Bank Services Agreement

Welcome to Mezu, the mobile application of Mezu (NA), Inc. ("Mezu"). This Bank Services Agreement (the "Agreement") governs your use of the Service" and the associated "Account" offered by Community Federal Savings Bank (CFSB), member FDIC (the "Bank") and Mezu, as agent and service provider to the Bank, (together, the Bank and Mezu, "we," "us," and "our") if you reside in a U.S. state or territory in which Mezu does not engage in money transmission business activities. A complete listing of money transmission licenses maintained by Mezu can be accessed here: https://legal.mezu.com

Your use of the Mezu App in connection with the Service is governed by a separate agreement between you and Mezu (the "Mezu App Terms"). By accessing or using the Service through the Mezu App, you agree to be bound to this Agreement, whether or not you are a registered user of the App.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

• The Service

  The Service allows you to (1) load funds to your Account, (2) send and receive funds to/from other users of the Service, and (3) withdraw funds from your Account (each, a "Transaction").

  If we do not complete a Transaction as described in this Agreement, we will be liable for your losses or damages. Notwithstanding the foregoing, you agree that we shall incur no liability if we are unable to complete any transaction if: (i) through no fault of ours, you do not have sufficient funds in your Account and/or the applicable External Financial Account (as defined below) to perform the transaction; (ii) a failure of the Receiving User (as defined below) to enter the Code (as defined below) within the applicable amount of time provided by us; (iii) a malfunction of the Mezu App due to circumstances beyond our control or due to circumstances of which you were aware of at the time you generated the Code; (iv) the funds in your Account are subject to legal process or are otherwise not available; (v) if your access to the Service has been blocked after you reported your Account credentials lost or stolen; (vi) if we have reason to believe the Transaction is connected to fraud or unauthorized; (vii) your External Financial Account that you have provided is invalid or closed; or (viii) any other exception set forth in this Agreement.

  • Your Account

    Your Account is non-interest bearing account, therefore no interest will be paid to you for those funds that you load, otherwise receive or maintain in your Account through use of the Service. The funds associated with your Account are held in a pooled deposit account, which may be combined with the funds of other users of the Service, at the Bank. You will be able to use the Mezu App to view the available balance in your Account (the "Funds Balance"), which is the total amount in your Account (the "Total Balance") minus the applicable fee to withdraw such funds (the "Withdrawal Fee") as specified in our then-current Fee Schedule. Funds associated with your Account that are in-transit and have not settled with the Bank may not be available for withdrawal until the funds settle with the Bank. We reserve the right to impose limits on the maximum amount that you can maintain in, or transact with, your Account and reserve the right to change such limits at any time. Your Funds Balance may also include balances or credits applied to your Account as part of Mezu sponsored marketing campaigns and promotions (the "Marketing Funds Balance"). Your Marketing Funds Balance is subject to the terms and conditions of the respective marketing campaign and promotion that applies to it. Marketing Funds Balance may expire if your Account is considered to be dormant or inactive (refer to Section 8. Abandoned Property) or if your Account is rejected or closed by Mezu or the Bank.

    
    

  • Loading Funds

    You can load funds from valid external sources, including, without limitation, those described below that are enabled with the Mezu App (“External Financial Accounts”). External Financial Accounts supported by the Mezu App may include, without limitation: (i) your bank account issued solely by a U.S.-based bank; (ii) a valid debit card issued solely by a U.S.-based bank or financial institution bearing the Visa, MasterCard or Discover (“Payment Card Network”) logo. You may not use External Accounts labeled as prepaid accounts, prepaid cards or gift cards to load funds to your Account with the App. We may provide you with the option to load funds manually, or to load funds automatically such as when you act as a Sender (as described below and in the Mezu App Terms). You are not required to load funds from an External Financial Account in order to use the Service (e.g., you are able to receive funds from other App users without loading funds from an External Financial Account). Funds that you load may be sent to other users of the Service, but may not be available for withdrawal until they have settled with the Bank.

    
    

  • Sending and Receiving Funds

    You can send funds to other users of the Service through the Mezu App from either your Funds Balance or, if you choose, an External Financial Account.

    For purposes of this section, a “Sender” means an Mezu App user who sends (or is intended to send) funds to another Mezu App user (the “Receiving User”). For the avoidance of doubt, a Receiving User also includes an Mezu App user that is requesting to receive funds.

    Funds may be transferred between Mezu App users as follows:

    ( i ) To send or provide funds to another Mezu App user, a Sender (as defined herein) can use the Mezu App in a private setting, and specify the amount to give the Receiving User, without having to exchange personal information. Specifying an amount to give privately will generate a four to six digit code that will be displayed on the Sender’s mobile device screen (the “Code”), which the Sender must provide to its desired Receiving User. The Receiving User receiving funds privately must enter the Code into their Mezu App, which will result in a transfer of the funds from the Sender Account to such Receiving User Account. Thereafter, the Accounts for the Sender and such Receiving User will be updated to reflect the funds transfer. The amount of time the Receiving User has to enter the Code into their Mezu App in order to receive a transfer may be limited; if the Code is not entered within the allotted timeframe, the funds are returned to the Sender. The Sender may cancel the request to give funds before the Receiving User has entered the Code; or

    ( ii ) the Sender may select a nearby Receiving Users’ account tag (or “Mezubox”) and specify the amount they want to give to that Receiving User, without having to exchange personal information; or

    ( iii ) the Sender may select a known contact and send that person a specified amount; or

    ( iv ) the Receiving User may select a known contact as the Sender and specify the amount they want to receive from that contact. The Sender will receive a notification of the Receiving User’s request and will have the option to authorize or reject the transfer.

    In the event that the Transaction exceeds your Funds Balance, you authorize the payment to be originated from your External Financial Account that you have selected as your default payment method. You can also receive funds from other users of the Service; however, in order to receive funds you may be required to enter a confirmation code in the Mezu App to authorize the Transaction. We do not assess you a fee to send or receive funds to or from other users of the Service. Transactions may not take effect immediately and may take up to seven (7) Business Days to be reflected in your Account.

    
    

  • Withdrawing Funds

    You may withdraw funds stored in your Account for disbursement to an External Financial Account at any time. You may be assessed a Withdrawal Fee for any funds that you withdraw, as specified in our then-current Fee Schedule. The Transactions you initiate from or to External Financial Accounts will process via electronic funds transfer, such as Automated Clearing House (“ACH”) transfer or the respective Payment Card Network. You agree that by making such requests you authorize Mezu to instruct the Bank to make the transfer, and you will not be able to cancel the Transaction, except as expressly provided in this Agreement. In certain situations, funds may take up to seven (7) Business Days to settle in your External Financial Account. If the applicable funds are not posted to your External Financial Account within seven (7) Business Days, an error may have occurred. In such event, please contact our support team at [email protected]. We may limit how many electronic transfers you can initiate from the Mezu App to your External Financial Accounts and how much money you can transfer in a single Transaction. We reserve the right to delay or further limit such transfers while we screen Accounts or Transactions for risk

    
    

  • Preauthorized Payments

    If the Service enables preauthorized payments and you have notified us in advance to make regular electronic fund transfers out of your Account, you may order us to cancel or stop any of these transfers by notifying us orally or in writing at least three (3) Business Days before the electronic fund transfer is scheduled to be made. If you notify us orally, we may, in our sole discretion, require you to put your request in writing within fourteen (14) days of providing us with such oral notice. If you fail to provide us with your request in writing within the appropriate time period, the oral order to stop an electronic fund transfer ceases to be binding. We will be liable for your losses or damages in the event we fail to comply with your binding order to stop an electronic fund transfer. If the electronic transfer payments vary in amount, we will tell you ten (10) days before each electronic transfer, when it will be made and how much it will be. You may choose instead to get this notice only when the electronic transfer would differ by more than a certain amount from the previous electronic transfer, or when the amount would fall outside certain limits that you set.

    
    

  • ACH Authorization

    You hereby authorize us to electronically initiate through the ACH network a debit or credit entry to your External Financial Account and further authorize your External Financial Account provider to debit/credit the same to such Account. You understand that the above authorization will remain in full force and effect until you notify us in writing at [email protected] or 101 Avenue of the Americas, 9th Floor, New York, NY 10013 that you wish to revoke this authorization in such time and such manner as to afford the Bank and Mezu and your External Financial Account provider a reasonable opportunity to act on it. We reserve the right to terminate the services to you under this Agreement if you revoke this authorization. Your authorization remains in effect while you are a customer and for a period of ninety (90) days following termination or cancellation of the Bank Services.

    You also authorize the Bank to initiate an adjustment or reversal for Transactions credited/debited in error, as we determine is necessary in our sole discretion.

    
    

• Errors or Questions

  Notify us as soon as you can, if you think that there are any errors or omissions by us related to funds held in your Account or if you need more information about any electronic transfers listed in your Account or External Financial Account related to the Service. We must hear from you no later than sixty (60) days after the date you were delivered electronic notification or records of the Transaction. When you contact us, you must provide: (i) your name; (ii) the mobile telephone number related to your account; (iii) a description of the suspected error or omission, including, without limitation, an explanation of why you believe it is an error or why you need more information; and (iv) the dollar amount of the suspected error. If you provide this information orally, we will require that you also send written notification of your complaint or question within ten (10) Business Days.

  We will generally tell you the results of our investigation into the suspected error within ten (10) Business Days of receipt of your written notification (or your oral notification, if no written notification is requested). However, if necessary, we may take up to forty-five (45) days to complete our investigation. If we do so, we will credit your account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the funds 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 or point-of-sale transactions, we may take up to ninety (90) calendar Days to investigate your complaint or question. For new accounts, we may take up to twenty (20) Business Days to credit your account for the amount you think is in error.

  We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  
  

• Fees and Expenses

  You will incur a Withdrawal Fee when you initiate the withdrawal of funds from your Account as set forth in the Fee Schedule. We may charge a fee to load your Account depending on the funding source utilized.

  In addition, you may be liable for third party fees or charges in connection with transfers to or from your Account, which may be assessed by the issuer or provider of your External Financial Account, as well as certain penalties, including, without limitation, third party fees, such as insufficient fund fees, reversal fees, or ACH insufficient fund fees.

  
  

• Account Statement

  Your Account transaction history for the preceding twelve (12) months is available through the Mezu App in real-time and Mezu elects to provide account and transaction records in accordance with an alternate method, as authorized by Applicable Law, in lieu of sending you periodic Account statements. However, you do have the right to receive a written statement of your Account history. This statement may be sent by electronic means. You may separately request a written Account statement of the history of your transactions at any time by calling us at 1-844-573-3265 or writing us at 101 Avenue of the Americas, 9th Floor, New York, NY 10013. This service will be provided through customer support and a fee may be charged.

  
  

• Passwords and Codes

  Any and all password or other appropriate security code used by you to access your Account or to enable Transactions (collectively, “Passwords”) are for security purposes. You are responsible for safekeeping your Passwords and the mobile device containing the App. You agree not to disclose or otherwise make any of your Passwords or your mobile device containing the Mezu App available to anyone. You are hereby not authorized to allow another person to access your Account or to use your Account to conduct transactions on behalf of another person.

  
  

• Your Liability for Unauthorized Transfers

  Contact us AT ONCE if you believe your Passwords or your mobile device containing the Mezu App has been lost or stolen, or if you believe that a Transaction has been initiated without your permission. Telephoning us at 1-844-573-3265 is the best way of keeping your possible losses down. You could lose all the money in your Account. If you notify us within two (2) Business Days after you learn of the loss or theft of your Password, any of the Codes or your mobile device containing the App, you can lose no more than $50.00 if someone used your Password, any Code or your mobile device containing the Mezu App without your permission.

  If you do not notify us within two (2) Business Days after you learn of the loss or theft of your Password, any of the Codes or your mobile device containing the App, and we can prove we could have stopped someone from using your Password, such Codes or your mobile device containing the Mezu App without your permission if you had told us, you could lose as much as $500.00.

  Additionally, if your Account details or transaction history reflects Transactions that you did not authorize, notify us immediately. If you do not notify us within sixty (60) days after the transaction details were transmitted to you (whether electronically or by mail in a written statement), you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had notified 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 described in this section.

  We may use various means for identifying you, such as electronic or mechanical confirmation, two-factor authentication to ensure you are the one accessing the Passwords or your mobile device containing the Mezu App or comparison of your mobile devices’ security pin or fingerprint. You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account information. This may include asking you for further information and/or documentation about your Account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources.

  
  

• Privacy

  Your privacy is very important to us. The ways in which we use and disclose your personal information are set out in the Privacy Policy of the Bank and the Privacy Policy of Mezu, which is hereby incorporated by reference into this Agreement. You understand that by using the Mezu App to access the Service, you consent to the collection, use, and disclosure of your information as set forth in this Agreement.

  
  

• Abandoned Property

  To the extent required by law for the period of time set forth by your state of residence or other governing body in its unclaimed property laws, if you discontinue your use of the Service and leave a balance of funds, or if we deactivate your Account and you do not meet the conditions necessary to reinstate it, we may close your Account and escheat (send) your funds to the jurisdiction associated with the most current home address you have provided to us. The specified period of time to report and send funds in an inactive or closed Account to such jurisdiction varies, but usually ranges between two and five years. An account listed as a dormant or inactive account may be subject to a maintenance fee as currently reflected in our Fee Schedule.

  
  

• Program Manager and Other Service Providers

  We use service providers to help administer the Service and to provide related support to you on our behalf. In particular, we use Mezu as our program manager and principal point of contact to provide customer service and related functions on our behalf. Any communications in connection with your use of the Service that are to be made to us should be directed to Mezu at the telephone number or email address set out in this Agreement.

  
  

• Indemnity

  You agree to defend, indemnify and hold us harmless, including our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (i) your use of the Service, including, without limitation, any data or content transmitted or received by you through the Mezu App; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy; (iv) your violation of applicable law; (v) any content that is submitted via your Account including, without limitation, misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of your Account to access the Service.

  
  

• Limitation of Liability

  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

  THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  
  

• Governing Law, Arbitration, and Class Action/Jury Trial Waiver

  • Governing Law

    This Agreement will be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction

    
    

  • Dispute Resolution by Binding Arbitration; Jury Trial / Class Action Waiver

    For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to your Account, your use of the Service or this Agreement (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the borough of Manhattan, New York, New York, or, in the alternative, may be conducted telephonically at your request. As used in this Section, “we” and “us” mean the Bank and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing any product, service, or benefit in connection with the Accounts, the Service or this Agreement (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.

    Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

    You should review this provision carefully. To the extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in your state or municipality within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.

    Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

    You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) subject to Section 12 (Limitation of Liability), the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.

    This Section will survive termination of your Account or this Agreement as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the borough of Manhattan, New York, New York.

    For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

    
    

• General

  • Setoff and Your Liability to Us

    In the event that you are liable for any amounts to us, we may remove such amounts from your Account. If you do not have sufficient funds in your Account, we may remove the funds that you have in your Account, and you will continue to owe us the balance of any amounts for which you are liable

    
    

  • Assignment

    This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction, to the extent permitted by applicable law. Any attempted transfer or assignment in violation hereof shall be null and void.

