Deposit Account Agreement

Effective as of 4/1/2022

IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION ("ARBITRATION" SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.

Please read this carefully and retain it for future reference. This Deposit Account Agreement (the "Agreement") is revised periodically, so it may include changes from earlier versions. You can determine when this Agreement was last revised by referring to the Effective Date at the top of the Agreement. The current version of the Agreement. By providing a written or electronic signature on a signature card or opening, or continuing to hold an account with us, you agree to the most recent version of this Agreement, which can be accessed from Suvi mobile application or suvicash.com.

This agreement contains the Deposit Account Agreement (the "Agreement") related an account ("Account", “Checking Account”, or “Suvi Checking Account”) and Suvi Visa® Debit Card (“Card”), that will be offered to you by Community Federal Savings Bank, ("Bank"), member of the Federal Deposit Insurance Corporation ("FDIC") on behalf of Suvi Inc. ("Suvi"), the program partner responsible for managing the Account and providing customer service to you. "We", "our", and "us" refer to the Bank, our successors, affiliates, or assignees. "You," "your," and "Account Owner" refer to the owner of the Account.

CELLULAR PHONE CONTACT POLICY

By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later connect to a cellular device, you are expressly consenting to receiving communications including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us, our affiliates and our agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider.

You may submit a request to open an Account by using the Suvi mobile banking application (the "Mobile App") or on Suvi's website (the "Website") by visiting the Website at suvicash.com. Your virtual Card is available for use immediately after the Account is approved. You can activate the physical Card through the mobile app or at suvicash.com. Your Account is not designed for buscciness use, and we may close the Account if we determine it is being used for business purposes. Bank may refuse to process any transaction(s) that it believes may violate the terms of this Agreement or applicable law. By opening or continuing to hold an Account with Bank, you agree to the most recent version of this Agreement, which is available to you at the Website.

Suvi's privacy policy available at https://www.suvicash.com/privacy and is considered part of this Agreement.

Bank's privacy policy is available at https://www.cfsb.com/privacy and is considered part of this Agreement.

Bank's business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to "days" found in this Agreement are calendar days unless indicated otherwise.

1. DESCRIPTION OF YOUR ACCOUNT

1.1 Account Eligibility

The Account is available to consumers who are citizens and residents of the fifty United States ("U.S.") and the District of Columbia who are at least 18 years of age with a valid Social Security number or Tax Identification Number. You must agree to accept electronic, rather than paper statements. Your acceptance of electronic statements means; you must agree to accept electronic delivery of all account communications (such as end-of-year tax forms and electronic statements). Suvi may use information from third parties to help Bank determine if Suvi should open your Account.

1.2 Important information about procedures for opening a new Account

TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, BANK WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW BANK TO IDENTIFY YOU. BANK MAY ALSO ASK TO SEE A COPY OF YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS.

1.3 The Account

Your Account is non-interest bearing account, therefore no interest will be paid to you for the funds that you deposit, otherwise receive, or maintain in your Account through use of the Service. The funds associated with your Account are held in a pooled deposit account, which may be combined with the funds of other users of the Service, at the Bank. You will be able to use the Suvi Mobile App to view the available balance in your Account which is the total amount in your Account (the “Total at Suvi”). Funds associated with your Account that are in transit and have not settled with the Bank may not be available for withdrawal until the funds settle with the Bank. We reserve the right to impose limits on the maximum amount that you can maintain in, or transact with, your Account and reserve the right to change such limits at any time. The Account consists of a non-interest-bearing online transaction demand deposit account to hold deposits and used to make payments and transfers to third parties electronically. The Account also includes the use of Card to make payments and transfers to third parties.

At this time, the Account does not permit check writing or issuing.

The funds in your Account are held by Community Federal Savings Bank and are FDIC insured up to the applicable limits. Refer to https://www.fdic.gov/resources/deposit-insurance/ for additional information on FDIC insurance.

1.4 Titling and Ownership

The Account may be owned and titled in the name of a person who may deposit, transfer, or withdraw funds. In addition, the Account may be owned and titled jointly with another person (together “Account Holder”). If the Account is titled jointly, both account holders may deposit, transfer, or withdraw funds and will have complete control over all the funds in the account. Either joint account holder may close the account without the consent from the other joint account holder. Neither joint account holder will be able to remove the other joint account holder from the account. The Account cannot be owned or titled by an organization, as "Payable on Death" or "In Trust For".

1.5 Sub-Accounts

Savings Account: In addition, we may permit the Account Holders to open a savings account. You may make deposits to the savings account by transferring funds from your Checking Account using the Mobile App or the Website. To open a Savings Account, your Checking Account must be open and active.

After you have signed up for Savings Account, you will have an opportunity to enroll in the following automatic savings feature (each a “Auto Save Feature”):

When I get a Deposit: You can automatically transfer up to 20% of your Qualifying Direct Deposits from your Checking Account to your Savings Account. A Qualifying Direct Deposit is any direct deposit received to your Checking Account by an Automated Clearing House (ACH) deposit that is tagged as payroll deposit. Pay Friends transfers, other ACH transfers, verification or trial deposits from financial institutions, transfers from PayPal or Venmo, mobile check deposits, and cash loads or deposits are not qualifying direct deposits.

Round Up: You can round-up your debit card purchases to the nearest multiples of $1, $2, $3, $4 or $5 and automatically transfer the round-up amount from your Checking Account to Savings Account. If your debit card purchase is canceled or reversed for any reason (including disputes), the corresponding Round Up transfer will not be reversed

Periodically: You can automatically transfer a set amount at a particular interval from your Checking Account to your Savings Account.

Suvi reserves the right to cancel or modify an Auto Save Feature, or terminate your eligibility, at any time with or without prior notice. An Auto Save Feature may be activated or disabled by the member at any time under the Settings or Move Money screen in the Mobile App or the Website.

If, at the time of the transfer from Checking Account to Savings Account for the Auto Save Features, your Checking Account has insufficient available funds to cover the full amount of transfer, the transfer will not be made. Even if you later add funds, or a credit posts to the Checking Account, previously unmade transfers will not be posted to the Savings Account.

