Welcome to SeePay!

We may revise this user agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 21 days. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

Opening a SeePay Account

We offer accounts for two types of purposes: personal accounts and approved business accounts. You may only have one personal account. To create a personal account, you must be a resident of the United States or one of its territories, be at least 18 years old or the age of majority in your state of residence and use a cellular/wireless telephone number that you own. Your SeePay account is a personal account unless you have received our express written approval to open a business account. In addition to this agreement, approved business accounts are also subject to the Approved Business Account Addendum.

Personal SeePay accounts let you do things like:

• Make payments with friends.

• Buy things through an authorized merchant’s mobile website, app, or SeePay business profile.

We may also offer you the ability to set up a business profile within your personal SeePay account, which you can use to receive payments for the sale of goods and services. This feature is offered in our sole discretion and may not be available to all users.

Except for commercial transactions expressly authorized by SeePay , for example, transactions with authorized merchants or business profiles, or purchases made using your SeePay Mastercard®, personal accounts may not be used to conduct business, commercial or merchant transactions with other personal accounts, which includes paying or accepting payment from other personal accounts held by users you do not personally know for goods or services (for example, concert tickets, electronic equipment, sneakers, a watch, or other merchandise). If you plan to use your SeePay account to sell goods or services, you must have an approved business account or a business profile. You may also find out more information about offering SeePay as a payment option on your website or mobile app by visiting this webpage. Keep confidential any credentials you use to access your SeePay account and the SeePay services. You must keep your phone number, email address and other contact information current in your SeePay account profile.

Waiting period for first payout on SeePay

SEEPAY's payments processing is powered by Stripe! The same processing company that power companies like Uber, Spotify, Amazon, Lyft and more! There ALL payouts / payments / transfer are subject to Stripe's Terms, which are as follows…

The first payout for every new SeePay account is typically paid out 7 days after the first successful payment is received. This waiting period can be up to 14 days for businesses in certain industries. This delay allows Stripe to mitigate some of the risks inherent in providing credit services.

This initial payout timing requirement cannot be waived. Any changes made to your payout timing or payout method during this time will take effect after this initial delay.

Money Sent to You on SeePay

To hold a SeePay balance and use money sent to you for SeePay payments to other users or authorized merchants, we must verify the required identifying information you provide to us. The required identifying information is:

• For a personal account or a business profile of an unincorporated business/sole proprietorship: name, physical address, date of birth, and social security or taxpayer identification number; or

• For a business profile of any other type of business legal entity: business name, business address, taxpayer identification number, and proof of business existence.

Unless you add funds to your SeePay account using Direct Deposit, any money sent to you on SeePay represents an unsecured claim against us and is not insured by the Federal Deposit Insurance Corporation (FDIC). We combine your money with the SeePay money of other SeePay users and hold it in a custodial account for the benefit of our account holders. With the exception of funds in accounts that have used Direct Deposit, we invest the money in liquid investments in accordance with state money transmitter laws. We own the interest or other earnings on these investments. However, the claim against us represented by this money is not secured by these investments and you do not have any ownership interest (either legal or beneficial) in these investments. These pooled amounts are held apart from our corporate funds, and we will neither use these amounts for our operating expenses or any other corporate purposes nor will we voluntarily make these amounts available to our creditors in the event of bankruptcy.

Adding Money to and Transferring Money out of Your SeePay Account

Adding money

If we have verified the required identifying information that you provide to us, SeePay may offer you the ability to add money to your SeePay balance from a linked bank account or through Direct Deposit. Otherwise, you cannot add money. Remember, you may use the payment methods linked to your SeePay account to fund transactions and you don’t need a SeePay balance to send money or buy something using your SeePay account.

Transferring money out of SeePay

Money in your SeePay account may be transferred out of SeePay by:

• Manually transferring it to a bank account linked to your SeePay account, or

• Transferring it via Instant Transfer to an eligible debit card or bank account linked to your SeePay account, subject to the fees applicable to such transfers that can be found in the Fees section of this document. .

  Standard payout timing

  2 business day

  Applies to: Australia, United States (except businesses in higher-risk industries)

  Payouts of your available account balance are made daily and contain payments processed two business days prior (this is how long it takes for your pending account balance to become available on this schedule). For example, payments received on a Tuesday are paid out by Thursday, and payments received on a Friday are paid out by Tuesday.

  If your business operates in a higher-risk industry, this schedule may not be available. A 14 calendar dayschedule might apply to your business instead. This delay protects your business, customers, and Stripe from the increased risk of chargebacks and potential cancellations.

  4 business day 

  Applies to: New Zealand

  Payouts are made daily and contain payments processed four business days prior. For example, payments received on a Monday are paid out by Friday.

  5 business day 

  Applies to: Malaysia

  Payouts are made daily and contain payments processed five business days prior. For example, payments received on a Monday are paid out by the following Monday.

  7 business day 

  Applies to: India

  Payouts are made daily and contain payments processed seven business days prior. For example, payments received on a Monday are paid out by the following Wednesday.

  7 calendar day 

  Applies to: All countries (except Japan and businesses in higher-risk industries)

  Payouts are made daily and contain payments processed seven calendar days prior. For example, payments received on a Tuesday are paid out by the following Tuesday.

  14 calendar day 

  Applies to: High-risk businesses

  Payouts are made daily and contain payments processed fourteen calendar days prior. For example, payments received on June 1st would be paid out on June 15th.

  30 calendar day 

  Applies to: Brazil

  Payouts are made daily and contain payments processed thirty calendar days prior. For example, payments received on July 1st would be paid out on July 31st.

  Japan weekly 

  Applies to: Japan

  Payouts are made once a week (on a day of your choosing) and include payments processed up to 4 business days prior.

  JCB, Diners Club, and Discover payments are available for payout after 30 calendar days, instead of 4 business days.

  
  

  Alternative payout schedules

  If you prefer payouts on a fixed schedule, you can choose to receive them weekly or monthly in your account’s payout settings.

  When selecting a weekly schedule, you can specify the day of the week that payments should arrive in your bank account.

  For a monthly schedule, you can specify the day of the month. Payouts scheduled between the 29th and 31st of the month are sent on the last day of shorter months.

  Selecting either of these doesn’t change how long it takes your pending balance to become available. If your account was operating on a two business day daily payout schedule, it still takes two business days for your pending balance to become available. For example, if a Stripe account changes from two business day rolling to weekly on Fridays, the available balance includes payments made in the last week before Wednesday.

  Manual payouts

  If you turn off automatic payouts in the Dashboard, you must manually send funds to your bank account. You can do this either in the Payouts section of the Dashboard or by creating payouts using the API.

  Manual payouts are available in all regions except Brazil, where payouts are always automatic.

  Instant Payouts 

  With Instant Payouts, you can instantly send funds to a supported debit card or bank account. You can request Instant Payouts 24/7, including weekends and holidays, and funds typically appear in the associated bank account within 30 minutes.

  Eligibility

  New Stripe users aren’t immediately eligible for Instant Payouts. You can check your eligibility here.

  Managing debit cards (U.S., Canada & Singapore)

  If you are eligible for Instant Payouts, you’ll need to add a debit card to your Stripe account. Use the External payout accounts and scheduling section in the Settings tab in the Dashboard. Your debit card must support Instant Payouts - you can check which banks support Instant Payouts.

  You can also edit and remove debit cards in the Dashboard. For security reasons, you must remove and re-add a debit card if you need to edit any card details.

  Managing bank accounts (UK)

  Eligible Stripe users in the UK can use Instant Payouts with a bank account (beta). Use the External payout accounts and scheduling section in the Settings tab in the Dashboard to manage bank accounts. Your bank account must support Instant Payouts - you can check which banks support Instant Payouts.

  Creating an Instant Payout

  Once you have a supported debit card or bank account linked to your account, you can check your available balance in the Dashboard and create an Instant Payout. Stripe assesses a fee on each Instant Payout, which is reflected in the Dashboard. More details can be found on the pricing page.

  Minimum payout amounts 

  For most Stripe users, there is no minimum payout amount. However, there are a some exceptions:

  • EUR bank accounts have a minimum payout of 1.00 EUR

  • GBP bank accounts have a minimum payout of 1.00 GBP

  • CHF bank accounts have a minimum payout of 5.00 CHF

  • NOK, DKK, and SEK bank accounts have a minimum payout of 20.00 kr

  • MXN bank accounts have a minimum payout of 10.00 MXN

  • MYR bank accounts have a minimum payout of 5.00 MYR

  • SGD bank accounts have a minimum payout of 1.00 SGD

  • PLN bank accounts have a minimum payout of 5.00 PLN

  • CZK bank accounts have a minimum payout of 30.00 CZK

  • RON bank accounts have a minimum payout of 5.00 RON

  • BGN bank accounts have a minimum payout of 2.00 BGN

  • HUF bank accounts have a minimum payout of 360.00 HUF

  If your available account balance is less than the minimum payout amount, it remains in your Stripe account until your balance increases.

  Negative payouts.

  Each payout reflects your available account balance at the time it was created. In some cases, you may have a negative account balance. For example, if you receive 100 USD in payments but refund 200 USD of prior payments, your account balance would be -100 USD. If you don’t receive further payments to balance out the negative amount, Stripe creates a payout that debits your bank account.

  Your bank account must support both credit and debit transactions so that Stripe can perform any required payouts.

  Payout failures.

  If your bank account can’t receive a payout for any reason, your bank sends the funds back to us. This returns an error with the reason for the failure. It can take up to five additional business days for your bank to return the payout and inform us that it has failed. If this happens, you’re notified by email and in the Dashboard. To ensure that your bank account details are correct, you need to re-enter them if a payout fails. After you re-enter your bank account details, Stripe attempts to perform the payout again at the next scheduled payout interval.

  When a payout fails, it’s possible that its state initially shows as paid but then changes to failed (within 5 business days).

  Make sure that the bank account information you provide is correct. If it’s not (e.g., a typo in the account number), it’s possible to send payouts to another bank account holder. If you’re certain that your banking details are correct, or have contacted your bank to resolve any issues on their end, you can resume payouts by clicking. Resume Payouts. If you still haven’t received a payout from Stripe, nor been notified that it’s failed after a suitable amount of time, please get in touch

You can manage linked payment methods in the Payment Methods section of your SeePay account settings. We may set limits on your bank transfers, and you can view bank transfer limits on the Bank Transfer Limits page. The fees applicable to transferring money out of SeePay can be found on the Fees page. Fees and limits may change from time to time in our sole discretion.

Bank transfer reviews

We review account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to money in it or that is sent to you until verification is completed.

Reviews may result in:

• delayed, blocked or cancelled transfers;

• money or payments being held by us;

• money or payments being applied to amounts you owe to us or used to offset loss incurred by us;

• account limitation, suspension or termination;

• money or payments being seized to comply with a court order, warrant or other legal process; and/or

• money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).

Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised SeePay account, or if you were a participant in a transaction for goods and services between two personal accounts.

SeePay SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOW AND TRUST. DO NOT USE SeePay TO TRANSACT WITH PEOPLE YOU DON’T KNOW, ESPECIALLY IF THE PAYMENT INVOLVES THE PURCHASE OR SALE OF A GOOD OR SERVICE. UNLESS SeePay EXPRESSLY AUTHORIZES YOUR PAYMENT FOR A GOOD OR SERVICE, FOR EXAMPLE, TRANSACTIONS WITH AN AUTHORIZED MERCHANT OR BUSINESS PROFILE, OR TRANSACTIONS MADE WITH YOUR SeePay DEBIT CARD, PAYING OR RECEIVING PAYMENT FOR A GOOD OR A SERVICE IS PROHIBITED. IF YOU USE SeePay TO CONDUCT SUCH A TRANSACTION AND WE LATER REVERSE THE PAYMENT (WHICH COULD OCCUR IF IT IS DETERMINED THAT THIS AGREEMENT WAS VIOLATED OR IF THE PAYMENT WAS MADE USING A COMPROMISED PAYMENT METHOD OR ACCOUNT), YOU COULD LOSE BOTH THE UNDERLYING GOODS OR SERVICES AND THE MONEY SENT FOR THEM.

Setting up a Business Profile

SeePay may offer you the ability to create a single business profile in addition to your personal profile in your personal SeePay account. To be eligible, you must be an individual with a SeePay account in good standing and complete any required application process, including verification of the required identifying information. Using a business profile, you can receive payments for the sale of goods and services that do not violate the Acceptable Use Policy or any other terms between you and us. As a business profile is part of your SeePay account, any and all terms applicable to your SeePay account will also govern the business profile, unless otherwise specifically stated.

Business profiles are subject to our approval in our sole discretion, and such approval may be revoked at any time in our sole discretion.

We may restrict the use of your business profile and your SeePay account if the activity through your business profile reaches certain thresholds, involves certain activities or violates any terms between you and us. In addition, if your business profile meets certain transaction thresholds, we may require you to provide additional information and documentation to us from time to time for tax reporting or other reasons (for example, to verify your business activities or resolve claims or disputes), and we may suspend or place limits on your account until we receive the requested information and documentation.

SeePay Debit Card transactions cannot be funded by any funds held in your business profile, and instead can only be funded by funds held in your personal profile.The information you use to complete your business profile must be accurate, and any descriptions, pictures or other content associated with your profile must be owned by you and comply with the Content Standards below.

Closing Your SeePay Account

You may close your account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your SeePay account even after the SeePay account is closed. Any incomplete transactions or transfers must be completed or canceled and you must transfer any money from any personal or business profiles of your SeePay account before closing it.

In certain cases, you may not close your SeePay account, including:

• To evade an investigation.

• If you have a pending transaction or an open dispute or claim.

• If you owe amounts to us.

• If your SeePay account is subject to a hold, limitation or reserve.

• If you have a SeePay Credit Card, until such time that account is both closed and paid in full.

If your SeePay account is closed for any reason, any business profile and any SeePay Debit Card affiliated with your account will be canceled.

Link or Unlink a Payment Method

You can link or unlink certain payment methods such as a debit card, credit card, or a bank account to your SeePay account. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may contact your issuer to request this or remove your payment method from your SeePay account.

