Revision Date: April 5, 2022

FCTI ACCOUNT AGREEMENT / TERMS & CONDITIONS

IMPORTANT – PLEASE READ CAREFULLY: 

 THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE (“ARBITRATION PROVISION”) REQUIRING ALL CLAIMS TO BE RESOLVED THROUGH BINDING ARBITRATION AND WAIVING YOUR ABILITY TO PARTICIPATE IN CLASS ACTION LAWSUITS OR ARBITRATIONS. YOU MAY REJECT THE ARBITRATION PROVISION BY SENDING US WRITTEN NOTICE WITHIN 45 DAYS AFTER YOUR FIRST CARD PURCHASE.

AS A CONDITION OF THE ACCOUNT, YOU MUST CONSENT TO AND HAVE THE ABILITY TO RECEIVE ELECTRONIC DISCLOSURES. IF YOU WITHDRAW THAT CONSENT AT ANY TIME, WE WILL CLOSE YOUR ACCOUNT AND SEND YOU YOUR REMAINING ACCOUNT BALANCE AFTER ANY PENDING TRANSACTIONS HAVE CLEARED.

CUSTOMER SERVICE CONTACT INFORMATION:

Address: 11766 Wilshire Blvd, Suite 300, Los Angeles, CA 90025

Website: www.taptmoney.com

Mobile Application: TAPT

Toll-Free Customer Service Number: 1-800-454-2317

1.  AGREEMENT

This FCTI Demand Deposit Account Agreement (“Agreement”), which includes the Fee Schedule and any amendments or additional disclosures we may provide to you, is a contract between you, the accountholder, and Sutton Bank, an insured bank chartered under the laws of the state of Ohio (Sutton Bank or “Bank,” also referred to as “we” or “us”). Sutton Bank is not affiliated with FCTI, Inc. (“FCTI”). 

This Agreement states the terms and conditions governing your FDIC insured FCTI Demand Deposit Account (“Account”), including the related debit card. The debit card may be either a plastic card, a virtual card that can be added to your mobile wallet, or a number to be used in making remote transactions (in either case, the “Card”).  The Account allows you to deposit funds into an FDIC insured bank account. The headings used throughout this Agreement are provided solely for your convenience, and do not define or modify the meaning of any term. Please keep a copy of this Agreement for future reference.

YOU AGREE TO BE BOUND BY THIS AGREEMENT WHEN YOU CLICK IN THE BOX INDICATING THAT YOU HAVE READ AND AGREE TO THIS AGREEMENT OR USE THE ACCOUNT IN ANY WAY, INCLUDING BY USING THE CARD.  YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY. PLEASE VISIT WWW.TAPTMONEY.COM (THE “WEBSITE”) TO VIEW, PRINT, AND SAVE THIS AGREEMENT AND HTTPS://WWW.SUTTONBANK.COM/_/KCMS-DOC/85/49033/WK-PRIVACY-DISCLOSURE-1218.PDF TO VIEW, PRINT, AND SAVE OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE ACCOUNT. 

This Agreement is made under Ohio law, and is subject to Ohio law and applicable federal law. If any portion of this Agreement is found unenforceable, the rest of the Agreement, without the unenforceable term or terms, will continue in full force and effect.  You consent and submit to the exclusive jurisdiction of the state and federal courts located in Ohio, with respect to all controversies arising out of or in connection with this Agreement that are not subject to arbitration or to any proceeding to enforce the Arbitration Clause or to confirm or vacate an arbitration award. 

To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Card, Account, or this Agreement without our prior written consent.

2. DEFINITIONS

Below are some other important terms used in this Agreement:

“ACH” or “Automated Clearing House” refers to automatic payments transferred to your account through an automated clearing house network, including Direct Deposits.

“ATM” means an electronic teller machine at which funds can be withdrawn, account balance information can be viewed, and other permitted banking transactions can be performed.  

“Available Balance” means the amount of money in your Account that is available for immediate use or withdrawal.

“Business Day” means Monday through Friday except federal holidays on which the Cleveland Federal Reserve Bank is closed for business.

