Below is a summary of fees and key terms for Netspend Earned Wage Access. (Each capitalized term is defined in these Terms of Service.)
PLEASE CAREFULLY READ THIS SUMMARY AND THESE TERMS OF SERVICEAND KEEP A COPY OF THIS DOCUMENT FOR YOUR RECORDS.
Effective Date: March 4, 2026
These Terms of Service include the following main parts and agreements:
You understand that Netspend's Privacy Notice and the E-Sign Agreement are separate documents, but that as part of your agreement with these Terms of Service, you agree to the terms and conditions of Netspend's Privacy Notice, here: https://www.rainapp.com/terms/netspend/privacy-notice, and you agree to the terms and conditions of the E-Sign Agreement, here: https://www.rainapp.com/terms/netspend/esign.
IMPORTANT INFORMATION WILL BE PROVIDED TO YOU IN ELECTRONIC RECORDS, SUCHAS VIA EMAIL.
Your use of the Netspend App or any part of the Services with your mobile phone, tablet, or laptop represents your agreement, as well as your course of dealing, to conduct transactions and communicate with Netspend via electronic methods.
These Terms of Service (these "Terms of Service" or "TOS") are entered into by and between Netspend Holdings, Inc. ("Netspend") and You. "You" or "Your" means the person who downloads or uses the Netspend App, creates a Netspend Account, or otherwise accesses the Services.
These Terms of Service govern the terms and conditions for: (a) the Netspend Earned Wage Access solution; (b) any access to or use of Netspend's mobile app associated with the Netspend Earned Wage Access solution ("Netspend App"); and (c) any other services that are offered to you via your use of the Netspend App (all such services, applications, and products in (a)–(c), collectively, the "Services"). These Terms of Service apply to your Netspend Account and/or electronic fund transfer ("EFT") services, each of which is accessible via the Netspend App.
By downloading and/or using the Netspend App (including all Netspend Content), creating a Netspend Account, and/or by accessing or using any aspect of the Services, you acknowledge and agree that: (w) you have read and understood these Terms of Service, Netspend's Privacy Notice, and the E-Sign Agreement; (x) you are bound by all of the terms and conditions of these Terms of Service, Netspend's Privacy Notice, and the E-Sign Agreement, (y) you agree to these Terms of Service, Netspend's Privacy Notice, and the E-Sign Agreement; and (z) that each such agreement has the same force and effective as a signed agreement on paper.
IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, NETSPEND’S PRIVACY NOTICE, ORTHE E-SIGN AGREEMENT, DO NOT USE OR ACCESS THE SERVICES AND IMMEDIATELYDELETE ANY DOWNLOADED APPLICATIONS OR MATERIALS THAT MAY HAVE BEENOBTAINED VIA THE SERVICES.
You also acknowledge and agree that, by using the Netspend App, You are expressly consenting toNetspend’s collection, use, disclosure, or other activity relating to the treatment of personallyidentifiable information about You, the terms of which are described in these Terms of Service andin Netspend’s Privacy Notice.
The Services include financial products or services that enable an individual who meets certain qualifications to use the Netspend App to request and obtain, from time to time, a Netspend Account, transactions involving electronic fund transfers via any method of effecting a payment, referred to as an "Electronic Payment", and other financial products and services that may be offered, provided, or serviced by Netspend from time to time.
You affirm that you are able and competent, in accordance with applicable law, to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Service, and to comply with these Terms of Service. You also affirm that you have not been previously suspended or barred from using the Services. You affirm that you are at least 18 years of age.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: THESE TERMS OF SERVICECONTAIN ARBITRATION PROVISIONS. EXCEPT FOR CERTAIN TYPES OF DISPUTESMENTIONED IN THE ARBITRATION PROVISIONS, YOU AND NETSPEND AGREE THATDISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION,AND YOU AND NETSPEND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTIONLAWSUIT OR CLASS-WIDE ARBITRATION.
NOTICE TO WISCONSIN CUSTOMERS: (A) DO NOT SIGN OR AGREE TO THIS BEFORE YOUREAD IT; (B) DO NOT SIGN OR AGREE TO THIS IF IT CONTAINS ANY BLANK SPACES; (C)YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN OR AGREE TO;AND (D) ALTHOUGH NETSPEND COLLECTS REPAYMENT AND FEES DIRECTLY FROM YOUR 5EMPLOYER AND NOT FROM YOU, WISCONSIN CONSUMERS HAVE THE RIGHT AT ANY TIMETO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT AND MAY BEENTITLED TO A PARTIAL REFUND OF CERTAIN UNEARNED FINANCE CHARGES, IF ANY.
Netspend may, at any time, change any condition, term, or provision of these Terms of Service, including for the Netspend App and including by exercising its rights to impose any new type of fee or charge on you or to increase the cost or the price of any of the Services, except as not permitted by applicable law. If Netspend materially changes a provision of these Terms of Service so as to restrict a term or impose one or more new material conditions on you, then Netspend will let you know before the material change takes effect, within the time required by applicable law, by sending you an email notifying you of the material revisions of these Terms of Service. Netspend shall use the email address you have on file with Netspend, and Netspend shall not be liable for resending any returned email so long as Netspend uses the email address in its file.
Please review the Effective Date of these Terms of Service (reflected at the top of this document) each time you have access to the Netspend App or use any of the Services.
SUBJECT TO YOUR RIGHTS INTHESE TERMS OF SERVICE, BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THEMOST RECENT VERSION OF THESE TERMS OF SERVICE, THE MOST RECENT VERSION OFNETSPEND’S PRIVACY NOTICE, AND THE MOST RECENT VERSION OF THE E-SIGNAGREEMENT. IF YOU DO NOT AGREE TO THE MOST RECENT VERSION, YOU MUST CEASEUSING THE SERVICES VIA THE NETSPEND APP. FOR THE AVOIDANCE OF DOUBT, THEMOST RECENT VERSION OF EACH OF THESE TERMS OF SERVICE, NETSPEND’S PRIVACYNOTICE, AND E-SIGN AGREEMENT SUPERSEDES ALL PRIOR VERSIONS.
Netspend reserves the right to act in its sole discretion at any time to modify or discontinue the Services (or any portion of the Services) to you, and such action by Netspend may adversely affect the use of the Services. Netspend may exercise its rights to modify or discontinue your use of the Services for any reason and may do so on a temporary or permanent basis. Netspend shall not be liable to you or any third party if Netspend exercises its right to modify, suspend, or discontinue any portion or all of the Services for you.
Netspend shall use reasonable efforts to notify users of the cessation of the Services or any changes that would affect your use of the Services. Netspend may give such notices through the Services (including on the Netspend App) or by email communications.
Without limiting its rights to modify or discontinue the Services as provided under the immediately preceding paragraph, Netspend may limit or terminate your use of the Services if Netspend determines, acting in its sole discretion, that you are not permitted to obtain the financial product(s) or service(s) (or some portion thereof) via the Netspend App. For example, if Netspend were to limit or suspend the provision of one or more financial products or services that may be obtained via the Services based on the applicable law in one or more jurisdictions and your account for the financial product(s) or service(s) is affected by the suspension of the product(s) or service(s), Netspend also may limit or terminate your use of the Services under these Terms of Service.
When you use the Netspend Earned Wage Access solution to obtain an Electronic Payment from Netspend, via its service provider, Rain Technologies, Inc. (the "Service Provider") the payment corresponds to a portion of your earned "Wages" and you agree to assign and transfer to the Service Provider, as described in Section III (entitled "Assignment of Your Earned Wages"), the intangible rights to receive the portion of such earned Wages from your Employer that corresponds to the Earned Wage Payment in accordance with these Terms of Service. You understand and acknowledge that your access to the Services is dependent upon your Employer's compliance with the agreement between Netspend and your Employer regarding the Services, your Employer's determination that you are eligible for the Services, and your Employer providing to Netspend the information needed to make the Services available to you.
Depending on your state of residency as provided by you and reflected in your Netspend App profile, there may be limitations on the functionality of the Services imposed by state law, and/or you may have certain rights under that state's laws that affect the functionality of the Services and the terms and conditions of these Terms of Service. To the extent there may be a conflict between a term or condition of these Terms of Service and the applicable law of the state in which you reside, the term or condition of these Terms of Service may not apply. The functionalities of the Services and the terms or conditions of these Terms of Service, including the fees for or access to the Services, may vary depending on your state of residency. For example, if you reside in a state that imposes certain conditions on the provision of Services, Netspend may adjust the fees for or change the access to (including by prohibiting access to) certain Services, such as an expedited delivery of an Earned Wage Payment, due to your residency in that jurisdiction. Whether Netspend may vary the terms for your use of the Services under these Terms of Service due to the laws applicable in your state of residency—or for other factors relating to Netspend's provision of the Services in that state—generally will be described to you at the time that you use the Services on the Netspend App (e.g. you will see an alert icon on the Netspend App) and/or certain functionalities of the Services (such as expedited transfer of Earned Wage Payments) may be limited or restricted.
If you wish to cancel your use of the Services, you can simply stop using the Netspend App; provided that any request for an Earned Wage Payment that you have initiated prior to the time that you stop using the Netspend App will be completed, and repayment will occur as set forth in Section 3 of Part III. Netspend does not charge you any cancellation fee or financial penalty for your cancellation of the Services. You also may choose to delete the Netspend App from your mobile phone or other device.
