Peak's Terms of Use – Peak Money

Effective Date: September 4, 2019

YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OR ACCESS THE SERVICES.

These Terms of Use (“Terms”) represent an agreement between you and Peak Financial, Inc. (“Peak”) and contain the terms and conditions governing your use of and access to:
(1) our website at peakmoney.com and all of our other websites to which these Terms are posted (collectively, the “Website”);
(2) our mobile application to which these Terms are posted or linked (collectively, the “Peak App”); and
(3) any products, services, and applications made available through the Website or the Peak App (together with the Website and the Peak App, the “Services”).

(4) For purposes of these Terms, “Business Day” means Monday through Friday, excluding federal banking holidays.

(5) “You” and “your” mean the person who uses or accesses the Services.

(6) “We,” “us,” and “our” mean Peak and its successors, affiliates, and assignees. As used in these Terms, “Peak Account” means the account you have with us for the Services.

Please read these these Terms and our Privacy Policy carefully, your use of and access to our Services are governed by them. By using or accessing the Services or clicking to agree to these Terms, you represent reading, understanding, and being committed to these Terms and our Privacy Policy. Peak reserves the right to deny or limit access to the Peak App.

THESE TERMS INCLUDE, AMONG OTHER THINGS, YOUR AUTHORIZATION FOR DEBITS AND CREDITS FROM AND TO YOUR BANK ACCOUNT (AS DEFINED BELOW) VIA THE AUTOMATED CLEARING HOUSE NETWORK (“ACH”).

Funds in your Peak Account are held in a beneficial ownership account at Axos Bank. Your funds are insured up to $250,000. For purposes of applicable FDIC deposit insurance limitations, please note that deposits may not be separately insured from any other deposit accounts you may have with Axos Bank.

Peak agrees to make commercially reasonable efforts to keep the Peak App available all the time but understands connectivity may be impacted for a variety of reasons. Peak will make good faith efforts to limit outages and notify you if there is an ongoing unscheduled lack of availability. Peak is not liable for a loss of connectivity.

Consent To Use Electronic Signatures and Communications

ELECTRONIC SIGNATURE 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 these Terms 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 these Terms 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.

KEEPING CONTACT INFORMATION CURRENT

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 Peak App.

COMMUNICATIONS

You should print and save and/or electronically store a copy of all account-related Communications that we send to you electronically. In order to use the Services, you must provide and verify your mobile device number or other text message address to us. You must provide a valid email address to us for us to provide notices via email about the Services. To verify your mobile device number text message address or email address, we may send you a code via text message to the mobile device number, text message address or email address you provide, and you must enter that code as instructed by us. Moreover, if you provide your email address to us, we may send you important notices via email about the Services. If you change your mobile device number or email address, you must promptly provide and verify your new mobile device number or email address. Use of the Services requires that you confirm your authorization to being contacted by text or by email so that we can send you important notices about the Services.

YOUR RIGHT TO WITHDRAW 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 hello@peakmoney.com. If you withdraw your consent to receive Communications electronically, we will close your Peak Account and Peak will return the balance in your Peak Account to Your Bank Account as set forth in these Terms, and you will no longer be able to use your Peak Account or Peak Account or the Services, except as expressly provided in these Terms. 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 withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

TELEPHONE CONSUMER PROTECTION ACT CONSENT AND EMAIL MESSAGES

You agree that Peak may send text messages or call the phone number listed on your Peak account which could result in charges to you and that you will be solely financially responsible. Moreover, you agree that Peak can send email messages to you at any email address you provide, and may use other electronic means of communication to the extent permitted by law.

Your consent may be revoked at any time by contacting Peak at hello@peakmoney.com; however, you acknowledge that revoking your consent could result in your Peak Account being closed and funds in your Peak Account being returned to you.

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 computer or other mobile device (such as tablet or smartphone) that operates on a platform like Windows or iOS;

(3) a connection to the Internet;

(4) a current version of Safari, Chrome, Internet Explorer, or Firefox Browsers;

(5) a current version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader;

(6) a computer or device and an operating system capable of supporting all of the above; and

(7) 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 TO COMMUNICATIONS

We reserve the right, in our sole discretion, to communicate with you in paper form and/or to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website and the Peak App or delivering notice of such termination or change electronically.

