fortú

Account Terms

Effective date: April 29, 2021

TERMS AND CONDITIONS OF YOUR FORTÚ ACCOUNT

THANK YOU FOR BANKING WITH LENDINGCLUB BANK. WE LOOK FORWARD TO SERVING YOU.

IMPORTANT ACCOUNT OPENING INFORMATION

Due to the passage of the “USA PATRIOT Act,” we are required to notify customers of the following information:

Federal laws and regulations require us to request information from you prior to opening an Account or adding an additional signatory or authorized user to an Account. The information we request may vary depending on the circumstances, but at a minimum, will include your name, address, an identification number such as your social security or taxpayer identification number, and for individuals, your date of birth. We are also required to verify the information you provide to us. This verification process may require you to provide us with supporting documentation that we deem appropriate. We may also seek to verify the information by other means. We reserve the right to request additional information and/or signatures from you from time to time.

IMPORTANT: AS SET FORTH BELOW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE “DISPUTE RESOLUTION” PROVISION CONTAINED IN THIS AGREEMENT. THIS AGREEMENT ALSO INCLUDES A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL. PLEASE READ THE “DISPUTE RESOLUTION” SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY US. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Agreement

These Terms and Conditions of Your Fortú Account, along with any other documents we give you pertaining to your non-interest-bearing account (the “Account”) and the Fortú Mastercard® (the “Fortú Card”) (collectively, the “Agreement”), is a contract that establishes rules that control your Account and Fortú Card made available to eligible consumers by LendingClub Bank, National Association (“Bank”), member of the Federal Deposit Insurance Corporation (“FDIC”), in partnership with Fortú, Inc. (“Fortú”), the program partner responsible for managing the Account and Fortú Card program. Please read this Agreement carefully and retain it for future reference. By opening or continuing to hold an Account with us, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with the Account. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this Agreement. If you have any questions, please call us.

If there is a conflict between this Agreement and any other document or statement made to you concerning the Account or Fortú Card, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Account or Fortú Card, the separate terms and conditions applicable to that service or product will govern.

This agreement is subject to applicable federal laws, the laws of the state of Massachusetts and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement can and does vary such rules or laws). The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here.

The purpose of this document is to, among other things:

  1. summarize some laws that apply to common transactions;
  2. establish rules to cover transactions or events that the law does not regulate;
  3. establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
  4. give you disclosures of some of our policies to which you may be entitled or in which you may be interested.

In the event that any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. To the extent permitted by law, the parties waive any provision of law that prohibits or renders unenforceable any provisions of this Agreement, and to the extent that such waiver is not permitted by law, you and we agree that such provision will be interpreted as modified to the minimum extent necessary to render the provisions enforceable. We may permit some variations from this Agreement, but we must agree to any variation in writing. Nothing in this document is intended to vary our duty to act in good faith and with ordinary care when required by law.

As used in this document the words “we,” “our,” and “us” mean Bank, as well as any of its affiliates, successors, assignees, agents, and/or service providers, and the words “you” and “your” mean the you, the owner of the Account and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the Account. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so the singular includes the plural and the plural includes the singular, and the words “include,” “includes” or “including,” mean without limitation by reason of enumeration.

The Basics of the Account

The Account is a non-interest-bearing deposit account used to hold your deposits and make payments and transfers to other accounts at other banks and to third parties online through Fortú’s mobile application (the “Mobile App”) and through the use of the Fortú Card. Separate terms and conditions apply to the Mobile App and services offered by Fortú, including its reward services. Please refer to the Terms of Use available at https://www.fortu.com/policies for additional information. These services are not provided or controlled by Bank or this Agreement.

You must not use your Account or Fortú Card for any illegal purposes or, regardless of whether it is legal or illegal, for internet gambling. This prohibition includes any transaction that is illegal in the jurisdiction where you live, in the jurisdiction where the transaction is consummated, or in any other jurisdiction affected by the transaction. You are responsible for determining the legality of each of your transactions in all applicable jurisdictions before entering into the transaction. We have no obligation to monitor, review or evaluate the legality of any transaction. We may deny any transaction or refuse to accept any deposit that we believe is related to illegal activity or online gambling or for any other reason at our discretion.

Eligibility

The Account is available to United States citizens or lawful permanent residents of the fifty (50) United States (“U.S.”), the District of Columbia, American Samoa, Guam, Marshall Islands, Northern Mariana Islands, Palau and US Virgin Islands who are at least 18 years of age, have a U.S. physical address or with military addresses (APO or FPO), and have a valid Social Security Number or Tax Identification Number. The Account is only available to individuals for personal, family or household purposes and may not be opened by a business in any form or used for business purposes.

You must also agree to go paperless. This means that you must (1) provide us with a valid email address and (2) agree to accept electronic delivery of all communications that we need or decide to send you in connection with your Account per the terms of our Electronic Communications Policy. We may decline to open an Account or issue a Fortú Card to you for any reason, or for no reason; this includes if you have had or currently have any other relationships or accounts with either us or Fortú that you did not maintain in a satisfactory manner. We are not liable for any damages or liabilities resulting from refusal of an Account relationship.