When you log in and register to the Netspend App to have access to and use the Services, you will be creating your Netspend Account (the "Netspend Account") for the use of the Netspend App. Netspend is not a bank, and Netspend does not provide a deposit account for you. Each time you have access to or use of your Netspend Account, you are signifying that you agree to all of the terms and conditions of these Terms of Service. Your Netspend Account is only for you, and you may not permit any person to have access to or to use your Netspend Account. If you allow any person to have access to or to use your Netspend Account, you shall be responsible for any act (or omission) that the person makes, including for any type of transaction made by the person.
You shall be solely responsible for all actions and transactions that you or your authorized agent or other representative makes in your Netspend Account. Except to the extent prohibited by law, Netspend shall not bear any liability or any responsibility for any misuse of your Netspend Account or any loss of information relating to your Netspend Account. You shall not disclose to or share with any person your login credentials, passwords, or other personally identifiable information that would allow access to or use of your Netspend Account (individually or collectively, your "Credentials").
By using your Credentials to use your Netspend Account and the Services, you authorize Netspend, the Service Provider, or Netspend's (or the Service Provider's) agent, to draw a check, draft, or otherwise effect a payment or other financial transaction to or from your Netspend Account and your Primary Bank Account. Without limitation, a transaction that is made involving your Primary Bank Account may be made via EFT, wire transfer, or substitute check (each an "Electronic Payment"), and the transaction may clear and settle via an automated clearing house ("ACH") or another method that may be selected by Netspend, the Service Provider, Netspend's (or the Service Provider's) agent, or your Bank (or your Bank's agent). Notwithstanding the foregoing, and for the avoidance of doubt, Netspend shall provide any Earned Wage Payment less any Fee to your Primary Bank Account as you direct on the Netspend App when you select "Cash Out" and indicate our mutual agreement.
To use the Services, you shall enroll and link to your Netspend Account one or more of your transaction accounts, such as a (a) prepaid account that is capable of accepting deposits, including, for example, a Skylight Card (referred to as "debit card" in the fee table and on the Netspend App); or (b) a checking, savings, or other deposit account, that you hold with a bank or credit union (referred to as "bank account" in the fee table and on the Netspend App) (each type of account in (a) and (b) referred to as "Your Bank"). If you are the holder of a Skylight Card (as made available to you by your Employer) and you wish to use the Skylight Card in connection with the Netspend Earned Wage Access solution, then you must link your Skylight Card to your Netspend Account. At all times, you shall designate one of your transaction accounts, regardless of the type of transaction account (including any prepaid account) held at your Bank, to be linked to your Netspend Account. For these Terms of Service, your linked transaction account with your Bank is referred to as "Your Primary Bank Account." Subject to the conditions described in the preceding two sentences, you may change your Primary Bank Account, except to the extent that Netspend prevents or postpones the change (e.g., Netspend may postpone a change in order to complete a pending Electronic Payment). You shall timely update the information for your Primary Bank Account with any changes in the Netspend App. If you do not maintain accurate and complete information for your Primary Bank Account in the Netspend App, your use of the Services could be adversely impacted, and Netspend will not be liable for any such adverse impacts. You represent and warrant that you are authorized to use your Bank and your Primary Bank Account that you furnish for Electronic Payments for the Services.
When you request an Electronic Payment to be made to or from your Netspend Account, your Bank may impose a fee for its product or service on you, and Netspend shall not be liable to you or any other person in connection with such fee or similar charge. As between you and Netspend, you shall be responsible for any act or omission made by your Bank in connection with your request for or Netspend's action relating to an Electronic Payment.
(a) In general. As described in the table on the first page of these Terms of Service, Netspend may impose a fee on you or charge you for use of the Services (each a "Fee") relating to any Electronic Payment made via the Netspend Account. You shall be responsible for payment to Netspend of the applicable Fee. Netspend will provide at least one no-Fee option for receiving an Earned Wage Payment, such as a non-expedited ACH delivery to your Bank.
You authorize the payment of the Fee to Netspend. You understand that you pay your Fee from the amount of the Earned Wage Payment as further described in Section III(3) (You Must Expect an Adjustment to Your Paycheck; Payment Date). When you request an Electronic Payment, which is an "Earned Wage Payment," Netspend will request that you pay the Fee, if applicable, as part of the Earned Wage Payment. If Netspend includes the Fee in the Earned Wage Payment and you authorize the payment of the Fee from the Earned Wage Payment (by confirming such payment on the Netspend App or otherwise), then the Electronic Payment to credit your Primary Bank Account will be in the amount of the Earned Wage Payment, less the amount of the Fee that you pay to Netspend. For example, if you request $100.00 as the amount of your Wages (shown as "Your Earned Wages" or "Available Balance" on the Netspend App) that you would like to have transferred to your Primary Bank Account as the "Cash Out" or "Transfer" amount on the Netspend App and you request that such transfer be made via expedited delivery with a Fee of $3.99, then the total Earned Wage Payment will be $103.99. The entire Earned Wage Payment ($103.99) will be deducted from your paycheck by your Employer. Of the entire Earned Wage Payment ($103.99), $100.00 will be transferred to your Primary Bank Account, and $3.99 will be paid to Netspend as a Fee for the expedited delivery. You expressly authorize the Fee to be paid from your Earned Wage Payment. The amount of any Fee that Netspend imposes, if any, when you conduct an Electronic Payment depends on the method of transfer/cash out that you select.
(b) Transactions Eligible for Waiver(s) of Fees for Eligible Payment Method or State of Residence. In its sole discretion, Netspend may impose a lower Fee, suspend any or more Fees, or waive the imposition of one or more Fees for your use of the Services, depending on your use of one or more eligible payment methods or depending on your state of residence. For example, Netspend currently waives the expedited delivery Fee with Earned Wage Payment to an eligible Skylight Card. Under these Terms of Service, you shall continue to be responsible for payment to Netspend of the applicable Fee, and whether you may be eligible for a lower Fee or a waiver of a Fee shall depend on the terms or conditions of the transaction(s) that apply at or around the time that you request or obtain the Services that are subject to the Fee.
An eligible Skylight Card is generally one that was distributed through or associated with your Employer that first made the Services available to you. If you are a holder of a Skylight Card and you change employers or have multiple employers and any of those subsequent employers also make the Services available to you, then you will need to contact Netspend via email at EWAsupport@netspend.com or via phone at (844) 985-3596 to ensure that your Skylight Card remains an eligible Skylight Card.
If Netspend does not timely initiate an Electronic Payment that you request or otherwise authorize or if Netspend commits an act of gross negligence in establishing the amount of your request for that Electronic Payment, Netspend shall be liable for any direct loss or damage that you experience as a result of the untimely initiation of, or incorrect amount of, that payment. Netspend also may be liable for a direct loss you experience as a result of a breach of the security of Netspend's information systems for the Services, provided, however, THAT NETSPEND’S LIABILITY TO YOU UNDER THIS SECTION SHALL: (I) BELIMITED TO THE AMOUNT OF THE UNAUTHORIZED ELECTRONIC PAYMENT(S)CONDUCTED THROUGH THE BREACH OF NETSPEND’S SYSTEMS, (II) BE CAPPED TO THEAMOUNT OF WAGES THAT YOU OTHERWISE SHOULD HAVE RECEIVED (IF NOT FOR THEBREACH OF NETSPEND’S SYSTEMS), AND (III) NOT EXTEND TO ANY INDIRECT ORCONSEQUENTIAL DAMAGES THAT YOU MAY EXPERIENCE DUE TO YOUR LOSS OF FUNDSOF LOSS OF ACCESS TO YOUR WAGES.
Notwithstanding the foregoing provisions of this Section II (7), Netspend shall not be liable to you under any circumstances relating to an Electronic Payment involving your Primary Bank Account if:
(a) Through no fault of Netspend, you do not maintain accurate information relating to your Primary Bank Account;
(b) Through no fault of Netspend, the unauthorized transaction or other source of loss you experience has occurred, in part or in whole, as a result of any act or omission that you commit when using the Services;
(c) If the online channel or internet system that you use when requesting the Electronic Payment is not working properly and you have knowledge of the defect in that channel or system when you are seeking to use the Netspend App or your Netspend Account; or
(d) If one or more other provisions contained in these Terms of Service may relieve Netspend of its liability.
Netspend maintains data in accordance with Netspend's Privacy Notice and applicable federal, state, and local privacy regulations. Netspend may disclose any data or other information, including any nonpublic personal information about you, to any third party in connection with your use of your Netspend Account or your request for an Electronic Payment if the disclosure is:
(a) Necessary to conduct or to complete any transaction for the Electronic Payment or to settle or to document the Electronic Payment, or to otherwise support or enable the Services offered to you;
(b) Authorized by you, which authorization may be made orally or in writing;
(c) Permitted by Netspend's Privacy Notice;
(d) To comply with government agency or court orders, or other legal or administrative reporting requirements; or
(e) To detect, prevent, investigate, or report potential fraud or illegal activity.
