Using the App

Overview. The App allows you to easily open a checking account through the Bank Services (your “Bank Account”) to withdraw cash at an ATM, or make purchases with the debit card associated with your Bank Account (your “Alza Debit Card”). You may also use the App to deposit check images into your Bank Account electronically, and to link other bank accounts you own to make deposits to your Bank Account. You may also use the App for peer-to-peer payments to transfer funds to other account holders within and outside of the App or to send remittances to family and friends abroad. 

Eligibility. By agreeing to these Terms, you are promising that: (a) you are at least 18 years old and legal contract age in the jurisdiction where you reside; (b) you have not previously been suspended, removed or deactivated from the App or an Alza Account; (c) residing in the United States; (d) you possess a mobile device that is compatible with the App; and (e) your use of the App is in compliance with any and all applicable laws and regulations. 

Creating And Securing Your Alza Account. To use the App, you need to create an Alza Account first. The information you provide to us when you apply for, and while you use your Alza Account must be true, accurate, and complete, and you agree to keep your Personal Data up-to-date at all times. Your right to access and use the App is personal to you, and you may not allow anyone else to access or use your Alza Account. You may only create one Alza Account. To create your Alza Account, you need to pick a username and a password. You are responsible for keeping your Alza Account username and your password a secret. You can change your email address or your phone number by logging into your Alza Account. If you lose your login or password, or you believe someone has accessed your Alza Account without your permission, you agree to notify us immediately by emailing support@alza.app. Unless otherwise required by applicable consumer protection laws, we are not responsible for any losses or damages you suffer from your failure to keep your Alza Account credentials safe.

Protecting your Privacy. It may be obvious, but the App may not be very useful to you if you do not provide us with certain Personal Data about you. To create an Alza Account and to use the App, you must agree to the terms of the Alza Privacy Policy, which allows us and certain of our service providers and partners (“Partners”) to use and maintain your Personal Data to enable the functionality of the App. We may also receive Personal Data about you from third parties with whom you have an account relationship and who you have authorized to share Personal Data with us. That said, your privacy is extremely important to us, and we want you to know that we are committed to protecting your Personal Data from unauthorized disclosure to others. For more information about how we collect and use Personal Data and other information we receive about you from third parties, see the Alza Privacy Policy.

Your Relationship with Alza.You hereby appoint Alza as your designated agent for purposes of these Terms. Among other things, you hereby expressly authorize Alza to: (a) perform services through the App; (b) maintain records of your Bank Account activity; (c) initiate activity on your Bank Account in accordance with your instructions; (d) make Bank Account activity information available to third parties (including Increase (as defined below)) necessary to provide the Bank Services and Banking API services to you; and (e) collect the information necessary to establish your Bank Account. Alza agrees to act in accordance with the date, instructions and directions entered by you on the App or through the Banking API service (as defined below).

Bank Account and Alza Debit Card. 

When you open an Alza Account, you will be eligible to apply for a checking account provided by your Banking Provider. If your application is accepted, you can use the App to access and manage your Bank Account and your Alza Debit Card, view your transaction history and other Bank Account information, perform certain transactions, and access various features of your Bank Account and Alza Debit Card. Alza’s Debit Card is offered by our processing partner Lithic. Banking API services are provided by Increase Technologies Inc. (“Increase” or “Banking API Provider”). Your use of the App to access your Bank Account features is governed by these Terms. However, the Bank Account, the Alza Debit Card and any transactions you make on your Bank Account or Alza Debit Card (including transactions you initiate through the App) are covered by the Banking Provider Agreements located at [https://increase.com/first-internet-bank-term], as well as the Increase Services Agreement and Increase Privacy Policy (“Banking API Provider Agreements”) located at [https://increase.com/increase-terms and https://increase.com/privacy]. 

Each time you use the App to access your Bank Account you are expressly authorizing Alza and your Banking Provider to act on the instructions we receive from you while you are logged in to your Alza Account, and any actions we take on your behalf based on the instructions we receive from you will have the same legal effect as instructions signed by you. We reserve the right to deny transactions or any other actions you authorize through the App if (a) you do not have enough available funds in your Bank Account to make a transfer or payment; (b) the App or your mobile device are not working properly; (c) we are unable to carry out your instructions due to circumstances beyond our control; (d) your Bank Account is subject to legal process or other lawful restrictions that prevent us from carrying out your instructions; (e) your instructions are incomplete or inaccurate, or you do not follow the procedures in this or any other agreement you have with us or your Banking Provider; (f) your login and password have been reported lost or stolen, if we canceled or disabled your login and password, or if we have disabled your Alza Account; or (g) we reasonably suspect that you or someone else is using or accessing your Alza Account or Bank Account for fraudulent or illegal purposes. Please review your Banking Provider Agreement for information about additional restrictions on use of your Bank Account.