Direct Deposit and FDIC Pass-Through Insurance

Direct Deposit

If you are eligible for Direct Deposit and we have verified your required identifying information, you may arrange to have all or part of your paycheck or, where permitted by law, any federal or state government benefit or payment (e.g., Federal tax refunds or Social Security payment) transferred directly into your SeePay account by your employer or relevant government payer, as applicable (Direct Deposit). We determine eligibility for Direct Deposit in our sole discretion. If you are eligible for Direct Deposit, you will see the Direct Deposit feature in your SeePay app settings. To enroll, you will need to provide your employer or the government payer, as applicable, with the account and routing numbers found in the Direct Deposit section available in the SeePay app or any alternate or additional form requested by your employer or government payer. We do not charge any fees to set up or maintain Direct Deposit.

Direct Deposit and the earlier availability of the funds is subject to payer’s support of the feature and timing of payer’s funding. Funds transferred via Direct Deposit generally will be available on the day the funds are applied to your account. Because we do not receive funds via Direct Deposit instantly, there will be some delay between the payment being sent by your employer and the payment arriving to SeePay . For example, Direct Deposit of funds may be delayed in the event of a federal or bank holiday. You may review your periodic statements or transaction history on SeePay .co or call Customer Service to verify that each Direct Deposit has been received.We reserve the right to accept, reject or limit transfers via Direct Deposit in our sole discretion. If you wish to cancel Direct Deposits, you must contact your employer or government payer.

Please note that in order to assist in the prevention of fraud we require the following in connection with Direct Deposit:

• In connection with tax refunds (i) the name and Social Security Number associated with each refund payment must match the name and social security number associated with your SeePay account; and (ii) in the case of joint tax returns, the first name and Social Security Number associated with the refund payment must be the name and social security number of the SeePay account holder.

• In connection with non-tax refunds (i) the name and Social Security Number associated with each payment must match the name or Social Security Number associated with your SeePay account.

FDIC Pass-Through insurance

When you add money to your SeePay balance using Direct Deposit, SeePay will deposit all funds held in your SeePay balance into one or more custodial accounts we maintain for the benefit of SeePay account holders at one or more FDIC member banks (currently Wells Fargo Bank, N.A. or The Bancorp Bank), and the funds in your SeePay balance will be eligible to be insured by the FDIC up to the standard maximum deposit insurance amount (currently $250,000).

FDIC pass-through insurance helps protect you against the risk of loss of your funds should the FDIC-insured bank where we deposit your funds fail. If one of the banks in which we have deposited your funds fails, your funds would be eligible to be insured by the FDIC up to the standard maximum deposit insurance amount (currently $250,000). This limit applies per depositor and ownership capacity, not per account. When determining your coverage limit, the FDIC will add the funds in your eligible SeePay account to amounts you hold in the same ownership capacity in other accounts at the same bank.

If funds are received in your SeePay account other than through Direct Deposit, there might be a delay between the time that funds are credited to your SeePay account and when we actually transfer those funds to one of the custodial bank accounts. Your SeePay balance funds might not be eligible for the benefits of FDIC pass-through insurance coverage during this period, although we will still be holding the funds as your agent and custodian. You will not receive interest or any other earnings on funds held in these custodial bank accounts and you agree that any interest that may be earned on funds in a custodial bank account are owned by SeePay .

FDIC pass-through insurance does not protect you against the risk of our insolvency. We believe that, in the unlikely event of our insolvency, funds that we have on deposit in a custodial account for the benefit of our account holders should not be included in our bankruptcy estate and should be protected from claims by our creditors. Additionally, even if funds in your SeePay balance (whether held by us or held in a custodial account) are eligible for FDIC pass-through insurance and may be protected from claims by our creditors in the unlikely event of our insolvency, it is possible that you will not have access to those funds while court or other legal proceedings to determine ownership of the funds are ongoing.

Account Statements

You have the right to receive an account statement showing your SeePay account activity. You may view your SeePay account statement by logging into your SeePay account on the SeePay website.

Making Payments

You can send money to or request money from a SeePay user using the compose payments feature in your SeePay account. You can also request money from a SeePay user by splitting certain purchases. Such user will have to accept any charge request before you are sent money. When you accept a charge request sent by another SeePay user, you will send them money.

Making payments with friends

You can send money to or request money from a friend, even if they don’t have a SeePay account at the time you send the payment, using their email address or mobile number. If the friend does not have a SeePay account, they can claim the payment by opening a SeePay account. If they don’t claim any money sent within 30 days of the date it is sent, the payment will be cancelled and any money (including any fees you were charged) will be sent back to you.

Payments to a business profile

Payments for the sale of goods or services may only be sent to business profiles. You may not send regularly recurring payments to a seller’s business profile (for example, every month or otherwise on a routine billing cycle).

Certain qualifying payments made to a business profile are eligible for the SeePay Purchase Program. Sellers must keep appropriate transaction documentation and we may request such information to investigate claims made under the SeePay Purchase Program. If a seller does not provide adequate documentation, or we determine, in our sole discretion, that a claim qualifies for the SeePay Purchase Program, we may initiate a refund to the buyer by reversing the payment from the seller’s business profile, as explained further in section Refunds for Transactions Through Business Profiles.

Taxes and information reporting for business profiles

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, that may be assessed by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, including transactions through your business profile, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. SeePay is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.

You acknowledge that we may make certain reports to state and federal tax authorities regarding transactions that we process. For example, SeePay is required to report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year if you receive more than $20,000 in payments for goods and services and process more than 200 transactions involving goods or services in the same calendar year.

Fees and limits

We may, at our discretion, impose limits on the amount and/or the number of payments you can send and receive. You can view any sending limit on our Payment Limits page. These sending limits apply for all transactions combined in your account, including any transactions through your business profile.

The fees applicable to receiving, withdrawing and sending money can be found on the Fees page. If you use your credit card as the payment method when sending money, you may also be charged a cash-advance fee by your card issuer.

In order to manage risk, we may limit the payment methods available when you make a payment.

Fees and limits may change from time to time in our sole discretion.

Stripe Credit Card Processing Details Transaction CostOnline (regular): 2.9% + $0.30 Online (nonprofit*): 2.2% + $0.30 Retail/Swiped: Unavailable ACH and Bitcoin: 0.8% ($5 cap)

Networks Accepted: Visa Mastercard Discover American Express

Buying Something from Authorized Merchants

How to buy something

An “authorized merchant” means a merchant that has been authorized by us to accept SeePay as a payment method for purchases of goods and services. This includes, for example, buying something online using your mobile phone through an authorized merchant’s website or mobile app and selecting SeePay as your payment method at checkout, or buying something from a seller in-person by using a SeePay QR code.

Payments sent via the SeePay app or the SeePay website to another SeePay user do not qualify as payments to an authorized merchant. Similarly, if you are charged via the SeePay app or the SeePay website and accept the charge, this is not a payment to an authorized merchant. Except for transactions for goods and services that are expressly authorized by SeePay , for example, purchases from authorized merchants, business profiles and SeePay Debit Card purchases, you are not permitted to use SeePay as a payment method for purchases of goods and services.

Some merchants may require you to have a payment method linked to your SeePay account in order to use SeePay for purchases with the merchant.

In order to manage risk, we may limit the payment methods available for a transaction when you buy something from an authorized merchant.

When you authorize a payment to an authorized merchant, some merchants may take up to 30 days to complete the transaction. In these instances, your payment may appear as a pending transaction in your SeePay account. In that case, your authorization of the payment will remain valid until the merchant completes the transaction and we may place a temporary hold on the money in your SeePay account for the payment amount (but no longer than 30 days). If you used a debit or credit card as the payment method, your debit or credit card issuer also may show a pending authorization for a period of time until they release the hold or receive a completed transaction.

If you use your SeePay account to pay for an item and you select your bank account as the funding source for the transaction, remember that your SeePay account is issued to you by SeePay , Inc. and not your bank. The terms, benefits, and protections associated with your SeePay account may vary from those that apply to your bank account. If you use your SeePay account to make a purchase that exceeds the balance in your linked bank account, you could incur overdraft fees, even if you chose not to allow overdrafts with your bank. Similarly, the liability limits applicable to your SeePay account may differ from those applicable to your bank account.

Fees and limits

We may, at our discretion, impose limits on the amount or the number of payments you can send, including money you send for authorized merchant purchases. You can view any sending limit on our Payments Limits page.

Fees and limits may change from time to time in our sole discretion.

Payment review

We review payments you make at our discretion. When we identify a potentially high-risk payment to an authorized merchant, we review the transaction more closely before allowing it to proceed. When this happens, we will place a hold on the transaction and notify the merchant to delay shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the merchant and direct them to ship the item. If we don’t clear the transaction, we will cancel it and return the money to you, unless we are legally required to take other action.

Billing agreement payments and preauthorized payments

You can agree with an authorized merchant to use SeePay as the payment method for future payments with that merchant. This agreement is between you and the authorized merchant and allows the merchant to take payments from your SeePay account with your authorization either on a one-time, regular or sporadic basis, depending on the type of billing agreement.

“Preauthorized payments” are a type of billing agreement that allow an authorized merchant to receive payments from your SeePay account on a regularly recurring basis (for example, every month or otherwise on a routine billing cycle), and if such payments will vary in amount, you have the right to advance notice of the amount and date of the transfer from the merchant at least 10 days before the transfer is made. If the merchant provides the option, you may choose to receive this advance notice only when the amount of your preauthorized payment will fall outside a range established between you and the merchant.

You may cancel a billing agreement by reaching out to the authorized merchant directly, by disconnecting the merchant in your “Connected Merchants” page in the SeePay app, or by calling SeePay at (855) 812-4430. You may cancel a preauthorized payment up to 3 Business Days before the date of the next scheduled payment. If you cancel a billing agreement, you may still owe the merchant money for the purchase or have additional obligations to the merchant for any goods or services that you receive but have not paid for.

Refunds

When you buy something from an authorized merchant using SeePay and the transaction is ultimately refunded, the money will be sent back to you. Money may not always be refunded to the payment method originally used.

SeePay Debit Card

As part of the SeePay services, you may be offered the opportunity to apply for a SeePay Mastercard® (referred to herein as “SeePay Debit Card”) via a designated website or the SeePay app. The SeePay Debit Card is a debit card linked to your SeePay account, funded by your SeePay account balance and may be used everywhere Mastercard is accepted in the United States. If you are offered the opportunity to apply for the SeePay Debit Card and proceed to apply, you will be subject to The Bancorp Bank’s approval criteria, which includes successful identity verification. If you are unable to pass The Bancorp Bank’s identity verification procedures, you will not be eligible to receive a SeePay Debit Card. In addition, you may be subject to separate identity verification by us, and/or we may suspend or terminate your access to the SeePay and/or SeePay services.

For users with an approved SeePay business profile, please note that you may not link a SeePay Debit Card to a business profile, and funds in your business profile cannot be used as a funding source for SeePay Mastercard transactions.

The SeePay Debit Card is issued by The Bancorp Bank and your use of the card will be subject to The Bancorp Bank’s SeePay Mastercard Cardholder Agreement as well this agreement. Please see the SeePay Mastercard Cardholder Agreement for full terms and conditions applicable to the SeePay Debit Card. In the event of any inconsistency between this Agreement and the SeePay Mastercard Cardholder Agreement, the SeePay Mastercard Cardholder Agreement shall govern your use of the SeePay Debit Card and your relationship with The Bancorp Bank to the extent of such conflict.

By applying for and using the SeePay Debit Card, you authorize us and The Bancorp Bank to share your SeePay account and personal information with one another as necessary to provide SeePay Debit Card related services. You further authorize us to use SeePay Debit Card program related information provided by The Bancorp Bank to provide customer service, service your SeePay account and/or SeePay Debit Card, investigate and act on SeePay account and/or SeePay Debit Card related claims, as necessary to comply with applicable law, and as otherwise permitted by our Privacy Policy. By applying for and using the SeePay Debit Card, you will also be subject to additional data sharing terms and conditions as provided for in the SeePay Mastercard Cardholder Agreement.

We may add, change, suspend or eliminate any or all SeePay Debit Card related features and services at any time, with or without notice, subject to applicable law. We may terminate your access to any or all SeePay services, including the SeePay Debit Card, in the event you violate the SeePay Mastercard Cardholder Agreement or any agreement in force between you and us. If your SeePay account is closed for any reason, any SeePay Debit Card affiliated with your account will be canceled.

SeePay Credit Card

As part of the SeePay services, you may be offered the opportunity to apply for a SeePay Visa Signature® Credit Card and a SeePay Visa® Credit Card (referred to herein as “SeePay Credit Card”) via the SeePay app. In order to be eligible for the offer and to apply for a SeePay Credit Card, you must be the owner of the SeePay account, and the SeePay account must have been open for at least 30 days prior to application and be in good standing. If your application is approved, your SeePay Credit Card will be linked to your SeePay account.

The SeePay Credit Card is issued by Synchrony Bank and your use of the card account will be subject to terms of the SeePay Visa Signature® Credit Card Account Agreement or the SeePay Visa® Credit Card Account Agreement, as applicable (referred to herein as “SeePay Credit Card Account Agreement”). VISA is a registered trademark of Visa International Service Association and used under license.

By applying for and using the SeePay Credit Card, you authorize us and Synchrony Bank to share your SeePay account and personal information with one another as necessary to provide SeePay Credit Card related services. You further authorize us to use SeePay Credit Card program related information provided by Synchrony Bank to provide customer service, service your SeePay account and/or SeePay Credit Card, investigate and act on SeePay account and/or SeePay Credit Card related claims, as necessary to comply with applicable law, and as otherwise permitted by our Privacy Policy. By applying for and using the SeePay Credit Card, you will also be subject to additional data sharing terms and conditions as provided for in the Synchrony Bank Privacy Policy for SeePay Visa® Credit Card and the SeePay Credit Card Account Agreement.

When the SeePay Credit Card is used to send money to another SeePay user through your SeePay account, the transaction will be treated as a purchase in accordance with the terms of the SeePay Credit Card Account Agreement. However, these transactions are not considered purchases under the terms of this user agreement for any purpose, including, but not limited to, eligibility for the SeePay Purchase Program.

Using SeePay as a Payment Method

If you have access to a SeePay balance and have enough balance to cover the entire payment, SeePay will use your balance to fund your payment. Otherwise, SeePay will charge the entire cost of the payment to your preferred payment method. The transaction type, among other factors, determines when and how we use your preferred payment method, as explained on Payment Methods.