Titling and Ownership of the Account

The Account may only be owned in the name of one person who may make deposits and transfer or withdraw funds. The Account cannot be owned or titled as a joint account, trust account, a Uniform Transfers to Minors (UTMA) account, or a Payable On Death (POD) account. You cannot give a security interest or pledge your Account to someone other than us without first getting our express written consent, which we may withhold for any or no reason.

Opening an Account

You may apply for an Account by submitting a request through the Mobile App and providing all requested information. By opening an Account, you agree that we can gather your personal information from one or more consumer reporting agencies, governmental entities, and/or other third parties. You also agree that we have the right to access follow-up consumer reports while your Account is open for maintenance, review, or collection purposes.

Your Account will not be considered “opened” until we notify you that it is open.

There is no minimum deposit required and no minimum balance you need to maintain in your Account.

Liability

You agree, for yourself (and the person you represent if you sign as a representative of another) to the terms of this Account and Fortú Card and the schedule of charges. You authorize us to deduct these charges, without notice to you, directly from the Account balance as accrued. You will pay any additional reasonable charges for services you request that are not covered by this Agreement.

Each of you also agrees to be jointly and severally (individually) liable for any negative Account balance and Account shortage resulting from charges or overdrafts, whether caused by you or another with access to this Account or Fortú Card. This liability is due immediately, and can be deducted directly from the Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft.

You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Account. This includes, but is not limited to, you and an authorized signer or similar party or a third party claiming an interest in your Account. This also includes any action that you or a third party takes regarding the Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Account when they are incurred, without notice to you.

Deposits

You may make deposits into your Account using any of these methods described herein. We do not charge you any fees for making deposits. You may only deposit with us funds that are immediately available, which under applicable law are irreversible and are not subject to any lien, claim, or encumbrance.

Deposit MethodLimitations
Direct Deposit (via ACH)None -Max Frequency: None
ACH transfer to your Account from an external account using the Mobile AppMax Amount: $9,000 per day - $25,000 per month
Wire transfer (please contact Fortú for wire information)Max Amount: $9,000 per day - $25,000 per month
Debit card issued by a third partyMax Frequency: None - Max Amount: $1,000 per day; $500 per transaction
Green Dot Network Cash LoadsMax Amount: $1,000 per day; $5,000 per month

We do not accept deposits made in cash or check or deposits in foreign currency. Any deposits made in cash or in a foreign currency will be sent back to the address we have on file for you. We are not liable if you do not receive the returned funds. You may not make deposits at ATMs. You may not initiate a deposit by mail.

It is our policy to make deposits made by electronic fund transfer available to you on the business day we receive the deposit. Keep in mind that it may take several days for us to receive ACH transfers from a linked bank account. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. Deposits received by us on a business day before 3:30PM Eastern Time will be considered received that day. Deposits received on a business day after 3:30PM Eastern Time, or at any time on a non-business day, will be considered received the following business day.

Please see the section titled “Your Ability to Withdraw Funds” for additional information on fund availability.
If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your Account, you authorize us to deduct the amount of our liability to the federal government from the Account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. If a deposit or transfer to your Account is returned or rejected by the paying financial institution for any reason, or if there is an error or mistake involving a deposit or transfer, we may deduct the amount of the deposit, transfer or error without prior notice to you. If there are insufficient funds in your Account at the time, your Account may become overdrawn.

Withdrawals

Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the Account or has authority to make withdrawals may withdraw or transfer all or any part of the Account balance at any time, subject to the terms herein. You may withdraw funds up to the amount of your available balance in your Account by using any of the following described herein. Before permitting a withdrawal or other transaction, we may request that you provide us with additional information or documentation that we deem necessary to confirm your identity or to prevent illegal activity. We may refuse the transaction if you do not comply with our request.

Other third-party fees may also apply to out-of-network ATM transactions. Please refer to the Fee section below for more information and all fees applicable to your Account.

Withdrawal MethodLimitations
ATM withdrawals using your Fortú CardMax Amount: $500 per day; $500 per transaction
Purchases or other transaction using your Fortú Card at merchants that have agreed to accept the Fortú CardMax Frequency: None;Max Amount: $2,000 per day

You may link another bank account you have to your Account in order to transfer funds between the linked bank account and your Account using the Mobile App. You may only link a bank account titled in your name (either individually or jointly) and from which you have the right to authorize charges and debits. You represent and warrant: (1) that you have the right to authorize any and all charges and debits to the linked account; (2) the linked account is held at a depository institution located in the U.S.; and (3) you are individually or jointly the owner of the linked account. By linking a bank account, you agree to indemnify and hold us harmless from any claims by any person related to the linked bank account, including any other owner of the linked bank account. You may only link a bank account that is a deposit account, such as a checking, savings or money market account.

