Address: 209 10th Ave S, Ste. 160 Nashville, TN 37203-0702
Website: care@rain.us
Phone Number: (855) 696-1556
IMPORTANT NOTICES:
This Demand Deposit Account Agreement (“Agreement”) sets forth the terms and conditions that govern your Rain Bank Account (“Account”). “Accountholder”, "you" and "your" means the person who has opened and owns the Account. "We," "us," "our" and “Bank” mean Pathward®, National Association, a federally chartered bank, Member FDIC, and our successors, affiliates or assignees. “Rain” refers to Rain Technologies Inc., which is the company that performs certain services related to your Account on our behalf. Please read this Agreement carefully and keep it for future reference.
DEFINITIONS
ABOUT YOUR ACCOUNT
Your Account is a demand deposit checkless checking account, meaning that transfers made to or from the account may only be made electronically.
The Account is not a prepaid account or a credit product. You will not receive any interest on the funds in your Account. This Account is not designated for business use, and we may close your Account if we determine that it is being used for business purposes. We may close your Account or refuse to process any transaction involving your Account that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. You may not use your Account for any illegal transactions or any activity prohibited by this Agreement.
You agree to pay any Fee that you incur in connection with your Account, as shown on the Fee Schedule. Fees assessed to your Account balance may bring your Account balance negative. Any time your Account balance is less than the amount of the Fee(s) being assessed to your Account or your Account balance is already negative, the assessment of the Fee will result in a negative balance on your Account or increase the negative balance on your Account, as applicable. If that occurs, any subsequent deposits to your Account will first be applied to the negative balance.
Once you fund your account, you will be able to provide Pathward with instructions about the funds accessible through your account. Your funding or use of your account authorizes us to hold your funds at Pathward or act as your custodian to place your funds at one or more participating FDIC-insured banks (each a “Program Bank”). Visit www.pathwardprogrambanks.com to find the most up-to-date list of Program Banks. If you do not agree to Pathward placing your funds as custodian at other Program Banks, please immediately transfer or spend all the funds in your account or contact Customer Service above to close your account and request your funds in the form of a paper check at no charge.
Your funds are eligible for deposit insurance up to the applicable limits by the Federal Deposit Insurance Corporation (“FDIC”). In the event the FDIC were to be appointed as a receiver for Pathward or a Program Bank, your funds, aggregated with any other funds you have on deposit at such institution would be eligible to be insured up to $250,000 for each legal category of account ownership, subject to compliance with FDIC deposit insurance requirements. You are responsible for monitoring the total amount of all direct or indirect deposits held by you or for you with Pathward and the Program Banks for purposes of monitoring the amount of your funds eligible for coverage by FDIC insurance. To assist with calculating your FDIC deposit insurance coverage, the FDIC has an Electronic Deposit Insurance Estimator available at https://edie.fdic.gov.
GETTING STARTED
Verification Process
Important information for opening an Account: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens an Account.
What this means for you: When you open an Account, we will ask for your name, street address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other documents at any time.
Accounts are opened subject to our ability to verify your identity by requiring acceptable types of identification. We may validate the information you provide to us to ensure we have a reasonable belief of your identity. If we are not able to verify your identity to our satisfaction, we will not open your Account or we may close the Account if it was previously funded and issue a refund check to the address used to request the Account. We reserve the right to not open an Account for anyone in our sole discretion. We may also limit the number of Accounts that you have in our sole discretion. Your Account is subject to fraud prevention restrictions at any time, with or without notice.
Eligibility and Activation: To be eligible to use and activate this Account, you represent and warrant to us that: (i) you are citizen or permanent resident of the fifty (50) United States or the District of Columbia who can lawfully enter into and form contracts under applicable law in the state in which you reside; (ii) the personal information that you have provided to us is true, correct and complete; (iii) you have read this Agreement and agree to be bound by and comply with its terms.
Card Activation. In order to complete the process of opening your Account and to access the funds on deposit in your Account, you must activate the Card you received from us in connection with your Account. To activate your Card, you must call Customer Service or visit the Customer Service website.