Alza Goals Account. Your Alza Goals Account ("Goals Account") is a sub-account of your Bank Account that you can open to set aside funds to save toward one or more savings goals (“Alza Goals”). You can configure the goal amount and target date and track your progress through the App. Transfers into and out of your Goals Account are at your sole discretion. There are no limits to the number of transfers you may make to or from your Goals Account, and transfers between your Goals Account and your Bank Account are instantaneous. You may cancel an Alza Goal at any time, and we will automatically transfer the funds in your Goals Account to your Bank Account. Your Goals Account does not have the same features as your Bank Account. For example, there is no debit card connected to the Goals Account, no mobile check deposit capability, no ability to transfer funds from your Goals Account to another Alza User’s Bank Account, or to a Connected Account (as defined below), and you will not earn any interest on the funds in your Goals Account. Please read the Alza Funds Availability Disclosure for important information about the effect of your Goals Account on your Bank Account balance and your ability to fund transactions.

Peer-to-Peer (“P2P”) Payments. You can send money to or request money from another Alza User using the “Pay” and “Request” features in your App (“Alza P2P Payments”). Payments sent to you, sent by you, or requested from you by another Alza User using Alza P2P Payments (a) must be authorized by you or the other Alza User through the App before the payments can be completed, (b) settle instantly between your Bank Account and the other Alza User’s Bank Account after authorization through the App, and (c) cannot be reversed by you or the other Alza User once completed. If you receive a notification from an Alza User you do not recognize that the Alza User would like to send a payment to you or has requested a payment from you, you must decline the payment or ignore the request, and notify us immediately. We may, at our discretion, impose limits on the amount and/or the number of payments and requests you can send and receive. If you receive a P2P payment and we reverse the P2P Payment due to the other Alza User’s error, improper use of the Alza P2P Payments feature by you or by the other Alza User, or for any other reason in our discretion (a “Reversed Payment”), you are responsible for repayment of the full amount of the Reversed Payment you received, even if you do not have enough funds in your Bank Account to repay the full amount. Subject to applicable laws and the applicable terms of the Banking Provider Agreements, we may debit the amount of any Reversed Payment from the Bank Account of either the sender or the recipient of the Reversed Payment in our discretion. For example, if you send a payment from your Bank Account funded by a Connected Account (as defined below) and you have insufficient funds in the Connected Account to make the payment for any reason, you will owe us the amount of the Reversed Payment; or if you were the recipient of a Reversed Payment, you may not spend, and we may immediately debit the amount of the Reversed Payment from your Bank Account. To recover a Reversed Payment from you, we may (y) debit funds deposited in your Bank Account at any time after you receive the Reversed Payment, or (z) request that you add funds to your Bank Account for the amount of the Reversed Payment and apply those funds to the amounts you owe. You can identify a friend that has an Alza Account to make P2P transactions by sharing the QR code generated in the App, or by searching for your friend in the App. By using the App, you agree to share your username, name, preferred name, email address, telephone number or other registered contact information with other Alza Users, for this purpose. For more information on how we use your Personal Data with Alza P2P Payments, review our Privacy Policy.

Alza Global

You can also use your Bank Account to send money to family and friends in select countries (“Alza Global”). Alza Global is provided by our remittance partner, The Bancorp Bank via their service provider, Brightwell Payments, Inc. (“Global Provider”). Your use of Alza Global is subject to the Global Provider Agreement and the Global Provider Privacy Policy. The Global Provider Agreement will take precedence over these Terms if there are any conflicts between their terms. You can find a list of eligible countries and the applicable remittance and any other fees we or the Global Provider may charge. You may send money to a bank account, a debit card, a cash pickup location, or via other methods that we choose to support in the future (“Payout Methods”). Neither we nor the Global Provider provide the available Payout Methods, and the number of Payout Methods available to you will depend on the destination country and other factors. We cannot guarantee that all Payout Methods will be available to you, and we may change or stop offering a Payout Method at any time without notice to you. 

Our fees depend on the remittance amount, the currency you’re sending money to, and your Payment Method. Before you send money using Alza Global, we will always show you the transfer fee, the exchange rate, applicable taxes, and any other applicable fees, as well as the total amount in foreign currency that your recipient will receive. The foreign currency amount will not include any fees or taxes charged by the recipient’s bank or cash pick location, and your recipient may receive less than the amount shown on our fee disclosures. We may limit the amount you may send, we may decline your remittance request, and we may ask you for additional information before we allow you to use Alza Global.

After the Global Provider sends your money, we have no control over any delays caused by your recipient’s bank, cash pickup location, or other Payout Method. 

