Terms of Service

ATM.com, Inc. d/b/a ATM.com (referred to herein as “ATM.com”) is a US- based business that owns the atm.com website and mobile apps. All references to “we”, "us", “our”, “ATM”, or this "Website" shall be construed to mean ATM.com.

These Terms of Service constitute a legally binding agreement that explains the terms and conditions that govern your access and use of this Website, our online and/or Mobile Application (the “Application” or “App”), mobile services, content, features, and software accessible through or in connection with this Website together with any other service performed for you by us in connection with this Website (collectively, the “Services”).

ATM.com® is a registered trademark for the Services, licensed for our use by ATM.com, Inc.

BY ACCESSING OR USING THE SERVICES, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I ACCEPT”, “I AGREE”, OR SIMILAR MARKING, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS (THE “TERMS” OR “AGREEMENT”), AND TO OUR PRIVACY POLICY LINKED AT THE BOTTOM OF OUR WEBSITE’S AND MOBILE APP’S PAGES. ACCEPTANCE OF THESE TERMS AND ACCESS TO THE SERVICES IS STRICTLY LIMITED TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF, AND PHYSICALLY LOCATED WITHIN, THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA AND ARE OF AGE EIGHTEEN (18) YEARS OR OLDER. IF YOU ARE ATTEMPTING TO ENTER INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, ATM.COM IS UNWILLING TO ALLOW YOU TO OPEN AN ACCOUNT AND TO USE THE SERVICES, WHEREUPON YOU SHOULD DISCONTINUE THE REGISTRATION PROCESS.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 20 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. As used in these Terms, “You”, “you", "your", “member”, and “user” or similar terms mean the person who uses or accesses the Services. “Account" or “ATM.com Account” means the account you establish with us for the Services. “Bank Account” means your own personal checking or savings bank account and associated debit card that you voluntarily link to us but that is separate from your ATM.com Account and the Services. “Credentials” means username, email address, mobile phone number, PIN, password, and any log-in information that is used to access the Services.

The Services are controlled and offered by ATM.com from the United States of America for users located in the fifty United States which includes the District of Columbia but excluding Puerto Rico, US Virgin Islands, and other United States territories and possessions (the “Service Area”). ATM.com is not a financial planner or advisor and we make no guarantees or representations that the Services are appropriate for you. Those who access or use the Services from locations other than the Service Area do so at their own risk and are responsible for compliance with local law.

While we strive to provide you with the best possible experience, please understand that from time to time, unforeseen issues may occur that are beyond our control. This could include, but is not limited to, service interruptions, bugs, errors, or data loss. In such cases, we cannot guarantee that our services will be error-free or that all issues can be fixed immediately. However, we are committed to addressing and resolving any problems as promptly as possible. We ask for your patience as we work to correct these issues. By using our services, you acknowledge that we are not liable for any damages resulting from these unforeseeable circumstances, though we will make every reasonable effort to minimize disruptions and correct problems to the best of our ability while realizing that there are some issues that may not be able to be resolved.

1. About ATM.com; Services

1.1 General

To access and use the Services, you must register and create a user account. See Section 1.6 for details regarding identify verification and Section 7.1 for eligibility requirements.

ATM.com helps you earn money as rewards (as described below in Section 1.2, Reward Rebates, Add Data Questions, and Community Rewards collectively referred to as “Rewards”) in numerous ways, without ATM.com selling your personal information (our limited rights to share your personal information are described in our Privacy Policy).

If you leave the ATM.com App through a link to an external source, it is up to you to decide what information you wish to share with third-party brands when calling, shopping, buying, and filling out forms or questionnaires. While ATM.com does not share your personal information with other companies, if you chose to start a survey in exchange for Reward Rebates, limited personal information may be shared with our third-party survey provider in order to better qualify you for a survey and maximize your earnings.

Your earnings will be recorded in your ATM.com Account. Reward Rebates may be recorded instantly but some may take up to 60 days based on reporting and tracking limitations with third party companies and networks.

To protect our User community from fraud and bad acts, including money laundering, your funds will be in an unearned state and not considered earned until your ATM.com Account balance reaches a threshold amount (the “Minimum Account Balance”). Once your earned Account balance reaches the Minimum Account Balance of $20.00, you can withdraw funds in excess of it. Withdrawals must be in increments of $5.00. We reserve the right to waive or modify this withdrawal policy at our discretion. We keep this Minimum Account Balance policy to withdraw cash as a way to protect you and/or the User community from fraud and in turn pay Rewards faster. As another fraud protection measure, new users will not be allowed to withdraw any funds for 48 hours after they become active.

All available user funds, including, but not limited to, Rewards and earnings, will be held in your ATM.com Account indefinitely until you choose to withdraw some or all of your ATM.com Account balance.

We will generally transfer the requested funds from your ATM.com Account to your personal bank account that you have linked to your ATM.com Account (together with that bank account’s associated debit card, your “Bank Account”) within four to six banking business days of when we receive your request. It is important for you to know the amount of available funds in your ATM.com Account before instructing us to transfer funds from your ATM.com Account to your Bank Account. If you do not have sufficient available funds in your ATM.com Account to cover the amount of the requested transfer, your request for the transfer will be declined.

We may also transfer funds from your ATM.com Account to your Bank Account without notice to you upon the closure of your ATM.com Account as described below and at any time, including if required by applicable law, or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.

See Section 2(F) for details relating to account closures and deletions.

ATM.COM DOES NOT IN ANY WAY WARRANT OR GUARANTEE THE SUCCESS OF ANY ACTION WHICH YOU TAKE IN RELIANCE ON THE INFORMATION PROVIDED AT THIS WEBSITE OR THE APP. WE DO NOT WARRANT THAT YOU WILL MAKE ANY MONEY OR THAT YOU WILL NOT LOSE MONEY. ATM.COM IS NOT A FINANCIAL ADVISER, AND THE SERVICES ARE NOT INTENDED TO PROVIDE FINANCIAL ADVICE. WE ARE NOT AN INVESTMENT ADVISOR, WE DO NOT PURPORT TO AND DO NOT, IN ANY FASHION, PROVIDE INVESTMENT ADVICE, TAX, ACCOUNTING, ACTUARIAL, RECORDKEEPING, LEGAL, OR ANY RELATED SERVICES OR ADVICE. WE ARE NOT RESPONSIBLE FOR ENSURING YOUR BANK ACCOUNT HAS SUFFICIENT FUNDS FOR YOUR NEEDS, PURPOSES, OR TRANSACTIONS. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND THAT THE SERVICES ARE APPROPRIATE FOR YOU. BEFORE USING THE SERVICES, YOU SHOULD CONSIDER OBTAINING ADDITIONAL INFORMATION AND ADVICE FROM A FINANCIAL ADVISER.