Pots: You will have an opportunity to create pots to plan for your short and long terms expenses (“Pots”). Pots can be associated with either a Checking Account or a Savings Account. You can set up an automatic transfer either on a one-time basis or on a periodic basis from your corresponding Checking Account or Savings Account. If at the time of the transfer from corresponding Checking Account or Savings Account to Pots, your corresponding Checking Account or Savings Account has insufficient available funds to cover the full amount of the transfer, the transfer will not be made. Even if you later add funds, or a credit posts to the corresponding Checking Account or Savings Account, previously unmade transfers will not be posted.

You can have your Pots either locked or unlocked. Funds in your locked Pots are not available for any transaction or transfers including Card transactions, ACH, Pay Friends, Auto Save Feature etc. You can at any time change the status of a locked Pot to unlocked Pot or cash out the Pot.

We will automatically use funds in your unlocked Pots corresponding to Checking Account to cover Card transactions, check, bill payment or ACH transfers. Funds will automatically be moved from your unlocked Pots to your spending balance to allow a transaction to be approved. Funds will be moved from the unlocked Pot that corresponds to the Checking Account with the highest funded balance first.

Teen Accounts: In addition, you may designate any child or other individual as authorized user (“Authorized User”), serve as a legal guardian or trustee and establish a sub-account for the Authorized User (“Sub Account”). The Sub Account serves as a sub-account of the primary account for the purpose of identifying, monitoring and approving Card transactions by the Authorized User. The Authorized User will have a Teen Checking Account along with a Card and a Teen Savings Account (“Teen Accounts”). You will have an opportunity to periodically provide allowances or pay for chores. We will transfer funds (automatically for allowance and on your approval for chores) from your Checking Account to the Teen Accounts. If, at the time of the transfer from Checking Account to Teen Accounts for allowances or chores, your Checking Account has insufficient available funds to cover the full amount of transfer, the transfer will not be made. Even if you later add funds, or a credit posts to the Checking Account, previously unmade transfers will not be posted. Your Authorized User will also have access to Auto Save Features. In addition, if your Authorized User receives a paycheck from an employer, the Authorized User can request a unique account number that can be used by the employer to make direct deposit in Teen Checking Account.

Funds in the Teen Accounts are not available to you. The Teen Checking Account contains a number of pre-defined categories. You can add additional categories. Through these categories, you can restrict spending for a portion of the balance at specific Merchants or Merchant Category Codes such as gas stations, restaurants or ATMs. You can add funds to Teen Checking Account and restrict a portion of these funds to specific categories. In addition, you will be able to move funds in between the categories. The Authorized User will be able to use the funds available in the Teen Checking Account for Card transactions subject to the restrictions of the categories.

1.6 Truth in Savings Disclosures

  1. Opening Deposit and Balance Requirements:
    There is no minimum deposit requirement to open a Savings Account or earn interest. A maximum daily balance that qualifies to earn interest applies (as described below).

  2. Fees:
    There are no fees charged on the Savings Account.

  3. Rate Information:
    The current interest rate and Annual Percentage Yield (“APY”) for the Savings Account appear in the Interest Rate Schedule shown below. This is a variable rate account. The Savings Account (including Pots linked to Savings Account and Teen Savings Account) is only eligible to earn interest if it meets eligibility criteria as defined below (“Interest Qualifying Criteria”). We may, at our discretion, change the interest rate and APY for the Savings Account at any time. Interest begins to accrue no later than the business day the deposit is applied to the Savings Account. Interest will be compounded daily and credited to the Savings Account on a monthly basis. You must accrue interest of at least $0.01 during a calendar month for the interest to be paid. In addition, the balances in your Checking Account and Savings Account must not drop below $0.00 on any calendar day of the month. If you choose to close your Checking or Savings Account, you will forfeit interest that is accrued but is not credited to your account.

    Account TypeInterest RateAPYMaximum BalanceQualification to Earn Interest
    Savings Account2.96%3.00%$3,000See Interest Qualifying Criteria
  4. Balance Information:
    Savings Account interest is calculated using the daily balance calculation method. This method applies a daily periodic rate to the principal balance in the Savings Account each day. There is no minimum balance restriction on the Savings Account. Only a daily maximum balance of $3,000 (including Pots linked to Savings Account and Teen Savings Account) will be eligible to earn interest and is subject to the Interest Qualifying Criteria.

  5. Interest Qualifying Criteria:
    In order to qualify to earn interest on your Savings Account (including Pots linked to Savings Account and Teen Savings Account), you must meet all of the eligibility criteria below:

    1. Account Holder has opened a Savings Account.
    2. Your Checking Account must receive at least $500 in Qualifying Direct Deposit (as defined below) during the calendar month.
    3. You and your Authorized User(s) make at least $500 of Qualifying Card Purchases (as defined below) during the calendar month.

    If you meet all the above criteria, then you will receive interest on up to the maximum daily balance as listed in the rate table above. The interest will be deposited in the Account Holder’s Savings Account. If the Authorized User has a Savings Account but the Account Holder (primary user) has not opened a Savings Account, no interest is earned.

    If you fail to meet any of the above conditions during the month, you will not earn any interest during that month. The interest that you receive is generally fully subject to federal, state and, where applicable, local tax. An I.R.S. Form 1099-INT will be sent to you for each year, showing the amount of interest that you have earned.

    A Qualifying Direct Deposit is any direct deposit received to your Checking Account by an Automated Clearing House (ACH) deposit that is tagged as payroll deposit, pension, or government benefit payments from an employer or a government agency. The recipient’s name associated with such deposits must match the name of the Checking Account Holder. Payroll transfers made to the Debit Card via Visa Direct, from Uber, Lyft, DailyPay, Doordash, and Postmates are also considered Qualifying Direct Deposits. Pay Friends transfers, ACH transfers (other than those listed above), transfers from digital wallets or Peer to Peer (P2P) services, including, but not limited to, PayPal, Venmo, Square, Cash App, ApplePay Cash, Zelle, and Facebook, quasi cash transactions, tax refunds, mobile check deposits, cash loads, or cash deposits are not Qualifying Direct Deposits.

