The following terms of service are terms of a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and StellarFinance, Inc., its subsidiaries, affiliates, agents and assigns (“StellarFi”, “we”, “us”, or “our”) which sets forth the terms and conditions (“Terms”) for your use of StellarFi’s Application (“StellarFi App”) and StellarFi’s website, StellarFi.com, as well as the products and services offered, operated or made available by StellarFi through the StellarFi App (collectively, the “Services”). The StellarFi App, website and Services are owned and operated by StellarFi, and are being provided to you expressly subject to this Agreement.
By accessing, browsing and/or using the StellarFi App, StellarFi.com or the Services, you acknowledge that you have read, understood, and agree to be bound by the Terms of this Agreement and to comply with all applicable laws and regulations. The Terms of this Agreement, as further described in Section 1 below, form an essential basis of the bargain between you and StellarFi, and this Agreement governs your use of the StellarFi App, StellarFi.com and the Services.
THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 25 BELOW FOR MORE INFORMATION.
1. ACCEPTANCE OF AGREEMENT
Please carefully review this Agreement before using the StellarFi App, StellarFi.com or the Services, or accessing any data thereon. If you do not agree to these Terms, you may not access or use the StellarFi App, StellarFi.com or the Services.
To use StellarFi App, StellarFi.com or the Services and to accept the Agreement, you must be (i) a legal resident of the United States;(ii) of legal age to form a binding contract with StellarFi; and (iii) not prohibited by law from using the StellarFi App, our website at StellarFi.com or the Services.
2. MODIFICATION OF THIS AGREEMENT
StellarFi reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on its website, StellarFi.com. You should check this Agreement on StellarFi.com periodically for changes. All changes shall be effective upon posting. We will date the Terms with the last day of revision. Your continued use of the StellarFi App, StellarFi.com or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. StellarFi may terminate, suspend, change, or restrict access to all or any part of the StellarFi App, StellarFi.com or the Services without notice or liability.
4. MINIMUM TECHNOLOGY REQUIREMENTS TO ACCESS SERVICES
To access and use the StellarFi App and Services, you must have a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox) or mobile device with access to the Internet running either Apple iOS 10.3 or higher, or Android 4.1 or higher. You must also have a valid email address and sufficient storage space to install any required StellarFi Application. StellarFi’s Apps are available on the Apple App Store (for Apple devices) and Google Play Store (for Android devices) and a Progressive Web Application is available on StellarFi’s website.
5. USER INFORMATION ACCURACY AND UPDATES
To access StellarFi’s Services, you must create a StellarFi App user account with StellarFi. This process will include creation of a Login ID and password to access the StellarFi App and the Services. When you sign up for a user account, you agree to provide accurate, current and complete information—such as your name, mailing address, and email address –as may be prompted by any registration forms available through the StellarFi App, in connection with the Services or as otherwise requested by StellarFi for such information (“User Information”). You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the StellarFi App and Services.
In order to use certain Services, StellarFi may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the StellarFi App and/or Services.
Should any of your User Information change, you agree that you will update this information as soon as possible. To update your User Information, you may go to the Profile section of the StellarFi App, click on “Settings,” and update your User Information accordingly.
Should you believe or have reason to believe that any of your User Information, including your Login ID and/or password, has been compromised, or that another person is accessing your user account through some other means, you agree to notify us as soon as possible at support@StellarFi.com.
6. OVERVIEW OF SERVICES
StellarFi offers a variety of services and features collectively referred to in this Agreement as the “Services.“ These Services include:
- Personal Finance Services – A suite of services and features you can subscribe to that can assist you in managing and paying your bills, avoiding overdrafts, managing personal goals, finding credit offers and more. See Section 8 for terms and details.
- Bill Advance Service – Free, non-recourse advances of funds to help you cover bills that may cause an overdraft in your bank account to help you avoid overdraft fees and to build credit. See Section 9 for terms and details.
7. THIRD PARTY BANKING ACCOUNT INFORMATION
To use the Services, you may direct StellarFi to retrieve your account transaction history, balance information, and/or other information maintained by third parties with which you have relationships, maintain accounts or engage in financial transactions (“Third Party Account Information”). StellarFi works with one or more third party service providers to access this Third Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other StellarFi products and services that may be of interest to you. By using the Services, you authorize StellarFi to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping any passwords and usernames you provide to us so we can retrieve this Third Party Account Information secure, and for keeping those passwords and usernames up to date in the StellarFi App. StellarFi does not review the Third Party Account Information for accuracy, legality or non-infringement, and StellarFi is not responsible for your Third Party Account Information or products and services offered by or on third party sites.
You acknowledge that any Third Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
8. STELLARFI’S PERSONAL FINANCIAL SERVICES
8.1 Overview of the Personal Financial Services
If you subscribe to the Personal Financial Services, you will have access to “Bill Pay”, “Goals,” “Credit Tools” and your external bank accounts.
With Bill Pay, we pay, track, and manage your linked bills. Additionally, Bill Pay will monitor your linked bank account held at a depository institution (a “Linked Account”) and attempt to inform you there are insufficient funds in your Linked Account to help you avoid overdrafts, returned transactions and bank fees. Overdraft policies and procedures vary between financial institutions and bank accounts; please contact your bank for clarification.
