Momento Technologies, Inc. and its affiliates (collectively "Momento," "we," or "us") welcome you.
This document sets out the terms and conditions for your use of MOMENTO’s mobile application (“Mobile App”) and MOMENTO’s website, as well as the products and services offered, operated, or made available by MOMENTO through the Mobile App (collectively, the “Services”).
These terms and conditions form a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and MOMENTO Technologies Inc., its subsidiaries, affiliates, agents, and assigns (“MOMENTO”, “we”, “us”, or “our”).
The Mobile App, website and Services are owned and operated by MOMENTO, and are being provided to you expressly subject to this Agreement.
By accessing, browsing and/or using the Mobile App, MOMENTO’s website 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, since this Agreement governs your use of the Mobile App, MOMENTO’s website and the Services.
To provide our services, we use third-party service providers, such as Synapse Financial Technologies, Inc. (“Synapse”) which is our backend software provider, and partners with financial institutions to provide FDIC insurance. Synapse’s API, and their relationship with financial institutions, enables us to offer banking services and products. By agreeing to MOMENTO’s Terms of Use, you also agree to Synapse’s terms of services https://synapsefi.com/tos.
THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 18 BELOW FOR MORE INFORMATION.
By using the Mobile App, MOMENTO’s website or the Services, you confirm that you accept these terms of use and that you agree to comply with them.
Additionally, by submitting your application to obtain an account with us ("Account"), you signify that you have read, understood, and agree to be bound by the Synapse’s Consumer Interest Checking Account Agreement and by requesting a debit card with us, you signify that you have read, understood, and agree to be bound by the Synapse's Consumer Cardholder Agreement .
If you do not agree to these terms, you must not access or use the Mobile App, MOMENTO’s website or the Services.
We recommend that you print a copy of these terms for future reference.
We reserve the right to amend this Agreement from time to time at our discretion, and we will date the terms with the last day of revision.
If the amendment implies a change resulting in increased fees and/or liability for the consumer; fewer types of available electronic fund transfers; or stricter limitations on the frequency or dollar amount of transfers, we will mail these changes to you at least 21 days before the effective date.
Otherwise, changes will take effect immediately once they are posted on MOMENTO’s website, so please review it periodically for changes via our links on www.momentoglobal.com.
Your continued use of the Mobile App, MOMENTO’s website and/or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes.
MOMENTO may terminate, suspend, change, or restrict access to all or any part of the Mobile App, MOMENTO’s website or the Services without notice or liability.
We fully incorporate into this Agreement our Privacy Policy and our Cookie Policy, which also apply to your use of the Mobile App, MOMENTO’s website and/or the Services:
Our Privacy Policy, which sets out the terms about the information that we collect from you, how that information is used and shared, and the privacy choices offered to you. By using our site, you consent to such processing and you warrant that all data provided by you is accurate and true.
Our Cookie Policy, which sets out information about the cookies on our site.
To access and use the Mobile App and Services, you must:
Have access to the internet and a mobile device running either Apple iOS 10.3 or higher, or Android 4.1 or higher.
Have a valid email address and sufficient storage space on your mobile.
Install our mobile applications, that are available on the Apple App Store (for Apple devices) and Google Play Store (for Android devices).
Create a Mobile App user account with MOMENTO. This process will include creation of a Login ID and password to access the Mobile App and the Services.
When you sign up for a user account with MOMENTO, you agree to provide accurate, truthful, current and complete information (“User Information”) requested by any and all registration forms available through the Mobile App, in connection with the Services or as otherwise requested by MOMENTO. MOMENTO will have the right to cancel temporarily or permanently any and all Services and/or access if the information provided is not accurate, truthful, current and complete. Likewise, you understand that any regulatory changes to the information necessary to use the Services will impact your ability to access any and all Services, which MOMENTO can suspend until the moment you have provided any and all necessary information to comply with the applicable regulatory requirements.
MOMENTO may also require verifying your identity to use certain Services. In that case, you authorize us to make any inquiries we consider necessary to validate your identity, considering that if you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Mobile App and/or Services.
You agree to update your information if any of your User Information change, as soon as possible. To update your User Information accordingly, you may use the Profile section of the MOMENTO app.
If you 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@momentoglobal.com.
You further represent that you are a legal owner of, and/or that you are authorized to provide us with all User Information and other information necessary to facilitate your use of the Mobile App and Services.