We do not permit you to overdraw your Account and we do not charge you insufficient funds fees or overdraft fees. If the available balance in your Account is not sufficient to cover any transaction you have authorized, we can refuse to process the transaction, even if you make a deposit later in the business day after we refuse your withdrawal request. There may be instances where your Account can still become overdrawn. For example, if a deposit is returned or if a merchant settles a Fortú Card transaction for an amount greater than the card authorization, you must make a deposit immediately to cover any negative balance. IF YOUR ACCOUNT HAS A NEGATIVE BALANCE FOR SIXTY (60) CALENDAR DAYS OR MORE, WE MAY CLOSE YOUR ACCOUNT.

You cannot withdraw funds by check, and we do not permit you to create checks drawn on your Account.

Amendments and Termination

We may change any term of this Agreement without notice by posting an amended Agreement on Fortú’s website, https://www.fortu.com/policies, and any such amendment shall be effective upon posting. For changes for which applicable law requires notice, we will give you reasonable notice in writing or by any other method permitted by law. We may also close this Account at any time upon reasonable notice to you and tender of the Account balance by mail or transfer to a linked account. Items presented for payment after the Account is closed may be dishonored. When you close your Account, you are responsible for leaving enough money in the Account to cover any outstanding items to be paid from the Account. Reasonable notice depends on the circumstances, and in some cases, such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or Account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your Account, we might immediately freeze or close your Account and then give you notice. If we have notified you of a change in any term of your Account and you continue to have your Account after the effective date of the change, you have agreed to the new term(s).

Notices

Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. If no delivery instruction is provided, notice must be given by emailing us at support@fortu.com. We must receive it in time to have a reasonable opportunity to act on it. Written notice we give you is effective when it is deposited in the United States Mail with proper postage and addressed to your mailing address we have on file or emailed to you at the email address we have on file for you. Notice to any of you is notice to all of you.

Statements

Statements will periodically be provided to you in the app as long as your Account is not inactive. You will receive a statement monthly as long as you have transactions on your Account during the statement period. If there were no transactions on your Account, we will provide you statements at least quarterly. You will not receive paper statements. You agree to notify us promptly if you do not receive your statement by the date you normally would expect to receive it. You agree that the statements have been delivered or made available to you in a reasonable manner.

You are also responsible for reviewing your Account statements as they are made available to you for errors or unauthorized activity. If you identify an error or unauthorized activity, you must notify us promptly to avoid losing your money. Please refer to the section titled “Electronic Fund Transfers” for information concerning errors and unauthorized activity.

Account Transfer

This Account may not be transferred or assigned without our prior written consent. Your obligations under this Agreement are not transferable and not assignable. We or Fortú may transfer our rights under this Agreement.

Setoff

WE MAY (WITHOUT PRIOR NOTICE AND WHEN PERMITTED BY LAW) SET OFF THE FUNDS IN THIS ACCOUNT AGAINST ANY DUE AND PAYABLE DEBT ANY OF YOU OWE US OR FORTÚ NOW OR IN THE FUTURE. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date.

This right of setoff does not apply to this Account if prohibited by law, including the Military Lending Act or its implementing regulations. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.

Posting Order and Account Balances

The order in which transactions are paid is important if there is not enough money in your Account to pay all of the transactions initiated. The payment order can affect the number of transactions that are returned and the amount of the fees you may have to pay. To assist you in managing your Account, we are providing you with the following information regarding how we process transactions.

To determine your available Account balance, we first start with your ledger balance at the beginning of the business day, subtract any holds from your balance and make any adjustments from prior days. Next, we generally add available deposits and credits to your balance. Then, we subtract each transaction group and the transactions within each group in the following order: (1) first, Fortú Card transactions (including PIN transactions and ATM withdrawals) based on the date and time order; and (2) then all other electronic fund transfers (including ACH transactions) based on highest dollar amount to lowest.

Keep in mind that your available Account balance may not reflect every transaction you have initiated or previously authorized. For example, your available Account balance may not include (1) transactions you have authorized that we have not received, (2) Fortú Card transactions where the card authorization has been removed before the transaction is settled due to a merchant’s delay in settlement, or (3) the full amount of a Fortú Card transaction where the settlement amount is greater than the card authorization amount. Your available Account balance is viewable at any time through the Mobile App, but it is important to understand that it may not reflect transactions you have authorized that have not yet been presented to us for payment.

If a transaction is presented without sufficient funds in your Account to pay it, we may, at our discretion, return the transaction for insufficient funds (NSF). We will not charge you a fee for paying an overdraft of an ATM or everyday Fortú Card transaction. The amounts of the overdraft and NSF fees are disclosed elsewhere.

Notwithstanding anything to the contrary, when we process multiple transactions for your Account on the same day, you agree that we may in our discretion determine our posting orders for the transactions and that we may credit, authorize, accept, pay, decline, or return credits, debits, and holds in any order at our option. We do not always receive debits on the same day that you conduct them. We generally post credits and debits to your Account, and report them on your statement, in a different order than the order in which you conduct them or we receive them. We may change the way we group transactions together or the order in which we post transactions to your Account at our discretion and without notice to you. We sometimes add or delete categories, change posting orders within categories and move transaction types among categories. You agree that we may in our discretion make these changes at any time without notice to you. It is therefore important for you to keep track of the deposits you make and the transactions you authorize to make sure there are sufficient funds in your Account to cover all transactions and any applicable fees.