1.2 Basic Services

ATM.com offers the following Basic Services to users at no cost:

Reward Rebates: ATM.com pays our users Reward Rebates as compensation for actions leading to ATM.com receiving revenue from the advertising brands we partner with. Actions can include things like placing calls with a minimum duration, receiving a quote, going to third-party websites to shop, buying, ordering services, filling out lead forms, playing games, or responding to surveys. Reward Rebates are paid to you directly from ATM.com. The companies themselves are not paying you, but instead, ATM.com derives advertising revenue from the companies and brands that you successfully interact with via the App. A portion of ATM.com’s advertising revenue is used to pay you for your completed actions. For Reward Rebates that utilize location tracking, users may disable and opt out of location tracking permissions by clicking this in-app link - atmapp://app.navigator/?nav=system_settings - which will direct the user to the appropriate screen of their smart phone settings.

Data Rewards: Another way to earn money with our Services is by answering Data Vault Questions. Each day that you log into the App, you will have the opportunity to answer a number of questions. For each question that you answer, you will earn a small amount of money. Your answers are never shared with third parties; they are used exclusively by ATM.com to improve your user experience. See our Privacy Policy for more information on how we protect your data.

Community Rewards: ATM.com users can earn passive income through Community Rewards, whereby the aggregate survey question results and community insights from our users, potentially millions, can create value for both our User community and medical and/or market research. These anonymized products do not disclose any personally identifiable information. We will de-identify and aggregate information collected through the Services from our users so that this information can no longer be linked by third parties (such as brands) to you or your device.

1.3 ATM Personal Finance

A. What is ATM Personal Finance?
ATM Personal Finance is a set of tools to give users insights into their spending to increase their financial health and plan better for today and the future. The benefits offered through ATM Personal Finance include:

Access to ATM Instant Cash
Spending and cashflow insights
Budgeting and low balance alerts
Subscription and bill tracking
One (1) monitored account

B. ATM Personal Finance Plus (+)
ATM Personal Finance Plus includes the following:

All the benefits of Personal Finance
Unlimited monitored accounts
Custom categories
Transaction exports

ATM Personal Finance, ATM Personal Finance Plus, and ATM Instant Cash are collectively referred to as “ATM Personal Finance Services”.

ATM Personal Finance Services are subject to a monthly Membership Fee. Please refer to Section 2(B) below for details.

1.4 ATM Instant Cash™

A. What is ATM Instant Cash™?
ATM Instant Cash is a Service that provides users with a small non-recourse cash advance (“Advance”) against future bank deposits that is repaid upon the next direct deposit to the user’s Bank Account. This enables users to avoid overdraft fees or to pay for unexpected expenses without having to utilize high interest credit cards or loans. ATM Instant Cash is not a loan, and we have no legal or contractual claim against you based on a failure to repay. You are, however, expected to repay the Advance according to the Terms and your failure to do so may curtail your ability to obtain additional Advances until all Advances and fees have been repaid in full. Failure to pay may also affect access to, or the amount of, future Advances.

B. Eligibility and Requirements
To be eligible to obtain ATM Instant Cash, you must:

Be an individual and not a business
Be a legal resident of the United States
Be at least 18 years of age in order to form a binding contract with ATM.com
Have a valid Social Security Number
Not be prohibited by any law or regulation from using the App or any Services

You will also be required to link to a bank account that you are the owner and authorized user of and that:

Is in a state- or federally-chartered financial institution
Is in the name of one person and not a joint account or trust account
Has existed for more than 60 days
Has a minimum of three (3) consistent current direct deposits from the same source
Has a positive account balance
Has a debit card linked to it

Acceptance of some banks may be disallowed at our discretion. Deposits to automated teller machines, paper checks, cash transfers, or any deposits with irregular deposit schedules do not qualify for consideration.

C. Application and Approval
The Advance amount is determined by a computer analysis of the primary linked Bank Account using up to two years of historical income and expense data as well as other criteria. All Advances are provided at the sole discretion of ATM.com and may be increased or decreased at any time by us. ATM.com also reserves the right to regulate the frequency of Advances to you.

ATM.com will NOT:

Perform a credit check
Use a credit report or credit score to determine eligibility
Engage in debt collection activities
File reports with credit bureaus
Charge interest on the outstanding balance
Charge fees for late payments

If your application for ATM Instant Cash is declined for any reason, you may re-apply after 30 days from the date of the decline notice.

D. Tips
When you apply for ATM Instant Cash, you will also be given the opportunity to give ATM.com an extra amount as a thank you for the Services it provides you (a “Tip”). Tips are voluntary and your eligibility and Advance limits are not contingent upon your offering a tip. Tips will be shared with various charities and non-profit organizations as part of our social outreach.

E. Disbursement and Repayment
The deposit of ATM Instant Cash into your Bank Account will typically be delivered to your Bank Account within one (1) hour or less and is not affected by business hours or holidays.

Your authorized debit from your Bank Account for repayment of the ATM Instant Cash Advance, fees, and tips will occur on the date of the next regularly scheduled direct deposit into your Bank Account. We also reserve the right to deduct repayment funds from your ATM.com Account if we are unable to process the repayment from your Bank Account.

We monitor your Bank Account balance and do our best to ensure you have sufficient funds before debiting your account for repayment of the Instant Cash Advance and related fees, but the company makes no warranties that an overdraft will not occur. If our attempt to charge your Bank Account is denied for any reason, we reserve the right to make additional subsequent attempts when we detect a positive balance in order to collect the unpaid balance. If your Bank Account balance is not equal or greater than the amount due us, we may implement partial payments until the entire balance has been repaid.

Users have the option to pre-pay the Advance and associated fees and tips. Pre-payment may be initiated from within the App.

We may make random micro-deposits and/or equivalent micro-debits to verify your Bank Account.

Credits and debits will appear on your card or bank statement with the descriptor in some variation of “ATM_com Instant Cash” or “ATM_com Membership”.

See Section 2 for additional information regarding fees and payments.

F. Applying for an Advance
Access to applying for ATM Instant Cash is included as part of your monthly Personal Finance Membership. You can find a full description and details on the Membership fee in Section 2 below.

G. General Terms
By confirming your ATM Instant Cash Advance and authorizing debits to your linked Bank Account, you agree to not dispute ATM.com debiting your Bank Account so long as the transaction corresponds to the terms you have confirmed.

If you have requested to have your account closed and you have an outstanding, unsettled Instant Cash Advance, the account closure will not be processed until repayment of the Advance has been received.

