Serve^® Pay As You Go Visa^® Prepaid Card Cardholder Agreement

 1. ABOUT YOUR CARD

    Your Serve card is a prepaid card, which allows you to access funds loaded to your Account. You should treat your card with the same care as you would treat cash.  We encourage you to sign your card when you receive it. This card is intended for personal, family, or household use and not intended for business purposes. Your Account does not constitute a checking or savings account and is not connected in any way to any other account you may have.  The card is not a gift card, nor is it intended to be used for gifting purposes. The card is not a credit card. You will not receive any interest on the funds in your Account.

    Once you fund your account, you will be able to provide Pathward with instructions about the funds accessible through your account.  Your funding or use of your account authorizes us to hold your funds at Pathward or act as your custodian to place your funds at one or more participating FDIC-insured banks (each a “Program Bank”). Visit www.pathwardprogrambanks.com to find the most up-to-date list of Program Banks. If you do not agree to Pathward placing your funds as custodian at other Program Banks, please immediately transfer or spend all the funds in your account or contact Customer Service above to close your account and request your funds in the form of a paper check at no charge.

    Your funds are eligible for deposit insurance up to the applicable limits by the Federal Deposit Insurance Corporation (“FDIC”). In the event the FDIC were to be appointed as a receiver for Pathward or a Program Bank, your funds, aggregated with any other funds you have on deposit at such institution would be eligible to be insured up to $250,000 for each legal category of account ownership, subject to compliance with FDIC deposit insurance requirements. You are responsible for monitoring the total amount of all direct or indirect deposits held by you or for you with Pathward and the Program Banks for purposes of monitoring the amount of your funds eligible for coverage by FDIC insurance. To assist with calculating your FDIC deposit insurance coverage, the FDIC has an Electronic Deposit Insurance Estimator available at https://edie.fdic.gov.

    2. REGISTERING YOUR CARD

    You are not required to register your Serve temporary card; however, if you choose not to register your card, you will be limited in functionality and protections, as indicated throughout this Agreement. If you would like to enable additional functionalities such as reloads, direct deposit, international use, or ATM or other cash access, or ensure your card is protected by FDIC insurance and certain error resolution protections, you must register your card, and we must be able to verify your information. If you do not register your card with at minimum your name and address, your funds will not be FDIC insured. You are responsible for notifying us immediately upon any change to your address, phone number, or email address.  If your address changes to a non-US address, we may cancel your card and return funds to you in accordance with this Agreement

a. How to Register

    If you choose to register your Serve temporary card, you can do so by visiting serve.com. Upon registration, we will verify your information in accordance with the “Verifying Your Card” section below. Please Note: depending on the information you give us and our attempt to verify you, you may be delayed in your ability to enable Serve personalized card functions, and we may even restrict access to funds on the Serve temporary card or close your Account.

    To open an Account, you must register and establish an Account online at the Serve website or through the Serve Mobile Application. Individuals who establish an Account and satisfy the necessary verification requirements, including email verification, will be sent a card linked to the Account, which can be activated by contacting us as instructed on the card and providing the required information or by logging in to your Account at serve.com. Until you verify your email address and activate the card linked to your Account, your Account privileges will be limited. Transactions conducted using a card will be funded from the linked Account or as otherwise provided in this Agreement. If a Subaccount is established by a Cardholder, the Subaccount User will be issued a Subaccount card, which will also require activation. Transactions conducted using a Subaccount or Subaccount card will be funded from the Cardholder’s Account or as otherwise provided in this Agreement.

b. Verifying Your Card 

1. (1) Important information for verifying a card:  To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens an Account.  

   (2) What this means for you:  When you open an Account an request a Serve personalized card, we will ask for your name, street address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other documents at any time. You will be limited to temporary card use and features until we have been able to successfully verify your identity.

   Accounts are opened subject to our ability to verify your identity by requiring acceptable types of identification. We may validate the information you provide to us to ensure we have a reasonable belief of your identity. We reserve the right to not open an Account for anyone in our sole discretion. We may also limit the number of Accounts that you have in our sole discretion. Your Account is subject to security and fraud prevention restrictions at any time, with or without notice.

   (3) Eligibility and Activation:  “To be eligible to use and activate this Account, you represent and warrant to us that: (i) you are a citizen or permanent resident of the fifty (50) United States, the District of Columbia, Puerto Rico or the U.S. Virgin Islands who can lawfully enter into and form contracts under Applicable Law in the state in which you reside; (ii) the personal information that you have provided to us is true, correct and complete; (iii) you are at least 18 years of age (19 years of age if you reside in a state where the age of majority is 19;) and (iv) you have read this Agreement and agree to be bound by and comply with its terms.

