Please read this Dave Deposit Agreement (the “Agreement”) carefully and retain it for your future reference. This Agreement contains the general terms, conditions and disclosures related to the interest bearing demand deposit account (“Dave Checking Account” or “Account”, which you may also see referred to as your “Dave Spending Account”) and Dave Debit Mastercard® (“Dave Card” or “Dave Debit Card”) made available to eligible consumers by Evolve Bank & Trust (“Evolve” or “Bank”), member of the Federal Deposit Insurance Corporation (“FDIC”), and serviced by Dave Operating LLC, a service provider to Evolve (“Dave”).

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 Dave Checking Account, as well as your personal representatives, executors, administrators, and successors.

PLEASE BE AWARE THAT SECTION VII OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND EVOLVE. AMONG OTHER THINGS, SECTION VII INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION VII ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION VII CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 60 DAYS IN ACCORDANCE WITH SECTION VII(B) BELOW: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. 

If there is a conflict between this Agreement and any other document or statement made to you concerning the Dave Checking Account or Dave Card, 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 Checking Account or Dave Card, 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 a Checking Account with us, you agree to be bound by this Agreement.

I. Dave Checking Account Basics

Minimum Balance to Obtain Annual Percentage Yield (APY) - There is no minimum balance required to obtain the disclosed APY.

Rate Information - The interest rates and annual percentage yields are variable and may change at any time at our discretion. Members who accessed this account through the Dave Mobile App with a subscription fee (as shown on the Membership settings in the App) have an interest rate of 3.9223%, with an APY of 4.00%. Members who accessed this account through the Dave Mobile app without a subscription fee (as shown on the Member settings in the App) have an interest rate of 0.01% with an APY of 0.01%.

Compounding and Crediting - Interest on your Account will be compounded and credited on a monthly basis and posted to your Account on the 1st of each month.

Effect of Closing an Account - If your Account is closed before interest is credited, you will not receive accrued interest. If the same Account is reactivated later in the next month or the same month, the daily interest accrual starts afresh for that Account, and they never receive the forfeited interest amount.

Balance Computation Method - We use the daily balance method to calculate the interest on your Account. This method applies a daily periodic rate to the principal in the account each day. We use an interest accrual basis of 365 for each day in the year.

Accrual of Interest on Deposits - For all types of non-cash deposits, interest will begin to accrue no later than the next business day following the banking day on which the funds were deposited. For cash deposits, interest will begin to accrue the same day on which the funds were deposited. (Here's an example - if you make a non-cash deposit on a Sunday, we will process it on Monday, and interest will begin to accrue no later than Tuesday.)

Transaction Limitations - Automated Clearing House (ACH) External Transfer transactions are subject to limits on the dollar amount of electronic transfers between your account and external accounts at other financial institutions. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, as well as you and all other users of the service. Based on confidential fraud and essential risk criteria, they may be modified at our discretion without advance notice.

We reserve the right to require not less than 7 days’ notice in writing before each withdrawal from an interest-bearing account other than a time deposit or demand deposit, or from any other savings account as defined by Regulation D. The law requires us to reserve this right, but it is not our general policy to use it.

We may limit, refuse, or return all or any part of a deposit without prior notice to you.

Please see the section titled Electronic Fund Transfers for additional information on certain transaction limits.

Account Limits - We reserve the right to limit the number of accounts you may open at our discretion and without advanced notice.

A. What Is a Dave Checking Account?

The Dave Checking Account is an interest-bearing demand deposit account used to hold your deposits and make payments and transfers between accounts you may have at other banks and to third parties online through Dave’s mobile application (the “Mobile App”) and through the use of the Dave Debit Card. Separate terms and conditions apply to the Mobile App. Please refer to the Terms of Use available at https://dave.com/terms for additional information.

B. Dave Checking Account Eligibility

The Dave Checking 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 Dave Checking 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, and may not accept any 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 Dave Checking 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 Dave Checking Account or issue a Dave Card 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 Dave Checking Account relationship.

C. Titling and Ownership of Dave Checking Accounts

The Dave Checking Account may only be owned in the name of one person who may make deposits and transfer or withdraw funds. The Dave Checking 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.

D. How To Open a Dave Checking Account

You may apply for a Dave Checking Account by submitting a request through the Mobile App and providing all requested information.

Important information about procedures for opening a new Dave Checking 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 Dave Checking Account. This means that when you open a Dave Checking 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.

E. No Minimum Deposit or Balance

There is no minimum deposit required to open a Dave Checking Account, and no minimum balance you need to maintain in your Dave Checking Account.

F. Power of Attorney and Attorneys-In-Fact

Dave only allows you to give another person (known as an “attorney-in-fact”) power of attorney to act on your behalf for your Dave Checking Account on a case-by-case basis. You must submit a written request to grant another person power of attorney to act on your behalf for your Dave Checking Account by contacting us at Support@dave.com.  

G. Death or Incapacitation

You agree that your representative must notify us promptly 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 Dave Checking 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 Dave Checking 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. In the event we receive written notice from a personal representative, executor, administrator, conservator, or guardian purporting to represent you or your estate, we shall be entitled to rely on all information supplied and representations made in such written notice to the full extent permitted by applicable law. If certain payments originating from government entities are deposited into your Dave Checking 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 Dave Checking Account after your death.

H. Our Relationship With You

By opening a Dave Checking Account, we are establishing a Dave Checking 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 Dave Checking Account relationship do not create a fiduciary relationship or any other special relationship between you and us.

I. Confidentiality and Our Privacy Policy

Your privacy is very important to us. Under this Agreement, we will generally only disclose information to third parties about your Dave Checking Account or the transactions you make:

• To verify your identity and determine if we should open a Dave Checking Account for you or issue you a Dave Card using services provided to us by third parties.
• Where it is necessary for completing a transaction.
• To verify the existence and condition of your Dave Checking Account for a third party, such as a credit bureau or merchant.
• To comply with government agency or court orders.
• As disclosed in Evolve’s privacy policy.
• If you give us your written permission to share your information.