1.5 Banking

ATM.com is not a depository institution. ATM.com is not a bank; your ATM.com Account is a ledger account. ATM.com is not acting as a trustee, fiduciary or escrow with respect to your funds and ATM.com is not acting as a money transmitter.

You must own and be the authorized user of the linked Bank Account. You are responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. By using the Services provided by ATM.com, you represent and warrant that you will safeguard your Bank Account information and will supervise and be completely responsible for any use of your Bank Account by you and anyone other than you.

1.6 Identity Verification

To help the government fight the funding of terrorism and money laundering activities, US Federal law requires all financial institutions and companies like ours to sometimes obtain, verify, and record information that identifies each person as a “customer” who opens an account. Identity verification is also needed to provide certain Services to you.

As part of the verification process to eliminate fraud and for tax reporting requirements, when you register for the App or apply for ATM Instant Cash or take similar actions, we may ask you for your name, date of birth, street address, identification number (like a Social Security Number), debit card information, and any other information that will allow us to identify you as the customer associated with the bank account to be linked. We may also ask you to submit copies of your government-issued photo ID, proof of residential address, a recent bank statement, or similar information. All data will be by transmitted by an independent third-party service utilizing secure, encrypted means. Please review our Privacy Policy for details.

Failure to provide verification of your identity and/or registered information when requested may result in the inability to open an account, the termination of your ATM.com account or limiting of available Services. In the event we have accepted any funds from you in connection with an account application or otherwise, you will be responsible for providing us a mailing address to which payment of any refund can be sent.

We may share the information you have provided us, in accordance with our Privacy Policy, to our banking or other partners in connection with opening and maintaining an account for you.

2. Fees; Pauses and Cancellations; Refunds; Chargebacks

Certain Services are subject to fees under the terms and conditions that follow.

A. Basic Services
The Basic Services are available to all users at no cost; there are no fees associated with accessing these features of the App.

B. Personal Finance Services
There is a $3.99 monthly Membership Fee for access to ATM.com’s Personal Finance tools; there is an additional $4.00 monthly charge (for a monthly total of $7.99) for access to Personal Finance Plus (both referred to individually and collectively as a “Membership”).

C. ATM Instant Cash
When you are approved for an ATM Instant Cash Advance, you will be assessed a Transaction Fee which allows us to maintain a connection to your Bank Account via third-party service providers which enables our account monitoring and notification services resulting in the delivery of the approved amount to you immediately. The Transaction Fee varies depending on the amount of the Advance as follows:

Tier	Fee
$25.00 - $49.99	$5.00
$50.00 - $74.99	$6.00
$75.00 - $99.99	$7.00
$100.00 - $149.99	$8.00
$150.00 - $199.99	$9.00
$200+	5.00%

This fee will be debited from your Bank Account at the time of repayment and will be detailed before you confirm and approve and receive the Advance.

Once an ATM Instant Cash transfer is requested, confirmed and agreed to, it cannot be cancelled or changed.

D. Inactivity
An inactivity fee of $3 per month will be deducted from your ATM.com Account Balance if your account has been deemed inactive (as defined in Section 7.4). If your ATM.com balance is insufficient to cover the full fee at the time of your monthly deduction, the remaining balance of your account will be deducted. Fee deductions will not bring an ATM.com Account below a $0.00 Account balance. ATM.com maintains the right to waive these fees at their discretion.

E. Payment of Fees
The initial Membership fee will be deducted from your Bank Account when you enroll into the Personal Finance Services program and accept the Terms. In the following months, the Membership fee – a Preauthorized Electronic Fund Transfer (see Section 4 below) - will be deducted from your Bank Account on the monthly anniversary day of your enrollment or the last day of the calendar month whichever comes first (the “Membership Due Date”). As an example, if your enrollment was on April 12, $3.99 will be deducted from your Bank Account on that day and $3.99 will be deducted from your Bank Account on the 12th day of the following months i.e. May 12, June 12, July 12, and so on. If the enrollment was on March 31, the next deduction will be on April 30.) ATM.com reserves the right to modify or waive the Membership terms.

Membership fees are assessed on the first day of a monthly term and Memberships are valid and active until the first day of the next paid Membership period. As an example, if $3.99 is deducted from your Bank Account on April 12, the Membership – and access to its features like ATM Instant Cash – is good through May 11.

If you upgrade your Membership from ATM Personal Finance to ATM Personal Finance Plus, the day of the upgrade becomes the new Membership Due Date and the ATM Personal Finance Plus Membership fee will be deducted from your Bank Account and the remaining portion of the then current Membership fee will be credited to this first month’s fee.

If you are already an ATM Personal Finance Plus Member and you wish to downgrade to the basic Personal Finance Membership, the unused prorated portion of the Plus Membership will be credited to your Membership account but only to a maximum amount of $3.99.

Memberships will be deducted separate and apart from deductions for repayment of ATM Instant Cash and associated fees. Receipts for repayments to ATM.com will be sent to your email on record and will also be visible in the App settings.

If you re-start your Membership after it has been paused (see Section F below), $3.99 will be immediately deducted from your Bank Account and that day of the month will be the new Membership Due Date for future Membership deductions.

ATM.com avoids attempting to charge any fees or deduct a repayment if we detect that your account does not contain sufficient funds.

We monitor your Bank Account balance and do our best to ensure you have sufficient funds before debiting your account for the Membership fee, but the company makes no warranties that an overdraft will not occur. If our attempt to charge your Bank Account is denied for any reason, we reserve the right to make additional subsequent attempts when we detect a positive balance in order to collect unpaid balances from prior months as well as for the current period. If your Bank Account balance is not equal or greater than the amount due us, we may implement partial payments until the entire balance has been repaid.

If our attempts to debit your Bank Account for repayment are unsuccessful because of insufficient funds to cover the repayment or an invalid account or some other situation, we may notify you by an in-app notification, a push notification, an SMS message, email, or a combination of those.

Should an overdraft occur, we are not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees you are charged because you fail to maintain a sufficient balance in your Bank Account, including any overdraft resulting from a debit initiated by us that had been approved by you.

F. Account Closures
You may close your account at any time by clicking the Account Deletion icon. Once your account is closed, it cannot be reopened.

To collect the final funds when an account is closed, there is a delay of 60 days before the transfer to your Account is commenced and the actual transfer may then take a few business days. The 60-day delay is to protect our User community from fraud. Users can view their Available Balance by clicking on the Wallet icon in the App and their Withdrawable Balance will be displayed. When the account is closed, disbursement of the full balance will be processed for accounts equal to or over the Minimum Account Balance; no disbursements will be made if the Minimum Account Balance is not satisfied. We reserve the right to waive or modify the Minimum Account Balance policy at our discretion.