ACCOUNT FUNDS
Deposits
Deposits may be made only in the form and manner we permit in our sole discretion. Only electronic deposits are permitted, as set forth in the chart below. We may, at our sole discretion, refuse to accept any deposit. If an Item you deposit is returned unpaid, we will debit your Account, and assess any other fee we pay or loss we incur. In addition, you are liable to us for all costs and expenses related to the collection of any amount from you. Funds deposited to your Account are available as described below under “Your Ability to Withdraw Funds”. Cash Transfers will not be FDIC insured until we receive the funds even if we make the funds available to you prior to receipt as described below.
Any transaction to obtain an Earned Wage Payment from Rain or its affiliates or to instruct Rain or its affiliates to deposit an Earned Wage Payment to your Account is made pursuant to your EWA Agreement. The terms and conditions for an Earned Wage Payment, including any fee(s) charged for such Earned Wage Payment, is governed by your EWA Agreement, and not by this Agreement. For example, any fee imposed relating to an Earned Wage Payment (e.g., for expedited delivery of payment) is separate from any Fee that we may impose under this Agreement.
The following limits apply to deposits and transfers to your Account:
Deposit transactions may be subject to a Fee as set forth in the Fee Schedule. If you arrange to have funds deposited directly to your Account through an ACH credit transaction, you must enroll with the entity making a payment to you by providing our routing number and your Account number. If applicable, Cash Transfer providers may require you to meet certain identification requirements, including presenting your Card, in order to complete Cash Transfers. Except for the deposit transactions set forth above that you have authorized, no other person can deposit money into your Account on your behalf, and we reserve the right to reject any such deposit. We will not accept any checks, money orders or cash mailed or otherwise provided to us for deposit, or any inbound wire transfers to your Account. We are not liable for any checks, money orders or cash mailed to us.
Our policy is to make funds from your electronic deposits available on the Business Day we receive the deposit. But we reserve the right to delay the availability of deposits funded by ACH debit of an external bank account to allow us time to verify the external account and receive payment on collected funds. Once the funds are available, you can withdraw them in cash and we will use them to pay Card transactions and other transactions permitted on the Account. We reserve the right to refuse any deposit.
If final payment is not received on any item you deposit to your Account, or if we are required to return any direct deposit or ACH credit transaction for any reason, you agree to pay us the amount of any returned item we previously credited to your Account.
You may arrange to have funds transferred by ACH to your Account by your employer or other appropriate payor. In case of transmission error, or transfer irregularity, your ability to withdraw funds may be delayed. If this occurs, then funds will generally be available within five (5) Business Days after we receive the deposit. Note that after we make funds available to you, and you have spent, sent or withdrawn all or a portion of the funds, you are still responsible for any problems involving your deposit.
If you have arranged to have direct deposits made to your Account at least once every 60 days from the same person or company, you can contact Customer Service to find out whether or not the deposit has been made.
Generally, your deposits and withdrawals are processed as follows:
Unless manual review is needed, Direct Deposits and any other ACH credits (including Cash Transfers) are added to your Available Balance at the time we receive and process the applicable ACH file or at the time we receive pending deposits that are immediately available for your use. ACH debits are deducted from your Available Balance in the order of lowest to highest dollar amount if multiple ACH debits are present in a single ACH file that we process.
Transactions received real-time during the day are processed as they occur. Debit transactions received during the day are debited from your Account as they occur if there is a sufficient Available Balance in the Account to pay them (for example, ATM and other Card transactions). Please note: Your Available Balance may not reflect every transaction you have initiated or previously authorized (e.g., pre-authorized debit transaction holds that are later released).
Fees for services we provide that have not already been debited from your Account are deducted from your Available Balance after other transactions have been processed.
Even if we provisionally post items to your Account during the day, we may treat them as if we received all of them at the end of that same day.
Third-Party transfers.
Funds sent to us through eligible third-party service providers offering money transmittal services or Cash Transfers. Generally, funds that we receive from you through one of these eligible third-party service providers will be available to you when we receive the funds from the third-party service provider and we have had a reasonable time to process the funds for deposit to your Account. Please see the applicable third-party service provider’s terms of service for information about their processing and transmission timeframes. We may also, from time to time, enter into an arrangement with a third party service provider which permits us to make funds you deposit with us through Cash Transfers available to you prior to the time we actually receive the funds because the third party service provider has informed us that the Cash Transfer is in the process of transmittal to us. Please note that even if we make funds available to you prior to our actual receipt, those funds will not be FDIC insured until we receive them.