Please refer to Evolve’s Privacy Policy at https://www.dave.com/evolve-privacy for more information about our commitment to you, your privacy rights, and who we share data and information with.

J. Cell Phone Communications

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.

K. Services and Features Offered Through Third Parties

Some of the services and features available to you in connection with the Dave Checking Account may be offered by third parties (“Third-Party Services”) and are not operated or managed by Evolve. 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 Dave Checking Account or before you use them for the first time, Dave will provide you with, and must agree to, separate terms, conditions, disclosures, and/or privacy policies specific to those Third-Party Services.

L. Our Business Days

Our business days are Monday through Friday, excluding federal holidays.

M. How to Contact Us

You may contact Dave with any questions or concerns regarding your Dave Checking 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 4:00 AM to 6:00 PM Pacific Time. You may also call us at 1-844-857-3283; live agent support is available Monday – Friday 5 AM – 9 PM Pacific Standard Time and Saturday – Sunday 5 AM – 5 PM Pacific Standard Time. You can also contact Dave by email at support@dave.com.

You may also call us at 1-844-857-3283 or write us at Evolve ℅ Dave 1265 S Cochran Ave Los Angeles, CA 90019 to (1) report that your Dave Card has been lost or stolen, (2) report unauthorized activity on your Dave Checking Account, or (3) notify us of an error involving a transaction on your Dave Checking Account.

II. Your Dave Checking Account Responsibilities

We strive to keep your Dave Checking Account secure and provide you with tools and services to help you manage your Dave Checking Account and Dave Card. However, there are certain things you should do to protect your Dave Checking Account, Dave Debit Card, and your funds.

A. Notify Us If Your Information Changes

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 Dave Checking Account.

B. Keep Track of Your Transactions and Available Balance

It is very important that you keep track of your transactions and the funds in your Dave Checking 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 completed.

You are also responsible for reviewing your Dave Checking 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.

C. Protect Your Dave Checking Account and Dave Card Information

It is very important that you protect your Dave Checking Account and Dave Card information to prevent unauthorized transactions and fraud. Keep your Dave Checking 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. Never share your login credentials or passwords with anyone under any circumstances. 

If your Dave Checking 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.

D. Prohibited Use

In addition to prohibited uses outlined in this Agreement and any other agreement you have with us, you agree that you are prohibited from engaging in conduct that reflects behavior that we deem, in our sole discretion, to be foul language, abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases. This is not an exhaustive list, and we reserve the right to close your account if we, in our sole discretion, determine you violated any term or spirit of the Agreement.

III. General Rules Governing Your Dave Checking Account

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.

Transactions are subject to limits on the amount and frequency of transfers to and from your account. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, including protecting you and all other users of the service. These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and the protection of you and the integrity of the service, and may be modified at our sole discretion without advance notice.

Your account limits may be lower, but never to exceed the limits stated for deposits and withdrawals below in subsections A and B:

A. Making Deposits Into Your Dave Checking Account

You may make deposits into your Dave Checking Account using any of these methods described below. Special limitations apply to Dave Checking Accounts open less than thirty (30) calendar days from the date you first use your Dave Card to conduct at least one transaction (“New Accounts”). We do not charge you any fees for making deposits. However, you may be charged fees and be subject to additional limitations for cash loads by Green Dot®. We do not control these fees or limitations.

We do not accept deposits by wire transfer, mail, or cash outside of GreenDot® cash reload locations, paper check or foreign currency deposits: We are not liable for wire transfers that you may attempt into your Dave Checking 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: Accepted through GreedDot® cash reload locations. Do not mail us cash as a deposit. 
• Paper Checks: Do not mail us a paper check unless requested by us in writing. 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 Dave Checking 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.

Unless we apply the check to any negative balance, we will attempt to 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).

B. Our Funds Availability Policy – Your Ability to Withdraw Funds

Deposits may only be made by Electronic Fund Transfer, which includes direct deposits, Automated Clearing House (“ACH”) transfers from a linked bank account, Google Pay or Apple Pay transfers, debit card transfers, or by a Green Dot® cash load at the register cash load.

Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use them to pay checks that you have written.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 3:00PM Pacific Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 3:00PM Pacific Time or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

Deposits made from a linked bank account will be available on the business day we received your deposit. Keep in mind that it may take several days for us to receive transfers of funds from a linked bank account. Deposits made from a Dave ExtraCash Account or Goals Account will be available on the business day we receive the deposit regardless of the time of day the deposit is made.

C. Problems that Could Occur With Deposits

If a deposit or transfer to your Dave Checking 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 Dave Checking Account at the time, your Dave Checking Account may become overdrawn. Please refer to Section III(I) concerning overdrafts for more information.

D. Withdrawals From Your Dave Checking Account

You may withdraw funds up to the amount of your Available Balance in your Dave Checking Account by Electronic Fund Transfer using any of the following methods. Special limitations apply to withdrawals for New Dave Checking Accounts.

You will not be charged a fee for any withdrawals made through Automated Teller Machines (“ATMs”) that are within the MoneyPass® network. However, we do charge a fee if you withdraw from an out-of-network ATM. Other third-party fees may also apply to out-of-network ATM transactions. Please refer to the Fee Schedule in Section III(L) for more information and all fees applicable to your Dave Checking Account.

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.

E. Transfers To or From Linked Bank Accounts

You may link another bank account you have to your Dave Checking Account in order to transfer funds between the linked bank account and your Dave Checking 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.

F. No Illegal Activity, Internet Gambling, and Right to Refuse Transactions

You must not use your Dave Checking Account or Dave Card for any illegal purposes, or, and 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.

G. How We Post Transactions To Your Dave Checking Account and Determine Your Available Balance

1. Posting Order

To understand how we post transactions to your Dave Checking 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 Dave Checking Account at any given time that is available for you to use, pending any holds. Your ledger balance is the balance in your Dave Checking Account. 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 Dave Checking 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 Dave Checking Account. Pending transactions affect your Available Balance, but not your ledger balance.