    Qualifying Card Purchases are purchases made using the Suvi debit card that is linked to your Checking Account (or your Authorized User’s). Pay Friends transfers, ATM withdrawals, cash withdrawals, transfers to digital wallets or Peer to Peer (P2P) services, including, but not limited to, PayPal, Venmo, Square, Cash App, ApplePay Cash, Zelle, and Facebook, quasi cash transactions, or payments via check are not Qualifying Card Purchases.

  6. Other information:
    The Bank does not calculate or pay interest on your Account. Account interest is calculated and paid by Suvi, who is responsible for IRS reporting of interest paid and providing form 1099-INT to you.

1.7 Death or Incapacitation

Your appointed party, designee, or appointed individual agree to notify Suvi promptly if you become legally incapacitated, are deemed incompetent, or die. Suvi will continue to accept deposits and process transaction instructions into and from your Account until Suvi: (i) is notified of your death or adjudication of incompetency and (ii) has a reasonable opportunity to act. You agree that, even if Suvi has knowledge of your death it may pay or process transactions on your Account on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Account. Suvi may require additional documentation to confirm any claims made on the Account.

1.8 Power of Attorney

You may appoint another individual as attorney-in-fact for your Account. The account owner and person executing power of attorney over a deposit account is known as the “Principal.” The person granted Power of Attorney for the Principal is known as the “Agent.” We may refuse to accept a power of attorney for reasonable cause, and we may require the Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of the Agent’s knowledge, the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Principal is responsible to provide us with any information if an affidavit presented to us is untrue or misleading or if the Agent exceeds the authority granted by the Principal in the power of attorney. The Agent is required to notify us in writing if the Principal dies or is declared incompetent. The power of attorney will continue in force until a) we receive written revocation from the Principal; b) we receive written notification of the Principal's death, or c) we receive written notification of the death or incapacity of the Agent. We assume no duty to monitor the actions of your attorney-in-fact to ensure that he or she acts for your benefit.

1.9 Bank's Relationship with You

This Agreement and the deposit relationship do not create a fiduciary relationship with Bank.

1.10 Indemnification

At Bank's request, you agree to defend, indemnify, and hold harmless Bank, Suvi and each of their respective parents, subsidiaries, and other affiliated companies, Bank and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. Bank and Suvi reserves the respective right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

2. GENERAL RULES GOVERNING THE ACCOUNT

The Account and your obligations under this Agreement may not be assigned. Bank or Suvi may transfer its rights under this Agreement. Use of the Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. Neither Bank nor Suvi waives its rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be 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 will be governed by the law of the State of New York to the extent governed or preempted by federal law.

2.1 Funding and Limitations on Frequency and Dollar Amounts of Transactions

From time to time, Suvi or Bank may increase or decrease the limits or add additional limits to your use of the Account, including the Card, in their sole discretion without notice to you except as required by law, for security, risk or other reasons. Your Account limits can be found in the table below.

2.1.1 Funding and Limitations on Your Account

Transaction TypeMaximum Frequency and/or Amount Limitations
Maximum balance in Account at any time$75,000 (including Teen Accounts)
Direct deposits of Automated Clearing House("ACH") transfers initiated from an outside financial institution*No limit to the number of times per calendar day and no maximum dollar limit
Card purchases (signature & PIN)$2,500 per calendar day. No limit to the number of times
Cash deposits via third party money transfer services**
  • 3 per calendar day
  • $1,000 per calendar day
  • $10,000 per calendar month
ACH transfers to the Account initiated using the Mobile App or Website***
  • $3,000 per calendar day. No limit to the number of times per day.
  • $20,000 per calendar month
Cash withdrawal (ATM)
  • $500 per calendar day
  • $2,500 per calendar month
Cash withdrawal (over the counter)
  • $500 per calendar day
  • $2,500 per calendar month
Account to Account transfer$3,000 per calendar day

* Your account number and bank routing number may be used for the purpose of initiating direct deposits to your Account. The recipient's name on any direct deposit(s) Bank receives must match the name of the accountholder. Any direct deposits received in a name other than the name registered to the Account may be returned to the originator.

** THIRD PARTY MONEY TRANSFER services used to load funds to your Account may impose their own terms and conditions including fees, per transaction, daily, weekly or monthly limits on the frequency or amount of cash you may deposit to the Account.

*** Acceptance of ACH Credits may vary by financial institution. Please contact the bank you wish to send funds to prior to initiating an ACH Credit to determine if restrictions apply.

IMPORTANT: IF YOUR ACCOUNT NUMBER CHANGES, YOU MUST IMMEDIATELY NOTIFY THE DEPOSITOR OF FUNDS. YOU MUST PROVIDE THEM WITH THE NEW ACCOUNT NUMBER TO ENSURE THAT THE FUNDS ARE PROPERLY CREDITED TO YOUR ACCOUNT AND THAT DIRECT DEPOSIT ACTIVITY CONTINUES UNINTERRUPTED.

2.1.2 Funding and Limitations on your Teen Account

Transaction TypeMaximum Frequency and/or Amount Limitations
Maximum transfer from Primary Account and Friends$2,000 per calendar day. No limit to the number of times.
Direct deposits of Automated Clearing House ("ACH") transfers initiated from an outside financial institution*No limit to the number of times per calendar day and no maximum dollar limit
Card purchases (signature & PIN)$1,000 per calendar day. No limit to the number of times.
Cash withdrawal (ATM)
  • $200 per calendar day
  • $1,000 per calendar month
Cash withdrawal (over the counter)
  • $200 per calendar day
  • $1,000 per calendar month
* Your account number and bank routing number may be used for the purpose of initiating direct deposits to your Account. The recipient's name on any direct deposit(s) Bank receives must match the name of the accountholder. Any direct deposits received in a name other than the name registered to the Account may be returned to the originator.