    

   c. Email Verification 

1.     After you register, you must verify your email address by clicking on the link in the email you receive from us. If you do not successfully verify your email address, your Account privileges will be limited, and, for example, you will not be able to send, request or receive payments, accept funds sent to you by another Serve Cardholder, transfer funds to a Subaccount to the extent we allow you to do so, or receive a card or, if applicable, Subaccount card. In addition, until you activate the card linked to your Account, your Account privileges will be limited. In particular, until you register your card and verify your email address, you will not be able to load or add money to your Account by Direct Deposit or using a credit, debit, or debit/payroll card or ACH funding source and we may restrict your ability to add money using certain other funding sources and your ATM withdrawal access will be limited.

3. LOST OR STOLEN CARDS; UNAUTHORIZED TRANSACTIONS

a. Contact Customer Service Immediately

    If you believe your card has been lost or stolen, call or write Customer Service IMMEDIATELY at the contact information found at the beginning of this Agreement.

b. Your Liability for Unauthorized Transactions

    Tell us AT ONCE if you believe your card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Calling Customer Service is the best way of keeping your possible losses down. You could lose all the money in your Account. Under Visa Core Rules, your liability for unauthorized Visa debit transactions on your Account is $0.00 if you are not grossly negligent or fraudulent in the handling of your 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 the Visa Zero Liability Rules do not apply, if you tell us within two (2) business days ( “Business Day” means any day of the week that is not a Saturday, Sunday or federal holiday. Non-Business Days are considered part of the following Business Day) after you learn of the loss or theft of your card, you can lose no more than $50 if someone used your card without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500.

    Also, if your statement shows transfers that you did not make, including those made by your card or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

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   c. Warning Regarding Unverified Accounts

       It is important to register your Account as soon as possible. Until you register your Account and we verify your identity, we are not required to research or resolve any error regarding your Account. To register your Account, please go to the Serve website, the Serve Mobile Application or call Customer Service. We will ask you for identifying information about yourself (including your full name, address, date of birth, and government-issued identification number), so that we can verify your identity.

    

   d. In Case of Errors or Questions about Your Account

       Contact Customer Service as soon as you can if you think an error has occurred in your Account. You must contact us no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared You will need to tell us:

1. (1) Your name and Account or card number.
   

   (2) Why you believe there is an error, and the dollar amount involved.
   

   (3) Approximately when the error took place.
   

       If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, and your Account is verified with us, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account. For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, please contact Customer Service.

    

   e. Your Liability for Unauthorized Visa Transactions

      Visa Zero Liability policy covers U.S.-issued Visa-branded Cards only and does not apply to certain commercial card and anonymous prepaid card transactions or transactions not processed by Visa. You must use care in protecting your card and notify us immediately of any unauthorized use.

    

5. MONEY TRANSFER AND CASH PICKUP BY RIA^®

a. Services

    You may use Serve's Money Transfer Powered by Ria^® service ("Money Transfer") to make transfers from your Account for cash pickup by third-party recipients at any Walmart store located in the U.S. or Puerto Rico. You may use Serve's Cash Pickup Powered by Ria^® service ("Cash Pickup," and together with Money Transfer, the "Money Transfer Services") to make transfers from your Account for cash pickup by you at any Walmart store located in the U.S. or Puerto Rico. The Money Transfer Services can be accessed online at the Serve website and the Serve Mobile Application.

    The Money Transfer Services are provided by Ria^®, licensed money transmitter, subject to Ria's Terms of Service and Privacy Policy, the terms and conditions applicable to Cash Pickup and Money Transfer, as applicable, set forth at the Serve website and the Serve Mobile Application, and the terms and conditions of this Agreement.

    Ria is a registered trademark of Continental Exchange Solutions, Inc. dba Ria Financial Services, licensed as a Money Transmitter by the Department of Financial Services of the State of New York; licensed by the Georgia Department of Banking and Finance, NMLS I+ D 920968; and authorized independently or through its affiliate, Ria Financial Services Puerto Rico, Inc. OCIF LICENSE NUMBER TM-2014-031, to operate as a Money Transmitter in all United States' jurisdictions where it conducts business.

