile PIN or any other activity that makes you suspicious, you must promptly contact the customer service via email at help@positive.finance and, if possible, enable the appropriate security features on the Services.

You must warrant that you take all reasonable steps to:

ensure that your mobile device and your mobile PIN are kept safe and secure;
ensure that access to the Services is kept safe and secure; and
ensure you review your Services regularly to confirm that it does not reflect any unauthorized Transaction.

You are required to do the following non-exclusive items:

close the Services and log out every time you are not using it;
keep the mobile device you use to gain access to the Services safe and secure and locked with a secure password or other security mechanism;
not write down or telling anyone your mobile PIN, password to access the Services or other details of the Services User Account;
change your mobile PIN regularly;
if you receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your mobile PIN, do not provide your information and contact our customer service at help@positive.finance;
ensure that the mobile device and email account you use to communicate with us are secure and only accessed by you, as the mobile device and email address may be used to reset your mobile PIN or to send information relating to the security of the Services; and
if at any time you think that your mobile PIN has been lost, stolen or any other person knows your mobile PIN or anyone has access to your email account or mobile device you use to communicate with us, inform our customer service immediately via email at help@positive.finance.

You agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. Although POSITIVE FINANCE will not be liable for any of your losses that are caused by any unauthorized use of your User Account, you may be liable for the losses of POSITIVE FINANCE or others due to such unauthorized use. You shall immediately notify POSITIVE FINANCE of any unauthorized use of your User Account and contact our customer service via email at help@positive.finance.

RESTRICTIONS

You agree you will not do any of the following while using or accessing the Services or any content thereon:

circumvent, disable, or otherwise interfere with security-related features of POSITIVE FINANCE or features that prevent or restrict use or copying of any content or User Information;
use any meta tags or other hidden text or metadata utilizing a POSITIVE FINANCE name, trademark, URL or product name;
upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
upload, email, transmit, provide, or otherwise make available, via the Services, any User Information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third-party, contains nudity, is deceptive, threatening, abusive, inciting of unlawful action, or is otherwise objectionable in the sole discretion of POSITIVE FINANCE;
upload, email, transmit, provide, or otherwise make available any User Information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to the POSITIVE FINANCE Services;
interfere with or disrupt (or attempt to interfere with or disrupt) any web page available on the Website or the Application, servers, or networks connected to the Services, or the technical delivery systems of POSITIVE FINANCE’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
attempt to probe, scan, or test the vulnerability of any POSITIVE FINANCE system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services, including without limitation the intelligent deposits or the cash allocation algorithm;
attempt to access, search, or meta-search the Website or Application or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by POSITIVE FINANCE or other generally available third-party web browsers, including without limitation any software that sends queries to the Services to determine how a website or web page ranks;
violate the terms of service or any other rule or agreement applicable to you or POSITIVE FINANCE through the POSITIVE FINANCE Services’ inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
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;
use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to access, monitor or copy our Website or Application without our prior written permission; or interfere or attempt to interfere with the Services;
take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
use the Services to test Transaction behaviors;
upload, email, transmit, provide, or otherwise make available any User Information that includes code that is hidden or otherwise surreptitiously contained within the User Information;
collect or store personal data about other users without their express permission;
upload, email, transmit, provide, or otherwise make available any User Information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User Information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Information);
impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud; and
assist, encourage, or enable others to do any of the foregoing.

You are not permitted to:

breach these Terms, or any other agreement or policy that you have agreed with POSITIVE FINANCE or the Bank;
use the Services to violate any applicable law, statute, ordinance, or regulation;
use the Services in a manner that we believe may be a violation of any applicable electronic payment network rules, or network rules, or applicable law;
infringe or misappropriate POSITIVE FINANCE’s or any third-party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
use the Services for any illegal purposes, including, but not limited to fraud and money laundering, unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, the funding of terrorist organizations, the unlawful purchase or sale of tobacco, firearms, prescription drugs, other controlled substances or other products prohibited by law. POSITIVE FINANCE will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator;
use the Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full;
use the Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services;
use the Services to conduct activities pertaining to adult entertainment/pornography, auction houses, chemicals and allied products, dating and escort services, binary options, legal services, political or religious organizations, video game arcades or establishments and business claiming to trade in prime bank guarantees, debentures, letters of credit or medium term notes;
solicit any User for any investment or other commercial or promotional transaction;
act in a manner that is defamatory, libelous, threatening or harassing when using the Services;
create more than one User Account without our prior written consent;
circumvent any POSITIVE FINANCE policy or determinations about your User Account including, but not limited to, attempting to create a new or additional User Account when a User Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional User Account using User Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s User Account;
provide us with false, inaccurate or misleading information;
use the Services to engage in debt-collection activities;
instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
control a User Account that is linked to another User Account that has engaged in any of these restrictions;
conduct your business or use the Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to POSITIVE FINANCE, other Users, third parties or you;
conduct your business or use the Services in a manner that leads us to receive a disproportionate number of claims or chargebacks;
harass our employees, agents, or other Users;
refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
refuse or fail to provide further information about you or your business activities that we may reasonably request;
have a credit score provided by a third-party provider of POSITIVE FINANCE’s choice which indicates a higher level of risk associated with your use of the Services; or
reveal your mobile PIN to anyone or use anyone else’s Services or User Account.
you must ensure that you only enter into Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via a Transaction is not an indication of the legality of the supply or provision of the goods and services.

Transactions for custody and deposit accounts’ deposits and transfers are limited to:

three hundred US dollars ($1,000) per day;
one thousand US dollars per month ($2,000); and
twelve thousand US dollars ($12,000) annually.

The Bank, Financial Institution, or Third-Party Provider reserves the right to refuse to perform a Transaction directly or indirectly associated with any restricted country.

If POSITIVE FINANCE, in its sole discretion, believes that you may have breached the provision of this Section, we may take action to protect ourselves, other Users and third parties. The action we may take includes but is not limited to:

closing, suspending, or limiting your access to any or all of the Services;
contacting other Users who have transacted with you; contacting your Financial Institution; and/or warning other Users, law enforcement, or impacted third parties of your actions;
updating inaccurate Information you have provided to us;
taking legal action against you;
terminating these Terms; and/or
blocking your access to the Application temporarily or permanently.

Where possible, POSITIVE FINANCE will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third-party information or interfering in the course of an investigation.

SUSPENSION, TERMINATION AND CANCELLATION

From time to time, POSITIVE FINANCE may, in its sole discretion, restrict access to the entire or some parts of the Services. Access to the Services may also be unavailable, delayed or limited due to a number of circumstances, including but not limited to hardware and software failure, loading of system capacities, damage caused by severe weather, natural disasters, fire, wars, earthquakes, water damage, interruption in power supply or utility service, stoppage of labor, force majeure event, or governmental or regulatory restrictions. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.

Furthermore, POSITIVE FINANCE reserves the right to restrict, change, suspend, or discontinue any aspect of the Services, at any time, including hours of operation or availability of the Services or any Services’ feature, without notice and without liability.

You may request termination of your User Account at any time and for any reason by contacting our customer service via email at help@positive.finance. Any fees paid to POSITIVE FINANCE are non-refundable.

POSITIVE FINANCE may terminate or suspend your User Account and/or access to the Services, or any portion thereof and remove any material, including User Information, from the Services, in our sole discretion, at any time for any reason without notice or liability to you.

Further, if we believe, in our sole discretion, that a violation of these Terms has occurred, we may take any other corrective or legal action we deem appropriate. We reserve the right to investigate suspected violations of these Terms, including without limitation any violation arising from any User Information. We may seek to gather information from a user, who is suspected of violating these Terms and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone using the Services or making available any User Information, emails, or other materials that are believed to violate these Terms.

Any restriction, suspension, termination, or cancellation shall not affect your obligations to POSITIVE FINANCE under these Terms, including but not limited to ownership of intellectual property, indemnification, and limitation of liability, which by their nature and context are intended to survive such suspension, termination, or cancellation.