Other Types of Deposits.
Funds availability rules for other types of deposits will be disclosed to you at the time those other deposit options are offered to you.
USING YOUR ACCOUNT
Accessing Funds and Limitations
Each time you use your Card or another permitted method to access funds in your Account, the Available Balance in your Account will be reduced by the amount of the transaction and applicable Fees. Generally, you may not exceed the Available Balance in your Account through an individual transaction or a series of transactions. Any permissible transactions to overdraw your Account are subject to any availability of or terms applicable to courtesy coverage or the Overdraft Protection Service. See details below regarding the Overdraft Protection Service. If a transaction on your Account exceeds the balance of the funds available in your Account, you will remain fully liable to us for the amount of the transaction and any corresponding transaction Fees(s) and agree to pay us promptly for the negative balance. If your Account has a negative balance, any deposits will be used to offset the negative balance. We may also, to the extent permitted by applicable law, use any deposit or balance on another account you have with us to offset a negative balance in your Account. If you have not deposited sufficient funds to your Account to cover the negative balance within sixty (60) days of its creation, we may close your Account. Additionally, we have the right to pursue collection, including the right to collect funds, equal to or less than the negative balance, from any other account(s) you may have with us. If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself. The following types of electronic fund transfers are available on your Account:
ACH Debits. You may provide another party the ability to initiate transfers from your Account (on a one-time or recurring basis) through an ACH transaction. If you authorize the party initiating the withdrawal with advance authorization to make recurring ACH transfers to or from your Account, the transfers are referred to as "preauthorized transfers."
ATM or POS cash withdrawals. With your PIN, you may use your Card to obtain cash from ATM or any Point‐of‐Sale (“POS”) devices, if and as permitted by the relevant merchant, bearing an acceptance mark displayed on the Card. ATM transactions are treated as cash withdrawal transactions. You may also obtain your Account balance through certain ATMs. See the Fee Schedule for information about Fees that may be applicable to the use of your Card to obtain cash or Account balance information. In addition, some or all transactions may be subject to a surcharge assessed by the terminal owner. Any cash withdrawn through an ATM or POS device transaction, or through a participating bank, will be subject to the limitations set forth in the section below labeled “Limits.” Cash withdrawals are available up to the daily authorization limits disclosed below, provided the Available Balance in your Account is greater than or equal to the amount requested plus any Fees that may be charged along with the cash withdrawal. Cash withdrawals may also be subject to varying daily limits at the terminal owner’s discretion. If you use your Card and PIN to obtain Account balance information through an ATM, please note that the balance information provided may not reflect recent transactions and may include funds that are not available for immediate withdrawal.
Cash withdrawals at a participating financial institution. You may use your Card to obtain cash through an over the counter transaction at a participating financial institution.
Card Purchases. You may use your Card to purchase goods and services from merchants that accept Cards bearing an acceptance mark displayed on the Card as a method of payment.
Account Transfers. By using a transfer option available on your Account within the OAC or Mobile App, you may direct that funds be transferred from your Account to: (i) other accounts you own and hold with us; (ii) other accounts you own and hold at certain other financial institutions; or (iii) third-party accounts held by other people or at other financial institutions. Account transfers may be subject to separate terms and conditions applicable to OAC or the Mobile App.
Limits
The following limits apply to transactions on your Account:
Foreign Transactions
If you make a purchase or obtain cash using your Card in a currency or country other than US Dollars ("Foreign Transaction"), the amount deducted from your Account will be converted by the network or card association that processes the transaction into an amount in the currency of your Account. The rate they choose is either: (1) selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself receives), or (2) the government-mandated rate in effect for the applicable central processing date. The conversion rate selected by the network is independent of any Fee that we charge as compensation for our services. You will be charged a Fee for Foreign Transactions in U.S. dollars as disclosed in the Fee Schedule. If a Foreign Transaction results in a credit due to a return, we will not refund any Foreign Transaction Fee that may have been charged on your original purchase.