Please note:

The Money Transfer Services are provided by Ria, subject to Ria's Terms of Service and Privacy Policy, the terms and conditions applicable to Cash Pickup and Money Transfer, as applicable, set forth at the Serve website and the Serve Mobile Application, and the terms and conditions of this Agreement. We are not responsible for Ria's acts or omissions in its provision of the Money Transfer Services. Subaccount Users are not currently eligible to use the Money Transfer Services.

b. Debiting of Account; Cancellation of Transactions.

    The Cash Pickup and Money Transfer amount and associated fee for each Cash Pickup or Money Transfer transaction requested by you will be debited from your Account immediately upon your submission of a Cash Pickup or Money Transfer request.

    At any time prior to your or your recipient's pickup of related funds, you may cancel a Cash Pickup or Money Transfer transaction by accessing your Transaction History on the Serve website. If you or third-party recipient does not pickup his or her cash at Walmart within twenty-one (21) days after transaction submission, the Cash Pickup or Money Transfer transaction will be canceled and Ria will recredit your Account for the amount of the transfer and associated fee.

c. Accuracy of Information

    You are responsible for the accuracy of all information you provide in connection with each Cash Pickup and Money Transfer transaction requested by you.

d. Limitation

    We and Ria reserve the right, subject to Applicable Law, to change the amount of your Money Transfer Services transaction limits, limit, block or place a hold on certain types of transfers or transactions, and/or suspend your access to the Money Transfer Services, in our respective sole discretion.

6. BILL PAY SERVICE

    You may use Serve’s bill payment service ("Bill Pay") to make one-time payments from the Serve Account to companies or individuals that you select ("Payees"), subject to the terms and conditions of this Agreement and the terms and conditions applicable to Bill Pay set forth at the Serve website and the Serve Mobile Application.  

    Bill Pay can be accessed at the Serve website and the Serve Mobile Application. The payment amount for each Bill Pay transaction you requested will be debited from your Account immediately upon submission of the Bill Pay request. Payments to Payees will be sent either by means of an (i) ACH or other electronic payment transaction or (ii) check drawn on our account or the account of our vendor and delivered via mail or courier (the service pursuant to which Bill payments to Payee via check is referred to herein as the our “Mail a Check” service). Payments will be processed and sent via ACH or mail/courier not later than the second (2nd) Business Day after request. Payments via ACH will generally be credited on the next Business Day after processing. The actual delivery date of payments sent via check will depend on the mail/courier and is outside of our control. If a Payee fails to negotiate the check within ninety (90) days, we will stop payment on the check and recredit the Account for the amount of the payment. If a check is returned to us prior to the end of the ninety (90) days, we will stop payment on the check and recredit the Account.

    Please note: Subaccount Users are not eligible to use the Bill Pay service.

    Payments via the Bill Pay service to registered Payees may not exceed $15,000 per month, and bill payments to non-registered Payees may not exceed $5,000 per month. To ensure timely payment of your bills, you must submit Bill Pay transaction requests and the Account must have requisite Available Funds and be in good standing at least six (6) Business Days before the date payment is required to be made.

    Prior to the cut-off time established by us with respect to each Payee (the "Cut-Off Time" in respect of such Payee), you may cancel a Bill Pay bill payment to a Payee by logging into your Account. After the Cut-Off Time, you  may stop payment on bill payments sent via check (but not bill payments sent via an electronic payment transaction) at any time prior to a Payee's deposit of such check with their bank by calling Customer Service. Prior to the applicable Cut-Off Time with respect to a scheduled payment to a Payee, you may choose to “edit” or “cancel.”

    Bill Pay transaction requests can only be submitted for immediate processing.  We shall have no liability in the event we cannot complete a Bill Pay transaction due to insufficient funds in the Account or the payment to the Payee being blocked for any reason. We reserve the right, subject to Applicable Law, to change the amount of your Bill Pay transaction limits, limit, block or place a hold on certain types of transfers or transactions, limit, suspend or block transfers to particular persons, entities or recipients and/or suspend your access to the Bill Pay service, in our sole discretion.

a. Accuracy of Information 

    You are responsible for the accuracy of all information you provide in connection with each Bill Pay transaction you initiate, including the identifying information of the recipient and the amount of the transaction.

7. SUBACCOUNTS

    You may authorize up to four (4) additional cards, called “Subaccounts”. This feature offers the ability to have one or more Subaccount (each a "Subaccount”) connected to your Account that you can control and transfer money into and out of for use by Authorized Users who meet the eligibility requirements of this feature. A Subaccount is a feature of the Account and is not a separate Account. To open and maintain a Subaccount you must have a verified email address and have provided your social security number if prompted to do so on the Serve website.

