ONWARD FINANCIAL TERMS OF SERVICE
Last Updated: October 11, 2019
These Terms of Service (“Terms”) apply to your access to and use of the www.getonward.org website (“Onward Site”), mobile applications and other online products and services (collectively, our “Services”) provided by Onward Financial, Inc. (“Onward,” “our” or “we”). Please review these Terms before using the Onward site or accessing any data on the Onward platform. By accessing or using our website or our Services, you (“you” or “User”) signify that you have read, understand and agree to be bound by these Terms, including but not limited to the mandatory arbitration provision and class action waiver in Section 17 below, regardless of whether you are registered or enrolled in any of our Services. By agreeing to these Terms and accessing our Services, you also acknowledge and agree to the terms of our third-party business partners and service providers, as identified in these Terms. If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org. All inquiries will be processed within 24 hours of receipt.
You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
- DESCRIPTION OF THE SERVICES
Onward provides a platform that helps users with saving money and learning more about managing their personal finances. Onward’s Services are currently only available to employees of Onward’s employer participants, as noted in the Service Agreement between Onward and your employer.
Onward uses Synapse, our third-party bank software provider and agent of its bank partners, Member FDIC, to open these accounts. Onward offers you as an employee of one of Onward’s employer participants the opportunity to have a portion of your wages directly deposited into an online high yield savings account (“Savings Account”). Additional terms and disclosures, including information about interest rates and fees associated with the Savings Account, are provided in Synapse’s Deposit Agreement. Prior to opening a Savings Account through Onward’s platform, you must agree to Synapse’s Deposit Agreement. Onward serves solely as an intermediary with regard to your Savings Account transactions, and will not be responsible for your Savings Account at Synapse’s bank partners, Member FDIC or any funds allocated from your wages to the Savings Account. The bank services are provided by Synapse’s bank partners, Member FDIC.
In the future, Onward may offer, through its partnership with Synapse’s bank partners, Member FDIC and with the support of employer participants, access to loans tied to your Savings Account. Such loans will aim to serve as alternatives to higher interest rate short-term loans currently available in the market. These Terms will be updated to reflect the addition of such loan-related services if and when they are made available.
Onward also may make available on its website general information related to money management, personal finance, and tips for saving, budgeting, and other personal financial matters (“financial education”). Any financial education information provided on the Onward website is made available purely for educational purposes. Onward is not a financial institution, nor a financial advisor, investment advisor, or provider of financial services. Onward is not responsible for advising you on financial matters or investment opportunities, including alternatives to the Savings Account offered by Synapse’s bank partners, Member FDIC or any other financial institution on Onward’s platform.
These terms do not apply to the Savings Account that you have with Synapse’s bank partners, Member FDIC or any other Onward partner depository institutions, which will be governed by the Synapse Deposit Agreement between you and Synapse’s bank partners, Member FDIC and any other separate agreements between you and Synapse’s bank partners, Member FDIC.
Onward Fees. Employer participants will pay a fee to Onward for making the Services available to their employees, including you. Onward currently does not charge fees to Users of the Services, like you, but at its sole discretion reserves the right to charge User fees in the future. If Onward decides to charge User fees, these Terms will be updated to reflect such fees.
Service Partner Fees. Onward’s service providers and business partners, including partner banks, may charge you fees in connection with your use of their services. For example, the Savings Account offered by Synapse’s bank partners, Member FDIC may include monthly fees for maintaining the Savings Account. Any such partners fees will be disclosed in separate agreements between you and the relevant third-party service providers.
- USER ACCOUNTS AND ACCOUNT SECURITY
To access Onward’s Services on the Onward Site, you must create an account. All information provided by you must be accurate and complete, and you are required to maintain and update your information to keep it accurate and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to the Onward Services and Site, and that you are solely responsible for the accuracy and completeness of all information that you submit. You also are responsible for the security of your Onward account and you must promptly notify us if you discover or suspect that someone has accessed your Onward account without your permission.
- MOBILE AND ELECTRONIC COMMUNICATIONS
By creating an Onward account, you also consent to receive electronic communications from Onward (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
If you request to receive updates or other information by mobile phone or text message (the “SMS Service“), you consent to receiving periodic text messages from us and our otherwise communicating with you via your mobile device. We do not charge for the SMS Service, but your carrier’s standard message and data rates may apply. By requesting or otherwise using the SMS Service, you acknowledge and agree that we will have the right to change and/or terminate the SMS Service at any time, with or without cause and/or advance notice.
By using our Services, you agree not to:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another Onward user’s account without authorization from that user and Onward;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Bypass or ignore instructions contained in our robots.txt file, accessible at [insert URL], that controls automated access to portions of our Services; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.
A. Definitions: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.
B. Your Liability: Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.
- ELECTRONIC PAYROLL DEDUCTION AUTHORIZATION
You understand, acknowledge and agree that in order to use the Services to deposit funds into your Savings Account, you must complete an Electronic Funds Transfer Authorization Form provided by your employer to authorize your employer to automatically deposit a set amount, as determined by you, from each of your paychecks directly into the Savings Account with Synapse’s bank partners, Member FDIC. You represent that you will provide the written electronic authorization, and you recognize that your failure to do so may result in your employer not being able to allocate a portion of your wages into your Savings Account. You agree that you and your employer are solely responsible for securing any other written authorization required by applicable law.
- ERRORS OR OTHER ISSUES REGARDING ELECTRONIC FUND TRANSFER AUTHORIZATIONS AND PAYROLL WITHHOLDINGS
It is your responsibility to review all bank statements related to your Savings Account. In the case of errors or questions about transactions involving your Savings Account, or if you discover any unauthorized withdrawals or transfers from your Savings Account, you are responsible for notifying Synapse’s bank partners, Member FDIC immediately. Please review the related agreements for the Savings Account, including the Synapse Deposit Agreement, for additional important information regarding reporting suspected errors or unauthorized transactions. You agree that we shall not be liable for any claim arising out of an unauthorized electronic fund transfer.
- LIMITED LICENSE; COPYRIGHT and TRADEMARK
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Onward Content”) are owned by or licensed to Onward and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Onward and our licensors reserve all rights in and to our Services and the Onward Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and the Onward Content solely for your own personal use. Unless expressly permitted, you agree not to: (a) sell, resell or commercially use our Services or any Onward Content; (b) copy, reproduce, distribute, publicly perform or publicly display Onward Content, except as expressly permitted by us or our licensors; (c) modify the Onward Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or any Onward Content; (d) use any data mining, data scraping, spiders, robots or similar data gathering or extraction methods; or (e) use our Services or any Onward Content other than for their intended purposes. Any use of our Services or the Onward Content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted above.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Onward or any of the Services (collectively, “Feedback”), is non-confidential and will be the sole property of Onward. We will own exclusive rights, including, without limitation, all intellectual property and other proprietary rights, in and to all Feedback, and we will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby assign to Onward all of your rights, title and interest in and to all Feedback.
- DISCLAIMER OF WARRANTIES
You acknowledge that Onward is solely an intermediary (i) between you and Synapse’s bank partners, Member FDIC or any other Onward partner bank; (ii) between you and our business partners whose offers we present; and (iii) between you and your employer. We do not control, endorse or take responsibility for any third-party content or services available on or linked to by our Services or the Onward Site or platform. Nor do we make any representations about or take any responsibility for the educational financial materials, suggestions, or general advice provided by third parties through the Onward platform or our Services. Furthermore, we are not responsible for any amount of funds withheld from your paycheck and/or allocated to any depository institution pursuant to the agreement with your employer, as referenced in Section 9.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Onward does not represent or warrant that our Services are accurate, complete, reliable, current or error-free, THAT THE ONWARD SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ONWARD SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONWARD SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
While Onward attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
- NOT A LEGAL OR FINANCIAL ADVISOR
Onward is not a credit repair organization, credit counselor, or financial or legal advisor as defined under federal or state law or regulations. Use of our Services is not a replacement for personal, professional advice or assistance regarding your individual financial situation.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Onward and our officers, directors, agents, partners and employees (individually and collectively, the “Onward Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Onward platform or Services; or (b) your actual or alleged violation of these Terms by you. You agree to promptly notify Onward Parties of any third-party Claims, cooperate with Onward Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Onward Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Onward or the other Onward Parties.
