POINT Terms of Use

Welcome to the terms of use for POINT Up Inc., which we call “Terms.”

Last updated: May 6, 2019

Please read these Terms carefully before using the POINT mobile application (“App”) operated by POINT Up Inc. (“Point,” "us", "we", or “our"). By accessing and/or using the App for digital banking or related services, you are agreeing to these Terms, which we may update or amend from time to time as set forth herein. You agree that these Terms are the equivalent of a signed, written contract and constitute a legally binding agreement between Point and you, and that you have read the Terms and understand and accept them.

These Terms govern your use of the App to access banking services offered in conjunction with our partners. Our partners have their own terms that apply to use of their services, and by using the banking services through the App, you are agreeing to be bound by those separate terms. Those terms are: , as the same may be updated from time to time.

Non-Commercial Use

The App may be used for non-commercial personal use only. A business cannot register for banking services through the App.

Banking Services Provided by Evolve

Through the App, you may open a POINT checking account (“POINT Checking Account”) with Evolve Bank & Trust, Member FDIC (“Evolve Bank”), and may be issued a POINT debit card ("Card”) by Evolve Bank to make transfers from your POINT Checking Account. We and Evolve Bank use the services of Synapse Financial Technologies, Inc. (“Synapse”) to make available your POINT Checking Account and Card. Your POINT Checking Account and Card are governed by the Evolve Bank Consumer Deposit Agreement (“Evolve Deposit Agreement”), which you can access here, and the Evolve Bank Consumer Visa Card Agreement (“Card Agreement”), which you can access here. By opening your POINT Checking Account or conducting any transaction involving either the POINT Checking Account or Card, you agree to the terms in the Evolve Deposit Agreement and Card Agreement, as applicable. If there is a conflict between the provisions in this “Banking Services” section and the provisions of the Evolve Deposit Agreement or Card Agreement, as applicable, the provisions of the Evolve Deposit Agreement or Card Agreement will control to the extent of the conflict. You also agree to Synapse’s Terms of Service and Privacy Policy, linked here. To report a complaint relating to your POINT Checking Account, email help@synapsefi.com.

External Account Linkage

We use Plaid (or other service provider designated by us) to gather your data from financial institutions and provide such data and your instructions to initiate funds transfers. By using the App and the banking services, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

Fees

Fees for the banking services and other services you receive through or in connection with the App will be charged based on Point’s current fee schedule available here (“Fee Schedule”). By accessing and/or using the App for digital banking or related services, you are agreeing to pay the fees and charges listed in the Fee Schedule, which we may update or amend from time to time as set forth herein.

Availability, Errors and Inaccuracies

You agree to repay us promptly any amount credited to your account in error, and you authorize us (or our processor) to debit your account to obtain payment of any erroneous credit. We are constantly updating product and service offerings through the App. We may experience delays in updating information on the App and in our advertising on other web sites. The information found on the App may contain inadvertent errors or inaccuracies and may not be complete or current.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the App and the banking services will be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Rewards

Point offers rewards in connection with your use of the banking services through the App. Point has sole discretion to determine when, how, and under what conditions you may qualify for or earn rewards. All rewards offered are subject to and controlled by the POINT Rewards Agreement.

Accessing the App

We reserve the right to withdraw or amend the App, and any service or material we provide (or provide access to) on or through the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.

You are responsible for both: (a) making all arrangements necessary for you to have access to the Website, and (b) ensuring that all persons who access the App through your mobile device or user account are aware of these Terms and comply with them.

User Accounts

You may be asked to create a user account through the App to access certain services, including the banking services, offered in conjunction with our partners. When you create a user account with us through the App, you guarantee that you are above the age of 18 (or the age of majority in the state in which you reside), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your user account. You also agree that you will not use the App or you user account for any illegal transaction or activity.

You are responsible for maintaining the confidentiality of your user account and password, including but not limited to the restriction of access to your computer and/or user account. You agree to accept responsibility for any and all activities or actions that occur under your user account and/or password, whether your password is with us or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your user account.

You hereby grant us the right to disclose to third parties certain information about you that you provide as part of your user account creation.

Information About You and Your Use of the App

All information we collect in connection with your access to or use of the App is subject to our Privacy Policy. By accessing or using the App, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Intellectual Property

The App, including its content, is and will remain the exclusive property of POINT Up Inc. and its licensors. For purposes of these Terms, “content” means any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our App and is owned by us or our affiliates. The App and related materials are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of POINT Up Inc.

You may not copy, display, reproduce, modify, republish, upload, post, transmit, transfer, license, or distribute in whole or in any part in any form or by any means whatsoever for public or commercial purposes the Site, its content, its software, or its offerings without prior written permission from us. Unauthorized use of our content may violate copyright, trademark, and other laws. Nothing on the App should be construed as granting, by implication or otherwise, any license or right to use POINT Up Inc.’s intellectual property without our prior written permission specific for each such use. All goodwill generated from the use our trademarks must be for the benefit of POINT Up Inc.

We respect the intellectual property rights of others. We will review all claims that we receive of copyright infringement. If we deem that any content is in violation of applicable laws, we will remove it.

Our designated agent under the Digital Millennium Copyright Act for the receipt of any claimed infringement notifications is:

To help us identify any work that you believe constitutes a copyright infringement, please provide us with the follow:

  1. A description of the copyrighted work and the URL on which it appears.
  2. Your contact details, including email address.
  3. A statement that you have a good faith belief that our use of the work is not authorized.
  4. A statement, made under the penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
  5. An electronic or physical signature of the copyright owner or a person authorized to act on their behalf.

Warranty Disclaimers and Limitation of Liability

THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OR IN CONNECTION WITH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER POINT NOR ANY PERSON ASSOCIATED WITH POINT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER POINT NOR ANYONE ASSOCIATED WITH POINT REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR IN CONNECTION WITH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP, OUR SITE, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR IN CONNECTION WITH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF POINT AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO US PURSUANT TO THE FEE SCHEDULE IN THE LAST SIX (6) MONTHS FOR THE APPLICABLE ITEM OR SERVICE OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Point, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, any content you provide to us, any use of the App’s content, services, banking services and products provided by Evolve (or other financial institution) other than as expressly authorized in these Terms, or your use of any information obtained from the App.

Links To Other Web Sites

Our App may contain links to third party web sites or services that are not owned or controlled by Point. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

You agree that we may, in our sole discretion, restrict, terminate, or suspend your access to all or part of the App with or without notice and for any or no reason, including without limitation, any violation of these Terms. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Miscellaneous

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of [California][, in each case located in the City and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Although the App may be accessible worldwide, we make no representation that the App is appropriate or available for download or use in locations outside the United States. If you choose to access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws in your jurisdiction.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between us regarding the App and the digital banking and related services provided through or in connection with the App, and supersede and replace any prior agreements we might have had.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access and/or use our App for digital banking or related services after any revisions become effective, you accept and agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App or digital banking or related services. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Contact

If you have any questions about these Terms, please contact us at help@point.app.

Bank services are provided through our banking software provider, SynapseFI. To report a complaint relating to the bank services, email help@synapsefi.com or call +1(415) 688-2943.

Customer Service agents are available to answer your calls: 


Pacific Time: Monday through Friday: 10:00 AM – 5:00 PM