Tell us at once if you believe your Credentials for your Netspend Account have been lost or stolen, or if you believe that any EFT or Electronic Payment has been made without your permission using your Credentials. You could lose all the money in your Primary Bank Account. Telephoning is the best way to keep your possible losses down. You can call us at (844) 985-3596 or write to us at:
Netspend Earned Wage Access — CUSTOMER SUPPORT–UNAUTHORIZED TRANSACTION ALERT209 10th Ave S, Ste 160Nashville, TN 37203-0702EWAsupport@netspend.com
If you tell us within four (4) business days after you learn of the loss or theft of your Credentials, you can lose no more than $50 in your Primary Bank Account if someone used your Credentials without your permission. If you do NOT tell us within four (4) business days after you learn of the loss or theft of your Credentials, or that an EFT or other Electronic Payment has been made without your permission using your Credentials, and we can prove we could have stopped someone from using your Credentials without your permission if you had told us, you could lose as much as $500 in your Primary Bank Account.
If the statement from your Bank shows EFTs that you did not make or authorize to make through your Netspend Account, tell us at once. If you do not tell us within 90 days after the statement was mailed to you or electronically sent to you, you may not get back the money you lost after the 90-day period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (e.g., hospital stay) kept you from telling us within the required period(s), we will extend the time period(s).
Business Days. A "Business Day" is any day other than Saturday, Sunday, or a federal holiday. Any reference to "Day" that is not indicated to be a business day means a calendar day.
(a) You may request an Electronic Payment to be initiated by Netspend, based on Netspend's formula for an amount of funds that Netspend may, at its discretion, provide to you in reference to an amount of Wages that are due to you from your Employer. As between you and Netspend, and solely for the purposes of these Terms of Service, the term "Wages" means (i) any wages as defined by applicable state laws and regulations (which generally may be the state where you reside), and (ii) except as otherwise not permitted by applicable law, any amount of funds or value owing or due to you which funds or value correspond to any form of salary, tips, or other cash benefits due to be paid to you by an Employer. If you request an Electronic Payment, you shall comply with all of the terms and conditions that Netspend or the Service Provider may impose through any mechanism on the Netspend App or in your Netspend Account.
(b) An "Earned Wage Payment" is an Electronic Payment intended to transfer funds from Netspend (via the Service Provider) in an amount corresponding to your requested earned Wages, such amount including the Fee for the Electronic Payment, if any. Each time you request an Earned Wage Payment, you acknowledge and agree that each Earned Wage Payment is a payment to you from Netspend via the Service Provider, acting for itself, and does not constitute any payment by Netspend (or the Service Provider) of Wages or other benefits of any kind owed to you from any Employer or other person. Netspend may, in its sole discretion, use any other term or description for an Earned Wage Payment, such as a different term to be used in Netspend's marketing or promotional materials.
You warrant that you are responsible for the timing of making any request for an Electronic Payment, including any Earned Wage Payment, in order for funds to be available to you in your Primary Bank Account. Netspend shall bear no liability of any kind relating to the time that you request an Electronic Payment, including an Earned Wage Payment. You warrant that you will hold Netspend harmless for any and all losses, costs, or damages to you of any kind due to the timing of any settlement or availability of funds in your Primary Bank Account, except if Netspend does not timely initiate the processing of the Electronic Payment. This means that Netspend shall be obligated to you to effect the Electronic Payment (including an Earned Wage Payment) in the amount you request; provided, however, that depending on your Bank's funds availability policy or other factors, the funds made available to you by your Bank could be available to you on a date that is later than you expect (when making your request via the Netspend App) or the funds your Bank makes available may be less than the amount you had requested. You could, for example, receive an amount from your Bank in your Primary Bank Account that is less than the amount you had requested for the Electronic Payment if your Bank delays access to such funds or exercises any right your Bank may hold to set off or make any other deduction from your Primary Bank Account.
(a) You may view transactions in your Netspend Account by using the Netspend App. In the Netspend App, you can access a transaction history that reflects the transactions made in your Netspend Account.
(b) ALL QUESTIONS ABOUT TRANSACTIONS INVOLVING YOUR ELECTRONICPAYMENTS MADE WITH THE NETSPEND APP MUST BE DIRECTED TO NETSPEND,AND NOT TO YOUR BANK WHERE YOU HAVE YOUR PRIMARY BANK ACCOUNT.
Netspend is responsible for the Services and for resolving any errors in transactions made with the Netspend App.
(c) Netspend will not send you a periodic statement listing transactions that you make using the Netspend App. The transactions will appear only on the statement issued by your Bank. Each time you request an Earned Wage Payment, Netspend will send you a confirmation email. If your transaction is successful, this email will include a transaction receipt. Save the receipts and check them against the account statement you receive from your Bank. If you have any questions about one of these transactions, call us at (844) 985-3596. You may also write to us at the address provided in Section II (13).
NOTICE TO WISCONSIN CUSTOMERS: UPON YOUR WRITTEN REQUEST,NETSPEND WILL FURNISH YOU WITH A WRITTEN STATEMENT OF THEAMOUNTS AND SPECIFYING THE DATES OF PAYMENTS RECEIVED ANDCHARGES IMPOSED, TOGETHER WITH THE UNPAID BALANCE AT THE TIME OFTHE STATEMENT. YOU ARE ENTITLED TO ONE SUCH STATEMENT FREE OFCHARGE ONCE EVERY TWELVE MONTHS AND ADDITIONAL STATEMENTS IFYOU PAY NETSPEND’S REASONABLE COST OF PREPARING AND FURNISHINGTHE STATEMENT. YOU MAY REQUEST THE STATEMENT IN WRITING AND SENDTO: EWASUPPORT@NETSPEND.COM OR NETSPEND EARNED WAGE ACCESS –STATEMENT REQUEST 209 10TH AVE S, STE 160, NASHVILLE, TN 37203-0702.
In addition to the error resolution provision in this Section II(13), in case of errors or questions about your paychecks relating to any Earned Wage Payment, you can contact your Employer, or you can contact us as further described in the "Complaints" subsection (Section IV(1)(a)). Section III(3) ("You Must Expect an Adjustment to Your Paycheck") describes how adjustments to your paycheck will work.
In case of errors or questions about your Electronic Payments, contact us at (844) 985-3596 or write to us at:
Netspend Earned Wage Access – Error Resolution or Questions209 10th Ave S, Ste 160Nashville, TN 37203-0702
You must contact us as soon as you can if you believe the statement from your Bank or receipt is incorrect, or if you need more information about a transfer listed on the statement from your Bank or receipt. Netspend must hear from you no later than 90 days after the FIRST statement provided by your Bank that shows the problem or error.
(a) Tell us your name and account number (if any).
(b) 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.
(c) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us the complaint or question in writing within 10 business days.
Within 10 business days after we hear from you, Netspend will determine whether an error has occurred and will promptly correct any error. If Netspend needs more time, however, Netspend may take up to 45 days to investigate the complaint or question. If Netspend decides to do this, Netspend will credit, on a provisional basis ("Provisional Credit"), your account within 10 business days 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 Netspend asks you to put your complaint or question in writing and we do not receive it within 10 business days of the date of that request, Netspend may not credit your account.
For errors involving new accounts, Netspend may take up to 90 days to investigate your complaint or question. For new accounts, Netspend may take up to 20 business days to credit your account for the amount you believe is in error.
Netspend will tell you the results within three (3) business days after completing Netspend's investigation. If Netspend decides that there was no error, Netspend will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If Netspend had issued Provisional Credit, Netspend may revoke the amount of that Provisional Credit, which may occur five (5) business days after Netspend's notice to you.
Under certain circumstances, in order to protect your Netspend Account and the security and integrity of the network that uses the Netspend App or the Services, generally, Netspend may, in its sole discretion, take account-level or transaction-level actions. These account-level or transaction-level actions may be imposed temporarily or permanently. For example, depending on Netspend's contractual obligations with your Employer, Netspend may impose account-level restrictions that affect your use of the Services due to Netspend's arrangement with your Employer, including any action that Netspend takes to terminate that arrangement. Netspend's decision about limitations and holds may be based on confidential criteria that are essential to Netspend's management of risk and the protection of the Netspend App or the Services, its customers, or its service providers (including, without limitation, the Service Provider). Netspend may use proprietary fraud and risk modeling when assessing the risk associated with your Netspend Account. Netspend may also be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions.
Netspend shall not have any obligation to disclose to you information regarding any aspect of Netspend's process for risk management, its security procedures, or other factors that bear on account-level or transaction-level restrictions that Netspend may impose.
(a) Limitations on frequency of Electronic Payments. For security reasons and other reasons, Netspend may impose limits on the number or frequency of Electronic Payments you can make using your Netspend Account and you agree to those limits. For example, Netspend may, in its sole discretion, restrict the number of Earned Wage Payments that you may request.
(b) Limitations on dollar amounts of Electronic Payments. Netspend may, in its sole discretion, restrict the amount that you may request for an Electronic Payment, and you agree to those restrictions. For example, Netspend may allow you to request an Earned Wage Payment in an amount that is limited to up to half of your earned Wages (as of the time of the request) for that Electronic Payment and, unless an administrative or technical error occurs, Netspend will in all cases limit each Earned Wage Payment to no more than the amount of your earned but unpaid Wages for the applicable pay period as Netspend (or the Service Provider) has reasonably determined based on information from your Employer.