    Only a person with a valid Account in good standing (meaning, your Account is not presently subject to an open/pending investigation and you are not in violation of this Agreement or any other agreement we have with you) may open and maintain a Subaccount and receive a Subaccount card linked to the Subaccount.

    By opening a Subaccount, you agree to be fully liable and responsible for all Subaccount Users’ transactions, actions, obligations, uses and liability related to the Subaccount, any Subaccount card issued for a linked Subaccount, the Subaccount User’s use at any websites, and all other obligations of the Subaccount User related to the Subaccount or the Subaccount card.

    At present, you may open up to a maximum of four (4) Subaccounts at any given time. There may be only one Subaccount User for each Subaccount. We reserve the right, in our sole discretion at any time, to limit the number of Subaccounts an individual may have available to him or her. 

    A Subaccount User must be an individual who is at least eighteen (18) years of age (or nineteen (19) years of age if he or she resides in a state where the age of majority is nineteen (19)), and reside in the U.S. You may also open a Subaccount for individuals between the age(s) of thirteen (13) and eighteen (18) (or nineteen (19) where applicable), where you are that individual’s parent or legal guardian or have the appropriate consent from that individual’s parent or legal guardian, subject to the Main Accountholder’s and Subaccount User’s meeting any eligibility requirements.

    Subaccounts are subject to all of the terms and conditions of this Agreement and all limitations (including transaction limits) imposed by you as the Cardholder or us on the Subaccount or on a Subaccount card.

    All Subaccount transactions count against your transaction limits as though you conducted the transactions yourself. For example, if you have a $750 per day ATM Withdrawal limit on your Account and the Subaccount User withdraws $250 from an ATM during a day, additional ATM Withdrawals from your Account will be limited to $500 that day.

    If the Subaccount User violates this Agreement and allows someone else to use the Subaccount or Subaccount card, then you agree that all transactions, actions, obligations, and uses of the Subaccount or the Subaccount card done by that third person (including transactions, actions, or uses of the Subaccount that exceed the authority granted to the third person by the Subaccount User or Subaccount User’s card) will be deemed to be those of the Subaccount User and that you will be liable for those transactions as well. You agree to provide copies of all relevant agreements, consents and disclosures regarding and including but not limited to copies of this Agreement and the Privacy Notice, to each Subaccount User and Subaccount User’s card... Closure of a Subaccount results in termination of your privileges with respect to the associated Subaccount card.

    Use of Subaccount cards is subject to the same restrictions on your card, and we may hold you and/or any Subaccount Users liable for misuse of the Subaccount User’s card.

8. GOALS

    You may establish and manage Goals ("Goals") via the Serve website or the Serve Mobile Application and transfer funds from the Serve website to Goals for the purpose of putting funds away towards specific goals, emergencies, or other purposes, subject to the terms and conditions of this Agreement and the terms and conditions applicable to Goals set forth at the Serve website or the Serve Mobile Application.

    You may establish up to six (6) Goals, and Subaccount Users may not establish Goals. There are no fees associated with the establishment or use of Goals.  Funds in Goals are insured by the FDIC on the same basis as Account funds.  

    Funds can only be added to Goals by transfer of funds (on a one-time or recurring basis) from your Account. Funds transfers between your Account and Goals are immediately processed. Funds so transferred are no longer considered part of your Available Balance and accordingly are not available for immediate spend or other use. For example, if you attempt to make a purchase or withdrawal from your Account that exceeds the Available Balance, the purchase or withdrawal will not be authorized by us (except as otherwise provided in this Agreement), even if you have sufficient funds to cover the shortfall in your Goals.

    To spend or otherwise use funds held in your Goals, the funds must be transferred from your Goals back to your Account, at which time such funds will once again be considered part of your Available Balance.

    If your Account is suspended or frozen, you will not be able to transfer funds from your Goals to your Account. This means that you will not be able to access the funds in your Goals until the freeze or suspension on your Account is lifted. Goals transactions are fully reflected in your transaction history, accessible via the Serve website or the Serve Mobile Application. You agree that we may recover amounts held in your Goals if you owe any amounts to us, even if such liability is unrelated to the Goals.