If you have funds but no valid linked bank account, it is your responsibility to link a valid bank account before confirming your account closure. If you confirm the closure without having a valid linked bank account, you are agreeing to forfeit the funds in your account.

If your account has been suspended or flagged for potential misuse, you will not receive your account balance until your identity has been verified by using a secure link that will be presented to you.

If you request to have your account closed and you have an outstanding, unsettled Instant Cash Advance, the account closure will not be processed until repayment of the Advance has been received

G. Membership Pauses and Cancellations

You may pause your Membership for Personal Finance Services at any time from within the App. If your Membership is paused for six (6) months, your Membership will be automatically cancelled. Once cancelled, if you want to obtain ATM Instant Cash beyond that, you will have to re-apply.

If you pause your Membership, no additional Membership deductions will be taken from your Bank Account. Personal Finance Services, including ATM Instant Cash, will not be available to you while your Membership is paused.

Pausing your Membership will not alter or stop the scheduled repayment of Instant Cash and associated fees.

You may cancel the pause and re-instate your Membership at any time by clicking the appropriate button in the App. Unpausing the membership will set a new Membership period.

Once an ATM Instant Cash transfer is requested, confirmed and agreed to, it cannot be cancelled or changed.

H. Refunds; Chargebacks
Transaction Fees and tips are non-refundable.

Membership Fees are non-refundable. If the Membership is paused before the end of a billing cycle, users will still have access to Personal Finance Services through the last day of the paid period. As an example, if $3.99 was deducted from your Bank Account on April 12 and you paused the Membership on April 29, there would be no refund, but you would still have access to all the features through May 11 – the end of the paid Membership period.

See Section 7.7 below for important information and more details regarding chargebacks.

I. Errors and Disputes
ATM.com complies with the Electronic Fund Transfer Act of 1978 (15USC§1693 et seq.) in order to protect users from fraud and account errors. The EFTA sets guidelines for how you can be protected from unauthorized electronic transactions like debit card payments and online transfers. For more information and details relating to disputes or errors, please refer to Sections 4.4, 5, and 20 below.

3. Your Authorization for Automated Clearing House (ACH) and Other Debits & Credits

By agreeing to these Terms, you authorize ATM.com to electronically debit and credit your Bank Account (either a checking or savings account) via ACH, bank, or debit card transfers in order to provide the Services, including ATM Instant Cash. This authorization includes, if ever applicable, correction of erroneous debits and credits via ACH, as follows:

Range of Acceptable Debit Amounts: $5 to $50 per transaction; Maximum $100 per Business day (as defined below)
Frequency of Debits: Up to one time per Business Day
Effective Date of Transactions: The Business Day on which any ACH transaction is scheduled

You agree to indemnify and hold harmless ATM.com from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Bank Account if any of the information relied upon in your request to stop payment is incorrect or incomplete.

You warrant and represent to ATM.com that you have the right to authorize us to charge and credit your Bank Account for payments due to us under this Agreement.

From time to time, we may offer free trials which require you to provide us with your debit card information. If you cancel the free trial before the end of the trial period, your debit card will not be charged. If you do not cancel before the end of the trial period, your debit card will be charged on the last day of the trial period. Thereafter, you may cancel at any time in accordance with other polices detailed in these Terms.

You acknowledge that the electronic authorization contained in this Section represents your written authorization for debit or credit transactions as provided herein and will remain in full force and effect until you notify ATM.com that you wish to revoke this authorization by emailing support@ATM.com. You must notify ATM.com in order to cancel this authorization. You should print a copy of this authorization for your records. ATM.com reserves the right to cancel and close your account if this authorization is revoked.

Revocation of ACH approval will not be processed until any and all transfers and pending transactions have been processed and settled. This includes withdrawals and deposits to your Bank Account, as well as unsettled ATM Instant Cash fees and repayments.

In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.

4. Electronic Fund Transfer

The following disclosures are made in accordance with the federal Electronic Fund Transfer Act of 1978 as amended regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account. It is also referred to as the Federal Reserve Board Regulation E. Click to view the full text of the US Code or Regulation E.

There may be limitations on account activity that restrict your ability and any such limits are disclosed in the agreements and Terms governing your account.

The disclosures in this Section 4 apply to all electronic transfers including any monthly recurring fees for Services as described in these Terms of Service.

4.1 Electronic Fund Transfer Definitions

An Electronic Fund Transfer (EFT) is a transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is processed by electronic means including, but not limited to, transfers to/from a bank account, a debit card and ACH transfers, as instructed by You.

A Preauthorized Electronic Fund Transfer is an EFT that You have authorized in advance to recur at substantially regular intervals, such as a monthly membership or Membership Fee.

An Unauthorized Electronic Fund Transfer is an EFT from Your account initiated by a person other than You and from which You receive no benefit – with some exclusions.

For the purpose of this Section 4, an Access Device (“Device”) is defined as a card, code, or other means of access to a consumer’s account or a combination of these used by a consumer to initiate EFTs. Devices include debit cards, personal identification numbers (PINs), telephone transfer and telephone bill payment codes, and other means to initiate an EFT.

4.2 Your Liability

Authorized Transfers: You are liable for all EFTs that you authorize, directly or indirectly.

Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account, you can lose no more than $50.00 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500.00. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.

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.

Unauthorized Transfers: Contact us immediately at support@ATM.com if you believe that an unauthorized EFT has occurred or may occur concerning your Bank Account or if your App login Credentials have been lost, stolen or compromised.

4.3 Our Liability

We will provide you information about each transaction that debits or credits your linked Bank Account or linked Debit Card.

We will be liable for actual damages proximately caused by our error or failure to complete a transaction on time or in the correct amount when properly instructed by You in accordance with this Agreement.

We will not be liable for losses or damages if: the Bank 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; a third party’s app or other system breaks down or does not work properly; the Services were not working properly and you knew about the problems when you started your payment; through no fault of ours, you do not have enough money in your Bank Account to make a payment; we do not complete a transaction because we had reason to believe the transaction is unauthorized or illegal; we cannot complete a payment due to fraud or attacks on our systems or the Services; circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken; and other possible exceptions as stated elsewhere in these Terms of Service.

4.4 Documentation

A history of your ATM Instant Cash Advance deposits and repayments can be viewed within the ATM App by navigating to the account settings page and clicking on “ATM Instant Cash”. You will not receive printed statements listing transactions; transactions will appear only on your Linked Bank Account statements or in the App.

