Last Updated 01/18/21
Please read this Extra Cash Deposit Account Agreement (the “Agreement”) carefully and retain it for your future reference. This Agreement contains the general terms, conditions and disclosures related to the non-interest bearing demand deposit account (“Extra Cash Account”) and made available to eligible consumers by Evolve Bank & Trust (“Evolve”), member of the Federal Deposit Insurance Corporation (“FDIC”), in partnership with Dave Inc. (“Dave”), the program partner and financial technology company responsible for managing the Extra Cash Account and Dave Card program. All banking services described in this Agreement are provided by Evolve
When you see the words “we,” “us,” or “our” in this Agreement, it refers to Evolve, as well as any of its affiliates, successors, assignees, agents or service providers. When you see the words “you” or “your,” it refers to you, the owner of the Extra Cash Account, as well as your personal representatives, executors, administrators, and successors.
If there is a conflict between this Agreement and any other document or statement made to you concerning the Extra Cash Account, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Extra Cash Account, the separate terms and conditions applicable to that service or product will govern. Section headings that appear in this Agreement are for convenience purposes only and are intended to help you find information. They should not be construed as affecting the meaning of the Agreement.
By opening or continuing to hold an account with us, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with the Extra Cash Account.
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION VII(K) OF THIS AGREEMENT.
Extra Cash Account is a part of Dave’s pilot program. Terms and conditions for the account may be updated without prior notice and may vary based on whether you have been randomly selected to be a part of the pilot program or a test group. Random selection is triggered at account creation and occurs solely through automated algorithms.
The Extra Cash Account is a non-interest-bearing demand deposit account used to hold your deposits and make payments and transfers between accounts you may have at other banks. The Extra Cash Account is intended to allow you to establish a cash reserve to help you cover emergencies and other unexpected expenses.
The Extra Cash Account is available to United States citizens or lawful permanent residents of the fifty (50) United States (“U.S.”), the District of Columbia, American Samoa, Guam, Marshall Islands, Northern Mariana Islands, Palau and US Virgin Islands who are at least 18 years of age, have a U.S. physical address or with military addresses (APO or FPO), and have a valid Social Security Number or Tax Identification Number. The Extra Cash Account is only available to individuals for personal, family or household purposes and may not be opened by a business in any form, used for business purposes, or be used to deposit the proceeds of business-purpose credit such as Paycheck Protection Program (“PPP”) loan funds.
You must also agree to go paperless. This means that you must (1) provide us with a valid email address and (2) agree to accept electronic delivery of all communications that we need or decide to send you in connection with your Extra Cash Account. Please refer to the Dave Electronic Signatures in Global and National Commerce Act (ESign) Policy https://www.dave.com/electronic-communications-consent for additional details. We may decline to open a Extra Cash Account to you for any reason, or for no reason; this includes if you have had or currently have any other relationships or accounts with either us or Dave that you did not maintain in a satisfactory manner. We are not liable for any damages or liabilities resulting from refusal of a Extra Cash Account relationship.
The Extra Cash Account may only be owned in the name of one person who may make deposits and transfer or withdraw funds. The Extra Cash Account cannot be owned or titled as a joint account, trust account, a Uniform Transfers to Minors (UTMA) account or a Payable On Death (POD) account.
You may apply for a Extra Cash Account by submitting a request through the Mobile App and providing all requested information.
Important information about procedures for opening a new Extra Cash 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 identifying each person who opens a Extra Cash Account. This means that when you open a Extra Cash Account, we will ask for your name, street address, Social Security Number or Tax Identification Number, date of birth and other information that will allow us to identify you. We may also ask to see identifying documents, such as a driver’s license.
There is no minimum deposit required to open an Extra Cash Account and no minimum balance you need to maintain in your Extra Cash Account. You may maintain a maximum balance of up to $500. If you exceed the maximum balance at any time, we reserve the right to transfer the amount of your balance in excess of the maximum to another bank account you have with us or to a linked account.
You agree to notify us promptly—through either yourself or your representative—if you die or become legally incapacitated. If we receive notification or if we have reason to believe that you have died or become incapacitated, we may place a hold on your Extra Cash Account and refuse all transactions until we know and have verified the identity of your successor. Until we receive notice and any required proof of death or incapacitation, we may continue to accept deposits and process transactions to your Extra Cash Account. Your estate will be responsible for repaying us for any tax liability resulting from payment of your account balance to your estate. You agree to hold us harmless for any actions we take based on our belief that you have died or become incapacitated, or any notices of death or incapacitation that we receive. If certain payments originating from government entities are deposited into your Dave Account after your death, we may be required to return those payments to the originator upon notice. If you owe us a debt at the time of your death, we are authorized to exercise our right of setoff or security interest rights against the funds credited to your Extra Cash Account after your death.