    Once established, Goals can be closed only in connection with the closure of your Account. If you or we close your Account, your Goals will be simultaneously closed, and the funds in your Goals will be returned to you on the same basis as the return of funds in your Account.

    You may choose to have us transfer funds from your Account to your Goals on a recurring basis. If you instruct and authorize us to make recurring transfers from your Account to your Goals, then we will continue to do so on a regular basis until you cancel the authorization, or except as provided below: 

1.       (1) If there are insufficient funds in the Account at the time that a pre-authorized recurring transfer is scheduled to occur, then the transfer will not occur. We will not make a partial transfer (i.e., a transfer for less than the amount of the scheduled transfer) if the available funds are insufficient to cover the full amount of the scheduled transfer. We will not attempt to make the transfer after sufficient funds are subsequently added to the Account.

(2) You may verify that a preauthorized transfer occurred as scheduled through the Serve website or the Serve Mobile Application, or by calling Customer Service

(3) You may stop a preauthorized recurring transfer through the Serve website or the Serve Mobile Application, or by calling Customer Service. If you cancel a preauthorized recurring transfer authorization at least three (3) days before the next scheduled transfer, then we will stop that transfer. If you cancel a preauthorized recurring transfer authorization within three (3) days of the next scheduled transfer, then we might not be able to stop the next scheduled transfer. If you instruct us to stop payment of an individual transfer, we will cancel the entire series of recurring transfers, and you will need to provide us with a new authorization in order to resume recurring transfers.

(4) If you instruct us to stop payment on a recurring transfer via the telephone, then we may require you to provide us with written confirmation of the stop payment order within fourteen (14) days of the oral notification. If you do not provide us with this written confirmation within fourteen (14) days, then we will not be bound by your oral instructions after fourteen (14) days.

(5) If we fail to stop payment of a preauthorized transfer in accordance with your instructions and the terms specified above, then we will be liable to you for all damages proximately caused by such failure. We will not be liable, however, if we can show by a preponderance of the evidence (i) that our failure resulted from an act of God or other circumstance beyond our control, that we exercised reasonable care to prevent such an occurrence, and that we exercised such diligence as the circumstances required; or (ii) that our failure resulted from a technical malfunction which was known to you at the time that the transfer should have occurred. If our failure to stop payment of a preauthorized transfer was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, we shall be liable only for actual damages proved.

(6) Each preauthorized recurring transfer in a series must be in the same amount. If you wish to change the amount of recurring transfers, then you must cancel the authorization and provide us with an authorization for a new series of recurring transfers.

9. SENDING MONEY TO (AND REQUESTING MONEY FROM) OTHER CARDHOLDERS AND USERS

a. Send Money Transactions; Limits

    You may use Serve to send money to, and request money from, another Serve Cardholder, subject to the payment of any fees that apply to your transaction and the terms and conditions of this Agreement. A Subaccount User may send money to another Serve Cardholder and request money from you (the Cardholder), subject to the Send Money transaction limits the Cardholder sets for the Subaccount User, the payment of any fees that may apply to the transaction and the terms and conditions of this Agreement. "Send Money" and "Request Money" transactions can be conducted either via the Serve website or the Serve Mobile Application. Payment to a merchant, business, or any type of commercial entity, or a payment (or request) sent in connection with the sale of goods or services or for payment on a debt or amount owed, is not an eligible use of Send Money and is prohibited (Pay Bills is the only currently approved means of sending payments to a merchant, business or other commercial entity via Serve).

Please note: You and linked Subaccount Users may, in the aggregate, Send Money in amounts not to exceed $2,500 per transaction and $2,500 per month, subject to the Spend Money limits set forth in Section 4.b. We do not currently charge any fees for Send Money transactions. Send Money transactions will be funded from and to the extent of Available Funds in the relevant Account or Subaccount or as otherwise provided in this Agreement.

    We reserve the right, subject to Applicable Law, to change the amount of your Send Money transaction limits, limit, block, or place a hold on certain types of transfers or transactions and/or limit, suspend or block your transfers to particular persons, entities or recipients and/or suspend your access to the Send Money service, in our sole discretion.

b. Send Money Authorizations

    Each time you initiate or accept a Send Money transfer through Serve, you authorize us to debit or credit the relevant Accounts on your behalf in accordance with your instructions and the terms and conditions of this Agreement. Your authorization permits us to complete the transfer (including deducting any applicable fees) and to correct any errors in the transfer, to the extent permitted by Applicable Law. You also authorize us to debit your Account and Subaccount, balance or any of your linked Add Funds Sources, if another User did not actually have sufficient good funds to pay for a transfer that was credited to you. All transfers must comply with Applicable Law.