5. Error and Dispute Resolution

5.1 Reporting an Error

In the event you suspect an error or have questions about your Account, not including ATM Instant Cash, email us at support@ATM.com. If you believe you have found an error relating to ATM Instant Cash, please refer to Error Resolution for ATM Instant Cash in Section 5.2 below. If you think your Bank 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, your login ID, and phone number associated with your App user account.
Explain as clearly as you can what your question is or describe the error or the transfer you are unsure about, and why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.

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 you 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. Error investigation and resolution for new users may take up to twice as long; we will inform you of the results within three business days after completing our investigation.

5.2 Error Resolution for ATM Instant Cash

If you think your ATM Instant Cash receipt or statement is wrong, send an email to support@ATM.com as soon as possible. You may also contact support@ATM.com if you need more information about a transaction listed on a statement or receipt. We must hear from you within sixty (60) days after you were sent the first statement on which the problem or error occurred. When contacting us, you need to provide us with the following: Your name and the email address and phone number associated with your ATM Account; a clear and detailed description of the EFT or error you are questioning and why you think it is an error; and the dollar amount of suspected error.

ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH ATM.COM MUST BE DIRECTED TO ATM.COM, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR LINKED BANK ACCOUNT. We are responsible for the Services and for resolving any errors in transactions made in conjunction with such Services.

6. Collection and Use of Third-Party Financial Information

By using the Services, including ATM Instant Cash, you consent to and authorize ATM.com to access and collect your account transaction information maintained by non-affiliated third parties including, but not limited to, balance information, transaction dates, merchant names, and transaction types.

And by using the Services, you grant us and the third-party service providers, the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institutions. All data is transmitted and stored in compliance with our Privacy Policy and the privacy policies of the third-party service providers. You have the right to opt out at any time by contacting us at support@ATM.com.

7. Eligibility and Age Restrictions; Your Account and Prohibited Conduct

7.1 Eligibility and Age Restrictions

To register and/or use the Services you must be a minimum of 18 years of age and be a legal resident of, and physically located within, the Service Area. Use by persons under the age of 18 is strictly prohibited. By registering and/or using the Services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your ATM.com Account, and you agree that you are the sole authorized user of your ATM.com Account.

7.2 Authorization to Retrieve and Use Information You Provide

By providing information about yourself, including your Credentials and other content through the Services (“Data Retrieval Information"), you are licensing such Data Retrieval Information to ATM.com for the purpose of providing the Services. You represent that you are entitled to provide the Data Retrieval Information to ATM.com to use for the purpose of providing the Services, without any obligation by ATM.com to pay any fees or be subject to any restrictions or limitations. You hereby authorize and permit ATM.com to use and store the Data Retrieval Information for the purpose of providing the Services, including configuring the Services to be compatible with third-party websites that enable ATM.com to provide the Services. ATM.com will store Data Retrieval information in encrypted form.

As part of these Terms and Agreement, and solely for the purpose of providing the Services, you grant ATM.com a limited power of attorney, and appoint ATM.com as your attorney-in-fact and agent, to access third-party websites, use Data Retrieval Information you provide, and retrieve Account Information, with the full power and authority to do and perform each task necessary in connection with such activities as you could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN ATM.COM IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY WEBSITES, ATM.COM IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY WEBSITE.

ATM.com cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or in loss of data. Further, ATM.com does not assume responsibility for the timeliness, accuracy, deletion, or non-delivery of, or failure to store, any data.

You represent and warrant to us that you have all rights to the Data Retrieval Information and Account Information that you provide to us via the Services. You are responsible for the accuracy and completeness of the Data Retrieval Information and Account Information you provide through the Services. You, and not ATM.com, are liable in the event that such Data Retrieval Information and/or Account Information is not accurate or complete. You agree that you will indemnify, defend, and hold harmless ATM.com for all claims by third parties resulting from Data Retrieval Information and/or Account Information that you provide us. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

7.3 Account Ownership and Responsibilities

Subject to your compliance with these Terms and Agreement, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal, or non-commercial use, and only in a manner that complies with all local, state, national, and foreign laws, treaties, regulations, and other legal requirements that apply to you or your use of the Services, including those relating to data security and data privacy. If your use of the Services is prohibited by applicable law, then you do not have authorization to use the Services. ATM.com is not responsible for unlawful uses of the ATM.com App or Services.

In addition to the other requirements listed throughout these Terms, in order to use the Services, you: (a) must register with us on the ATM.com Application or Website; (b) must be located in the United States of America (including District of Columbia but excluding Puerto Rico, US Virgin Islands, and other United States territories and possessions) (c) have a Bank Account with a U.S. financial institution; and (d) provide all information requested by us, such as your name, email address, mobile device number, Data Retrieval Information and Account Information, and such other information as we may request from time to time (collectively, "User Information").

Each ATM.com user may establish, maintain, use and control only one ATM.com Account. For avoidance of doubt, users may not "co-own" or “co-operate” ATM.com Accounts. Only one unique ATM.com account may be concurrently associated with one unique device at any given time. Only one unique device may be concurrently associated with one unique ATM.com account at any given time.

You may only have one Bank Account linked to your ATM.com account at any given time. Once that Bank Account is linked to your ATM.com account, that Bank Account is indefinitely tied to that account only. In other words, it can never be linked to any other ATM.com account. You may unlink a Bank Account to your ATM.com Account and replace it with another Bank Account but you may only link two Bank Accounts over the lifetime of your ATM.com account. We reserve the right to waive or suspend this limitation in special situations.

In the event ATM.com determines that a user has established, owned, maintained, used or controlled more than one ATM.com Account, or more than one user has used an ATM.com Account, in addition to any other rights defined by ATM.com, ATM.com reserves the right to suspend or terminate any or all such ATM.com Accounts and withhold or revoke any money earned through the Application associated with those accounts.

You are solely responsible for any and all activity that occurs through your Account and you agree not to sell, transfer, license or assign your Account or any Account rights. ATM.com strictly prohibits the creation of accounts for anyone other than yourself.

Additionally, you represent that all information you will provide or have provided to ATM.com upon registration and at all other times will be true, accurate, current and complete and you agree to update your User Information as necessary to maintain its validity.

You must keep your User Information current with us. In order to ensure that we are able to provide all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us, to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the App or Website.

Use of the Services may be available through a compatible mobile device with internet access and require certain software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees associated with them, as well as for complying with the terms of your mobile device and telecommunications provider.

ATM.com reserves the right to block a user from accessing all or certain of the Services as a result of non-compliance with the terms or suspicious user behavior.

