Last Updated: May 6, 2022
These Terms of Service apply to your use of the mobile application, (“Mobile App”), website (“Site”), and products and services (the “Services”) made available by Contrast Financial, Inc. (“Contrast,” “us”, or “we”). Contrast reserves the right to change these Terms of Service at any time without notice, and any change will be effective upon posting to our Site. Therefore, you should review this Site periodically to check for any changed terms. By continuing to use this Site, Mobile App, or any Services, you agree to any changes in these Terms of Service. The Site, Mobile App, and Services are intended for individuals who are at least 18 years old. If you are under the age of 18, please do not access the Mobile App or Site.
Acceptance of Agreement
Please read this Agreement carefully before using the Mobile App, Site, or the Services. By using the Mobile App, Site, or otherwise using or accessing our Services, you agree to be bound by these Terms of Service, without limitation. If you do not agree to these Terms of Service, you may not access or use the Mobile App, Site, or the Services.
Minimum Technology Requirements
To access and use our Mobile App and the Services, you must have a mobile device with access to the Internet running either Apple iOS [xx.x] or higher, or Android [x.x] or higher, as well as sufficient storage space to install the Mobile App. You must also have a valid U.S. telephone number provided through a mobile carrier and an email address. We do not support mobile devices that are not mobile telephones, such as tablets. Our Mobile App is available on the Apple App Store and Google Play Store.
User Accounts and Login Credentials
In order to use the Mobile App and the Services, you must establish a user account (“User Account”). You may create a User Account by downloading the Mobile App to your mobile device and following the instructions provided within the Mobile App. You agree to provide accurate, current, and complete information when establishing a User Account, and that you will update any information you provide to us if your information changes. You may update your User Account information by [insert methods for updating].
Before we allow you to establish a User Account, we may be required to verify your identity by requesting additional information or documentation from you. If you do not respond to our requests or we are unable to verify your identity, we may refuse to establish a User Account for you.
When establishing a User Account, you will be asked to create a username and password (“Login Credentials”). Your Login Credentials will be used to authenticate your identity while using the Mobile App and/or the Services. You agree that the use of your Login Credentials to authenticate your identity while using the Mobile App and/or the Services is a commercially reasonable method to confirm the validity of any instructions, requests, orders, or other information we receive through the Mobile App and/or the Services, and that we may rely on any such instructions, requests, orders, or other information without further investigation.
Limitations of Use
You agree to use the Mobile App, Site, and the Services only for lawful purposes. You are prohibited from any use that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that would give rise to any civil or criminal liability. Any unauthorized use of the Mobile App, Site, or the Services, including but not limited to unauthorized entry into Contrast’s systems, misuse of passwords, or misuse of any information posted on the Mobile App, Site, or through the Services is strictly prohibited. Contrast makes no claims concerning whether use of the Mobile App, Site, or the Services is appropriate outside the United States. If you access the Mobile App, Site, or the Services from outside the United States, you are solely responsible for ensuring compliance with any applicable laws of your specific jurisdiction.
You further agree you will not:
- try to reverse engineer, disassemble, decompile, or decipher the Mobile App, Site or the Services or any related software;
- Navigate or search the Mobile App, Site, or the Services with any tool, software, agent, engine, or other means;
- Use a means other than Contrast’s provided interface to access the Mobile App, Site, or the Services;
- Use the Mobile App, Site or the Services in a way that could impair, overburden, damage, or disable any portion of the Mobile App, Site, or Services; or
- Mirror any material contained on the Mobile App, Site, or the Services.
Contrast reserves the right to take various actions against you if we believe you have engaged in any activities restricted by this Agreement or by law or regulation, including actions we deem necessary to protect ourselves, other users, or other third parties from any liability, fees, fines, or penalties. Such actions include, but are not limited to, (1) limiting, suspending, or terminating your access to the Mobile App, Site, or the Services; (2) taking legal action against you; and (3) holding you liable for any amount of Contrast’s damages caused by your violation of this Agreement.
Mobile Banking Services
If you open a Contrast [name of Deposit Account] and obtain a Contrast [insert name of Card], you will be able to manage your account and card, view your transaction history and other account information, perform certain transactions, and access various features of your account and card (together, “Mobile Banking Services”) through the Mobile App. Your use of the Mobile Banking Services is governed by these Terms of Service. There is no fee to use the Mobile Banking Services. Please note, however, that the [name of Deposit Account], [insert name of Card], and all related banking services are provided by [name of bank partner] and are governed by separate agreements and not these Terms of Service.