c. Refused and Returned Send Money Transactions

    In the event an intended recipient refuses or fails to accept your Send Money transaction, you agree that you will not hold us liable for any damages resulting from such refusal or failure. Send Money transactions, unless earlier cancelled by you in accordance with the terms and conditions of this Agreement, are available for acceptance by the recipient for thirty (30) days. We will promptly return to your Available Funds any Send Money transaction that has not been accepted by the recipient within thirty (30) days after the date you initiated the Send Money transaction. Notwithstanding the foregoing, if the recipient earlier informs us they are rejecting your Send Money transaction, then we will return such amount to your Available Funds promptly after being so informed.

d. Send Money Transactions to a Non-Registered Cardholder

    When you initiate a Send Money transaction to a person who is not a registered Serve Cardholder, provided the person to whom you are trying to Send Money has not opted out of receiving email communications from us, we will attempt to notify the person via email about the process to become a registered Cardholder and accept the funds. If the person becomes a registered Cardholder and accepts the Send Money transaction within thirty (30) days after you initiate the transaction, then the funds will be transferred to that person's Account and made available to the person in accordance with the terms and conditions of this Agreement. If the person does not become a registered Cardholder and accept the Send Money transaction within such thirty (30) day period, or if you cancel the transaction before the person becomes a registered Cardholder and accepts the transaction, we will return the funds to your Available Funds within three (3) business days after any such event.

e. Receiving Money from Other Users

    You may use Serve to request or receive money from another Cardholder, and a Subaccount user may use Serve to request or receive money from you ("Receive Money"), subject to the payment of any fees that may apply to your transaction and the terms and conditions of this Agreement. Receive Money transactions may be conducted via the Serve website or the Serve Mobile Application.

10. CONFIDENTIALITY

We may disclose information to third parties about your Account or the transactions you make:

(1) Where it is necessary for completing transactions; 

(2) In order to verify the existence and condition of your Account for a third party, such as merchant; 

(3) In order to comply with government agency or court orders, or other legal reporting requirements; 

(4) If you give us your written permission;

(5) To our employees, auditors, affiliates, service providers, or attorneys as needed; or

(6) As otherwise necessary to fulfill our obligations under this Agreement. 

11. DOCUMENTATION

a. Receipts

    You may be able to get a receipt at the time you make any transfer to or from your card using an ATM or point-of-sale terminals. You may need a receipt in order to verify a transaction with us or the merchant.

b. Account History and Balance

    You may obtain information about your Account balance by going to the Serve website, the Serve Mobile Application or calling Customer Service. This information, along with a twelve (12) month history of Account transactions, is also available online at the Serve website mentioned above. 

    If your Account is registered and verified with us, you also have the right to obtain at least twenty-four (24) months of written history of Account transactions by calling or by writing Customer Service.

12. TRANSACTIONS AND PREAUTHORIZED TRANSFERS

a. Right to stop payment and procedure for doing so

    If you have told us in advance to make regular payments out of your Account, you can stop any of these payments.  Call or write to Customer Service with the contact information located at the beginning of this Agreement in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If we do not receive the written request within fourteen (14) days after you call, we may honor subsequent payments with your Account. 

b. Notice of varying amounts

    If these regular payments vary in amount, the person you are paying should tell you, at least ten (10) days before each payment, when it will be made and how much it will be.

c. Liability for failure to stop payment of preauthorized transfer

    If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

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d. Our liability for failure to complete transactions

1.           If we do not complete a transaction to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions.  We will not be liable, for instance:

(1) If, through no fault of ours, you do not have enough funds available in your Account to complete the transaction; 

(2) If a merchant refuses to accept your card; 

(3) If an ATM where you are making a cash withdrawal does not have enough cash; 

(4) If an electronic terminal where you are making a transaction does not operate properly and you knew about the problem when you initiated the transaction;  

(5) If access to your card has been blocked after you reported your card or PIN lost or stolen;  

(6) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 

(7) If we have reason to believe the requested transaction is unauthorized; 

(8) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

(9) For any other exception stated in our Agreement with you.

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e. Preauthorized Credits

1.           If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same person or company, the person or company making the deposit should tell you every time they send us the money. You can call Customer Service to find out whether or not the deposit has been made.

