TERMS AND CONDITIONS FOR YOUR SLOPE TECH INC. (“SLOPE”) DEBIT CARD. IMPORTANT CARD INFORMATION – PLEASE READ.
AS SET FORTH BELOW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE “DISPUTE RESOLUTION” PROVISION CONTAINED IN THIS AGREEMENT. THIS AGREEMENT ALSO INCLUDES A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL. PLEASE READ THE “DISPUTE RESOLUTION” SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY US. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By using your Card, you acknowledge your understanding and agreement to the following terms and conditions. Please read this Agreement carefully and keep it for future reference.
Contact Us:
- You may contact us any time by emailing us at support@slopepay.com.
- You may call us at (415) 376-8865 between the hours of 7 a.m. and 9 p.m. Pacific Time, 7 days a week.
- You may write to us at Slope Tech, Inc., 600 Harrison Street, Suite 250, San Francisco, CA 94107.
1. Agreement
This Slope Debit Card Cardholder Agreement (“Agreement”) is made between you (“you”, “your”) and Lead Bank (“Bank”, “we”, “us”, “our”) and governs the use of your MasterCard® debit card (“Card”) issued by the Bank provided to you under this Agreement (collectively, your “Account”). This Agreement includes and incorporates by reference our Privacy Policy and materials provided to you before and when you applied for and/or opened your Account, and any supplements or amendments to this Agreement. Your Card is offered to you in partnership with Slope Tech, Inc. (“Partner”), which provides services to you and the Bank in connection with your Card. Unless otherwise specified, the terms “we”, “us” and “our” in this Agreement refer to Bank, Partner and their respective successors, affiliates, assignees and our third-party service providers.
Use of your Card remains subject to Partner’s Terms of Service as updated from time to time (“Partner’s Terms of Service”) and Partner’s Privacy Policy as updated from time to time (“Partner’s Privacy Policy”), and any other agreements between you and Partner that apply to your use of products and services provided by Partner, and any other features, technologies, and/or functionalities offered by Partner on its website, mobile app, or through any other means. This Agreement is provided to you in electronic format and you agree to the terms contained herein. Partner may offer other services to you which are not governed by this Agreement. Those products and services are not provided by the Bank, except as otherwise stated in an agreement you have with us, and we disclaim responsibility for all such products and services to the fullest extent permitted by law.
Please read this Agreement carefully and retain it for future reference. By applying for, opening, using or continuing to use your Card, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with your Card or Account. Continued use of your Card or Account means your ongoing agreement to this Agreement, as amended from time to time. By continuing to use your Card, you further agree to pay any fees due and outstanding associated with the Card, including giving us the right to collect such fees directly from your Linked External Account (defined below). You understand that the financial institution holding your Linked External Account may charge fees that are outside the scope of this Agreement and outside of the scope of your relationship with the Bank and Partner. For example, if you authorize us to debit your Linked External Account and it does not have sufficient balance to cover the amount of the transaction, your financial institution may charge you an overdraft fee, insufficient funds fee, returned-item fee, or interest or fees on an overdraft line of credit you may have. Neither Bank nor Partner is responsible for any fee charged by the Lender, by the financial institution holding your Linked External Account under your agreement with them, or by any other party. In addition, your Lender may charge you interest, fees, and other finance charges for your Loan, as set forth in the Loan Agreement with the Lender.
You are responsible for the accuracy and completeness of all information supplied to the Bank and Partner in connection with the Account, your Card, and the Bank’s and Partner’s services. This Agreement does not create a fiduciary relationship between you and the Bank. You will, if applicable, receive a separate set of Account Disclosures which will include schedule of transaction limits, and fees applicable to the Card, if they are not included in this Agreement, which are incorporated into this Agreement by reference.
If there is a conflict between this Agreement and any other document or statement made to you concerning your Card, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you by the Bank concerning any services or products other than the Card and related banking services provided by the Bank, the separate terms and conditions applicable to that service or product will govern.
2. Online Services
The Account and your related Card activity and services are accessed through our Partner’s website (“Online Services”). Neither the Bank nor Partner is responsible for any costs you incur to maintain internet access, mobile device data and telecommunication services, or an email account. You may not access your Account or receive services related to your Card by visiting a Bank branch or location.
3. Electronic Consent
By electronically accepting the terms of this Agreement, you acknowledge and agree that such electronic signature is valid evidence of your consent to be legally bound by this Agreement and such subsequent terms as may govern the use of your Card. The use of an electronic version of any document fully satisfies any requirement that the document be provided to you in writing. You accept notice by electronic means as reasonable and proper notice, for the purpose of any and all laws, rules and regulations.
4. Amendments and Modifications
This Agreement may be amended or changed by the Bank in its sole discretion at any time by posting the amended documents (including this Agreement) on the Bank’s website or the Online Services, or notifying you of the amendments using any of the contact information we have on file for you. And any such amendment will be effective upon such posting to the Online Services, upon sending you a notice of the change, or on the effective date specified in the notice of the change. The current Agreement is available at https://www.slopepay.com/card_agreement. For any adverse changes to this Agreement, if required by applicable law, we will provide you reasonable notice in writing or by any method permitted by law. However, if a change is made for security purposes, such change can be implemented without prior notice. Your continued maintenance or use of the Card after the change will be deemed acceptance of any change and you will be bound by it. To reject the change, you must stop using your Card and any other access device we make available to you under this Agreement before the effective date of the change. Your termination of this Agreement does not affect any of our rights or your obligations arising under this Agreement prior to such termination.