- LIMITATION OF LIABILITY
NEITHER Onward NOR ANY OF the other Onward Parties will be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Onward or ANY OF the other Onward Parties have been advised of the possibility of such damages.
The total liability of Onward and the other Onward Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Onward or the other Onward Parties or for any other matters FOR which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Onward and the other Onward Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You waive any rights you may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release. You expressly waive and release any and all provisions, rights or benefits conferred by § 1542 of the California Civil Code or by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code.
- TRANSFER AND PROCESSING OF DATA
- CUSTOMER SUPPORT
Onward’s Customer Support team can be reached by email at email@example.com or by phone at 888-435-6007. Support is available Monday through Friday from 8 AM to 5 PM Central Time, except for public holidays.
- DISPUTE RESOLUTION, BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Onward and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Onward seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Onward seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Onward waive all rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Washington, D.C., in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website (currently located at https://www.jamsadr.com/rules-streamlined-arbitration) and incorporated into these Terms by this reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Onward agree that any dispute arising out of or related to these Terms or our Services is personal to you and Onward and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Onward agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and Onward agree that for any arbitration you initiate, you will pay the filing fee and Onward will pay the remaining JAMS fees and costs. For any arbitration initiated by Onward, Onward will pay all JAMS fees and costs. You and Onward agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Onward will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 18 by emailing us at: firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
- GOVERNING LAW AND VENUE
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of the state of Delaware, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the local or federal courts of the District of Columbia and the United States, respectively, sitting in Washington, D.C.
- CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended terms to our Services and update the “Last Updated” date above. We may at our sole discretion also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended terms will be effective immediately, and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended terms, you must stop accessing and using our Services.
If you violate these Terms, or otherwise violate an agreement between you and us, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services. Upon termination of our Services, we will instruct your employer of your removal from the Services, and no further amounts will be withheld from your paychecks to be deposited into the savings account at the Onward partner bank. [In the event that your Onward account is terminated, your savings account with Synapse’s bank partners, Member FDIC, or any other Onward partner bank will be closed.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- NOTICE REGARDING APPLE
Onward’s Services will be made available on Apple and Android operating systems, as well as through general web access. The following additional terms are related to the Apple operating system.
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the Onward mobile application (the “App“) for use on the iPhone, iPod Touch or iPad:
You and Onward acknowledge that the terms are solely between you and Onward, and not with Apple, Inc. (“Apple”), and that Onward, not Apple, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store (“App Store”). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service (“Apple Usage Rules”) as of the date you download the App. In the event of any conflict between the terms and conditions of the Apple Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Apple Usage Rules will govern if they are more restrictive.
A. Scope of License
The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Apple Usage Rules.
B. Maintenance and Support
Onward is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Onward. However, you understand and agree that, in accordance with these Terms, Onward has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.
D. Product Claims
You and Onward acknowledge and agree that as between Apple and Onward, Onward, not Apple, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to, (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
E. Intellectual Property Rights
You and Onward acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Onward, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
F. Legal Compliance
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
G. Developer Name and Address
Any end-user questions, complaints or claims with respect to the App should be directed to:
Onward Financial, Inc.
3400 Prospect Street, N.W.
Washington, D.C. 20007
H. Third Party Beneficiary
The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third party beneficiary thereof.
- ADDITIONAL TERMS RELATED TO ONWARD’S SOFTWARE SERVICE PROVIDER
To report a complaint relating to Synapse’s bank partners, Member FDIC services or SynapseFI’s software, email email@example.com.
These Terms constitute the entire agreement between you and Onward relating to your access to and use of our Services. The failure of Onward to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. Those sections of these Terms that by their nature must survive termination, will survive any termination of these Terms.