By using the Mobile Banking Services, you agree that we are permitted to act upon any transactions instructions we receive through the Mobile App or the Services under your Login Credentials, and any actions taken under your Login Credentials have the same effect as a signature authorizing the transaction or other action.
In the event that your mobile device is lost or stolen, and you believe you were not logged off and/or feel your log on credentials may have been compromised, please contact us at [insert method of contact].
Cash Back Rewards Program
Contrast offers a debit card Rewards Program (the [placeholder for marketing name of program, i.e., “Contrast Rewards Program”]) that allows eligible customers to earn cashback on certain purchases. The [placeholder for name] is governed by separate terms and conditions, which can be found [insert hyperlink or description of the location].
Text Messaging, Telephone Calls, and Push Notifications
By creating a Contrast User Account, you consent to receive non-marketing SMS and MMS messages (collectively, “text messages”) and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, or third-party service providers at the specific number(s) you have provided to us. You certify, warrant, and represent that the telephone number you have provided to us is your number and not someone else’s. You further represent that you are permitted to receive calls and text messages at the telephone number you have provided to us, and agree that you will promptly alert us whenever you stop using a telephone number. Note that you may incur costs to receive such phone messages and text messages, and that standard message and data rates may apply to all text messages we send to you.
You also agree to receive push notifications from us. Each push notification may not be encrypted, and may include your name and information pertaining to your use of the Mobile App, Site, or Services. You can opt out of receiving push notifications by adjusting your device settings. You acknowledge that opting out of receiving push notifications from us may impact your use of the Mobile App, Site and Services.
Receipt of text messages, telephone calls, and push notifications (collectively, “Communications”) may be delayed or prevented by factors beyond our control, including those affecting your internet or telecommunications provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or erroneous delivery of any Communication; any inaccurate Communication content, or your use or reliance on the content of any Communication for any purpose.
Mobile App, Site and Service Availability
We have the right, in our sole discretion, to add, remove, suspend or otherwise change the Mobile App, Site, or the Services, or any related capabilities and features, at any time. We will provide you with notice of any such changes where required by law. Your continued use of the Mobile App, Site, or the Services will constitute your acceptance of and agreement with any such changes.
While we endeavor to make the Mobile App, Site and the Services available 24/7, there may be times when access to the Mobile App, Site, or the Services will be interrupted due to maintenance or for reasons beyond our control. We will attempt to provide you with notice if an interruption occurs. However, you agree that, except as required by law, we are not liable to you for such interruptions.
Limitation of Liability and Disclaimer of Warranties
EXCEPT WHERE PROHIBITED BY LAW, NEITHER CONTRAST, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR PROFITS FOR CLAIMS ARISING OUT OF OR RELATED TO THE MOBILE APP, SITE, OR THE SERVICES. THIS DISCLAIMER OF DAMAGES APPLIES TO ALL FORMS OF ACTIONS, WHETHER IN CONTRACT OR IN TORT OR OTHER CLAIM ARISING OUT OF OR RELATED TO THE SITE, OR ITS CONTENT.
EXCEPT WHERE PROHIBITED BY LAW, THE MOBILE APP, SITE, AND/OR THE SERVICES, OR ANY CONTENT OR INFORMATION PROVIDED THEREIN, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The information contained at the Mobile App or Site may include technical inaccuracies or typographical errors. Contrast assumes no liability for any errors or omissions in the information contained at the Site and expressly disclaims any responsibility to update the information contained at the Site.
Copyright and Trademark Information
The Mobile App, Site and the Services are owned and operated by Contrast. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the "Contrast Materials") are owned exclusively by Contrast or the licensors or suppliers of Contrast and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on this Site, the Mobile App, or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Contrast Materials displayed on the Mobile App, Site or Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the Contrast Materials found on the Mobile App, Site or the Services unless in accordance with written authorization by us. Contrast prohibits the use of any of the Contrast Materials as part of a link to or from the Mobile App, Site or Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Contrast Materials, or whether any mark or logo is a Contrast Material, should be referred to Contrast. All rights related to the Contrast Materials are hereby reserved. You agree that the Contrast Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Contrast. You acknowledge that the Contrast Materials are and shall remain the property of Contrast. You may not modify, participate in the sale or transfer of, or create derivative works based on any Contrast Materials, in whole or in part.