1.        

f. Authorization Holds

    With certain types of purchases (such as those made at restaurants, car rentals, hotels, cruise lines, or similar purchases), your Account may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.

13. ADDITIONAL TERMS OF THE AGREEMENT

1.       a. Personal Identification Number (“PIN”)

1.           When you register for an Account, you will select a personal identification number (“PIN”) that may be used to access your Account and authorize transactions. When using your card prior to registering for an Account (or if you choose not to register your Account), you will select a PIN of your choice when you first use the card at a merchant’s Point of Sale (“POS”) device. Any four digit code will work as the initial PIN for your first PIN-based transaction. After the first PIN-based transaction, you must use the same PIN for each subsequent PIN-based transaction, unless and until you (i) register for an Account and establish your PIN during the registration process, or (ii) contact Customer Service by calling 1-833-729-9646 to select a new PIN to use during your next PIN-base transaction at a merchant’s POS device. You will be required to provide information about the card (account number, expiration date and security code) to deactivate the PIN. UNREGISTERED CARDS ARE NOT ACCEPTED AT ATMS AND CANNOT BE USED TO OBTAIN CASH IN ANY PURCHASE TRANSACTION.

    You must keep your PIN and password confidential and not disclose them to others. You should not write or keep your PIN or password with information regarding your Account or card, or if you have a Subaccount you should not write or keep your PIN or password with information regarding your Subaccount or Subaccount card.  You should not write or keep your PIN with your card.  Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should contact Customer Service immediately. 

1.       b. Returns and Refunds 

    If you are entitled to a refund for any reason for goods or services obtained with your card, the return and refund will be handled by the merchant. If the merchant credits your card, the credit may not be immediately available.  While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your card.

1.       c. Card Replacement and Expiration

    If you need to replace your card for any reason, please contact Customer Service or visit the Serve website. See Fee Table for applicable fees.  Please note that your card has a “Valid Thru” date on the front of the card. You may not use the card after the “Valid Thru” date on the front of your card.  However, even if the “Valid Thru” date has passed, the available funds on your card do not expire. You will not be charged a fee for replacement cards that we send due to expiration of the card. 

1.       d. Authorized Users

    If you allow another person to use the card, you will be responsible under this Agreement for all transactions made by that person, regardless of whether you intended to be responsible for all of them, as well as all associated fees and charges, even if any of those transactions, fees or charges caused your balance to go negative.

1.       e. Communications

    You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you with any contact information you provide to us, including cellular and wireless phone numbers, landline numbers, and email addresses. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.

1.       f. Virtual Cards

    If you request an Account online and we are able to verify your identity to our satisfaction, we will provide you with a temporary virtual card (“virtual card”) that you can use until you receive your personalized card in the mail at the address you provided during registration.  A virtual card is an online representation of a card you can use until you receive your personalized physical card. You can use the virtual card as provided in this Agreement, with the following limitations: you may not add funds to your Account using your virtual card; you may not access ATMs with your virtual card; purchase transactions using your virtual cards are limited to $500.00. Your virtual card will expire and will no longer be able to be used, as soon as you activate your personalized card.

g. Mobile Application and Text Messaging

1.       (1) Mobile Application 

    The Serve Mobile Application allows you to use your mobile device to manage your Account and send, request, and receive payments through the Account. The Mobile Applications may not work with all mobile devices (it is currently available only for U.S. wireless telephone numbers), and not all functionalities of the Account are available on mobile devices or through the Mobile Application. The Mobile Application does not permit or support currency conversion and is subject to the limits set forth in Section 4(b). If you use the Mobile Application, you are solely responsible for any fees that your wireless service provider or other third-party charges, such as fees for messages and data services. Your wireless service provider is not the provider of the Mobile Application, and we are not responsible for the hardware and/or mobile device you use in downloading and using the Mobile Application, or for any third-party software you may need to use the Mobile Application. Any third-party software is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at the time of download and installation.

(2) Text Messaging 

1.           In order to receive text messages from us (e.g., about your Account, offers and news about the Account, etc.) or use certain features of the Account that we may make available that require the use of text messaging, you must (i) opt in to the short message service or SMS, program ("SMS Service") on the Serve website and (ii) expressly consent to receive text messages from us.