MOMENTO offers a variety of services collectively referred to in this Agreement as the “Services.” These Services include:
Mobile Banking Services – A suite of services and features exclusive to MOMENTO users that open a MOMENTO account (“MOMENTO Spending Account”) and MOMENTO debit Mastercard (“MOMENTO Card”) to help you view, manage and access your MOMENTO Spending Account and MOMENTO Card. Banking services provided by Evolve Bank & Trust, member FDIC. The MOMENTO Debit Mastercard® is issued by Evolve Bank & Trust, pursuant to a license from Mastercard International and may be used everywhere Mastercard® debit cards are accepted. See Section 8 for terms and details.
To use the Services provided by MOMENTO, you may direct and/or allow us 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”). To access this Third-Party Account Information, we may work with one or more third-party service providers. This includes information maintained by Evolve for MOMENTO Spending Accounts and MOMENTO Cards. By using the Services, you authorize MOMENTO 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. 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. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other MOMENTO products and services that we consider may be of interest to you. 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 Mobile App. With the exception of information related to your MOMENTO Spending Account or MOMENTO Card, MOMENTO does not review the Third-Party Account Information for accuracy, legality or non-infringement, and MOMENTO is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.
When you open a MOMENTO Spending Account and obtain a MOMENTO Card, you will be able to use the Mobile Banking Services through the Mobile App to manage your account and card, view your transaction history, perform certain transactions, and access various features of your account and card. Your use of the Mobile Banking Services is governed by this Agreement. The MOMENTO Spending Account, MOMENTO Card and any transactions you make on your MOMENTO Spending Account or MOMENTO Card, including those initiated through the Mobile App, are covered by the Synapse’s Consumer Interest Checking Account Agreement found here.
Our Mobile App will allow you to create your MOMENTO Spending Account, access to the Mobile Banking Services and perform the following transactions:
View your balance.
View your last 20 transactions.
Request your account statements for the last 3 months.
Transfer funds between your MOMENTO Spending Account and Linked Account. This feature is only available if you have a Linked Account with another depository institution as described in Section 7.
Create a Companion Card and transfer funds to it.
Send payments to pay your bills and other expenses through the “Send a Check” service.
On your MOMENTO Card:
Freeze your MOMENTO Card if you misplace it to prevent it from being used.
Manage your Virtual MOMENTO Card.
You will also be able to:
Update personal and account-related information.
Obtain live support and customer service through the Mobile App’s chat function.
Make other transactions, access features or capabilities as may be offered in the future.
Note: The account information that you access through the Mobile Banking Services will generally be current, as of the business day you access the information, unless another time is specified.
Transfers between your MOMENTO Spending Account and Linked Account, as well as payments made through the Send a Check service, are governed by the Synapse’s Consumer Interest Checking Account Agreement available here. Certain transaction limitations may apply to Linked Account transfers and Send a Check payments. Please refer to the Synapse’s Consumer Interest Checking Account Agreement for details.
Under this agreement, only the owners of a MOMENTO Spending Account are permitted to access an account through the Mobile Banking Services. By using the Mobile Banking Services, you agree and entitles Us and Evolve to act on any transaction or instruction we receive under your Mobile App Login ID and Password. You also agree that any actions taken under your Login ID and password will have the same effect as an authorizing signature for the action. We reserve the right to deny transactions or any other actions you authorize through the Mobile Banking Services, if:
Your MOMENTO Spending Account does not have enough available funds to make a transfer or payment.
There is money in your MOMENTO Spending Account but is subject to legal process or other encumbrance restricting a transfer or payment.
You do not give complete or correct instructions when requesting a transaction.
You do not follow the procedures established in this or any other agreement you have with us or Evolve.
The Mobile Banking Services or your mobile device are not working properly.
Circumstances beyond our control make impossible for us to realize a transactions or action you requested.
Your Mobile App Login ID and/or password have been reported lost or stolen, if we canceled or disabled your Login ID and/or password, if we have disabled the Mobile Banking Service or if we believe that a person other than you is using your Mobile App Login ID and password to access your account.
We have reason to believe that you or someone else is using the Mobile Banking Services for fraudulent or illegal purposes.
Transaction does not comply with applicable regulatory requirements.