LINKS

The Services, including our communications to you, may contain links to web sites controlled or offered by third parties (non-affiliates of POSITIVE FINANCE). POSITIVE FINANCE hereby disclaims liability for any information, materials, products or services posted or offered at any of the third-party sites linked to this website. By creating a link to a third-party web site, POSITIVE FINANCE does not endorse or recommend any products or services offered or information contained at that web site, nor is the Bank liable for any failure of products or services offered or advertised at those sites. Such third parties may have a privacy policy different from that of POSITIVE FINANCE and the third-party website may provide less security than the POSITIVE FINANCE Services.

You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or offers.

THIRD-PARTY PROVIDERS

POSITIVE FINANCE uses Third-Party Providers to access third-party services, products, and promotions that utilize, integrate, or provide ancillary services to the Services (“Third-Party Services”). These Third-Party Services are provided for your convenience only and do not constitute our approval, endorsement, or recommendation of any such Third-Party Services for you. Your access and use any Third-Party Service based on your own evaluation and at your own risk. You understand that your use of any Third-Party Service is not governed by this agreement. If you decide to use a Third-Party Service, you will be responsible for reviewing, understanding and accepting the terms and conditions associated with its use. We expressly disclaim all responsibility and liability for your use of any Third-Party Service. Please also remember that when you use a Third-Party Service, our Privacy Policy is no longer in effect. Your use of a Third-Party Service, including those that have a link on our website, is subject to that Third-Party Service’s own terms of use and privacy Policies

In addition to the rights and restrictions set forth in these Terms, your use of the Services is subject to your agreement to comply with all applicable third party provider terms. Those terms may be supplied to you within the service or directly by each of the Third-party Providers. We are from time to time required to provide guests and registered User Information and details to our Third-Party Providers to the extent that they need such details in order to enable them to execute their contractual responsibilities.

Your use of the Services is subject to additional terms that apply between you and one or more of POSITIVE FINANCE, and the Third-Party Providers, including Bank. By using the Services, you agree to the applicable terms, including any subsequent updates:

Sila Inc.: if you use our Services to open a deposit account, transfer money, and manage your financial account information you must agree to our Terms and the Sila relevant agreements found at www.silamoney.com/terms-of-service;
Evolve Bank & Trust: if you use our Services to open a deposit account, you must agree to our Terms and Evolve Bank & Trust’s Customer Account Agreement found at www.positive.finance/evolve-customer-account-agreement, and Evolve Bank & Trust’s Electronic Communication Consent found at www.positive.finance/evolve-electronic-communications-consent;
Plaid: the relevant agreements found at www.plaid.com/legal;
Alloy: the relevant agreements found at www.alloy.co/legal; and
Financial Institution: we recommend that you read all applicable agreements from your banks and financial institutions.

Additionally, Third-Party Providers may enforce the terms and conditions of this agreement directly against you.

INTELLECTUAL PROPERTY

You hereby acknowledge that POSITIVE FINANCE owns all rights, title and interest in and to the Website, the Application, the Services and to any and all proprietary and confidential information contained therein. The Services and any POSITIVE FINANCE information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to:

modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, reverse compile or disassemble the Website, Application, Services or otherwise attempt to derive source code from the Services;
copy, distribute, transfer, sell or license the Services;
transfer the Services to, or use the Services on, a device other than a compatible device;
take any action to circumvent, compromise or defeat any security measures implemented in the Services;
use the Services to access, copy, transfer, retransmit or transcode content (as defined below) or any other content in violation of any law or third-party rights;
remove, obscure, or alter POSITIVE FINANCE’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services.

NONPROFITS

The Services shall enable some Users to register as Nonprofits. We only allow Users to register as Nonprofits if they are a not-for-profit entity listed. In order to register as a Nonprofit, an entity must be a 501(c)(3), 501(c)(4), 501(c)(6) or 501(c)(7) organization registered with the Internal Revenue Service of the United States of America, and be listed at www.guidestar.org or able to otherwise supply evidence to POSITIVE FINANCE’s satisfaction of its 501(c)(3) status. POSITIVE FINANCE retains absolute discretion as to whom to allow to register as a Nonprofit.

Non-Profits, in addition to being bound by the terms and conditions in this agreement and in the Privacy Policy, represent and warrant as follows:

they are an approved 501(c)(3), 501(c)(4) 501(c)(6) or 501(c)(7) organization;
all information provided is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any User;
all donations contributed to a Nonprofit will be used solely as described by the Nonprofit; and
they will comply with all applicable laws and regulations, including laws and regulations from the jurisdictions from which a Nonprofit solicits donations.