You can set separate preferred payment methods for paying friends, purchases from authorized merchants, and SeePay Debit Card reloads. You can manage payment methods, including selecting preferred payment methods, in the Payment Methods section of your SeePay account settings. If you transact with a business profile, your preferred payment method for paying friends will be used, rather than your preferred payment method for authorized merchants.

Bank account transfers

When you use your bank account as a payment method, you are allowing us to initiate a transfer from your bank account. For these transactions, we will make electronic transfers from your bank account in the amount you authorize. You authorize us to try this transfer again if the initial transfer is rejected by your bank for any reason.

IF YOU DON’T HAVE A SeePay BALANCE OR IT DOESN’T COVER A SeePay PAYMENT, YOU SHOULD CONFIRM THAT YOUR BANK ACCOUNT CONTAINS FUNDS SUFFICIENT TO COVER THE PAYMENT BEFORE MAKING THE PAYMENT, IF FUNDED BY YOUR BANK ACCOUNT. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.

Debit card processing

SeePay will process your debit or prepaid card funded transactions through either the ATM debit network or the Visa, Mastercard or Discover network.

Sharing Transactions

We put you in control so that you can decide who can see your SeePay payments and purchases. Payments made by new SeePay accounts may be set to public by default. You can change your privacy settings for individual payments or in the Privacy section of your SeePay account settings. For more information, review Payment Activity & Privacy.

SeePay Purchase Program

IMPORTANT: ONLY QUALIFYING PAYMENTS MADE TO AUTHORIZED MERCHANTS, BUSINESS PROFILES OR USING YOUR SeePay DEBIT CARD WILL BE ELIGIBLE FOR THE SeePay PURCHASE PROGRAM. THIS PROGRAM DOES NOT APPLY TO ANY OTHER TRANSACTION CONDUCTED USING SeePay .

When you buy something from an authorized merchant or a business with a SeePay business profile or with your SeePay Debit Card, you may be eligible for a refund under the SeePay Purchase Program. When applicable, the SeePay Purchase Program entitles you to reimbursement for the full purchase price of the item plus the original shipping costs you paid, if any. We determine, in our sole discretion, whether your claim qualifies for the SeePay Purchase Program. Our original determination is considered final, but you may be able to file an appeal of the decision with us if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.

You may be required to return the item to the seller or other party we specify as part of the settlement of your claim. The SeePay Purchase Program does not entitle you to reimbursement for the return shipping costs that you may incur.

The SeePay Purchase Program may apply when you encounter these specific problems with an eligible purchase:

• You didn’t receive your item (referred to as an “Item Not Received” claim), or

• You received an item, but the item isn’t what you ordered (referred to as a “Significantly Not as Described” claim).

If you believe that a transaction made through your SeePay account was not authorized by you, this type of claim is different from the SeePay Purchase Program, and is described below under Protection from Unauthorized Transactions.

Item Not Received claims

Your claim will not qualify for a refund under the SeePay Purchase Program for an Item Not Received claim if:

• You collect the item in person, or arrange for it to be collected on your behalf, including if you use your SeePay Debit Card or your SeePay account in a physical store, except for in-person SeePay QR code transactions or

• The seller has provided proof of shipment or proof of delivery.

If the seller presents evidence that they delivered the goods to you, SeePay may find in favor of the seller for an Item Not Received claim even if you claim you did not receive the goods.

Significantly Not as Described claims

An item may be considered Significantly Not as Described if:

• The item is materially different from the seller’s description of it.

• You received a completely different item.

• The condition of the item was misrepresented. For example, the item was described as “new” but the item was used.

• The item was advertised as authentic but is not authentic (i.e. counterfeit).

• The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.

• You purchased a certain number of items but didn’t receive them all.

• The item was damaged during shipment.

• The item is unusable in its received state and was not disclosed as such.

An item may not be considered Significantly Not as Described if:

• The defect in the item was correctly described by the seller in its description of the item.

• The item was properly described but you didn't want it after you received it.

• The item was properly described but did not meet your expectations.

• The item has minor scratches and was described as “used."

General eligibility for SeePay Purchase Program

To be eligible for the SeePay Purchase Program you must meet all of the following requirements:

• You have a SeePay account in good standing.

• You pay for the eligible item using your SeePay account (either with your SeePay Debit Card, through an authorized merchant’s mobile website, app, or SeePay QR code, or by sending a payment to a business profile).

• You have previously attempted to resolve the issue directly with the seller.

• You respond to our request for documentation and other information within the time requested.

• You open a dispute with us within 180 days of the date you made the purchase, then follow our dispute resolution process.

• You have not received a recovery related to such purchase from another source.

Ineligible items and transactions under the SeePay Purchase Program

Payments for the following are not eligible for reimbursement under the SeePay Purchase Program:

• Any payments made using your SeePay account that are not SeePay Debit Card, authorized merchant purchases or payments to a business profile.

• Real estate, including residential property.

• Financial products or investments of any kind.

• Businesses (when you buy or invest in a business).

• Vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats.

• Significantly Not As Described claims for wholly or partly custom-made items or items picked up in person, except for in-person SeePay QR code transactions.

• Donations, including payments on crowdfunding platforms.

• Items prohibited by this user agreement and/or the Acceptable Use Policy.

• For Item Not Received claims, items which you collect in person or arrange to be collected on your behalf, including items bought in a seller’s store location, except for in-person SeePay QR code transactions.

• Industrial machinery used in manufacturing.

• Anything purchased from, or an amount paid to, a government agency.

• Stored value items such as gift cards and pre-paid cards.

• Gambling, gaming and/or any other activity with an entry fee and a prize.

• Payments sent using your SeePay account to any bill payment service.

SeePay Purchase Program dispute resolution process

If you’re unable to resolve a transaction related issue directly with a seller, you can file a SeePay Purchase Program claim using the steps described below. If you do not follow these steps your claim may be denied:

Step 1: Open a dispute within 180 days of the date you made the purchase using our support channels (by calling an agent at (855) 812-4430, email support@SeePay .com, or chat in the app). Please include information on the disputed transaction and the reason for your claim, including the date and amount of the transaction, the seller’s name, and an explanation of your issue.

Step 2: Respond to our requests for documentation or other information. We may require you to provide receipts, third party evaluations, police reports or other documents that we specify. You must respond to these requests in a timely manner as requested in our correspondence with you.

Step 3: Comply with our shipping requests in a timely manner, if you’re filing a Significantly Not as Described claim, we may require you, at your expense, to ship the item back to the seller, to us or to a third party (which we will specify) and to provide proof of delivery.

Proof of delivery means:

• For transactions that total less than $750 U.S. dollars, confirmation that can be viewed online and includes the delivery address showing at least city/state or zip code, delivery date, and the identity of the shipping company you used.

• For transactions that total $750 U.S. dollars or more, you must provide signature confirmation of delivery.

Step 4: We will make a decision (including automatically closing any dispute or claim), in our sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the dispute resolution process or any other information we deem relevant and appropriate under the circumstances.

Dispute with us or your card issuer

If you used a debit or credit card as the payment method for a transaction with an authorized merchant through your SeePay account and you are dissatisfied with the transaction, you may be entitled to dispute the transaction with your card issuer. Applicable card chargeback rights may be broader than those available to you under the SeePay Purchase Program. For example, if you dispute a transaction with your card issuer, you may be able to recover amounts you paid for unsatisfactory items even if they don’t qualify for protection under a Significantly Not as Described claim with us.

You must choose whether to pursue a dispute with us under the SeePay Purchase Program, or to pursue the dispute with your card issuer. You can’t do both at the same time or seek a double recovery. If you pursue a dispute/claim with us under the SeePay Purchase Program and you also pursue a dispute for the same transaction with your card issuer, we’ll close your dispute/claim with us. This won’t affect the dispute process with your card issuer. In addition, if you pursue a dispute with your card issuer, you cannot pursue a dispute/claim under the SeePay Purchase Program with us later.

If you choose to dispute a transaction with us under the SeePay Purchase Program and we decide against you, you can seek to pursue the dispute with your card issuer later. If we do not make a final decision on your claim until after your card issuer's deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the seller or your card issuer).

Before contacting your card issuer or filing a dispute with us under the SeePay Purchase Program, you should contact the seller to attempt to resolve your issue in accordance with the seller’s return policy.

Refunds, Reversals and Chargebacks

Payments that are invalidated and reversed

Payments may be invalidated and reversed by us if, among other reasons, we sent the payment to you in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, we determine that a purchase is eligible for the SeePay Purchase Program (in which case we may reverse funds from the seller’s account to refund the buyer) or if the payment was for activities that violated this user agreement or any other agreement with us.

As the sender or recipient of a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment and we may recover the amount of the payment (plus any fees) from you. We may recover the amount of the payment from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your account to cover the liability.

When recovering the amount of an invalidated payment from you, we may apply any money sent to you on SeePay , request that you add money to your account for the amount of the payment and apply that money to amounts owed, and/or we may:

• engage in collection efforts to recover such amounts from you;

• take any or all action as outlined under Amounts Owed to Us; and

• place a limitation or take other action on your SeePay account as outlined under Restricted Activities and Holds and Limitations.

If we invalidate a payment because the card issuer or originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. If you believe that a payment initiated with your SeePay account was not authorized, then you must notify us immediately, even if you (or someone else) disputes the transaction with the card issuer or originating bank. Please see below under the heading Reporting an Unauthorized Transaction for information about how to notify us. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you, as described above.

Refunds for Transactions Through Business Profiles

When you buy something from a seller that has a business profile on SeePay and the transaction is refunded, the money will be sent back to you. Money may not always be refunded to the payment method originally used.

If you receive a payment through a business profile for selling goods and services and that payment is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fees below).

In the event of a successful claim under the SeePay Purchase Program, we will initiate the refund process. The amount of the refund will be deducted from your business profile. If the balance in your business profile does not cover the payment amount due, plus the fees, this will result in a negative balance, which you owe to us. In that situation, we may use any of the payment methods linked to your business profile to cover the amount due. If the payment methods linked to your business profile do not cover the amount due, you must immediately add funds to your balance to resolve the negative balance. If you don’t, we will take any or all actions as outlined under Amounts Owed to Us.

Chargeback fees

If you receive a debit or credit funded payment in your business profile and the buyer pursues a chargeback for the transaction with their card issuer, we may assess a chargeback fee.

Restricted Activities

In connection with your use of our websites, your SeePay account, the SeePay services, or in the course of your interactions with us, other customers, or third parties, you must not:

• Breach this user agreement, the Acceptable Use Policy, or any other agreement between you and us;

• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);

• Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

• If you have a personal account, use your SeePay account to conduct transactions for goods or services with other personal accounts, except as expressly authorized by SeePay (e.g., for purchases from authorized merchants or a business profile or made using your SeePay Debit Card);

• Create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;

• Act in a manner that is defamatory, trade libelous, threatening or harassing;

• Provide false, inaccurate or misleading information;

• Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;

• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

• Attempt to double dip during the course of a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank or card issuer for the same transaction;

• Control an account that is linked to another SeePay or SeePay account that has engaged in any of these restricted activities;

• Use the SeePay services in a manner that results in or may result in:

  • complaints;

  • disputes; claims, reversals, chargebacks,

  • fees, fines, penalties or other liability or losses to SeePay or SeePay , other customers, third parties or you;

• Use your SeePay account or the SeePay services in a manner that we, Visa, Mastercard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules, or for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;

• Have any amounts owed to us;

• Provide yourself a cash advance from your credit card (or help others to do so);

• Access the SeePay services from outside the United States;

• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf or the SeePay services;

• Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or SeePay services;

• Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;

• Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf, any of the SeePay services or other users’ use of any of the SeePay services;

• Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;

• Use the SeePay services to test credit card behaviors, or make excessive or unexplainable transactions;

• Circumvent any of our policies or determinations about your SeePay account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional SeePay account(s) when you have amounts owed to us or when your SeePay account has been restricted, suspended or otherwise limited; opening new or additional SeePay accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s SeePay account; or

• Harass and/or threaten our employees, agents, or other users.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any restricted activities, we may take a number of actions to protect ourselves, our customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:

• Terminate this user agreement, limit your SeePay and/or SeePay account, and/or close or suspend your SeePay and/or SeePay account, including cancelling your SeePay Debit Card (if any), immediately and without penalty to us;

• Refuse to provide the SeePay or SeePay services to you in the future;

• Limit your access to our websites, software, systems (including any networks and servers used to provide any of the SeePay or SeePay services) operated by us or on our behalf, your SeePay or SeePay account or any of the SeePay or SeePay services, including limiting your ability to pay or send money with any of the payment methods linked to your SeePay or SeePay account, restricting your ability to send money or make bank transfers;

• Hold money in your SeePay account for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;

• Suspend your eligibility for the SeePay Purchase Program and/or SeePay ’s Purchase Protection Program;

• Update inaccurate information you provided us;

• Take legal action against you; or

• If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to us caused by your violation of this policy.

If we close your SeePay account or terminate your use of the SeePay services for any reason, we’ll provide you with notice of our actions and make any unrestricted money held in your SeePay account or that has been sent to you available for bank transfers.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the SeePay services. For example, if you send a payment funded by your bank account and your bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment.

Holds and Limitations

What are holds and limitations

Under certain circumstances, in order to protect SeePay and the security and integrity of the network that uses the SeePay services, SeePay may, in its sole discretion, take account-level or transaction-level actions. A hold may be placed on your SeePay account, including any associated business profile.

Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of SeePay , our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your SeePay account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

Holds

A hold is an action that SeePay may take under certain circumstances either at the transaction level or the account level. When SeePay places a temporary hold on a transaction, the money is not available to either the sender or the recipient. SeePay reviews many factors before placing a hold on a transaction, including: account tenure, transaction activity, and past disputes.

Holds based on SeePay ’s risk decisions

We may place a hold on transactions involving your SeePay account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your SeePay account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and third parties.

Risk-based holds may remain in place for up to 180 days from the date the transaction was made. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion.

Account Limitations

Limitations may be placed on your account to help protect SeePay and SeePay users when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your SeePay account open.

There are several reasons why your SeePay account could be limited, including:

• If we suspect someone could be using your SeePay account without your knowledge, we’ll limit it for your protection and look into the unusual activity.

• If another financial institution alerts us that someone has used one of your linked payment methods without permission.

• In order to comply with the law.

• If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy or Content Standards.