We receive transactions throughout the day and post them to your Dave Checking Account in real time. First, we start with your ledger balance, subtract any holds from your balance and make any adjustments from prior transactions. Next, we add available deposits and credits to your balance. Fees are posted in real time. 

2. Determining Your Available Balance

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 (1) transactions you have authorized that we have not received, (2) Dave Card transactions where the card authorization has been removed before the transaction is settled due to a merchant’s delay in settlement, or (3) the full amount of a Dave Card transaction where the settlement amount is greater than the card authorization amount.

H. Statements

You will receive a statement monthly as long as you have transactions on your Dave Checking Account during the statement period. If there were no transactions on your Dave Checking Account, we will provide you statements at least quarterly. You will not receive paper statements.

I. Overdrafts and Negative Balances

We do not permit you to overdraw your Dave Checking Account, and we do not charge you insufficient funds fees or overdraft fees. If the Available Balance in your Dave Checking Account is not sufficient to cover any transaction you have authorized, we can refuse to process the transaction. However, there may be instances where your Dave Checking Account can still become overdrawn. For example, if a deposit is returned or if a merchant settles a Dave Card transaction for an amount greater than the card authorization. You must make a deposit immediately to cover any negative balance. If your Dave Checking Account has a negative balance for sixty (60) calendar days or more, we may close your Dave Checking Account.

J. Closing Your Dave Checking Account and Account Suspensions

You can close your Dave Checking Account at any time and for any reason by submitting a request through the Mobile App or by contacting Dave by email at support@dave.com. It is important to understand that simply reducing your Available Balance to zero ($0) is not sufficient to close your Dave Checking Account. We reserve the right to refuse your request if you have a negative balance on your Dave Checking 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 Dave Checking Account or Dave Card 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 Dave Checking Account.

Subject to federal law, if your Dave Checking 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 Dave Checking 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).

K. Dormancy, Inactivity, Inactivity Fee, and Unclaimed Property

State and federal law and our policy govern when your Dave Checking Account is considered dormant. Your Dave Checking Account is usually considered dormant if you have not accessed your Dave Checking Account, communicated to us about your Dave Checking Account, or otherwise shown an interest in your Dave Checking 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 Dave Checking 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 Dave Checking 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 Dave Checking Account, conducting transactions, contacting us about your Dave Checking Account, or replying to any abandoned property notices we may provide to you.

We may also place your Dave Checking Account in an inactive status if you have not had any transactions for at least six (6) months. We may close your account if it becomes inactive or subject to escheat. So long as your account remains open, you may reactivate it by contacting us at Support@dave.com. 

If you have not made a withdrawal from, or a deposit to, your Dave Checking Account for twelve (12) months or more, we may assess a $5.00 inactivity fee, per month, for each subsequent month of continued inactivity, unless prohibited by applicable law.

L. Fees and Fee Schedule

You agree to pay all fees and charges applicable to your Dave Checking Account and Dave Card. All fee amounts will be withdrawn from your Dave Checking Account and will be assessed as long as there is a remaining balance in your Dave Checking Account, except where prohibited by law. Any time your remaining balance is less than the fee amount being assessed, the balance of your Dave Checking Account will be applied to the fee amount, resulting in a zero balance on your Dave Checking Account. Fees are subject to change at any time. We will provide you advance notice of any changes where required by law.

IV. Using Your Dave Debit Mastercard

You must request a Dave Debit Card for your Dave Checking Account; one will not be sent out automatically upon account opening. The Dave Debit Card is a debit card that allows you to access funds in your Dave Checking Account up to your Available Balance. You may not use the Dave Debit Card for online gambling or for any illegal transactions or any transfer prohibited by Mastercard. The Dave Debit Card will expire on the expiration date printed on the back of the Dave Debit Card. As long as your Dave Checking Account is in good standing, we will send you a replacement Dave Debit Card as your expiration date nears.

The Dave Debit Card is the property of Evolve and must be surrendered upon demand. The Dave Debit Card is nontransferable, and it may be cancelled, repossessed or revoked at any time without prior notice except where required by law.

Not all services or features of your Dave Debit Card described in this Agreement are available to all persons or at all locations. Any offer of a service or feature of your Dave Debit Card in this Agreement will be deemed void where prohibited. Use of the Dave Debit Card is also subject to all applicable rules and customs of any payment network, clearing house, or other association involved in transactions in addition to this Agreement.

A. Activating the Dave Card and Setting a PIN

You must activate your Dave Debit Card by following the instructions that come with the Dave Debit Card before it can be used; this includes setting a Personal Identification Number (“PIN”). Do not write down your PIN or give your PIN number to anyone. You may be required to provide personal information to verify your identity to complete the activation process. You agree to sign the back of your Dave Debit Card immediately upon receipt.

B. No Secondary Cardholders

The Dave Debit Card is solely for your use, and you may not request an additional card for another person. If you give anyone else access to your Dave Debit Card, we will treat any transaction they initiate as authorized by you, and you will be responsible for all transactions and fees that occur.

C. ATM and Point-of-Sale PIN Withdrawals

With your PIN, you can use your Dave Debit Card to obtain cash from your Dave Checking Account up to your Available Balance at any ATM or any Point-of-Sale (“POS”) device in the United States that displays the Mastercard, Visa Plus, Plus, Interlink, Maestro, MoneyPass or Cirrus acceptance marks. Not all merchants will permit you to get cash back through their POS devices.

If you use an ATM not owned by MoneyPass for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third-party fee amount assessed by the individual ATM operator only and is not assessed or controlled by us. This ATM fee amount will be charged to your Dave Checking Account.

D. Retail Card Purchases

You may use your Dave Debit Card to make purchases using your PIN at any merchant with a POS device anywhere that displays the Mastercard, Visa Plus, Plus, Interlink, Maestro, MoneyPass, or Cirrus acceptance marks. You may also use your Dave Card to make purchases without your PIN anywhere that Mastercard debit cards are accepted.