If your remittance is for consumer, family, or household purposes, you have the right to cancel your remittance for a full refund up to 30 minutes after sending the money. You must make sure to provide accurate information regarding the remittance when submitting your cancellation request. If you submit the cancellation on time, we will refund you the full amount of the remittance, including any fees and taxes you paid us. Once we have processed your remittance, it cannot be reversed (unless you cancel your remittance within the cancellation period, or as otherwise permitted by applicable law). We will not be liable to you for any losses you suffer that result from inaccurate or incomplete information provided by you. You also have a right to dispute any errors in your remittance for up to 180 days after the transaction by contacting support@alza.app. Please include your name and address, a description of the error, the recipient’s name, phone number, and address, the US dollar amount of the remittance, and the confirmation code on your receipt. We will reply within 90 days after we receive your message. You can also request a written explanation of your rights by contacting support@alza.app. You can access Alza Global receipts and track your remittances through the App.

For questions or complaints about Alza Global or the Global Provider that we are unable to resolve, as well as to view special rights you may have as a resident of certain states, see the Global Provider Agreement.

You may also contact the federal Consumer Financial Protection Bureau at:
855-411-2372
855-729-2372 (TTY/TDD)
www.consumerfinance.gov

Connected Accounts and Third-Party Account Information.  

Connected Accounts. To enable us to provide certain features of the App you may direct us to retrieve bank account transaction history and balance information from other bank accounts you own, and other information about you from accounts you maintain with other third parties (each, a “Connected Account”). When you connect a Connected Account to your Alza Account, you consent for one of our third-party service providers (“Service Providers”), such as Stripe, to use your Connected Account username and password to retrieve Connected Account information (“Connected Account Data”). For your security, we never see or store your Connected Account username and password. By connecting a Connected Account, you hereby grant us and our Service Providers a limited power of attorney, and you hereby appoint us and our Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access Connected Accounts and documents, retrieve Connected Account Data, and use your Connected Account Data with the full power and authority to do and perform each and any act and thing requisite and necessary to be done in connection with such activities, to the same extent and for the same purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR ONE OF OUR SERVICE PROVIDERS ACCESSES AND RETRIEVES CONNECTED ACCOUNT DATA, WE AND OUR SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF, OR ON BEHALF OF THE CONNECTED ACCOUNT PROVIDER.

We are not responsible for the products and services provided to you by any Connected Account provider, or for the timeliness, accuracy, deletion, non-delivery or failure to store any transaction data, communications, personalization settings, or other Connected Account Data. For example, when displayed through the App, Connected Account Data is only as fresh as the time shown, which reflects when the Connected Account Data is obtained from the Connected Account provider. Such information may be more up-to-date when obtained directly from the Connected Account provider. You can refresh your Connected Account Data by following the instructions in your Alza Account. We do not review or verify any Connected Account Data we receive, and we are not responsible for any losses, damages, or costs you incur due to any inaccuracies in Connected Account Data. We also may not be able to foresee or prevent technical difficulties or service interruptions that result in our failure to obtain, or for loss of Connected Account Data.

Third-Party Websites. We may provide links through the App to educational materials, webinars, and promotions on Facebook®, Instagram®, Twitter® and LinkedIn® and other social media platforms that enable sharing and collaboration among other Users and our Partners. If you share any Personal Data, pictures, opinions, or any other content on those third-party services, you do so at your own risk, and your use of those third-party services is subject to the terms of use and privacy policies of those services, and not ours. You should review those documents to better understand your rights, and the manner in which those third-party services use your Personal Data.

Prohibited Uses; Closing Your Alza Account; Effect of Termination. 

Prohibited Uses. You may only use the App for lawful purposes. You are not allowed to access the App other than with your username and password using the mobile device associated with the phone number you provided us when you created your Alza Account, and you must follow all of the instructions we provide to you. We may suspend your access to the App or close your Alza Account if: (a) we suspect you are committing fraud or are engaging in illegal activity, (b) you violate the terms of the Banking Provider Agreements, or any of these Terms; (c) you act abusively to us, your Banking Provider or to other Users; (d) we believe we are required to do so by law, or if we are ordered to do so by a regulatory authority; (e) you use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithms or methodology to access, acquire, copy or monitor the App or any portion of the App; (f) you post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the App; (g) you attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the App; (h) you access or use the App in a way that may infringe upon the trademark, copyright, privacy, or publicity rights or any other intellectual property or other rights of any third party; or (i) for any other reason or no reason, at any time. Card transactions with casinos, betting or gambling establishments, escort services and dating services are not currently permitted and those transactions may be dishonored.

Closing your Alza Account. While we certainly hope that you will find great value in the App and remain part of the Alza community, we won’t make it hard on you if you decide to move on.  To close your Alza Account, please email support@alza.app from the email address you have registered with us.