You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your SeePay account, placing a hold or limitation on your SeePay account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your SeePay account. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limitation may remain in place longer than 180 days.

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your SeePay account, you should regularly log into your SeePay account and review your SeePay account statement. We will notify you of each transaction by sending an email to your primary email address on file and/or creating a story in your feed, depending on your preferences. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

We will protect you from unauthorized activity in your SeePay account. The following terms and conditions apply with respect to all SeePay services, other than those associated with the SeePay Debit Card or SeePay Credit Card. For resolution procedures for unauthorized transactions and other errors associated with your use of the SeePay Debit Card or SeePay Credit Card, please see the SeePay Mastercard Cardholder Agreement or the SeePay Visa® Credit Card Account Agreement. When the below protection applies, we will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when money is sent from your SeePay account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your SeePay account, and sends a payment from your SeePay account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

• If you give someone access to your SeePay account (by giving them your login information) and they use your SeePay account without your knowledge or permission. You are responsible for transactions made in this situation.

• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

Reporting an Unauthorized Transaction

If you believe your SeePay login information has been lost or stolen, please contact SeePay customer service immediately or call: 855-812-4430 or write: SeePay , Inc., Attn: SeePay Error Resolution Department, P.O. Box 45950, Omaha, NE 68145-0950.

Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission using your login information or by other means, or if your SeePay -activated mobile phone has been lost, stolen, or deactivated. You could lose all the money in your SeePay account. If you tell us within 60 days after we provide you your SeePay account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions.

Also, if your SeePay account statement shows transfers that you did not make, including those made with your SeePay login information or by other means, tell us at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

Filing a chargeback or reversal with your financial institution related to a SeePay payment does not constitute notice of an Unauthorized Transaction to us. You must contact us directly to notify us of Unauthorized Transactions by reaching out to SeePay customer service or calling: 855-812-4430 or writing: SeePay , Inc., Attn: SeePay Error Resolution Department, P.O. Box 45950, Omaha, NE 68145-0950.

Error Resolution

What is an error

An “error” means the following:

• When money is either incorrectly taken from your SeePay account or incorrectly placed into your SeePay account, or when a transaction is incorrectly recorded in your SeePay account.

• You send a payment and the incorrect amount is debited from your SeePay account.

• An incorrect amount is credited to your SeePay account.

• A transaction is missing from or not properly identified in your SeePay account statement.

• We make a computational or mathematical error related to your SeePay account.

What is not considered an error

The following are NOT considered errors:

• If you give someone access to your SeePay account (by giving them your login information) and they use your SeePay account without your knowledge or permission. You are responsible for transactions made in this situation.

• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

• You request a receipt or periodic statement documents that we are required to provide to you.

• Routine inquiries about money in your SeePay account or the status of a pending transfer to or from your SeePay account, unless you expressly notify us of an error in connection with the transfer.

• Requests for duplicate documentation or other information for tax or other recordkeeping purposes.

• Claims under the SeePay Purchase Program.

In case of errors or questions about your electronic transfers

Telephone us at 855-812-4430, contact us through the Help Center on the SeePay website; or write us at SeePay , Inc., Attn: SeePay Error Resolution Department, P.O. Box 45950, Omaha, NE 68145-0950.

Notify us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Filing a chargeback or reversal with your financial institution related to a SeePay payment does not constitute notice of an error to us. You must contact us directly to notify us of errors. When you notify us:

• Tell us your name and account number (if any).

• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

• 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.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your SeePay account within 10 Business Days for the amount you think is in error and will notify you within 2 Business Days of the credit, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your SeePay account.

For errors involving new SeePay accounts or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new SeePay accounts, we may take up to 20 Business Days to credit your SeePay account for the amount you think is in error.

We will tell you the results within 3 Business Days after completing our investigation.

• If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.

• If we decide that there was no error, we will send you a written explanation, and, if you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your account. You may ask for copies of the documents that we used in our investigation.

Processing Errors

We will rectify any processing error that we discover. If the error results in:

• You receiving less than the correct amount to which you were entitled, then we will credit your SeePay account for the difference between what you should have received and what you actually received.

• You receiving more than the correct amount to which you were entitled, then we will debit your SeePay account for the difference between what you actually received and what you should have received.

• Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:

  • through no fault of ours, you did not have enough available funds to complete the transaction;

  • our system was not working properly and you knew about the breakdown when you started the transaction; or

  • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

• Delays that result from us applying holds or limitations.

• Delays based on a payment review or bank transfer review.

• Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations.

• Your errors in making a transaction (for example, mistyping an amount of money that you are sending).

Communications Between You and Us

If you provide us your mobile phone number, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your SeePay branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent.

We may communicate with you about your SeePay account and the SeePay services electronically as described in our Consent to Receive Electronic Disclosures. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.

Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Protection from Unauthorized Transactions process), written notices must be sent by postal mail to: SeePay , Inc., Attention: Legal Department, 2211 North First Street, San Jose, California 95131.

You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Our Rights

Our suspension and termination rights

We, in our sole discretion, reserve the right to suspend or terminate this user agreement, access to or use of our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf or some or all of the SeePay services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted money being held for you.

Security interest

As security for the performance of your obligations under this user agreement, you grant to us a lien on, and security interest in and to, money in your SeePay account and any other funds held in our possession.

Amounts owed to us

We may deduct amounts owed to us, in whole or in part, from money that is sent to your SeePay account later, either by you or from payments sent to you. While you owe amounts to us, we may:

• reverse payments you have sent;

• engagein collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts; and

• place a limitation or take other action on your SeePay account as outlined under Restricted Activities and Holds.

If you have more than one SeePay account, even if you have those accounts without our authorization and in breach of this agreement, we may set off amounts owed to us in one SeePay account against money in or money sent to your other SeePay account(s). If you continue using your SeePay account when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your account.

In addition to the above, if you have a past due amount owed to us, including our affiliates, we may debit your SeePay account or accounts held at our affiliates or various products to pay any amounts that are past due. This includes accounts and amounts owed by using our various products such as SeePay.

IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT YOUR PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement.

Assumption of rights

If we invalidate and reverse a payment that you made to a recipient (either at your initiative or otherwise), you agree that we assume your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in our discretion.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term “SeePay ” to refer to SeePay , Inc., our parent SeePay Holdings, Inc., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You must indemnify SeePay for actions related to your SeePay account and your use of the SeePay services. You agree to defend, indemnify and hold SeePay harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the SeePay services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your SeePay account or access our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf, or any of the SeePay services on your behalf.

Limitation of liability

SeePay ’s liability is limited with respect to your SeePay account and your use of the SeePay services. In no event shall SeePay be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf, any of the SeePay services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, SeePay is not liable, and you agree not to hold SeePay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf, or any of the SeePay services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf and any of the SeePay services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf or any of the SeePay services or any website or service linked to our websites, software or any of the SeePay services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf or any of the SeePay services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your SeePay account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or our policies.

Disclaimer of Warranty and Release

No warranty

The SeePay services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We do not have any control over the products or services provided by sellers who accept SeePay as a payment method, and we cannot ensure that a SeePay user or a seller you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the SeePay services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the SeePay services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

Your Release of Us

If you have a dispute with any other SeePay account holder, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Agreement to Arbitrate

If a dispute arises between you and SeePay regarding the SeePay services or otherwise, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and SeePay regarding the SeePay services may be reported to customer service online through the SeePay Help Center at any time, or by calling 855-812-4430 from Mon-Fri 10:00 AM to 6:00 PM EST.

ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this user agreement including, but not limited to, any claim that all or any part of this user agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, SeePay will pay the costs of the arbitration (but not your attorney fees), up to $3,000.

This user agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in New York City, New York, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating such claims or disputes.

Waiver of Right to Jury; Class Action Waiver

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

Content Posted by Users

When using SeePay ’s products and services, you may have the ability to post content (e.g., payment descriptions, business description, comments and/or photos). You are solely responsible for all content that you provide, post, upload or submit.

We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any content posted by users on SeePay . SeePay does not endorse, guarantee, make representations or provide warranties regarding any such content.

SeePay may, in its sole discretion, reject or remove any content that violates our content standards below or for any other reason we deem the content inappropriate. SeePay shall have no obligation to monitor content posted, uploaded or submitted by a user, but may do so at its sole discretion. SeePay is not responsible for any failure or delay in removing any such content.

Content Standards

You may not post or submit any content that violates our Acceptable Use Policy or any content that is:

• false, misleading, deceiving, inaccurate or dishonest

• defamatory or invasive of another person's right of privacy or right of publicity

• harmful, obscene, harassing, abusive, offensive, objectionable, violent or condoning violence or harm, displaying nudity or sexual activity, or otherwise unfit for publication

• inciting hatred of individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity; portraying or inciting animal cruelty or neglect

• illegal, such a criminal activity, terrorism, obscenity, child pornography, human exploitation, gambling, drug use, firearms or ammunition, and piracy

• infringing intellectual property or other proprietary rights of any party, or not authorized, such as content that you did not create or do not have the permission to use

• creating a privacy or security risk to any person

• spam, letters or pyramid schemes

• in SeePay ’s sole discretion, objectionable or exposes users to harm or liability.

Please report inaccurate, inappropriate or offensive content, policy violations or other violations to our Content Standards (other than intellectual property infringement claims, which are covered in section Submitting Intellectual Property Complaints) using this link.

Intellectual Property

Our trademarks

"SeePay .com," "SeePay ," and all logos related to the SeePay services are either trademarks or registered trademarks of SeePay or SeePay ’s licensors. You may not copy, imitate, modify or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of SeePay . You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the SeePay services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes SeePay or the SeePay services or display them in any manner that implies SeePay ’s or SeePay ’s sponsorship or endorsement. All right, title and interest in and to the SeePay websites, any content thereon, the SeePay services, the technology related to the SeePay services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of SeePay and its licensors.

License grants, generally

If you are using our software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then SeePay grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use our software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the SeePay services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, us and third parties. We may update or discontinue any software upon notice to you. While we may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the SeePay services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to our software are owned by SeePay and any third party materials integrated therein are owned by our third party service providers. Any other third party software application you use on the SeePay websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that SeePay does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the SeePay services.

License grant from you to SeePay ; intellectual property warranties

We do not claim ownership of the content that you provide, upload, submit or send to us. When you provide content to us or post content using SeePay services, you grant us, our affiliates and our users (including parties that we work with) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable and worldwide license to duplicate, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others and otherwise use your content and associated intellectual property and publicity rights to help us improve, operate, promote, advertise and market our current services and develop new ones, in any form, medium or technology now known or later developed. We will not compensate you for any of your content.

You further represent and warrant that (1) you own or otherwise have all the licenses, rights, consents and permissions in your content necessary to make the above license and grant, (2) your content is accurate and (3) your content and our use of your content do not and will not infringe any intellectual property, privacy, proprietary or publicity rights, or otherwise violate confidentiality obligations, these terms or applicable law. Further, you agree to waive your moral rights and promise not to assert any rights in your content against us.

Submitting Intellectual Property Complaints

We respect the intellectual property of others and require that SeePay account holders comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the SeePay platform that is subject to intellectual property rights claims.

If you believe that content you posted on the site was removed, or access to it was disabled, by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to the email or address above pursuant to the DMCA.

We may terminate an infringer’s access to SeePay products or services in our sole discretion and we have a policy to terminate accounts of repeat infringers.

Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without our prior written consent. We may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

Business Days

“Business Day(s)” means Monday through Friday, excluding holidays when SeePay ’s offices are not considered open for business in the U.S. Holidays include New Year’s Day (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a holiday falls on a Saturday, we observe the holiday on the prior Friday. If the holiday falls on a Sunday, we observe the holiday on the following Monday.

Consumer fraud warning

We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:

• Seller Scam: a scammer sends you a fraudulent payment for goods or services you provide outside of SeePay .

• Accidental Payment: a scammer sends you a fraudulent payment, claims it was accidental, and asks that you return their money.

Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Remember that if you don’t make a purchase from an authorized merchant, a business profile or with your SeePay Debit Card, you’re not covered by SeePay Purchase Program. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us.

Dormant accounts

If you do not log in to your SeePay account for two or more years, we may close your SeePay account and send any of your funds held in our possession to your primary address (if we have verified the required identifying information that you have provided to us) or, if required, escheat (send) any of your funds held in our possession to your state of residency. We will determine your state of residency based on the information provided for your SeePay account. If your address is unknown, any of your funds held in our possession will be escheated to the State of Delaware. Where required, we will send you a notice prior to escheating any of your funds. If you fail to respond to this notice, your funds held in our possession will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.

Google Maps

Your use of Google Maps while using the SeePay services on the SeePay app is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Governing law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and SeePay regarding your use of the SeePay services.

Identity authentication

You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

• asking you for further information, such as your date of birth, a social security or taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;

• requiring you to take steps to confirm ownership of your email address, phone number or financial instruments;

• ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources; or

• requiring you to provide your driver’s license or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain SeePay services. We reserve the right to close, suspend, or limit access to your SeePay account and/or the SeePay services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

Money Transmitter Licenses

SeePay , Inc. is a licensed provider of money transfer services and all money transmission is provided by SeePay , Inc., pursuant to SeePay , Inc.’s licenses. See our licenses for additional information and for disclosures that Company is required to post by certain jurisdictions.

SeePay is only a payment service provider

We act as a payment service provider only. We do not:

• Act as an escrow agent with respect to any money sent to you on SeePay that has not been transferred;

• Act as your agent or trustee;

• Enter into a partnership, joint venture, agency or employment relationship with you;

• Guarantee the identity of any user or seller;

• Determine if you are liable for any taxes; or

• Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from your use of our services.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

State disclosures

In addition to reporting complaints about the SeePay services directly to us as described above, if you are a California resident, you may report complaints to the California Department of Business Oversight by mail at Department of Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 or online through its website at http://www.dbo.ca.gov/Consumers/consumer_services.asp. The California Department of Business Oversight offers assistance with its complaint form by phone at 866-275-2677. If you are a California resident, you have a right to receive communications about your SeePay account and the SeePay services by email. To make such a request, send a letter to SeePay to: SeePay , Inc., Attention: Legal Department, 2211 North First Street, San Jose, California 95131), include your email address, and your request for that information by email.

Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.