5. Our Privacy Policy
Your privacy is very important to us. All services offered by Partner in connection with your Card, including the Online Services, and by Bank are subject to Partner’s Privacy Policy and the Bank’s Privacy Policy. Please carefully review Partner’s Privacy Policy and the Bank’s Privacy Policy for more information. Partner’s Privacy Policy is available at https://slopepay.com/privacy, and the Bank’s Privacy Policy is available at https://www.lead.bank/privacy-and-terms.
6. Purpose of Transactions - Commercial Use Only
Your Account may be used solely for commercial purposes (including sole proprietorship and not-for-profit business activities), and not for personal, family, or household purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement or Partner’s Terms of Use, or for any other reason in our sole discretion.
7. Obtaining the Card
By submitting an application for a Card or Account, you authorize us to obtain information about you from time to time from consumer reporting agencies, check verification services, our subsidiaries and affiliates, and other third parties for the purpose of considering your Card application or any other purpose permitted by applicable law. If the Account is opened in the name of a business entity, including a not-for-profit entity, sole proprietorship or unregistered partnership (“Business Account”), we may require an officer, shareholder, principal, or other stakeholder acting on behalf of your business (“Company Signer”) to provide information to us, and authorize us to obtain information about the Company Signer from time to time from consumer reporting agencies, check verification services, our subsidiaries and affiliates, and other third parties for the purpose of considering your Card application or any other purpose permitted by law. 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 or requests a Card. What this means for you: When you open an Account, we will request and verify information and identifying documents for your business, Authorized Users, Company Signer, and other account owners and beneficial owners of your business.
We are also required to verify the information you provide to us. This verification process may require you to provide us with supporting documentation that we deem appropriate. We may also seek to verify the information by other means. We reserve the right to request additional information and/or signatures from you from time to time. If we are not able to validate your identity or authenticity to our satisfaction, we may not issue the Card.
For a Business Account, a qualified Company Signer must accept this Agreement on your behalf. By submitting an application, you represent and warrant that the Company Signer is authorized to act on your behalf and bind the company to this Agreement and make all transactions and perform all activities and obligations contemplated by this Agreement and any other agreement between you and us in connection with your Card.
Your Account is not a deposit account and you may not make deposits to or store funds in your Account.
8. Eligibility
The Bank will determine your eligibility for a Card in its sole discretion. We may require you to obtain an Account in order to qualify for a Card. If you do not qualify for or open an Account, we may not issue you a Card. You must also agree to go paperless. This means that you must (1) provide us with and maintain a valid email address and (2) agree to accept electronic delivery of all communications. We may decline to issue a Card to you for any lawful reason. We are not liable for any damages or liabilities resulting from refusal of a Card relationship.
9. Authorized Users and Company Signers
You may be given the ability to designate individuals (“Authorized Users”) whom you authorize to use your Card or obtain their own Card or access device that accesses your Account. A Company Signer shall be deemed an Authorized User. Only a Company Signer may designate additional Authorized Users. By designating an Authorized User, you represent and warrant that such Authorized User is authorized to use the Account and Card and engage in all transactions on your behalf, as contemplated by this Agreement.
When you have consented to adding an Authorized User, you understand that any transaction authorization, instruction or any other action concerning your Card that your Authorized User engages in will be deemed authorized by you and valid and we are under no obligation to investigate the authorization, instruction or activity. You also agree that you will not hold us liable for acting upon any such authorization, instruction or activity. We reserve the right to terminate your Authorized User’s access to the Account or Card for any reason and without advance notice.
We will continue to treat all actions taken by your Authorized User as authorized by you until you revoke the Authorized User’s access to your Account or Card by notifying us by email to the address listed above or through the Online Services. You must also remove their access to any Virtual Card (as defined below in Section 12) or electronic device through which the Authorized User has access to the Virtual Card. Until we have been properly notified in writing of any change in such authorization and we have had a reasonable period of time to act upon such notice, we may pay, apply, or otherwise honor and charge your Account and Card transactions, without inquiry, without limit as to amount, and without regard to the application of the proceeds thereof all orders for payment or transfer of money for whatever purpose. We may cancel all Cards that access your Account and issue replacement Cards to you and the Authorized Users who continue to have access to your Account. This may result in an interruption or delay in your ability to use the Card to access your Account. You must notify us immediately by email of any change in the status of any Authorized User. We may ask you to give us additional documentation. No action taken by us before we receive proper notification in writing of any such change and have had a reasonable period of time to act upon such notice will be affected by any such notice.
10. Activating Your Card
You must activate your Card before using it. You may activate your Card by following the instructions available in the Online Services. We may require you to select a Personal Identification Number (“PIN”). Your PIN is the access code to your Account for all pinned point-of-sale terminal purchases.
11. Using Your Card
1. No Cash Access
Your Card and Account may not be used to withdraw cash from ATMs, over the counter, or at a merchant point of sale.
