USER AGREEMENT

End User License Agreement (EULA)

Please read the following terms and conditions carefully. They govern your access and use of this digital application and service. 

Section I – GENERAL TERMS AND CONDITIONS

Communication and Information may be provided in an electronic format. You agree that We may provide You with Communication and Information in electronic format. Your consent to receive electronic Communication and Information includes, but is not limited to:

                  *All disclosures and communications from Got Money.
                      *Privacy policies and notices.
                     *All emails, text messages, and website notices (within your account and public).

EACH PARTY (OR ANY OF A PARTY’S OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) OR ANY OF A PARTY’S AFFILIATES OR VENDORS (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (HOWEVER ARISING), INCLUDING, BUT WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST PROFITS, ANTICIPATED PROFITS, LOST BUSINESS OR INJURY TO BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL LIABILITY TO THE OTHER PARTY, WHETHER ARISING IN TORT(INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF THE AMOUNT OF FEES PAID OR CHARGED BY PARTY IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM, NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00). THE PARTIES AGREE THAT THIS IS A REASONABLE ALLOCATION OF RISK, WHICH THE PARTIES HAVE RELIED UPON IN PRICING THESE SERVICES AND WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.

Contents are included in this Service solely for the personal use of Service users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the contents of this Service without the prior written consent of Got Money, which may be withheld in its sole discretion. We may deactivate and/or close Your account for any reason at any time.

You agree not to give or make available Your password or other means to access Your account to any unauthorized individuals.  If you permit Authorized Users or other persons to use the Service or Your password or other means to access Your account, You are responsible for any transactions they authorize or process.  If You believe that Your password or other means to access Your account has been lost or stolen or that someone may attempt to use the Service without Your consent or has transferred money without your permission, You must notify Us immediately.

In case of errors or questions about your Service transactions, you should as soon as possible notify us via the following:

Email us at [email protected]

Except where otherwise expressly noted or as noted below, all Contents of this Service, including the graphics, icons and overall appearance of the Service, are the sole and exclusive property of Got Money and/or its subsidiaries or affiliates. Certain of Got Money’s trademarks and/or Service marks are also listed below. The posting of the Contents of this Service neither constitutes a waiver of any of Got Money's proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, Service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Service user or to any third party. Contents of this Service are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the Service.   
            

Got Money™ is a trademark of Got.Money

The display of third-party trademarks within this Service does not grant a license of any kind to the reader. Any downloading of material contained in the site, or of any site linked to the site may be a violation of federal trademark and copyright laws. Any downloading of Contents of this Service or any Service linked to this Service may be a violation of federal and other trademark laws and federal copyright laws.

You may access and display our content from our site for non-commercial, personal, or entertainment use to learn about our product. Outside of this, nothing may be copied, downloaded, posted, etc.

If you link to the Got Money Site you agree not to: 

create frames around the Site or use otherwise alter the Site's visual presentation;

imply that We are endorsing You or Your products and services or Your website;

imply an affiliation between You and Us without Our prior written consent;

present false or misleading impressions about Our products and services or Your products and services;

contain materials that may be interpreted as distasteful or offensive.

In establishing links, You must not represent in any way, expressly or by implication, that You have received the endorsement, sponsorship or support of Got Money. You agree to remove any links You have to Got Money immediately upon Our request.

Got Money may establish links between this Service and one or more Services operated by third parties. Got Money has no control over any such other Services or the contents therein. The existence of any such links shall not constitute an endorsement by Got Money of such Services, the contents of the Services, or the operators of the Services. We are not responsible for privacy practices of any other site or Service. You should take caution whenever going to another site.

Except where expressly indicated otherwise, transmissions to and from this Service or directed to Got Money, including E-mails, are not sent in a secure form, and can be intercepted by third parties and may not be immediately received by the appropriate business unit at Got Money. Please do not use E-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please write to us instead at this address:         

                  Got Money, 4250 Keith Bridge Rd, Ste 200, Cumming, GA 30041 Attention: Customer Service. 

Any transmission to this Service, including   E-mails shall be deemed and remain the property of Got Money. Got Money shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Service user to Got Money through this Service.

Got Money may at any time make modifications, changes, and alterations to the Contents of this Service, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Service following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. All disputes, to the maximum extent permitted by applicable law, any controversy or claim between You and Us or our subsidiaries and affiliates, and Our and their respective officers, directors and employees, arising out of or relating to this Agreement or Your use of the Service, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.  You agree that the arbitration shall take place in the United States of America, State of Georgia, Forsyth County.

All disputes are to be settled on an individual basis. You acknowledge that you waive your right to participate as a class member, or as consolidated actions within Small Claims Court. If this Class Action Waiver is held unenforceable, in whole or in part, as to any claim, then the Agreement to Arbitrate also will be reviewed in order to identify its ability to apply to that claim. You may opt out of this Agreement, at which time your account will be terminated. ?

To the maximum extent permitted by applicable law, you hereby release, agree and covenant not to sue Us, Our subsidiaries and affiliates, and Our and their respective officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Website or your use of this Website, other than for Our willful misconduct or Our failure to honor an express commitment posted on the Website (i.e., if We fail to deliver materials or information to You which You paid for). If You are a California resident, You hereby waive California Civil Code Section 1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Section II – USER-SPECIFIC GENERAL TERMS AND CONDITIONS

General Description of Payments & Funds Transfer Service Agreement

This Payments & Funds Transfer Service allows You, using a supported internet browser on a computer, phone, or tablet to:
            

Create ledger entries (not a bank account) in Your name, and store money there.
            

Connect a bank account from which You may send and receive money.
            

Send money to other users of the Service.
            

Receive money from other users of the Service.

Send money to people or businesses outside of the Service.
            

Review available funds held in your ledger account.
            

View contact telephone numbers and additional contact details.
            

View account alerts and notifications.
                  

View payments and credits to Got Money.
                  

Send us secure mobile mail messages and questions regarding the Payments & Funds Transfer Service.

Create and use QR codes and Payment Links.

Manage Personal or Business details and preferences.

Some of the above Services may not be available for certain accounts or customers. All users must enroll with a U.S. address, email address and/or U.S. mobile phone number, and US deposit account (held at a US Financial Institution). Your financial institution must permit electronic funds transfers (ACH) to and from that account. Only one ledger (Got Money) account can be registered per Phone Number, Email Address, and other unique identifier used to delineate Your identity. 

All transactions processing, approval of accounts, allocation of reserves, and any handling of funds, monitoring accounts, and compliance with local, State, and Federal laws and regulations are the responsibility of Portage Bank (Ceylon, MN).

For questions relating to our affiliate bank/s, please write us at Got.Money, Attention: Affiliate Bank Operations, 4250 Keith Bridge Rd, Ste 200, Cumming, GA 30041. We will immediately review and pass along your communications.

We reserve the right to use any financial institution to process any or all external debits and credits related to this System.

1. Ledger Creation 

Signing up for this Payment & Funds Transfer Service

ACCOUNT CREATION IS DONE ONLINE THROUGH THE GOT MONEY WEBSITE THROUGH ANY SUPPORTED BROWSER.

IT IS POSSIBLE THAT FUNDS MAY BE SENT TO YOU WITHOUT YOU HAVING AN ACCOUNT OR USE OF EMAIL OR PHONE.
                        

DUE DILIGENCE MAY BE REQUIRED

Some of the BELOW Services may not be available for certain accounts or customers.

2. Internal Ledger Transfers

Processing of Transfer Requests     

Transfers can be made in two (2) ways, on a one (1) time basis. One-time transfers may be immediate or scheduled for a future date. The recurring transfer feature may be used when a set amount is transferred at regular intervals.

INTERNAL LEDGER: Transfers between internal ledgers happen immediately. 
                        

EXTERNAL ACCOUNTS: Transferring funds to your bank account will take One to Five (1-5) business days.   

Transfers from a deposit account (excluding investment accounts) are immediately reflected in the account's available balance.
            

NOTE:      TRANSFERS WITHIN THIS SERVICE CANNOT BE REVERSED. WHEN YOU MAKE OR RECEIVE A PAYMENT OR FUNDS TRANSFER, IT CANNOT BE UNDONE. BEWARE OF THIS FACT WHEN SENDING AND RECEIVING MONEY THROUGH THE SYSTEM.

3. Scheduled and Recurring Transfers

Processing of Transfer Requests         

Transfers scheduled for a weekend, or a non-bank business day will be processed on the prior bank business day. All other scheduled and recurring transfers will be processed from the funding account at the beginning of the bank business day requested.

For customers having opened their deposit account in any state, funds transferred to the ledger (excluding transfers from a credit card) prior to 11:59 p.m. Eastern Time on a business day will appear with the same day's date in the deposit account transaction history.                    
                                    

NOTE:    TRANSFERS TO ANY DEPOSIT ACCOUNT ON A SATURDAY, SUNDAY, OR A FEDERAL BANK HOLIDAY, WILL APPEAR WITH OUR NEXT BUSINESS DAY’S DATE IN THE LEDGER TRANSACTION HISTORY.

4. External/ACH Account Transfers

Processing of Transfer Requests                                  

                        We may require proof of Identity from You on any External Transfer for any reason. 

                        We do not allow the use of Savings Accounts.

Transfers and Payments made using the Service are subject to limitations which reflect the risk profile of the individual user. The following limitations give a general outline of the Services:

One (1)-time immediate transfers within the ledger can be for any amount between One Penny ($0.01) and Nine Hundred Ninety-Nine Thousand Nine Hundred Ninety-Nine Dollars and Ninety-Nine Cents ($999,999.99). We reserve the right to change the amounts at time for any reason.

One (1)-time immediate external transfers can be for any amount between Five Dollars ($5.00) and Twenty-Five Thousand Dollars ($25,000.00). We reserve the right to change the amounts at time for any reason. 

All transfer limits are subject to temporary reductions to protect the security of the ledger, customer balances, and/or the transfer system.

We may limit the number of external transfers You perform daily, weekly, monthly, or per year.

At Our discretion or the discretion of Our affiliate bank/s, We may refuse to process any transaction for any reason.

You authorize Our affiliate bank/s to withdraw, debit or charge the necessary funds from Your designated ledger balance to complete all of Your designated transfers and payments.
                  

You agree that You will attempt to make a withdrawal only when a sufficient balance is or will be available on Your ledger balance at the time of the withdrawal.

At Our option, We may make a further attempt to issue the payment or process the transfer request.

Got Money and Our affiliated bank/s is under no obligation to inform You if it does not complete a payment or transfer because there are non-sufficient funds or credit in Your bank account, or in Your ledger balance to process the transaction. In this case, You are responsible for making alternate arrangements or rescheduling the payment or transfer.

Section III – OTHER TERMS AND CONDITIONS

You may add more than One (1) bank account to Your User account. Got Money charges a fee of Ten Dollars ($10.00) for each additional bank account You add. You are allowed to change Your bank account on file One (1) time per Twelve (12) months without incurring a fee. If You make more than One (1) change per Twelve (12) months, We charge a fee of Ten Dollars ($10.00) per bank change.

You may not deposit funds from one financial institution (bank) and then withdraw those same funds to another financial institution. We may suspend Your User Account if You attempt to utilize Our Services this way.

If We receive a return/s from Your financial institution, You may be assessed a fee of Fifteen Dollars ($15.00) per presentment. These returned presentment fees will never exceed a total of Ninety Dollars ($90.00) per calendar day, no matter how many returns we receive from your financial institution. 

Got Money charges a monthly fee of Ten Dollars ($10.00) on the first of each month. WE WAIVE THIS MONTHLY FEE IF YOU MAKE TRANSFERS WITHIN THE LEDGER AT LEAST ONE (1) TIME EVERY ONE HUNDRED AND EIGHTY (180) DAYS. Transferring to or from external accounts (ACH transfers, Mailed in Deposits) does not count as a transaction made within the ledger. If You have a zero balance, We will not charge a monthly fee. If Your balance is below Ten Dollars ($10.00), the monthly fee assessed will equal Your remaining balance. 

In addition to the fees We charge, You should note that depending on how You access the Payments & Funds Transfer Service You might incur charges for:

 Internet Service Provider (ISP) fees

Payments & Funds Transfer Services are available Three Hundred Sixty-Five (365) days a year (Three Hundred Sixty-Six ‘366’ on leap years) and Twenty-Four (24) hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed online when You attempt to sign on to the Payments & Funds Transfer Service. We do not guarantee that Our service hours will always be the same, or that We will have maintenance or upgrades during specific times. As a Service We will do Our best to make sure that The Service is available with as little down time as possible.

Occasionally a payee may choose not to participate in the Payments & Funds Transfer Services. In the unlikely event that the Payee declines or ignores Your request to transfer funds, and You used Your external bank account or credit card to fund the pending transaction, We will cancel the transaction. However, the funds will remain on Your Got Money balance. We will NOT return the funds You loaded to Your Got Money account to fund the transaction/s back to the source from which it came. You are solely responsible for doing so.

You should not use the Service to attempt to make:

Bill payments, Except Where Offered via the Service
            

Tax payments

Court-Ordered Payments to the Government such as Fines

Payments to Settle Securities Transactions

Payments to Loan Sharks

For Gambling or Gambling Related Debt

Payments Prohibited By Law

or anything on Our Prohibited Use Policy List

We may change this agreement at any time. For example, we may add, delete, or amend terms or aspects of Services. We reserve the right to notify You of any changes by mail, electronic message, or via dismissible message/pop-up within Your account. If You initiate any transfer of funds or make any payment through the Service after the effective date of a change, You indicate Your agreement to the change.

With the Payments & Funds Transfer Services We may send messages to Your external email address or text and notify You that responses to your payment inquiries or customer service inquiries are available, or as otherwise described within the Payments & Funds Transfer Services. If, for any reason Your external email address or phone number changes or becomes disabled, please contact Us immediately so that we can continue to provide you with automated messages.

You may use Our Public UserName (@name) feature to the extent that it does not violate any trade name, such as @CocaCola. Other examples of prohibited use would be @MrTorba, @XXX, or any other use that attempts to confuse Users or manipulate the System. We reserve the right to remove any Public Username (@name) for any reason. Public Usernames are only visible to the public if they are verified. Non-verified Public Usernames are not searchable.

If you believe that Your account has been used without Your authorization, the fastest way to report the fraud is on Your account online. If You are having difficulty reporting fraud online, please email Us as soon as possible at [email protected]. We do want to help. If You believe Your Password was compromised, login and change it immediately. All claims of fraud are reviewed and processed by the affiliated bank/s. All final decisions or outcomes of Your claim/s reside with the affiliate bank/s.

We may disclose information to third parties about You or Your transactions in the following instances:

When it's necessary for completing transfers or to investigate or resolve a problem related to a transfer or payment.
            

To verify the existence and condition of your ledger balance for a third party, such as a credit bureau or merchant.
            

To comply with a government agency or court orders, or in connection with fraud prevention or an investigation.

If you give us your permission.

With our affiliates as permitted under Federal and applicable State laws.

On a closed ledger balance, if we reasonably believe you have mishandled it.

For the purpose of maintaining efficient and direct communication with Our Users, We cannot accept Post Office (PO) Box addresses or landline telephone numbers as primary contact information. We require Users to provide a physical mailing address and a mobile phone number to ensure prompt and effective communication. This allows Us to provide You with real-time updates and quick responses to any queries or issues You may have. By using Our services, You agree to abide by these contact information guidelines. Failure to provide the appropriate contact information may result in delays or impediments to the services we provide.

To access and utilize Our Service, You are required to be a legally recognized adult, which, in the context of our terms of service, means being a minimum of eighteen (18) years old. This is a crucial precondition for Your engagement with Our Service. Should We determine or suspect that You are below the age of eighteen (18), We are fully entitled, according to Our policy, to take certain actions. These may include, but are not limited to, immediate termination of the agreement made with Us or the retention of any funds linked to Your User account. The held funds, if any, may only be released when You have reached the requisite age of eighteen (18) years. We implement these measures to comply with regulations and maintain the integrity and safety of Our Services for all Users.

Tell Us at once if You believe Your Payments & Funds Transfer passcode has been compromised or if someone has transferred or may transfer money from Your account without Your permission. The best way to minimize Your loss is to report any suspicious activity to Us immediately. You may do so online in Your account or email [email protected]. The unauthorized use of Your Payments & Funds Transfer Services could cause you to lose all of Your money in Your accounts, plus any amount available under Your overdraft protection plan.

You will have no liability for unauthorized transactions if You notify Us within Sixty (60) days of the transaction in question, and We approve the case. All cases are resolved within Ninety (90) days of receipt. If You do not report within the time allowed, You may not get back any of the money You lost from any unauthorized transaction that occurs after the close of the Sixty (60) day period. If a good reason (such as an extended hospital stay) kept You from telling Us, at Our sole discretion We may extend the time period.

When You give someone Your Payments & Funds Transfer ID and passcode, You are authorizing that person to use Your Service, and You are responsible for all transactions that person performs while using Your Service. All transactions that person performs, even those transactions You did not intend or want performed, are authorized transactions. If You notify Us that the person is no longer authorized, then only transactions that person performs after the time You notify Us are considered unauthorized. For your protection, sign off after every Payments & Funds Transfer Service session. By use of the Service You confirm that You have Authorization to process the transaction.

If You authorize a transaction to someone You later find out is fraudulent, this transaction is still considered authorized. We ask that You report the fraud. However, it is Your responsibility to know who You are sending funds to. We do not offer any purchase protection if such an event occurs. We recommend that You send money only to friends, family, and others that You know and trust.

If We do not complete a transaction to or from Your ledger balance on time, or in the correct amount according to our Agreement with You, We will be liable for Your losses or damages. However, there are some exceptions. For instance, We will not be liable:

If, through no fault of ours, You don't have enough available funds in Your ledger balance (or available funds under Your overdraft protection plan), or credit to cover the transaction or transfer.
            

If the Payments & Funds Transfer Services weren't working properly, and You knew about the malfunction when You started the transaction or transfer.

If Our system is down for maintenance.

If Our ISP goes down for any reason.

If Our System goes down by any act of God, Weather, Virus, or War.
            

If circumstances beyond Our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken.
            

If there are postal delays or processing delays by the Payee.
            

There may be other exceptions not specifically mentioned.

If You committed any typos or keystroke errors.

If You provided an incorrect identifier for the intended payee.

The Service is intended for personal and business Users. We reserve the right to decline Your registration. We further reserve the right to suspend or terminate Your use of the Service at any time, for any reason. You agree that You will not use the Service to request, send or receive money related to any of the following. We may make exceptions from time to time if the merchant is not involved in illegal activities:

Pharmaceuticals and other controlled substances;

Telemedicine 

Illegal drugs;

Drug paraphernalia;

Sexually oriented activities or materials;

Pornography;

Obscene activities or materials;

Ponzi or pyramid schemes;

Illegal gambling, gaming, lotteries or sweepstakes;

Court-ordered alimony or child support payments;

Traveler’s checks, money orders, equities, annuities, or currencies;

Counterfeit materials;

Infringement on the copyright, patent, trademark, trade secret or other intellectual property rights of Got Money, an affiliated institution, another User or any other third party;

Terrorist funding;

Fraud;

Scams;

Money laundering or any other illegal activity or unlawful purpose;

Alcohol Sales;

File Sharing;

Online Dating;

Payment Facilitation/Processing;

Transportation;

Unapproved Charities/Non-Profits