IF WE ARE SERVED WITH A SUBPOENA, RESTRAINING ORDER, WRIT OF ATTACHMENT OR EXECUTION, LEVY, GARNISHMENT, SEARCH WARRANT, OR SIMILAR ORDER RELATING TO YOUR ACCOUNT (TERMED “LEGAL ACTION” IN THIS SECTION), WE WILL COMPLY WITH THAT LEGAL ACTION, AND, IN OUR DISCRETION, WE MAY FREEZE THE ASSETS IN THE ACCOUNT AND NOT ALLOW ANY PAYMENTS OUT OF THE ACCOUNT UNTIL A FINAL COURT DETERMINATION REGARDING THE LEGAL ACTION. We may do these things even if the legal action involves less than all of you. In these cases, we will not have any liability to you if there are insufficient funds to pay any transaction using your Account because we have withdrawn funds from your Account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys’ fees and our internal expenses) may be charged against your Account.

Security

It is your responsibility to protect the Account number, Fortú Card information, and electronic access devices we provide you for your Account. Do not discuss, compare, or share information about your Account information or Fortú Card information with anyone unless you are willing to give them full use of your money. Keep your Account number, statements, virtual card number, and Fortú Card secure at all times. Make sure to also keep your mobile device secure at all times and avoid accessing the Mobile App when others can see your screen. Your Account or Fortú Card information can be used by thieves to issue an electronic debit or to encode your number on a false demand draft that looks like and functions like an authorized check. If you furnish your Account or Fortú Card information or Mobile App and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized.

Your Account and Fortú Card information can also be used to electronically remove money from your Account, and payment can be made from your Account even though you did not contact us directly and order the payment.

Except for consumer electronic funds transfers subject to Regulation E (more information here), you agree that if we offer you services appropriate for your Account to help identify and limit fraud or other unauthorized transactions against your Account, such as positive pay or commercially reasonable security procedures, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered, unless we acted in bad faith or to the extent our negligence contributed to the loss. If we offered you a commercially reasonable security procedure that you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in compliance with an alternative security procedure that you have selected.

If your Account number, Fortú Card, mobile device or Mobile App login credentials are lost or stolen, notify us immediately to limit your liability for unauthorized transactions that may occur.

Information, Address or Name Changes

You must notify us immediately if there is a change to your name, telephone number, mailing address, email address, or any other information you have provided us. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders and sent to support@fortu.com, and must submit any proof of address and identification requested by us. We will attempt to communicate with you only by use of the most recent email address you have provided to us. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address.

ACH Transfers

If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution, or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person, or account other than the one named. You agree to be bound by automated clearing house association rules. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your Account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries may be made by ACH. If we receive a payment order to credit an Account you have with us ACH, we are not required to give you any notice of the payment order or credit.

Death or Incompetence

You agree to notify us promptly through either yourself or your representative if any person with a right to withdraw funds from your Account(s) dies or is adjudicated (determined by the appropriate official) incompetent. We may continue to honor instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may continue to accept deposits and process transactions to your Account until we receive notice and any required proof of death or incapacitation and may pay transactions initiated on or before the date of death or adjudication of incompetence for up to ten (10) days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the account. If we receive notification or if we have reason to believe that you have died or become incapacitated, we may place a hold on your Account and refuse all transactions until we know and have verified the identity of your successor. Your estate will be responsible for repaying us for any tax liability resulting from payment of your Account balance to your estate. You agree to hold us harmless for any actions we take based on our belief that you have died or become incapacitated, or any notices of death or incapacitation that we receive. If certain payments originating from government entities are deposited into your Account after your death, we may be required to return those payments to the originator upon notice. If you owe us a debt at the time of your death, we are authorized to exercise our right of setoff or security interest rights against the funds credited to your Account after your death.

Fiduciary Accounts

Accounts may not be opened by a person acting in a fiduciary capacity unless otherwise approved by us in advance. A fiduciary is someone who is appointed to act on behalf of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This Agreement and the Account relationship do not create a fiduciary relationship or any other special relationship between you and us. This means that we do not act as your trustee or financial advisor, and we don’t assume any responsibility for your Account beyond reasonable care.

Telephonic Instructions

Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine.

We may monitor or record phone calls for security reasons, to maintain a record, and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation.

To provide you with the best possible service in our ongoing business relationship for your Account, we may need to contact you about your Account or Fortú Card from time to time by text messaging or email. However, we must first obtain your consent to contact you about your Account or Fortú Card because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission (FCC).

• Your consent is limited to this Account and Fortú Card, and as authorized by applicable law and regulations.

• Your consent does not authorize us to contact you for telemarketing purposes (unless you otherwise agreed elsewhere).

With the above understandings, you authorize us to contact you regarding your Account and/or Fortú Card throughout its existence using any telephone numbers or email addresses that you have previously provided to us or that you may subsequently provide to us.