Effect of Alza Account Termination. IMPORTANT: IF WE OR YOU CLOSE OR TERMINATE YOUR ALZA ACCOUNT, YOU MAY NO LONGER BE ELIGIBLE TO MAKE DIRECT DEPOSITS INTO YOUR BANK ACCOUNT, OR USE ANY OF THE OTHER APP FEATURES. UPON ANY TERMINATION OR SUSPENSION OF YOUR ALZA ACCOUNT, ANY INFORMATION THAT YOU HAVE SUBMITTED, UPLOADED OR OTHERWISE MADE AVAILABLE ON, TO OR THROUGH THE APP OR THAT WHICH IS RELATED TO YOUR ALZA ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. YOUR BANKING PROVIDER WILL ALSO INITIATE CLOSURE OF YOUR BANK ACCOUNT AS SET FORTH IN YOUR BANKING AGREEMENTS WITHIN 30 DAYS AFTER WE CLOSE YOUR ALZA ACCOUNT. DURING THIS PERIOD, YOU MAY CONTINUE TO HAVE ACCESS TO YOUR BANK ACCOUNT THROUGH THE APP UNTIL YOUR BANKING PROVIDER HAS CLOSED THE BANK ACCOUNT. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. Alza is not liable to you or any third party for termination of your Alza Account. Except as may be required by applicable law or as provided in the Alza Privacy Policy, Alza will have no obligation to store or maintain any account information stored in our database or to forward any information to you or any third party.

Use of the App With Your Mobile Device.  Use of the App is only available to you through a compatible mobile device, and requires you to download, install, and maintain the App. You agree that you are solely responsible for ensuring your mobile device is compatible with the App and for maintaining the App, including any applicable changes and updates to the App, and for complying with the terms of your agreement with your mobile device and telecommunications provider. WE MAKE NO EXPRESS, STATUTORY OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO: (A) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE APP AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (C) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE APP.

Consent to Electronic Notices and Doing Business Electronically. 

Consent to Receive Electronic Notices. We can only provide the App and communicate with you electronically via email, through in-app notifications, or via SMS to your mobile device, but we are required by law to get your consent to receive notices from us (“Notices”) electronically first. This section describes your rights regarding electronic Notices from us. We may send you automated and voluntary Notices, your Alza Account and your use of the App, and your Bank Account on behalf of your Banking Provider. You can choose the types of Notices, and the methods we use to notify you through your Alza Account settings. You can change your preferences or disable certain types of Notices at any time, but if you wish to disable all types of Notices, we will not be able to provide an Alza Account to you. We may add new Notice methods or discontinue provision of electronic Notices at any time in our sole discretion. Any Notice we send you will be deemed to have been received by you no later than 5 business days after we send the Notice to you, whether or not you received the Notice. A Notice is considered to be sent according to the time stamp on Alza’s servers indicating the Notice was sent to your preferred Notice method. You agree that these are reasonable procedures for sending and receiving electronic Notices.

Consent to Receive SMS Messages and Mobile Phone Calls. You consent to receive SMS messages and prerecorded and artificial voice and autodialed telephone calls from us, our agents, representatives, affiliates, or anyone communicating on our behalf at the mobile number you provided in your Alza Account with service-related information, questions about your use of the App, or Alza marketing information. You promise that the mobile phone number you provided us belongs to you and not someone else, and that you are permitted to receive calls and text messages at that mobile phone number. You agree to notify us immediately via email or through the App if you stop using your mobile phone number. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you. You agree that we may communicate with you via SMS or mobile phone even if you incur costs to receive such phone messages, text messages, emails, or other means.

Delays or Errors. You understand that the Notices we provide you through your Alza Account may be delayed or prevented due to circumstances beyond our control. We will do our best to provide Notices to you in a timely manner and with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any Notices. We are not liable to you, any Connected Account provider, your Banking Provider, our Partners and service providers or to anyone else due to any delays, failure to deliver, or misdirected delivery of any Notices, or for any errors in the content of a Notice; or for any actions taken or not taken by you or any other person in reliance on a Notice. We will never include your password in any Notices we provide. However, Notices from us may include your username and information about your Alza Account, your Bank Account or your Alza Debit Card. Depending upon the Notice method you select, information such as your Bank Account balance may be included and may be visible to anyone who has access to that Notice method. If you choose to receive Notices from us via text message, your mobile service provider may charge you standard text messaging fees.

Withdrawing Consent to Receive Electronic Notices. You may withdraw your consent to receive Notices electronically by contacting us at support@alza.app or +1 (888) 828-0881 [toll free] for English or +1 (888) 838-1883 [toll free] for Spanish. If you withdraw your consent, we reserve the right to limit or close your Alza Account, and the legal validity and enforceability of prior Notices. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process it.

If you wish only to withdraw your consent to have Notices provided via SMS, you may opt-out of receiving SMS from us by replying 'STOP' to any message you receive from us. Upon receipt of your 'STOP' message, we will send you an SMS message to confirm that you have been unsubscribed. At that point, you will no longer receive any further SMS messages from Alza. If you need any assistance, email us at support@alza.app.