By opening a Extra Cash Account, we are establishing a Extra Cash Account relationship with you and committing to act in good faith and to the exercise of ordinary care in our dealings with you as defined by the Uniform Commercial Code as adopted by the State of Tennessee. This Agreement and the Extra Cash Account relationship do not create a fiduciary relationship or any other special relationship between you and us.
Your privacy is very important to us. Under this Agreement, we will generally only disclose information to third parties about your Extra Cash Account or the transactions you make:
To verify your identity and determine if we should open a Extra Cash Account for you using services provided to us by third parties.
Where it is necessary for completing a transaction.
To verify the existence and condition of your Extra Cash Account for a third party such as a credit bureau or merchant.
To comply with government agency or court orders.
If you give us your written permission to share your information.
By providing us with your telephone number for a cellular phone or other wireless device, you are expressly consenting to receiving non-marketing communications at that number—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an auto-dialer—from us and our affiliates and agents, as well as Dave and its affiliates and agents. This consent applies to all telephone numbers you provide to us now or in the future. Your telephone or mobile service provider may charge you for these calls or messages. You also agree that we may record or monitor any communications for quality control and training purposes.
Some of the services and features available to you in connection with the Extra Cash Account may be offered by third parties (“Third-Party Services”) and are not operated or managed by Dave. These Third-Party Services may be accessible through hyperlinks within the Mobile App that will take you to the third party’s website, online portal, or mobile application. We do not control Third-Party Services, nor are Third-Party Services governed by this Agreement. Before any Third-Party Services are enabled for your Extra Cash Account or before you use them for the first time, you will be provided with, and must agree to, separate terms, conditions, disclosures and/or privacy policies specific to those Third-Party Services.
Our business days are Monday through Friday, excluding federal holidays.
You may contact Dave with any questions or concerns regarding your Extra Cash Account. The best way to contact Dave is through the Mobile App’s chat feature. Dave customer service representatives are available by chat Monday - Saturday from 6:00 AM to 6:00 PM Pacific Time. You may also call us at 1-844-857-3283; live agent support is available Monday – Friday 4am – 10pm Pacific Standard Time and Saturday – Sunday 5am – 5pm Pacific Standard Time. You can also contact Dave by email at email@example.com.
In addition to the chat feature in the Mobile App and email, you may also call us at 1-844-857-3283 to (1)report unauthorized activity on your Dave Account, or (3) notify us of an error involving a transaction on your Dave Account.
We strive to keep your Extra Cash Account secure and provide you with tools and services to help you manage your Extra Cash Account. However, there are certain things you should do to protect your Extra Cash Account and your funds.
You must notify us immediately if there is a change to your name, telephone number, mailing address, email address or any other information you have provided us so that we can continue to provide you with statements and important notices concerning your Extra Cash Account.
It is very important that you keep track of your transactions and the funds in your Extra Cash Account that are available for you to use (“Available Balance”) by maintaining a checkbook or by reviewing your transaction history through the Mobile App. Your Available Balance is viewable at any time through the Mobile App, but it is important to understand that it may not reflect transactions you have authorized that have not yet been presented to us for payment.
You are also responsible for reviewing your Extra Cash Account statements as they are made available to you for errors or unauthorized activity. If you identify an error or unauthorized activity, you must notify us promptly to avoid losing your money. Please refer to Section VI for information concerning errors and unauthorized activity.
It is very important that you protect your Extra Cash Account to prevent unauthorized transactions and fraud. Keep your Extra Cash Account number, statements, and Dave Card secure at all times, and be careful about who you share this information with. Make sure to also keep your mobile device secure at all times and avoid accessing the Mobile App when others can see your screen.
If your Extra Cash Account number, Dave Card, mobile device or Mobile App login credentials are lost or stolen, notify us immediately to limit your liability for unauthorized transactions that may occur. Please refer to Section V(F) for information and applicable deadlines for notifying us of losses or theft.
You understand that any payment instruction or activity performed using the Mobile App shall be deemed authorized and valid and we are under no obligation to investigate the instruction or activity.
You may make deposits into your Extra Cash Account using any of these methods described below. We do not charge you any fees for making deposits.
We do not accept deposits by wire transfer, mail, or cash, paper check or foreign currency deposits: We are not liable for wire transfers that you may attempt into your Extra Cash Account or deposits of any kind that you mail to us, including if it is lost in transit, lost in the mail, or otherwise not received by us.