This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voice mail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device.

If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us. To revoke the consent provided pursuant to this subsection, you must send ten (10) days’ prior written notice of such revocation to support@fortu.com.

Claim of Loss

If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your Account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen Fortú Card or access credentials or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.

Resolving Account Disputes

We may place an administrative hold on the funds in your Account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your Account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any transactions that are dishonored or returned as a consequence of placing a hold on funds in your Account for these reasons.

Unlawful Internet Gambling Notice

Restricted transactions as defined in Federal Reserve Regulation GG (more information here) are prohibited from being processed through this Account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.

Confidentiality and Our Privacy Policy

Your privacy is very important to us. Under this Agreement, we will generally only disclose information to third parties about your Account or the transactions you make: (1) to verify your identity and determine if we should open an Account for you or issue you a Fortú Card using services provided to us by third parties; (2) where it is necessary for completing a transaction; (3) to verify the existence and condition of your Account for a third party such as a credit bureau or merchant; (4) to comply with government agency or court orders; (5) as disclosed in our Privacy Policy; (6) to Fortú for it to market its products and services to you; and/or (7) if you give us your written permission to share your information.

Please refer to Bank’s privacy policy for more information about our privacy policy.

Services offered by Fortú, including the Mobile App, are subject to Fortú’s Privacy Policy. Please carefully review Fortú’s Privacy Policy for more information about its privacy policy. Bank neither is party to nor has control over your data provided or collected by Fortú in connection with its services.

Closing your Account

You can close your Account at any time and for any reason by submitting a request through the Mobile App or by contacting us by email at support@fortu.com. It is important to understand that simply reducing your Account balance to zero ($0) is not sufficient to close your Account. We reserve the right to refuse your request if you have a negative balance on your Account.

We may also suspend or close your Account at our discretion and for any reason with or without notice. This includes if we believe you are using your Account or Fortú Card for fraudulent or illegal purposes or in violation of law or regulation, this Agreement, any other agreement you may have with us or Fortú, or if you otherwise present undue risk to us or Fortú. We are not responsible to you for any damages you may suffer as a result of the closure or suspension of your Account.

Subject to applicable law, if your Account is closed, we will return your funds to you by ACH transfer to a linked bank account or by paper check. The closure of your Account or termination of this Agreement does not impact any right or obligation that arose prior to closure or termination, or any right or obligation that, by its nature, should survive termination.

Unclaimed Property

State escheat or unclaimed property laws require us to close your Account and transfer your money to the state if your Account is dormant for a period of time as defined by your state of residence. Your Account can become dormant if there is no transactional activity for a period of time specified by applicable state law or you do not communicate with us regarding your Account during such period. If your Account becomes dormant, you may no longer receive statements, but you can still view your Account through the Mobile App. If your funds are remitted or escheated to the state, you may be able to reclaim them by petitioning the state.

Contacting Us

You may contact us with any questions or concerns regarding your Account. The best way to contact us is by email at support@fortu.com or the Mobile App. You may also email us to report that your Fortú Card has been lost or stolen or do it via the app.

Limitations of Liability

EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY YOUR NEGLIGENCE, ACTS OR OMISSIONS OF THIRD PARTIES, MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF BANK, PROVIDED BANK EXERCISED SUCH DILIGENCE AS THE CIRCUMSTANCES REQUIRE. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE OR FORTÚ BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT, AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT. WE ARE NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS.

Disclaimer

ALL ACCOUNT FEATURES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND, WITH RESPECT TO THE MOBILE APP OR OTHER SERVICES PROVIDED BY FORTÚ, LACK OF VIRUSES RELATED TO SUCH MOBILE APP AND OTHER SERVICES.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold us and our officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement and applicable law; (3) any action or omission by you in violation of this Agreement or applicable law; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.

Additional Terms for Fortú Card

The Fortú Card. You will receive a Fortú Card with your Account. The Fortú Card is a debit card that allows you to access funds in your Account up to your available balance, subject to limits set forth in this Agreement. The Fortú Card will expire on the expiration date printed on the back the Fortú Card. As long as your Account is in good standing, we will send you a replacement Fortú Card as your expiration date nears. The Fortú Card is the property of Bank and must be surrendered upon demand. The Fortú Card is nontransferable, and it may be cancelled, repossessed, or revoked at any time without prior notice except where required by law. Not all services or features of your Fortú Card described in this Agreement are available to all persons or at all locations. Any offer of a service or feature of your Fortú Card in this Agreement will be deemed void where prohibited. Use of the Fortú Card is also subject to all applicable rules and customs of any payment network, clearing house, or other association involved in transactions in addition to this Agreement. The terms set forth in this section are in addition to any other terms in this Agreement applicable to the Fortú Card.

Activating Your Fortú Card. You must activate your Fortú Card by following the instructions that come with the Fortú Card before it can be used. You will also need to set up a Personal Identification Number (“PIN”). Do not write down your PIN or give your PIN number to anyone. You may be required to provide personal information to verify your identity to complete the activation process. You agree to sign the back of your Fortú Card immediately upon receipt.

