IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GENITRUST SAVINGS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE ARBITRATION PROVISION BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING WITHOUT LIMITATION THE PROCEDURE TO OPT OUT OF ARBITRATION).
1. THE SERVICES
1.1. General Information
The funds in your Genitrust Savings Account will be transmitted to FDIC-insured accounts at one or more participating FDIC-insured banks (“Participating Banks”). You will earn interest on your funds at a rate set by Genitrust Savings that will be customized based on the choices you make in the App. The minimum rate set by Genitrust Savings as of the date of this Terms is 0% per annum. We reserve the right to modify the rates, at any time, based on macroeconomic changes to the Fed Funds Effective rate or the payment services industry.
You can increase the rate above the minimum rate by pressing or clicking the “Claim” buttons in the App (also described as “Rewards” in the App), inviting friends to subscribe to Website’s mailing list, etc. The combined payout of the Rewards is no greater than 18.00% and is listed in the App as “X% Savings” where “X” is the payout. With the Rewards, it is possible to increase the yearly rate up to 18.00%. The yearly rate will be recalculated on a recurring 30-day cycle from the date you opened your account and will be based on the combined sum of the Rewards you have accumulated. The effect of the Rewards can increase your earnings from the Genitrust Savings Account, which will be credited to you on a 30-day cycle from the date you opened your account and subject to the available-for-withdrawal balance as disclosed in the App. We reserve the right to modify, at any time, the methods for earning the Rewards, which will be disclosed in the App.
The principal and accrued interest on your balances will be FDIC-insured up to $250,000. Rewards are only covered by FDIC insurance until they are aggregated with your principal balance of your Genitrust Savings Account at the end of each calendar month or 30-day cycle from the date you opened your Genitrust Savings Account. If you have funds at a Participating Bank outside of your Genitrust Savings Account, this may impact the availability of FDIC insurance at such institution. For example, if your deposits in a Participating Bank exceed $250,000, the excess funds are not covered by the FDIC deposit insurance. You are advised to monitor your deposits in Participating Banks outside of the Program and review the list of Participating Banks carefully, which may change from time to time. You may contact Genitrust Savings directly to obtain the most recent list.
A comprehensive list of Participating Banks into which your funds may be deposited will be described in the Genitrust Savings app. The Participating Bank list is subject to change. Interest begins to accrue when the funds are settled. Funds are "settled" when actually received by the Participating Banks. In the extremely rare event of a failure of a Participating Bank, there may be a period during which you may not be able to access your money; nevertheless, your funds will be FDIC-insured to the full amount.
1.2. Genitrust Savings Account
Obtaining Balance Information. You may obtain information about the balance of funds in your Genitrust Savings Account at any time by logging into the App.
Maximum Deposit. We may limit the amount you may deposit to your Genitrust Savings Account. Any such limit will be disclosed in the App. There are no limits on withdrawals.
Fees. We do not charge any fees for the Genitrust Savings account.
1.3. FDIC Insurance
The funds in your Genitrust Savings Account are transmitted to the Participating Banks where the funds earn interest as described above and are eligible for FDIC insurance. Genitrust Savings uses more than one Participating Bank to ensure FDIC coverage of up to $250,000 for your cash deposits (up to $250,000 at each Participating Bank). For more information on FDIC insurance coverage, please visit www.FDIC.gov.
2. TERMS OF SERVICES
To use the Services, you must be at least 13 years of age and have a mobile telephone number registered in the U.S., and be a U.S. citizen (or a legal U.S. resident).
2.2. Verification of Your Identity
For our compliance purposes and to provide you the Services, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation to verify your identity and bank account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as, a copy of your government-issued photo ID, such as a passport or driver's license.
2.3. Linking an External Bank Account
To use the Services, you will need to link at least one external bank account (“External Account”) to your profile. You represent and warrant that you have the right to control any External Account you sign into via the Services.
When you use the “Add Account” feature of the Service, you may be connected to the website for the third-party financial institution you have identified (or its authorized third party). You will be instructed to submit information including usernames and passwords that you provide to log you into such third-party website(s). As part of the Services, Genitrust Savings will retrieve balance and other information from the External Accounts you link to your Genitrust Savings Account. You authorize Genitrust Savings to access your account information maintained by identified third parties, on your behalf as your agent. Genitrust Savings makes no effort to review the account information for accuracy or any other purpose and is not responsible for the accuracy of such information. Genitrust Savings is not responsible for the products and services offered by or on third-party sites. The Platform is not sponsored or endorsed by any third party financial institution at which you have an External Account.