Goals is a service that helps you establish and manage financial goals. This feature includes goal creation, credit score tracker, credit goal setting plan, and goal specific credit offers.
Credit tools is a service that allows you to access and view your credit score, credit report, get notified of credit changes by the credit alerts, view projected scores based on paid bills, simulate new scores based on projected credit changes, analyze your debt to income ratio, and track your score over time.
8.2 Membership Fee
StellarFi charges $4.99, $9.99, and $19.99 monthly membership fees based on your selected plan (“Membership”) to maintain a connection to your external bank account through third party services, to access our account monitoring and notification services, and the Personal Financial Services. StellarFi deducts the Membership from your Linked Account or a linked debit card. The fee will be charged regardless of the status of your connection. If you are experiencing connectivity issues, please try to update your connected bank’s log-in credentials. If the Membership charge fails, by agreeing to these Terms, you authorize StellarFi to process any failed or missed Membership charges together with the following month's Membership. Should all attempts fail, StellarFi reserves the right to charge the fee from another one of your connected checking accounts or debit card. You will be billed for your first Membership on a monthly basis. You may either pause your membership through the StellarFi App or notify us by email at support@StellarFi.com if you do not want to renew your membership.
9. BILL ADVANCE SERVICE
9.1 Overview of the Bill Advance Service
StellarFi also offers bill payment advances based on your available balance (each, an “Advance”) as part of its “Bill Advance” with the principal aim of improving your credit score. StellarFi does not hold your funds but rather the funds used for bill payment are taken from you after StellarFi has advanced the funds to pay your bills. StellarFi uses its own funds – via a virtual corporate prepaid card or automated clearinghouse (“ACH”) -- to pay your bills upfront. To reimburse StellarFi for the funds it has extended to pay the bills, you agree to authorize the monthly deduction of the bill payment(s) from your Linked Account or debit card. Before making these withdrawals, StellarFi checks your Linked Account balance. Should we receive information showing that you have insufficient funds for the bill repayment or for the payment of the membership fee, StellarFi does not proceed with the withdrawal, thereby decreasing the possibility of creating an overdraft. Please note that some financial institutions will not alert outside billers regarding insufficient funds, and may process all incoming payments regardless. Please contact your bank to clarify their overdraft policies.
To be eligible for a Bill Advance, at the time of your request you must fulfill the following primary eligibility criteria:
- maintain an active StellarFi Account
- maintain a Linked Account, or have a valid debit card on file
- be a member in good standing
- not be authorized by any other person with ownership rights to your Linked Account to request and repay your Bill Advance
You authorize us to use your Account Information and additional information from third parties to determine whether you meet these eligibility criteria.
Repayment. You authorize us to debit your Linked Account or charge your debit card on the day of the authorized bill payment in the full amount of the Bill Advance. Our failure to debit your Linked Account or charge your debit card when repayment is due does not waive or extinguish our right to initiate repayment at a later date. If you do not have sufficient funds in your Linked Account when we initiate repayment, you will be responsible for any overdraft fees, insufficient funds fees, late fees, or any other charges you incur that result from StellarFi debiting your Linked Account or charging your debit card in connection with a Bill Advance. If we determine from your Account Information that your Linked Account is unlikely to contain sufficient funds to repay us, we may choose in our sole discretion to wait to initiate repayment until your next direct deposit date.
Risk Warning for Failure to Make Repayments. If we are unable to debit your Linked Account or charge your debit card for the full repayment amount, you will not be eligible for Bill Advances. However, we will have no legal or contractual claim or other remedy or recourse against you if you do not repay a Bill Advance; and we will not engage in any debt collection activities, nor sell your obligation to repay us to a third party debt collector. StellarFi, however, does not waive any rights regarding fraudulent activity, and StellarFi will pursue instances of fraud.
Although StellarFi is helping users avoid overdraft fees, StellarFi is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your Linked Account. StellarFi monitors your balance and will attempt to ensure you have sufficient funds before debiting your account, but StellarFi makes no warranties that an overdraft will not occur, as the overdraft procedures and policies affecting your bank account may vary.
If you are unable to repay us but would like to become eligible for Bill Payment Advances again, please contact us via the “Contact Support” link in the chat section of the App or email us at support@StellarFi.com. You will be required to pay us in full for the Bill Payment Advance by authorizing us to debit your Linked Account or to charge your debit card.
If you deactivate your StellarFi Account before you have repaid your Bill Payment Advance, you hereby grant us permission to debit your checking account for the amount of the advance on or after the repayment date.
9.2 W-9 Certification
I certify, under penalty of perjury that: The Taxpayer Identification Number or Social Security Number I provided is correct; I am not subject to backup withholding because: (a) I am exempt from backup withholding; (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends; or (c) the IRS has notified me that I am no longer subject to backup withholding; and I am a U.S. citizen or other U.S. person.
Membership Fees are non-refundable.