Preauthorized Transfers
Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your Account, you can stop any of these payments. Here’s how: (i) Call or write us with the Customer Service Contact Information, provided at the start of this Agreement; (ii) You must in time for us to receive your request at least three (3) Business Days or more before the payment is scheduled to be made; and (iii) if you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you tell us you want to stop such payments. There may be a Fee associated with each stop payment order you give. For information about the Fee, please see the Fee Schedule. To stop a recurring payment to a merchant you have preauthorized to debit your Account, you may also contact the merchant to request that the recurring payment be cancelled. If you have arranged for recurring payments to a merchant using the bill pay services available through an eligible third-party service provider, you should first contact the applicable third-party service provider to cancel the recurring payment.
Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay is required to tell you, 10 days before each payment, when each payment will be made and how much that payment will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments three Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Our Liability for Failure to Complete Transactions
If we do not complete a transaction to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages. However, there are some exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough funds available in your Account to complete the transaction;
(2) If a merchant refuses to accept your Card;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly and you knew about the problem when you initiated the transaction;
(5) If access to your Account has been blocked after you reported your Card or PIN lost or stolen;
(6) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;
(9) In the case of pre-authorized credits, the data from the third party is not received, is incomplete or erroneous; or
(10) For any other exception stated in our Agreement with you.
Authorization Holds
With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Account may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds. You do not have the right to stop payment on an authorized purchase transaction, except as otherwise provided herein. If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $100.00 or more. If your Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier.
CONFIDENTIALITY
We may disclose information to third parties about your Account or the transactions you make:
(1) When the disclosure is necessary for completing transactions;
(2) In order to verify the existence and condition of your Account for a third party, such as merchant;
(3) In order to comply with government agency or court orders, or other legal reporting requirements;
(4) If you give us your written permission;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed; or
(6) As otherwise necessary to fulfill our obligations under this Agreement.
DOCUMENTATION
Periodic Statements
You will be able to review Account transactions and Account statements through the OAC. If you have consented to receive electronic communications, we will send you an email that your Account statement is available on the OAC, and the Account statement shall be deemed received on the date that it is posted to the OAC. Paper statements will only be sent to you if you have not consented to receive electronic communications. If you have not consented to receive electronic communication, periodic statements will be sent by mail to you (at the address we have for you on file) for each monthly cycle in which an electronic funds transfer has occurred.
Periodic statements will be provided for each monthly cycle in which an EFT occurs. If no EFT has occurred, a periodic statement will be provided at least quarterly. If your Account is dormant, we may stop sending you account statement emails, posting statements to the OAC, or mailing statements. Your Account is dormant if your Account has not had any customer-initiated activity, that is, no purchases; no cash withdrawals; no cash remittances; or no balance inquiry fees for 365 consecutive days. For security reasons, we may refuse a withdrawal or transfer from Accounts we internally classify as dormant if we cannot reach you in a timely fashion to confirm the transaction's authorization.
Receipts
You can get a receipt at the time you make any transfer to or from your account using an ATM or point-of-sale terminals. You may need a receipt in order to verify a transaction with us or the merchant.
LOST OR STOLEN CARDS; UNAUTHORIZED TRANSACTIONS.
Contact Customer Service Immediately
If you believe your Card or Access Device has been lost or stolen, contact us by using the Customer Service Contact Information. You should also call or write to Customer Service if you believe a transfer has been made without your permission.
Your Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Card or Access Device has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Calling us, at (424) 369-7246 (or at another number provided in the Customer Service Contact Information), is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within two (2) Business Days after you learn of the loss or theft of your Card or Access Device, you can lose no more than $50.00 if someone used your Card, Account, or Access Device without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your Card or Access Device, and we can prove we could have stopped someone from using your Card, Account, or Access Device without your permission if you had told us, you could lose as much as $500.00. If your Card, or Access Device has been lost or stolen, we will deactivate your Card or Access Device, as applicable, and issue you a new one to keep losses down.
Also, if your statement shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us within 60 days after the statement was delivered to you, you may not get back any money you lost after the 60 days 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 (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods for a reasonable period.