Intellectual Property Rights.

Alza Materials; Feedback. The text, graphics, images, logos, button icons, photographs, editorial content, notices, software and other materials we provide you, including the manner in which we arrange or present them to you (the “Alza Materials”) are protected under both United States and other applicable copyright, trademark and other laws. The Alza Materials belong to Alza or are licensed to Alza by our Partners. We grant you the right to view and use the Alza Materials, but we or our partners retain ownership of the Alza Materials at all times. You may download or print a copy of the Alza Materials for personal, non-commercial use only. Any distribution, reprint or electronic reproduction of any Alza Materials in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Alza Materials in a manner that violates any applicable law or these Terms. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the App (“Feedback”), then you hereby grant Alza an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the App and create other products and services.

Our Rights to Content You Provide. As an Alza User, we may allow you to post content on bulletin boards, blogs, social media, and various other publicly available locations on the App. These forums may be hosted by Alza or by one of our third-party service providers on our behalf. You agree in posting content to follow certain rules. You are responsible for all content (“Content”) you submit, upload, post or store through the App. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. We are not responsible for the Content or data you submit through the App. By submitting Content to us, you represent that you have all necessary rights to the Content and you are granting us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the Content in connection with marketing, promotions, and for any other business purpose related to the App. We may redistribute part or all of and derivative works from your Content in any media formats and through any media channels we choose. You also hereby grant each Alza User a non-exclusive license to access your posted content through the App, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to enable the functionality of the App. You agree not to use, nor permit any third party to use, the App to: (a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; (b) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; (c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or (d) interfere with other Alza Users’ use of the App. You are posting Content to the App voluntarily, and posting Content does not create an employee relationship between you and Alza. You may not copy or use personal identifying or contact information about other Alza Users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to Alza Users through the App are prohibited. 

No Warranties, Limitation of Liability and Indemnification

No Warranties. Your access to and use of the App may be interrupted due to malfunction of your or our equipment, software updates and maintenance, and other actions that Alza, in its discretion, may elect to take from time to time for any reason. We will not be liable to you or anyone else for any loss, cost, or damage that result from any scheduled or unscheduled downtime, or your inability to access the App. Your sole and exclusive remedy for any failure or non-performance of the App, will be for Alza to use commercially reasonable efforts to restart, reconnect or repair the applicable Services. WE MAKE NO WARRANTIES TO YOU ABOUT YOUR ALZA ACCOUNT OR THE APP. EXCEPT AS EXPRESSLY DESCRIBED IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER TO YOU REGARDING YOUR ALZA ACCOUNT AND YOUR USE OF THE APP. THE APP IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT WE DO NOT GUARANTEE THAT THE APP WILL ALWAYS BE AVAILABLE FOR YOU TO USE, OR THAT THE TRANSACTION INFORMATION YOU SEE IN YOUR ALZA ACCOUNT IS ACCURATE OR UP-TO-DATE.

LIMITATION OF LIABILITY. OUR LIABILITY TO YOU IS LIMITED. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ALZA, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, OR ALZA PARTNERS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOST PROFITS OR DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE LEGAL THEORY OR OTHER DAMAGES ARISING OUT OF (A) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE APP, (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE DESCRIBED OR PROVIDED TO YOU, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (D) ANY OTHER MATTER RELATING TO THE APP DESCRIBED OR PROVIDED TO YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE APP OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ALZA, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS, OR ALZA PARTNERS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT WILL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).

INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ALZA, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, SUITS, PROCEEDINGS, LOSSES, LIABILITIES, ATTORNEY’S FEES, AND ALL RELATED EXPENSES, WHETHER IN TORT, CONTRACT, OR OTHERWISE, THAT ARISE OUT OF, RELATE TO, OR ARE ATTRIBUTABLE, IN WHOLE OR IN PART, TO YOUR BREACH OF THESE TERMS OR ANY ACTIVITY BY YOU RELATED TO YOUR USE OF THE APP.

Additional Terms.

General. These Terms, together with the Alza Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Alza regarding your use of and access to the App, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Governing Law. These Terms and any disputes about these Terms will be governed by New York law or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within the state of New York, without regard to its choice of law or conflicts of law principles that would require application of the law of a different jurisdiction.

Severability. Unless any other provision of these Terms state otherwise, and to the extent not prohibited by applicable law, if any court or regulatory authority finds that any part of these Terms is invalid or unenforceable, that finding will not affect the validity or enforceability of the rest of the Terms.

Assignment. Except when prohibited by law, we may assign your Alza Account and our rights under these Terms in whole or in part to a third party without your permission, and the entity to whom we sell, transfer or assign your Alza Account and these Terms will take our place. This means that if we merge with another company or sell the company, these Terms will still apply to you. These Terms apply only to you, and you may not transfer your Alza Account to anyone else.