It is your responsibility to keep your login ID and password secure and confidential. IF YOUR CREDENTIALS INCLUDING APP LOGIN ID OR PASSWORD ARE LOST OR STOLEN, NOTIFY US AT ONCE by emailing support@ATM.com.

ATM.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO (A) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER OR ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (C) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS IN CONNECTION WITH THE SERVICES.

7.4 Account Status and Inactivity Fees

An “active” ATM.com Account is defined as an account that has accessed the Services within the last 45 days. (Accessing the Services includes simply logging into the account in the app and/or utilizing any functions of the app.) An “inactive” ATM.com Account is defined as an ATM.com Account that has not accessed the Services for a consecutive period of 45 days. ATM.com reserves the right to deduct a monthly inactivity fee of $3 immediately upon the completion of 45 consecutive days of inactivity and every month thereafter until the user resumes Service activity. Accounts that have been inactive for a period of more than 180 days may be considered "abandoned" and may be suspended or terminated without warning at ATM.com's discretion. ATM.com will attempt to return abandoned funds to the user to the best of their abilities, however, it is the responsibility of the user to make sure that their Bank Account is active and able to accept deposits. Funds that cannot be returned to the user may be surrendered to the appropriate governmental authorities where required. Each state has varying laws as to when an account is subject to escheatment, and we may be required to send the balance in your Account to the state of your last known address. We will make all reasonable efforts to contact you if required by applicable law before transferring the remaining balance of your Account to the applicable state. After we surrender the funds to the state, we have no further liability to you for those funds and you must apply to the appropriate state agency to reclaim your funds.

7.5 Account Funds

All monies earned via the Services provided by ATM.com shall remain property of ATM.com until said funds are claimed via an active ATM.com Account with an approved Bank Account that has reached the Minimum Account Balance. An active ATM.com Account is defined in Section 7.4 above. ATM.com uses Plaid (plaid.com) to connect users’ Bank Accounts to ATM.com. A user must connect a Bank Account that is supported by Plaid to form a secure connection with ATM.com. This is to ensure that funds can be securely transferred directly to a user’s Bank Account. Any Bank Account that is not supported by Plaid’s authentication services will not be accepted by ATM.com at this time, although exceptions may be made at the sole discretion of ATM.com. ATM.com reserves the right to block certain accounts that are offered by Plaid – PayPal, as an example.

7.6 Prohibited Conduct

You may not use the funds in your ATM.com Account to make purchases, withdraw cash, transfer funds to non-ATM.com affiliated third parties, or for any other purpose. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account.

You agree not to authorize any other person or entity to use your Credentials or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your Credentials, and other User information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your Credentials or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your ATM.com Account. If you suspect or become aware of any unauthorized activity or access to your Credentials or mobile device, you must contact us immediately at support@ATM.com.

The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, "User Content").

You may not post any prohibited content including, but not limited to, pictures, videos, comments, or links of violent, discriminatory, unlawful, infringing, hateful, sexually explicit or pornographic content via the Services.

You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities, and you must not post private or confidential information in User Content via the Services, including, without limitation, your or any other person's credit card information, social security or other personal identification, non-public phone numbers or email addresses.

You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (i.e. federal, state, local and provincial) applicable to your use of the Services and your User Content, including but not limited to, copyright laws.

You may not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or ATM.com.

You agree that you will not solicit, collect or otherwise use the login credentials of other ATM.com users.

You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ATM.com page is rendered or displayed in a user's browser or device.

You understand and agree that ATM.com cannot and will not be responsible for the Content posted on the Services and you use the Services at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for ATM.com, we can stop providing all or part of the Services to you without warning or notice.

7.7 Chargebacks

ATM.com reserves the right to freeze accounts that have funds that have been charged back. A chargeback is a forced transaction reversal initiated by a bank. Chargebacks occur when a bank settles a debt due to loss on a fraudulent or disputed transaction.

ATM.com is not responsible for any third-party fees or losses that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account. Please consult with your bank regarding their chargeback policies.

Attempts to access funds that have been charged back may be suspended if ATM.com deems these transfers to be illegitimate or fraudulent. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regards to ATM Instant Cash advances by disputing or otherwise seeking a “chargeback” from your debit card or issuing bank.

7.8 User Account Termination

We reserve the right to modify or terminate the Services or your access to the Services, including ATM Instant Cash, for any reason, without notice, at any time, and without liability to you. You can deactivate your ATM.com Account by contacting us at https://www.ATM.com/contact or emailing support@ATM.com or closing your Account from within the App. If we terminate your access to the Services or you use the form detailed above to deactivate your account, your account history will no longer be accessible through your account.

We reserve the right to cancel your account and all Services if you dispute a transaction or debit to your Bank Account that corresponds to the terms of that transaction that you previously confirmed and accepted.

Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Users with terminated accounts will not be eligible to create additional accounts, but may, based on internal review, reinstate a previously terminated account. If a user is found with multiple accounts, access to all accounts created are subject to immediate termination.

8. Consent to Use Electronic Signatures and Electronic Communications

“Communications” means any and all agreements, communications, disclosures, notices, records, documents and/or other items that we provide to you, or that you consent or agree to at our request.

“Electronic Communications” means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature.

“Electronic Media” means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.

“Electronic Signature” means any means that is used to indicate Your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box or taking any other action to indicate Your consent and/or agreement on or in any Electronic Media.

8.1 Electronic Signatures and Electronic Communications.

Subject to applicable law, you consent and agree:

To use Electronic Signatures to indicate that you have read and understand, and that You agree and consent to these Terms, our Privacy Policy, and/or any other conditions or agreements that we may provide on any form of Electronic Media;
That any and all Communications that we may send or provide to you (even Communications that we may otherwise be required to send or provide you in paper form) shall be in the form of Electronic Communications;
Each Electronic Communication will be considered to be received by you at the time that we first attempt to send it to you, or if posted on the internet or on a Site or the App within 24 hours after the time that it is posted;
To print and save and/or electronically store a copy of all Electronic Communications that we send to you;
To notify us of Your email address or your mobile device number or other text message address by contacting us;
That the foregoing consents and agreements will remain in effect unless and until you withdraw them in accordance with this Agreement;
That you represent and warrant to us that you have read and understand this Consent to Use Electronic Signatures and Electronic Communications.

8.2 Hardware and Software Requirements

In order to use the Services and to access and retain our Electronic Communications, you need to have, and you represent and warrant to us that you do have, and you consent and agree that at all times you will have, all of the following: (1) a valid email address; (2) a computer, laptop, tablet, smartphone or other device that is Internet-enabled and is connected to the internet: (3) a web browser that includes 128-bit encryption, such as a Current Version of Chrome, Microsoft Edge, Firefox or Safari, with cookies enabled; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader; (5) a computer or device and an operating system capable of supporting all of the above; and (6) data storage to electronically save Communications or an installed printer to print them.