IMPORTANT: IF YOUR ACCOUNT NUMBER CHANGES, YOU MUST IMMEDIATELY NOTIFY THE DEPOSITOR OF FUNDS. YOU MUST PROVIDE THEM WITH THE NEW ACCOUNT NUMBER TO ENSURE THAT THE FUNDS ARE PROPERLY CREDITED TO YOUR ACCOUNT AND THAT DIRECT DEPOSIT ACTIVITY CONTINUES UNINTERRUPTED.

2.2 Funds Availability

Please refer to Section 4, "General Funds Availability Policy" for additional information.

2.3 Preauthorized Transfers - ACH Debits

Your Account number and the Bank's ABA routing number can be used for preauthorized direct debits ("ACH Debits") from merchants, Internet service or other utility service providers ("Merchants") and for the purpose of initiating direct deposits to the Account. These transfers will be processed under the Operating Rules of the National Automated Clearing House Association ("NACHA") and you agree to comply with the NACHA rules. Detailed information regarding preauthorized transfers is available in Section 3, captioned"Electronic Funds Transfer Disclosure and Special Terms and Conditions."

IMPORTANT: If your Account number changes you must immediately notify Merchants. You must provide them with the new Account number to ensure the ACH Debit activity continues uninterrupted.

2.4 Problems That Could Occur with Deposits

Overpayments and Reversals. If funds are deposited or transferred into your Account by mistake or otherwise, Bank may correct the situation by deducting the amount of the deposit from your Account without prior notice to you. If there are not enough funds in your Account at that time, your Account could become overdrawn. See Section 2.6 "No Overdrafts" and 2.7"Right to Set Off" below for more information about what could occur if your Account has a negative balance.

Note: If the Account is cancelled, closed, or terminated for any reason, any direct deposits, ACH transfers, or cash deposits made via third party money transfer services received after the Account closure date will be rejected and returned to the originator. Access to Mobile Deposit will also be disabled.

2.5 No Deposits in Cash, Paper Checks or Foreign Currency

Bank is not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by Bank.

  • Cash – Except for cash loads accepted through third party money transfer services, Bank does not accept deposits made in cash. If you mail a cash deposit, the cash will be sent back to the address Bank has for you on file.
  • Paper Checks - Personal checks, cashier's checks, and money orders may not be deposited by mail. All checks and money orders sent to Bank for deposit will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be deposited to the Account at Bank' discretion.
  • Foreign Currency - Bank does not accept deposits in foreign currency. Any deposits received in foreign currency, cash or check, will be sent back to the address Bank has for you on file

2.6 No Overdrafts

You are not permitted to overdraw your Account, unless you are eligible for and enrolled in FundMe. If the available balance in your Account is insufficient to cover any payment or withdrawal you have authorized, the payment can be refused. If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Account has a negative balance for an extended period of time and you have another account with Suvi, Suvi reserves the right to exercise the right to set off. See Section 2.7"Right to Set Off" below for details. If your Account has a negative balance for thirty (30) calendar days or more it will be closed. Suvi and/or the Bank reserve the right to close your Account if you overdraw your Account in violation of these terms or the Terms and Conditions of FundMe (see below).

FundMe

For Suvi members who are eligible for and enrolled in FundMe, Suvi may approve debit card purchases that result in a negative balance on your Account up to a specified amount. To be eligible, you must (at a minimum) be 18 years of age or older; have an Account in good standing; have received $500 or more in direct deposits into your Account over the preceding 31-day period; and meet any other requirement which Suvi may impose pursuant to the Suvi FundMe Terms & Conditions, available at suvicash.com.

2.7 Right to Set Off

If your Account balance becomes and remains negative, Bank or Suvi can use the funds in any of your accounts to repay the amount owed on the negative balance Account without further notice to or demand on you. This means Bank has the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with Bank. Further, you grant Bank a lien on and security interest in the funds on deposit in each of your account(s) as security for the entirety of your liabilities and obligations to Bank, now or in the future.

2.8 Our Right to Place a Hold on Funds Under Special Circumstances

If the Bank's or Suvi’s monitoring of the Account detects activity which is believed to be prohibited by the Bank and/or by law, the Account funds will be subject to a hold pending review of the activity by the Bank and/or Suvi. The Bank may require you and other parties to the activity to produce documents and/or other materials evidencing the validity of the activity. Funds on deposit in any account with us may be held at the Bank's discretion until the source of such funds and/or the activity is properly verified.

2.9 Legal Processes Affecting Accounts

If legal action such as a garnishment, levy or other state of federal legal process("Legal Process")is brought against your Account, Bank may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, Bank has first claim to any and all funds in your Account for your liability under this Agreement. Bank will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as Bank determines to be appropriate in the circumstances without liability to you, even if any funds Bank may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to Bank. You agree that you are responsible for any expenses, including legal expenses and fees Bank incurs due to any Legal Process on your Account. Bank may charge these expenses to your Account. You will indemnify Bank for any losses if it does this.

2.10 Account Inactivity and Escheatment

If your Account becomes inactive (e.g., if you do not use the funds in your Account or access your Account for a certain period of time), applicable law may require Bank to report the funds in your Account as unclaimed property. If this occurs, Bank may try to locate you at the address shown in Bank's records. If Bank is unable to locate you, Bank may be required to deliver any funds in your Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Account to a state varies by state, but usually ranges between two and five years.

2.11 Statements

Electronic statements are available to view in the Mobile App and Website. Account statements are considered to be correct. Carefully review your statements each statement period and notify us of any errors within sixty (60) days of your statement becoming available.

2.12 Special Rules for New Accounts

Accounts open less than thirty (30) days may be limited in functionality. Direct deposits and other funds credited to your Account may be given provisionally for a reasonable amount of time. You may also not be eligible to use certain features such as bill pay, mobile deposit, Account to Account transfer until Direct Deposit has been set up and/or the Account has been open for at least thirty (30) days. In addition, certain transfer limits may be lower during this time as indicated in the following Sections, 2.1 "Funding and Limitations on Frequency and Dollar Amounts of Transactions", and Section 3, "ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS".