2. Point of Sale Transactions
Subject to the transaction limits set forth in this Agreement and the conditions described below, you may use your Card to make transactions to purchase goods (in person, by phone, or through the internet, as the merchant permits) from IKEA® stores in the United States. We are not required to comply with any multiple-signature requirement, even if you have otherwise instructed us to do so. Some of these services may not be available at all terminals.
The Card accesses funds in or associated with your Account to pay for transactions you make with the Card. You may fund transactions on your Account by either linking your external checking account (“Linked External Account”) or by applying for and successfully obtaining a loan (“Loan”) through Partner’s website under a separate agreement with a Lender (“Loan Agreement”). Your Account includes an interest in a deposit account established at Bank, which is used to settle transactions you make on your Card. Your Account is not an individual deposit account and your funds may be pooled with the funds of others in a single account at Bank. You may not store funds in your Account or transfer funds to your Account for future use with your Card or otherwise. Funds will be transferred to your Account for your use only when you use the Card to make a purchase, either by authorizing us to transfer funds from your Linked External Account to your Account or by obtaining a Loan from Partner, its affiliate or partner financial institution (each, a “Lender”) through Partner’s website. Here is how it works:
a. Transferring Funds from Linked External Account
We require you to have a Linked External Account associated with your Card in order to use your Card for purchases.
Unless a Lender has originated a Loan to you as described below in Section 11(b)(2), by linking a Linked External Account to your Account and using your Card to make a transaction at the point of sale, you authorize us to initiate one or more ACH debits from your Linked External Account for up to the amount of the Card transaction to transfer those funds to your Account and settle the transaction. Please note that there are circumstances when the amount you authorize for a Card transaction changes upon final settlement. You authorize us to debit or credit your Linked External Account and Account for the amount of the adjustment or difference, on or after the date of the adjustment or final settlement of the transaction. If you use the proceeds of a Loan to pay for a transaction, and the proceeds do not cover the total amount of the transaction, you authorize us to debit your Linked External Account for the difference between the amount of the Card transaction and the Loan proceeds. We may batch all of the transactions you made using your Card or Account since we initiated the last successful ACH transfer from your Linked External Account to your Account. For example, we may debit your Linked External Account in an amount equal to the total of all of the transactions you make with your Card within a day. By using your Card, you authorize us to initiate one or more ACH debits for an amount up to the total amount of all transactions you made on your Card since we initiated the last successful ACH transfer, less the amount of any Loan proceeds during that time.
You understand that when you make purchases with your Card and you have not obtained a Loan in the amount of such purchases, you represent and warrant that you have sufficient funds in your Linked External Account to cover the amount of each ACH, regardless of whether your account shows you have sufficient funds available to spend on your Card. If an ACH fails for any reason, you understand that we may retry the ACH up to two additional times unless prohibited by law. We will generally retry the transaction within 30 days of the first ACH failure, however we may take up to 180 days to do so. If an ACH fails we may freeze your Card until we successfully transfer such amounts from your Linked External Account to pay for the transaction. By adding a Linked External Account, you represent and warrant that you own and are authorized to use the Linked External Account for all of the transactions contemplated by this Agreement, and that the Linked External Account is held by a U.S. financial institution and is in good standing. It is your responsibility to maintain sufficient funds in your Linked External Account to cover the amount of all transactions you make with your Card. We are not responsible for fees, interest, or penalties imposed by the financial institution holding your Linked External Account or any associated overdraft line of credit if you fail to maintain sufficient available funds to cover the transactions you make with your Card.
b. Obtaining a Loan
You can also log onto Partner’s website to apply for and obtain a Loan from Lender to fund your Card transaction. You will be required to apply for and be approved for a Loan by the Lender, and enter into a separate Loan Agreement with the Lender in order to obtain each Loan. You can do so either before or after you made a purchase using your Card. Obtaining or using your Card does not guarantee that you will be eligible for any Loan. The services provided under the Loan Agreement, including the Loan, are independent of services provided by Bank to you under this Agreement. For the avoidance of doubt, Lender is not acting as Bank’s service provider in connection with the Loan and the Loan is outside the scope of your deposit relationship with the Bank. If you obtain a Loan, the Lender may charge you interest in accordance with the Loan Agreement you sign with the Lender. Subject to Lender eligibility requirements, not all Card purchases may be eligible for a Loan.
If you are approved for and obtain a Loan before using your Card to make a purchase, your next debit transaction that is made within the communicated authorization period on your account and in accordance with transaction eligibility rules will be automatically associated with the Loan. You may only use the proceeds of a Loan to make a purchase at IKEA®. The purchase amount must be equal to or less than the amount of the Loan you obtained. After the respective debit transaction is finalized by the merchant, your Card purchase will be paid for by the proceeds of the Loan which were made available to you. If the Loan proceeds cover the entire amount of your transaction, the amount of the transaction will not be debited from your Linked External Account. If you are approved for and obtain a Loan after using your Card to make a purchase, we will use the Loan to cover the entire transaction amount.