In case of errors or questions about your Electronic Transfers
Contact Customer Service as soon as you can if you think an error has occurred in your Account. You must contact us no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. You will need to tell us:
(1) Your name and Card or Account number;
(2) A description of the error or the transaction you are unsure about;
(3) An explanation of why you believe it is an error or why you need more information; and
(4) The dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error. We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation. If you have any further questions regarding our error resolution procedures, please contact Customer Service.
Your Liability for Unauthorized Discover, MasterCard, or Visa Transactions
Under MasterCard’s Zero Liability Policy, your liability for unauthorized transactions using your Card is $0.00 if you notify us promptly upon becoming aware of the loss or theft, and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. These provisions limiting your liability do not apply to debit transactions not processed by MasterCard.
Under Visa’s Zero Liability Policy, your liability for unauthorized transactions on using your Card is $0.00 if you notify us immediately and are not grossly negligent or fraudulent in the handling of your Card. These provisions limiting your liability do not apply to debit transactions not processed by Visa or foreign ATM withdrawals.
ADDITIONAL TERMS OF THE AGREEMENT
Personal Identification Number (“PIN”)
You need to use a PIN in order to conduct certain transactions. Your PIN is unique to you and to your Account. To set your PIN, you need to use the Rain App and click the “Cards” icon. From there, you will follow the steps on the “Card Activation” page, where you can click on the link for “Activate Card.” Next, you need to verify your card number, and verify the CVV for the card, which is located on the back of the card. Next, select and confirm your PIN. Please note, if you leave the process for “Activate Card” at any point—for example, after correctly entering your Card Number and CVV but before setting your PIN—the card will not be activated, and you must restart the process.
You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in this Agreement.
Returns and Refunds
If you are entitled to a refund for any reason for goods or services purchased with your Account, the return and refund will be handled by the merchant. If the merchant credits your Account, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs. We are not responsible in any way for any goods or services you decide to purchase, including without limitation, their quality, safety, legality or delivery. We will not become involved in any dispute involving such goods or services. You also agree to release us and our respective directors, officers, employees and agents from any and all claims, demands and damages between persons using and accepting the Card associated with your Account, including any claims, demands or damages arising out of or related to the purchase or sale of goods or services.
Card Replacement and Expiration
If you need to replace your Card for any reason, please contact Customer Service (Fees may apply, see the Fee Schedule). You will be required to provide personal information which may include your Card number, full name, transaction history, and similar information to help us verify your identity. Please see the Fee Schedule for any applicable Fees to replace your Card. Please note that your Card has a “Valid Thru” date on the front of the Card. You may not use the Card after the “Valid Thru” date on the front of your Card. You will not be charged a Fee for replacement Cards that we send due to expiration of the Card.
Additional Cards/Authorized Users
The Account may only be owned and titled in the name of one individual. Account ownership is nontransferable. The Account cannot be owned or titled jointly, by an organization, as “Payable on Death” or “In Trust For”. You may not permit another person to have access to your Card or Account other than by requesting us to issue an additional Card that will access the funds in your Account to another person. If you do, that person will be an “authorized user” on the Account and will be able to create Card transactions or other transactions that debit the Account, make deposits to the Account and have access to information about the Account and Cards and to engage in transactions through OAC and the Mobile App. If you do provide access to your Card or Account, or authorize us to issue another Card on your Account, you are liable for all transactions conducted using the Card and any additional Card or the Account, including any Fee that we may impose in connection with the use of any additional Card that will access the funds in your Account. You are wholly responsible for the use of each Card and Account according to the terms of this Agreement, subject to the terms of this Agreement and applicable law.
Communications
You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you with any contact information you provide to us, including cellular and wireless phone numbers, landline numbers, and email addresses. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.
Please note, certain optional features may require your consent to receive electronic communications from us. If you do not consent or withdraw your consent to electronic communications, we may terminate your Account or any services that rely on electronic communications.
Change of Address
You are responsible for notifying us immediately upon any change to your address or email address. If your address changes to a non-US address, we may close your Account and return funds to you in accordance with this Agreement. You are responsible for notifying us of any change in your physical address, mailing address, email address, phone number, or your name, no later than two (2) weeks after said change. We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.