E. Split Transactions

You can instruct a merchant to charge your Dave Debit Card for part of a purchase and pay any remaining amount with cash or another card. This is called a “split transaction.” Some merchants do not permit split transactions. If you wish to conduct a split transaction, you must tell the merchant the exact amount you would like charged to your Dave Debit  Card. If you fail to inform the merchant you would like to complete a split transaction and you do not have sufficient available funds in your Dave Checking Account to cover the entire purchase amount, your Dave Debit Card is likely to be declined.

F. Card-Not-Present Transactions

You may make retail card purchases without presenting your Dave Debit Card by providing information from your Dave Debit Card, such as transactions done by internet or telephone. Conducting transactions in this way has the same legal effect as if you used the plastic Dave Debit Card itself. For security reasons, the amount or number of such transactions you may make may be limited.

G. Virtual Dave Card

When you open a Dave Checking Account, you will automatically receive a virtual card (“Virtual Dave Card”) represented by a 16-digit card number, a 3-digit card verification value (“CVV”) number, and an expiration date. The Virtual Dave Card is separate from your physical Dave Card, has a different card number, and can be managed through the Mobile App. We will issue you a replacement Virtual Dave Card when it expires. The Virtual Dave Card accesses the available funds in your Dave Checking Account to make card-not-present transactions (see Section IV(F)) anywhere Mastercard debit cards are accepted in the same way as your physical Dave Debit Card. The Virtual Dave Card can also be added to a digital wallet (see Section IV(M)) in the same way as your physical Dave Debit Card. Your use of the Virtual Dave Debit Card is subject to the terms of this Agreement, including transaction limitations, to the same extent as your physical Dave Debit Card.

H. Foreign Transactions

You may use your Dave Debit Card to purchase goods and services for retail purchases with international merchants, except prohibited and restricted territories. Dave may block transactions in certain foreign countries. If you obtain funds or make a purchase in a currency other than U.S. dollars, the amount deducted from the Available Balance of your Dave Checking Account will be converted by Mastercard into an amount in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Mastercard from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Mastercard itself receives, or the government-mandated rate in effect for the applicable central processing date. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your Dave Checking Account.

We will charge you a fee for transactions conducted at ATMs outside the United States. We do not charge you fees for other types of foreign transactions. Some merchant and ATM transactions, even if you and/or the merchant or ATM are located in the United States, are considered international transactions under the applicable network rules, in which case we will add Foreign ATM Transaction Fee to those transactions. Please refer to the Fee Schedule in Section III(L) for details. You may also be charged fees by third parties.

I. Card Authorization Holds

When you use your Dave Debit Card to purchase goods or services or to obtain cash from a merchant, the merchant may request preauthorization (“Card Authorization”) for the transaction. If the merchant makes such a request and there are sufficient available funds in your Dave Checking Account, we will approve the transaction and place a temporary hold on the funds in your Dave Checking Account. This hold will reduce the Available Balance in your Dave Checking Account. The amount of this temporary hold will usually be the amount of the Card Authorization. However, we will apply a hold for a different amount predetermined by us for transactions at certain types of merchants. If you use your Dave Debit Card at a restaurant, hotel, or rental car company, automated fuel dispenser ("pay at the pump"), the transaction may be preauthorized for an amount up to $75.00 or more.

The hold will remain on your Dave Checking Account until the merchant sends the final amount of the transaction to us and requests payment (“Settlement”). If the merchant does not request Settlement or is delayed in requesting Settlement, it may take up to seven (7) calendar days for the hold to be removed for most transactions. For transactions at hotels, it may take up to thirty (30) days for the hold to be removed. For transactions at rental car companies, it may take up to sixty (60) days for the hold to be removed.

Please note that the merchant controls the timing of both the Card Authorization and Settlement. This means that a merchant may initiate Settlement after the Card Authorization hold has already been removed. If the hold is removed and you spend the funds in your Dave Checking Account before Settlement, it may cause your Dave Checking Account to overdraw. In addition, the Card Authorization amount that the merchant requests may be different than the Settlement amount. It is therefore very important that you keep track of your transactions and your Dave Checking Account. We cannot stop a Dave Debit Card transaction once we have approved a Card Authorization, and you will be responsible for repaying any negative balance that may occur in your Dave Checking Account.

J. Returns and Refunds

Please be aware of the merchant’s return policies before using your Dave Debit Card to make a purchase. Neither we nor Dave is responsible for the delivery, quality, safety, legality, or any other aspect of the goods or services you purchase using your Dave Debit Card. If you have a problem with a purchase that you made with your Dave Debit Card or if you have a dispute with the merchant, you must handle it directly with the merchant. If you are entitled to a refund for any reason for goods or services obtained using your Dave Debit Card, you agree to accept credits to your Dave Debit Card for the refund and agree to the refund policy of the merchant. The amounts credited to your Dave Debit Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.

K. Freezing Your Dave Debit Card

You have the ability to “freeze” your Dave Debit Card or your Virtual Debit Card through the Mobile App if you misplace your Dave Debit Card. Freezing your Dave Debit Card will disable it and prevent it from being used. You may also remove the freeze through the Mobile App. However, you should always contact us immediately if you believe your Dave Debit Card has been lost or stolen, even if you have frozen your Dave Card through the Mobile App. Please refer to Section V(F) for information on lost or stolen Dave Debit Cards and how to limit your liability for unauthorized transactions.

L. Replacing Your Dave Card

If you need to replace your Dave Card for any reason, please contact us through the chat feature in the Mobile App Monday through Saturday between 6:00 AM Pacific Time and 4:00 PM Pacific time; outside of these hours, you can email Dave at support@dave.com or call us at 1-844-857-3283. You will be required to provide personal information so that we may verify your identity before we will issue you a replacement Dave Debit Card.

If you believe your Dave Debit Card has been lost or stolen, you may immediately disable your Dave Debit Card by contacting us at call 1-844-857-3283. We may cancel any Dave Debit Card that has been disabled for sixty (60) calendar days or longer.