Wire Transfers: We do not accept wire transfers. If you attempt a wire transfer, the transaction will be rejected.
Cash: We do not accept deposits made in cash. If you mail us a cash deposit, we will send the cash back to you.
Paper Checks : If you mail a paper check to us, including personal checks, money orders or cashier’s checks, we may apply the check to any negative balance you may have on your Extra Cash Account or send the check back to you.
Foreign Currency: We do not accept any deposits in foreign currency. Any deposits received in foreign currency, whether in the form of cash or check, will be sent back to you.
We will send all items back to the address we have for you on file and we are not liable if you do not receive the items.
You may only deposit with us funds that are immediately available, which under applicable law are irreversible and are not subject to any lien, claim or encumbrance.
For more information about deposits and when funds from a deposit will be made available to you, please refer to Section III(B).
Deposits from a linked bank account are made by Electronic Fund Transfer. Keep in mind that it may take several days for us to receive ACH transfers from a linked bank account. Deposits from a linked bank account received by us on a business day before 3:00PM Pacific Time will be considered received that day. Deposits from a linked bank account received on a business day after 3:00PM Pacific Time, or at any time on a non-business day, will be considered received the following business day.
Deposits from an Extra Cash Account will be considered received by us immediately.
If a deposit or transfer to your Extra Cash Account is returned or rejected by the paying financial institution for any reason, or if there is an error or mistake involving a deposit or transfer, we may deduct the amount of the deposit, transfer or error without prior notice to you. If there are insufficient funds in your Extra Cash Account at the time, your Extra Cash Account may become overdrawn. Please refer to Section III(I) concerning overdrafts for more information.
You may withdraw funds up to the amount of your Available Balance in your Extra Cash Account by Electronic Fund Transfer using any of the following methods. Special limitations apply to withdrawals for New Extra Cash Accounts.
Before permitting a withdrawal or other transaction, we may request that you provide us with additional information or documentation that we deem necessary to confirm your identity or to prevent illegal activity. We may refuse the transaction if you do not comply with our request.
You may link another bank account you have to your Extra Cash Account in order to transfer funds between the linked bank account and your Extra Cash Account using the Mobile App. You represent and warrant: (1) that you have the right to authorize any and all charges and debits to the linked account; (2) the linked account is held at a depository institution located in the U.S.; and (3) you are individually or jointly the owner of the linked account. By linking a bank account, you agree to indemnify and hold us harmless from any claims by any person related to the linked bank account, including any other owner of the linked bank account. You may only link a bank account that is a deposit account, such as a checking, savings or money market account.
You must not use your Extra Cash Account for any illegal purposes or, regardless of whether it is legal or illegal, for internet gambling. We may deny any transaction or refuse to accept any deposit that we believe is related to illegal activity, online gambling or for any other reason at our discretion.
To understand how we post transactions to your Extra Cash Account, it is important to first understand the difference between your Available Balance and your ledger balance. Your Available Balance is the amount of money you have in your Extra Cash Account at any given time that is available for you to use. Your ledger balance is the balance in your Extra Cash Account at the beginning of the day after we have posted all transactions to your Extra Cash Account from the day before. We use your Available Balance to authorize your transactions throughout the day and determine whether you have sufficient funds to pay your transactions. Here are some additional terms that are helpful to understand:
Credit and debit – A credit increases your balance and a debit decreases your balance.
Post or posted – Transactions that are paid from or deposited to your Extra Cash Account. Posted transactions will either increase or decrease both your Available Balance and your ledger balance.
Pending – Transactions that we receive notice of and are scheduled to post to your Extra Cash Account. Pending transactions affect your Available Balance, but not your ledger balance.
We receive transactions throughout the day and post them to your Extra Cash Account at the end of each business day. We generally group transactions into categories, and then post all transactions within a group to your Extra Cash Account before posting transactions from the next group.
First, we start with your ledger balance at the beginning of the business day, subtract any holds from your balance and make any adjustments from prior days. Next, we add available deposits and credits to your balance. Then, we subtract each transaction group and the transactions within each group in the following order:
All other Electronic Fund Transfers, including ACH transfers: Transactions in this group are posted in the order received by us.
Fees: Fees are posted last to your Extra Cash Account and are posted in order from highest to lowest dollar amount.
We may change the way we group transactions together or the order in which we post transactions to your Extra Cash Account at our discretion and without notice to you. It is therefore important for you to keep track of the deposits you make and the transactions you authorize to make sure there are sufficient funds in your Extra Cash Account to cover all transactions and any applicable fees.