2.13 Bill Pay Via Checks

If enabled by Suvi for your Account, you will have access to the bill payments check feature (the "Checks") through the Mobile App or Website which allows you to authorize Suvi to make bill payments on your behalf to third parties. You may not have access to the Checks until your Account has been open for a minimum of thirty (30) days and/or have a direct deposit. To initiate a bill payment using the Checks, you must provide the name and mailing address of each individual or company you wish to pay. Once a payment is authorized, the payment amount will be immediately deducted from your Account balance. Payments made using the Checks take the form of a paper check sent to the payee using standard U.S. Postal Service mail. Please allow three to nine (3-9) business days for delivery of the check. Payments can only be sent to addresses located within the fifty (50) states of the U.S. Check payments are processed daily by 12:00pm EST. Check payments initiated after this time will be processed the next business day. Suvi reserves the right to refuse to process payments to any individual or company. If the decision is made to refuse a payment, Suvi will notify you on or before the next business day. Checks may be refused or returned by the individual or company to whom the payment was issued. The determination to accept this method of payment is at the discretion of the recipient. The U.S. Postal Service may also return payments in cases of expired or invalid addresses. If the Check payment is returned for any reason, the payment will be voided, and the full amount credited to your Account the next business day.

  • Uncashed Checks: Uncashed Checks are voided after 180 days. Funds from voided checks will be credited to your Account after such time period.
  • Cancelling a Check Payment: You may cancel a single Check payment as long as it has not been presented for payment by contacting Customer Service. Funds from any cancelled check will be credited to the Account by the next business day
  • Liability for Failure to Stop Payment of a Check Payment: If you request cancellation of a Check payment within three (3) three business days or more before it is scheduled to be made, and Suvi does not cancel it in time, Suvi will be liable for your losses or damages.
Transaction TypeFrequency and/or Dollar Limits
Bill Pay Payment(s)
  • Up to $5,000 per payment
  • Up to $10,000 per calendar month

2.14 Illegal Transactions

You may not use your Account for online gambling or any illegal transactions. Bank may refuse to process any transaction that it believes may violate the terms of this Agreement or applicable law. You acknowledge and agree that Bank has no obligation to monitor, to review or to evaluate the legality of your transactions. To the fullest extent permitted by law, you agree to pay for any transaction that you authorized, even if that transaction is determined to be illegal.

2.15 Cancelled, Closed or Terminated Account

If the Account is cancelled, closed or terminated for any reason, you may request the unused balance be returned to you by check sent to the mailing address we have in our records. For security purposes, you may be required to supply identification and address verification documentation prior to issuing a refund check. Allow fourteen (14) days for processing and mailing of the refund check. In the event the program is cancelled, closed, or terminated, we will send you prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining Account balance, will be in the notice. We reserve the right to refuse to return any unused balance amount of less than $1.00.

Note: If the Account is cancelled, closed, or terminated for any reason, any direct deposits, ACH transfers, or cash deposits made via third party money transfer services received after the Account closure date will be rejected and returned to the originator. Access to Mobile Deposit will also be disabled.

3. ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS

Your Account number and the Bank's routing number can be used for preauthorized direct debits ("ACH Debit(s)") from merchants, internet service, other utility service providers, or other financial institutions and for the purpose of initiating direct deposits ("ACH Credit(s)") to your Account.

Note: The recipient's name on any direct deposit(s) or ACH Credit(s) must match the name on the Account. Any direct deposits received in a name other than the name registered to the Account will be returned to the originator.

3.1 ACH Debit Transactions

Cut-off Time - The cut-off time for scheduling next day ACH transfers is 2:00pm EST. Any transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day. In some circumstances, transactions may be delayed for risk or compliance reasons. At the Bank's discretion, the amount of funds that can be transferred from your account per day may be limited.

3.2 Electronic Funds Transfer Services

The following terms are used to describe Electronic Funds Transfer ("EFT") services."Automated credits", "direct deposits" or ACH Credits are deposits made to the Account by electronic means. "Automated debits", "Automated payments" and ACH Debits indicate payments authorized by you to be made from the Account by electronic means. "Online Transfers" are the movement of funds between the Account and optional Suvi Savings Account, Pots or Teen Accounts by use of the Mobile App. Online Transfers related to Suvi Savings Account are described in detail in the agreement governing the Suvi Savings Account.

When you accept direct deposits or authorize automatic payments/ACH debits or transfers to or from the Account, you agree to these terms and conditions.

Other relevant terms and conditions described elsewhere in the Agreement also apply as long as they are consistent with Regulation E or Section 2, " GENERAL RULES GOVERNING THE ACCOUNT".

Types of Electronic Funds Transfers Available:

  • You may arrange with another party, such as your employer, a government agency, other financial institutions, or direct Bank via Suvi to electronically deposit funds on a one-time or recurring basis directly to your Account.
  • You may arrange with another party, such as a merchant or Suvi to electronically withdraw funds on a one- time or recurring basis directly from your Account.
  • You may use the Card to make purchases at merchants that accept the Card or to obtain cash at ATMs and, subject to availability, cash back at POS terminals.

Limitations on Transfers, Amounts and Frequency of Transactions:

  • At Bank's discretion, the number and amount of transfers per day or month may be limited.
  • Direct deposits are accepted into open accounts only.
  • See Section 2.1 above "Funding and Limitations on Frequency and Dollar Amounts of Transactions" for frequency and dollar amount limitations on transfers to and from your Account.

Right to Receive Documentation of Electronic Funds Transfers:

  • Statements. You will have access to an electronic monthly statement that can be viewed on the Website or Mobile App.
  • DDirect Deposits or Automated Credits. If you have arranged to have direct deposits made to your Account, view the transaction on the Mobile App or website to find out when the deposit has been made.