M. Use of the Dave Card With Digital Wallets

A digital wallet (“Wallet”) provides another way for you to make purchases with your Dave Card. A digital wallet is a service provided by another company (such as Apple Pay, Android Pay, Samsung Pay, etc.) that allows you to use your Dave Card to enter into transactions where the Wallet is accepted. A Wallet may not be accepted at all places where your Dave Card is otherwise accepted, and your Dave Card may not be eligible for all the features and functionalities of the Wallet. Any use of your Dave Card in or through the Wallet continues to be subject to all terms and conditions of this Agreement. We may terminate your access to or use of your Dave Card with a Wallet at any time and for any reason, including if you violate any of the terms or conditions of this Agreement.

You can add or remove your Dave Card from a Wallet by following the instructions provided by the Wallet provider. By doing this, you agree to allow us to share your Dave Card information with the Wallet provider. You may be required to take additional steps to authenticate yourself before your Dave Card is added to the Wallet. We do not charge you any additional fees for adding your Dave Card to a Wallet or for using your Dave Card in the Wallet. However, any fees and charges that would apply when you use your Dave Card outside the Wallet will also apply when you use a Wallet to make purchases with your Dave Card or otherwise access your Dave Card. The Wallet provider and other third parties, such as wireless companies or data service providers, may charge you fees. The digital version of your Dave Card in a Wallet may, in our sole discretion, be automatically updated or upgraded without notice to you.

We are not the provider of the Wallet, and we are not responsible for providing the Wallet service to you or for ensuring that your Dave Card is compatible with any Wallet service. We are only responsible for supplying information to the Wallet provider to allow usage of your Dave Card in the Wallet, as you have requested. We are not responsible for any failure of the Wallet, any mobile device you use with the Wallet, or the inability to use the Wallet for any transaction. We are not responsible for how the Wallet provider performs its services or any other third parties regarding any agreement you enter into with the Wallet provider or other third party. We do not control the privacy and security of any of your information that may be held by the Wallet provider. Any information held by the Wallet provider is governed by the privacy policy given to you by the Wallet provider. If you have location services enabled on your mobile device, the location of your mobile device may be collected and shared by the Wallet provider in accordance with their respective data and privacy policies, including with us. If you request to add your Dave Card to a Wallet, you authorize us to collect, transmit, store, use, and share information about you, your mobile device, and your use of the Dave Card in accordance with our privacy policy, as amended from time to time, available at https://www.dave.com/evolve-privacy.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ARE WE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF A WALLET, YOUR USE OF THE DAVE CARD OR VIRTUAL DAVE CARD IN CONNECTION WITH A WALLET, OR A MOBILE DEVICE.

If you use a Wallet, you should protect your Wallet and your mobile device as you would your Dave Card. If your Wallet or mobile device is compromised, lost, or stolen, you should also consider your Dave Card lost or stolen and notify us immediately. Please see Section V(F) for instructions for reporting a lost or stolen Dave Card.

If you have any questions, disputes, or complaints about a Wallet, contact the Wallet provider using the information given to you by the provider.

N. Suspension and Cancellation

We may refuse to issue, deactivate, revoke, suspend, or cancel your Dave Debit Card at any time with or without notice to you, other than as required by law. This includes deactivating or canceling your Dave Debit Card if it has been lost or stolen to prevent unauthorized transactions. You agree not to use your Dave  Debit Card once it has been deactivated, revoked, suspended, or canceled. We may also limit your use of the Dave Debit Card, including limiting or prohibiting specific types of transactions. If you would like to cancel your Dave Debit Card, you may do so at any time by contacting us through the chat feature of the Mobile App or by emailing Dave at support@dave.com.

The cancellation of your Dave Debit Card privileges will not otherwise affect your rights and obligations under this Agreement.

V. “Send a Check” Service

When you open a Dave Checking Account, you will be given access to the “Send a Check” Service accessible through the Mobile App. Send a Check allows you to authorize us to make payments in the form of a paper check on your behalf to third parties. There are no fees for making payments through Send a Check. Payments may only be sent to mailing addresses within the United States.

To initiate a Send a Check payment, you must provide the name and mailing address of each individual or company you wish to pay, as well as any other information requested through the Mobile App. You are responsible for verifying the completeness and accuracy of all information you give us for Send a Check payments. Neither we nor Dave is liable for losses resulting from incorrectly entered information on Send a Check payments.

A. How Send a Check Payments Are Processed

By using Send a Check, you authorize us to follow the payment instructions you have provided to us through the Send a Check service. The amount of the payment will be deducted from your Dave Checking Account and sent to the merchant or other third party on your behalf in the form of a paper check drawn on a third-party account at another bank. Checks will be sent on the business day following the date we process your payment request using standard U.S. Postal Service mail. Please allow three (3) to nine (9) days for delivery of the check to account for mailing time (“Delivery Time”). You are responsible for initiating Send a Check payments so that your payment is received prior to any applicable due dates. Neither we nor Dave is liable for any late penalties or fees assessed due to late Send a Check payments if they are delivered within the Delivery Time. The amount of the Send a Check payment will be immediately deducted from your Available Balance on the business day we process your payment. Send a Check payments are processed each business day by 6:00 AM Pacific Time. Payments you authorize after this time or on a non-business day will be processed by 6:00 AM Pacific Time the next business day. We reserve the right to refuse to process payments to any individual or company.

B. Returned or Uncashed Send a Check Payments

Send a Check, payments may be refused or returned by the individual or company to whom the payment was issued. The determination to accept this method of payment is at the sole discretion of the individual or company you wish to pay. Send a Check payments may also be returned by the U.S. Postal Service in cases of expired or invalid addresses. If a payment is returned to us for any reason, the check will be voided and the full amount credited to your Dave Checking Account within one business day.

Uncashed Send a Check payments will be voided after 180 days. The full amount of the payment will be credited to your Dave Checking Account within one business day.

C. No Cancellations

Please make sure you provide us with accurate information when requesting a Send a Check payment. Once you have authorized a Send a Check payment, we cannot prevent the payment from being processed or the amount of the check from being deducted from your Dave Checking Account. If you do make a mistake, contact us right away through the chat feature of the Mobile App or by email at support@dave.com, and we can attempt to have the check that was mailed voided and help you obtain a refund or have a new check issued using the correct information.