8.3 Use of a Virtual Private Network (VPN) or Proxy Server

A virtual private network (VPN) is a service that can encrypt and route certain network traffic from your device in a way that may hide your IP address from the websites and services you visit, including the ability to determine your physical location. A proxy server acts as a gateway between you and the internet – it’s an intermediary that separates users from the websites and apps they visit primarily for the purpose of data security, network performance, and privacy. The use of the ATM app is strictly limited to users in the Service Area. Using a VPN or proxy server to interact with the ATM App may result in the App blocking your use and access to some or all Services.

8.4. Withdrawal of Consent

You may withdraw your consent to receive Electronic Communications by contacting us. Such withdrawal will be effective only after we have had a reasonable time period to process such withdrawal and it will not apply to Electronic Communications provided by us to you before the withdrawal of your consent becomes effective. If you withdraw your consent, then, except as may be expressly provided otherwise in this Agreement, (a) we will terminate your access to, and your ability to use, the Service, and (b) we will close any account that you may have with us and will return to you any balance that you may have therein. Withdrawal of consent does not, however, restrict the sending of communications required by any court or legal jurisdiction or governmental regulatory agency.

8.5 Changes

We reserve the right, in our sole discretion, (a) to communicate with you in paper form and/or (b) to discontinue to provide you with Electronic Communications, and/or (c) to terminate our Agreement and conditions with respect to Electronic Signatures and Electronic Communications. Subject to any applicable law, we may notify you of any such discontinuance, termination by means of Electronic Communications, by updating this Agreement on the Site or the Services, or by delivering notice by email or text message, or by any other means of Electronic Communications that we may choose in our discretion.

8.6 Contacting Us Regarding Electronic Signatures and Electronic Communications

Please feel free to request information, to request a paper copy of any Electronic Communication that we provided to you, or ask questions regarding our policy on Electronic Signatures and Electronic Communications by contacting us.

9. Messaging

As part of the Services, you may receive communications through the Services, including push notifications, in-app notices, and messages that ATM.com sends you (for example, via email or SMS). When signing up for the Services, you may receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing your wireless number, you confirm that you consent to receiving messages from ATM.com regarding information that ATM.com thinks may be of interest to you, which may include ATM.com using automated dialing technology to text (SMS) you at the wireless number you provided. This consent applies to all telephone numbers you provide to us now or in the future.

You do not have to agree to receive marketing-related, autodialed or prerecorded SMS or texts in order to use and enjoy the App or the Services. If you choose to receive marketing-related prerecorded SMS or texts via long code, you can later opt-out of such marketing-related messages in several ways, including by contacting us at support@ATM.com. Please note that opting out of receiving any form of messaging may impact your use of the Services.

You also understand that you are responsible for any data messaging, texting, and other telecom fees or charges incurred from communications sent by ATM.com. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Carriers are not liable for delayed or undelivered messages.

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 text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number.

You agree to indemnify and hold ATM.com harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

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.

10. Service Availability

Although it is the intention of ATM.com for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

11. Changes to the Services and Terms; Corrections

11.1 ATM.com is constantly evolving to provide the best possible experience for all of our customers, and we reserve the right to change and improve the features and functionality of the Services at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of the Services. Additionally, we reserve the right to suspend or stop the Services altogether.

11.2 We may, from time to time, modify these Terms. Please check this page periodically for modifications. In addition, we may notify you by email or by in-app messaging to your ATM.com Account of any material modification to these Terms. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The modified Terms will take effect after their posting on their effective date, and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Services after any such modification constitutes your binding acceptance of such changes.

11.3 There may be information regarding the Services and these Terms that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

12. Legal Compliance

You acknowledge, consent, and agree that ATM.com may access, preserve, and disclose content you provide us if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process (e.g., a subpoena, court order, or warrant); (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of ATM.com, its agents and affiliates, its users, and the public; or (5) to address your requests.

13. Your Indemnification Obligation

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ATM.COM AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM, LOSS, OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, MADE IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OR OUR PRIVACY POLICY, AND/OR YOUR SUBMISSION, POSTING, OR TRANSMISSION OF CONTENT TO THE SERVICES. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT, YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

14. Disclaimer of Representations and Warranties

YOU AGREE THAT YOUR USE OF THE ATM.COM SITE AND SERVICES IS AT YOUR OWN RISK. EFFORTS BY ATM.COM TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, ARE PROVIDED "AS IS."

WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ATM.COM AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ATM.COM’S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.

15. Limitation of Liability

IN NO EVENT SHALL ATM.COM OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH ATM.COM, INC., THE “ATM ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF ATM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ATM.COM’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT WILL ATM.COM TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $500.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF ANT ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A NEW JERSEY RESIDENT, OR A RESIDENT OF ANOTHER STATE THAT PERMITS THE EXCLUSION OF THESE WARRANTIES AND LIABILITIES, THEN THE ABOVE LIMITATIONS SPECIFICALLY DO APPLY TO YOU.

16. Legal Notices and Special Disclaimers

ATM.COM® is a registered trademark and ANT MONEY™ is an unregistered, common-law trademark of ATM.com, Inc. All other trademarks are the property of their respective owners. GOOGLE PLAY® and the Google Play logo are registered trademarks of Google, Inc. APPLE®, the APPLE logo, and IPHONE® are registered trademarks of Apple, Inc.

ATM.COM IS NOT A BROKER DEALER, WE ARE NOT AN INVESTMENT ADVISER, AND WE DO NOT PURPORT TO AND DO NOT, IN ANY FASHION, PROVIDE INVESTMENT ADVICE, TAX, ACCOUNTING, ACTUARIAL, RECORDKEEPING, LEGAL, OR ANY RELATED SERVICES OR ADVICE. NO CONTENT, MATERIALS, OR INSTRUCTIONS SHOULD BE UNDERSTOOD AS CONSTITUTING A RECOMMENDATION TO ENTER IN ANY SECURITIES TRANSACTION. WE HAVE NO ACCESS TO NON-PUBLIC INFORMATION ABOUT PUBLICLY TRADED COMPANIES, AND WE ARE NOT REGULATED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION.

INFORMATION PROVIDED BY ATM.COM CUSTOMER SUPPORT IS FOR INFORMATIONAL AND GENERAL EDUCATIONAL PURPOSES ONLY AND IS NOT INVESTMENT OR FINANCIAL ADVICE, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. ATM.com does not make any guarantees or representations that your portion of the ATM.com Account will grow to a specific amount or that the Services are appropriate for you and your financial situation.