Right to Stop Payment of Preauthorized Transfers and Procedures for Doing So

If you have told us in advance to make regular payments out of the Account, you can stop any of these payments. Here's how: email us at help@suvicash.com, in time for us to receive your request 3 business days or more before the payment is scheduled to be made.

To stop a recurring ACH transfer to a merchant you preauthorized to debit the Account, it is best to contact the merchant directly to request cancellation of the recurring payment.

If the merchant with whom you arranged recurring ACH transfers from the Account is unable or unwilling to stop the transfer, email us at help@suvicash.com, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. Such a stop payment request will cancel a single, i.e. one (1) recurring payment. If you want to permanently stop all recurring payments to a specific merchant, you will be required to put your request in writing and send it by email to help@suvicash.com within fourteen (14) days after your notification to stop such payments.

You will need to tell us the name of the payee, the dollar amount of the payment and the date of the payment. If we do not receive this information in writing within 14 days of the notification, we will do our best to place a stop payment. However, it may not be honored as a result. If written stop payment notification is not received within fourteen (14) days, the payment in question will be honored as originally authorized and future payments will not be permanently stopped.

Notice of Varying Amounts If the recurring ACH transfers you make might vary in amount, Suvi will tell you the transfer date and the amount of the transfer ten (10) days before each payment is scheduled to take place. (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 you set).

3.3 Customer to Customer Transfers/Payments (Pay Friends / Request Service)

Subject to the terms of this Agreement, your Account includes access to the Pay Friends / Requests Service ("Pay Friends") via the Mobile App or Website. This service allows you or your Authorized User to send money to other Suvi customers as well as receive money from other Suvi members ("Friend Transfers"). You or your Authorized User may send money to another Suvi member by inputting the intended recipient’s email address, mobile phone number, or unique Suvi Username (the "Username") and the Friend Transfer dollar amount you would like to send. Friend Transfers will be applied to the Account associated with the recipient's email address, mobile phone number, or Username entered by the sender. Friend Transfers are automatically debited from the sender’s Account and deposited to the recipient’s Account.

By using Suvi to Suvi Transfers, you are representing you are the owner of the email address or phone number registered for the Account and you are giving your consent to have your registered full name (i.e., first name and surname) associated with the email address and phone number made visible and searchable to all Suvi customers.

You and Authorized User’s continued access to Pay Friends is determined by Suvi in its sole discretion based on the history of any Suvi-branded accounts you have, your use of Pay Friends in the past, direct deposit history and direct deposit amounts and other risk-based factors. Suvi may suspend or terminate your use of Pay Friends at any time and without prior notice to you. If you violate the terms of Pay Friends, such actions may be used as a basis to terminate your Account.

A Suvi member that receives Friend Transfer for the first time from another member may be required to accept the Friend Transfer. The Friend Transfer may be returned if not accepted within 14 days. Subsequent Friend Transfer from the same member may not be required to be accepted. A Friend Transfer received by an Authorized User may be required to be accepted by the primary or secondary member. The Authorized User can send Friend Transfers without primary or secondary member approval subject to the unrestricted funds in Teen Checking Account and funds in Pay Friend category.

Please note: The intended recipient must have an open Account in order to receive a Friend Transfer(s). If you wish to send money to a non-Suvi member, your intended payee must sign-up and be approved for an Account prior to receiving your payment.

You may initiate sending money to a non-Suvi member by inputting the intended recipient'semail address or mobile phone number and the Friend Transfer dollar amount you would like to send. Once a payment is initiated to a non-Suvi member, the Friend Transfer dollar amount will immediately be deducted from your Account balance. The non-Suvi member will receive a notification via text or email, depending on the information you provided. In order to complete the payment, the non-Suvi member will need to sign-up and be approved for an Account within fourteen (14) days to complete the transfer and access the transferred funds.

If the non-Suvi member does not sign-up and get approved for an Account within fourteen (14) days of you initiating the payment, then the payment will be cancelled, and the Friend Transfer dollar amount will be returned to your Account. You can cancel a Friend Transfer to a non-Suvi member in the Mobile App within fourteen (14) days of initiating the transfer, as long as the non-Suvi member has not signed-up and been approved for an Account.

By using the Pay Friends feature, you agree that you will not post, transmit, distribute, or disseminate through any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability or violates these terms and the Agreement; or (c); in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of Pay Friends, or which may expose Suvi, the Bank, its affiliates or its customers to harm, reputational risk, or liability of any nature.

Using the Pay Friends Transfer Service

To send a Friend Transfer(s), login to the Mobile App or Website and select "Pay Friends"and enter the intended recipient’s email address, mobile phone number, or the recipient'sUsername.

You must make sure the recipient’s email address, mobile phone number or Username is entered accurately to ensure the Friend Transfer is sent to the correct recipient. The obligation to pay the Friend Transfer will not be excused by an error in the information entered. Once you have initiated a Friend Transfers in the Mobile App or Website, you will not be able to cancel it.

Username: By using Pay Friends, you are representing that you are the owner of the mobile phone number or email address listed on your Account. You consent to have the first and last name registered on your Account associated with the Username. By doing so, your first and last name will be visible to other Suvi members who search for you by Username. This will assist the sending Suvi member in verifying that you are the correct intended recipient of the Friend Transfer.

Please note: The email address, mobile phone number or Username entered during the Friend Transfer will display in your transaction history and on your statement for your reference. Additionally, if a Username was used to facilitate the Friend Transfer, the name of the receiving Suvi member will display in your transaction history after the Friend Transfer has been processed. An optional reference field is also available to add a personalized message to the recipient. These messages will be visible in your online transaction history but may not be included on your monthly statement.

Fees: There are no fees associated with the use of the Pay Friends Transfer Service.

Mobile Carrier Information: By registering a mobile phone number on your Account, you are certifying that you are the owner of the mobile phone account or have the account owner's permission to register the mobile phone number.

Message and data rates may apply to the use of the mobile device when using the Friend Transfer service via the Mobile App.

Friend Transfer Limits

Friend Transfers may be initiated at any time as long as the transfer request does not exceed the available balance in your Account, or the frequency and limits set forth in this Agreement. Suvi may refuse to process any transaction that exceeds any of the limits described below. If your Friend Transfer is denied because your Account balance is not sufficient, you are responsible for making alternate payment arrangements with the intended recipient.

Canceling Friend Transfers: Prior to sending a Friend Transfer, the sender will be prompted to confirm the transaction. Once the Friends Transfer is sent, it cannot be canceled. It is the sender's responsibility to ensure the information is accurate prior to confirming the Friend Transfer request.

3.4 Liability for Failure to Stop Payment of Preauthorized Transfer

If you order Suvi to stop a preauthorized payment three (3) business days or more before the transfer is scheduled, Suvi does not do so, Suvi will be liable for your losses or damages.

3.5 Your Liability for Unauthorized Transfers

Contact Customer Service IMMEDIATELY if you believe your Card, PIN or Account number has been stolen. Telephoning is the best way to minimize your possible losses.

If you believe your Card, PIN or Account number has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, contact Customer Service. Under Visa Core Rules, your liability for unauthorized Visa debit transactions on the Card is $0.00 if you are not negligent or fraudulent in the handling of the Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). You must notify us immediately of any unauthorized use. In the event that the Visa Zero Liability Rules do not apply, if you notify Customer Service within two (2) business days after you learn of the loss or theft of your Card, code, or other access device, you can lose no more than $50.00 if someone used your Account without your permission. If you do not notify Customer Service within two (2) business days after you learn of the loss or theft of your Card, PIN or other access device and Suvi can prove that it could have stopped someone from using your Account without your permission if you had notified Customer Service in time, you could lose as much as $500.00.

Also, if you become aware of and/or your statement shows transactions that you did not make, notify Customer Service at once following the procedures stated in the Section 3.7 below labeled "Information About Your Right to Dispute Errors". If you do not notify Customer Service within sixty (60) days after you become aware of the transaction(s) and/or the FIRST statement was made available to you on which the problem or error appeared, you may not get back any of the value you lost after the sixty (60) days if Suvi can prove that it could have stopped someone from taking value if you had notified Customer Service in time. If a good reason (such as a long trip or a hospital stay) kept you from telling Customer Service, Suvi will extend the time periods. If the Card, PIN or Account number has been lost or stolen, Suvi will close the Card and/or Account to keep losses down and issue you a new Card and/or Account number.

If your Account changes you must immediately notify your employer or any other payors or merchants. You must provide them with your new Account number to ensure that your direct deposit and/or ACH Debit activity continues uninterrupted.

3.6 Bank's Liability for Failure to Complete Transactions

If a transaction is not properly completed from your Account on time or in the correct amount, Suvi will be liable for your losses or damages. However, there are some exceptions. Suvi will not be liable, for instance:

  • If through no fault of Suvi, you do not have enough funds available in your Account to complete the transaction;
  • If a merchant refuses to accept the Card or Account number;
  • If an ATM where you are making a cash withdrawal does not have enough cash;
  • 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;
  • If access to your Card, PIN or Account or linked account has been blocked after you reported your Card, PIN or Account number or linked account number lost or stolen;
  • If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
  • If Suvi has reason to believe the requested transaction is unauthorized;
  • If circumstances beyond Suvi's control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that Suvi has taken; or
  • Any other exception stated in Suvi's Agreement with you.

3.7 Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, requests for information about a transaction listed in the statement or receipt, or if you think your statement or receipt is wrong, send an email at help@suvicash.com or contact Customer Service at 1-866-788-4277. You will need to provide:

  • Your name, Account number, and email address (or phone number) associated with your Account and Account number (if any);
  • Why you believe there is an error, and the dollar amount involved; and
  • Approximately when the error took place.

If you provide this information orally, Suvi may require that you send your complaint or question in writing within ten (10) business days.

Suvi will determine whether an error occurred within ten (10) business days after hearing from you and will correct any error promptly. If Suvi needs more time, however, it may take up to forty- five (45) days to investigate your complaint or question. If Suvi decides to do this, your Account will be credited within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If Suvi asks you to put your complaint or question in writing and you do not provide it within ten (10) business days, your Account may not be credited.

For errors involving new Accounts, point-of-sale transactions or foreign-initiated transactions, Suvi may take up to ninety (90) days to investigate your complaint or question. For new Accounts, Suvi may take up to twenty (20) business days to credit your Account for the amount you think is in error.

Suvi will tell you the results within three (3) business days after completing the investigation. If Suvi decides that there was no error, Suvi will send you a written explanation. Copies of the documentation used in the investigation may be obtained by contacting Customer Service. If you need more information about your Account's error-resolution procedures, call Customer Service, or visit the Website.

3.8 Services not Covered by this Part

Electronic Fund Transfer Services described in this Section do not include domestic wire transfers and any transactions that are not covered by the Consumer Financial Protection Bureau's Regulation E.

4. GENERAL FUNDS AVAILABILITY POLICY

Information contained in this section is provided to assist you in understanding our Funds Availability Policy. We make funds available according to the type of deposit and when the funds are applied or credited to the Account. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to the Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers, payments or transactions using a Card during the hold period. We have the right to refuse any deposit.

If final payment is not received on any item deposited into the Account, or if any direct deposit, or ACH transfer credit is returned to us for any reason, you agree to pay us the amount of the returned item.

AVAILABILITY

The length of delay in the availability of funds varies depending on the type of deposit.

BUSINESS DAYS

The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your Account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received by 11:59 PM ET will be considered current-day deposits. Any deposits received after that time will be processed the following business day.

Funds received from preauthorized electronic payments as well as ACH Credits received from an external bank account will be applied to your Account once we have received payment on collected funds.

4.1 Electronic ACH Same Day Availability

Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to your Account.

ACH Credits received from an external bank account will be applied to the Account when Bank has verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability.

4.2 Electronic ACH Longer Availability

Electronic transfers depositing into the Account initiated through the Mobile App or Website may take up to five (5) business days from the date of the initial request but will post on the payment date of the deposit once the money has reached the Bank and/or Suvi.

5. FEE SCHEDULE

You agree to pay the Account fees set forth in the "Fee Schedule" below. All the fees will be withdrawn from your Account and will be assessed as long as there is a remaining balance on your Account. If at any time your remaining Account balance is less than the fees being assessed, the balance of your Account will be applied to the fees resulting in a zero balance on your Account. The remainder of the fees due will be collected upon the next deposit into your Account.

In addition to the fees associated with the Account, pursuant to the terms of the User Agreement, you can make transactions, which may be subject to fees set by and payable to Suvi. These may include fees associated with depositing funds, transferring funds or withdrawing funds into or out of your Account.

Fee DescriptionFee Amount and Frequency
Monthly Service Fee$0.00 (per transaction)
Fee to Open or Close Checking or Savings Account$0.00 (per transaction)
ATM Withdrawal Fee (out of network)*$2.50 (per transaction). Cash withdrawal transactions at MoneyPass ATMs are fee free.
Over the Counter "OTC" Cash Withdrawal Fee$2.50 (per transaction)
*If you use a non-MoneyPass network ATM, including a balance inquiry, you may be charged an additional fee by the ATM operator even if you do not complete a withdrawal: such a fee is a third-party fee assessed by the individual ATM operator only and is not assessed by us. The ATM fee will be charged to your Account.

6. OTHER AGREEMENT TERMS

6.1 No Warranty of Availability or Uninterrupted Use

From time to time, services related to Suvi and the Account may be inoperative. When this happens, you may be unable to access the Website or Mobile App, and you may be unable to use the Account or obtain information about the Account. Please notify Suvi if you have any problems using the Account, Website, or Mobile App. You agree that, except as required by applicable law, Suvi and Bank will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall Suvi or Bank be liable for extended interruptions due to failures beyond Suvi or Bank's control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

6.2 Limitation of Liability

Except as required by applicable law, Bank shall have no liability to you if Bank is unable to complete a transaction for any reason beyond Bank's control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, Bank, Bank's affiliates, and the parties with whom Bank contracts in order to offer your Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the your Account, any products or services purchased using Account, or this Agreement (as well as any related or prior agreement you may have had with Bank). Please refer to Suvi's terms and conditions agreement for further information.

6.3 English Language Controls

Any translation of this Agreement is provided for your convenience. The meaning of the terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

8.4 Account Services

For Account service assistance or additional information regarding your Account, please send an email at help@suvicash.com or contact Customer Service at 1-866-788-4277.

6.5 Telephone Monitoring/Recording

From time to time Suvi may monitor and/or record telephone calls between you and Suvi to assure the quality of Suvi service team or as required by applicable.

6.6 Amendment and Cancellation

Except as otherwise required by applicable law, Suvi may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement at the Website, and any such amendment shall be effective upon such posting to the Website. The Agreement is also available on the Website. You will be notified of any amendment(s) in the manner provided by applicable law prior to the effective date of the amendment(s). However, if the amendment(s) is made for security purposes or your benefit, Bank may implement it without prior notice. Suvi may cancel or suspend your Account or this Agreement at any time. You may cancel this Agreement by contacting Customer Service to close your Account. Your cancellation of this Agreement will not affect any of Suvi's rights or your obligations arising under this Agreement prior to cancellation. If your Account is cancelled, closed or terminated for any reason, you may request the unused balance be returned to you via ACH transfers to one of your external accounts on records or via check (unless notified otherwise in writing by Suvi) to the mailing address Bank has in its records. If your Account is closed prior to the end of the statement cycle, any accrued interest earned for that cycle will be forfeited. For security purposes, you may be required to supply identification, external account, and address verification documentation prior to issuing an ACH refund or refund check. Allow fourteen (14) days for processing of such balance return. Suvi or Bank may refuse to honor any checks issued on your Account which are presented to it for payment after your Account is closed. In the event Suvi's program is cancelled, closed, or terminated, Suvi or Bank will send you prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining Account balance, will be in the notice. Bank or Suvi reserves the right to refuse to return any unused balance amount less than $1.00. 

IMPORTANT: IF YOU TERMINATE YOUR RELATIONSHIP WITH SUVI OR WITHDRAW YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS ABOUT YOUR ACCOUNT, THE ACCOUNT WILL AUTOMATICALLY BE CLOSED. UPON CLOSURE, ANY REMAINING FUNDS IN THE ACCOUNT WILL BE RETURNED PER THIS SECTION.

6.7 Confidentiality

Bank may disclose information to Suvi and other third parties about your Account or the transactions you make:

  • Where it is necessary for completing transactions.
  • In order to verify the existence and condition of your Account for a third party.
  • In order to comply with government agency, court order, or other legal or administrative reporting requirements.
  • If you consent by giving Bank your written permission.
  • To Bank's employees, auditors, affiliates, service providers, or attorneys as needed.
  • Otherwise as necessary to fulfill Bank's obligations under this Agreement or as detailed in Bank's Privacy Policy.

6.8 No Warranty Regarding Goods or Services as Applicable

Neither Bank nor Suvi is not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your Account.

6.9 Survival

All provisions of this Agreement shall survive the termination of this Agreement or closure of your Account by either party for actions arising in connection with this Agreement or your Account(s).

6.10 Arbitration

THIS AGREEMENT REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING ARBITRATION.

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Bank (or Suvi), regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Bank (or Suvi), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Bank and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Bank that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. Thearbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against Bank for you.

If any portion of this Arbitration Provision is deemed invalid or unenforceable, such a finding shall not invalidate any remaining portion of this Arbitration Provision, this Agreement, or any other agreement entered into by you with us. However, notwithstanding any language in this Arbitration Provision or this Agreement to the contrary, the Class Action Waiver is not severable from the remainder of this Arbitration Provision and, in the event that the Class Action Waiver is held to be invalid and unenforceable, and subject to any right of appeal that may exist with respect to such determination, any class action or representative proceeding shall be determined in a court of law and will not be subject to this Arbitration Provision.