Third party providers

The SeePay app works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Your use of the SeePay services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service, which we collectively refer to as “Covered Third Parties.” You agree to comply with all applicable third-party terms of agreement when using the SeePay Services. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and SeePay , not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the SeePay services and for providing maintenance and support services for the SeePay services.

Covered Third Parties have no warranty obligations whatsoever with respect to the SeePay Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the SeePay services to conform to any warranty provided by us, if any, will be our sole responsibility.

We, not any Covered Third Parties, are responsible for addressing any claims relating to the SeePay services, including, but not limited to: (i) product liability claims; (ii) any claim that the SeePay Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.

If you are using the SeePay Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the SeePay services.

Unlawful internet gambling notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your SeePay account or your relationship with SeePay . Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

Your use of information; Data protection laws

If you receive information about any SeePay customer, you must keep the information confidential and only use it in connection with the SeePay services. You may not disclose or distribute any information about SeePay users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a SeePay customer or use the SeePay services to collect payments for sending, or assist in sending, unsolicited emails to third parties.

The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement.

In complying with such laws, you will:

• implement and maintain all appropriate security measures for the processing of personal data; and

• not knowingly do anything or permit anything to be done which might lead to a breach of any privacy data protection laws by us.

 Welcome to SeePay!

We may revise this user agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 21 days. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

Opening a SeePay Account

We offer accounts for two types of purposes: personal accounts and approved business accounts. You may only have one personal account. To create a personal account, you must be a resident of the United States or one of its territories, be at least 18 years old or the age of majority in your state of residence and use a cellular/wireless telephone number that you own. Your SeePay account is a personal account unless you have received our express written approval to open a business account. In addition to this agreement, approved business accounts are also subject to the Approved Business Account Addendum.

Personal SeePay accounts let you do things like:

• Make payments with friends.

• Buy things through an authorized merchant’s mobile website, app, or SeePay business profile.

We may also offer you the ability to set up a business profile within your personal SeePay account, which you can use to receive payments for the sale of goods and services. This feature is offered in our sole discretion and may not be available to all users.

Except for commercial transactions expressly authorized by SeePay , for example, transactions with authorized merchants or business profiles, or purchases made using your SeePay Mastercard®, personal accounts may not be used to conduct business, commercial or merchant transactions with other personal accounts, which includes paying or accepting payment from other personal accounts held by users you do not personally know for goods or services (for example, concert tickets, electronic equipment, sneakers, a watch, or other merchandise). If you plan to use your SeePay account to sell goods or services, you must have an approved business account or a business profile. You may also find out more information about offering SeePay as a payment option on your website or mobile app by visiting this webpage. Keep confidential any credentials you use to access your SeePay account and the SeePay services. You must keep your phone number, email address and other contact information current in your SeePay account profile.

Setting up a Business Profile

SeePay may offer you the ability to create a single business profile in addition to your personal profile in your personal SeePay account. To be eligible, you must be an individual with a SeePay account in good standing and complete any required application process, including verification of the required identifying information. Using a business profile, you can receive payments for the sale of goods and services that do not violate the Acceptable Use Policy or any other terms between you and us. As a business profile is part of your SeePay account, any and all terms applicable to your SeePay account will also govern the business profile, unless otherwise specifically stated.

Business profiles are subject to our approval in our sole discretion, and such approval may be revoked at any time in our sole discretion.

We may restrict the use of your business profile and your SeePay account if the activity through your business profile reaches certain thresholds, involves certain activities or violates any terms between you and us. In addition, if your business profile meets certain transaction thresholds, we may require you to provide additional information and documentation to us from time to time for tax reporting or other reasons (for example, to verify your business activities or resolve claims or disputes), and we may suspend or place limits on your account until we receive the requested information and documentation.

SeePay Debit Card transactions cannot be funded by any funds held in your business profile, and instead can only be funded by funds held in your personal profile.The information you use to complete your business profile must be accurate, and any descriptions, pictures or other content associated with your profile must be owned by you and comply with the Content Standards below.

Closing Your SeePay Account

You may close your account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your SeePay account even after the SeePay account is closed. Any incomplete transactions or transfers must be completed or canceled and you must transfer any money from any personal or business profiles of your SeePay account before closing it.

In certain cases, you may not close your SeePay account, including:

• To evade an investigation.

• If you have a pending transaction or an open dispute or claim.

• If you owe amounts to us.

• If your SeePay account is subject to a hold, limitation or reserve.

• If you have a SeePay Credit Card, until such time that account is both closed and paid in full.

If your SeePay account is closed for any reason, any business profile and any SeePay Debit Card affiliated with your account will be canceled.

Link or Unlink a Payment Method

You can link or unlink certain payment methods such as a debit card, credit card, or a bank account to your SeePay account. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may contact your issuer to request this or remove your payment method from your SeePay account.

Money Sent to You on SeePay

To hold a SeePay balance and use money sent to you for SeePay payments to other users or authorized merchants, we must verify the required identifying information you provide to us. The required identifying information is:

• For a personal account or a business profile of an unincorporated business/sole proprietorship: name, physical address, date of birth, and social security or taxpayer identification number; or

• For a business profile of any other type of business legal entity: business name, business address, taxpayer identification number, and proof of business existence.

Unless you add funds to your SeePay account using Direct Deposit, any money sent to you on SeePay represents an unsecured claim against us and is not insured by the Federal Deposit Insurance Corporation (FDIC). We combine your money with the SeePay money of other SeePay users and hold it in a custodial account for the benefit of our account holders. With the exception of funds in accounts that have used Direct Deposit, we invest the money in liquid investments in accordance with state money transmitter laws. We own the interest or other earnings on these investments. However, the claim against us represented by this money is not secured by these investments and you do not have any ownership interest (either legal or beneficial) in these investments. These pooled amounts are held apart from our corporate funds, and we will neither use these amounts for our operating expenses or any other corporate purposes nor will we voluntarily make these amounts available to our creditors in the event of bankruptcy.

Adding Money to and Transferring Money out of Your SeePay Account

Adding money

If we have verified the required identifying information that you provide to us, SeePay may offer you the ability to add money to your SeePay balance from a linked bank account or through Direct Deposit. Otherwise, you cannot add money. Remember, you may use the payment methods linked to your SeePay account to fund transactions and you don’t need a SeePay balance to send money or buy something using your SeePay account.

Transferring money out of SeePay

Money in your SeePay account may be transferred out of SeePay by:

• Manually transferring it to a bank account linked to your SeePay account, or

• Transferring it via Instant Transfer to an eligible debit card or bank account linked to your SeePay account, subject to the fees applicable to such transfers that can be found in the Fees section of this document. .

• SEEPAY's payments processing is powered by Stripe! The same processing company that power companies like Uber, Spotify, Amazon, Lyft and more! There ALL payouts / payments / transfer are subject to Stripe's Terms, which are as follows.

  The first payout for every new SeePay account is typically paid out 7 days after the first successful payment is received. This waiting period can be up to 14 days for businesses in certain industries. This delay allows Stripe to mitigate some of the risks inherent in providing credit services.

  This initial payout timing requirement cannot be waived. Any changes made to your payout timing or payout method during this time will take effect after this initial delay.

  Standard payout timing

  2 business day

  Applies to: Australia, United States (except businesses in higher-risk industries)

  Payouts of your available account balance are made daily and contain payments processed two business days prior (this is how long it takes for your pending account balance to become available on this schedule). For example, payments received on a Tuesday are paid out by Thursday, and payments received on a Friday are paid out by Tuesday.

  If your business operates in a higher-risk industry, this schedule may not be available. A 14 calendar dayschedule might apply to your business instead. This delay protects your business, customers, and Stripe from the increased risk of chargebacks and potential cancellations.

  4 business day 

  Applies to: New Zealand

  Payouts are made daily and contain payments processed four business days prior. For example, payments received on a Monday are paid out by Friday.

  5 business day 

  Applies to: Malaysia

  Payouts are made daily and contain payments processed five business days prior. For example, payments received on a Monday are paid out by the following Monday.

  7 business day 

  Applies to: India

  Payouts are made daily and contain payments processed seven business days prior. For example, payments received on a Monday are paid out by the following Wednesday.

  7 calendar day 

  Applies to: All countries (except Japan and businesses in higher-risk industries)

  Payouts are made daily and contain payments processed seven calendar days prior. For example, payments received on a Tuesday are paid out by the following Tuesday.

  14 calendar day 

  Applies to: High-risk businesses

  Payouts are made daily and contain payments processed fourteen calendar days prior. For example, payments received on June 1st would be paid out on June 15th.

  30 calendar day 

  Applies to: Brazil

  Payouts are made daily and contain payments processed thirty calendar days prior. For example, payments received on July 1st would be paid out on July 31st.

  Japan weekly 

  Applies to: Japan

  Payouts are made once a week (on a day of your choosing) and include payments processed up to 4 business days prior.

  JCB, Diners Club, and Discover payments are available for payout after 30 calendar days, instead of 4 business days.

  
  

  Alternative payout schedules

  If you prefer payouts on a fixed schedule, you can choose to receive them weekly or monthly in your account’s payout settings.

  When selecting a weekly schedule, you can specify the day of the week that payments should arrive in your bank account.

  For a monthly schedule, you can specify the day of the month. Payouts scheduled between the 29th and 31st of the month are sent on the last day of shorter months.

  Selecting either of these doesn’t change how long it takes your pending balance to become available. If your account was operating on a two business day daily payout schedule, it still takes two business days for your pending balance to become available. For example, if a Stripe account changes from two business day rolling to weekly on Fridays, the available balance includes payments made in the last week before Wednesday.

  
  

  Manual payouts

  If you turn off automatic payouts in the Dashboard, you must manually send funds to your bank account. You can do this either in the Payouts section of the Dashboard or by creating payouts using the API.

  Manual payouts are available in all regions except Brazil, where payouts are always automatic.

  Instant Payouts 

  With Instant Payouts, you can instantly send funds to a supported debit card or bank account. You can request Instant Payouts 24/7, including weekends and holidays, and funds typically appear in the associated bank account within 30 minutes.

  Eligibility

  New Stripe users aren’t immediately eligible for Instant Payouts. You can check your eligibility here.

  Managing debit cards (U.S., Canada & Singapore)

  If you are eligible for Instant Payouts, you’ll need to add a debit card to your Stripe account. Use the External payout accounts and scheduling section in the Settings tab in the Dashboard. Your debit card must support Instant Payouts - you can check which banks support Instant Payouts.

  You can also edit and remove debit cards in the Dashboard. For security reasons, you must remove and re-add a debit card if you need to edit any card details.

  Managing bank accounts (UK)

  Eligible Stripe users in the UK can use Instant Payouts with a bank account (beta). Use the External payout accounts and scheduling section in the Settings tab in the Dashboard to manage bank accounts. Your bank account must support Instant Payouts - you can check which banks support Instant Payouts.

  Creating an Instant Payout

  Once you have a supported debit card or bank account linked to your account, you can check your available balance in the Dashboard and create an Instant Payout. Stripe assesses a fee on each Instant Payout, which is reflected in the Dashboard. More details can be found on the pricing page.

  Minimum payout amounts 

  For most Stripe users, there is no minimum payout amount. However, there are a some exceptions:

  • EUR bank accounts have a minimum payout of 1.00 EUR

  • GBP bank accounts have a minimum payout of 1.00 GBP

  • CHF bank accounts have a minimum payout of 5.00 CHF

  • NOK, DKK, and SEK bank accounts have a minimum payout of 20.00 kr

  • MXN bank accounts have a minimum payout of 10.00 MXN

  • MYR bank accounts have a minimum payout of 5.00 MYR

  • SGD bank accounts have a minimum payout of 1.00 SGD

  • PLN bank accounts have a minimum payout of 5.00 PLN

  • CZK bank accounts have a minimum payout of 30.00 CZK

  • RON bank accounts have a minimum payout of 5.00 RON

  • BGN bank accounts have a minimum payout of 2.00 BGN

  • HUF bank accounts have a minimum payout of 360.00 HUF

  If your available account balance is less than the minimum payout amount, it remains in your Stripe account until your balance increases.

  Negative payouts.

  Each payout reflects your available account balance at the time it was created. In some cases, you may have a negative account balance. For example, if you receive 100 USD in payments but refund 200 USD of prior payments, your account balance would be -100 USD. If you don’t receive further payments to balance out the negative amount, Stripe creates a payout that debits your bank account.

  Your bank account must support both credit and debit transactions so that Stripe can perform any required payouts.

  Payout failures.

  If your bank account can’t receive a payout for any reason, your bank sends the funds back to us. This returns an error with the reason for the failure. It can take up to five additional business days for your bank to return the payout and inform us that it has failed. If this happens, you’re notified by email and in the Dashboard. To ensure that your bank account details are correct, you need to re-enter them if a payout fails. After you re-enter your bank account details, Stripe attempts to perform the payout again at the next scheduled payout interval.

  When a payout fails, it’s possible that its state initially shows as paid but then changes to failed (within 5 business days).

  Make sure that the bank account information you provide is correct. If it’s not (e.g., a typo in the account number), it’s possible to send payouts to another bank account holder. If you’re certain that your banking details are correct, or have contacted your bank to resolve any issues on their end, you can resume payouts by clicking. Resume Payouts. If you still haven’t received a payout from Stripe, nor been notified that it’s failed after a suitable amount of time, please get in touch

You can manage linked payment methods in the Payment Methods section of your SeePay account settings. We may set limits on your bank transfers, and you can view bank transfer limits on the Bank Transfer Limits page. The fees applicable to transferring money out of SeePay can be found on the Fees page. Fees and limits may change from time to time in our sole discretion.

Bank transfer reviews

We review account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to money in it or that is sent to you until verification is completed.

Reviews may result in:

• delayed, blocked or cancelled transfers;

• money or payments being held by us;

• money or payments being applied to amounts you owe to us or used to offset loss incurred by us;

• account limitation, suspension or termination;

• money or payments being seized to comply with a court order, warrant or other legal process; and/or

• money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).

Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised SeePay account, or if you were a participant in a transaction for goods and services between two personal accounts.