To determine your Available Balance, we start with your ledger balance at the beginning of the business day, add any pending credits or deposits that we make available to you, and subtract any card authorizations and pending debits. All transactions are debited or credited in the order received
You may check your Available Balance at any time through the Mobile App. Keep in mind that your Available Balance may not reflect every transaction you have initiated or previously authorized. For example, your Available Balance may not include transactions you have authorized that we have not received.
Statements will periodically be provided to you by email as long as your Extra Cash Account is not inactive. You will receive a statement monthly as long as you have transactions on your Extra Cash Account during the statement period. If there were no transactions on your Extra Cash Account, we will provide you statements at least quarterly. You will not receive paper statements.
Your Extra Cash Account comes with features that are designed to help you with emergency and other unexpected expenses, as well as to better manage your finances. These features include an overdraft service called “Advance,” and a balance top-up feature called “Balance Settlement.”
Advance is a service that allows you to draw your Extra Cash Account negative up to a specified amount (“Advance Limit”) when you have insufficient available funds to cover an electronic fund transfer, such as an ACH transfer. We further reserve the right to pay or not pay any electronic fund transfer you request using the Advance service at our discretion regardless of your Advance Limit.
Balance Settlement is an automated electronic fund transfer service that allows you to maintain a specific balance in your Extra Cash Account so you continue to have access to funds for emergencies and unexpected expenses.
For certain Extra Cash Account holders, we may approve electronic fund transfers that you request even if you do not have sufficient funds in your Extra Cash Account for the transfer, which will cause you to overdraw your Extra Cash Account and result in a negative balance on your Extra Cash Account up to the Advance Limit. These overdrafts are called Advances and are designed to allow you cover emergency or other unexpected expenses and manage your overall financial health. To be eligible for an Advance you must (at a minimum):
If you are enrolled in Dave’s Personal Financial Management Services, you may also receive alerts from Dave concerning potential insufficient funds in your Extra Cash Account or linked bank accounts through the Mobile App, SMS messages and/or email and remind you that you can request an Advance . You may also request an Advance at any time by initiating a transfer out of your Extra Cash Account in excess of your current Available Balance.
You must make a deposit immediately to cover any negative balance in your Extra Cash Account, whether the negative balance was caused by your use of the Advance feature or otherwise. We reserve the right to exercise our right to set off (see Section F) if your Extra Cash Account has a negative balance for an extended period of time, and will close your Extra Cash Account if you have a negative balance for sixty (60) calendar days or more.
Your Advance Limit is determined by us in our sole discretion based on, among other risk-based factors, the direct deposit and transaction history of any accounts you have with us and, if applicable, any linked bank account. Your Advance Limit may be increased or decreased at any time by us and will always represent the maximum limit you may overdraw the Extra Cash Account through an Advance. Your Advance Limit will be clearly communicated to you via the Mobile App at the time you request an electronic fund transfer that would overdraw your Extra Cash Account if paid.
You may incur fees for overdrawing your Extra Cash Account, including through the Advance service. Fees for overdrawing your Extra Cash Account are listed in Section L.
In addition, you may, choose to pay a voluntary gratuity (the “tip”) when you request an Advance from your Extra Cash Account. The “tip” will be deducted from the balance in your Extra Cash Account only when you have sufficient funds in your Extra Cash Account to pay the tip. Payment of a tip is optional. Payment or non-payment of a tip will not affect your eligibility to requests Advances, your Advance Limit, or our decision to pay or not pay an electronic fund transfer that will cause you to be overdrawn. Any tip that you provide will be displayed on your monthly account statements associated with your Extra Cash Account.
When you open an Extra Cash Account, you agree to enroll in the Balance Settlement feature. Balance Settlement allows us to transfer funds from your Extra Cash Account and/or linked bank accounts (“Settlement Accounts”) whenever the balance in your Extra Cash Account falls below a specified low balance threshold (“Threshold”). You will be asked to designate or confirm your Settlement Accounts at the time you open your Extra Cash Account. The default Threshold will be zero ($0) dollars. You may be given the ability to change the Threshold through the Mobile App.
When you first open an Extra Cash Account, the default Threshold will be $0 and the Settlement feature will only activate when your balance becomes negative. If your Extra Cash Account becomes negative and you have not made a deposit to cover the overdraft, the Settlement feature will attempt to transfer an amount sufficient to bring your balance back to $0 from the Settlement Account into which you receive an ongoing direct deposit on the date we estimate you will receive your next direct deposit following the date your Extra Cash Account becomes negative. If you do not receive an ongoing direct deposit or you do not receive a direct deposit at substantially similar intervals, the Settlement feature will attempt the transfer on the first Friday following the date your Extra Cash Account becomes negative. The Settlement feature will process this transfer using the debit card associated with your Settlement Account. If the transfer using your debit card fails for any reason, or if you do not have a debit card on file with us, the transfer will instead be processed as an ACH transfer. If the transfer by debit card and ACH both fail for any reason, the Settlement feature will instead attempt to transfer funds from one of your other Settlement Accounts.
If all attempts to transfer funds from your Settlement Accounts fail, the Settlement feature will reattempt the transfer on the next date we detect that you have sufficient funds to complete the transfer in any one of your Settlement Accounts.
Although we will attempt to bring your balance back to $0 through the Balance Settlement feature, you are still responsible for ensuring that you cover any negative balance on your Extra Cash Account plus the optional tip.
You may be given the ability to change your Threshold to an amount greater than $0 (“Custom Threshold”). If you establish a Custom Threshold and the balance in your Extra Cash Account falls below that Custom Threshold, we will attempt to transfer funds from your Settlement Accounts until your balance reaches the Custom Threshold. If you are given the ability to establish a Custom Threshold, you will also be provided with options through the Mobile App that will determine the amount and timing of the transfers we will make.
However, if your balance falls below $0, the default Balance Settlement rules described in Section I(5) will apply until your balance is brought back to $0.
We will try to avoid causing you to overdraw any of your Settlement Accounts by monitoring the balances in your Settlement Accounts before attempting a Balance Settlement transfer. If we detect that you would not have at least $10 remaining in a Settlement Account after we initiate a transfer, we will not initiate the transfer and we will consider the transfer to have failed. Although we will attempt to avoid overdrawing your Settlement Accounts, we make no warranties that an overdraft will not happen and are not responsible for any fees you may incur.
You can close your Extra Cash Account at any time and for any reason by submitting a request through the Mobile App or by contacting Dave by email at firstname.lastname@example.org. It is important to understand that simply reducing your Available Balance to zero ($0) is not sufficient to close your Extra Cash Account. We reserve the right to refuse your request if you have a negative balance on your Extra Cash Account.
We may also suspend or close your account at our discretion and for any reason with or without notice. This includes if we believe you are using your Extra Cash Account for fraudulent or illegal purposes or in violation of law or regulation, this Agreement, any other agreement you may have with us or Dave, or if you otherwise present undue risk to us or Dave. We are not responsible to you for any damages you may suffer as a result of the closure or suspension of your Extra Cash Account.
Subject to federal law, if your Extra Cash Account is closed, we will return your funds to you by paper check. We reserve the right to delay or limit funds reimbursement while we screen for risks, or we may request additional information to verify your identity. We may also defer or redirect payout or restrict access to your funds as necessary with applicable law, subpoena or court order, or if requested by any governmental agency. We reserve the right not to return funds to you if your account balance is one dollar ($1) or less. The closure of your Extra Cash Account or termination of this Agreement does not impact any right or obligation that arose prior to closure or termination, or any right or obligation that, by its nature, should survive termination (including, but not limited to, any indemnification obligation by you, our limitations of liability, and any terms governing arbitration).
State and federal law and our policy govern when your Extra Cash Account is considered dormant. Your Dave Account is usually considered dormant if you have not accessed your Extra Cash Account, communicated to us about your Dave Account or otherwise shown an interest in your Extra Cash Account within the period of time specified under applicable law. Each state has varying laws as to when an account is subject to escheatment and we may be required to send the balance in your Extra Cash Account to the state of your last known address. We will make all reasonable efforts to contact you if required by applicable law before transferring the remaining balance of your Extra Cash Account to the applicable state. After we surrender the funds to the state, we have no further liability to you for those funds and you must apply to the appropriate state agency to reclaim your funds. You can avoid the surrender of your funds to the state by simply using the Mobile App to view your Extra Cash Account, conducting transactions, contacting us about your Extra Cash Account or replying to any abandoned property notices we may provide to you.
We may also place your Extra Cash Account in an inactive status if you have not had any transaction for at least four (4) months. If your Extra Cash Account becomes inactive, you may not receive statements or be able to conduct certain transactions. Inactive Extra Cash Accounts must be reactivated. Contact Dave by email at email@example.com to reactivate your Extra Cash Account.
You agree to pay all fees and charges applicable to your Extra Cash Account. All fee amounts will be withdrawn from your Extra Cash Account and will be assessed as long as there is a remaining balance in your Extra Cash Account, except where prohibited by law. Any time your remaining balance is less than the fee amount being assessed, the balance of your Extra Cash Account will be applied to the fee amount resulting in a zero balance on your Extra Cash Account. Fees are subject to change at any time. We will provide you advance notice of any changes where required by law.
Your Extra Cash Account allows the following types of EFTs:
ACH transfers to or from your Extra Cash Account to or from a linked bank account through the Mobile App.
Debit card transfers to or from your Extra Cash Account using a debit card associated with a linked bank account through the Mobile App.
Internal transfers between any deposit account you have with us that is managed by Dave.
There are limitations on the frequency and amount of transactions you can make to or from your Extra Cash Account. These limits are different for each type of transaction. For limits that apply to transactions that credit or deposit funds into your Extra Cash Account, please refer to Section III(A) concerning deposits. For limits that apply to transactions that debit or withdraw from your Extra Cash Account, please refer to Section III(D) concerning withdrawals.
For security reasons, your Extra Cash Account may be subject to security-related limits on the number and amount of transfers you can make from a linked bank account to your Extra Cash Account in addition to those described in Sections III(A) and III(D). These additional limitations are based on your account information and the transaction history of your Extra Cash Account and your linked bank account(s). These security-related limits may change from time-to-time. Dave will provide notice to you of such changes when required by applicable law.
You will receive information and documentation concerning any EFTs that debit or credit your Extra Cash Account in the following ways:
Statements: We will provide you information about each transaction that debits or credits your Extra Cash Account on your statements. Please refer to Section III(H) for information about statements. You may also view your transaction history at any time through the Mobile App.
If we fail to complete a transaction on time or in the correct amount when properly instructed by you in accordance with this Agreement, we will be liable for the actual damages proximately caused by the failure or error. However, there are some exceptions. We are not liable, for instance:
If the Available Balance in your Extra Cash Account is not sufficient to complete the transaction through no fault of ours.
If the failure is due to an equipment or system breakdown that you knew about before you began a transaction.
If a third party’s mobile application or other system, such as Apple Pay or Google Pay, breaks down or does not work properly.
The failure was caused by an Act of God, fire or other catastrophe, or any other cause beyond our control despite reasonable precautions we have taken.
If your funds are not available due to a hold or if your funds are subject to legal process.
If we do not complete a transaction because we or Dave has reason to believe the transaction is unauthorized or illegal.
Your Extra Cash Account is closed or inactive.
There may be additional exceptions stated in our agreements with you or as permitted by law.
Contact us immediately if you believe that an unauthorized EFT has occurred or may occur concerning your Extra Cash Account, or if your Mobile App login credentials have been lost, stolen or compromised. Calling us at 1-844-857-3283 is the best way of keeping your losses to a minimum.
You could lose all the money in your Extra Cash Account (and any bank accounts you have linked through the Mobile App) if you take no action to notify us of the unauthorized EFT or the loss or theft of your Mobile App login credentials.
For unauthorized EFTs, your liability will be as follows if you notify us of the loss:
If you tell us within two (2) business days after learning of the loss, theft or compromise of your Mobile App login credentials, you can lose no more than $50.
If you do NOT tell us within two (2) business days and we can prove that we could have prevented the loss had you contacted us, you could lose as much as $500.00.
If your statement shows EFTs that you did not make and you do NOT contact us within sixty (60) days after the statement was made available to you, you may not get back any money lost after the sixty (60) days if we can prove that your contacting us would have prevent those losses.
We can extend these time periods if extenuating circumstances (such as a long trip or hospital stay) kept you from notifying us.
Contact us at 1-844-857-3283 or email at firstname.lastname@example.org as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on a statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You must provide us with the following information:
Tell us your name and Extra Cash Account number.
Describe the error or the EFT you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing by email within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will tell you the results and correct any error promptly. If we need more time, we may take up to forty-five (45) days—or ninety (90) days for Extra Cash Accounts open less than thirty (30) days, foreign-initiated transactions or point-of-sale Dave Card transactions—to investigate your complaint or question. If we decide to do this, we will credit your Extra Cash Account within ten (10) business days for the amount you think is in error, so that you will have the use of 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 Extra Cash Accounts open less than thirty (30) days, we may take up to twenty (20) business days to credit your Extra Cash 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 by email. You may ask for copies of the documents that we used in our investigation.
Your Extra Cash Account and your obligations under this Agreement are not transferable and not assignable as collateral for a loan or for any other purpose. We or Dave may transfer our rights under this Agreement.
When you open a Extra Cash Account, we will also establish a deposit account or omnibus custody account (“Sub-Deposit Account”) opened in Evolve’s name for your benefit. Your Extra Cash Account and the Sub-Deposit Account are considered a single account for purposes of your deposits, withdrawals, tax reporting, balances and FDIC deposit insurance coverage, and will appear as such on your statements and when you view your Extra Cash Account through the Mobile App. The existence of the Sub-Deposit Account is only for internal purposes and to accommodate our business needs, and will not affect the manner in which you use your Extra Cash Account.
You agree to appoint Evolve as your agent and custodian so that we may open the Sub-Deposit Account and transfer, as your agent, funds you have deposited between your Extra Cash Account and the Sub-Deposit Account at our discretion. The Sub-Deposit Account will either be opened and maintained in our Trust Department, at another FDIC-insured depository institution (“Insured Depository Institution”) or the Federal Reserve Bank. We may provide your name, tax identification number and other pertinent identifying information to Insured Depository Institution, and other parties providing services in connection with the placement of your funds and the establishing and holding the Sub-Deposit Account. You hereby consent to such release of information. Nothing in this section shall be deemed to prevent us from disclosing information to a third party if required by law.
You will not receive any written confirmation of the establishment of the Sub-Deposit Account, nor will you receive any statements, receipts or other documentation concerning the Sub-Deposit Account. The Sub-Deposit Account may also be transferred to another institution by us or any Insured Depository Institution that holds the Sub-Deposit Account at any time without notice to you.
You may terminate our role as your agent and custodian by providing us with thirty (30) days’ prior written notice by mail to Evolve Bank & Trust, 6070 Poplar Avenue, 2nd Floor, Memphis, TN 38119. Termination will result in the return of your funds and the closure of your Extra Cash Account and Sub-Deposit Account.
If we receive a levy, attachment, or other legal process against you (collectively, “Legal Process”), we may refuse to permit withdrawals or transfers from your Extra Cash Account until the Legal Process is dismissed or satisfied. Any Legal Process will be subject to our right of set-off and security interest. You are responsible for any losses, costs or expenses we incur as a result of any dispute or legal proceeding involving your Extra Cash Account. If we receive a claim against the funds in your Extra Cash Account, or if we know of or believe that there is a dispute as to the ownership or control of funds in your Extra Cash Account, we may, in our discretion: (1) place a hold on your Extra Cash Account and refuse to pay out any funds until we are satisfied that the dispute is settled; (2) close your Extra Cash Account and send the balance to the named account holder; (3) require a court order to act; or (4) take any other action we feel is necessary to protect us. We will not be liable to you for taking any such action.
EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF EVOLVE. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE OR DAVE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT.
IN ADDITION, EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES OF THE MOBILE APP PROVIDED TO YOU BY DAVE. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US.
ALL BANK SERVICES AND EXTRA CASH ACCOUNT FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR DAVE BANK ACCOUNT OR DAVE CARD FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
You agree to indemnify and hold us and our officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
We have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. This means that we can take any funds in you Extra Cash Account or any other account you have with us to pay any debt or liability you owe us. You also agree to grant us a security interest in your Extra Cash Account to secure payment of any money that you owe to us or will owe us arising under this Agreement or any other agreements with us. You acknowledge that this security interest is consensual and in addition to any right of set-off. We may exercise our security interest or right of set-off without regard to the source of the funds in your Extra Cash Account or prior recourse to other sources of repayment or collateral, even if it causes you to incur penalties or suffer any other consequence. You waive any conditions or limits to our right of set-off to the maximum extent permitted by law. We will notify you if we exercise our right to set-off if required by law.
If we take any action to collect debt incurred by you or other amounts you owe us under this Agreement or defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by applicable law. We may charge your Extra Cash Account for our losses without prior notice to you.
We may change this Agreement, or any fees and features of your Extra Cash Account or Dave Card, at any time by posting an amended Agreement on Dave’s website, Dave.com, and any such amendment shall be effective upon posting. We will give you advance notice of any change where required by law. We may provide such notice to you with your statement, electronically, or by mail. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service. We may change or terminate this Agreement without notice at our discretion or to comply with any appropriate federal or state law or regulation.
If we make any of our other banking services available to you in connection with your Extra Cash Account (e.g., wire transfers or check services), we may provide certain terms and conditions for those additional services to you in a separate agreement or disclosure.
We may waive or decline to enforce any of our rights under this Agreement without obligating ourselves to waive such rights in the future or on any other occasion. We may release any other person obligated under this Agreement without affecting your responsibilities under this Agreement.
In the event that any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. To the extent permitted by law, the parties waive any provision of law which prohibits or renders unenforceable any provisions of this Agreement, and to the extent that such waiver is not permitted by law, you and us agree that such provision will be interpreted as modified to the minimum extent necessary to render the provisions enforceable.
All actions relating to your Extra Cash Account and this Agreement will be governed by the laws and regulations of the United States and the State of Tennessee where your Extra Cash Account will be opened, irrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in Shelby County, Tennessee and that you will be subject to such court’s jurisdiction.
Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or Tennessee law, or another agreement you have with us, provides for a shorter time. If federal or Tennessee law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.
THIS ARBITRATION AND WAIVERS SECTION (“ARBITRATION PROVISION”) WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL DISPUTES BETWEEN YOU AND US ARE RESOLVED. PLEASE READ THIS ARBITRATION AND WAIVERS SECTION CAREFULLY. For a dispute subject to arbitration, neither you nor we will have the right to: (1) have a court or a jury decide the dispute; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action in court or in class arbitration; or (4) join or consolidate a claim with claims of any other persons. Arbitration procedures are simpler and more limited than rules applicable in court. The decision of the arbitrator is final and binding.
If you have a dispute with us or Dave, and we are not able to resolve the dispute informally, you and we agree that upon demand by either you or us, the dispute will be resolved through the arbitration process as set forth in this section. For purposes of this Arbitration Provision, a “claim” or “dispute” is any unresolved disagreement between you, us and/or Dave, arising from or relating in any way to the Extra Cash Account or this Agreement. The terms “claim” and “dispute” are to be given the broadest possible meaning that will be enforced. This includes any disagreements about the meaning, application or enforceability of this Arbitration Provision. As solely used in this Arbitration Provision, “we” or “us” shall include Evolve, its affiliates and their successors, employees, directors, officers and agents, and the terms “you” or “yours” shall mean each Extra Cash Account owner and all persons or entities approved to have, approved to use and/or given access to an Extra Cash Account. The term “Extra Cash Account,” for purposes of arbitration, includes any updated or substitute Extra Cash Account for you.
Arbitration applies whenever there is a claim between you and us. If a third party is also involved in a claim between you and us, then the claim will be decided with respect to the third party in arbitration as well, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party. Claims are subject to arbitration, regardless of on what theory they are based, whether they seek legal or equitable remedies, or whether they are common law or statutory (federal or state) claims. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future.
Judgment upon the arbitrator’s award may be entered by any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act (Title 9 of the United States Code) (“FAA”). However, if the amount of the claim exceeds $25,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $25,000, any party can, within thirty (30) days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the forum. The panel shall reconsider anew all factual and legal issues, following the same rules of procedure and decide by majority vote. Reference in this Arbitration Provision to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken.
If a claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost–effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your claim to us by sending an email to email@example.com at any time.
Any claim must be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the claim is referred in effect at the time the claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you have the right within ten (10) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a claim or for other information about these organizations, contact them as follows: (1) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (2) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
In the event that JAMS or the AAA is unable to handle the dispute for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties pursuant to the AAA rules of procedure; or, if the parties cannot agree, selected by a court in accordance with the FAA. To the extent that there is any variance between the selected forum’s rules and this Arbitration Provision, this Arbitration Provision shall control.
If you initiate the arbitration, you must notify us in writing at: firstname.lastname@example.org. If we initiate the arbitration, we will notify you in writing at your last known address in our file.
NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. FURTHER, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT, OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA.
The arbitration shall take place in Memphis, Tennessee unless the parties agree to a different location in writing. The party initiating the arbitration (or appeal of the first arbitration award) shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. If there is a hearing, we will pay the fees and costs for the first day of that hearing. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or finds other good cause for requiring us to do so, or if you ask us in writing and we determine in good faith there is a justifiable reason for doing so. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but the arbitrator will have the authority to award attorneys and expert witness fees and costs to the extent permitted by this Agreement, the forum’s rules, or applicable law.
You and we agree that in our relationship arising from this Agreement: (1) the parties are participating in transactions involving interstate commerce; (2) the arbitrator shall decide any dispute regarding the enforceability of this Arbitration Provision; and (3) this Arbitration Provision and any resulting arbitration are governed by the provisions of the FAA, and, to the extent any provision of that act is inapplicable, the laws of the State of Tennessee. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.
This Arbitration Provision shall survive termination of your Extra Cash Account, this Agreement and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, this Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.