17. ATM.com Proprietary Content

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

ATM.com Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and ATM.com, ATM.com owns and retains all rights in the ATM.com Content and the Service, with the exception of content that ATM.com has licensed from third parties, which is owned by those third parties. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ATM.com Content. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of our trademarks, service marks and logos. You must avoid any action or omission which may dilute or tarnish our goodwill.

Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the ATM.com Content, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.

The ATM.com name and logo are registered trademarks of ATM.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ATM.com. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of ATM.com, and may not be copied, imitated or used, in whole or in part, without prior written permission from ATM.com.

18. Copyright Infringement Claims

ATM.com respects the rights of all copyright holders and in this regard, ATM.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ATM.com 's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
DMCA Copyright Agent
ATM.com, Inc.
4600 Campus Drive, Suite 107
Newport Beach, CA 92660
Email: dmca@ATM.com

19. Application License and Device Manufacturer Terms

19.1 License Grant for Application

Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable license (i) to download and install a copy of our mobile App on a device that you exclusively control, and (ii) to run such copy of the App solely for your own personal, non-commercial use. We reserve all rights in and to the App not expressly granted to you under these Terms. You may not separate component parts of the App. You may not distribute the App or transfer the App to another person. You may not run any version of the App on a “jailbroken device”; i.e. a device that is enabled to install software other than software that the device manufacturer made available for that device.

19.2 iOS and Google Terms

If you have downloaded our App, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Website malfunctions.

19.3 Additional iOS Terms

You acknowledge and agree that (i) these Terms are binding between you and ATM.com only, and Apple is not a party hereto, and (ii) as between ATM.com and Apple, it is ATM.com that is responsible for the App and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the App must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support platform with respect to the App.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the App to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Apple and ATM.com, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be ATM.com’s responsibility, but only to the extent provided by these Terms and any limitations provided herein. Please read the entire Terms, as other sections of these Terms may limit ATM.com’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

19.4 Additional Google Terms

You acknowledge that Google is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property rights.

20. Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY THIS SECTION 20 INCLUDING ALL SUBSECTIONS 20.1 THROUGH AND INCLUDING 20.10 BELOW. SECTION 20 AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

20.1 Application

You and ATM.com agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 20 (Mandatory Arbitration and Class Action Waiver), is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

20.2 Initial Dispute Resolution

Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@ATM.com and provide a brief, written description of the dispute and your contact information (including your email address and mobile phone number, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with ATM.com, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

20.3 Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in subsection 20.7 below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. THE ARBITRATION WILL BE CONDUCTED IN IRVINE, CALIFORNIA, UNLESS YOU AND WE AGREE OTHERWISE. REGARDLESS OF WHERE THE ARBITRATION IS CONDUCTED, YOU MAY ATTEND BY VIDEO CONFERENCE CALL.

20.4 Arbitrator’s Powers

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

20.5 Filing a Demand

To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 18881 Von Karman Ave. Suite 350, Irvine, CA 92612; and (c) Send one copy of the Demand for Arbitration to us at: ATM.com, Inc., 4600 Campus Drive, Suite 107, Attn: Legal Dept., Newport Beach, CA 92660.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, ATM.com will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, ATM.com will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorney’s fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

20.6 Class Action Waiver

The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ATM.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

20.7 Exception: Litigation of Intellectual Property, Unenforceable Arbitration Award and Small Claims Court

NOTWITHSTANDING THE PARTIES' DECISION TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, EITHER PARTY MAY BRING ENFORCEMENT ACTIONS, VALIDITY DETERMINATIONS OR CLAIMS ARISING FROM OR RELATING TO THEFT, PIRACY OR UNAUTHORIZED USE OF INTELLECTUAL PROPERTY, OR CLAIMS IF THE ARBITRATION PROCEEDING ABOVE IS FOUND TO BE UNENFORCEABLE ONLY IN THE COURTS OF THE STATE OF CALIFORNIA LOCATED IN ORANGE COUNTY, CALIFORNIA OR THE NEAREST FEDERAL COURT LOCATED IN CALIFORNIA. EACH PARTY SUBMITS TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVES ANY OBJECTION THERETO, INCLUDING ANY OBJECTION BASED ON FORUM NON CONVENIENS.

Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

20.8 30-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to ATM.com, Inc., 4600 Campus Drive, Suite 107, Newport Beach, CA 92660, Attn: Arbitration Opt-Out. The notice must be sent within thirty (30) days of your first use of the Services. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, ATM.com also will not be bound by them.

20.9 Changes to This Section

ATM.com will provide thirty (30) days' notice of any changes to this section by posting on the Website. Amendments will become effective thirty (30) days after they are posted on the Website or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services.

20.10 Survival

The provisions of Sections 23 (Governing Law) and 20 (Mandatory Arbitration and Class Action Waiver) shall survive any termination of your use of the Services.

21. Taxes

You are responsible for any applicable taxes associated with income you generate via the Services. All payments from us to you in relation to the Services will be treated as inclusive of tax (when applicable) and will not be adjusted.

In order to comply with all tax authorities, ATM.com reserves the right to disclose revenue information to said authorities when applicable. In addition, we may be required to send users a 1099-MISC form or other applicable tax documents. The filing of tax forms is the sole responsibility of you, the end user. You agree to absolve ATM.com of responsibility for any related filing fees you may incur (for example, being charged a penalty for failing to file said tax forms in a timely manner).

22. Assignment

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

23. Governing Law

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of California.

24. Other Terms

These Terms of Service and any operating rules for the Services established by ATM.com constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of ATM.com, its parent, subsidiaries, other affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Service will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.

Neither ATM.com nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, pandemic, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

ATM.com does not waive any rights regarding fraudulent activity and will actively pursue occurrences of fraud that we detect.

25. Privacy Policy

ATM.com maintains a Privacy Policy that details how we handle, store, and protect data. We incorporate our Privacy Policy into these Terms of Service. Note that we reserve the right to update our Privacy Policy at our discretion, and that any changes made to our Privacy Policy are effective when the updates are published live on the Website or App.

26. California Residents

ATM.com is not currently licensed by the Department of Financial Protection and Innovation. If the Department does decide in the future to license us, and/or require us to make modifications to our cash advance product agreement, such developments may have no impact on your obligations under this agreement.

27. ATM.com Contact Information

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@ATM.com or ATM.com, Inc., 4600 Campus Drive, Suite 107, Newport Beach, CA 92660. When you email us, it is important to use the email address associated with your Account. If you don’t, we will need to verify your identity by alternative means.