Regardless of whether you have chosen to opt out of certain marketing offers from Contrast, by using the Mobile App, Site, or Services, you agree that we may market our services and the services of other companies on the Mobile App and Site through the use of banner ads, “hyper-links,” and other similar marketing devices. Products offered may be offered by companies that are not affiliated with Contrast. Contrast is not responsible or liable for the provision of or failure to provide stated services, benefits, or products by these non-affiliated companies. Contrast does not legally endorse or guarantee products or services provided by non-affiliated companies and such products or services may not be or are not insured by the Federal Deposit Insurance Corporation (“FDIC”) or guaranteed by a bank.
Links to Other Internet Websites
The Mobile App or Site may list or contain links to other websites that are not under the control of Contrast, but are exclusively controlled by third parties. Contrast makes no representations whatsoever concerning such websites. Providing a link to a third party, is not an authorization, endorsement, sponsorship, or affiliation by Contrast. Contrast does not monitor, examine, or evaluate the websites and has not tested any information, products or software found on such websites. Contrast does not assume any responsibility or liability for the actions, products, and content of these website links and any other third-parties. It is up to you to take precautions to protect yourself from items such as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL CONTRAST BE LIABLE TO ANY PARTY FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Dispute Resolution by Binding Arbitration
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED FURTHER BELOW.
Election to Arbitrate. You and Contrast agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section (the “Arbitration Provision”), unless you opt out as provided further below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from these Terms of Service, including (except to the extent provided otherwise elsewhere in this Arbitration Provision) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Terms of Service. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
Applicability of the Federal Arbitration Act; Arbitrator’s Powers. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to [insert email and/or physical address], within 60 days of the date of your electronic acceptance of these Terms of Service. The opt out notice must clearly state that you are rejecting arbitration; identify the agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
Informal Dispute Resolution. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to [insert email address] at any time.
Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of AAA, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
Arbitration Fees. If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of AAA, or in accordance with countervailing law if contrary to AAA's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Appeals. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by an arbitrator selected according to the rules of AAA. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The arbitrator will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the prior arbitrator that is not subject to appeal, and any award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
No Class Actions. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS UNLESS REQUIRED BY LAW), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this paragraph shall be determined exclusively by a court and not by the administrator or any arbitrator.
Survival and Severability of Arbitration Provision. This Arbitration Provision shall survive the termination of these Terms of Service. If any portion of this Arbitration Provision other than the paragraph above titled “No Class Actions” is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in the paragraph above titled “No Class Actions” are finally adjudicated pursuant to the last sentence of said paragraph to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
Judicial Forum for Claims. Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Contrast agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of [insert preferred County], [insert preferred State]. Both you and Contrast consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
WAIVER OF RIGHT TO LITIGATE. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
Contrast may terminate these Terms of Service, or suspend or terminate your access to and use of the Mobile App, Site or the Services, at any time, with or without cause. The following provisions of these Terms of Service shall survive termination: the sections concerning Limitations of Liability and Disclaimer of Warranties, Indemnification, Dispute Resolution by Binding Arbitration, General Provisions, and any other provision that by its terms survives termination.
You agree that if we do not enforce any of the legal rights or remedies under these Terms of Service, or other legal rights or remedies we have under applicable laws, it shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
If any provision of these Terms of Service is found to be invalid, unlawful, void, or unecnforceable by either a court of competent jurisdiction or an arbitrator, these Terms of Service’s remaining provisions shall remain in full force and effect and are to be enforced to the fullest extent possible.
Governing Law and Venue
Except for the Arbitration Provision which is governed by the FAA, these Terms of Service and all Claims are governed by the laws of [preferred state], without regard to conflict-of-law rules.
These Terms of Service are the entire understanding and agreement between you and Contrast. These Terms of Service supersede any previous Terms of Service or other agreement to which you and Contrast may have been bound. These Terms of Service will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Service. You may not assign or transfer these Terms of Service or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service or any of our rights or obligations under these Terms of Service at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you have any questions about these Terms of Service or Contrast, please contact us by email at email@example.com.