Your Authorization For ACH Debits and Credits

By agreeing to these Terms, you authorize Peak to electronically debit or credit Your Bank Account via ACH and debit or credit your Peak Account via ACH as follows:

Deposit Limit: $1,000 per Business Day
Withdrawal Limit: $5,000 per Business Day

Debits and credits transactions submitted may not necessarily occur on the same Business Day based on the overall volume of transactions and time of day.

You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Peak that you wish to revoke this authorization by deactivating your account.

FEES

The Peak App is free to use.

CHANGES TO FEES

We may change the amount, frequency, and debit date of the Fee at our discretion. We will notify you in advance of any change to the Monthly Fee by sending you an email, by posting a notice on the Website and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Monthly Fee takes effect, you agree to pay the Monthly Fee, as modified.

CANCELLING A SCHEDULED TRANSACTION

To ensure a scheduled ACH transactions is cancelled, you must cancel the transaction three (3) Business Days to cancel this authorization. If an email request is provided within two (2) Business Days, Peak will attempt to cancel the debit transaction. Peak does not assume any responsibility for failure to cancel a scheduled transaction.

WITHDRAWAL OF ACH AUTHORIZATION

Withdrawal of your authorization contained in this Section shall be authorization for us to close your Peak Account and return the balance of funds to Your Bank Account as set forth in these Terms, and you will no longer be able to use your Peak Account. The withdrawal of your authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.

ACCESSIBILITY REQUIREMENTS

In addition to any of your other representations and warranties in these Terms, you represent that:

(a) your device is equipped with at least 128-bit security encryption;

(b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and

Use Of Services

The purpose of the Services is to try to help you save money with minimal effort. Peak reserves the right to use feedback from you in developing product features. You authorize Peak to transfer funds from Your Bank Account to your Peak Account via ACH based on the amounts you choose to save on a one-time and/or recurring basis, and based upon your ACH authorization provided above. Only funds from Your Bank Account may be transferred to your Peak Account.

Your funds will remain in your Peak Account until you instruct us to transfer any or all of your funds using the Peak App. Peak will transfer the requested funds from your Peak Account to Your Bank Account, which generally takes two Business Days from the time a request to withdraw funds is received.

Transferred funds from your bank are made available to withdraw after three (3) Business Days. Only the amount of available funds in your Peak Account are available to transfer from your Peak Account to Your Bank Account. If you do not have sufficient available funds in your Peak Account to cover the amount of the requested transfer, your request will be declined and you will be able to adjust the amount.

Funds from your Peak Account to Your Bank Account will be moved without additional notice to you upon the closure of your Peak Account as described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.

You may not use the funds in your Peak Account to make purchases, withdraw cash, transfer funds to third parties, or for any other purpose. You are solely responsible for determining whether the funds debited from Your Bank Account and the funds maintained in your Peak Account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in Your Bank Account.

Peak is not a depository institution, money transmitter or financial advisor. The Services are not intended to provide financial advice. You are responsible for ensuring Your Bank Account has sufficient funds for your needs, purposes, or transactions and Peak makes no representations, warranties, or guarantees that your Peak Account will grow to a specific amount or that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.

CHECKING YOUR BALANCE

You may obtain information about the balance of funds in your Peak Account at any time by logging into your Peak Account on the Peak App.

INTEREST ON FUNDS

By agreeing to these Terms you will transfer and assign Peak any and all rights to any interest that may accrue on funds held by Peak. The interest may be distributed in different ways, for example, rewarding achievements, a quarterly reward, or monthly fee reimbursement, at the sole discretion of Peak. This applies only to any interest earned on your funds, and nothing in these Terms grants Peak rights to your principal funds.

LOSS OF DEVICE OR COMPROMISED PASSWORD

If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact us immediately; or if your mobile device is lost or stolen; or if you suspect someone has gained unauthorized access to your username or password; contact us immediately at hello@peakmoney.com.

In order to take any action, you will need to provide personal information for us to verify your identity. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you.

Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with Your Bank Account or your Peak Account.

SENSITIVE INFORMATION

Because email communications are not always secure, please do not include personal information (eg. Your Bank Account number) or other sensitive data in email.

USE OF SERVICES RESTRICTIONS

You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Services must comply with all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.

You agree not to authorize any other person or entity to use your user name and password or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information.