    If you have successfully registered for and opted in to the SMS Service (which requires, among other things, successfully verifying the U.S. wireless telephone number(s) you wish to use in connection with your use of the SMS Service), you understand that you will receive text messages in connection with your use of the SMS Service to, among other things, provide you with the information you request, and otherwise in connection with certain transactions initiated by you, or initiated by others that wish to transact with you, via SMS (e.g., by sending to you, or requesting from you, money). In addition to those messages, you understand that, as part of the SMS Service, you also may receive error messages, confirmatory messages and other similar administrative messages from us via text at your U.S. wireless telephone number(s) you have provided for such purposes. Message frequency varies by Account, by transaction volume, and by preferences selected.

    You understand that your wireless service provider's message and data rates may apply to text messages sent and received in connection with the Account (including, without limitation, any error messages, confirmatory messages or other administrative messages that you may receive in connection with your use of the Account), and may appear on your wireless service provider's bill or be deducted from your pre-paid wireless balance.

    You may cancel your enrollment in the SMS Service at any time by replying "STOP" to any text message you receive from us, by texting "STOP" to 73783 or by logging into your Account via the Serve website or via the Serve Mobile Application and cancelling enrollment, and you understand that, for your protection, you may receive a text message on your U.S. wireless telephone number confirming your cancellation. If you require information or assistance, reply "HELP" to any text message you receive from us or text "HELP" to 73783, or call Customer Service.

14.  LEGAL NOTICES

1.       a. English Language Controls

1.             Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning.  The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

1.       b. Account Closure

    We reserve the right to close your Account for any reason in our discretion, including should you complete or attempt to complete any of the prohibited actions in this Agreement. You may close your Account at any time by contacting Customer Service or by visiting the Serve website. Account closure will not affect any of our rights or your obligations arising under this Agreement prior to the request.  Should your Account be closed, we will issue you a credit for any unpaid balances, subject to fees as disclosed in the Fee Table. 

1.       c. Disclaimer of Warranties

    EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING OUR SERVICES OR ANY FINANCIAL SERVICE OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

1.       d. Assignability

    You may not assign or transfer your card, Account, or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in your Account. If we assign our rights, you will get a notification from us.

1.       e. Amendment and Cancellation

    We may change this Agreement at any time. We may add new terms or delete or amend existing terms, add new services and discontinue existing services, or convert existing services into new services. We will give you reasonable notice in writing or by any method permitted by law of an adverse change to this Agreement. However, if the change is made for security purposes, we can implement such change without prior notice unless otherwise required by law. We may, but are not required to, notify you of changes that we make for security reasons or that we believe beneficial or otherwise not adverse to you. When we change this Agreement, the then-current version of this Agreement supersedes all prior versions and governs your Account. If you continue to use your Account or keep it open, you are deemed to have accepted and agreed to any changes, as of the effective date of any such change.

1.       f. Legal Process

    We will comply with any state or federal legal process, including, without limitation, any writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena or warrant relating to you or your Account which we believe to be legally valid. You agree that we will honor valid legal process that is served personally, by mail, or by facsimile transmission. You agree that we will have no liability to you for honoring any such legal process.  You also agree that you will be obligated to assert any claims of exemption you may have under state or federal law and that we will have no obligation to assert the same on your behalf except to the extent required under any applicable state or federal law. We will also have and may enforce our right of setoff and security interest against any of your Accounts in order to reimburse us for any sums owed to us.  We may refuse to permit withdrawals or transfers from your Account until such legal process is satisfied or dismissed even if such action results in insufficient funds to satisfy an obligation you may have incurred. You agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costs and damages including, without limitation, attorneys’ fees, associated with our compliance with any legal process we believe to be valid.  When we receive an order instructing us to restrict access to funds in an Account, we may remove the funds from the Account and maintain them separately. These funds will not earn interest and will not be considered as part of your combined balances when we determine Account fees and rates.

1.       g. Other Terms

    We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice).  If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement will not be affected.  This Agreement will be governed by the law of the state of South Dakota except to the extent governed by federal law.  Should your Card have a remaining balance after a certain period of inactivity, we may be required to remit the remaining funds to the appropriate state agency.

15. JURY TRIAL WAIVER

    YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES.  TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT.  THIS JURY TRIAL WAIVER WILL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION CLAUSE SET FORTH IN THE FOLLOWING SECTION, WHICH CONTAINS ITS OWN JURY TRIAL WAIVER.

16. ARBITRATION CLAUSE

    We have put this Arbitration Clause in question and answer form to make it easier to follow. However, this Arbitration Clause is part of this Agreement and is legally binding. For purposes of this section, our “Notice Address” is: Pathward^®, National Association, Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108.