Fortú Card Purchases. You may use your Fortú Card to make purchases using your PIN at any merchant with a point-of-sale (“POS”) device anywhere that displays the Mastercard, Visa Plus, Plus, Interlink, Maestro, MoneyPass, or Cirrus acceptance marks. You may also use your Fortú Card to make purchases without your PIN anywhere that Mastercard debit cards are accepted.

Split and Card-Not-Present Transactions. You can instruct a merchant to charge your Fortú Card for part of a purchase and pay any remaining amount with cash or another card. This is called a “split transaction.” Some merchants do not permit split transactions. If you wish to conduct a split transaction, you must tell the merchant the exact amount you would like charged to your Fortú Card. If you fail to inform the merchant you would like to complete a split transaction and you do not have sufficient available funds in your Account to cover the entire purchase amount, your Fortú Card is likely to be declined. You may make retail card purchases without presenting your Fortú Card by providing information from your Fortú Card, such as in transactions done by internet or telephone. Conducting transactions in this way has the same legal effect as if you used the plastic Fortú Card itself. For security reasons, the amount or number of such transactions you may make may be limited.

ATM and POS Withdrawals. With your PIN, you can use your Fortú Card to obtain cash from your Account up to your available Account balance at any ATM or any POS in the United States that displays the Mastercard, Visa Plus, Plus, Interlink, Maestro, MoneyPass, or Cirrus acceptance marks. Not all merchants will permit you to get cash back through their POS devices. If you use an ATM not owned by MoneyPass for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third-party fee amount assessed by the individual ATM operator only and is not assessed or controlled by us. This ATM fee amount will be charged to your Account.

Authorized Users. The Fortú Card is solely for your use and you may not request an additional card for another person. If you give anyone else access to your Fortú Card, we will treat any transaction they initiate as authorized by you and you will be responsible for all transactions and fees that occur.

Currency Conversion and Cross-Border Transaction Fees. If you effect a transaction with your Fortú Card in a currency other than US Dollars, Mastercard, will convert the charge into a US Dollar amount. The Mastercard currency conversion procedure includes use of either a government-mandated exchange rate, or a wholesale exchange rate selected by Mastercard. The exchange rate Mastercard uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your Account.

If you effect a transaction with your Fortú Card in a currency other than US Dollars, Mastercard® will convert the charge into a US Dollar amount. The Mastercard currency conversion procedure includes use of either a government-mandated exchange rate, or a wholesale exchange rate selected by Mastercard. The exchange rate Mastercard uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your Account.

Virtual Fortú Card. When you open an Account, you will also receive a virtual card (“Virtual Fortú Card”) represented by a 16-digit card number, a three-digit card verification value (“CVV”) number and an expiration date. The Virtual Fortú Card is separate from your physical Fortú Card and can be managed through the Mobile App. We will issue you a replacement Virtual Fortú Card when it expires. The Virtual Fortú Card accesses the available funds in your Account to make card-not-present transactions anywhere Mastercard debit cards are accepted in the same way as your physical Fortú Card. The Virtual Fortú Card can also be added to a digital wallet (see the subsection titled “Digital Wallet” below) in the same way as your physical Fortú Card. Your use of the Virtual Fortú Card is subject to the terms of this Agreement, including transaction limitations, to the same extent as your physical Fortú Card, and is referred to as Fortú Card.

Debit Holds. A temporary debit authorization hold affects your Account balance. On Fortú Card purchases, merchants may request a temporary hold on your Account for a specified sum of money or a preauthorization for the transaction, either of which may be more than the actual amount of your purchase. If you use your Fortú Card at a restaurant, hotel, or rental car company, we will place a hold in the amount of the preauthorization plus an additional 20% or more. If you use your Fortú Card at an automated fuel dispenser at a gas station (“pay at the pump”), we will place a hold of $75 or more. When this happens, our processing system cannot determine that the amount of the hold exceeds the actual amount of your purchase. This temporary hold, and the amount charged to your Account, will eventually be adjusted to the actual amount of your purchase, but it may be up to seven days for more transactions before the adjustment is made. For transactions at hotels, it may take up to thirty (30) days for the hold to be removed. For transactions at rental car companies, it may take up to sixty (60) days for the hold to be removed. Until the adjustment is made, the amount of funds in your Account available for other transactions will be reduced by the amount of the temporary hold or preauthorization. If another transaction is presented for payment in an amount greater than the funds left after the deduction of the temporary hold or preauthorization amount, that transaction will be a non-sufficient funds (NSF) transaction if we do not pay it or an overdraft transaction if we do pay it. You will be charged an NSF or overdraft fee according to our NSF or overdraft fee policy. You will be charged the fee even if you would have had sufficient funds in your Account if the amount of the hold had been equal to the amount of your purchase.