Waiver of Rights; Delay in Enforcement. If we do not enforce, or if we delay enforcing any of our rights under these Terms, we will not lose those rights. We may also decide to waive one or more of our rights without Notice to you, but doing so does not waive our right to enforce those rights at a later date. 

Terms That Will Survive After These Terms are Terminated. Some of these Terms will remain in effect even after you have stopped using the App and have closed your Alza Account. These terms include Section 8 (Intellectual Property), Section 10.2 (Governing Law), Section 10.3 (Severability), Section 10.5 (Waiver of Rights; Delay in Enforcement), this Section 10.6, and Section 11 (Arbitration; Jury Trial and Class Action Waiver).

Modification of these Terms. We reserve the right to change these Terms at any time, or to temporarily or permanently discontinue the App with or without notice to you. We also reserve the right to change the features of the App at our discretion. We will notify you of any changes to the Terms via email or through your Alza Account, and the Terms will always indicate the date the Terms were last revised. If you don’t like the changes we make, you should stop using the App and close your Alza Account. By continuing to use the App after we notify you of any changes to these Terms, (a) you are letting us know that you agree to the changes, in the same manner as you did when you first agreed to these Terms; and (b) we will not be liable to you or anyone else for any modification, suspensions, or discontinuance of the App.

Contact Information. If you have any questions regarding the App, your Alza Account or these Terms please email us at support@alza.app or +1 (888) 828-0881 [toll free] for English or +1 (888) 838-1883 [toll free] for Spanish

Arbitration; Jury Trial and Class Action Waiver.

This Section 10 constitutes your agreement to arbitrate (“Arbitration Agreement”) all disputes arising under or in connection with these Terms and your relationship with us (collectively, a “Claims”). This includes Claims made by us against you, by you or anyone connected to you against us or any of our subsidiaries, affiliates, agents, employees, predecessors, successors, or assignees. Arbitration is often used to resolve Claims more efficiently than a trial, particularly where the amount of the Claims is small (lawyers are expensive!) YOU ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATIONS WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM.

All Claims will be decided finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to you or to us. You can obtain copies of the AAA rule and forms by contacting AAA at 1-800-778-7879 or www.adr.org. Any arbitration hearing that you attend will take place in the federal judicial district where you reside as of the date you execute this Arbitration Agreement. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law.

The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s Claims. The arbitrator’s decision and judgment criteria will not have a precedential or collateral estoppel effect on Claims asserted by any individual or entity who was not party to the arbitration. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). This Arbitration Agreement will be governed by the FAA. If a court or arbitrator decides that this Arbitration Agreement cannot be enforced as to a particular Claim for relief, then that Claim (and only that Claim) must be severed from the arbitration and may be brought in court. Individual Claims filed in small claims court are not subject to this Arbitration Agreement as long as the Claim remains in small claims court. The arbitrator alone will have the authority to interpret the scope and enforceability of this Arbitration Agreement, except that any Claim concerning the scope or enforceability of the prohibition on class, collective, or representative Claims, or Claims in arbitration for public injunctive relief, will be resolved by the state and federal courts in city and county of San Francisco, California in accordance with California law.

ARBITRATION OPT-OUT: YOU MAY OPT OUT OF RESOLVING DISPUTES BY ARBITRATION BY EMAILING US AT SUPPORT@ALZA.APP WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS, AND TELLING US YOU WOULD LIKE TO OPT OUT OF MANDATORY ARBITRATION. YOU MUST INCLUDE YOUR FIRST AND LAST NAME, YOUR MAILING ADDRESS, YOUR EMAIL, AND YOUR MOBILE PHONE NUMBER IN THE EMAIL.

Apple Store Terms and Conditions. If you downloaded the App from the Apple App Store, the following terms also apply to you:

Acknowledgement: You acknowledge that these Terms are between you and Alza only, and not with Apple; and Alza, not Apple, is solely responsible for the App and the content thereof.

Scope of License: The license granted to you for the App is a limited, non-transferable license to use the App on a Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.

Maintenance and Support: Alza and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty: Alza is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Alza’s sole responsibility.

Product Claims: Alza, not Apple, is responsible for addressing any Alza User or third party claims relating to the App or the Alza User’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Alza, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Contact Info: Email any questions, complaints or claims to support@alza.app or +1 (888) 828-0881 [toll free] for English or +1 (888) 838-1883 [toll free] for Spanish

Third-Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the App.

Third-Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Your Increase Account

Increase Account Types

You may open a Consumer Increase Account if:

You may open a Business Increase Account if:

Increase Account Conditions

You may designate authorized persons to conduct activity within your Increase Account. We will treat each designated person as authorized to access and use your Increase Account until we receive written notice in an acceptable form. We may require you to give us separate written authorization telling us who is authorized to act on your behalf. You agree to notify us promptly in writing of any change in your form of organization or ownership or in the authority of any person with respect to your Business Increase Account.

We collect information about you and, if applicable, your business to help us and the Bank conduct identity verification. Your Increase Account functionality will be limited until you have submitted, and we and the Bank have reviewed and approved, all required information. The information you provide at the time your Increase Account is created must be accurate and up to date while you have an Increase Account. We may suspend or terminate your Increase Account if you provide inaccurate information or fail to update your information.

You may use your Increase Account only for lawful and legitimate purposes. You are responsible for following the laws, rules, regulations, and guidance that apply to where you use the Increase Services.

You may not:

Increase Partners may restrict your ability to disconnect your Platform Increase Account and Bank Account from the Partner Application in accordance with the Partner Agreement. Please contact the Increase Partner who created your Platform Increase Account with any customer support questions. Some Increase Partners may give you access to directly manage your Increase Account through our Dashboard.

You may send an email to our support team at support@increase.com if the Increase Partner is unresponsive or unable to solve your issue adequately or if you opened your Increase Account directly with us.

If you want to terminate your Increase Account, please contact (A) your Increase Partner that set up your Platform Increase Account, or (B) to us if you have a Direct Increase Account.

Your Increase Partner may give you direct access to your Increase Account through the Dashboard. You may also have direct access to your Increase Account because you set up your account directly with us. In any case, you are fully responsible for managing the access methods for your Increase Account, including by keeping your authentication credentials a secret. You are responsible for all activity conducted using your Increase Account whether or not you authorized the activity.

The Bank may be legally required to deem your funds abandoned after a certain period of Bank Account inactivity. In those cases, we will terminate your Increase Account and, if required by law, attempt to notify you. The Bank will escheat any remaining funds in your Bank Account if you fail to respond to the notice. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator. You will remain liable for all outstanding obligations under this Increase Agreement related to your Increase Account prior to closure.

You may be required to pay a fee to access the Increase Services through an Increase Partner Service. This fee will be explained to you in your Partner Agreement and the Increase Partner’s fees may include our fees. You may be required to pay a fee directly to us if you have a Direct Increase Account. Our fees are posted on our fee schedule. We may deduct from your Bank Account balance both our fees and, if applicable, the Increase Partner Services fees specified to us by the Increase Partner. Please contact us if you believe that fees have been incorrectly deducted, or that your Increase Partner has not properly disclosed its fees to you. You agree that we may set off the funds in any Bank Account owned by you against any money that any entity in your Group owes Increase.

Data Use

Term and Termination

This Increase Agreement is effective on the date you first access or use the Increase Services and continues until terminated by you or us. We may terminate this Increase Agreement or close your Increase Account at any time for any reason as permitted under applicable law. We may suspend your Increase Account and your ability to access funds in your Bank Account, or terminate this Agreement, if (a) we determine in our sole discretion that you are ineligible for the Increase Services or the Bank Services because of significant fraud or credit risk, or any other risks; (b) you use the Increase Services or the Bank Services in a prohibited manner or otherwise do not comply with any of the provisions of this Increase Agreement; (c) any law or financial partner requires us to do so; or (d) we are otherwise entitled to do so under this Agreement.

Termination does not immediately relieve you of obligations incurred by you under this Increase Agreement. If you terminate this Increase Agreement, we will pay out any remaining funds owed to you in accordance with this Increase Agreement.

Power of Attorney

Modifications to the Increase Services or the Bank Services

Agreement Modifications

Rules Governing The Agreement

Indemnification

Limitation of our Liability to You

Dispute Resolution by Binding Arbitration

You and we agree that any and all past, present and future dispute, claims, or causes of action arising out of or relating to your use of any of the Increase Services, this Agreement, or any other controversies or disputes between you and Increase or any of their respective affiliates, licensors, distributors, suppliers or agents, whether arising prior to or after you agreed to this Agreement (collectively, “Dispute(s)”), shall be determined by arbitration, unless (a) you opt out as provided in Section 12.3 below; or (b) your Dispute is subject to an exception to this agreement to arbitrate set forth in Section 12.7. You and we further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.

We want to address your concerns without the need for a formal legal dispute. Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting us. Similarly, we will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a Dispute is not resolved within 30 days after the email noting the Dispute is sent, you or we may initiate an arbitration proceeding as described below.

You may opt out of this arbitration provision by sending a written notice to customer support within thirty (30) days after first accepting this Increase Agreement. You must date the written notice, and include your first and last name, address, and a clear statement that you do not wish to resolve disputes with the Increase through arbitration. Except for the exceptions in Section 12.7 below, you knowingly and intentionally waive your right to litigate any Dispute if you do not submit notice before the 30-day deadline. You may continue to use the Increase Services if you opt out of the agreement to arbitrate after which no party to this Agreement may invoke the mutual agreement to arbitrate in this Section 12.