“Card PIN” means the personal identification number that you assign to your Card.

“Card Network” means the applicable payment card network brand.

“Check” means a legal document directing a bank to pay a specific sum of money to the named recipient upon demand. 

“Direct Deposit” means a deposit made to your Account through an ACH network. 

“FCTI” refers to FCTI, Inc. and has the meaning given to that term in the TAPT Terms and Conditions located at taptmoney.com/terms-and-conditions.

“TAPT App” means the app offered and maintained by FCTI that allows you to view information on your Account and receive any other products and services offered by FCTI.

“You”, “your”, and “Accountholder” mean the person who submits an initial request for an Account and is authorized to use the Account as provided for in this Agreement.

Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so that the singular includes the plural, and the plural includes the singular. 

3. FEE SCHEDULE

There are no fees associated with your Account or Card.

4. ACCOUNT OPENING

Important Information About Opening An Account

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you: When you open an Account, we will ask for your name, address, date of birth, taxpayer identification number, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. We may also request additional identifying information and documentation from time to time in connection with your access to certain Account features, functionality, or services. 

After your Account is opened, we may ask again to see a copy of your driver’s license or other identifying documents at any time if we deem it necessary to verify your identity, address, or transactions on your Account. If we ask for specific identifying documents, we will have the right to immediately close or suspend your Account if those specific documents are not provided.

5. ADDRESS AND NAME CHANGE

You are responsible for notifying us of any change in your name, physical address, phone number, mailing address, or email address. Requests for address or name changes may be subject to additional verification requirements. You may change this information by contacting us through www.taptmoney.com or by calling Customer Service at 1-800-454-2317.  

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you. 

We cannot accept responsibility for any email messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your email account available to any other individual, you agree that you are responsible for any release of your Account information to such individual.

6. ACCOUNT OWNERSHIP AND USE

Individual Ownership. You agree that your Account is owned solely by you, in your personal capacity, and not jointly or co-owned, or as trustee or custodian for anyone else. By accepting this Agreement, you agree and acknowledge that you do not have the ability to designate any beneficiaries, including in the event of your death. This means that if you die the funds in your Account will become part of your estate, and ownership of your funds will not transfer by operation of this Agreement. You further agree that to the fullest extent permitted by applicable law, you, or your estate in the event you die, will be liable for our legal expenses and other costs relating to any disputes regarding the ownership of your Account, which we may deduct from your Account without notice to you or your estate, as applicable.

Personal Use

Your Account is intended solely for your personal use and you agree not to use it for any business purpose.

7. DEPOSITING FUNDS TO YOUR ACCOUNT AND FDIC INSURANCE

You acknowledge and agree that the value available in your Account is limited to the funds that you have deposited into your Account or that have been deposited to your Account on your behalf. You will not receive any interest on your funds in the Account. The Card is not a credit card, and your use of the Card will not enhance your credit rating.

You may deposit funds to your Account in the following ways and no other:

Direct Deposit 

You may choose to arrange to have all or a portion of your paycheck, government benefits payment, tax refund check, or other electronic funds transfer deposited to your Account using the Automated Clearing House system. Direct Deposits may be made on a one-time or a repeat basis based on the terms of your agreement with the party sending the Direct Deposit on your behalf. 

ACH Transfer

You may arrange for the transfer of funds originating from a financial institution located in the United States.  

All deposits to your Account must be made using the methods for making deposits described above. Sutton Bank will not accept any checks, money orders, inbound wire transfers, or cash mailed or otherwise delivered to us, including if delivered to us in person at a Sutton Bank retail office. You agree that we are not responsible for intended deposits that are not submitted in accordance with this Agreement. We reserve the right to reject any deposit for any reason, including due to possible fraud or other suspicious activity. Please consult the Fee Schedule to determine what fees will apply before making a deposit. The amount of fees, if any, may vary depending on the type of deposit you make.  

FDIC Insurance 

The funds in your Account are held in a pooled account at Bank. Those funds are eligible for FDIC insurance up to $250,000 on a pass-through basis and do not pay any interest. The availability of FDIC insurance is contingent upon FCTI maintaining accurate records and determinations of the FDIC as receiver at the time of a receivership if Bank should fail. Such coverage is subject to aggregation of all of your deposits held at Bank. 