You will repay the Lender per your Loan Agreement with the Lender. There are circumstances under which the merchant may authorize a transaction on your Card for an amount that is different than the actual amount of your transaction, and the final amount of the transaction that posts to your Account will be adjusted. If a debit transaction associated with a Loan is adjusted for any reason after you have made a debit purchase, and you have a Linked External Account, you authorize us to initiate one or more ACH debits from your Linked External Account in the amount of any increase in the transaction amount. If the amount of the authorization the merchant places on your Card exceeds the amount of Loan proceeds available to you for that transaction, or the transaction would cause you to exceed any limit that applies to your Card or Account, your Card may be declined. To help ensure your Card is not declined, be sure to include all fees, taxes, etc. in the amount of your Loan request on Partner’s website. See your Loan Agreement for more details. If the Loan proceeds exceed the final settlement amount of your Card purchase, the excess amount will be returned to the Lender to reduce the outstanding amount on your Loan. If you do not make an eligible debit purchase within the authorization period set forth in your account, then your Loan will be null and void. If you wish to cancel a Loan, you can request do so in your account.
c. Authorizations and Holds
The merchant will ask us to authorize your use of the Card to make a transaction. When we give authorization, we may place a hold on your available transaction amount for the amount of the authorization. There may be delays of several days between the authorization and the date the transaction is presented for payment, and your transaction may post to your account after the authorization hold has lifted. Likewise, there may be a delay between the authorization and the date we debit your Linked External Account for the purchase. We may authorize or refuse to authorize a transaction based on a different amount than the authorization request, because sometimes the merchant may request authorization for an amount that is different than the amount of the purchase. The authorization may not lift immediately after your transaction is presented for payment.
d. Delays in Posting Transactions
Due to the nature of the remote banking system, there may be delays between the time of any banking transaction at a remote banking facility and at the time it is shown on our records of your Account.
e. Documentation and Receipts
You can get a receipt at the time you use your Card to make a transaction at a point of sale terminal. We may rely on the coding sent to us by IKEA® to determine where a transaction has occurred, and the nature of the transaction or merchant, which may affect whether or not we authorize the transaction, whether a fee is assessed for the transaction, and whether the transaction is eligible to earn rewards and other benefits.
f. Overdrafts
You are not allowed to overdraw your Account. Notwithstanding the foregoing, if any Card transaction creates a negative balance in your Account(s), you shall pay to us the amount of such overdraft. You also authorize us to debit your Linked External Account for the amount necessary to restore the balance of your Account to $0.
g. International and Foreign Currency Transactions
The Card may only be used to conduct transactions within the 50 United States and the District of Columbia. The Card may not be used to conduct international transactions. All debits to your Account will be posted in U.S. dollars. If a merchant charges your Card or Account for a transaction denominated in any other currency, we may decline the transaction, or we may require you to pay for the transaction in U.S. Dollars at the exchange rate we determine in our sole discretion. The exchange rate we select may include a “spread” or markup, on which we may make a commission or profit.
12. Virtual Card
We will issue a virtual debit card or similar access device (“Virtual Card”) which enables you to make Card transactions under this Agreement without a physical plastic debit card. A Virtual Card is a “Card” for the purposes of this Agreement. You may be permitted to add your Virtual Card to a digital wallet, such as one provided by Partner through the Online Services, or by a third-party, such as Apple Pay or Google Pay (each, a “Digital Wallet”). Your use of a Digital Wallet is subject to all supplemental terms and conditions provided by the Bank governing the use of a Digital Wallet, as well as the terms and conditions required by the Digital Wallet provider. You understand and agree that we may share information about your Card and Account with the Digital Wallet provider. Use of a Digital Wallet is not available at all points of sale or transaction terminals. You are required to obtain and maintain a mobile device and any other equipment, internet connection, applications, software, and other items necessary to use a Digital Wallet. If your Virtual Card, Digital Wallet, or any mobile device, username, or password you use to access a Virtual Card or Digital wallet is stolen, compromised, or used without your permission, you must notify us immediately, using the procedure notifying us for lost and stolen Cards.
A Digital Wallet is provided by a third party without warranty from Bank. You acknowledge and agree that from time to time, your use of your Card in connection with a Digital Wallet may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither we, or our affiliates, agents, Partner or service providers, will be liable for any claim arising from or related to use of your Card through a Digital Wallet due to such delay, interruption, disruption or similar failure. You acknowledge that we are not a party to the terms and conditions for a Digital Wallet between you and a Digital Wallet provider or the other third parties supporting that Digital Wallet and we do not own and are not responsible for a Digital Wallet. We are not responsible for maintenance or other support services for a Digital Wallet and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to your use of a Digital Wallet including, without limitation, any third party product liability claims, claims that a Digital Wallet fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of a Digital Wallet must be directed to the Digital Wallet provider or the other third parties supporting that Digital Wallet.
MasterCard ® Zero Liability Policy
As a MasterCard® cardholder, MasterCard®’s Zero Liability Policy provides you with protection against fraud. You will not be held responsible for unauthorized transactions you make with your MasterCard® Card or Card number including purchases made through the internet, if (a) you have used reasonable care in protecting your Card from loss or theft; and (b) you have promptly reported loss or theft to your financial institution . The Zero Liability Policy does not apply to commercial Cards, certain prepaid debit cards, and transactions not processed by MasterCard®. To limit your losses for unauthorized transactions under the Zero Liability Policy, you must report the unauthorized transaction to us as set forth in this agreement. Credit and provisional credit for your losses may be withheld, delayed, limited as reasonably necessary to complete our investigation of the unauthorized transaction, and other factors including your negligence, fraud, delay in reporting the unauthorized transaction, your account standing and history, and our verification of your claim. Our liability under this policy is limited to reimbursing you for the amount of your loss up to the face amount of any unauthorized Card transaction, including associated fees, covered by this policy. We are not liable for any claims, losses or damages that arise out of your misuse of the Card. We are not liable for any claims of special, indirect or consequential damages. We may ask you for a written statement, affidavit or other information necessary to support your claim under this policy. We may deny you the benefit of this policy (1) if you do not provide the requested materials within the time requested or within a reasonable time if no date is stated, and we have no knowledge of the facts or other documentation to further investigate or confirm your claim, or (2) under any other unusual circumstances where we believe denial is appropriate.