    
    

  • Notification Procedures

    ( i ) Notices to You. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

    ( ii ) Notifications to us that are required by law or that relate to this Agreement must be sent by certified mail to 101 Avenue of the Americas, 9th Floor, New York, NY 10013.

    
    

  • Changes to the Agreement

    We may, in our sole discretion, modify or update this Agreement from time to time upon written notice or posting to the Mezu App, and so you should review this Agreement periodically. When we change the Agreement in a material manner, we will provide written notice as required by Applicable Law and/or update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

    
    

  • Entire Agreement

    This Agreement, together with any amendments, the Privacy Policy, and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us.

    
    

  • Severability

    If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

    
    

  • No Waiver

    No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

    
    

  • Cancellation and Suspension

    To the extent permitted by applicable law, we may cancel or suspend your Account or your access to the Service, or this Agreement immediately, for any reason, and without notice to you. You may cancel your Account or this Agreement at any time by notifying us by email at [email protected], by telephone at 1-844-573-3265 or by mail at Mezu Customer Service 101 Avenue of the Americas, 9th Floor, New York, NY 10013. Cancellation or suspension of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to such cancellation or suspension. In the event that your Account is cancelled, closed or terminated for any reason, you may request the unused balance to be returned to you via check to the mailing address we have in our records. We reserve the right to refuse to return the unused balance if it is less than $1.00. In addition, you may be assessed an inactivity fee if your Account remains inactive for more than twelve (12) consecutive calendar months as specified in our then-current Fee Schedule.

    
    

  • Business Days

    “Business Days” mean Monday through Friday excluding U.S. federal holidays.

    
    

  • Business Hours

    “Business Hours” means Monday through Friday from 9:00 AM to 5:00 PM Eastern Time excluding U.S. federal holidays.

    
    

  • Contact

    Please contact us at [email protected] with any questions regarding this Agreement. Call us at 1-844-573-3265 or write us at 101 Avenue of the Americas, 9th Floor, New York, NY 10013.

    
    

• Consent to use Electronic and Mobile Communications

  • Your Consent

    To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.

    
    

  • Your Right to Withdraw Your Consent

    Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at [email protected] or 1-844-573-3265. If you withdraw your consent to receive Communications electronically, we reserve the right to close your Account and return your remaining Account balance as set forth in this Agreement (in which case you will no longer be able to access your Account, except as expressly provided in this Agreement) or charge you a fee for paper copies of Communications. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

    
    

  • You Must Keep Your Contact Information Current With Us

    In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Mezu App.

    
    

  • Copies of Communications

    You should print and save or electronically store a copy of all Communications that we send to you electronically. In addition, you may request a paper version of any electronic Communication by contacting us at [email protected] or 1-844-573-3265.

    
    

  • Hardware and Software Requirements

    In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a mobile device (such as a tablet, smart phone, or an iPhone 5s or higher with the latest iOS ) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a computer with the current version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (8) a printer to print out and save Communications in paper form; or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.

    
    

  • Changes

    We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications.

    
    

  • Mobile Phone Communications

    IF YOU PROVIDED YOUR MOBILE PHONE NUMBER TO US IN CONNECTION WITH REGISTERING WITH THE SERVICE OR OPENING AN ACCOUNT, YOU HAVE CONSENTED TO THE USE OF THE NUMBER FOR US TO CONTACT YOU VIA TELEPHONE CALL OR TEXT MESSAGE IN CONNECTION WITH YOUR ACCOUNT. IF YOU DO NOT WISH TO BE CONTACTED ON YOUR MOBILE PHONE FOR THIS PURPOSE, YOU MUST CONTACT US AT [email protected] or 1-844-573-3265 TO LET US KNOW.

    
    

• USA PATRIOT Act Notice

  To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: when you open an Account, we will ask for your name, address, social security number, date of birth and other information that will allow us to identify you, such as a tax identification number. We may also ask to see a copy of your government-issued photo identification card or other identifying documents.

  
  

• Last Modified

  This Agreement was last modified on April 23, 2019.