The Synapse’s Consumer Interest Checking Account Agreement available here may consider and describe other exceptions.
There are no fees for accessing or using the Mobile Banking Services, but there may be fees associated with your MOMENTO Spending Account or MOMENTO Card. Please refer to our Pricing section by entering to www.momentoglobal.com in order to review the fees that may apply depending on your banking account Plan.
Our Services can only be provided by conducting business through the internet, that implies that when you use the Mobile App or the Services, you will receive from time-to time disclosures, notices, documents, and any other communications ("Communications") about our Services, the Mobile App, or MOMENTO. We may also discontinue electronic provision of Communications at any time at our sole discretion.
That is why we need you to consent to receive Communication electronically, and this section informs you of your rights when receiving these Communications from us.
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.
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.
You may withdraw your consent to receive Communications electronically by contacting us at support@momentoglobal.com. If you withdraw your consent, we reserve the right to limit or close your MOMENTO 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 MOMENTO such as Subscription Fees or Express Fees even if you withdraw your consent and we close or limit access to the Mobile App and/or the Services.
You can update your User Information in the Mobile App or by emailing us at support@momentoglobal.com.
SMS messages (including text messages) and telephone calls (including prerecorded and artificial voice and autodialed) are used by MOMENTO to contact our users with service-related information or questions about the use of our site, Services, and/or Mobile App.
You consent to receive SMS messages and telephone calls from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us and 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, SMS and text messages at the telephone number you have provided to us and agree to promptly alert us whenever you stop using a telephone number. MOMENTO 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 in costs to receive such phone messages, SMS, text messages, e-mails 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.
You agree to use the MOMENTO site, Mobile App and Services only for lawful purposes. You are prohibited from any use of the Services or Mobile 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 Mobile App or Services, including but not limited to unauthorized entry into MOMENTO’s systems, misuse of passwords, or misuse of any information posted on the MOMENTO site, Mobile App or through the Services is strictly prohibited. MOMENTO makes no claims concerning whether use of the MOMENTO site, Mobile App or Services is appropriate outside of the United States. If you access the MOMENTO site, Mobile App or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. You agree you will not 1) try to reverse engineer, disassemble, decompile, or decipher the MOMENTO site, Mobile App or the Services or software making up the MOMENTO site, Mobile App and Services, 2) navigate or search the MOMENTO site, Mobile App or Services with any tool, software, agent, engine or other means (including but no limited to bots, avatars, intelligent agents, and/or spiders), 3) use a means other than MOMENTO’s provided interface to access the MOMENTO site, Mobile App or the Services, 4) use the MOMENTO site, Mobile App or the Services in a way that could impair, overburden, damage, or disable any portion of the MOMENTO site, Mobile App or Services, or 5) mirror any material contained on the MOMENTO site, Mobile App or the Services. MOMENTO reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and MOMENTO also reserves the right to take action to protect MOMENTO, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to the MOMENTO site, Mobile App or the Services, 3) suspending or terminating your ability to use the MOMENTO site, Mobile App or the Services on an ongoing basis, 4) taking legal action against you, 5) holding you liable for the amount of MOMENTO’s damages caused by your violation of this Agreement.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. MOMENTO reserves all rights not expressly granted herein in the Services and the MOMENTO IP (as defined below). MOMENTO may terminate this license at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "MOMENTO IP"), and all Intellectual Property Rights related thereto, are the exclusive property of MOMENTO and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any MOMENTO IP. Use of the MOMENTO IP for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place MOMENTO under any fiduciary or other obligation, and that we are free to use your Feedback without any additional compensation to you, or to disclose your Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MOMENTO does not waive any rights to use similar or related ideas previously known to MOMENTO, or developed by its employees, or obtained from sources other than you. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
MOMENTO may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the MOMENTO site, Mobile App or the Services at any time, with or without cause, in MOMENTO’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the MOMENTO site, Mobile App 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 MOMENTO site, Mobile App or the Services. MOMENTO further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the MOMENTO site, Mobile App or Services at any time with or without notice.
THE MOMENTO SITE, MOBILE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MOMENTO 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 “MOMENTO PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE MOMENTO SITE, MOBILE APP OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOMENTO SITE, MOBILE APP 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 MOMENTO 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 MOMENTO SITE, MOBILE APP OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE MOMENTO PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE MOMENTO SITE, MOBILE APP 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.