D. Payments to the Government and Court-Ordered Payments

We discourage you from initiating Send a Check payments to government entities (such as tax payments) or to make payments under a court order, you may choose to do so at your own risk. In no event will we or Dave be liable for any claims, losses, or damages resulting from you authorizing such payments, and neither we nor Dave have any obligation to research or resolve any claims that may arise. You will be solely responsible for researching and resolving any misapplied, mis-posted, or misdirected Send a Check payments sent to government entities or pursuant to a court order.

VI. Electronic Fund Transfers

Your Dave Checking Account and the Dave Card allow you to withdraw funds up to the Available Balance or make deposits through Electronic Fund Transfers (“EFTs”). EFTs are transactions that are processed by electronic means and include, among others, ACH transfers, debit card transactions, ATM withdrawals, and cash loads through Green Dot®. This Section provides you with information and important disclosures, and terms about the EFTs that are permitted on your Dave Checking Account or in connection with your Dave Card. You may also receive additional services from Dave through the Mobile App, that allow you to initiate EFTs to and from your Dave Checking Account that are not described in this Agreement. You will be provided separate agreements and disclosures applicable to those services from Dave.

A. Types of EFTs Supported by Your Dave Checking Account

Your Dave Checking Account allows the following types of EFTs:

• Direct deposits from your employer or other source of income
• Cash loads to your Dave Checking Account using Green Dot® reload at the register
• Transfers to your Dave Checking Account using your Apple Pay, Google Pay, or debit card
• Transfers to or from your Dave Checking Account to a linked bank account through the Mobile App
• Transfers to or from your Dave Checking Account to a merchant or other third party by providing the third party with your Dave Checking Account routing number and account number
• Payments to merchants and other third parties using the Send a Check feature
• Purchases or other transactions using your Dave Debit Card at merchants that have agreed to accept the Dave  Debit Card
• ATM withdrawals using your Dave Debit Card

B. Limitations on EFTs

There are limitations on the frequency and amount of transactions you can make to or from your Dave Checking Account. These limits are different for each type of transaction. For limits that apply to transactions that credit or deposit funds into your Dave Checking Account, please refer to Section III(A) concerning deposits. For limits that apply to transactions that debit or withdraw from your Dave Checking Account, please refer to Section III(D) concerning withdrawals.

For security reasons, your Dave Checking 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 Dave Checking 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 Dave Checking 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.

C. Your Right to Receive Information and Documentation of Your Transactions

You will receive information and documentation concerning any EFTs that debit or credit your Dave Checking Account in the following ways:

• Statements: We will provide you information about each transaction that debits or credits your Dave Checking 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.
• Direct Deposits: If you receive a direct deposit into your Dave Checking Account at least once every sixty (60) days from your employer or other person or company, you can check if the deposit has been made by reviewing your transaction history in the Mobile App or by contacting us through the chat feature of your Mobile App.
• Receipts: You can get a receipt at the time you make a withdrawal at an ATM or a purchase at a point-of-sale terminal using your Dave Debit Card.

D. Preauthorized Transfers, Your Right to Stop Payment and Notices of Varying Amounts

If you authorize us or another company or person to withdraw from your Dave Checking Account or charge your Dave Card on a regular basis (such as when you sign up for “autopay” to pay a monthly bill), it is called a Preauthorized Transfer. You have the right to place a stop payment on Preauthorized Transfers, as well as get a notification when the amount of a particular withdrawal will be different from the amount of the last withdrawal.

1. Your Right to Stop Payment

If you authorize a company or person to take payments from your Dave Checking Account or charge your Dave Card on a regular basis through a Preauthorized Transfer, you can stop any of these payments by contacting us using the chat feature through the Mobile App or by sending us an email at support@dave.com at least three (3) business days before the next payment is scheduled to be made.

Make sure to provide us with (1) your name, (2) your Dave Checking Account number, (3) the company or person taking the payments, and (4) the date and amount of the scheduled payment you wish to stop. If you want all future payments from that company or person stopped, be sure to tell us that as well. If you do not provide us with the correct information, such as the correct payee or the correct amount of the payment you wish to stop, we may not be able to stop the payment.

2. Our Liability if We Fail To Stop a Preauthorized Transfer

If you order us to stop one of these payments three (3) business days or more before the payment is scheduled and provide us with all information requested, and we do not do so, we will be liable for your losses or damages proximately caused by the failure. However, we will not be liable if the company or person initiating the payments changes the dollar amount of the payment or makes other changes that cause us not to recognize it as the payment you requested be stopped.

3. Notices of Varying Amounts

If these regular payments vary in amount, the person or company you are paying will tell you ten (10) days before each payment when it will be made and how much it will be. You may be given the option to only get this notice when the payment will differ by more than a certain amount from the previous payment, or when the amount will fall outside certain limits that you set.

E. Our Liability for a Failure To Complete A Transaction

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 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 Dave Checking Account is not sufficient to complete the transaction, through no fault of ours.
• If the ATM you use does not have enough cash.
• 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 Dave Checking Account is closed or inactive.
• Your Dave Card has been frozen, revoked, canceled, or suspended.

There may be additional exceptions stated in our or Dave’s agreements with you or permitted by law.

F. Your Liability for Unauthorized EFTs

Tell us AT ONCE if you believe your Dave Card, PIN, or your Mobile App login credentials have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 business days after you learn of the loss or theft of your Dave Card, PIN, or Mobile App login credentials, you can lose no more than $50 if someone used your Dave Card, PIN, or Mobile App login credentials without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your Dave Card, PIN or Mobile App login credentials, and we can prove we could have stopped someone from using your Dave Card, PIN or Mobile App login credentials 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 card, code, or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 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.

G. In Case of Errors or Questions About Your EFTs

Contact us at 1-844-857-3283 or write us at Evolve ℅ Dave 1265 S Cochran Ave, Los Angeles, CA 90019 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 Dave Checking 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 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, we will credit your Dave Checking 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 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 Dave Checking 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.

VII. Arbitration Agreement

THIS ARBITRATION  AGREEMENT SECTION (“ARBITRATION AGREEMENT”) IMPACTS HOW LEGAL DISPUTES BETWEEN YOU AND US ARE RESOLVED. PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY.  If a dispute (defined in Section VII(A) below) is subject to arbitration under this Arbitration Agreement, 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 we would in court; or (3) participate in a class action in court, any other representative proceeding, or class-wide arbitration. Arbitration procedures are simpler and designed to be more efficient than those applicable in court.

A.  Applicability of Arbitration Agreement

If there is a Dispute (defined below) that arises between you and us or you and Dave, and we are not able to resolve the Dispute informally subject to the Informal Dispute Resolution process described in Section VII(C) below, you and we agree that, upon demand by either you or us, the Dispute will be resolved through binding arbitration as set forth in this Section VII, unless you opt out of arbitration as provided below, except that: you and us may each assert claims or seek relief in small claims court if such claims qualify and remain in small claims court. A “Dispute”, as used in this Arbitration Agreement, is any disagreement, controversy, or claim between you and us and/or you and Dave, arising from or relating in any way to the Account, the Card, your access to or use of the Account and/or Card; or this Agreement and any prior versions of this Agreement (each, a “Dispute”). The term “Dispute” is to be given the broadest possible meaning permitted by law and includes, by way of example and without limitation, any disagreement relating in any way to your Account or Card, including any updated or substituted account(s) or Card(s) or joint accountholders or cardholders on your Account or Card, services offered in connection with your Account, Card, or otherwise pursuant to this Agreement; your use of any of our banking products or services related to your Account or Card or this Agreement; any means you may use to access your Accounts(s); any advertisements, promotions, or oral or written statements related to the Account or Card; the benefits and services related to the Account or Card; or your approval for, establishment of, or enrollment in an Account or Card. Disputes also include any disagreements about the meaning, application, or enforceability of this Arbitration Agreement. Disputes will include disputes regarding known or unknown claims that were not noticed prior to you first becoming subject to this Agreement, but that involve facts occurring before the existence of this or any prior versions of this Agreement, as well as claims that may arise after the termination of this Agreement. As solely used in this Arbitration Agreement, “we” or “us” shall include Evolve, its affiliates, and their successors, employees, directors, officers, and agents. In addition, “we” or “us” shall include Dave, any third party, their respective subsidiaries, affiliates, licensees, predecessors, successors, and assigns using or providing any product, service or benefit in connection with this Agreement or any Account or Card if, and only if, such third party is named as a co-party with us (or files a claim with or against us) in connection with a Dispute asserted by you. The terms “you” or “yours” shall mean each Account owner or cardholder and all persons or entities approved to have, approved to use, and/or given access to an Account or Card, including but not limited to all persons or entities contractually obligated under this Agreement and all joint accountholder(s) and any additional cardholders. The term "Account" for purposes of arbitration includes any updated or substituted account for you related to the Account or any other account contemplated by this Agreement.

B. 60-Day Right to Opt-Out of Arbitration Agreement 

You have the right to opt out of this Arbitration Agreement by sending a written notice of your decision to opt out to support@dave.com (“Opt-Out Notice”), within sixty (60) days after first becoming subject to this Arbitration Agreement. Your Opt-Out Notice must clearly state that you want to opt out of this Arbitration Agreement, identifying the Arbitration Agreement by date; provide your name and address, and the email address and the phone number you used to set up your Account; and be electronically signed by you. No other methods can be used to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or our rights. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.

C.  Informal Dispute Resolution

If a Dispute arises between you and us, Evolve is committed to working with you to reach a prompt, low‐cost, and mutually beneficial resolution. You and we agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Evolve agree that, as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Evolve should be sent by email to support@dave.com. The Notice must include: (1) your name, telephone number, postal address, and email address associated with your account (if you have one); (2) the name, telephone number, postal address and email address of your counsel, if any; and (3) a description of the Dispute. Evolve will send Notice, including a description of the Dispute, to your email address or postal address on file.  It is your responsibility to ensure your email and postal address are correct and remain up to date.

The Informal Dispute Resolution process lasts forty-five (45) days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Informal Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. 

The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

D.  Waiver of Jury Trial

YOU AND EVOLVE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Evolve are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section VII(A) entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

E. Waiver of Class and Other Non-Individualized Relief

EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim.  Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section VII(J) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Evolve agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts where there is jurisdiction

over the parties, and all other claims and requested relief will be decided in arbitration under this Arbitration Agreement. In such a case, the parties will request that the court stay the severed claim(s) or request(s) for relief until the arbitration is concluded. In no event will a request for public injunctive relief be arbitrated, and in no event does this Section authorize class arbitration. All other Disputes shall be arbitrated or litigated in small claims court. This Section does not prevent you or Evolve from participating in a class-wide or mass settlement of claims.

F. Arbitration Procedures, Rules, and Forum

The Agreement evidences a transaction involving interstate commerce, and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, you and Evolve agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitrator shall apply substantive law consistent with the Federal Arbitration Act and as specified in this Agreement.

The arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, postal address, and email address of the party to this Agreement seeking arbitration, as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party or its counsel will pay any necessary filing fees in connection with such arbitration, which in the case of a consumer will be no more than $215.00, or as currently set by the applicable NAM fee schedules (the “Fee Schedules”). Any Demand you send to Evolve should be sent by email to support@dave.com. Evolve will provide the Demand to your email address on file. 

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, postal address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).  

If you file separate Demands against Evolve and Dave that involve the same or substantially similar claims and are of a substantially similar nature, you agree that those Demands will be consolidated into a single arbitration proceeding, with a single set of filing and administrative fees.

Unless you and Evolve otherwise agree, or the Batch Arbitration process discussed in Section VII(J) below is triggered, you and we agree that the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the NAM Fee Schedules.  

You and Evolve agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. 