For further information about deposit insurance generally, you may write to the FDIC at 550 17th Street, N.W., Washington D.C. 20429, telephone the FDIC’s toll-free hotline at 877-275-3342, or visit its website at www.fdic.gov.

8. DEPOSIT LIMITS AND MAXIMUM PERMITTED ACCOUNT BALANCE

You may deposit up to $7,500 per transfer up to a maximum permitted Account balance of $20,000 using any one method or combination of methods for making deposits described in the “Depositing Funds to Your Account” Section.

9. FUNDS AVAILABILITY

Funds deposited in any of the ways described in the “Depositing Funds to Your Account” Section will generally be available for use on the Business Day we receive the deposit; provided, however, that we reserve the right to delay the availability of Direct Deposits in order to verify the external account from which the deposit is being sent or to collect payment of the funds. In addition, we will only provide provisional credit until collection is final for any deposit, and may reverse a deposit (see the “Subsequent Reversals of Deposits” Section), even if you have already spent the funds.

If your employer or other sender of recurring Direct Deposits notifies us about a transmission error or other problem with their systems, your access to the affected deposit or deposits may be delayed. In general, you should have access to such funds within five (5) Business Days, depending on how quickly the problem is resolved.

10. NOTICE OF DEPOSITS

You will receive notice that a deposit has been credited on you next Account statement. You may also see whether a deposit has been credited by checking your Account balance using your TAPT App.

11. SUBSEQUENT REVERSALS OF DEPOSITS

If you make a Direct Deposit and the paying bank either fails to make payment or subsequently requests a return of the funds, including due to fraud, mistake, insufficient funds, or any other reason, we may subtract the funds from your Account even if you have already spent them. You agree to pay us the amount of any and all reversed or returned deposits by deducting the applicable funds from your Account. You further agree that we are not responsible for any adverse consequences you may suffer as the result of deposits being reversed or returned as described in this paragraph. 

12. OVERDRAFTS NOT PERMITTED

This Account does not allow you to have overdrafts and we may close your Account in our sole discretion if it becomes overdrawn for any reason or in any amount. This means that you are not permitted to create a negative Account balance, including by overspending using your Card. It is your responsibility to know whether you have sufficient available funds in your Account before using your card or authorizing a preauthorized debit. If a transaction exceeds your Account balance and causes your Account to be overdrawn, including because the retailer or merchant does not request authorization for a Card transaction or your available Account balance is insufficient to cover a preauthorized debit, you will be liable to us for the amount of that transaction. Your Account may also become overdrawn if a deposit is reversed. The amount of any overdrafts plus the amount of any overdraft fees will be deducted from your Account as soon as funds are available. If you fail to add promptly to your Account sufficient funds in the amount of any overdrafts and applicable overdraft fees, then to the fullest extent allowed by applicable law, you will be responsible for our reasonable costs incurred in collecting all amounts owed by you under this Agreement, including our reasonable attorney fees and costs. You may use your Account while it is in overdrawn status, and use will remain suspended until you have restored a positive Account balance. 

13. WITHDRAWALS

You may withdraw funds from your Account in the ways described below and no other. Please consult the Fee Schedule for the fees that may apply.

14. ELECTRONIC COMMUNICATIONS

YOU AGREE TO ACCEPT ELECTRONIC COMMUNICATIONS INCLUDING ALL RECORDS, NOTICES, AND STATEMENTS, STATEMENTS WHEN YOU CLICK IN THE BOX INDICATING THAT YOU AGREE TO RECEIVE ALL DISCLOSURES AND COMMUNICATION ELECTRONICALLY FROM FCTI. By accepting and agreeing to receive electronic communications, you represent that: (1) you have read and understand this consent and have the necessary hardware and software to receive communications electronically, and (2) you agree that your consent will remain in effect until it is withdrawn. 

You may withdraw your consent to receive further communications electronically at any time by contacting us through the customer service contact information listed in the beginning of this Agreement. If you withdraw such consent, we reserve the right to close your Account and mail you your remaining Account balance. Any withdrawal of consent to receive communications electronically will be effective only after we have a reasonable period of time to process your withdrawal request. Please note that your withdrawal of consent will not apply to any Communications electronically sent to you before your withdrawal request has been processed.

15. STATEMENTS AND COMMUNICATIONS

You are responsible for keeping track of your Account balance.  Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction.  

You may obtain information about the amount of money you have remaining in your Account by accessing your account on the TAPT App. We will make a monthly account statement available to you electronically for any monthly cycle in which you have transactions on your Account, and in no event less than on a quarterly basis. The specific dates covered by your account statement will be shown on the statement. This information, along with a 12-month history of account transactions, is also available. You also have the right to obtain at least 24 months of written history of account transactions by writing us at 11766 Wilshire Blvd, Suite 300, Los Angeles, CA 90025. If you require a paper copy of your statement you may request it through the customer service contact information listed at the beginning of this Agreement.

16. RECEIPT OF CARD AND ACTIVATION

Once you have successfully registered your debit card, you can receive a virtual card that you can use in your mobile wallet, or at your option, we will mail you a plastic, personalized Card with your name on it to the mailing address we have on file. When you receive the personalized card, you will need to activate it and choose a personal identification number, or PIN. You can do this by following the instructions that you will receive with the card. Each personalized card issued to you must be signed immediately upon receipt. Cards may by activated by calling 1-800-454-2317. YOU CANNOT USE YOUR PERSONALIZED CARD TO PERFORM TRANSACTIONS UNTIL YOU HAVE ACTIVATED YOUR PERSONALIZED CARD AND SELECTED A PERSONAL IDENTIFICATION NUMBER (“PIN”), IF APPLICABLE, PURSUANT TO THIS AGREEMENT. 

The front or back side of each personalized card will have a stated expiration date. The card will expire, in accordance with applicable law, on that expiration date. If your Account is in good standing we will issue you a new personalized card when your Card expires. Any personalized cards you may receive will remain our property and cannot be sold or transferred to anyone else. Cards may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law. We may additionally revoke or suspend any Card features or services at any time without cause or notice. You cannot use your Card if it has been revoked or has expired, and you must return your revoked Card to us upon demand. You are required to notify us promptly if your Card is lost or stolen. 

17. CARD USE

You may use your Card to purchase or lease goods or services anywhere Mastercard® debit cards are accepted. If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. 

If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $75.00 or more. If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier.

If you use your Card at a restaurant, a hotel, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. 

Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. 

Once the final payment amount is received, the preauthorization amount on hold will be removed.  It may take up to seven (7) days for the hold to be removed.  During the hold period, you will not have access to the preauthorized amount.

18. UNAUTHORIZED ACCOUNT ACTIVITY

Your Account is intended for personal use, and we may cancel your Account if we determine that it is being used for business purposes. You may not use your Account for any online gambling, escort services, or any illegal transaction. You specifically agree that you will not use your Account at unlawful domestic or international gambling web sites, or at payment processors supporting unlawful gambling web sites, or to purchase illegal goods or services. We reserve the right to block, suspend, or cancel your Account, or block any Card transaction, if, as a result of our policies and processes, we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity inconsistent with this Agreement. If we suspect your Account is being used for any unauthorized or unlawful purposes, you agree that we may immediately revoke your Card and close your Account. We may also suspend your Card temporarily in the event we detect unusual or suspicious activity. You agree that if we choose to exercise any of these rights, we will incur no liability to you.

19. CARD PIN

You will select your PIN during the registration process when activating your card by following the instructions in the TAPT App. Only one PIN will be issued for each Card. Never share your PIN with anyone. Do not write your PIN on your Card or keep your PIN with your Card. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the Section labeled “Your Liability for Unauthorized Transfers.”

20. CARD REFUNDS AND RETURN

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. The exchange or return of merchandise purchased in whole or in part with the Card will be governed by the procedures and policies of each merchant and applicable law. At the time of any exchange or return, you should present both the merchandise receipt and the Card. 

If you receive a credit, the credit may not be added to the available funds on the Card for seven (7) business days. 

Neither the Bank, the Card Network, the Processor, FCTI, nor their respective affiliates, employees or agents are responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card or any damages resulting directly or indirectly from the use of the Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

21. CARD REPLACEMENT

If you need to replace your Card for any reason, please contact us through the customer service contact information listed at the beginning of this Agreement to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc. We reserve the right to require an affidavit signed by you and conduct an investigation into the validity of any request. 

It may take up to thirty (30) days to process a request for a replacement Card although we will endeavor to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances. 

22. CARD EXPIRATION

The Card plastic is valid through the expiration date shown on the front or back of the Card, except where prohibited or modified by applicable law. The funds associated with the Card do not expire. You will not be able to use your Card after the expiration date; however, you may request a replacement Card at no cost to you by following the procedures in the Section labeled “Card Replacement.” The new Card will have a value equal to the remaining balance of the expired Card.

23. FOREIGN CURRENCY TRANSACTIONS

If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by the Card Network into an amount in the currency of your Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Mastercard from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Mastercard itself receives, or the government-mandated rate in effect for the applicable central processing date. 

24. RECEIPTS

You should receive a receipt each time you make a transaction using your Card.  You agree to retain, verify, and reconcile your transactions and receipts.

25. REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or lawfully residing in the U.S., Puerto Rico, or the District of Columbia (with a valid U.S. tax I.D.); (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us is true, correct, and complete; (v) you received  a copy of this Agreement  and our Privacy Policy and agree to be bound by and to comply with its terms; and (vi) you accept the terms of this Agreement.

26. DISCLAIMER OF WARRANTIES 

EXCEPT FOR ANY EXPRESS WARRANTIES WE PROVIDE IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE ACCOUNT OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Account.

27. LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE TOTAL AMOUNT IN YOUR ACCOUNT.

28. UNCLAIMED PROPERTY

Applicable law may require us to report to state government authorities any funds remaining in your Account after a certain period of inactivity. In that event, we may try to contact you at the address shown in our records. If we are unable to contact you, we may be required to transfer any funds remaining in your Account to state government authorities as unclaimed property.

29. CONFIDENTIALITY

We may disclose information to third parties about your Account or the transactions you make:

(1) Where it is necessary or helpful for completing transactions;

(2) In order to verify the existence and condition of your Account for a third party, such as merchant;

(3) In order to comply with government agency, court order, or other legal or administrative reporting requirements; 

(4) If you consent by giving us your written permission;

(5) To our employees, auditors, affiliates, service providers, or attorneys as needed; 

(6) In order to prevent, investigate or report possible illegal activity;

(7) In order to issue authorizations for transactions on your Card; 

(8) As permitted by applicable law; or

(9) Otherwise as necessary to fulfill our obligation under this Agreement.

Please see our Privacy Policy, available at https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-1218.pdf, for further details.

30. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

If we do not properly complete a transaction from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

(1) If through no fault of ours, you do not have enough funds available in your Account to complete a Card transaction; 

(2) If a merchant refuses to accept your Card;

(3) If an ATM where you are making cash withdrawal does not have enough cash;

(4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;

(5) If access to your Account has been blocked after you reported your Card lost or stolen;

(6) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use; 

(7) If we have reason to believe the requested transaction is unauthorized;

(8) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

(9) For any other exception stated in our Agreement with you or by applicable law.

31. YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

Lost or Stolen Card or Account Information

Contact us at once if you believe your Account credentials have been accessed without your authorization or your Card has been lost or stolen.  

Call us at the Customer Service number 1-800-454-2317.

Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, call us at the Customer Service number 1-800-454-2317. We will inactivate your Card and send you a replacement Card.  In some cases, we may close your Account to keep losses down.  Upon your request, we may provide you with a replacement Account.

Statement Errors

If you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the Section labeled “Your Right to Dispute Errors.”  

If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Account. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. 

You may also be entitled to additional protections from Mastercard, if eligible. 