13. Compliance with Laws and Regulations
You agree to comply with all applicable laws, which term shall include, but is not limited to, all statutes, regulations, interpretations, directions and guidance of any regulatory authority, the rules of any payment network you use to make transactions using your Card, and the rules of any relevant industry self-regulatory authority, which are applicable to the Bank or your use of the Card and related services offered under this Agreement.
14. Contact Information; Notifying Us of Changes
You agree to provide and maintain a valid telephone number, mailing address, and email address (collectively, “Contact Information”) on file with us at all times. By providing your Contact Information, you represent and warrant that you own and are authorized to send and receive communications using that Contact Information. You must notify us immediately if there is a change to your name, telephone number, mailing address, email address, or any other information you have provided us. Unless we agree otherwise, change of Contact Information or name must be made via the Online Services or email sent to support@slopepay.com, and you must submit any proof of address and identification requested by us. We may change your mailing address in our files if we receive an address change notice from the U.S. Postal Service or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your current address.
Neither the Bank nor Partner will be liable for any adverse effects to the Card as a result of undelivered mail or email or your inability to access Card information through the Online Services due to a failure to promptly notify the Bank or Partner of a change to your email or postal mailing address or if your email settings block or filter out messages from the Bank or Partner.
15. Contacting You
To the extent permitted by applicable law, you authorize us and each of our affiliates, agents, service providers, contractors, and successors, to contact you to service or maintain your Card using any Contact Information we have on file for you. You agree that these contacts are not unsolicited for purposes of state or federal law. You further agree that we, our affiliates, agents, service providers, contractors, and successors may: (1) contact you in any way, including through the Online Services, mail, email, calls, and texts, including a mobile, wireless, or similar device, and using automated telephone equipment or prerecorded messages; (2) contact you at any number that you have given us, any number we have for you in our records, and any number from which you call us, including your cellular or other wireless device, even if that number is a wireless, cellular, or mobile number, is converted to a mobile/wireless number, or connects to any type of mobile/wireless device, and even if such telephone number is currently listed on a Do Not Call Registry; and (3) contact you at any email address you provide to us or any of our affiliates, agents, service providers, contractors, successors, or any other person or company that provides any services in connection with this Agreement. We may monitor, tape, or electronically record our telephone calls with you, including any calls with our customer service department, collections department, and any of our agents or service providers. For the avoidance of doubt, you agree you will accept calls from us regarding your Card. You understand these calls could be automatically dialed and a recorded message may be played. We may send communications electronically, rather than through U.S. mail or other means, unless the law says otherwise. We are not required to act upon instructions you give us unless you follow our instructions for notifying us and we have a reasonable opportunity to act on your instruction.
You may opt out of receiving autodialed or prerecorded calls or texts, to the extent required by law. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or you may change your communications preferences by contacting Partner at support@slopepay.com. We may require up to 10 days prior notice of your request to change your Contact Information or communications preferences. We may not be able to accommodate your communications preferences.
Should you provide a phone number for which you are not the subscriber, you understand and agree that you will indemnify us for any and all costs and expenses incurred as a result of us trying to contact you at that number. Costs and expenses include reasonable attorney’s fees, if permitted by law. We may monitor and record calls for training and quality assurance purposes.
You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. By indicating your consent on the Online Services or on your mobile device, you also agree to receive alerts about your Card activity, balances, payments, suspicious activities, and other matters involving your use of the Card through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification or Online Services content; or your use or reliance on the content of any push notification or the Online Services for any purposes, to the fullest extent permitted by law. Each push notification may not be encrypted and may include your name and information pertaining to your Card or use of the Online Services. We may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.
16. Liability for Transactions on Your Account
You are liable and must pay for all transactions you make using your Card. Unless otherwise permitted under this Agreement, you may not permit any other person to use your Card. You are liable for all transactions made with your Card by you or any person to whom you provide access to your Card or any Credentials (as defined below) or device that can be used to access your Card, even if that person has exceeded their authority, until you notify us that such person is no longer authorized to use your Account, and we have a reasonable opportunity to act on your notification.
You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Card. This also includes any action that you or a third party takes regarding the Card that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Account when they are incurred, without notice to you.
17. Transaction Limits
Transaction limits on the amount, type and frequency of transactions apply to your Card and Account as set forth in this Agreement. By signing up for the Card and Account and linking your Linked External Account, you authorize Partner to perform balance checks on your Linked External Account. We reserve the right to refuse a transaction you request for any reason in our sole discretion. We may refuse to process any transaction that we believe may violate the terms and conditions of this Agreement. There are other limits on your Account and your Card that we do not disclose to you in order to maintain the security of your Account, your Card and your systems, and we may change these limits without notice to you, unless required by applicable law.