MOMENTO DOES NOT INTEND TO PROVIDE AND DOES NOT PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE MOMENTO SITE, MOBILE APP OR THE SERVICES. MOMENTO IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. MOMENTO ENCOURAGES YOU TO CONSIDER CONSULTING A LAWYER, AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. MOMENTO 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. MOMENTO DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, MOMENTO IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND MOMENTO IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. MOMENTO IS NOT LIABLE FOR ANY THIRD-PARTY RELIANCE ON ALERTS.
THE MOMENTO 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 MOMENTO SITE, MOBILE APP OR THE SERVICES, THE MOMENTO MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE MOMENTO SITE, MOBILE APP OR THE SERVICES, EVEN IF MOMENTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MOMENTO PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE MOMENTO SITE, MOBILE APP 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 MOMENTO SITE, MOBILE APP OR THE SERVICES. IN NO EVENT WILL THE MOMENTO 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 MOMENTO SITE, MOBILE APP 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 MOMENTO 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 MOMENTO site, Mobile App 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. MOMENTO 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 MOMENTO.
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 18.3 BELOW.
18.1 Election to Arbitrate. You and MOMENTO agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 18 (the “Arbitration Provision”), unless you opt out as provided in Section 18.3 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 18.8 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, counterclaims, 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.
18.2 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.
18.3 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@momentoglobal.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 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.
18.4 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@momentoglobal.com at any time.
18.5 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 United States county where you live or work, or any other location we agree to.
18.6 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.
18.7 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.
18.8 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 23.8, 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 23.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
18.9 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 18.8 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 18.8 are finally adjudicated pursuant to the last sentence of Section 18.8 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.
18.10 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 MOMENTO agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York. Both you and MOMENTO consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
18.11 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.
Except for Section 18 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of New York, without regard to conflict-of-law rules.
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 24 apply to all Services described in this Agreement EXCEPT the MOMENTO Spending Account, MOMENTO Card, Send a Check service, or any transfers between your Linked Accounts and your MOMENTO Spending Account. For information and disclosures applicable to your MOMENTO Spending Account, MOMENTO Card, the Send a Check service or transfers between your Linked Accounts and MOMENTO Spending Account, please refer to the Electronic Fund Transfers section of the Synapse’s Consumer Interest Checking Account Agreement available here.
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, debit card or your MOMENTO Spending Account. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone or the Mobile 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 Subscription 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 Mobile 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.
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.
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.
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 Mobile App Login ID or password has been lost or stolen or if your Mobile 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) and/or MOMENTO Spending Account.
If you tell us within two (2) business days after learning of the loss or theft of your Mobile App Login ID or password or after learning of any other Unauthorized Electronic Fund Transfers associated with your Mobile App user account, you can lose no more than $50. However, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use associated with your Mobile 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 $500.
If your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Fund 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 sixtty (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 Mobile App Login ID or password or of any other suspected Unauthorized Electronic Fund Transfers(s), the time periods specified in this Section 20.2 may be extended for a reasonable period.
Remote Deposit Capture. Via the Remote Deposit Capture Services we allow you to make deposits into your Account by using the mobile application to take a legible picture of the front and back of a negotiable check and transmitting such images. We will attempt to collect the item by presenting the image or converting the image into a digital representation of the original check ("Substitute Check"). Unlike traditional check deposits, you retain the original paper check when you use Remote Deposit Capture. We request you to retain the original check for at least thirty (30) days after you submit the check image to us.
Necessary endorsement. The checks to be deposited via Remote Deposit Capture shall be properly endorsed in the same manner in which it is made payable to you and with the restrictive endorsement "For mobile deposit only."
Cut-off Time. Your check image must be received by 6:00 pm PST to be considered deposited in such day. Any check image received by us after 6:00 pm PST will be considered as deposited in the following business day.
Availability. The amount shall be made available in your account no later than two (2) business days after the day you made the Remote Deposit. We may place a hold on your deposited check for a longer period of time if we have reasonable cause to doubt collectability of the check. In case you deposit remotely a check in an amount higher than $200 (two hundred dollars) we will make $200 available to you no later than one (1) business day after the day after the day you made the deposit and the excess amount in no later than two (2) business days.