If during the course of linking your External Account your profile is flagged for review by our compliance systems, you may be asked to upload documentation supporting your identity. You agree only to upload documentation that is current, accurate, and belongs to you. Deposits into your Genitrust Savings Account typically take 3-5 business days to process. During that time the funds will be unavailable for withdrawal or other use.
2.4. Transferring Funds
To Your Genitrust Savings Account. You may transfer funds from your External Account to your Genitrust Savings Account via ACH using the Services. Only funds from your External Account may be transferred to your Genitrust Savings Account. The funds in your Genitrust Savings Account are held at an FDIC-insured bank in an account in your name. We are not responsible for any third-party fees that you may incur as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your External Account.
From Your Genitrust Savings Account. You may transfer any or all of your funds from your Genitrust Savings Account to your External Account using the Services. We will generally complete the requested transfer from your Genitrust Savings Account to your External Account typically within 3-5 business days from our receipt of your request. It may take longer if, for example, you recently made a deposit or if you are withdrawing to a different External Account than the one used for your initial deposit. You authorize us to transfer funds from your Genitrust Savings Account to your External Account without notice to you upon the closure of your Genitrust Savings Account as described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used for unlawful purposes or otherwise in violation of these Terms.
2.6. Genitrust Savings's App and Updates
From time to time, Genitrust Savings may automatically check the version of App installed on your device and, if applicable, provide updates for the App. Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the App. By installing the App, you authorize the automatic download and installation of updates and agree to download and install updates manually, if necessary. Your use of the App and updates will be governed by these Terms (as amended by any terms and conditions that may be provided with updates). Genitrust Savings reserves the right to temporarily disable or permanently discontinue any and all functionality of the App at any time without notice and with no liability to you.
2.7. Termination of these Terms
You may stop using the Services, close your Genitrust Savings Account, and cancel these Terms at any time by contacting us at firstname.lastname@example.org and providing sufficient information for us to verify your identity. If there are any pending transactions relating to your Genitrust Savings Account when we receive your termination notice, we will close your Genitrust Savings Account promptly after such transactions are completed. Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination. Upon the closure of your Genitrust Savings Account, we will transfer the funds in your Genitrust Savings Account, if any, to your External Account. If your External Account is closed or we are otherwise unable to transfer the funds in your Genitrust Savings Account to your External Account, we will send you a check for the amount of the funds to you at your street address in our records.
We reserve the right, in our sole discretion and without advance notice to you, to terminate, cancel, or suspend access to your use of the Services or your Genitrust Savings Account for any reason, including, but not limited to: (a) your breach of these Terms; (b) if you have provided information to Genitrust Savings that is untrue, inaccurate, not current or incomplete or Genitrust Savings has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; or (c) if we suspect unauthorized, fraudulent or illegal activity in your Genitrust Savings Account, we may freeze your Genitrust Savings Account pending further investigation. We are not responsible for damages suffered by you or any inconvenience caused directly or indirectly by our termination, suspension, or restriction of your access to the Platform or Services.
2.8. Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU AGREE THAT YOUR USE OF THE SERVICES AND ALL CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PLATFORM IS AT YOUR SOLE RISK. THE SERVICES AND PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE CONTENT OR OPERATION OF THE PLATFORM OR SERVICES AND CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PLATFORM, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE INFORMATION OBTAINED ON THE PLATFORM WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (D) THAT ANY CONTENT AVAILABLE THROUGH THE PLATFORM IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR; (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
2.9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT GENITRUST SAVINGS, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE TERMS OR THE SERVICES; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF ZERO DOLLARS OR THE AMOUNT TRANSFERRED FROM YOUR EXTERNAL ACCOUNT TO YOUR GENITRUST SAVINGS ACCOUNT VIA THE SERVICES; OR (D) ANY EVENT BEYOND OUR REASONABLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your access and use of the Services, your violation of these Terms, your infringement of any intellectual property rights, or violation by any user of your Genitrust Savings Account. In the event that there are third party claims against you for which you properly seek damages from us under these Terms, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at your expense in the case of claims for which we have the right to be indemnified by you to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
2.12. Security and Restrictions.
You may not use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) the Services; (ii) any other party’s use and enjoyment of the Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the App. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the App, including, without limitation, any usage rules set forth in the online application store terms of service.
2.13. Security of your Access Information.
You agree not to authorize any other person or entity to use your user name and password or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your username and password. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information, access credentials, or your mobile device or from unauthorized or fraudulent transactions associated with your External Account or your Genitrust Savings Account. Your passwords and confidential data should be not shared by email.