If you have obtained a Loan sufficient to cover a purchase prior to making such purchase, the limit on the amount of such transaction will be the amount of the proceeds of such Loan disbursed to you or on your behalf.
If you have not obtained a Loan for a purchase prior to making such purchase with your Card, the total limit on the amount of the transactions you may make with your Card or Account is $3,000 in aggregate (“Transaction Limit”). However, if you apply for and obtain a Loan on Partner’s website prior to making a purchase, you may make transactions that exceed your Transaction Limit, up to the amount of the Loan.
Also, the limit on the total amount of pending transactions you have at any point in time may be no more than your Transaction Limit (“Pending Transaction Limit”). Transactions made using the proceeds of any Loan you obtained prior to making the transaction are not considered pending transactions for the purpose of calculating your Pending Transaction Limit. You may view your pending transactions on Partner’s website.
If any ACH or other transfer from your Linked External Account to your Account fails for any reason, we will reduce your Transaction Limit and Pending Transaction Limit to $0 until you successfully pay the failed transaction and restore the available balance in your Account to at least $0. Thereafter, provided that the available balance in your Account is not negative, your Transaction Limit and Pending Transaction Limit will be as low as $0 until we notify you that we have increased the amount you have available to spend on your Card or Account.
We may increase or decrease your Transaction Limit, Pending Transaction Limit, or any other limit on your Card or Account at our sole discretion. If we impose stricter limits on the dollar amount, type, or frequency of transactions you can make with your Card or Account, we will notify you as required by applicable law.
In addition, your Transaction Limits and Pending Transaction Limit will be $0 (or such other amount we disclose to you), or we may suspend your use of the Card or Account, if any ACH debit from your Linked External Account fails and remains unpaid, or we believe you have violated the terms of this agreement or any other agreement you have with us or a financial institution partner in connection with any Partner product or service.
In our sole discretion, we may allow you to exceed these limits from time to time, but are not required to do so. We may decline any transaction that would cause you to exceed any of these limits.
18. Prohibited Transactions
You may only use your Card at IKEA® stores in the United States. We have the right but not the obligation to monitor for, block, cancel and/or reverse the following types of payments, each of which is prohibited under this Agreement: (i) Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); (ii) Payments that violate any law, statute, ordinance or regulation; (iii) Payments related to: (1) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (2) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (3) goods or services that are sexually oriented; (4) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (5) goods or services that defame, abuse, harass or threaten others; (iv) Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and (v) Payments relating to transactions that (1) constitute money-laundering or terrorist financing; or (2) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing. You must not use your Card for any illegal purposes. We have no obligation to monitor, review or evaluate the legality of any transaction, however, Card transactions are subject to review and can be delayed, rejected or frozen if the Bank determines in its sole discretion that the transaction violates applicable law, this Agreement, the policies of the Bank, or the network rules governing your Card. Such delay or freezing of your Card may impact your available Account balance. We may deny any transaction that we believe is related to illegal activity or online gambling or for any other reason at our discretion. In addition, such funds may potentially be subject to investigation by one or more federal law enforcement agencies.
We reserve the right to temporarily suspend, block or reject the processing of any transaction for any reason in our sole discretion.
19. Unauthorized Charges
If you believe that your Card you use to access your Account has been lost or stolen, call: (415) 376-8865 or write to: Slope Tech, Inc. 600 Harrison Street, Suite 250, San Francisco, CA 94107.
Tell us AT ONCE if you believe your Card has been stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account and Linked External Account. You may see all transaction activity by logging into your online account. Also, if applicable, if you log into your account and you see transfers that you did not make, including those made by card, code or other means, tell us at once.
PROCEDURES FOR NOTIFYING US IN CASE OF ERRORS AND UNAUTHORIZED TRANSACTIONS
In Case of Errors or Questions About Your Transactions, Telephone us at (415) 376-8865 : Write to us at Slope Tech, Inc. 600 Harrison Street, Suite 250, San Francisco, CA 94107 or email us at support@slopepay.com as soon as you can.
(1) Tell us your name and Account number (if any).
(2) Describe the error or the charge you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. 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 investigate the report unless required by law. We will conduct an investigation to determine whether an error or unauthorized transfer occurred. For errors involving new Accounts or point-of-sale, the investigation may take longer. We will tell you the results after completing our investigation. If we determine that an error or unauthorized transaction occurred, we will attempt to correct the error.
We are not liable for any losses you may incur (A) if we do not complete a transaction because we or Partner has a reasonable to believe the transaction is unauthorized or may violate applicable law or this Agreement; (B) your Account is closed or inactive; (C) if, through no fault of ours, you do not have enough money in your Linked Account to make the transfer; (D) if the terminal or system was not working properly and you knew about the breakdown when you started the transfer; (E) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; and (F) if there are other exceptions stated in our Agreement with you. There are additional limitations on our liability in this Agreement.
20. Interruption of Card Services
If you request to cancel a Card, request a replacement Card, or you report that your Card or any Credentials have been lost, stolen, or used without your permission, we may cancel your Card and any other access device associated with your Card. We may also close your Account and reopen it with a new Account number. Once the security of your Account has been established, we will send you a replacement Card and issue you a new Card number. You may be unable to use your Card or Card number to make transactions on your Card until you receive and activate your replacement Card.