PLEASE NOTE THAT POSITIVE FINANCE PROVIDES A PLATFORM WHICH ALLOWS USERS TO ENGAGE IN TRANSACTIONS WITH NONPROFITS AMONG OTHER USERS. WE DO NOT ENDORSE ANY NONPROFIT, NOR MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER IN REGARDS TO TO THEIR LEGITIMACY, LEGAL COMPLIANCE, USE OF FUNDS, OR OTHERWISE. POSITIVE FINANCE IS NOT AN AGENT, PRINCIPAL, PARTNER, NOR DOES IT HAVE ANY OTHER RELATIONSHIP WITH A NONPROFIT EXCEPT AS A PROVIDER OF THE SERVICES DESCRIBED HEREIN. WHILE POSITIVE FINANCE HAS THE RIGHT TO VET NONPROFITS AND MONITOR ITS USERS, IT HAS NO OBLIGATION TO DO SO. BY USING THE SERVICES YOU UNDERSTAND AND AGREE THAT POSITIVE FINANCE IS NOT RESPONSIBLE FOR THE DISPOSITION OR USE OF ANY FUNDS YOU ENTER INTO A TRANSACTION WITH REGARDS TO.

USERS ARE SOLELY RESPONSIBLE FOR ASSESSING THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY NONPROFIT. WE ENCOURAGE USERS TO USE THEIR DISCRETION WHEN SUPPORTING NONPROFITS OR ENGAGING IN ANY OTHER TRANSACTIONS.

Though we have no obligation to verify the accuracy of Nonprofits statements (whether on the Services or off), nor their legitimacy or their use of funds, we take possible fraudulent and dishonest activity very seriously. If you have reason to believe that a Nonprofit is not raising or using what they represent, or is otherwise engaged in fraudulent or misleading activity, please alert us of this potential issue by emailing us at help@positive.finance.

REFERRAL PROGRAM

By participating in POSITIVE FINANCE’s referral program you agree to that POSITIVE FINANCE will credit your deposit wallets with your reward only after the referring User and referred User have met all the following eligibility requirements:

the referred User registers a User Account to access POSITIVE FINANCE’s Service,
the referring and referred User comply with the restrictions to access the Service, and stay in good standing with POSITIVE FINANCE at all times between meeting the eligibility criteria and the time the reward is credited,

the referred User deposits at least $50 from the User Financial Institution Account to the User Bank Account,
the referring User maintains at least $1 in the Bank Account for at least 30 consecutive days, and
the referred User maintains at least $50 in the Bank Account for at least 30 consecutive days,

POSITIVE FINANCE will credit the deposit wallets of the referring User and the referred User of a reward as follows:

$5 will be credited to the Savings wallet account,
$5 will be credited to the Donations wallet account,
The credits will be processed within standard EFT processing times (typically 2 to 5 working days).

At POSITIVE FINANCE’s discretion, POSITIVE FINANCE can waive these requirements. POSITIVE FINANCE reserves the right to request additional documentation for identity and/or Financial Institution Account verification before issuing payments.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless POSITIVE FINANCE, its affiliates, licensors, and Third-Party Providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ costs & fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services’ content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.

POSITIVE FINANCE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with POSITIVE FINANCE in asserting any available defenses. You agree not to settle any such matter without the prior written consent of POSITIVE FINANCE. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Each of the Third-Party Providers is an express third-party beneficiary of this section with full rights to enforce its terms.

NO WARRANTY

YOUR USE OF POSITIVE FINANCE SERVICES AND CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE POSITIVE FINANCE SERVICES, CONTENT, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND FROM POSITIVE FINANCE. POSITIVE FINANCE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “POSITIVE FINANCE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE POSITIVE FINANCE SERVICES AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE POSITIVE FINANCE PARTIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED:

REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES, CONTENT AND/OR USER INFORMATION;
THAT THE POSITIVE FINANCE SERVICES AND/OR CONTENT WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR
REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF THE SERVICES, CONTENT OR ANY INFORMATION PROVIDED BY THE POSITIVE FINANCE SERVICES.