Longer Delays. In other circumstances, a longer hold period may apply before funds deposited by check are available in your Account. For example, a longer delay may apply in the following cases: (i) we believe a deposited check will not be paid; (ii) you deposit one or more checks totaling $5,000 or more in one day; (iii) you redeposit a check that has been previously returned unpaid; (iv) your Account had a negative balance anytime in the previous six (6) months; and (v) we experience an emergency, such as failure of communication or computer delays. We can delay the availability of your check if your deposit account was opened 30 days or less from the date you remotely deposited your check. In such cases, we will send you an electronic notice informing if your ability to withdraw funds is delayed for any reason and when your funds may be available. Generally, funds will be available no later than ten (10) business days after the deposit is accepted for processing.
Wires: Wire transfers are electronic transfers, considered remittance transfers under US law, between two financial institutions.
Time Restrictions. 10:00 AM PST is the cut off time for international wires,1:00 PM PST is the cut off time for domestic wire transfers. Any wire transfer instructions received after these times will be processed the following business day.
Security Procedures. You will be required to use a Two-Factor Authentication control, in addition to your login, to authorize a wire transfer. This control is an appropriate security procedure, designed to verify the authenticity of the order, and not to detect errors in transmission.
No Cancellation. All wire requests are final and are not subject to recall orders or stop payments.
Payment Order. A wire transaction can only be initiated via our App. You are solely responsible for the accuracy of the information contained in the payment order. The wire transaction will be completed relying exclusively on the information provided by you.
Authorization to Transfer Funds. Via the wire services, you must authorize Synapse’s partner bank(s) to execute payment orders on their behalf and to debit your account specified in the payment order for the amount of the wire transfer.
Users may report complaints relating to the bank services to our banking software provider, Synapse through email help@synapsefi.com or call (415) 688-2943.
Transaction Limits: Users with bank services provided through Synapse, Momento’s banking software provider, will have the following limits per transactions:
Momento reserves the right to cancel or suspend transactions due to fraud or compliance related concerns.
20.3 Business Days. For purposes of this Section 20, MOMENTO business days are Monday through Friday. Holidays are not included.
20.4 Days. For purposes of this Section 20, MOMENTO days means a calendar day, or every day on the calendar, including weekends and public holidays.
20.5 Types of Transfers; Limitations. Transfers between your Linked Account and MOMENTO Spending Account, as well as payments made to third parties through the Send a Check service, are governed by the Synapse’s Consumer Interest Checking Account Agreement, available here. Please refer to that agreement for information concerning any limitations that may apply to these transfers and payments.
20.6 Documentation. Your payment history can be viewed within the Mobile App by navigating to the “Account Settings” page and tapping “Account”. You are responsible for reviewing payment history and/or MOMENTO Spending Account transaction history, if applicable, and maintaining copies for your records.
20.7 Our Liability. See Sections 14 and 16 above. If MOMENTO does not debit or credit your Linked Account, debit card or MOMENTO Spending 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, debit card or MOMENTO Spending Account to make a payment.
If the Linked Account, debit card or MOMENTO Spending Account 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 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.
20.8 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,
As otherwise provided in our Privacy Policy.
In case of errors or questions about your Electronic Fund Transfers, telephone us at 1-646-760-8040 or email us at support@momentoglobal.com. If you think your Linked Account statement, receipt, or payment history within the Mobile App are wrong, or if you need more information about a transfer listed on the statement, receipt, or within the Mobile 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 Mobile 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 or MOMENTO Spending 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 Mobile App user accounts, we may take up to 90 days to investigate your complaint or question. For new Mobile App user accounts, we may take up to 20 business days to credit your Linked Account or MOMENTO Spending 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 MOMENTO SERVICES MUST BE DIRECTED TO MOMENTO, 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, call or write us at the telephone number and address indicated below:
1-646-760-8040 Momento Technologies Inc. 401 Park Ave South 9th Floor New York New York, 10016 United States of America. Email: support@momentoglobal.com
IF YOUR MOBILE 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 MOMENTO does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies MOMENTO 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.
This Agreement is the entire understanding and agreement between you and MOMENTO. This Agreement supersedes any previous Terms of Use agreement or other agreement to which you and MOMENTO may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you have questions regarding the Agreement, please contact us by e-mail at support@momentoglobal.com or by regular mail at Momento Technologies Inc, 401 Park Ave South, 9th Floor, New York, New York, 10016, United States of America.
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