21. Security
It is your responsibility to protect your Card, Virtual Card, and Card number we provide you for your Account, and all passwords, access devices, and other credentials you can use to access your Card, Virtual Card, Virtual Wallet, or Account (“Credentials”). You agree to follow all of the security procedures in this Agreement. Do not discuss, compare, or share your Card or Credentials or any other information about your Account information with anyone. You could lose all of the money in your Account. Keep your Credentials and Statements secure at all times. Make sure to also keep your mobile device secure at all times and avoid accessing the Online Services or a Virtual Wallet when others can see your screen. If you furnish your Card and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized and we have had a reasonable time to work with you to modify Account access to prevent access by that person, to the extent not prohibited by law. The Bank and Partner are entitled to rely and act upon instructions received using your Credentials or your Card. You are further responsible for ensuring that you sign out of the Online Services and any Virtual Wallet when a session is complete to prevent unauthorized persons from accessing your Account. If the Online Services give you the ability to “lock” your Card, you must do so when your Card is not in use.
You represent and warrant that the Company Signer and any other person who is provided or otherwise gains access to Credentials and Cards is authorized to make transactions on your behalf. If the employment or authority of any Company Signer or other person with access to your Credentials is suspended or terminates, you agree to notify Partner immediately and destroy all access devices to which such person has access.
22. Business Days
Our Business Days are Monday through Friday, excluding federal holidays, even if we are open (each, a “Business Day”).
23. Return and Refunds
If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to your Account, associated Loan, or Linked External Account, as determined in our sole discretion, for such refunds and agree to the refund policy of the merchant.
If you receive a refund of a transaction for which you did not obtain a Loan, your refund will generally be transferred to your Linked External Account. The amount of the refund transferred to your Linked External Account may be offset by the amount of any pending Account transfers you authorized from your Linked External Account. For example, if you have a pending ACH transfer of $20 to the Account from your Linked External Account and are owed a refund of $100, we may offset the ACH transfer to your Linked External Account by $20 and credit the remaining $80 to your Linked External Account and credit your Account for $20. To deliver your refund, you authorize us to debit your Account in the amount of the refund (less the amount of any offset) and credit that amount to your Linked External Account on or after the date your refund is received in the Account.
In all cases, except for those expressly referenced herein, where you separately obtained a Loan in connection with a purchase that is returned, you agree that we may apply your refund to the balance of the Loan in a manner that is consistent with that set forth in your relevant Loan Agreement. We may, in certain circumstances, give you the opportunity to tell us how to apply your refund. If we do, you must tell us your selection within the time frame set forth in our communication to you regarding this refund. If you do not provide us with your selection, we will apply it in our sole discretion within 65 days.
The exchange or return of goods or services purchased in whole or in part with the Card will be governed by the procedures and policies of each merchant and applicable law, which may include a return, shipping, or restocking fee. Neither the Bank nor Partner is responsible for the delivery, quality, safety, legality, or any other aspects of the goods or services you purchase from others with the Card. If you have a problem with a purchase you made with the Card, or if you have a dispute with the merchant, you must handle it directly with the merchant first. You understand and agree that all goods and services you purchase with your Card are obtained using funds in your Account, and are not obtained using the proceeds of any Loan. The amounts credited to your Account or Linked External Account for refunds may not be available for up to ten (10) days from the date the refund transaction occurs.
24. Closing Your Card
You agree to immediately notify Partner if you want to close your Card. You may request to close the Card through the Online Services or by sending an email to support@slopepay.com. You will no longer be able to access your Account with your Card once your Card is closed. If you close your Card, we may close your Account. Your Card remains our property and immediate surrender of it may be required by us at any time. We may cancel the Card at any time without notice or cause. Any cancellation or termination shall not affect any of your existing liability to us. In the event your Card is cancelled, closed or terminated for any reason, any remaining available funds associated with the Account will be returned to you via ACH transfer to your Linked External Account or by check, unless prohibited by applicable law. The amount of remaining funds we transfer to you may be offset by any amounts you owe us under this Agreement.
25. Account Transfer and Assignment
Your Card and your obligations under this Agreement may not be transferred or assigned without our prior written consent. We may transfer our rights under this Agreement and may transfer your Card to a successor financial institution.
An “assignment” includes any Change of Control of your business, including any merger, sale of more than 50% of the assets, or the acquisition by any party of more than 25% of the equity or any class of voting or non-voting securities. You must have a Company Signer authorized to use the Card and make transactions on your behalf at all times. You may change the Company Signer with our prior written consent and subject to our approval.
26. Acknowledgement
You acknowledge the inherent risks and responsibilities associated with conducting business via the internet and that there can be no assurance that inquiries or transaction activity will be completely secure, despite security procedures established by the Bank and/or Partner such as firewalls, passwords, and data encryption. You also understand that access to the Online Services will not be free from delays, malfunctions, or other inconveniences generally associated with this electronic medium, and further agree the Bank and/or Partner are not responsible for any such delays, malfunctions, or inconveniences. You acknowledge that you are responsible for maintaining all equipment required for your access to and use of your Card. You authorize the Bank, Partner, or any third party acting on behalf of the Bank or Partner, to serve as an agent in processing transaction instructions received from you via the internet, and to post such transactions to the Account. You will be solely responsible for the timeliness, accuracy and adequacy of the data entered as well as the completeness of any instruction entered.