11. MEMBERSHIP CREDIT AND DEBIT AUTHORIZATION
If you enroll in the Personal Financial Services, you authorize StellarFi to electronically debit your Payment Method for the Membership Fee once each month. As applicable, you also authorize StellarFi to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for the Membership Fee that would vary in amount from a previous Membership Fee, but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than the agreed on membership fee. (Our policy is that no single debit will exceed your membership fee, so we expect not to provide you with advance notice of each ongoing debit from your Payment Method.)
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for ACH and debit card transactions as provided herein and will remain in full force and effect until you notify StellarFi that you wish to revoke this authorization by emailing support@StellarFi.com. You must notify StellarFi at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your StellarFi App user account. Failure to provide correct and complete information may make it impossible for StellarFi to stop withdrawal of the preauthorized transaction.
You agree to indemnify and hold StellarFi harmless from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify StellarFi of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, StellarFi will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so.
You warrant and represent to StellarFi that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. If you have a joint Linked Account, you represent and warrant that you have the authority to (i) bind the absent account holder; and (ii) enter into this Agreement independently. You agree to indemnify and hold StellarFi harmless from any claims by any other owner of the Linked Account.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
See Section 26 below for more information about your rights associated with electronic funds transfers.
12. STELLARFI REWARDS PROGRAM
12.1 Overview of the Rewards Program
StellarFi offers a rewards program (the “Rewards Program”) to enable eligible users to receive credits toward Bills and Membership Fees (“Rewards”). StellarFi offers you the opportunity to earn rewards by referring friends to try our membership (The "Paid Service"). Your participation in the StellarFi Referral Program ("StellarFi Referral Program" or "Program") can earn you credits to use in conjunction with StellarFi Services and may also get you additional rewards. We reserve the right to terminate the Program at any time for any reason. The Program is administered by StellarFi, which may outsource certain elements of administration to third parties (collectively "Administrator").
These Terms apply to a user's participation in the Program. By participating in the Program, users agree to use the Program as outlined herein, and consistent with any other terms we may apply to the Program. If you do not agree to these Terms in their entirety, then you cannot register and participate in the Program. Users also cannot where in so doing, they would violate any applicable law or regulations.
To participate, once you have created your StellarFi account, visit www.StellarFi.com and log into your account, then follow the on-screen instructions to start referring. You will be provided a link which you can share with your friends and colleagues as much as you want. A completed referral fulfills the following steps: The user must sign up via your personal referral link, then they must complete the full registration and identity verification process. If the referred user completes these steps, each of you will receive a credit ("Credit") worth $5.00 USD, to use for designated StellarFi products and services. Credits may only be used for designated StellarFi products and services and may never be redeemed for cash.
Rewards and Credits will generally be reflected in the account within 30 days after making a Qualified Transaction at participating merchants, though they may be subject to delays. A "Qualified Purchase" is a transaction made at an approved biller or merchant using your Bill Pay service in accordance with the terms of the Offer and this Agreement. An "Offer" is the amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated with the offer.
12.2 General Eligibility
Companies and employees of StellarFi Entities or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
12.3 Statement and Membership Credits
Credits will be reflected within the application. Subject to eligibility verification and settlement of the Qualifying Transaction, statement Rewards will typically appear in the App within approximately one (1) day of the Qualifying Transaction but may be subject to delays.
Rewards cannot be processed if your account is not in good standing. StellarFi or its affiliates have no responsibility or liability for the failure of a Reward to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the Reward.
In no event shall StellarFi be considered as maintaining any type of financial obligation or deposit or other asset account or holding funds or other value for you for distribution to you. Any pending Rewards and any associated dollar values represent offer fulfillment amounts in process owed by the applicable merchant, and not your funds or balances maintained or held by the payment card network or StellarFi.
12.4 Opting Out
You may opt-out of the StellarFi Rewards Program at any time. To do so, you must follow the steps below:
- Go to the Account section inside the StellarFi App
- Scroll to StellarFi membership section
- Update your email address, mailing address and other account-related information.
- Obtain live support and customer service through the StellarFi App’s chat function or email firstname.lastname@example.org and inform them that you would like to opt-out of receiving credits and rewards.
13. STELLARFI BILL PRESENTMENT SERVICES (BILL PAY)
13.2 Payment Account Authorization
StellarFi will remit payments that you direct through the Services electronically by providing the information about the bank account or debit card that you designate (the “Payment Account”) to process your payment. By initiating a bill payment through the Services, you authorize the StellarFi to provide instructions to the Biller to initiate and complete the payment on your behalf. The amount debited from the account will be the lesser of my outstanding advance balance and the payment listed on the individual bill pay confirmation screen. The payment will be debited each month on the due date determined by the individual biller; however, if the due date occurs on a weekend or holiday, the account may be debited the next business day. You understand that you must pay all outstanding amounts even if not debited by StellarFi. You are solely responsible for complying with any terms and/or conditions set by your bank or credit union with respect to your Payment Account, including any fee terms, such as non-sufficient fund or overdraft fee terms.