THE POSITIVE FINANCE PARTIES MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES. YOUR SOLE REMEDY AGAINST THE POSITIVE FINANCE PARTIES FOR DISSATISFACTION WITH THE POSITIVE FINANCE SERVICES OR ANY CONTENT IS TO STOP USING THE POSITIVE FINANCE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE POSITIVE FINANCE PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE POSITIVE FINANCE PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, LIQUIDATED, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING IN WHOLE OR IN PART OUT OF OR IN CONNECTION WITH YOUR USE OF THE POSITIVE FINANCE SERVICES AND/OR CONTENT, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE POSITIVE FINANCE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE POSITIVE FINANCE PARTIES’ COLLECTIVE CUMULATIVE LIABILITY TO YOU (WHETHER ARISING UNDER THESE TERMS, ANY USER ACCOUNT AGREEMENT, ANY TRANSFER SERVICE, ANY PAYMENT SERVICE AGREEMENT OR ANY OTHER ADDITIONAL TERMS OR UNDERSTANDING BETWEEN YOU AND POSITIVE FINANCE RELATING TO THE POSITIVE FINANCE SERVICES), FOR ANY CAUSE WHATEVER (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100) AND (II) THE AGGREGATE AMOUNT OF FEES (IF ANY) ACTUALLY RECEIVED BY POSITIVE FINANCE FROM YOU PURSUANT TO YOUR POSITIVE FINANCE USER ACCOUNT AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH SUCH LIABILITY AROSE.

We shall not be liable to you for any delay or failure to perform our obligations under these Terms (including any delay in payment) by reason of any cause beyond our reasonable control including but not limited to any action or inaction by you or any third party, any force majeure event, bank delay, postal delay, act of government, failure or delay of any fax or electronic transmission, any cyber event, any accident, emergency, act of god or any abnormal or unforeseeable circumstances, or any other events or circumstances not within our reasonable control, whether similar or dissimilar to any of the foregoing.

You are responsible for all liabilities, financial or otherwise, incurred by POSITIVE FINANCE, a POSITIVE FINANCE User, or a third party caused by or arising out of your breach of these Terms, your use of the POSITIVE FINANCE Services, and any use of your User Account. You agree to reimburse POSITIVE FINANCE, a POSITIVE FINANCE User, or a third party for any and all such liability, to the extent not prohibited by applicable law.

You remain liable under these Terms in respect of all charges and other amounts incurred through the use of your User Account at any time, irrespective of termination, suspension or closure.

You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the POSITIVE FINANCE Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. You are liable to the state and other subjects for fulfilment of all tax obligations independently. POSITIVE FINANCE shall not be responsible for the execution of tax obligations, or calculation and transfer of taxes applied to you.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

GOVERNING LAW, ARBITRATION AND CLASS ACTION WAIVER

These Terms shall be construed and governed by the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Access or use of the Website, Application and/or the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

BINDING ARBITRATION:

ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS OR THE POSITIVE FINANCE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THIS SECTION HEREIN.

Any claim, dispute, or controversy arising out of or relating to these Terms or the Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory (“Claim”), shall be resolved through binding arbitration, on an individual basis. Subject to applicable jurisdictional requirements, you may elect to pursue your Claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes, which are accessible at www.adr.org/sites/default/files/Consumer%20Rules.pdf.

CLASS ACTION WAIVER:

TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND POSITIVE FINANCE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Before serving a demand for arbitration for a Claim, you and POSITIVE FINANCE agree to first notify each other of the Claim. You agree to notify POSITIVE FINANCE of the Claim by email to help@positive.finance, and POSITIVE FINANCE agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and POSITIVE FINANCE then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or POSITIVE FINANCE, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and POSITIVE FINANCE will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.

CUSTOMER SERVICE

Your feedback is welcome and encouraged and you may submit feedback by contacting our customer service. You agree, however, that:

by submitting unsolicited ideas to POSITIVE FINANCE or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and
such unsolicited ideas automatically become the property of POSITIVE FINANCE. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to POSITIVE FINANCE together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.

You may reach our customer service by the following ways:

Email: help@positive.finance; and
Phone: +1 (347) 725-1975.