27. Disclaimer of Warranties
To the fullest extent permitted by law, the Bank and Partner do not make any warranties of any kind related to the Online Services or Card, either express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. Furthermore, the Bank and Partner do not warrant that the Online Services or access to or use of the Card will be uninterrupted or error free, that defects will be corrected, or that the Online Services are free of viruses or other harmful components. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CARD, THE ONLINE SERVICES AND THE ACCOUNT IS AT YOUR SOLE RISK, AND THAT THE CARD AND ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
We expressly disclaim all warranties that the remote card systems or components, including but not limited to, Cards and terminals, shall function properly or be available to us.
28. Data and Information Supplied by You
You have the sole responsibility of ensuring the accuracy and correctness of the data you supply. You acknowledge and agree that we will not examine the data for correctness and that we will not have any responsibility for detecting errors in the data transmitted by you. The data you transmit must be correct and complete. We will not be liable to you for processing or the failure to process incorrect or incomplete data. You agree that you are solely liable for, and we will not have any liability whatsoever for, any data or other information that is not received by us or for any data or other information that is intercepted or altered by an unauthorized third party, to the fullest extent permitted by law. You agree that we have no obligation to accept any data or other information and, therefore, may reject any data or other information that you transmit or deliver in connection with this Agreement.
29. Limitations of Liability and Obligations to You
You agree that we, Partner, and our respective service providers, agents, officers, directors, and employees (and the same of our respective subsidiaries and affiliates and our respective subsidiaries and affiliates themselves) (collectively, the “Indemnified Parties”) will not be liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such Indemnified Party doesn’t follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM. In no event shall the aggregate liability of the Indemnified Parties exceed the amount of fees paid by you during the preceding six (6) months. The foregoing limitation of liability will not apply where expressly prohibited by the laws governing your Card. This Limitation of Liability section will survive termination of your Account.
In the performance of the services required by this Agreement, the Bank and Partner are each entitled to rely solely on the information, representations and warranties you provide pursuant to this Agreement. Except as otherwise specifically provided by law, the Bank is only responsible for performing the services expressly provided for in this Agreement and is liable only in the event of loss due to its gross negligence or willful misconduct in performing those services, except as otherwise expressly set forth by this Agreement or required by applicable law. Bank and Partner will have no liability and will be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communications facilities, equipment failure, war, act of terror, emergency conditions, or other conditions (such as fire or flood) beyond their control. Any claim, action or proceeding by you to enforce the terms of this Agreement or to recover for any Card-related loss must be commenced within one year from the date that the event giving rise to the claim, action or proceeding first occurs, except to the extent that applicable law requires a longer timeframe. You agree to cooperate with the Bank and Partner in any loss recovery efforts the Bank undertakes to reduce any loss or liability that arises in connection with the Card.
30. Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold the Indemnified Parties harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that each Indemnified Party may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) the Indemnified Party’s taking any action or not taking any action that it is entitled to take pursuant to this Agreement and applicable law; (3) any action or omission by you in violation of this Agreement or applicable law; or (4) the Indemnified Party’s action or inaction in reliance upon oral, written or electronic instructions or information from you. These indemnities will apply, without limitation, to any losses arising from the dishonor of any check or other debit item. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
31. Notices
Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided, if any. If no delivery instruction is provided, notice must be given by emailing Partner at support@slopepay.com. We must receive it in time to have a reasonable opportunity to act on it. Written notice we give you is effective when it is deposited in the United States Mail with proper postage and addressed to your mailing address we have on file or emailed to you at the email address we have on file for you.
To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your Account.
32. No Waiver
If we fail to exercise any right, that doesn’t mean that we waive that right or any other right, and we may still enforce all of our rights in the future.
33. Third Party Beneficiaries
You and the Bank acknowledge and agree that Partner is an intended third party beneficiary and may enforce the terms of this Agreement.
34. Governing Law
Your Card is governed by federal law and the laws of the State of Missouri. We enter into this Agreement with you in Missouri. Except as otherwise provided in the Arbitration Agreement, this Agreement and your Card are subject to applicable federal laws and laws of the State of Missouri, without regard to internal principles of conflicts of law. Except as otherwise provided in the Arbitration Agreement, if any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. Transactions using your Card are also subject to the operating rules of the payment card network on which your Card is issued. Changes in these laws may change the terms and conditions of your Card. We will notify you of any changes as required by law.
35. ARBITRATION AGREEMENT
We have put this section (“Arbitration Agreement”) in question and answer form to make it easier to follow. However, this Arbitration Agreement is part of this Agreement and is legally binding. For purposes of this section, our “Notice Address” is: Slope Tech, Inc. 600 Harrison Street, Suite 250 , San Francisco, CA 94107. By completing an application for a Card, you agree to the Arbitration Agreement even if you do not use the Card.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. THIS SECTION SETS FORTH THE CIRCUMSTANCES AND PROCEDURES UNDER WHICH DISPUTES (AS DEFINED BELOW) SHALL BE ARBITRATED UPON THE ELECTION OF EITHER PARTY INSTEAD OF LITIGATED IN COURT. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT.