TERMS OF SERVICE
TAPT APP TERMS OF SERVICE
These Terms of Service were last updated on November 24, 2021.
NOTICE OF ARBITRATION PROVISIONS:
Your use of our Site, the App or other Service is subject to binding individual arbitration of any disputes which may arise, as provided in Section 22 below. Please read the arbitration provisions carefully and do not use our Site or other Service if you are unwilling to arbitrate any disputes you may have with us as provided below.
The Tapt App website (the “Site”) and mobile application (the “Tapt App” or “App”) is operated by FCTI, Inc. (“FCTI”). Throughout the Site and the App, the terms “we,” “us” and “our” refer to FCTI. FCTI offers the Site and the App, including all information, tools, products and services (collectively, the “Service” or “Services”) available from the Site or the App to the user (“you” or “your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The Services include access to a deposit account (“Deposit Account”), debit card (“Card”), and small-dollar credit line (“SDC”) that you apply for and establish with Sutton Bank, as well as financial health tools, bank account aggregation and credit monitoring and reporting. By visiting our Site and/or the App, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”).
If you do not agree to these Terms, please do not use the Site, the App or other Service.
SECTION 1 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You may not use the Services if you are under 18 years of age.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site or the App through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – CONSENT TO CONTACT
You consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including calls using pre recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing systems or automatic texting systems. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine or voicemail.The previous excludes mobile numbers captured via SMS.
You consent to receive calls, and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific numbers you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture, or other means), with information or questions relating to you, your account, or the Services. We may also send you promotional messages, referral opportunities, and information allowing you to enter into sweepstakes. The previous excludes mobile numbers captured via SMS.
You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. Consent to receive SMS messages is not required as a condition of purchase.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com or 800-454-2317.
Carriers are not liable for delayed or undelivered messages
If you choose to download the Tapt app you will receive one text message with a link to a landing page where you can download the Tapt app.
If you opt-in to receive Tapt account related text notifications, message frequency varies.
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
SECTION 4 – FCTI IS NOT AN ADVISOR
The Services are generally designed to serve as an administrative platform only, providing you facilities and information for you to manage and make decisions about your finances. We are not a financial advisor, and the Services are not designed or intended to offer financial advice of any kind. You acknowledge and agree that you are not relying on us to provide advice regarding any financial matter.
SECTION 5 – CREDIT REPORT CONSENT
You authorize FCTI to request and obtain a consumer report from a consumer reporting agency containing information about you, from time to time, for any purpose permitted by applicable law, including for use in connection with a credit transaction, to display your credit profile to you, to confirm your identity to avoid fraudulent transactions in your name, to review your account to determine whether you continue to meet the terms of your account, and for other legitimate business needs in connection with a transaction initiated by you. You further authorize FCTI to send you updates to your consumer report and notifications related to your credit profile via push notifications, in-App messages, emails, and text messages.
SECTION 6 – AGREEMENTS WITH BANK
Your Deposit Account, Card, and SDC are provided by Sutton Bank and are governed by the Sutton Bank Deposit Account Agreement (“Deposit Agreement”) available here and Sutton Bank Line of Credit Agreement (“Credit Agreement”) available here. By signing up for the Services or conducting any transaction involving either your Deposit Account, Card or SDC, you agree to the terms in the Deposit Agreement and Credit Agreement.
SECTION 7 – USE OF MOBILE DEVICES
The Services include certain services that are available via a mobile device, including the ability to upload content to the Services using a mobile device, browse the Services from a mobile device, and access certain features through the App when it is downloaded and installed on a mobile device. To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. By using our App, you agree that we may communicate with you by SMS, MMS, when you opt-in as referenced in SECTION 2, or other electronic means to your mobile device, and, as a result, that certain information about your usage of our App may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to a person who acquires your old number.
SECTION 8 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site or the App is not accurate, complete or current. The material on the Site or the App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site or the App is at your own risk.
The Site and the App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site or the App at any time, but we have no obligation to update any information on our Site or the App. You agree that it is your responsibility to monitor changes to our Site and the App.