You agree to maintain a balance or available credit limit in the specified Payment Account that is sufficient to fund all payments that you initiate through the StellarFi App. You certify that your Payment Account is in your name and that you are authorized to use it. You represent and warrant that you have the right to authorize Billers and their payment processors to charge StellarFi for payments that you initiate using the Services. You will indemnify and hold StellarFi harmless from any claims by any other owner of the account or any Biller and its payment processor resulting from your lack of authority, funds or credit.
By accepting these Terms, you consent to StellarFi’s disclosure of your personal information (including your Payment Account information) to your Billers or other third parties for the following purposes:
- As necessary to allow your Billers to collect payments from you;
- As necessary to resolve a problem related to a payment;
- To verify the validity of your bank account;
- To verify the validity of your credit or debit card;
- To comply with government agency or court orders;
- To our affiliates, as permitted by law;
- To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
- To comply with inquiries in connection with fraud prevention or any investigation;
- For our general internal business purposes, including without limitation data analysis and audits; or
You are responsible for confirming the accuracy of the information you provide about each payment you authorize and the amount of the transaction. Failure to provide accurate and complete information may prohibit the use of the Services or result in errors in your requested payments to Billers. You authorize the StellarFi app to send communications to the Biller on your behalf in connection with the Services.
It is your (or your Biller’s) responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. StellarFi is not responsible for determining whether taxes apply to your payment transaction or for collecting, reporting, withholding or remitting any taxes arising from any payment transaction.
StellarFi reserves the right, at our complete discretion, to charge service fees under a membership model and/or on a per transaction basis. In some instances, third party websites and applications that offer the Services may also charge service fees. The imposition of any per-transaction fees by StellarFi will be disclosed to you prior to any payment and will be clearly noted to you.
14. CONSENT TO ELECTRONIC COMMUNICATIONS AND DOING BUSINESS ELECTRONICALLY
14.1 Communications to Be Provided in Electronic Form
By choosing to use the StellarFi App or the Services, you will receive from time-to-time disclosures, notices, documents, and any other communications about our Services, the StellarFi App, or StellarFi website from StellarFi (“Communications”). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion. E-Sign Disclosure and Consent Policy.
14.2 Communications in Writing
By accepting to this Agreement, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
14.3 Minimum Requirements
You understand that, in order to view and/or retain copies of the electronic Communications, you will need either:
- A computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); or
- A mobile device that meets the requirements described in Section 4.
You will also need a valid email address, sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.
14.4 Withdrawing Consent
You may withdraw your consent to receive Communications electronically by contacting us at support@StellarFi.com. If you withdraw your consent, we reserve the right to limit or close your StellarFi Account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. You agree to pay any amount owed to StellarFi such as Membership Fees or Express Fees even if you withdraw your consent and we close or limit access to the StellarFi App and/or the Services.
14.5 Updating Records
As noted above, you can update your User Information in the StellarFi App or by emailing us at support@StellarFi.com.
15. SMS MESSAGING AND TELEPHONE CALLS
You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or StellarFi App. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. StellarFi and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, emails or other means.
Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
16. LIMITATIONS OF USE
You agree to use the StellarFi App, StellarFi.com and Services only for lawful purposes. You are prohibited from any use of the Services or StellarFi App that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the StellarFi App or Services, including but not limited to unauthorized entry into StellarFi’s systems, misuse of passwords, or misuse of any information posted on the StellarFi App, StellarFi.com or through the Services is strictly prohibited. StellarFi makes no claims concerning whether use of the StellarFi App, StellarFi.com or Services is appropriate outside of the United States. If you access the StellarFi App, StellarFi.com or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws and regulations of your specific jurisdiction.
You agree you will not (i) try to reverse engineer, disassemble, decompile, or decipher the StellarFi App, StellarFi.com or the Services or software making up the StellarFi App, StellarFi.com and Services; (ii) navigate or search the StellarFi App, StellarFi.com or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders); (iii) use a means other than StellarFi’s provided interface to access the StellarFi App, StellarFi.com or the Services; (iv) use the StellarFi App, StellarFi.com or the Services in a way that could impair, overburden, damage, or disable any portion of the StellarFi App, StellarFi.com or Services;, or (v) mirror any material contained on the StellarFi App, StellarFi.com or the Services.
StellarFi reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by law or regulations, and StellarFi also reserves the right to take action to protect StellarFi, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: (i) updating information you have provided to us so that it is accurate; (ii) limiting or completely closing your access to the StellarFi App, StellarFi.com or the Services; (iii) suspending or terminating your ability to use the StellarFi App, StellarFi.com or the Services on an ongoing basis; (iv) taking legal action against you; and/or (v) holding you liable for the amount of StellarFi’s damages caused by your violation of this Agreement.
17. INTELLECTUAL PROPERTY RIGHTS
The StellarFi App, StellarFi.com and the Services are owned and operated by StellarFi. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “StellarFi Materials”) are owned exclusively by StellarFi or the licensors or suppliers of StellarFi and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on this StellarFi.com, StellarFi App or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the StellarFi Materials displayed on the StellarFi App, StellarFi.com or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of StellarFi Materials found on the StellarFi App, StellarFi.com or the Services unless in accordance with written authorization by us. StellarFi prohibits use of any of the StellarFi Materials as part of a link to or from the StellarFi App, StellarFi.com or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any StellarFi Materials, or whether any mark or logo is a StellarFi Material, should be referred to StellarFi. All rights related to the StellarFi Materials are hereby reserved.