We cannot accept responsibility for any e-mail messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your e-mail account available to any other individual, you agree that you are responsible for any release of any Account information to such individual. It is your sole responsibility to ensure that the e-mail address you provide to us is current and accurate. We are not responsible for loss of messages and other consequences if you do not provide an accurate and current e-mail address.
OPTIONAL FEATURES AND SERVICES [Reserved.]
LEGAL NOTICES
English Language Controls
Translations of this Agreement that may have been provided to you are for your convenience only, and the translated version(s) may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.
Account Closure
You may close your Account by contacting us via the Customer Service Contact Information. Your request for Account closure will not affect any of our rights or your obligations arising under this Agreement prior to the request. Should your Account be closed, we will issue you a credit for any remaining balance on your Account, subject to any Fees (see your Fee Schedule for applicable Fees, if any). We reserve the right to close your Account should you complete or attempt to complete any of the prohibited actions in this Agreement.
We may close your Account at any time with or without cause. We may try to notify you in advance should this be necessary, but we are not obligated to do so unless required by law. If we close your Account, we will, unless otherwise required by law, send you a check for your final balance, if any, minus any applicable Account Fees and charges. If your Account balance is insufficient to pay applicable Account Fees and charges owed to us, you will continue to be liable to us for the unpaid amount until it is paid in full. Your obligations for transactions conducted prior to Account closure will survive the closure of the Account.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING OUR SERVICES OR ANY FINANCIAL SERVICE OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Assignability
You may not assign or transfer your Account or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in your Card account. If we assign our rights, you will get a notification from us.
Amendment and Cancellation
We may change this Agreement at any time. We may add new terms or delete or amend existing terms, add new services and discontinue existing services, or convert existing services into new services. We will give you reasonable notice in writing or by any method permitted by law of an adverse change to this Agreement. However, if the change is made for security purposes, we can implement such change without prior notice unless otherwise required by law. We may, but are not required to, notify you of changes that we make for security reasons or that we believe beneficial or otherwise not adverse to you. When we change this Agreement, the then-current version of this Agreement supersedes all prior versions and governs your Account. If you continue to use your Account or keep it open, you are deemed to have accepted and agreed to any changes, as of the effective date of any such change.
Legal Process
Your Account is established and maintained at our main office in Sioux Falls, South Dakota. We will comply with all applicable law in connection with any legal process validly served upon us in connection with the Account including, but not limited to, garnishments, restraints, seizure notices, subpoenas, and similar legal process. Unless required by applicable state or federal law, we will not assert any claims of exemption on your behalf. You agree that we will have no liability to you in the event we properly comply with any such valid Legal Process.
Other Terms
We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a Fee in an amount that is less than described in the Fee Schedule, or not all, for any reason does not waive our right to begin charging the Fee as set forth in this Agreement without notice). If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement is governed by the law of the state of South Dakota except to the extent governed by federal law. With the exception of disputes subject to the Arbitration Clause below, any disputes relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the federal and state courts located in the state of South Dakota. You acknowledge and agree that we will have a right of setoff to apply the funds in your Account to any debt that you owe to us. You further grant us a security interest in all of your funds in our possession as collateral for any sums that you owe us under this Agreement. Should your Account have a remaining balance after a certain period of time, we may be required to remit the remaining funds to the appropriate state agency. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter addressed herein, and supersedes any prior contemporaneous understandings or agreements with respect to such subject matter.
JURY TRIAL WAIVER
YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE DISPUTE CLAUSE SET FORTH IN THE FOLLOWING SECTION, IF APPLICABLE.
ARBITRATION CLAUSE
We have put this Arbitration Clause in question and answer form to make it easier to follow. However, this Arbitration Clause is part of this Agreement and is legally binding. For purposes of this section, our “Notice Address” is: Pathward, N.A., Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108.
Pathward®, N.A., Member FDIC, 5501 S. Broadband Lane, Sioux Falls, SD 57108
© 2025 Pathward®, N.A.
v. 5.1
© 2026 Rain Technologies Inc.
