fortú

Digital Wallet Agreement

DIGITAL WALLET AGREEMENT

Effective April 29, 2021

IMPORTANT - PLEASE READ CAREFULLY AND RETAIN THIS AGREEMENT FOR YOUR RECORDS.

This Digital Wallet Agreement is an addendum to the Fortú Account Agreement (the “Account Agreement”) entered into by you and Fortú, Inc. (“Fortú”), in partnership with LendingClub Bank N.A., a federally chartered savings association and Member of the Federal Deposit Insurance Corporation (“Bank”), and sets forth the terms and conditions which govern your use of any card (“Card”) issued by Bank and serviced by Fortú when you attempt to add, add, or keep a Card in a digital wallet (“Wallet”). You agree that this Digital Wallet Agreement is incorporated into and made a part of the Account Agreement, the terms and provisions of which, except as expressly modified in this Digital Wallet Agreement, are hereby affirmed and ratified by you and remain in full force and effect.

For the purposes of this Digital Wallet Agreement, “you” and “your” refers to the customer who owns an Account and has agreed to this Digital Wallet Agreement. “We” and “our” refers to Fortú, the Bank, and our respective successors, affiliates, or assignees.

A. USING A CARD IN THE WALLET

  1. You can add an eligible Card to the Wallet by following the instructions of the third party provider of the Wallet (the “Wallet Provider”).
  2. If your Card or underlying account is not in good standing, that Card will be ineligible to enroll in the Wallet. We also may (in our sole discretion) not add a Card to the Wallet if we cannot authenticate the Card or if we otherwise suspect that there may be fraud associated with the Card or underlying account.
  3. When you add a Card to the Wallet, the Wallet allows you to make purchases using the Card where the Wallet is accepted. However, the Wallet may not be accepted at all places where your Card is accepted.

B. APPLICABLE FEES

  1. We do not charge you any fees for adding a Card to the Wallet.
  2. The Wallet Provider or other third parties, such as wireless companies or data service providers, may charge you service fees in connection with your use of the Wallet and mobile device.

C. WE ARE NOT RESPONSIBLE FOR THE WALLET

  1. We are not the Wallet Provider and are not responsible for (a) its use and function; (b) any failure of the Wallet or your inability to use a Wallet for any transaction; (c) any loss, injury, or inconvenience you suffer as a result of a merchant refusing to accept the Wallet; (d) if there is a security breach affecting any information stored in the Wallet or sent from the Wallet. We are only responsible for the Card and for supplying information securely to the Wallet Provider to allow usage of the Card in the Wallet.
  2. If you have questions concerning the Wallet or problems with the Wallet, you should contact the Wallet Provider.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY DIGITAL WALLET IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DIGITAL WALLET IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY DIGITAL WALLET, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY DIGITAL WALLET, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A DIGITAL WALLET WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A DIGITAL WALLET WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN A DIGITAL WALLET WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, ANY OF OUR AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.

D. YOUR RESPONSIBILITIES TO KEEP YOUR CARD SECURE AND NOTIFY US OF FRAUD

  1. You agree to protect and keep confidential your user ID, passwords, passcodes, and all other credentials required for you to make purchases with your Card using the Wallet. If you share these credentials with others, they may be able to access your Wallet and make purchases with your Card.
  2. If you believe there are errors or if you suspect fraud with your Card, you must contact us promptly. We will resolve any potential error or fraudulent purchase in accordance with the Account Agreement. We will not be liable for any losses you incur except as specifically described in the Account Agreement or as otherwise provided by law.

E. REMOVING YOUR CARD FROM THE WALLET

  1. You should contact the Wallet Provider for instructions on how to remove a Card from the Wallet.
  2. We can (in our sole discretion): (A) block you from adding an otherwise eligible Card to the Wallet, (B) suspend your ability to use a Card to make purchases using the Wallet, or (C) cancel your ability to continue to use a Card in the Wallet. We may take these actions (in our sole discretion) at any time and for any reason, such as if we suspect fraud with your Card, if you have a negative balance on your Card account, if applicable laws change, or if directed to do so by the Wallet Provider or applicable card network.

F. PRIVACY

  1. We are committed to respecting the privacy of your information and we will not share your information in a manner inconsistent with our Privacy Policy. We will treat all personally identifiable financial information we obtain as a result of your use of the Wallet consistent with the terms of our Privacy Policy.
  2. You agree that we may share your information with the Wallet Provider, a payment network, and others in order to provide the services you have requested, to improve our ability to offer these services, and to make information available to you about your Card transactions.
  3. We do not control the privacy and security of your information held by the Wallet Provider as that is governed by the Wallet Provider’s own policies.

G. CONTACTING YOU ELECTRONICALLY

  1. You consent to receive electronic communications and disclosures from us, including emails to the email address you have provided in connection with your Card account.
  2. You agree to update your contact information with us when it changes.

H. ENDING OR CHANGING THESE TERMS

  1. We may amend or change the Digital Wallet Agreement from time to time, in our sole discretion, by sending you notice by electronic mail or by posting the updated terms on the Fortú website or our mobile application.
  2. You agree to any such changes by continuing to keep a Card in the Wallet. If you do not accept a change to the Digital Wallet Agreement, you must remove all Cards from all Wallets.

I. QUESTIONS

  1. If you have any questions, disputes, or complaints about the Wallet, you should contact the Wallet Provider.
  2. If you have any questions, disputes, or complaints about the Card, you should contact our Customer Service by referring to the contact information in your Account Agreement.