As an example, some merchants may request an authorization for the amount that they estimate you will spend and place a temporary hold for that amount. This estimated amount is likely to be different (either more or less) than the actual transaction amount. Typically, temporary holds are placed for up to three business days, but exact times may vary. If a temporary hold is placed, please note that it may impact your available balance by an amount either more or less than you expected until the transaction posts. We are not responsible for damages or losses of any type, including wrongful dishonor, for any transaction that is not authorized or that is returned unpaid because of a hold.
Advisory Against Illegal Use. You agree not to use your Fortú Card for illegal gambling or other illegal purposes. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

Return and Refunds. Please be aware of the merchant’s return policies before using your Fortú Card to make a purchase. Neither we nor Fortú is responsible for the delivery, quality, safety, legality or any other aspect of the goods or services you purchase using your Fortú Card. If you have a problem with a purchase that you made with your Fortú Card or if you have a dispute with the merchant, you must handle it directly with the merchant. If you are entitled to a refund for any reason for goods or services obtained using your Fortú Card, you agree to accept credits to your Fortú Card for the refund and agree to the refund policy of the merchant. The amounts credited to your Fortú Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.

Replacing Your Fortú Card. If you need to replace your Fortú Card for any reason, please contact us by email at support@fortu.com or contact us via the Mobile App. You will be required to provide personal information so that we may verify your identity before we will issue you a replacement Fortú Card. If you believe your Fortú Card has been lost or stolen, you may immediately disable your Fortú Card using the app. We may cancel any Fortú Card that has been disabled for sixty (60) calendar days or longer.

Mastercard and Other Benefits. Your Fortú Card may be eligible for certain benefits provided by Mastercard and our other third party service partners. For additional information, please visit our policies page here, Mastercard’s website, and check inside the benefits section of the Fortú app.

Suspension and Cancellation. We may refuse to issue, deactivate, revoke, suspend or cancel your Fortú Card at any time with or without notice to you, other than as required by law. This includes deactivating or canceling your Fortú Card if it has been lost or stolen to prevent unauthorized transactions. You agree not to use your Fortú Card once it has been deactivated, revoked, suspended or canceled. We may also limit your use of the Fortú Card, including limiting or prohibiting specific types of transactions. If you would like to cancel your Fortú Card, you may do so at any time by emailing us at support@fortu.com. The cancellation of your Fortú Card privileges will not otherwise affect your rights and obligations under this Agreement. You can also de-activate your Fortú Card(s) inside the Fortú app in the card tab by taping “lock” or “unlock”.

Using Your Fortú Card with a Digital Wallet. A digital wallet (“Wallet”) provides another way for you to make purchases with your Fortú Card. A digital wallet is a service provided by another company (such as Apple Pay, Google Pay, etc.) that allows you to use your Fortú Card to enter into transactions where the Wallet is accepted. A Wallet may not be accepted at all places where your Fortú Card is otherwise accepted, and your Fortú Card may not be eligible for all the features and functionalities of the Wallet. Any use of your Fortú Card in or through the Wallet continues to be subject to all terms and conditions of this Agreement. We may terminate your access to or use of your Fortú Card with a Wallet at any time and for any reason, including if you violate any of the terms or conditions of this Agreement. For more information, please review our Digital Wallet Agreement.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ARE WE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF A WALLET, YOUR USE OF THE FORTÚ CARD OR VIRTUAL FORTÚ CARD IN CONNECTION WITH A WALLET, OR A MOBILE DEVICE.

Fees

You agree to pay all fees and charges applicable to your Account and Fortú Card. All fee amounts will be withdrawn from your Account and will be assessed as long as your Account is open, except where prohibited by law. Any time your remaining balance is less than the fee amount being assessed, the balance of your Account will be applied to the fee amount resulting in a zero balance on your Account. Fees are subject to change at any time. We will provide you advance notice of any changes where required by law. Fortú may charge you fees separate and apart from the fees set forth herein. Please refer to any agreement you may have with Fortú for additional information on such fees. Bank is not responsible for any fees charged by Fortú for its services.

Fee DescriptionFee Amount/Frequency
ACH$0
Out-of-Network ATM$2.50 per transaction
In-Network ATM$0
Foreign Transaction Fee$0
Foreign ATM Transaction Fee$2.50 per transaction

The ATM operator or other third party may charge you a fee. You may also be charged fees for transactions, including balance inquiries, by the out-of-network ATM operator even if you do not complete a withdrawal. Such fees will be charged to your Account by the ATM operator, and we do not control these third-party fees.

Dispute Resolution

This Dispute Resolution provision (this “Dispute Resolution Provision”) sets forth the circumstances and procedures under which Claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. Neither you nor we will have the right to: (1) have a court or a jury decide the dispute; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action in court or in class arbitration; or (4) join or consolidate a claim with claims of any other persons. Arbitration procedures are simpler and more limited than rules applicable in court. The decision of the arbitrator is final and binding.

As used in this Dispute Resolution Provision, the term “Claim” means any claim, dispute, or controversy between you and Bank, Fortú, or any of their agents or retailers, arising from or relating to the Fortú Card, Account, or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Dispute Resolution Provision or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Fortú Card or Account, or the Fortú Cards of any additional cardholders designated by you; (ii) the amount of available funds in the Account; (iii) advertisements, promotions or oral or written statements related to the Account, goods or services purchased with the Fortú Card; (iv) the benefits and services related to the Account; and/or (v) your enrollment for any Fortú Card. We shall not elect to use arbitration under the Dispute Resolution Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court shall be pursued only in arbitration. As used in this Dispute Resolution Provision, the terms “we” and “us” shall for all purposes mean the Bank, Fortú, their respective wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Account (including, but not limited to merchants who accept the Fortú Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Dispute Resolution Provision, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Fortú Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders. “Claim” shall not include any services provided by Fortú pursuant to its terms of service, and any dispute related to the Fortú terms of service or services provided thereunder are to be governed by the Fortú terms of service.

NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. FURTHER, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT, SUBJECT TO THE SECTION TITLED EXCLUDED CLAIMS, OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA.

Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Dispute Resolution Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other account holders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

This Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Dispute Resolution Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

This Dispute Resolution Provision shall survive termination of your Account, this Agreement and any bankruptcy by you or us. If any portion of this Dispute Resolution Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Dispute Resolution Provision, this Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

Electronic Fund Transfers

Your Rights and Responsibilities

Your Account and Fortú Card allow you to withdraw funds up to the available balance or make deposits through electronic fund transfers (“EFTs”). EFTs are transactions that are processed by electronic means and include, among others, ACH transfers, debit card transactions, and ATM withdrawals. This section provides you with information and important disclosures and terms about the EFTs that are permitted on your Account or in connection with your Fortú Card. You may also receive additional services from Fortú, such as the ability to request EFTs to and from your Account through the Mobile App. Fortú is solely liable and responsible for the Mobile App and related services. Please refer to Fortú’s terms of service for additional terms and disclosures applicable to those services.

Types of EFTS Supported

Indicated below are types of Electronic Fund Transfers we are capable of handling in connection with your Account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.

Limitations on EFTs

There are limitations on the frequency and amount of transactions you can make to or from your Account. These limits are different for each type of transaction. For limits that apply to transactions that credit or deposit funds into your Account, please refer to the section titled “Deposits” above. For limits that apply to transactions that debit or withdraw from your Account, please refer to the section titled “Withdrawals” above. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, including protecting you and all other users of the service. These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and the protection of you and the integrity of the service and may be modified at our sole discretion without advance notice.

In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:

Fees

Please refer to the section titled “Fees” above for information on electronic fund transfers or direct deposits to or from the Account.

Business Day

Our business days are Monday through Friday, excluding federal holidays.

Documentation

Preauthorized Payments

Our Liability for Failure to Complete an EFT

If we do not complete a transfer to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  1. If, through no fault of ours, you do not have enough money in your Account to make the transfer.
  2. If you have an overdraft line and the transfer would go over the credit limit.
  3. If the automated teller machine where you are making the transfer does not have enough cash.
  4. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  5. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  6. Your Fortú Card has been frozen, revoked, canceled or suspended.
  7. Your Account is closed or inactive.
  8. If we do not complete a transaction because we or Fortú has reason to believe the transaction is unauthorized or illegal.
  9. If your funds are not available due to a hold or if your funds are subject to legal process.
  10. There may be other exceptions stated in our agreement with you or permitted by law.

Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your Fortú Card, PIN and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Emailing us at support@fortu.com or contacting us through the Mobile App is the best way of keeping your possible losses down. You could lose all the money in your Account (and any bank accounts you have linked through the Mobile App) if you take no action to notify us of the unauthorized electronic fund transfer or the loss or theft of your Fortú Card, PIN or your Mobile App login credentials. For unauthorized electronic fund transfers involving your Fortú Card, you will not be held responsible for unauthorized transactions if you have used reasonable care in protecting your Fortú Card, PIN and card number from loss or theft and you promptly report the loss or theft to us when you discover it. For all other unauthorized electronic fund transfers and where Mastercard’s Zero Liability protection does not apply, your liability will be as follows if you notify us of the loss: (1) if you tell us within two (2) business days after learning of the loss, theft or compromise of your Fortú Card, PIN or your Mobile App login credentials, you can lose no more than $50; (2) if you do NOT tell us within two (2) business days and we can prove that we could have prevented the loss had you contacted us, you could lose as much as $500.00; and (3) if your statement shows electronic fund transfers that you did not make and you do NOT contact us within sixty (60) days after the statement was made available to you, you may not get back any money lost after the sixty (60) days if we can prove that your contacting us would have prevent those losses. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.

Error Resolution Notice

In Case of Errors or Questions About Your Electronic Transfers, email us at support@fortu.com or contact us through the Mobile App as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number (if any).
  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  3. Tell us the dollar amount of the suspected error.

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new Account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new Account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new Account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Account. Your Account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established transaction Account with us before this account is opened.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

Fortú, Inc.
ATTN: ERROR RESOLUTION
936 SW 1st Avenue, #1012

Miami, FL 33130