If your mobile device is lost or stolen or if you suspect someone has gained unauthorized access to your username or password or mobile device, you must contact us immediately at email@example.com. In order to take any action, you will need to provide us information to verify your identity.
2.15. Intellectual Property.
Genitrust Savings retains full, irrevocable, royalty-free, worldwide, sub-licensable, and perpetual intellectual property rights around any user generated content uploaded, shared, transmitted, or otherwise disseminated on the Platform or through other communications channels. Genitrust Savings can store, use, reproduce, modify, and adapt such content and will retain full rights to any derivative works or compilations of such content; users warrant by their actions that they have the necessary rights to grant such licenses to Genitrust Savings. Genitrust Savings can further delete such content at any time and for any reason. Genitrust Savings is the owner and/or authorized user of all text, images, data representations, animation, music, sounds, and any and all other materials on the Platform. You may not copy, reproduced, republish, disseminate, exploit, distribute, or otherwise incorporate any material found on the Platform or in Genitrust Savings’s communications. Such materials are protected by U.S. and international copyright and treaty provisions without limitation as copyrights, trademarks, service marks, logos, and other intellectual property.
2.16. USA PATRIOT Act Notice.
Important information about procedures for using our services under the USA PATRIOT Act of 2001: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When you use our services, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a form of identification with your photograph or other identifying documents.
3. GENERAL TERMS
3.1. Assignment. You may not assign these Terms, your rights or obligations under these Terms, or your Genitrust Savings Account without prior written consent of Genitrust Savings, and any prohibited assignment will be null and void. Genitrust Savings may assign these Terms or any rights hereunder without your consent.
3.2. Governing Law. These Terms will be governed exclusively by and construed, interpreted and enforced in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, excluding its provisions on conflicts or choice of laws.
3.3. Arbitration. Any dispute, controversy, demand, claim, or cause of action arising out of or relating to the access and use of the Services or any services related to it or these Terms, including the determination of the scope or applicability of these Terms to arbitrate (a “Dispute”), shall be resolved solely by binding, individual arbitration rather than a class, representative or consolidated action or proceeding. You and Genitrust Savings each further agree this arbitration provision will be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law, and that you are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and/or the termination of your access to the Services. As used in this arbitration provision, “we” and “us” mean Genitrust Savings and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing any product, service, or benefit in connection with the Services or these Terms if such third party is named as a co-party with us in any Dispute subject to this arbitration provision.
Exceptions and Opt-Out. As a limited exception to mandatory arbitration as set forth in this Section 3.3 of these Terms, you or Genitrust Savings may seek to resolve a Dispute in small claims court if it qualifies. If you wish to opt-out of this arbitration provision, you must provide us written notice within 30 days of the date that you first became subject to these Terms or within 30 days of the effective date of any material change to these Terms, by certified mail at the following address: Genitrust Worldwide, Inc., 1956 Main St., Sarasota, FL 34236, Attn: Arbitration Opt-Out. Your opt-out notice must include your name, address, phone number, and email address.
How Arbitration Works. The arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by these Terms. The AAA Rules are available at www.adr.org, or by calling (800) 778-7879. If the AAA is unavailable or unwilling to hear the dispute, the parties will agree to, or the court will select, another arbitration provider. Any arbitration hearings will take place in Sarasota County, Florida, unless the parties both agree in writing to a different location. We encourage you to contact us in advance of filing a claim for arbitration to see if the dispute can be resolved prior to arbitration.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Class Action Waiver and Representative Claims. YOU AND GENITRUST SAVINGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if our dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. Except as set forth in this arbitration provision, if any portion of this arbitration provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the arbitration provision. This arbitration provision will survive termination of your Genitrust Savings Account and these Terms.
3.4. Third-Party Links. The Platform may provide links or references to other sites originating from other companies, individuals or organizations. However, the materials that can be accessed from such sites are not maintained by us and we are not responsible for the contents thereof and we shall not be liable for any damages or injury arising from that content. Any reference to a linked site or any specific third-party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.
3.5. Changes to these Terms or the Services. These Terms may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by providing notice through the Platform. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. By continuing to access or use the Platform, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Platform to review these Terms. If you do not agree to the revised Terms, you may not access or use the Services.
3.6. Compliance with Laws. You agree to use the Services for lawful purposes only and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. The material provided on the Platform is protected by law, including, but not limited to, United States Copyright Law and international treaties.
3.8. Third-Party Beneficiaries. Our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.
3.9. Taxes. You will be responsible for paying, withholding, filing, and reporting all taxes and other governmental assessments associated with your activity in connection with the Genitrust Savings Account and the Services.
3.10. Contacting Us. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at firstname.lastname@example.org.