(c) Netspend Account Holds. Netspend Account holds are implemented to help protect your Netspend Account, to protect the Services, and/or ensure that Netspend is receiving complete and accurate information from your Employer to provide the Services to you, and you agree to Netspend's right to place such holds on your Netspend Account. During a Netspend Account hold, you will be unable to request Earned Wage Payments from your Netspend Account, and your Netspend App will show "$0.00" as "Your Available Balance" and "$0.00" as "Your Earned Wages." A Netspend Account hold will remain in place until the reason for the hold has been resolved. Netspend reserves the right to determine whether your Netspend Account should be put on hold based on the reason(s) for (and the severity of) the hold. Your Netspend Account may be put on hold when:
If your Netspend Account has been put on hold, you will need to contact Netspend via email at EWAsupport@netspend.com, via phone at (844) 985-3596, or via the chat icon in the Netspend App and then you will need to work with Netspend to resolve any issues with your Netspend Account before a hold can be ended. Normally, this is done after you provide Netspend with the information that is requested. However, Netspend may direct you to contact your Employer if the underlying issue for the hold relates to your relationship with your Employer (e.g., your Employer is no longer making the Netspend Earned Wage Access solution available to you). Additionally, if Netspend reasonably believes a risk still exists after you (or your Employer) has provided us that information, Netspend may take action to protect itself, the Service Provider, its users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks, and any other liability.
You will hold Netspend harmless for any loss or damage that you may experience if Netspend or the Service Provider limits the amount or timing of any Earned Wage Payment to conform with any of the above-referenced limits or restrictions or places a hold on your Netspend Account as permitted by these Terms of Service. This means that if the amount or the timing of an Earned Wage Payment does not conform to such limits or restrictions that may be established for your Netspend Account, your request may be modified so that an Electronic Payment may satisfy part of your request for the Earned Wage Payment.
In addition to the limitation set forth in this section, your Employer may restrict your ability to use the Services (e.g., by not providing Netspend with the information needed to make the Services available to you).
In no case shall the provisions of this Section II(14) limit any rights of Netspend to modify or discontinue your use of the Services as otherwise set forth in this TOS or provided by applicable law.
This Section III represents a wage-assignment between you and the Service Provider. As between you and the Service Provider, you warrant that, as of the time you request an Electronic Payment that is an Earned Wage Payment, you: (a) have rights to receive Wages from the relevant employer or other person, such as an employment firm or company with which you have entered into a 1099 contractor agreement (each employer or each such other person, an "Employer"); (b) have performed all of the work or other services of any kind necessary for your rights to the full amount of the Wages, without any condition or qualification, including any inspection of work, right of discount, setoff, or "clawback" that may be exercised by the Employer or person owing the obligation to you to pay Wages earned; (c) all information that you have provided to Netspend and/or the Service Provider is accurate and complete; (d) you have not received payment for any such Earned Wage Payment from anyone else; and (e) shall hold the Service Provider and Netspend harmless for any and all claims that may be made against you by any person in connection with the payment or receipt of your Wages. Upon each request you make for an Earned Wage Payment, you grant, assign, and transfer to the Service Provider any and all rights that you hold corresponding to the Wages for that request in the amount of the total Earned Wage Payment (inclusive of any Fees). Neither Netspend nor the Service Provider is responsible for any dispute between you and your Employer.
Unless otherwise prohibited by applicable law, upon each request for an Earned Wage Payment, your assignment to the Service Provider of any and all of the rights to your Wages is irrevocable if Netspend (or the Service Provider) has initiated your transaction. This means that you have no right to reverse or countermand any instruction you make on the Netspend App or otherwise in your Netspend Account to assign any and all rights to the Service Provider of your Wages. Once you complete a transaction (e.g., click "complete," "cash out," or "submit" when requesting an Electronic Payment), the Service Provider, and not you, holds all of the rights to your Wages that correspond to the amount of the Earned Wage Payment.
When you request an Earned Wage Payment, you are assigning and transferring to the Service Provider all rights that you hold corresponding to the Wages for that request. That means that your Employer (not you) will be obligated to pay the Service Provider the amount of the Earned Wage Payment, inclusive of any fees. Because the Service Provider (or Netspend) will receive the payment from your Employer, your Employer will make one or more adjustments to reduce your paycheck or your upcoming paychecks by the amount of the Earned Wage Payment. In most cases, the date of your paycheck to be adjusted (i.e., the date that Netspend (or the Service Provider) is authorized to direct your Employer to adjust your Wages with the amount of the Earned Wage Payment) corresponds to the "When Payments are Due" date found on your receipt for the Earned Wage Payment.*
Notice: Residents of some states will also see a disclosure including the "When Payments are Due" date within the Netspend App.
Each Earned Wage Payment is scheduled to be collected via a single paycheck adjustment on the "When Payments are Due" date, which is ordinarily the date of your next paycheck after you requested the Earned Wage Payment. However, because the "When Payments are Due" date is based upon payroll data that Netspend receives from your Employer, there may be situations that cause your Employer to adjust your paycheck on a different date than the "When Payments are Due" date or across more than one pay period (including, but not limited to pay periods dates that are changed because of holidays, errors in the processing of your Employer's payroll, insufficient payroll funds due to other payroll deductions or garnishment by another entity, or errors in the information your Employer has provided to Netspend (or the Service Provider) to offer the Services, etc.). Thus, you acknowledge and agree that any adjustment(s) to your paycheck(s) made by your Employer may be made in one or more pay periods. For example, if you request an Earned Wage Payment, your Employer is permitted to make the adjustment to your paycheck during a later pay period, including a period in a different calendar month. You further agree that you shall hold the Service Provider and Netspend harmless for any and all losses or damages that you may experience due to the reduction in your paycheck which results, directly or indirectly, from your request for an Earned Wage Payment.
Due to the adjustment(s) to your paycheck(s), your net pay will be lower, relative to the amount that your Employer otherwise would have paid had you not requested the Earned Wage Payment.
You hereby consent to the repayment of the Earned Wage Payment from your Employer. Netspend will not accept payment from you for any outstanding Earned Wage Payment or Fees using your credit card or charge card.
In no case will Netspend charge you any deferral fee or any other charge in connection with deferring the collection of any outstanding Earned Wage Payment beyond the original scheduled repayment date (i.e., the "When Payments are Due" date). Additionally, Netspend will not solicit you to delay repayment of any Earned Wage Payment for the purpose of increasing the total nonmandatory Fees that Netspend may collect.
If Netspend is unable to receive payment from your Employer for your Earned Wage Payment, then a hold may be placed on your Netspend Account, as explained in Section 14(c) of Part II.
By using your Netspend Account, and upon each of your requests for an Earned Wage Payment, you warrant that only you hold the rights to your earned Wages. You further warrant that you have not entered into any other agreement or transaction that could provide any person with rights to your Wages. Upon your assignment to the Service Provider of any and all of the rights to your earned Wages in connection with any Earned Wage Payment, the Service Provider may, in its sole discretion, assign its rights to any person (including, without limitation, Netspend), regardless of the time in relation to effecting any Electronic Payment.
By using your Netspend Account, and upon each of your requests for an Earned Wage Payment, you signify your consent to allow Netspend and/or the Service Provider to use any method that Netspend or the Service Provider, each in its sole discretion, may select to monitor or otherwise collect information about your accounts for the purpose of enforcing either of their rights under these Terms of Service. This means that you agree that Netspend and/or the Service Provider may collect data pertaining to your Primary Bank Account or any other account in order to monitor transactions to allow Netspend or the Service Provider to assess whether you are using any other services provided by another party that could impair or obstruct the Service Provider's rights to your assignment of your earned Wages.
By using the Services, you consent to your Employer sharing data with Netspend and the Service Provider, which may include your name, employee identification number, contact information, earnings information, and other data relevant to your use of the Services.
Netspend does not obtain, use, or otherwise require a credit report or credit score (including as defined by 15 U.S.C. Sec. 1681 et seq.) issued by a consumer reporting agency to determine: (a) your eligibility or qualifications for using the Services; (b) the amount of any Earned Wage Payment for which you are eligible to request or receive; or (c) the frequency with which Earned Wage Payments may be provided to you through the Services.
Netspend does not condition your receipt of an Earned Wage Payment on whether you choose a delivery method that has an Expedited Transfer Fee. At any time, you may choose a method of delivery that does not include an Expedited Delivery Fee. Netspend does not condition the amount of the Earned Wage Payment (less the Fee) that you are eligible to request or the frequency with which you are eligible to request an Earned Wage Payment on whether you choose a delivery method that has an Expedited Transfer Fee.
(a) Complaints.
(i) General. You may reach out to Netspend to raise a concern or to submit a complaint regarding these Terms of Service or the performance by Netspend relating to the Services. To do so, you should notify Netspend as soon as possible so that Netspend can respond promptly to your concern or complaint, as appropriate. If you wish to raise a concern or complaint, please provide a notice to Netspend, and in your notice, please include: (A) your name; (B) your residential or mailing address; (C) your username and the email address you used to set up your Netspend Account for the Services; and (D) your telephone number.
Send your notice to:
Netspend Earned Wage Access – CONCERNS OR COMPLAINTS209 10th Ave S, Ste 160Nashville, TN 37203-0702
Alternatively, you may send the information listed above in an email to Netspend. Please include in the subject line of the email an appropriate label for your concern or complaint. You may contact Netspend at EWAsupport@netspend.com.
Netspend can also receive your notice of any concerns or complaints via telephone at (844) 985-3596 or via the chat icon in the Netspend App.
(ii) Complaints Filed by Residents of Certain States.
(A) South Carolina Residents: If you are a resident of South Carolina, you may submit a complaint about Netspend's offering or provision of the Services to the South Carolina Department of Consumer Affairs. You may contact the South Carolina Department of Consumer Affairs by calling (800) 922-1594, which is a toll-free number in the South Carolina area. Alternatively, you may call the South Carolina Department of Consumer Affairs at (803) 734-4200 (not toll-free). In addition, you may submit a complaint via the South Carolina Department of Consumer Affairs' Internet website, located at https://consumer.sc.gov/consumer-resources/consumer-complaints.
(B) Utah Residents: If you are a resident of Utah, you may submit a complaint about Netspend's offering or provision of the Services to the Division of Consumer Protection by calling 1-800-721-7233 (toll-free), (801) 530-6601 (not toll-free), or submitting online at https://dcp.utah.gov.
(b) No Indebtedness. When you request an Earned Wage Payment, you do not make a promise to pay Netspend or the Service Provider in exchange for your receipt of funds from Netspend or the Service Provider. This means that, in general, you are not responsible for making a payment to Netspend (or the Service Provider) for the Earned Wage Payment and neither Netspend nor the Service Provider will compel or attempt to compel you to repay any Earned Wage Payment, including by: (a) making or using (or threatening to make or use) outbound telephone calls (unsolicited or otherwise) to you; or (b) initiating (or threatening to initiate) a civil suit against you in a court of competent jurisdiction. Further, Netspend warrants to you (on its own behalf and on behalf of the Service Provider) that neither Netspend nor the Service Provider has any legal or contractual claim or remedy against you based on your failure to make a payment to Netspend for the Earned Wage Payment.
(c) No Debt Collection. Netspend warrants to you (on its own behalf and on behalf of the Service Provider) that neither Netspend nor the Service Provider does any of the following in order to compel or attempt to compel repayment by you of an Earned Wage Payment or otherwise: (i) engage in any debt collection activities related to an Earned Wage Payment, (ii) place the amount due as a debt with or sell it to a third party, (iii) use (or threaten to use) a third party to pursue debt collection against you on its behalf, or (iv) sell or assign (or threaten to sell or assign) any outstanding proceeds or fees to a third-party debt collector or debt buyer to enable them to collect from you. Netspend warrants to you (on its own behalf and on behalf of the Service Provider) that neither Netspend nor the Service Provider report data (or will threaten to report data) regarding an Earned Wage Payment (including, e.g., information about payment or failed repayment of any outstanding Earned Wage Payments) about you to a consumer reporting agency, consumer agency, consumer credit reporting agency, or a debt collector.
(d) No Late Fees. Netspend will not charge you or collect from you a late fee, a deferral fee, any finance charges, interest, or any other penalty, fee, or charge for failure to pay any outstanding Earned Wage Payments.
(e) Exceptions. However, to the extent permissible by applicable law, nothing in this Section 1 of Part IV modifies or limits in any way the rights that Netspend may hold under applicable law to recover any one or more Electronic Payments made to you if there is a basis for concluding that you have breached your obligations under applicable law, including that you have achieved the Earned Wage Payment through fraudulent or other unlawful means. Further, nothing set forth in this Section 1 of Part IV modifies or limits Netspend from pursuing any available remedies against your Employer.
(f) Other Matters.
NOTICE TO WISCONSIN MARRIED USERS: NO PROVISION OF A MARITAL PROPERTYAGREEMENT, A UNILATERAL STATEMENT UNDER WIS. STAT. S. 766.59 OR A COURTDECREE UNDER WIS. STAT. S. 766.70 ADVERSELY AFFECTS THE INTEREST OF THECREDITOR UNLESS THE CREDITOR, PRIOR TO THE TIME CREDIT IS GRANTED, ISFURNISHED A COPY OF THE AGREEMENT, STATEMENT OR DECREE OR HASACTUAL KNOWLEDGE OF THE ADVERSE PROVISION WHEN THE OBLIGATION TOTHE CREDITOR IS INCURRED.
As described in Section II (6), Netspend may impose a Fee on you for use of the Services in connection with Electronic Payments. However, Netspend shall not charge you solely for use of the Netspend App or solely to access your Netspend Account through another mechanism.
(a) (i) Except as set forth in subsection (ii) of this Section 3(a), these Terms of Service are governed by U.S. and Delaware law, without regard to conflict of law provisions. (ii) If you are a resident of South Carolina at the time you use the Services, these Terms of Service shall be governed by the U.S. and South Carolina law, without regard to conflict of law provisions, as though these Terms of Service were made and performed entirely within the State of South Carolina. (iii) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded in their entirety from these Terms of Service.
(b) All claims and disputes, including all statutory claims and disputes, arising out of or relating in any way to these Terms of Service or your use of the Services shall be finally resolved by binding arbitration on an individual basis, except that you and Netspend are not required to arbitrate any dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This means that unless you opt out of arbitration as provided below or except for the equitable relief described in the previous sentence, neither Netspend nor you will sue in court before a judge or jury. Netspend and you also agree that no dispute subject to the terms of this Section IV (3) will be resolved as a class. One neutral arbitrator will decide the dispute, and the arbitrator's decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for individual claims between Netspend and you.
The arbitration will be administered by the American Arbitration Association ("AAA"), in accordance with its rules of practice and procedure (the "Rules") in effect at the time that the claim is filed, except to the extent the Rules conflict with these Terms of Service. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The AAA Consumer Arbitration Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. Any claims or disputes involving less than US $10,000.00 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the amount sought is US $10,000.00 or more, the right to an in-person oral hearing will be determined by the Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. Netspend and you will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. The number of arbitrators shall be one, selected in accordance with the Rules, and the language of the arbitration will be English. Unless non-appearance arbitration is elected, the location of the arbitration will be as follows: (i) if you are a resident of the State of South Carolina, then the arbitration will be held in the South Carolina county of your residence; or (ii) if you are not a resident of the State of South Carolina, then the arbitration will be held in the State of Delaware, provided that, if you notify us in writing within 30 days after the initial notice of arbitration is delivered by a party, the arbitration may be held in Chicago, Illinois or Los Angeles, California. If non-appearance arbitration is elected, the arbitration will be conducted by phone, online, written submissions, or a combination of the three, at the election of the party initiating arbitration, and the arbitration will not involve a personal appearance by parties or witnesses unless the parties mutually agree otherwise. Other than costs that Netspend is required to pay under the Rules, each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs for the arbitrator, except as otherwise provided in the Rules or if the arbitrator determines the fees and costs should be borne by one of the parties. The arbitrator may not award or assess punitive damages against either party.
NETSPEND AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE,INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTEDONLY INDIVIDUALLY.
Neither Netspend nor you will seek to have any dispute heard as a class action, a class-wide arbitration, a private attorney-general action, or any other proceeding in which either of Netspend or you act(s) or propose(s) to act as a representative for others. Netspend and you also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of Netspend, you, and every other party to that arbitration or proceeding.
You may opt out of the arbitration and class actions waiver set forth above by sending a written notice of your decision to opt out in accordance with this Section IV (3). If you do so, neither you nor Netspend can force the other to arbitrate. To opt out, you must notify Netspend in writing no later than sixty (60) days after first becoming subject to these Terms of Service (or first becoming subject to any earlier version of these Terms of Service). Your notice must include your name and address, your username, and the email address you used to set up your Netspend Account for the Services, and an unequivocal statement that you want to opt out of this arbitration. Send your notice to:
NETSPEND – ARBITRATION OPT-OUT NOTICE209 10th Ave S, Ste 160Nashville, TN 37203-0702EWAsupport@netspend.com
If you opt out via email, the subject line of your email must state "Opt-Out Notice for Arbitration," and the body of your email must include, at a minimum: (i) your name and address, (ii) your username, and (iii) the email address you used to set up your account for the Services.
In the event of a dispute between you and Netspend, to invoke your opt-out right, you must retain a copy of your opt-out notice, as well as proof of mailing of your opt-out notice within the prescribed period (e.g., within 60 days of the date that you first downloaded Netspend's App).
If you elect to opt out, each of you and Netspend irrevocably (i) consents to the exclusive jurisdiction and venue of the state and federal courts in the State of Delaware in connection with any matter arising out of these Terms of Service, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts, and (v) waives any right to trial by jury in any action in connection with these Terms of Service.
This Section IV (3) may be amended from time to time in accordance with these Terms of Service. If you did not opt out of mandatory arbitration as provided above, you may reject any change Netspend makes to this Section IV (3) by sending Netspend a notice within sixty (60) days after first becoming subject to the amended Terms of Service. Send your notice rejecting changes to this Section IV (3) to the address provided above. In the event of a dispute between you and Netspend, to invoke your right to apply an earlier version of this Section IV (3), you must retain a copy of your rejection notice, as well as proof of mailing of your rejection notice within the prescribed period. Netspend reserves the right to make additional amendments to this Section IV (3). If you wish to reject additional changes to this Section IV (3), you must notify Netspend in accordance with this Section IV (3) for each change in accordance with the terms hereof.
The Services shall be provided from the date on which you download the Netspend App or register for the Services, and you accept these Terms of Service, and the Services shall continue until terminated. To cancel your use of the Services at any time, stop using the Services and delete the Netspend App as more fully described in Section 4 of Part I.
Any right or license granted to you under these Terms of Service or any other agreement may be transferred or assigned by you only with Netspend's prior written consent. For any rights that Netspend or the Service Provider holds under these Terms of Service or any other agreement between Netspend and you (or the Service Provider and you), each of Netspend and the Service Provider may assign its rights without restriction and without notice to you.
The Netspend App and other products and services offered or provided by Netspend have certain functionality that may allow you, as a "User" of the Services, to upload, post, generate, modify and share content, including inputting your personally identifiable information, uploading documents, sending messages, or post reviews and comments (e.g., via text, videos, photos, and other materials)—each and collectively defined herein as "Your User Content." You grant to Netspend a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, index, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content in all media without acknowledgement, notice or compensation to you or any third party. You represent and warrant that you have all rights necessary to provide your User Content in the manner you provide such content (in any form) to Netspend. You further represent and warrant that your actions in processing or transferring any of your User Content are not unlawful, objectionable, infringing upon any rights of a third party, and will not otherwise violate the rights of any third party or any understanding or agreement you may have with any third party. Subject to the foregoing license, as between you and Netspend, you retain all rights in and to your User Content to the extent not containing any Netspend (or the Service Provider) proprietary materials.
Netspend hereby grants you permission to use the Services as set forth in these Terms of Service, provided that: (a) you will not copy, download or distribute any part of the Services in any form or medium without Netspend's prior written authorization, except as permitted in these Terms of Service; (b) you will not alter, modify, or make derivative works from any part of the Services without Netspend's prior written authorization, except as permitted in these Terms of Service; and (c) you will otherwise comply with these Terms of Service.
You represent and warrant to Netspend at all times when using the Services that:
(a) You are the owner of (i) the number associated with your Mobile Device and (ii) the email address, each of which you provide to Netspend;
(b) You have provided to Netspend, or will provide to Netspend, a physical street address that accurately describes your residential location or, if no such residential location is available at that time, a mailing address that you use for your correspondence;
(c) You shall timely update, even when not requested by Netspend, the physical street address that accurately describes your residential location or, if no such residential location is available at that time, a mailing address that you use for your correspondence, such that Netspend may rely on your last-given information describing your residential location or mailing address;
(d) You will immediately notify Netspend if you change (i) the number associated with your Mobile Device, (ii) the email address, or (iii) your residential location;
(e) The information provided to Netspend in any registration or application screen, profile, email, postings, telephone call, or through other means, including all personal details, contact details, and all other data provided to Netspend, is true in all respects, up-to-date, and not misleading in any way;
(f) You shall not access the Services under false identity or pretext, and you shall not use the Services to falsify your or any other person's identity;
(g) You shall use the Services lawfully and in good faith;
(h) You shall keep your Credentials secure and shall not disclose or otherwise share such information with any person; and
(i) You shall notify Netspend immediately if you become aware of the (i) loss or theft or other compromise of your Credentials, including if such compromise occurs through the loss or theft of your Mobile Device, and (ii) the unauthorized use of your Credentials to access the Services or any information pertaining thereto.
Netspend reserves all rights in the Services not granted in these Terms of Service. Without limiting the foregoing, by using the Services, you agree not to:
(a) Use the Services for any purpose other than for using the features Netspend intentionally provides or makes available to you;
(b) Share your Credentials, allow any person to access your Netspend Account, or take any action or inaction that might jeopardize the security of your Netspend Account;
(c) Assign or transfer your Netspend Account or your Credentials to anyone;
(d) Attempt to access the accounts of any user of the Services other than your own Netspend Account;
(e) Translate, modify, or create derivative works of the Services;
(f) Upload, download, recreate, display, perform, post, reproduce, or copy the Services, except with the prior written consent of Netspend;
(g) Resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to you under these Terms of Service, the Services, or any Netspend Content, in whole or in part;
(h) Modify, copy, distribute, download, scrape, or transmit in any form or by any means any Netspend Content from the Services other than your User Content which you legally post on, through, or in connection with the Services;
(i) Attempt to derive the source code, source files, or structure of the software contained in the Services by reverse engineering, disassembly, decompilation, or any other means;
(j) Use the Services except in accordance with all applicable law;
(k) Introduce into the Services any "malware," such as viruses, worms, or Trojan Horses;
(l) Use deep-links, page or screen scrapes, web crawlers, web robots, spiders, wanderers, web scutters, or programs, algorithms, or methodologies which do the same things in connection with the Services, or use other automated processes to access or to use the Services;
(m) Provide false personal information or create an account for anyone other than for you without Netspend's permission;
(n) Create another account without Netspend's permission, if Netspend has disabled your Netspend Account;
(o) Post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, tortious, vulgar, abusive, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law or be invasive of another's privacy;
(p) Engage in any kind of conduct, whether via the Netspend App, or any other customer-service channel that Netspend makes available to you, that involves any form of abuse, harassment, or other harmful conduct towards another person (including any employee or contractor of Netspend or the Service Provider), and understanding that Netspend retains sole discretion to determine whether one or more acts (in isolation or cumulatively) constitutes the conduct prohibited hereunder;
(q) Use the Services in any manner that could damage, disable, undermine, overburden, or impair the Services or the servers on which it runs or interfere with any other party's use of the Services;
(r) Upload, download, post, email, or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
(s) Obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Services, disrupt, interfere with, or attempt to disrupt or interfere with the Services or Netspend or the Service Provider's networks and systems, disable or attempt to disable Netspend or its service providers' firewalls or security software, or otherwise misuse the Services; or
(t) Use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Services.
Netspend will fully cooperate with any law enforcement authorities or court order requesting or directing Netspend to disclose the identity of anyone violating these Terms of Service.
Netspend believes in children's online safety and does not wish to receive information regarding any individual who is under 18 years old. Therefore, you may not post or submit any personally identifiable information of an individual who is under 18 years old or information sufficient to locate such a child on or through the Services. If you are under 18 years of age, you may not use the Services in any way, and you may not submit any information about yourself to Netspend in any way.
Netspend will apply reasonable measures to protect the security of nonpublic personal information and other data essential for use of the Services, such as information you upload or enter when using the Netspend App. You shall protect the confidentiality and security of your Credentials, and you shall not allow any person to have access to or to use your Credentials.
Netspend is entitled (but not required) to apply security measures to protect the Services and the Netspend Content, and Netspend may block users (or IP addresses) identified or suspected as being used to access the Services (a) without authorization, (b) for unlawful purposes or for purposes of disrupting the Services, or (c) in any manner that presents a risk of damaging the Services.
You shall immediately notify Netspend of any activity on the Services suspected of being for unlawful purposes, including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Services.
You shall immediately notify Netspend of any security breach involving the Services of which you become aware, including any loss of nonpublic personal information and any incident where nonpublic personal information relating to you becomes available to unauthorized persons through the Services.
Everything you see, hear, or otherwise experience through the Services, including the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, "Netspend Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Netspend or the Service Provider, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Netspend or the Service Provider owns the copyright in the selection, coordination, arrangement, and enhancement of the Netspend Content. Any unauthorized use of any materials on the Services may violate copyright, trademark, and other laws. Netspend Content (and any other content) on the Services is provided to you AS IS for your information and personal use only. For your personal use, you may view, copy, and print screenshots of the Services. Otherwise, the Services may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Netspend reserves all rights not expressly granted in and to the Services, the Netspend Content, and your User Content for which Netspend holds its rights, pursuant to your grant under these Terms of Service. You agree not to use, copy, download, or distribute any Netspend Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of user submissions of third parties obtained through the Services for any commercial purposes. You may not incorporate the Netspend Content into, or stream or transmit the Netspend Content via any hardware or software application, unless Netspend first expressly permits you to do so in writing. You may not create, recreate, advertise, or distribute an index of a significant portion of the Netspend Content unless authorized in writing by Netspend. You may not build a business using the Netspend Content, whether or not for profit. If you copy or print pages of the Netspend Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Netspend Content or enforce limitations on use of the Services or the Netspend Content therein, nor may you scrape or use any extraction methods to obtain any content or data from the Services.
Netspend may, in its sole discretion, permit you from time to time to submit, upload, or otherwise make available to Netspend or any of its representatives or agents through the Netspend App any suggestions, feedback, or recommendations regarding the Services ("Feedback"). If you provide any such Feedback, you hereby grant to Netspend a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable, and transferable license to use such Feedback for any purpose.
In accordance with Netspend's Privacy Notice, Netspend is entitled to use nonpublic personal information processed on the Services, without limitation, to obtain technical, statistical, or other information. Any database of nonpublic personal information that Netspend may create out of the information on the Services from time to time will be part of the Netspend Content.
From time to time, Netspend may offer sweepstakes and promotions that involve issuing one or more prizes to an eligible entrant or participant who abides by all requirements of the sweepstakes and/or promotion, including those detailed in the associated official rules for that sweepstakes or promotion. All of Netspend's sweepstakes and promotions are offered at Netspend's sole discretion and are subject to the official rules for that sweepstakes or promotion (as applicable, the "Official Rules"). By entering any such sweepstakes or promotion, or by accepting a prize related to any such sweepstakes or promotion, you agree to the Official Rules for such sweepstakes or promotion offered by Netspend. The Official Rules for each current sweepstakes and promotion are available in the Netspend App.
From time to time, Netspend may automatically check the version of the mobile application you have installed and, if applicable, provide updates for the Netspend App ("Updates"). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the Netspend App. By installing the mobile application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Netspend App and Updates will be governed by these Terms of Service (as amended by any terms and conditions that may be provided with Updates). Netspend reserves the right to temporarily disable or permanently discontinue any and all functionality of the Netspend App at any time without notice and with no liability to you.
By opting into the short code program for a cellular phone or other wireless device (a "Mobile Device"), including when you provide a Mobile Device's phone number prior to the Effective Date displayed above, or by selecting to use a phone number associated with a Mobile Device with the Services, you expressly agree to the following provisions:
(a) Non-Marketing Messages. You expressly consent to receive text messages to the phone number you provide for any purpose relating to the Services. Without limiting the scope of your express consent under the immediately preceding sentence, you agree that we may use the phone number you provide for a Mobile Device for any service-related or transactional messages associated with the Services, including to receive autodialed or pre-recorded, service-related text messages from Netspend or on behalf of Netspend at the phone number provided. Message frequency varies.
(b) Marketing Messages. You expressly consent to receive text messages to the phone number you provide for a Mobile Device for marketing, promotional, or any other purposes relating to the Services. You agree that we may use the phone number you provide for a Mobile Device to send you text messages for marketing purposes, sent via any automatic dialing technology or technology for pre-recorded text messages from Netspend or on behalf of Netspend. Netspend may send you text messages regarding news or updates, including recommendations, to help make the most of the products and services you obtain via the Services. Message frequency varies.
(c) Your Rights to Stop Marketing Messages. You understand that consent to receive text messages is not a condition of using the Services. To stop receiving text messages (i.e., to "unsubscribe"), you may reply STOP to any text message you receive from Netspend. Netspend may send you one (1) text message confirming that you have been unsubscribed, after which you will not receive any additional marketing messages unless you resubscribe. If you are experiencing issues with the messaging program, you can reply with the keyword "HELP" for more assistance, or you can get help directly at ewasupport@netspend.com.
(d) All Messages. Your mobile carrier's message and data rates may apply to text messages. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or may be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your receipt of text messages. Carriers are not liable for delayed or undelivered messages. Enrollment to receive text messages will be available only on participating wireless carriers and require an automated text-message-capable wireless device. Netspend, in its sole discretion, may add or delete a cellular carrier at any time, without notice. Text messaging may not be available from all mobile phone service carriers and handset models, and may not be available in all areas. Your wireless service provider may charge you for each text message, including any error messages, you send and receive. As described in other sections of these Terms of Service, you expressly consent to the terms, conditions, and other provisions contained in Netspend's Privacy Notice.
By agreeing to these Terms of Service, you expressly agree to receive push notifications from Netspend. You may prevent us from sending (i.e., opt out of) push notifications through the settings on your Mobile Device. If you change the settings on your Mobile Device, including by opting out of receiving push notifications via the Netspend App, your restriction or prevention of push notifications may affect your use of the Services.
By providing us with an email address at any time, including when you provide an email address prior to the Effective Date displayed above, or by selecting to use an email address, in connection with the Services, you expressly consent to allow Netspend to contact you by using that email address for any purpose. Without limiting the scope of your express consent under the immediately preceding sentence and to the extent not restricted by applicable law, you agree that Netspend may use the email address you provide for (a) any service-related or transactional messages associated with the Services or (b) marketing, promotional, or any other purposes relating to the Services. You understand that consent to receive marketing email messages is not a condition of using the Services. To stop receiving marketing email messages (i.e., to "unsubscribe"), you may follow the instructions as included in Netspend marketing emails.
You agree that your use of the Services shall be at your sole risk. The Services are provided to you on an "AS IS" basis. Netspend, the Service Provider and any other service providers ("Netspend Parties"), Apple, and Google give no warranty nor make any representation in relation to the Services or the Netspend Content. The Netspend Parties, Apple, and Google expressly disclaim to the fullest extent permitted by law and you waive any representation or warranty on the part of the Netspend Parties, Apple and/or Google relating to the Services or to the Netspend Content, express, implied, statutory and otherwise in connection with the Services, any software licensed or provided to you by the Netspend Parties, Apple and/or Google or other third parties, including any implied warranties of availability of the Services, non-disruption, security, accuracy, loss of data or corruption of data, the use of reasonable care and skill, quality, merchantability, title or entitlement, fitness for a particular purpose, ability to achieve a particular result or functionality and non-infringement of third party rights, as well as warranties arising by usage of trade, course of dealing, and course of performance. Without limiting the foregoing, the Netspend Parties, Apple, and Google do not represent or warrant that the information on the Services or on any websites or apps linked to the Services is accurate, complete or current; that the Services will operate without interruption or error; or that the quality, safety or legality of any Netspend Content, products, services, information or other material purchased or obtained by you through the Services or the Netspend App or agreements you enter with third parties such as advertisers will meet your expectations. The Netspend Parties, Apple, and Google assume no liability or responsibility for any (A) errors, mistakes, or inaccuracies of Netspend Content, (B) personal injury or property damage, of any nature whatsoever (including, without limitation, data loss or corruption), resulting from your access to and use of the Services, (C) unauthorized access to or use of our servers and/or any and all personal information and/or information stored therein, (D) interruption or cessation of transmission to or from the Services, (E) bugs, viruses, Trojan horses, destructive computer codes, or the like which may be transmitted to or through the Services by any third party, or (F) loss or damage of any kind incurred as a result of the use of any Netspend Content posted, emailed, transmitted, or otherwise made available via the Services.
You acknowledge that the Netspend Parties, Apple, and Google have no control over and do not guarantee the quality, safety, or legality of goods or services provided by third parties or advertisers, the truth or accuracy of any third party's or advertiser's content or listings, or the ability of any third party or advertiser to perform or actually complete a transaction or services. You agree to indemnify, defend and hold harmless the Netspend Parties, Apple and Google from and against any claim, loss, obligation, demand, damage, cost, liability, expenses, and attorney's fees arising to any of the Netspend Parties, Apple, and Google as a result of any claim (including claims or damages for personal injury, wrongful death, property damage, and injury to you or to third parties, consequential, compensatory, or punitive damages), demand or proceedings brought or threatened against the Netspend Parties, Apple and/or Google in connection with (A) your use of, access to, or misuse of the Services; (B) your breach of any of these Terms of Service; (C) your violation of any third party right, including without limitation any copyright, property, or privacy right; (D) any claim that one of your user submissions caused damage to an indemnified party or a third party; (E) any transaction you conduct as a result of the contract facilitated by the Services; or (F) any activity related to your Apple ID, Google Account, mobile account, or other internet account, or using your telephone number, email address, or password by you or any other person accessing the Services using your Netspend Account, Apple ID, Google Account, mobile account, other internet account, telephone number, email address, or password.
If the Netspend Parties, Apple, and Google do take any legal action against you as a result of your violation of these Terms of Service, the Netspend Parties, Apple, and Google will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Netspend Parties, Apple, and Google.
In no event shall the Netspend Parties, Apple and/or Google be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from the Services or third party products or services, under these Terms of Service or in connection with their performance or breach, or in connection with any warranties hereunder, or in connection with the Services, including for their negligence, for any indirect, incidental, consequential or special damages, including any loss of profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business, even if the Netspend Parties Apple, and Google have been advised of the possibility of such damages in advance.
The Netspend Parties, Apple and Google will have no liability whatsoever for any damage, liability or loss that you may incur, or for any other undesirable consequences, resulting from: (A) any suspension or disruption of the Services, including where such suspension or disruption results from the Netspend Parties' negligence, (B) any errors, mistakes, or inaccuracies of Netspend Content or third-party content, (C) personal injury or property damage, of any nature whatsoever, (D) unauthorized access to or use of Netspend's, its affiliates', or the Service Provider's (or their affiliates') servers or any and all information stored therein, (E) interruption or cessation of transmission to or from the Services; (F) bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Services by any third party, (G) user submissions, third party websites or apps, or (H) any loss or damage of any kind incurred as a result of your use of any Netspend Content or third-party content, your business transactions or other interactions with any third parties or advertisers, wherein such content or advertisement is posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Netspend is advised of the possibility of such damages. The foregoing limitations of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
The Netspend Parties, Apple and/or Google will have no liability whatsoever for any damage, liability or loss that you or any other person may incur, or for any other undesirable consequences, resulting from your breach of your warranties or other obligations under these Terms of Service, including your obligation to keep your Credentials secure or from the sharing of these details with any other person.
The Netspend Parties' maximum aggregate liability for any single event (or a series of related events) giving rise to a claim in connection with these Terms of Service or in relation to the Services will be limited to Fifty Dollars (US $50.00).
A party will not be in breach of these Terms of Service, nor liable for any failure or delay in performance of any of its obligations under these Terms of Service where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, pandemic, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns (each a "Force Majeure Event"). If a Force Majeure Event occurs that affects the provision of the Services, Netspend will use reasonable efforts to notify you through the Services, the Netspend App, or by email communication.
Netspend may, without any notice to you, terminate your access to and use of the Services if you: (a) breach any provision or obligation on you under these Terms of Service; (b) misuse or challenge Netspend's rights in the Netspend Content; (c) breach any warranty under these Terms of Service, such as by failing to fulfill your warranty to provide information to Netspend that is true in all respects, or (d) breach any obligation to abide by any restriction on the Services, such as if you engage in any kind of conduct, whether via the Netspend App, or any other customer-service channel that Netspend makes available to you, that involves any form of abuse, harassment, or other harmful conduct towards another person (including any employee or contractor of Netspend).
To cancel your use of the Services at any time, stop using the Services, and delete the Netspend App. You may do this at any time without incurring a cancellation fee or a penalty. You acknowledge that removing the Netspend App from your Mobile Device does not automatically terminate your rights to use the Services as you may, at your option, re-download the Netspend App.
If your right to use and access the Services is terminated, all of your personally identifiable information (but not necessarily all of your User Content) may be subject to being permanently deleted from the Services, except that:
(i) Copies of your personally identifiable information may remain stored on backup media, which will be cleansed from time to time;
(ii) Netspend reserves the right to retain records of your personally identifiable information on the Services if it is reasonably required to keep such records for legal purposes including to comply with its legal or regulatory duties, to investigate and respond to complaints (including from other users), to enforce these Terms of Service or to defend itself against any claim or legal threat or allegations or if it requires to retain such data for other legitimate reasons; and
(iii) Netspend shall be entitled to retain any of your User Content that is not necessarily linked to your use of the Services, any data in non-personal information form which may have been extracted or otherwise processed from your personally identifiable information, including any aggregated, anonymized, or otherwise de-personalized data.
The Services may contain links to third-party websites and online services (such as apps) that are not owned or controlled by Netspend. Netspend has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship, or recommendation of the material on these third-party websites or online services or any association with their operators. Netspend will not and cannot control or edit the content of any third-party website or online service.
By using the Services, you expressly release the Netspend Parties, Apple, and Google from any and all liability arising from your use of any third-party website or online service and from any loss or damage of any sort you may incur from dealing with any third party.
Accordingly, Netspend encourages you to be aware when you leave the Services, and you should read the terms and conditions that apply to other websites you visit.
Netspend takes no responsibility for advertisements or any third-party material transmitted through or posted on the Services, nor does it take any responsibility for the products or services provided by service providers with profiles or other Netspend Content accessible through the Services ("Advertisers"). Any dealings you have with Advertisers found while using the Services are between you and the Advertiser, and you agree that Netspend is not liable for any loss or claim that you may have against an Advertiser.
You agree that you bear all risk and you agree to release the Netspend Parties, Apple and Google from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your transactions with advertisers or other third parties.
Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the U.S. or the country in which you reside.
You acknowledge that each of the Netspend Parties is an intended third party beneficiary of your releases, waivers, and covenants given in these Terms of Service, and that Apple and Google are intended third party beneficiaries of your releases, waivers, and covenants in the Apple Required Terms and in the additional terms required by Google, Inc., respectively. Subject to the foregoing, nothing in these Terms of Service is intended to confer any right, remedy, cause of action, or liability on any person other than Netspend and its successors and assigns and you.
These Terms of Service constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms of Service is held by an arbitrator or a court to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter into these Terms of Service by a representation other than those expressly set out in these Terms of Service.
Except as expressly permitted under these Terms of Service, no modification, alteration, or waiver of any of the provisions of these Terms of Service will be effective unless in writing and signed on behalf of each of the parties. No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Netspend's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Nothing in these Terms of Service will create, or be deemed to create, a partnership or joint venture and will not be construed as giving rise to the relationship of principal and agent between the parties.
Neither Netspend nor the Service Provider is your Employer for any purpose, including for any purpose of an employment relationship covered by any labor law, common law of employment, or tax law. Neither Netspend nor the Service Provider acts as an agent of your Employer in making any Electronic Payment to you. Neither Netspend nor the Service Provider acts as an agent, a party to any joint venture, or as the alter ego of your Employer in any respect. Each Electronic Payment to you represents only a payment made in exchange for your intangible right to receive payments from your Employer.
Acknowledgement: Netspend and you acknowledge that these Terms of Service are concluded only between Netspend and you, and not with Apple, and Netspend, not Apple, is solely responsible for the Services and the content thereof.
Scope of License: The license granted to you for the Services is limited to a non-transferable license to use the Services on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support: As between Apple and Netspend, Netspend is solely responsible for providing maintenance and support services, if any, with respect to the Services, as specified in these Terms of Service, or as required under applicable law. Netspend and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Warranty: As between Apple and Netspend, Netspend 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 Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the relevant App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Netspend's sole responsibility.
Product Claims: Netspend and you acknowledge that Netspend, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: Netspend and you acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Netspend, 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 country or territory that is subject to a sanctions program (e.g., designated by OFAC); and (ii) you are not identified on any list prepared by the U.S. Government describing prohibited or restricted parties.
Developer Name and Address: Netspend may be contacted in connection with any questions, complaints, or claims with respect to the Services.
Third Party Beneficiary: Netspend and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
These Terms of Service constitute a license agreement in lieu of any license grant provided by Google to use the apps on a supported device.
A "Supported Device" is a combination of a mobile device running Android software and an Android software version(s) that is supported by the Netspend mobile application. These Terms of Service are made only between you and Netspend, and not with Google. Netspend is solely responsible for the Netspend mobile application.
The Google Play Marketplace is owned and operated by Google Inc. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at https://www.google.com/accounts/tos) and the Google Play Terms of Service (found at https://play.google.com/intl/en-us_us/about/play-terms.html and together with the Google Terms of Service called the "Terms"). The Google Play Terms of Service and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
Netspend is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the Netspend mobile application. Support requests, as well as questions, complaints, or claims regarding the Netspend mobile application, may be directed to Netspend Support, 209 10th Ave S., Suite 160, Nashville, TN 37203-0702. You may also contact Netspend by email at EWAsupport@netspend.com.
To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Netspend mobile application, and will not be liable for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty.
Google shall not be responsible for addressing any claims by you or any third party relating to the Netspend mobile application or your possession and/or use of the Netspend mobile application, including but not limited to (I) product liability claims, (II) any claim that the Netspend mobile application fails to conform to any applicable legal or regulatory requirement, or (III) claims arising under consumer protection or similar legislation.
Google shall not be responsible for the investigation, defense, settlement, or discharge of any claim that the Netspend mobile application or your possession and use thereof infringes a third party's intellectual property rights.
You represent and warrant that (I) the service(s) will not be downloaded or used in, or transported to, a country that is subject to a United States Government embargo or has been designated by the United States Government as a "terrorist-supporting" country, and (II) you are not listed on any United States Government list of prohibited or restricted parties.
For the improvement of Google Play, Google may collect certain usage statistics from Google Play and your supported device, including but not limited to, information on how Google Play and your supported device are being used. The data collected is examined in the aggregate to improve Google Play for users and developers and is maintained in accordance with Google's Privacy Policy. We can neither control nor are responsible for the privacy practices of Google. To ensure the improvement of the Netspend mobile application, limited aggregate data may be available from Google to Netspend upon Netspend's written request.
Removal of Netspend Mobile Application. Netspend or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the Netspend mobile application, or delete the Netspend mobile application from your supported device, without entitling you to any refund, credit or other compensation from Netspend or any third party (including, but not limited to, Google Inc. or your network connectivity provider).
Netspend's Privacy Notice describes the treatment of your personally identifiable information (sometimes defined as "nonpublic personal information") when using your Netspend Account and your User Content. By agreeing to these Terms of Service, you expressly consent to the terms, conditions, and other provisions contained in Netspend's Privacy Notice, which is separately delivered to you. You further agree that your consent to Netspend's (or the Service Provider's) collection, use, disclosure, or other activity relating to the treatment of personally identifiable information about you or your User Content is based on the valuable consideration of your use of the Services (even though Netspend does not charge you specifically for your use of the Netspend App); provided, however, that any act (or omission or failure to act) relating to Netspend's (or the Service Provider's) collection, use, disclosure, or other activity relating to the treatment personally identifiable information about you covered in Netspend's Privacy Notice shall not be part of these Terms of Service. If there is a conflict between these Terms of Service and Netspend's Privacy Notice, then Netspend's Privacy Notice shall have precedence with respect to the subject matter covered by it; otherwise, these Terms of Service shall have precedence.
As explained in further detail in the E-Sign Agreement, authorization to electronically receive any and all communications or disclosures related to your Netspend Account, including any of the Services, an Electronic Payment, and any related products and services, is a condition of the Netspend Account. If you revoke your consent to receive such communications and disclosures electronically, you must cancel your use of the Services and delete the Netspend App.
Definitions of the following terms can be located as follows in these Terms of Service
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