You and Evolve agree that at least fourteen (14) days before the date set for any arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

G. Arbitrator

The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under Section VII(J) below is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch. If any claimant objects to the arbitrator NAM appoints for their batch, they may raise this objection with NAM.

H. Authority of Arbitrator

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the Section entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the Section entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such Section entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Unsatisfied judgments on the arbitration award may be entered in any court having jurisdiction.

I. Attorneys’ Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.

J. Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and Evolve agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Evolve by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each individual Demand within each batch on a consolidated basis, with one set of filing and administrative fees due per batch, one procedural calendar per batch, and one hearing (if any) per batch in a place to be determined by the arbitrator, (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Evolve.

You and Evolve agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

K. Continuation and Severability of this Arbitration Agreement

This Arbitration Agreement shall survive termination of your ExtraCash Account, Card, any voluntary payment of any debt owed to us and paid in full by you, any legal proceeding by us to collect a debt owed by you, and/or any bankruptcy by you or us. Except as provided in Section VII(E) entitled “Waiver of Class or Other Non-Individualized Relief,” if any portion or portions of this Arbitration Agreement (other than Section VII(J)) are found under the law to be invalid or unenforceable, then such specific portion or portions shall be of no force and effect and shall be severed, and the remaining portions of this Arbitration Agreement, shall continue in full force and effect.  However, if Section VII(J) of this Arbitration Agreement, entitled “Batch Arbitration,” or the entirety of Section VII(E) of this Arbitration Agreement, entitled “Waiver of Class or Other Non-Individualized Relief,” is found under the law to be invalid or unenforceable then, in either case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Shelby County, Tennessee. You further agree that, except where prohibited by law, any Dispute between you and Evolve as detailed in this Arbitration Agreement must be initiated within two (2) years after the cause of action accrues under federal or Tennessee law or, if another agreement you have with us provides for a shorter period of time, then within that shorter period of time, which shall govern; otherwise, such cause of action will be forever time barred.

VIII. Other Legal Terms and Conditions

A. No Assignments

Your Dave Checking 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.

B. Deposit Account Ownership

You hereby agree to appoint Dave as your authorized agent with respect to managing, administering, and maintaining your funds, including but not limited to facilitating deposits, withdrawals, and funds transfers as instructed by you or in accordance with your agreements with Dave.

You acknowledge and agree that your funds may be held on a pooled basis. For the avoidance of doubt, all such funds are your property, and not that of Dave. Dave holds no ownership interest in the funds deposited in your Dave Checking Account.

C. Legal Processes and Claims Affecting Your Dave Checking 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 Dave Checking 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 Dave Checking Account. If we receive a claim against the funds in your Dave Checking Account, or if we know of or believe that there is a dispute as to the ownership or control of funds in your Dave Checking Account, we may, in our discretion: (1) place a hold on your Dave Checking Account and refuse to pay out any funds until we are satisfied that the dispute is settled; (2) close your Dave Checking 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.

D. Limitation of Liability and Disclaimer of Warranty

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 PROVIDED TO YOU BY DAVE, NOT AS OUR SERVICE PROVIDER. 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 DAVE CHECKING ACCOUNT OR DAVE CARD 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.

E. Indemnification

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.

F. Our Right of Set-Off and Security Interest

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 Dave Checking 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 Dave Checking 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 Dave Checking 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 Dave Checking Account for our losses without prior notice to you.

G. Changes in Terms and Additional Services

We may change this Agreement, or any fees and features of your Dave Checking Account or Dave Debit Card, at any time by posting an amended Agreement on Dave’s website, Dave.com, or otherwise providing you such amended Agreement, and any such amendment shall be effective upon posting. Your continued use of your Account after any change to this Agreement constitutes your agreement to be bound by any such changes. 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 email or postal 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 ExtraCash 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.  This Section VI(G) does not apply to the Arbitration Agreement in Section V.

H. No Waiver of Rights

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.

I. Severability

Subject to Section VII(K) above, in the event that any court or tribunal of competent jurisdiction determines that any provision(s) or portion(s) of any provision(s) of this Agreement is illegal, invalid or unenforceable, that specific provision or part of that provision, shall be of no force and effect and shall be severed, and the remainder of this Agreement shall not be affected and shall continue in full force and effect. To the extent permitted by law, the parties waive any provision(s) or portion(s) of any provision(s) of law which prohibit or render unenforceable any provision(s) or portion(s) of any provision(s) of this Agreement, and to the extent that such waiver is not permitted by law, you and us agree that such provision(s) or portion(s) of provision(s) will be interpreted as modified to the minimum extent necessary to render the provision(s) or portion(s) of provision(s) enforceable.

J. Governing Law, Forum and Time Limits

All actions relating to your Dave Checking Account and this Agreement will be governed by the laws and regulations of the United States and the State of Tennessee, where your Dave Checking Account will be opened, except that the Arbitration Agreement in Section VII is governed by the Federal Arbitration Act. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated in accordance with Section VII above 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 and we agree that you and we must commence any lawsuit or arbitration against the other within two (2) years after the cause of action accrues unless federal or Tennessee law, or another agreement you have with us, provides for a shorter period of time, in which case, that shorter period of time shall govern; otherwise, such cause of action is permanently barred. 

K. Insurance Coverage

The FDIC insures deposits according to the ownership category in which the funds are insured. Not all accounts may be insured. Unless otherwise stated by us or the FDIC, the Dave Checking Account is insured by the FDIC up to the standard maximum deposit insurance amount per depositor, per FDIC-insured bank, and per ownership category (the “Standard Insurance Amount” or “SIA”). For purposes of determining the SIA applicable to your Dave Checking Account at Bank, you need to consider all accounts that you also hold at the Bank. To determine SIA applicable to your Dave Checking Account maintained at Bank and for any other FDIC insurance requirements that may apply, please visit the FDIC’s website at www.fdic.gov/deposit/deposits or call the FDIC directly at 1-877-ASKFDIC (1-877-275-3342). You can also use the FDIC’s Electronic Deposit Insurance Estimator (EDIE) at www.fdic.gov/edie.