SECTION 9 – MODIFICATIONS TO THE SERVICE AND FEES
Fees for the Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Site, the App or the Service (or any part, product or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site, the App or the Service.
SECTION 10 – PRODUCTS OR SERVICES
We reserve the right in our sole discretion, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on the Site or the App is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 11 – ACCURACY OF ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all Services you sign up for. You agree to promptly update your account and other information, including your email address and payment account information, so that we can complete your transactions and contact you as needed.
SECTION 12 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site or the App is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the Site or the App (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 13 – THIRD-PARTY PRODUCT PROVIDERS
We use third parties to gather and verify information about your financial accounts, including obtaining your authority and right to access these accounts, as well as manage and initiate transactions involving your accounts. You authorize us and these third parties to access the websites and sources of your financial accounts, on your behalf, and to gather information about you. You agree to the transfer, storage, and processing of your information by these third parties in accordance with their respective privacy policies. You give us and these third parties a limited power of attorney and appoint us and these third parties as your true and lawful attorney-in-fact, and agent, with full power of substitution and resubstitution, for you and in your name and place, in any capacity, to access third-party websites and sources, servers, or documents, retrieve information, and use this information, with full power and authority, to do anything with the information in connection with the Services. You license to us and these third parties any information, data, passwords, materials, or other content gathered. You agree that we and these third parties may use, modify, display, and distribute this content, create new material with it, and do the same with any new material. You understand and agree that our Services are not endorsed or sponsored by these third parties and that these third parties are third-party beneficiaries of these Terms with respect to the products and services provided by these third parties.
SECTION 14 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on the Site or the App may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties, including but not limited to payment settlement services.
We are not liable for any harm or damages related to the purchase or use of goods, the Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 15 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, the Site or the App. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 16 – PERSONAL INFORMATION
SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or the App or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Site or the App or in the Service is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on the Site or the App, including without limitation, fee information, except as required by law. No specified update or refresh date applied in the Service or on the Site or the App should be taken to indicate that all information in the Service or on the Site or the App has been modified or updated.
SECTION 18 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service, the Site, the App or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Site, the App, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, the Site, the App, other websites, or the Internet. We reserve the right to terminate your use of the Service, the Site or the App for violating any of the prohibited uses.
SECTION 19 – NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
SECTION 20 – SPECIAL TERMS REGARDING APPLE-ENABLED SOFTWARE APPLICATIONS
We offer software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary.
SECTION 21 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
While FCTI uses reasonable efforts to include up to date information on the Site, the App and the Service, FCTI makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
FCTI PROVIDES THE SITE, THE APP, THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ON (EXCEPT AS EXPRESSLY STATED BY US) AN “AS IS” AND “AS AVAILABLE” BASIS. FCTI, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, ATTORNEYS AND EMPLOYEES (COLLECTIVELY, THE “FCTI PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FCTI DOES NOT WARRANT THAT THE SITE, APP OR SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR OTHER PRODUCTS YOU USE. YOUR USE OF THE SITE, APP AND SERVICE IS SOLELY AT YOUR RISK.
NONE OF THE FCTI PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, THE APP, ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF FCTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE FCTI PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE, APP OR SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE FCTI PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE, APP AND SERVICE OR THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO FCTI FOR THE SERVICE OR PRODUCT IN QUESTION.
SECTION 22 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the FCTI Parties from and against any claim, demand, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the FCTI Parties, made by any third-party due to or arising out of your use of the Site, the App or the Service or any alleged breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. If you are obligated to indemnify any of the FCTI Parties, FCTI may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of FCTI.
SECTION 23 – BINDING ARBITRATION OF ALL DISPUTES
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Site, the App or other Service, (ii) any purchases or other transactions or relationships with FCTI, or (iii) any data or information you may provide to FCTI or that FCTI may gather in connection with such use, interaction or transaction (collectively, “FCTI Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site, the App or other Service, you agree to binding arbitration as provided below.
SECTION 24 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site and App.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate your use of and access to the Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). FCTI shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Site, App or Service. Termination, suspension, or cancellation of your use of the Service shall not affect any right or relief to which FCTI may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to FCTI.
SECTION 25 – GENERAL
SECTION 26 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.