Without limiting the foregoing, you agree not to (and not to allow any third party to):

(a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Content, except as expressly authorized by us;

(b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure;

(c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services;

(d) rent, lease, copy, provide access to, or sublicense any portion of the Services or Content to a third party;

(e) use any portion of the Services or Content to provide, or incorporate any portion of the Services or Content into, any product or service provided to a third party;

(f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services or Content;

(g) modify the Services or Content or create any derivative product from any of the foregoing;

(h) remove or obscure any proprietary or other notices contained in the Services or Content;

(i) use the Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion;

(j) jeopardize the security of your Peak Account or any other person’s Peak Account (such as allowing someone else to use your username and password to access the Services);

(k) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Services;

(l) violate the security of any computer network or crack any passwords or security encryption codes; or

(m) run Maillist, Listserv, any form of auto- responder or “spam,” or any processes that run or are activated while you are not logged in to access the Services. We may, but are not obligated to, monitor your use of the Services and Content.

The Services and the features, information, materials, and content provided and depicted through the Services (collectively, “Content”) are provided solely for your personal use for the purposes described therein and in these Terms. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or Content.

INTELLECTUAL PROPERTY

You agree there is no grant of any licenses, express or implied, to any intellectual property or the intellectual property of our licensors, unless expressly stated in these Terms. We and our third-party licensors retain all right, title, and interest in and to the Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.

The Services and Content are protected by copyright, trademark, patent, and other intellectual property laws. All rights and remedies under applicable law. Except as expressly provided by these Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit any Content in any form by any means.

RIGHT TO DEACTIVATE ACCOUNT

To the extent permitted by applicable law, we may, in our sole discretion and without liability to you, terminate (or suspend access to) your use of the Services, Content, your Peak Account including your access to your Peak Account for any reason, including, but not limited to, your breach of these Terms.

THIRD-PARTY WEBSITES

The Services may contain links or connections to third-party websites or services that are not owned or operated by us or our third-party service providers or licensors. We provide such links and connections for your reference only. We do not control such third-party websites or services and are not responsible for their availability or content. Our inclusion of such links and connections does not imply our endorsement of such third-party websites or services or any association with their owners or operators.

We assume no liability whatsoever for any such third-party websites or services or any content, features, products, or practices of such third-party websites or services. Your access and use of such third-party websites and services is subject to applicable third- party terms and conditions and privacy policies. We encourage you to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

CLOSING YOUR ACCOUNT

You may stop using the Services at any time, close your Peak Account, and cancel these Terms at any time by Deactivating your account in the Peak App. If there are any pending transactions when we receive your deactivation notice, we will close your Peak Account promptly after such transactions are completed. Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.

Upon the deactivation of your Peak Account, any funds in your Peak Account will be transferred to Your Bank Account. If Your Bank Account is closed or we are otherwise unable to transfer the funds in your Peak Account to Your Bank Account, we will attempt to contact you to resolve distribution of the remaining funds, which may include, but is not limited to, mailing a check to a verifiable US mailing address.

If you do not use the Services for a certain period of time, applicable law may require Peak to report the funds in your Peak Account as unclaimed property, which will then be accessible to you by contacting the applicable state. The specified period of time to report and deliver funds to a state varies by state, but usually ranges between two and five years.

PRIVACY

You understand that by using the Services, you consent to the collection, use, storage, and disclosure of your information as set forth in these Terms and our Privacy Policy.

WARRANTY DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT PEAK, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICES, OR CONTENT; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT TRANSFERRED FROM YOUR BANK ACCOUNT TO YOUR PEAK ACCOUNT VIA THE SERVICES; OR (D) ANY EVENT BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNITY

At our request, you agree to defend, indemnify, and hold harmless Peak, our affiliates, and our respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

ASSIGNMENT

You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your Peak Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.

THIRD-PARTY BENEFICIARY

You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.

GOVERNING LAW

These Terms are made under and will be governed by and construed in accordance with the laws of the State of Tennessee, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Miscellaneous

In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website or the Peak App, including, but not limited to, terms and conditions for our referral or rewards programs (the “Additional Terms”), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms will control.

The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, “User Content”). Any User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.”

If you submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. We take no responsibility and assume no liability for any User Content submitted by you or any other user or third party.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves. The failure of either you or us to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect and enforceable.

Changes to Terms of Use

These Terms may be amended or terminated at any time, at our sole discretion, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Website and in the Peak App or delivering notice thereof to you electronically via email. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.

Contact Information for Peak

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at hello@peakmoney.com or Peak Financial, PO Box 5698, Chattanooga, TN 37406.