You and we agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought (“AAA Rules”). Those rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

Regardless of the rules of a given arbitration forum, you and we agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor we may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration ”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Increase will be deemed a Collective Arbitration if (a) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (b) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently ” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU, WE SHALL NOT BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHALLENGE TO THE VALIDITY OF THIS SECTION 12 SHALL BE DETERMINED EXCLUSIVELY BY THE ARBITRATOR.

Notwithstanding your and our right to arbitrate Disputes, you and we retain the following rights: you, and we each retain the right (a) to bring an individual action in small claims court; and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Except as otherwise required by applicable law, in the event that this arbitration provision is found not to apply to you or your Dispute, you, the Bank and we agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Delaware. You and we consent to venue and personal jurisdiction there. We all agree to waive our right to a jury trial.

This Section 12 “Dispute Resolution By Arbitration” shall survive the termination or expiration of these Terms. If a court decides that any part of this Section 12 is invalid or unenforceable, then the remaining portions of this Section 12 will nevertheless remain valid and in force. In the event that a court finds that all or any portion of Section 12.6 “Class Action and Collective Arbitration Waiver” to be invalid or unenforceable, then the entirety of this Section 12 “Dispute Resolution By Arbitration” shall be deemed void and any remaining Dispute must be litigated in court.

Intellectual Property

You may use the API after you create an Increase Account and for the purpose you describe to Increase when you enroll in the Increase Service. You may use the API to develop, test, and operate an Application, including a mobile application, website, platform, or service. Your integration must comply with Increase’s Documentation, including technical documentation, usage guidelines, call volume limits, and the documentation located here. You may display the data created by your use of the Increase Services and the Bank Services as permitted by this Agreement or applicable law. We update the API and Documentation from time to time, and may add or remove functionality. We will notify you if we make changes that materially impact the Increase Services.

We will provide you with API Credentials that allow you to access and use the API. The API Credentials are our confidential information. You may not sell, transfer, sublicense, or disclose your API Credentials or other Increase credentials to any third party, other than a service provider performing services on your behalf. You are responsible for the security of your API Credentials and you are liable for any actions performed using your API Credentials or other Increase credentials. Increase may revoke your API Credentials for any reason in Increase’s sole discretion upon notice to you.

Increase owns all rights, interest, and title in and to the Increase IP, including the intellectual property in the Increase Services, the API, the Dashboard, and any associated Increase documentation (including without limitation any patents, copyrights, rights of publicity, trademarks, logos, designs, trade dress, and trade secrets). You are granted a non-exclusive and non-transferable license to electronically access and use the Increase IP only in the manner described in this Increase Agreement. You may need to agree to additional terms if new Increase IP becomes available. You may not use the Increase IP, including any Increase logos or marks, without our prior written permission. All rights in the Increase IP not expressly granted to you in this Increase Agreement are reserved. You shall not and shall not allow any third party to use your Increase Account to: (a) claim or register any Increase IP on your behalf or on behalf of others; (b) import or export any portion of the Increase IP to a person or country in violation of export control laws; (c) copy, reproduce, post, transmit, resell or distribute the Increase IP or any content or data obtained through the Increase Services or our website; (d) access or attempt to access non-public Increase information; (e) hack or develop workarounds to any technical limitations placed on your Increase Account by Increase or an Increase Partner; (f) reverse engineer the Increase IP; (g) engage in any activity that would interfere with or affect Increase’s ability to provide the Increase Services, including sending an unreasonably large number of requests in quick succession to the API; or (h) attempt any of the foregoing. We may publicly refer to you as an Increase user during the term of this Increase Agreement.

We may use any Feedback you provide us about the API and the Increase Services without any obligation to you. You grant Increase all rights, title, and ownership to the Feedback. You will not acquire any rights or licenses to the Increase IP if you provide Feedback to us.

Confidential Information is any non-public information we communicate to you which is marked or declared as “Confidential” or “Proprietary” or if not so marked or declared, should be reasonably understood from the context of disclosure or from the information itself, to be confidential. Confidential Information also includes: (a) Increase user data and any other data that you access via the API; and (b) API Credentials and any other Increase credential information, including passwords and PINs. You must maintain the confidentiality of Confidential Information and not use it for any purpose other than solely as required and necessary to perform your obligations under this Increase Agreement. In the event that Confidential Information is required to be disclosed by a court, government agency, regulatory requirement, or similar disclosure requirement, you must immediately notify Increase. Your obligation to maintain the confidentiality of Confidential Information will survive the termination of this Increase Agreement.

Disclaimers

Force Majeure

Waiver

Notices

Bank Agreements

Contact Us

Phone Communications and Recording

Credit Verification and Reporting