You agree that the StellarFi Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of StellarFi. You acknowledge that the StellarFi Materials are and shall remain the property of StellarFi. You may not modify, participate in the sale or transfer of, or create derivative works based on any StellarFi Materials, in whole or in part.
StellarFi may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the StellarFi App, StellarFi.com or the Services at any time, with or without cause, in StellarFi’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the StellarFi App, StellarFi.com or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of your use or access to the StellarFi App, StellarFi.com or the Services.
StellarFi further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the StellarFi App, StellarFi.com or Services at any time with or without notice.
19. DISCLAIMER OF WARRANTIES
THE STELLARFI APP, STELLARFI.COM AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, STELLARFI AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “STELLARFI PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE STELLARFI APP, STELLARFI.COM OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE STELLARFI APP, STELLARFI.COM OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE STELLARFI PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE STELLARFI APP, STELLARFI.COM, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE STELLARFI PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE STELLARFI APP, STELLARFI.COM OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
20. NO LEGAL, TAX, INVESTMENT OR FINANCIAL PLANNING RELATED ADVICE
STELLARFI DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, INVESTMENT OR FINANCIAL PLANNING RELATED ADVICE THROUGH THE STELLARFI APP, STELLARFI.COM OR THE SERVICES. STELLARFI IS NOT A LAW FIRM, TAX ADVISOR, INVESTMENT ADVISER, BROKER, OR FINANCIAL PLANNER. STELLARFI ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION.
STELLARFI WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. STELLARFI DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, STELLARFI IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND STELLARFI IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. STELLARFI IS NOT LIABLE FOR ANY THIRD PARTY RELIANCE ON ALERTS.
22. LIMITATION OF LIABILITY
THE STELLARFI PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE STELLARFI APP, STELLARFI.COM OR THE SERVICES, THE STELLARFI MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE STELLARFI APP, STELLARFI.COM OR THE SERVICES, EVEN IF STELLARFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STELLARFI PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE STELLARFI APP, STELLARFI.COM OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE STELLARFI APP, STELLARFI.COM OR THE SERVICES. IN NO EVENT WILL THE STELLARFI PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE STELLARFI APP, STELLARFI.COM OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the StellarFi Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the StellarFi App, StellarFi.com or the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. StellarFi reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of StellarFi.
24. DISPUTE RESOLUTION BY BINDING ARBITRATION
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 24.3 BELOW.
24.1 Election to Arbitrate. You and StellarFi agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 24 (the “Arbitration Provision”), unless you opt out as provided in Section 24.3 below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 24.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
24.2 APPLICABILITY OF THE FEDERAL ARBITRATION ACT; ARBITRATOR’S POWERS. THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT (THE “FAA”). THE ARBITRATOR WILL APPLY SUBSTANTIVE LAW CONSISTENT WITH THE FAA AND APPLICABLE STATUTES OF LIMITATIONS. THE ARBITRATOR MAY AWARD DAMAGES OR OTHER TYPES OF RELIEF PERMITTED BY APPLICABLE SUBSTANTIVE LAW, SUBJECT TO THE LIMITATIONS SET FORTH IN THIS ARBITRATION PROVISION. THE ARBITRATOR WILL NOT BE BOUND BY JUDICIAL RULES OF PROCEDURE AND EVIDENCE THAT WOULD APPLY IN A COURT. THE ARBITRATOR SHALL TAKE STEPS TO REASONABLY PROTECT CONFIDENTIAL INFORMATION.
24.3 OPT-OUT OF ARBITRATION PROVISION. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION FOR ALL PURPOSES BY SENDING AN ARBITRATION OPT OUT NOTICE TO LEGAL@STELLARFI.COM, WITHIN 60 DAYS OF THE DATE OF YOUR ELECTRONIC ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. THE OPT OUT NOTICE MUST CLEARLY STATE THAT YOU ARE REJECTING ARBITRATION; IDENTIFY THE AGREEMENT TO WHICH IT APPLIES BY DATE; PROVIDE YOUR NAME, ADDRESS, AND LAST FOUR DIGITS OF YOUR SOCIAL SECURITY NUMBER; AND BE SIGNED BY YOU. YOU MAY SEND AN OPT-OUT NOTICE IN ANY MANNER YOU SEE FIT AS LONG AS IT IS RECEIVED AT THE SPECIFIED ADDRESS WITHIN THE SPECIFIED TIME. NO OTHER METHODS CAN BE USED TO OPT OUT OF THIS ARBITRATION PROVISION. IF THE OPT OUT NOTICE IS SENT ON YOUR BEHALF BY A THIRD PARTY, SUCH THIRD PARTY MUST INCLUDE EVIDENCE OF HIS OR HER AUTHORITY TO SUBMIT THE OPT OUT NOTICE ON YOUR BEHALF.