32. AMENDMENT AND CANCELLATION

We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on our website at www.taptmoney.com and any such amendment shall be effective upon such posting to that website. 

The current Agreement is available at www.taptmoney.com. 

You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Account at any time. You may cancel this Agreement by contacting Customer Service. Upon cancellation of your Account, we will continue to honor Card transactions you have made up until your cancellation is processed in accordance with this Agreement, which may take up to forty-five (45) days following the cancellation of your Account, during which regular fees will apply. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

In the event that your Account is cancelled, closed, or terminated for any reason, you may request the unused Account balance to be returned to you via a check to the mailing address we have in our records. There is no fee for this service.  We reserve the right to refuse to return any unused balance amount less than $1.00.  Any request for a return of funds shall be processed within a reasonable period of time after your request.

33. OVERPAYMENT

We reserve the right to deduct funds from your Account in order to correct a previous error or overpayment to you.

34. YOUR RIGHT TO DISPUTE ERRORS

Transaction Errors

In case of errors or questions about your electronic transactions, call 1-800-454-2317.

Statement Errors

If you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt call us at 1-800-454-2317. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared.   

You may request a written history of your transactions at any time by calling us at 1-800-454-2317 or emailing us at support@taptmoney.com. You will need to tell us:

1. Your name, Account number, and Card number (if applicable)
2. Why you believe there is an error, and the dollar amount involved
3. Approximately when the error took place

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Account.

Investigation

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, we may take up to forty-five (45) days to investigate and close your complaint or question. If we decide to do this, we will credit your Account within ten (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 to complete the investigation.

New Card or Point-of-Sale transaction errors

For errors involving new Accounts, point-of-sale, or foreign-initiated transactions we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is in error.

We will tell you the results within three (3) business days after completing the investigation. 

If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section. If you need more information about our error-resolution procedures, contact us at 1-800-454-2317 or support@taptmoney.com.

Error Resolution Timeline 

35. NO WARRANTY OF UNINTERRUPTED USE

From time to time Account services may be inoperative, and when this happens, you may be unable to use your Account or obtain information from your Account, including your available Account balance. Please notify us at the Customer Service number stated above if you have any problems using your Account. You agree that neither the Bank, the Card Network, FCTI, nor any of their respective affiliates, employees, or agents are responsible for any interruption of service.

36. WEBSITE AND MOBILE APPLICATION AVAILABILITY

Although considerable effort is expended to make our website, mobile application, and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, mobile application updates, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

You agree to act responsibly with regard to our website, mobile application, and their use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the website or mobile application’s systems and integrity.

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.

37. ENGLISH LANGUAGE CONTROLS

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

38. CUSTOMER SERVICE

For customer service or additional information regarding your Account, please contact us 1-800-454-2317 or support@taptmoney.com.  

Customer Service agents are available twenty-four (24) hours a day, seven (7) days a week to answer your calls.

39. TELEPHONE MONITORING/RECORDING

You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.

40. ENTIRE UNDERSTANDING

This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter.

41. ARBITRATION CLAUSE

You or we may elect to resolve any claim by an individual arbitrator. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, you and we hereby waive the right to litigate the claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. 

Any claim, dispute, or controversy (“Claim”) between you and us arising out of or relating in any way to this Agreement, your Account, your Card, your purchases using the Card, your other use of the Card, or other Account transactions or use thereof, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.

We will pay all fees associated with administration of arbitration, including fees to commence the arbitration. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

This Arbitration Clause shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity.  If any portion of this Arbitration Clause is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.  Any different agreement regarding arbitration must be agreed to in writing.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

Solely for purposes of this Arbitration Clause, “We” or “Us” shall mean Sutton Bank, and its respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the Card or Account.

You may reject this Arbitration provision by sending a written rejection notice to us at: 11766 Wilshire Blvd, Suite 300, Los Angeles, CA 90025. Your rejection notice must be mailed within 45 days after your first card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the agreements for any other currently open FCTI accounts you have will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this section or the Agreement. 

The FCTI Mastercard® debit card is issued by Sutton Bank, Member FDIC, pursuant to a license from Mastercard.  Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.