24.4 INFORMAL DISPUTE RESOLUTION. IF A CLAIM ARISES, OUR GOAL IS TO LEARN ABOUT AND ADDRESS YOUR CONCERNS AND, IF WE ARE UNABLE TO DO SO TO YOUR SATISFACTION, TO PROVIDE YOU WITH A NEUTRAL AND COST EFFECTIVE MEANS OF RESOLVING THE DISPUTE QUICKLY. YOU AGREE THAT BEFORE FILING ANY CLAIM IN ARBITRATION, YOU MAY SUBMIT CLAIMS BY SENDING AN EMAIL TO LEGAL@STELLARFI.COM AT ANY TIME.
24.5 ARBITRATION PROCEDURES. THE PARTY INITIATING ARBITRATION SHALL DO SO WITH THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) OR JUDICIAL ALTERNATIVES AND MEDIATION SERVICES (“JAMS”). THE ARBITRATION SHALL BE CONDUCTED ACCORDING TO, AND THE LOCATION OF THE ARBITRATION SHALL BE DETERMINED IN ACCORDANCE WITH, THE RULES AND POLICIES OF THE ADMINISTRATOR SELECTED, EXCEPT TO THE EXTENT THE RULES CONFLICT WITH THIS ARBITRATION PROVISION OR ANY COUNTERVAILING LAW. IF YOU HAVE ANY QUESTIONS CONCERNING THE AAA OR WOULD LIKE TO OBTAIN A COPY OF THE AAA ARBITRATION RULES, YOU MAY CALL 1(800) 778-7879 OR VISIT THE AAA'S WEB SITE AT: WWW.ADR.ORG. IF YOU HAVE ANY QUESTIONS CONCERNING JAMS OR WOULD LIKE TO OBTAIN A COPY OF THE JAMS ARBITRATION RULES, YOU MAY CALL 1(800) 352-5267 OR VISIT THEIR WEB SITE AT: WWW.JAMSADR.COM. IN THE CASE OF A CONFLICT BETWEEN THE RULES AND POLICIES OF THE ADMINISTRATOR AND THIS ARBITRATION PROVISION, THIS ARBITRATION PROVISION SHALL CONTROL, SUBJECT TO COUNTERVAILING LAW, UNLESS ALL PARTIES TO THE ARBITRATION CONSENT TO HAVE THE RULES AND POLICIES OF THE ADMINISTRATOR APPLY. THE ARBITRATION WILL BE HELD IN THE U.S. COUNTY WHERE YOU LIVE OR WORK, OR ANY OTHER LOCATION WE AGREE TO.
24.6 ARBITRATION FEES. IF WE ELECT ARBITRATION, WE SHALL PAY ALL THE ADMINISTRATOR'S FILING COSTS AND ADMINISTRATIVE FEES (OTHER THAN HEARING FEES). IF YOU ELECT ARBITRATION, FILING COSTS AND ADMINISTRATIVE FEES (OTHER THAN HEARING FEES) SHALL BE PAID IN ACCORDANCE WITH THE RULES OF THE ADMINISTRATOR SELECTED, OR IN ACCORDANCE WITH COUNTERVAILING LAW IF CONTRARY TO THE ADMINISTRATOR'S RULES. WE SHALL PAY THE ADMINISTRATOR'S HEARING FEES FOR ONE FULL DAY OF ARBITRATION HEARINGS. FEES FOR HEARINGS THAT EXCEED ONE DAY WILL BE PAID BY THE PARTY REQUESTING THE HEARING, UNLESS THE ADMINISTRATOR'S RULES OR APPLICABLE LAW REQUIRE OTHERWISE, OR YOU REQUEST THAT WE PAY THEM AND WE AGREE TO DO SO. EACH PARTY SHALL BEAR THE EXPENSE OF ITS OWN ATTORNEYS' FEES, EXCEPT AS OTHERWISE PROVIDED BY LAW. IF A STATUTE GIVES YOU THE RIGHT TO RECOVER ANY OF THESE FEES, THESE STATUTORY RIGHTS SHALL APPLY IN THE ARBITRATION NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN.
24.7 APPEALS. WITHIN 30 DAYS OF A FINAL AWARD BY THE ARBITRATOR, ANY PARTY MAY APPEAL THE AWARD FOR RECONSIDERATION BY A THREE-ARBITRATOR PANEL SELECTED ACCORDING TO THE RULES OF THE ARBITRATOR ADMINISTRATOR. IN THE EVENT OF SUCH AN APPEAL, ANY OPPOSING PARTY MAY CROSS-APPEAL WITHIN 30 DAYS AFTER NOTICE OF THE APPEAL. THE PANEL WILL RECONSIDER DE NOVO ALL ASPECTS OF THE INITIAL AWARD THAT ARE APPEALED. COSTS AND CONDUCT OF ANY APPEAL SHALL BE GOVERNED BY THIS ARBITRATION PROVISION AND THE ADMINISTRATOR'S RULES, IN THE SAME WAY AS THE INITIAL ARBITRATION PROCEEDING. ANY AWARD BY THE INDIVIDUAL ARBITRATOR THAT IS NOT SUBJECT TO APPEAL, AND ANY PANEL AWARD ON APPEAL, SHALL BE FINAL AND BINDING, EXCEPT FOR ANY APPEAL RIGHT UNDER THE FEDERAL ARBITRATION ACT (“FAA”), AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
24.8 NO CLASS ACTIONS. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. UNLESS CONSENTED TO IN WRITING BY ALL PARTIES TO THE ARBITRATION, NO PARTY TO THE ARBITRATION MAY JOIN, CONSOLIDATE, OR OTHERWISE BRING CLAIMS FOR OR ON BEHALF OF TWO OR MORE INDIVIDUALS OR UNRELATED CORPORATE ENTITIES IN THE SAME ARBITRATION UNLESS THOSE PERSONS ARE PARTIES TO A SINGLE TRANSACTION. UNLESS CONSENTED TO IN WRITING BY ALL PARTIES TO THE ARBITRATION, AN AWARD IN ARBITRATION SHALL DETERMINE THE RIGHTS AND OBLIGATIONS OF THE NAMED PARTIES ONLY, AND ONLY WITH RESPECT TO THE CLAIMS IN ARBITRATION, AND SHALL NOT (A) DETERMINE THE RIGHTS, OBLIGATIONS, OR INTERESTS OF ANYONE OTHER THAN A NAMED PARTY, OR RESOLVE ANY CLAIM OF ANYONE OTHER THAN A NAMED PARTY; NOR (B) MAKE AN AWARD FOR THE BENEFIT OF, OR AGAINST, ANYONE OTHER THAN A NAMED PARTY. NO ADMINISTRATOR OR ARBITRATOR SHALL HAVE THE POWER OR AUTHORITY TO WAIVE, MODIFY, OR FAIL TO ENFORCE THIS SECTION 24.8, AND ANY ATTEMPT TO DO SO, WHETHER BY RULE, POLICY, ARBITRATION DECISION OR OTHERWISE, SHALL BE INVALID AND UNENFORCEABLE. ANY CHALLENGE TO THE VALIDITY OF THIS SECTION 24.8 SHALL BE DETERMINED EXCLUSIVELY BY A COURT AND NOT BY THE ADMINISTRATOR OR ANY ARBITRATOR.
24.9 SURVIVAL AND SEVERABILITY OF ARBITRATION PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. IF ANY PORTION OF THIS ARBITRATION PROVISION OTHER THAN SECTION 24.8 IS DEEMED INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION SHALL NEVERTHELESS REMAIN VALID AND IN FORCE. IF THERE IS A FINAL JUDICIAL DETERMINATION THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF THIS ARBITRATION PROVISION’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF OR PARTICULAR TERM, THEN THAT CLAIM (AND ONLY THAT CLAIM) OR THAT TERM (AND ONLY THAT TERM) MUST BE SEVERED FROM THE ARBITRATION PROVISION AND MAY BE BROUGHT IN COURT. IF AN ARBITRATION IS BROUGHT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE LIMITATIONS ON SUCH PROCEEDINGS IN SECTION 24.8 ARE FINALLY ADJUDICATED PURSUANT TO THE LAST SENTENCE OF SECTION 24.8 TO BE UNENFORCEABLE, THEN NO ARBITRATION SHALL BE HAD. IN NO EVENT SHALL ANY INVALIDATION BE DEEMED TO AUTHORIZE AN ARBITRATOR TO DETERMINE CLAIMS OR MAKE AWARDS BEYOND THOSE AUTHORIZED IN THIS ARBITRATION PROVISION.
24.10 JUDICIAL FORUM FOR CLAIMS. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IN THE EVENT THAT THIS ARBITRATION PROVISION IS FOUND NOT TO APPLY TO YOU OR YOUR CLAIM, YOU AND STELLARFI AGREE THAT ANY JUDICIAL PROCEEDING (OTHER THAN SMALL CLAIMS ACTIONS) WILL BE BROUGHT IN THE FEDERAL OR STATE COURTS OF LOS ANGELES COUNTY, CALIFORNIA. BOTH YOU AND STELLARFI CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. WE BOTH AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL.
24.11 WAIVER OF RIGHT TO LITIGATE. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
25. GOVERNING LAW AND VENUE
Except for Section 24 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of Texas, without regard to conflict-of-law rules.
26. 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. There may be limitations on your Linked Account or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Linked Account or debit card.
The disclosures in this Section 26 apply to all Services described in this Agreement.
- Electronic Fund Transfer: Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Linked Account or debit card. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone or the StellarFi App.
- Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, withdrawal of funds out of your Linked Account to pay the Membership Fee.
- Unauthorized Electronic Fund Transfer is an Electronic Fund Transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your StellarFi App user account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
26.2 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 StellarFi App Login ID or password has been lost or stolen or if your StellarFi App user account has been, or may have been, subject to Unauthorized Electronic Fund Transfers. Contact us immediately to keep your possible losses to a minimum. You could lose all the money in your Linked Account(s).
- If you tell us within four (4) business days after learning of the loss or theft of your StellarFi App Login ID or password or after learning of any other Unauthorized Electronic Fund Transfers associated with your StellarFi App user account, you can lose no more than $100. However, if you DO NOT tell us within four (4) business days after learning of the loss, theft or unauthorized use associated with your StellarFi App user account, and we can establish that we could have prevented the Unauthorized Electronic Fund Transfer(s) if you had told us in time, you could lose as much as $1000.
- If your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Fund Transfers and you DO NOT tell us within ninety (90) days after the statement was delivered to you, you may not get back any money you lose after the ninety (90) 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 StellarFi App Login ID or password or of any other suspected Unauthorized Electronic Fund Transfers(s), the time periods specified in this Section 26.2 may be extended for a reasonable period.
26.3 Business Days. For purposes of this Section 26, StellarFi business days are Monday through Friday. Holidays are not included.
26.4 Types of Transfers; Limitations. You may use the Services to request and receive Advances to your Linked Bills, to repay such Advances in the amounts and on the days you set in the StellarFi App, and to pay the monthly Membership Fee. Any limitations regarding Advance amount or Membership Fee amount will be displayed to you through the Services. Through the StellarFi App you may also authorize recurring preauthorized Electronic Fund Transfers from your Linked Account or debit card to pay for the Membership Fee. See Section 11 for more information about stopping payment of preauthorized Electronic Fund Transfers.
26.5 Documentation. Your Advance and payment history can be viewed within the StellarFi App by navigating to the “Linked Bills” section on the main dashboard and tapping “the ellipsis” menu. You are responsible for reviewing payment history and/or StellarFi Banking Account transaction history, if applicable, and maintaining copies for your records.
26.6 Our Liability. See Sections 20 and 22 above. If StellarFi does not debit or credit your Linked Account in accordance with these Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your Linked Account or debit card to make a payment.
- If the Linked Account or debit card you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.
- If the linked biller account is closed, restricted, in arrears, or otherwise non-functioning.
- If the Services were not working properly and you knew about the problems when you started your payment.
- If we cannot complete a payment due to fraud or attacks on our systems or the Services.
- If circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken.
- There may be other exceptions stated in our Agreement with you.
26.7 Confidentiality Related to Electronic Fund Transfers. We will disclose information to third parties about the Electronic Fund Transfers you make through the Services:
- Where it is necessary for completing the Electronic Fund Transfers; or,
- In order to comply with government agency or court orders; or,
- If you give us written permission; or,
26.8 Error Resolution
In case of errors or questions about your Electronic Fund Transfers, email us at support@StellarFi.com. If you think your Linked Account statement, receipt, or payment history within the StellarFi App are wrong, or if you need more information about a transfer listed on the statement, receipt, or within the StellarFi App, contact us as soon as you can. We must hear from you no later than 90 days after the statement or receipt was delivered to you. In your notification to us, you must:
- Tell us your name and phone number associated with your StellarFi App user account.
- Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Linked Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new StellarFi App user accounts, we may take up to 90 days to investigate your complaint or question. For new StellarFi App user accounts, we may take up to 20 business days to credit your Linked Account for the amount you think is in error.
We will tell you the results within three 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.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE STELLARFI SERVICES MUST BE DIRECTED TO STELLARFI, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR LINKED ACCOUNT. WE ARE RESPONSIBLE FOR THE SERVICES AND FOR RESOLVING ANY ERRORS IN TRANSACTIONS MADE IN CONJUNCTION WITH SUCH SERVICES.
We will not send you a periodic statement listing transactions that you make through the Services. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE PROVIDED WHEN YOU USE THE SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, write us at the address indicated below:
1700 S. Lamar Blvd. Suite #338
Austin, TX, 78704
IF YOUR STELLARFI APP LOGIN ID OR PASSWORD IS LOST OR STOLEN, NOTIFY US AT ONCE BY CALLING OR WRITING TO US AT THE TELEPHONE NUMBER OR ADDRESS LISTED ABOVE.
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement’s remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
You agree that if StellarFi does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies StellarFi has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
29. GENERAL PROVISIONS
30. AUTHORIZATION FOR THE SOCIAL SECURITY ADMINISTRATION TO DISCLOSE YOUR SOCIAL SECURITY NUMBER VERIFICATION
When you click on the confirm button on the "Verify your Identity" page, you authorize the Social Security Administration (SSA) to verify and disclose to StellarFi, Inc. through Socure, Inc., their service provider, for the purpose of verifying your identity, whether your name, Social Security Number (SSN) and date of birth you have submitted matches the information in SSA records. This consent is for a one-time validation within 90 days of the date of submission.
If you have a complaint, the best way is to contact us via the in-app chat. Please make it clear that you are making a complaint when you get in touch. By doing this, you'll help us to make sure your problem goes through the right process, and that the issue is resolved as quickly as possible. You can also Email us at support@StellarFi.com Once we have received your complaint, we will acknowledge this via email. We will then investigate all the details of your complaint, and issue our response within a couple of days, but this can take up to 15 business days
32. CONTACTING US
If you have questions regarding the Agreement or the practices of StellarFi, please contact us by email at support@StellarFi.com or by regular mail at StellarFinance, Inc. 1700 S. Lamar Blvd, Suite 338 Austin, TX, 78704.