SeePay SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOW AND TRUST. DO NOT USE SeePay TO TRANSACT WITH PEOPLE YOU DON’T KNOW, ESPECIALLY IF THE PAYMENT INVOLVES THE PURCHASE OR SALE OF A GOOD OR SERVICE. UNLESS SeePay EXPRESSLY AUTHORIZES YOUR PAYMENT FOR A GOOD OR SERVICE, FOR EXAMPLE, TRANSACTIONS WITH AN AUTHORIZED MERCHANT OR BUSINESS PROFILE, OR TRANSACTIONS MADE WITH YOUR SeePay DEBIT CARD, PAYING OR RECEIVING PAYMENT FOR A GOOD OR A SERVICE IS PROHIBITED. IF YOU USE SeePay TO CONDUCT SUCH A TRANSACTION AND WE LATER REVERSE THE PAYMENT (WHICH COULD OCCUR IF IT IS DETERMINED THAT THIS AGREEMENT WAS VIOLATED OR IF THE PAYMENT WAS MADE USING A COMPROMISED PAYMENT METHOD OR ACCOUNT), YOU COULD LOSE BOTH THE UNDERLYING GOODS OR SERVICES AND THE MONEY SENT FOR THEM.

Direct Deposit and FDIC Pass-Through Insurance

Direct Deposit

If you are eligible for Direct Deposit and we have verified your required identifying information, you may arrange to have all or part of your paycheck or, where permitted by law, any federal or state government benefit or payment (e.g., Federal tax refunds or Social Security payment) transferred directly into your SeePay account by your employer or relevant government payer, as applicable (Direct Deposit). We determine eligibility for Direct Deposit in our sole discretion. If you are eligible for Direct Deposit, you will see the Direct Deposit feature in your SeePay app settings. To enroll, you will need to provide your employer or the government payer, as applicable, with the account and routing numbers found in the Direct Deposit section available in the SeePay app or any alternate or additional form requested by your employer or government payer. We do not charge any fees to set up or maintain Direct Deposit.

Direct Deposit and the earlier availability of the funds is subject to payer’s support of the feature and timing of payer’s funding. Funds transferred via Direct Deposit generally will be available on the day the funds are applied to your account. Because we do not receive funds via Direct Deposit instantly, there will be some delay between the payment being sent by your employer and the payment arriving to SeePay . For example, Direct Deposit of funds may be delayed in the event of a federal or bank holiday. You may review your periodic statements or transaction history on SeePay .co or call Customer Service to verify that each Direct Deposit has been received.We reserve the right to accept, reject or limit transfers via Direct Deposit in our sole discretion. If you wish to cancel Direct Deposits, you must contact your employer or government payer.

Please note that in order to assist in the prevention of fraud we require the following in connection with Direct Deposit:

• In connection with tax refunds (i) the name and Social Security Number associated with each refund payment must match the name and social security number associated with your SeePay account; and (ii) in the case of joint tax returns, the first name and Social Security Number associated with the refund payment must be the name and social security number of the SeePay account holder.

• In connection with non-tax refunds (i) the name and Social Security Number associated with each payment must match the name or Social Security Number associated with your SeePay account.

FDIC Pass-Through insurance

When you add money to your SeePay balance using Direct Deposit, SeePay will deposit all funds held in your SeePay balance into one or more custodial accounts we maintain for the benefit of SeePay account holders at one or more FDIC member banks (currently Wells Fargo Bank, N.A. or The Bancorp Bank), and the funds in your SeePay balance will be eligible to be insured by the FDIC up to the standard maximum deposit insurance amount (currently $250,000).

FDIC pass-through insurance helps protect you against the risk of loss of your funds should the FDIC-insured bank where we deposit your funds fail. If one of the banks in which we have deposited your funds fails, your funds would be eligible to be insured by the FDIC up to the standard maximum deposit insurance amount (currently $250,000). This limit applies per depositor and ownership capacity, not per account. When determining your coverage limit, the FDIC will add the funds in your eligible SeePay account to amounts you hold in the same ownership capacity in other accounts at the same bank.

If funds are received in your SeePay account other than through Direct Deposit, there might be a delay between the time that funds are credited to your SeePay account and when we actually transfer those funds to one of the custodial bank accounts. Your SeePay balance funds might not be eligible for the benefits of FDIC pass-through insurance coverage during this period, although we will still be holding the funds as your agent and custodian. You will not receive interest or any other earnings on funds held in these custodial bank accounts and you agree that any interest that may be earned on funds in a custodial bank account are owned by SeePay .

FDIC pass-through insurance does not protect you against the risk of our insolvency. We believe that, in the unlikely event of our insolvency, funds that we have on deposit in a custodial account for the benefit of our account holders should not be included in our bankruptcy estate and should be protected from claims by our creditors. Additionally, even if funds in your SeePay balance (whether held by us or held in a custodial account) are eligible for FDIC pass-through insurance and may be protected from claims by our creditors in the unlikely event of our insolvency, it is possible that you will not have access to those funds while court or other legal proceedings to determine ownership of the funds are ongoing.

Account Statements

You have the right to receive an account statement showing your SeePay account activity. You may view your SeePay account statement by logging into your SeePay account on the SeePay website.

Making Payments

You can send money to or request money from a SeePay user using the compose payments feature in your SeePay account. You can also request money from a SeePay user by splitting certain purchases. Such user will have to accept any charge request before you are sent money. When you accept a charge request sent by another SeePay user, you will send them money.

Making payments with friends

You can send money to or request money from a friend, even if they don’t have a SeePay account at the time you send the payment, using their email address or mobile number. If the friend does not have a SeePay account, they can claim the payment by opening a SeePay account. If they don’t claim any money sent within 30 days of the date it is sent, the payment will be cancelled and any money (including any fees you were charged) will be sent back to you.

Payments to a business profile

Payments for the sale of goods or services may only be sent to business profiles. You may not send regularly recurring payments to a seller’s business profile (for example, every month or otherwise on a routine billing cycle).

Certain qualifying payments made to a business profile are eligible for the SeePay Purchase Program. Sellers must keep appropriate transaction documentation and we may request such information to investigate claims made under the SeePay Purchase Program. If a seller does not provide adequate documentation, or we determine, in our sole discretion, that a claim qualifies for the SeePay Purchase Program, we may initiate a refund to the buyer by reversing the payment from the seller’s business profile, as explained further in section Refunds for Transactions Through Business Profiles.

Taxes and information reporting for business profiles

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, that may be assessed by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, including transactions through your business profile, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. SeePay is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.

You acknowledge that we may make certain reports to state and federal tax authorities regarding transactions that we process. For example, SeePay is required to report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year if you receive more than $20,000 in payments for goods and services and process more than 200 transactions involving goods or services in the same calendar year.

Fees and limits

We may, at our discretion, impose limits on the amount and/or the number of payments you can send and receive. You can view any sending limit on our Payment Limits page. These sending limits apply for all transactions combined in your account, including any transactions through your business profile.

The fees applicable to receiving, withdrawing and sending money can be found on the Fees page. If you use your credit card as the payment method when sending money, you may also be charged a cash-advance fee by your card issuer.

In order to manage risk, we may limit the payment methods available when you make a payment.

Fees and limits may change from time to time in our sole discretion.

Stripe Credit Card Processing Details Transaction CostOnline (regular): 2.9% + $0.30 Online (nonprofit*): 2.2% + $0.30 Retail/Swiped: Unavailable ACH and Bitcoin: 0.8% ($5 cap)

Networks Accepted: Visa Mastercard Discover American Express

Buying Something from Authorized Merchants

How to buy something

An “authorized merchant” means a merchant that has been authorized by us to accept SeePay as a payment method for purchases of goods and services. This includes, for example, buying something online using your mobile phone through an authorized merchant’s website or mobile app and selecting SeePay as your payment method at checkout, or buying something from a seller in-person by using a SeePay QR code.

Payments sent via the SeePay app or the SeePay website to another SeePay user do not qualify as payments to an authorized merchant. Similarly, if you are charged via the SeePay app or the SeePay website and accept the charge, this is not a payment to an authorized merchant. Except for transactions for goods and services that are expressly authorized by SeePay , for example, purchases from authorized merchants, business profiles and SeePay Debit Card purchases, you are not permitted to use SeePay as a payment method for purchases of goods and services.

Some merchants may require you to have a payment method linked to your SeePay account in order to use SeePay for purchases with the merchant.

In order to manage risk, we may limit the payment methods available for a transaction when you buy something from an authorized merchant.

When you authorize a payment to an authorized merchant, some merchants may take up to 30 days to complete the transaction. In these instances, your payment may appear as a pending transaction in your SeePay account. In that case, your authorization of the payment will remain valid until the merchant completes the transaction and we may place a temporary hold on the money in your SeePay account for the payment amount (but no longer than 30 days). If you used a debit or credit card as the payment method, your debit or credit card issuer also may show a pending authorization for a period of time until they release the hold or receive a completed transaction.

If you use your SeePay account to pay for an item and you select your bank account as the funding source for the transaction, remember that your SeePay account is issued to you by SeePay , Inc. and not your bank. The terms, benefits, and protections associated with your SeePay account may vary from those that apply to your bank account. If you use your SeePay account to make a purchase that exceeds the balance in your linked bank account, you could incur overdraft fees, even if you chose not to allow overdrafts with your bank. Similarly, the liability limits applicable to your SeePay account may differ from those applicable to your bank account.

Fees and limits

We may, at our discretion, impose limits on the amount or the number of payments you can send, including money you send for authorized merchant purchases. You can view any sending limit on our Payments Limits page.

Fees and limits may change from time to time in our sole discretion.

Payment review

We review payments you make at our discretion. When we identify a potentially high-risk payment to an authorized merchant, we review the transaction more closely before allowing it to proceed. When this happens, we will place a hold on the transaction and notify the merchant to delay shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the merchant and direct them to ship the item. If we don’t clear the transaction, we will cancel it and return the money to you, unless we are legally required to take other action.

Billing agreement payments and preauthorized payments

You can agree with an authorized merchant to use SeePay as the payment method for future payments with that merchant. This agreement is between you and the authorized merchant and allows the merchant to take payments from your SeePay account with your authorization either on a one-time, regular or sporadic basis, depending on the type of billing agreement.

“Preauthorized payments” are a type of billing agreement that allow an authorized merchant to receive payments from your SeePay account on a regularly recurring basis (for example, every month or otherwise on a routine billing cycle), and if such payments will vary in amount, you have the right to advance notice of the amount and date of the transfer from the merchant at least 10 days before the transfer is made. If the merchant provides the option, you may choose to receive this advance notice only when the amount of your preauthorized payment will fall outside a range established between you and the merchant.

You may cancel a billing agreement by reaching out to the authorized merchant directly, by disconnecting the merchant in your “Connected Merchants” page in the SeePay app, or by calling SeePay at (855) 812-4430. You may cancel a preauthorized payment up to 3 Business Days before the date of the next scheduled payment. If you cancel a billing agreement, you may still owe the merchant money for the purchase or have additional obligations to the merchant for any goods or services that you receive but have not paid for.

Refunds

When you buy something from an authorized merchant using SeePay and the transaction is ultimately refunded, the money will be sent back to you. Money may not always be refunded to the payment method originally used.

SeePay Debit Card

As part of the SeePay services, you may be offered the opportunity to apply for a SeePay Mastercard® (referred to herein as “SeePay Debit Card”) via a designated website or the SeePay app. The SeePay Debit Card is a debit card linked to your SeePay account, funded by your SeePay account balance and may be used everywhere Mastercard is accepted in the United States. If you are offered the opportunity to apply for the SeePay Debit Card and proceed to apply, you will be subject to The Bancorp Bank’s approval criteria, which includes successful identity verification. If you are unable to pass The Bancorp Bank’s identity verification procedures, you will not be eligible to receive a SeePay Debit Card. In addition, you may be subject to separate identity verification by us, and/or we may suspend or terminate your access to the SeePay and/or SeePay services.

For users with an approved SeePay business profile, please note that you may not link a SeePay Debit Card to a business profile, and funds in your business profile cannot be used as a funding source for SeePay Mastercard transactions.

The SeePay Debit Card is issued by The Bancorp Bank and your use of the card will be subject to The Bancorp Bank’s SeePay Mastercard Cardholder Agreement as well this agreement. Please see the SeePay Mastercard Cardholder Agreement for full terms and conditions applicable to the SeePay Debit Card. In the event of any inconsistency between this Agreement and the SeePay Mastercard Cardholder Agreement, the SeePay Mastercard Cardholder Agreement shall govern your use of the SeePay Debit Card and your relationship with The Bancorp Bank to the extent of such conflict.

By applying for and using the SeePay Debit Card, you authorize us and The Bancorp Bank to share your SeePay account and personal information with one another as necessary to provide SeePay Debit Card related services. You further authorize us to use SeePay Debit Card program related information provided by The Bancorp Bank to provide customer service, service your SeePay account and/or SeePay Debit Card, investigate and act on SeePay account and/or SeePay Debit Card related claims, as necessary to comply with applicable law, and as otherwise permitted by our Privacy Policy. By applying for and using the SeePay Debit Card, you will also be subject to additional data sharing terms and conditions as provided for in the SeePay Mastercard Cardholder Agreement.

We may add, change, suspend or eliminate any or all SeePay Debit Card related features and services at any time, with or without notice, subject to applicable law. We may terminate your access to any or all SeePay services, including the SeePay Debit Card, in the event you violate the SeePay Mastercard Cardholder Agreement or any agreement in force between you and us. If your SeePay account is closed for any reason, any SeePay Debit Card affiliated with your account will be canceled.

SeePay Credit Card

As part of the SeePay services, you may be offered the opportunity to apply for a SeePay Visa Signature® Credit Card and a SeePay Visa® Credit Card (referred to herein as “SeePay Credit Card”) via the SeePay app. In order to be eligible for the offer and to apply for a SeePay Credit Card, you must be the owner of the SeePay account, and the SeePay account must have been open for at least 30 days prior to application and be in good standing. If your application is approved, your SeePay Credit Card will be linked to your SeePay account.

The SeePay Credit Card is issued by Synchrony Bank and your use of the card account will be subject to terms of the SeePay Visa Signature® Credit Card Account Agreement or the SeePay Visa® Credit Card Account Agreement, as applicable (referred to herein as “SeePay Credit Card Account Agreement”). VISA is a registered trademark of Visa International Service Association and used under license.

By applying for and using the SeePay Credit Card, you authorize us and Synchrony Bank to share your SeePay account and personal information with one another as necessary to provide SeePay Credit Card related services. You further authorize us to use SeePay Credit Card program related information provided by Synchrony Bank to provide customer service, service your SeePay account and/or SeePay Credit Card, investigate and act on SeePay account and/or SeePay Credit Card related claims, as necessary to comply with applicable law, and as otherwise permitted by our Privacy Policy. By applying for and using the SeePay Credit Card, you will also be subject to additional data sharing terms and conditions as provided for in the Synchrony Bank Privacy Policy for SeePay Visa® Credit Card and the SeePay Credit Card Account Agreement.

When the SeePay Credit Card is used to send money to another SeePay user through your SeePay account, the transaction will be treated as a purchase in accordance with the terms of the SeePay Credit Card Account Agreement. However, these transactions are not considered purchases under the terms of this user agreement for any purpose, including, but not limited to, eligibility for the SeePay Purchase Program.

Using SeePay as a Payment Method

If you have access to a SeePay balance and have enough balance to cover the entire payment, SeePay will use your balance to fund your payment. Otherwise, SeePay will charge the entire cost of the payment to your preferred payment method. The transaction type, among other factors, determines when and how we use your preferred payment method, as explained on Payment Methods.

You can set separate preferred payment methods for paying friends, purchases from authorized merchants, and SeePay Debit Card reloads. You can manage payment methods, including selecting preferred payment methods, in the Payment Methods section of your SeePay account settings. If you transact with a business profile, your preferred payment method for paying friends will be used, rather than your preferred payment method for authorized merchants.

Bank account transfers

When you use your bank account as a payment method, you are allowing us to initiate a transfer from your bank account. For these transactions, we will make electronic transfers from your bank account in the amount you authorize. You authorize us to try this transfer again if the initial transfer is rejected by your bank for any reason.

IF YOU DON’T HAVE A SeePay BALANCE OR IT DOESN’T COVER A SeePay PAYMENT, YOU SHOULD CONFIRM THAT YOUR BANK ACCOUNT CONTAINS FUNDS SUFFICIENT TO COVER THE PAYMENT BEFORE MAKING THE PAYMENT, IF FUNDED BY YOUR BANK ACCOUNT. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.

Debit card processing

SeePay will process your debit or prepaid card funded transactions through either the ATM debit network or the Visa, Mastercard or Discover network.

Sharing Transactions

We put you in control so that you can decide who can see your SeePay payments and purchases. Payments made by new SeePay accounts may be set to public by default. You can change your privacy settings for individual payments or in the Privacy section of your SeePay account settings. For more information, review Payment Activity & Privacy.

SeePay Purchase Program

IMPORTANT: ONLY QUALIFYING PAYMENTS MADE TO AUTHORIZED MERCHANTS, BUSINESS PROFILES OR USING YOUR SeePay DEBIT CARD WILL BE ELIGIBLE FOR THE SeePay PURCHASE PROGRAM. THIS PROGRAM DOES NOT APPLY TO ANY OTHER TRANSACTION CONDUCTED USING SeePay .

When you buy something from an authorized merchant or a business with a SeePay business profile or with your SeePay Debit Card, you may be eligible for a refund under the SeePay Purchase Program. When applicable, the SeePay Purchase Program entitles you to reimbursement for the full purchase price of the item plus the original shipping costs you paid, if any. We determine, in our sole discretion, whether your claim qualifies for the SeePay Purchase Program. Our original determination is considered final, but you may be able to file an appeal of the decision with us if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.

You may be required to return the item to the seller or other party we specify as part of the settlement of your claim. The SeePay Purchase Program does not entitle you to reimbursement for the return shipping costs that you may incur.

The SeePay Purchase Program may apply when you encounter these specific problems with an eligible purchase:

• You didn’t receive your item (referred to as an “Item Not Received” claim), or

• You received an item, but the item isn’t what you ordered (referred to as a “Significantly Not as Described” claim).

If you believe that a transaction made through your SeePay account was not authorized by you, this type of claim is different from the SeePay Purchase Program, and is described below under Protection from Unauthorized Transactions.

Item Not Received claims

Your claim will not qualify for a refund under the SeePay Purchase Program for an Item Not Received claim if:

• You collect the item in person, or arrange for it to be collected on your behalf, including if you use your SeePay Debit Card or your SeePay account in a physical store, except for in-person SeePay QR code transactions or

• The seller has provided proof of shipment or proof of delivery.

If the seller presents evidence that they delivered the goods to you, SeePay may find in favor of the seller for an Item Not Received claim even if you claim you did not receive the goods.

Significantly Not as Described claims

An item may be considered Significantly Not as Described if:

• The item is materially different from the seller’s description of it.

• You received a completely different item.

• The condition of the item was misrepresented. For example, the item was described as “new” but the item was used.

• The item was advertised as authentic but is not authentic (i.e. counterfeit).

• The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.

• You purchased a certain number of items but didn’t receive them all.

• The item was damaged during shipment.

• The item is unusable in its received state and was not disclosed as such.

An item may not be considered Significantly Not as Described if:

• The defect in the item was correctly described by the seller in its description of the item.

• The item was properly described but you didn't want it after you received it.

• The item was properly described but did not meet your expectations.

• The item has minor scratches and was described as “used."

General eligibility for SeePay Purchase Program

To be eligible for the SeePay Purchase Program you must meet all of the following requirements:

• You have a SeePay account in good standing.

• You pay for the eligible item using your SeePay account (either with your SeePay Debit Card, through an authorized merchant’s mobile website, app, or SeePay QR code, or by sending a payment to a business profile).

• You have previously attempted to resolve the issue directly with the seller.

• You respond to our request for documentation and other information within the time requested.

• You open a dispute with us within 180 days of the date you made the purchase, then follow our dispute resolution process.

• You have not received a recovery related to such purchase from another source.

Ineligible items and transactions under the SeePay Purchase Program

Payments for the following are not eligible for reimbursement under the SeePay Purchase Program:

• Any payments made using your SeePay account that are not SeePay Debit Card, authorized merchant purchases or payments to a business profile.

• Real estate, including residential property.

• Financial products or investments of any kind.

• Businesses (when you buy or invest in a business).

• Vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats.

• Significantly Not As Described claims for wholly or partly custom-made items or items picked up in person, except for in-person SeePay QR code transactions.

• Donations, including payments on crowdfunding platforms.

• Items prohibited by this user agreement and/or the Acceptable Use Policy.

• For Item Not Received claims, items which you collect in person or arrange to be collected on your behalf, including items bought in a seller’s store location, except for in-person SeePay QR code transactions.

• Industrial machinery used in manufacturing.

• Anything purchased from, or an amount paid to, a government agency.

• Stored value items such as gift cards and pre-paid cards.

• Gambling, gaming and/or any other activity with an entry fee and a prize.

• Payments sent using your SeePay account to any bill payment service.

SeePay Purchase Program dispute resolution process

If you’re unable to resolve a transaction related issue directly with a seller, you can file a SeePay Purchase Program claim using the steps described below. If you do not follow these steps your claim may be denied:

Step 1: Open a dispute within 180 days of the date you made the purchase using our support channels (by calling an agent at (855) 812-4430, email support@SeePay .com, or chat in the app). Please include information on the disputed transaction and the reason for your claim, including the date and amount of the transaction, the seller’s name, and an explanation of your issue.

Step 2: Respond to our requests for documentation or other information. We may require you to provide receipts, third party evaluations, police reports or other documents that we specify. You must respond to these requests in a timely manner as requested in our correspondence with you.

Step 3: Comply with our shipping requests in a timely manner, if you’re filing a Significantly Not as Described claim, we may require you, at your expense, to ship the item back to the seller, to us or to a third party (which we will specify) and to provide proof of delivery.

Proof of delivery means:

• For transactions that total less than $750 U.S. dollars, confirmation that can be viewed online and includes the delivery address showing at least city/state or zip code, delivery date, and the identity of the shipping company you used.

• For transactions that total $750 U.S. dollars or more, you must provide signature confirmation of delivery.

Step 4: We will make a decision (including automatically closing any dispute or claim), in our sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the dispute resolution process or any other information we deem relevant and appropriate under the circumstances.

Dispute with us or your card issuer

If you used a debit or credit card as the payment method for a transaction with an authorized merchant through your SeePay account and you are dissatisfied with the transaction, you may be entitled to dispute the transaction with your card issuer. Applicable card chargeback rights may be broader than those available to you under the SeePay Purchase Program. For example, if you dispute a transaction with your card issuer, you may be able to recover amounts you paid for unsatisfactory items even if they don’t qualify for protection under a Significantly Not as Described claim with us.

You must choose whether to pursue a dispute with us under the SeePay Purchase Program, or to pursue the dispute with your card issuer. You can’t do both at the same time or seek a double recovery. If you pursue a dispute/claim with us under the SeePay Purchase Program and you also pursue a dispute for the same transaction with your card issuer, we’ll close your dispute/claim with us. This won’t affect the dispute process with your card issuer. In addition, if you pursue a dispute with your card issuer, you cannot pursue a dispute/claim under the SeePay Purchase Program with us later.

If you choose to dispute a transaction with us under the SeePay Purchase Program and we decide against you, you can seek to pursue the dispute with your card issuer later. If we do not make a final decision on your claim until after your card issuer's deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the seller or your card issuer).

Before contacting your card issuer or filing a dispute with us under the SeePay Purchase Program, you should contact the seller to attempt to resolve your issue in accordance with the seller’s return policy.

Refunds, Reversals and Chargebacks

Payments that are invalidated and reversed

Payments may be invalidated and reversed by us if, among other reasons, we sent the payment to you in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, we determine that a purchase is eligible for the SeePay Purchase Program (in which case we may reverse funds from the seller’s account to refund the buyer) or if the payment was for activities that violated this user agreement or any other agreement with us.

As the sender or recipient of a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment and we may recover the amount of the payment (plus any fees) from you. We may recover the amount of the payment from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your account to cover the liability.

When recovering the amount of an invalidated payment from you, we may apply any money sent to you on SeePay , request that you add money to your account for the amount of the payment and apply that money to amounts owed, and/or we may:

• engage in collection efforts to recover such amounts from you;

• take any or all action as outlined under Amounts Owed to Us; and

• place a limitation or take other action on your SeePay account as outlined under Restricted Activities and Holds and Limitations.

If we invalidate a payment because the card issuer or originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. If you believe that a payment initiated with your SeePay account was not authorized, then you must notify us immediately, even if you (or someone else) disputes the transaction with the card issuer or originating bank. Please see below under the heading Reporting an Unauthorized Transaction for information about how to notify us. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you, as described above.

Refunds for Transactions Through Business Profiles

When you buy something from a seller that has a business profile on SeePay and the transaction is refunded, the money will be sent back to you. Money may not always be refunded to the payment method originally used.

If you receive a payment through a business profile for selling goods and services and that payment is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fees below).

In the event of a successful claim under the SeePay Purchase Program, we will initiate the refund process. The amount of the refund will be deducted from your business profile. If the balance in your business profile does not cover the payment amount due, plus the fees, this will result in a negative balance, which you owe to us. In that situation, we may use any of the payment methods linked to your business profile to cover the amount due. If the payment methods linked to your business profile do not cover the amount due, you must immediately add funds to your balance to resolve the negative balance. If you don’t, we will take any or all actions as outlined under Amounts Owed to Us.

Chargeback fees

If you receive a debit or credit funded payment in your business profile and the buyer pursues a chargeback for the transaction with their card issuer, we may assess a chargeback fee.

Restricted Activities

In connection with your use of our websites, your SeePay account, the SeePay services, or in the course of your interactions with us, other customers, or third parties, you must not:

• Breach this user agreement, the Acceptable Use Policy, or any other agreement between you and us;

• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);

• Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

• If you have a personal account, use your SeePay account to conduct transactions for goods or services with other personal accounts, except as expressly authorized by SeePay (e.g., for purchases from authorized merchants or a business profile or made using your SeePay Debit Card);

• Create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;

• Act in a manner that is defamatory, trade libelous, threatening or harassing;

• Provide false, inaccurate or misleading information;

• Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;

• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

• Attempt to double dip during the course of a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank or card issuer for the same transaction;

• Control an account that is linked to another SeePay or SeePay account that has engaged in any of these restricted activities;

• Use the SeePay services in a manner that results in or may result in:

  • complaints;

  • disputes; claims, reversals, chargebacks,

  • fees, fines, penalties or other liability or losses to SeePay or SeePay , other customers, third parties or you;

• Use your SeePay account or the SeePay services in a manner that we, Visa, Mastercard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules, or for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;

• Have any amounts owed to us;

• Provide yourself a cash advance from your credit card (or help others to do so);

• Access the SeePay services from outside the United States;

• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf or the SeePay services;

• Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or SeePay services;

• Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;

• Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf, any of the SeePay services or other users’ use of any of the SeePay services;

• Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;

• Use the SeePay services to test credit card behaviors, or make excessive or unexplainable transactions;

• Circumvent any of our policies or determinations about your SeePay account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional SeePay account(s) when you have amounts owed to us or when your SeePay account has been restricted, suspended or otherwise limited; opening new or additional SeePay accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s SeePay account; or

• Harass and/or threaten our employees, agents, or other users.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any restricted activities, we may take a number of actions to protect ourselves, our customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:

• Terminate this user agreement, limit your SeePay and/or SeePay account, and/or close or suspend your SeePay and/or SeePay account, including cancelling your SeePay Debit Card (if any), immediately and without penalty to us;

• Refuse to provide the SeePay or SeePay services to you in the future;

• Limit your access to our websites, software, systems (including any networks and servers used to provide any of the SeePay or SeePay services) operated by us or on our behalf, your SeePay or SeePay account or any of the SeePay or SeePay services, including limiting your ability to pay or send money with any of the payment methods linked to your SeePay or SeePay account, restricting your ability to send money or make bank transfers;

• Hold money in your SeePay account for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;

• Suspend your eligibility for the SeePay Purchase Program and/or SeePay ’s Purchase Protection Program;

• Update inaccurate information you provided us;

• Take legal action against you; or

• If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to us caused by your violation of this policy.

If we close your SeePay account or terminate your use of the SeePay services for any reason, we’ll provide you with notice of our actions and make any unrestricted money held in your SeePay account or that has been sent to you available for bank transfers.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the SeePay services. For example, if you send a payment funded by your bank account and your bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment.

Holds and Limitations

What are holds and limitations

Under certain circumstances, in order to protect SeePay and the security and integrity of the network that uses the SeePay services, SeePay may, in its sole discretion, take account-level or transaction-level actions. A hold may be placed on your SeePay account, including any associated business profile.

Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of SeePay , our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your SeePay account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

Holds

A hold is an action that SeePay may take under certain circumstances either at the transaction level or the account level. When SeePay places a temporary hold on a transaction, the money is not available to either the sender or the recipient. SeePay reviews many factors before placing a hold on a transaction, including: account tenure, transaction activity, and past disputes.

Holds based on SeePay ’s risk decisions

We may place a hold on transactions involving your SeePay account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your SeePay account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and third parties.

Risk-based holds may remain in place for up to 180 days from the date the transaction was made. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion.

Account Limitations

Limitations may be placed on your account to help protect SeePay and SeePay users when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your SeePay account open.

There are several reasons why your SeePay account could be limited, including:

• If we suspect someone could be using your SeePay account without your knowledge, we’ll limit it for your protection and look into the unusual activity.

• If another financial institution alerts us that someone has used one of your linked payment methods without permission.

• In order to comply with the law.

• If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy or Content Standards.

You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your SeePay account, placing a hold or limitation on your SeePay account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your SeePay account. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limitation may remain in place longer than 180 days.

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your SeePay account, you should regularly log into your SeePay account and review your SeePay account statement. We will notify you of each transaction by sending an email to your primary email address on file and/or creating a story in your feed, depending on your preferences. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

We will protect you from unauthorized activity in your SeePay account. The following terms and conditions apply with respect to all SeePay services, other than those associated with the SeePay Debit Card or SeePay Credit Card. For resolution procedures for unauthorized transactions and other errors associated with your use of the SeePay Debit Card or SeePay Credit Card, please see the SeePay Mastercard Cardholder Agreement or the SeePay Visa® Credit Card Account Agreement. When the below protection applies, we will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when money is sent from your SeePay account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your SeePay account, and sends a payment from your SeePay account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

• If you give someone access to your SeePay account (by giving them your login information) and they use your SeePay account without your knowledge or permission. You are responsible for transactions made in this situation.

• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

Reporting an Unauthorized Transaction

If you believe your SeePay login information has been lost or stolen, please contact SeePay customer service immediately or call: 855-812-4430 or write: SeePay , Inc., Attn: SeePay Error Resolution Department, P.O. Box 45950, Omaha, NE 68145-0950.

Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission using your login information or by other means, or if your SeePay -activated mobile phone has been lost, stolen, or deactivated. You could lose all the money in your SeePay account. If you tell us within 60 days after we provide you your SeePay account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions.

Also, if your SeePay account statement shows transfers that you did not make, including those made with your SeePay login information or by other means, tell us at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

Filing a chargeback or reversal with your financial institution related to a SeePay payment does not constitute notice of an Unauthorized Transaction to us. You must contact us directly to notify us of Unauthorized Transactions by reaching out to SeePay customer service or calling: 855-812-4430 or writing: SeePay , Inc., Attn: SeePay Error Resolution Department, P.O. Box 45950, Omaha, NE 68145-0950.

Error Resolution

What is an error

An “error” means the following:

• When money is either incorrectly taken from your SeePay account or incorrectly placed into your SeePay account, or when a transaction is incorrectly recorded in your SeePay account.

• You send a payment and the incorrect amount is debited from your SeePay account.

• An incorrect amount is credited to your SeePay account.

• A transaction is missing from or not properly identified in your SeePay account statement.

• We make a computational or mathematical error related to your SeePay account.

What is not considered an error

The following are NOT considered errors:

• If you give someone access to your SeePay account (by giving them your login information) and they use your SeePay account without your knowledge or permission. You are responsible for transactions made in this situation.

• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

• You request a receipt or periodic statement documents that we are required to provide to you.

• Routine inquiries about money in your SeePay account or the status of a pending transfer to or from your SeePay account, unless you expressly notify us of an error in connection with the transfer.

• Requests for duplicate documentation or other information for tax or other recordkeeping purposes.

• Claims under the SeePay Purchase Program.

In case of errors or questions about your electronic transfers

Telephone us at 855-812-4430, contact us through the Help Center on the SeePay website; or write us at SeePay , Inc., Attn: SeePay Error Resolution Department, P.O. Box 45950, Omaha, NE 68145-0950.

Notify us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Filing a chargeback or reversal with your financial institution related to a SeePay payment does not constitute notice of an error to us. You must contact us directly to notify us of errors. When you notify us:

• Tell us your name and account number (if any).

• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

• 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.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your SeePay account within 10 Business Days for the amount you think is in error and will notify you within 2 Business Days of the credit, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your SeePay account.

For errors involving new SeePay accounts or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new SeePay accounts, we may take up to 20 Business Days to credit your SeePay account for the amount you think is in error.

We will tell you the results within 3 Business Days after completing our investigation.

• If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.

• If we decide that there was no error, we will send you a written explanation, and, if you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your account. You may ask for copies of the documents that we used in our investigation.

Processing Errors

We will rectify any processing error that we discover. If the error results in:

• You receiving less than the correct amount to which you were entitled, then we will credit your SeePay account for the difference between what you should have received and what you actually received.

• You receiving more than the correct amount to which you were entitled, then we will debit your SeePay account for the difference between what you actually received and what you should have received.

• Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:

  • through no fault of ours, you did not have enough available funds to complete the transaction;

  • our system was not working properly and you knew about the breakdown when you started the transaction; or

  • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

• Delays that result from us applying holds or limitations.

• Delays based on a payment review or bank transfer review.

• Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations.

• Your errors in making a transaction (for example, mistyping an amount of money that you are sending).

Communications Between You and Us

If you provide us your mobile phone number, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your SeePay branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent.

We may communicate with you about your SeePay account and the SeePay services electronically as described in our Consent to Receive Electronic Disclosures. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.

Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Protection from Unauthorized Transactions process), written notices must be sent by postal mail to: SeePay , Inc., Attention: Legal Department, 2211 North First Street, San Jose, California 95131.

You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Our Rights

Our suspension and termination rights

We, in our sole discretion, reserve the right to suspend or terminate this user agreement, access to or use of our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf or some or all of the SeePay services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted money being held for you.

Security interest

As security for the performance of your obligations under this user agreement, you grant to us a lien on, and security interest in and to, money in your SeePay account and any other funds held in our possession.

Amounts owed to us

We may deduct amounts owed to us, in whole or in part, from money that is sent to your SeePay account later, either by you or from payments sent to you. While you owe amounts to us, we may:

• reverse payments you have sent;

• engagein collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts; and

• place a limitation or take other action on your SeePay account as outlined under Restricted Activities and Holds.

If you have more than one SeePay account, even if you have those accounts without our authorization and in breach of this agreement, we may set off amounts owed to us in one SeePay account against money in or money sent to your other SeePay account(s). If you continue using your SeePay account when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your account.

In addition to the above, if you have a past due amount owed to us, including our affiliates, we may debit your SeePay account or accounts held at our affiliates or various products to pay any amounts that are past due. This includes accounts and amounts owed by using our various products such as SeePay.

IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT YOUR PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement.

Assumption of rights

If we invalidate and reverse a payment that you made to a recipient (either at your initiative or otherwise), you agree that we assume your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in our discretion.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term “SeePay ” to refer to SeePay , Inc., our parent SeePay Holdings, Inc., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You must indemnify SeePay for actions related to your SeePay account and your use of the SeePay services. You agree to defend, indemnify and hold SeePay harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the SeePay services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your SeePay account or access our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf, or any of the SeePay services on your behalf.

Limitation of liability

SeePay ’s liability is limited with respect to your SeePay account and your use of the SeePay services. In no event shall SeePay be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf, any of the SeePay services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, SeePay is not liable, and you agree not to hold SeePay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf, or any of the SeePay services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf and any of the SeePay services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf or any of the SeePay services or any website or service linked to our websites, software or any of the SeePay services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf or any of the SeePay services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your SeePay account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or our policies.

Disclaimer of Warranty and Release

No warranty

The SeePay services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We do not have any control over the products or services provided by sellers who accept SeePay as a payment method, and we cannot ensure that a SeePay user or a seller you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the SeePay services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the SeePay services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the SeePay services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

Your Release of Us

If you have a dispute with any other SeePay account holder, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Agreement to Arbitrate

If a dispute arises between you and SeePay regarding the SeePay services or otherwise, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and SeePay regarding the SeePay services may be reported to customer service online through the SeePay Help Center at any time, or by calling 855-812-4430 from Mon-Fri 10:00 AM to 6:00 PM EST.

ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this user agreement including, but not limited to, any claim that all or any part of this user agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, SeePay will pay the costs of the arbitration (but not your attorney fees), up to $3,000.

This user agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in New York City, New York, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating such claims or disputes.

Waiver of Right to Jury; Class Action Waiver

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

Content Posted by Users

When using SeePay ’s products and services, you may have the ability to post content (e.g., payment descriptions, business description, comments and/or photos). You are solely responsible for all content that you provide, post, upload or submit.

We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any content posted by users on SeePay . SeePay does not endorse, guarantee, make representations or provide warranties regarding any such content.

SeePay may, in its sole discretion, reject or remove any content that violates our content standards below or for any other reason we deem the content inappropriate. SeePay shall have no obligation to monitor content posted, uploaded or submitted by a user, but may do so at its sole discretion. SeePay is not responsible for any failure or delay in removing any such content.

Content Standards

You may not post or submit any content that violates our Acceptable Use Policy or any content that is:

• false, misleading, deceiving, inaccurate or dishonest

• defamatory or invasive of another person's right of privacy or right of publicity

• harmful, obscene, harassing, abusive, offensive, objectionable, violent or condoning violence or harm, displaying nudity or sexual activity, or otherwise unfit for publication

• inciting hatred of individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity; portraying or inciting animal cruelty or neglect

• illegal, such a criminal activity, terrorism, obscenity, child pornography, human exploitation, gambling, drug use, firearms or ammunition, and piracy

• infringing intellectual property or other proprietary rights of any party, or not authorized, such as content that you did not create or do not have the permission to use

• creating a privacy or security risk to any person

• spam, letters or pyramid schemes

• in SeePay ’s sole discretion, objectionable or exposes users to harm or liability.

Please report inaccurate, inappropriate or offensive content, policy violations or other violations to our Content Standards (other than intellectual property infringement claims, which are covered in section Submitting Intellectual Property Complaints) using this link.

Intellectual Property

Our trademarks

"SeePay .com," "SeePay ," and all logos related to the SeePay services are either trademarks or registered trademarks of SeePay or SeePay ’s licensors. You may not copy, imitate, modify or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of SeePay . You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the SeePay services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes SeePay or the SeePay services or display them in any manner that implies SeePay ’s or SeePay ’s sponsorship or endorsement. All right, title and interest in and to the SeePay websites, any content thereon, the SeePay services, the technology related to the SeePay services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of SeePay and its licensors.

License grants, generally

If you are using our software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then SeePay grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use our software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the SeePay services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, us and third parties. We may update or discontinue any software upon notice to you. While we may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the SeePay services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to our software are owned by SeePay and any third party materials integrated therein are owned by our third party service providers. Any other third party software application you use on the SeePay websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that SeePay does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the SeePay services.

License grant from you to SeePay ; intellectual property warranties

We do not claim ownership of the content that you provide, upload, submit or send to us. When you provide content to us or post content using SeePay services, you grant us, our affiliates and our users (including parties that we work with) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable and worldwide license to duplicate, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others and otherwise use your content and associated intellectual property and publicity rights to help us improve, operate, promote, advertise and market our current services and develop new ones, in any form, medium or technology now known or later developed. We will not compensate you for any of your content.

You further represent and warrant that (1) you own or otherwise have all the licenses, rights, consents and permissions in your content necessary to make the above license and grant, (2) your content is accurate and (3) your content and our use of your content do not and will not infringe any intellectual property, privacy, proprietary or publicity rights, or otherwise violate confidentiality obligations, these terms or applicable law. Further, you agree to waive your moral rights and promise not to assert any rights in your content against us.

Submitting Intellectual Property Complaints

We respect the intellectual property of others and require that SeePay account holders comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the SeePay platform that is subject to intellectual property rights claims.

If you believe that content you posted on the site was removed, or access to it was disabled, by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to the email or address above pursuant to the DMCA.

We may terminate an infringer’s access to SeePay products or services in our sole discretion and we have a policy to terminate accounts of repeat infringers.

Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without our prior written consent. We may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

Business Days

“Business Day(s)” means Monday through Friday, excluding holidays when SeePay ’s offices are not considered open for business in the U.S. Holidays include New Year’s Day (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a holiday falls on a Saturday, we observe the holiday on the prior Friday. If the holiday falls on a Sunday, we observe the holiday on the following Monday.

Consumer fraud warning

We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:

• Seller Scam: a scammer sends you a fraudulent payment for goods or services you provide outside of SeePay .

• Accidental Payment: a scammer sends you a fraudulent payment, claims it was accidental, and asks that you return their money.

Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Remember that if you don’t make a purchase from an authorized merchant, a business profile or with your SeePay Debit Card, you’re not covered by SeePay Purchase Program. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us.

Dormant accounts

If you do not log in to your SeePay account for two or more years, we may close your SeePay account and send any of your funds held in our possession to your primary address (if we have verified the required identifying information that you have provided to us) or, if required, escheat (send) any of your funds held in our possession to your state of residency. We will determine your state of residency based on the information provided for your SeePay account. If your address is unknown, any of your funds held in our possession will be escheated to the State of Delaware. Where required, we will send you a notice prior to escheating any of your funds. If you fail to respond to this notice, your funds held in our possession will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.

Google Maps

Your use of Google Maps while using the SeePay services on the SeePay app is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Governing law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and SeePay regarding your use of the SeePay services.

Identity authentication

You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

• asking you for further information, such as your date of birth, a social security or taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;

• requiring you to take steps to confirm ownership of your email address, phone number or financial instruments;

• ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources; or

• requiring you to provide your driver’s license or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain SeePay services. We reserve the right to close, suspend, or limit access to your SeePay account and/or the SeePay services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

Money Transmitter Licenses

SeePay , Inc. is a licensed provider of money transfer services and all money transmission is provided by SeePay , Inc., pursuant to SeePay , Inc.’s licenses. See our licenses for additional information and for disclosures that Company is required to post by certain jurisdictions.

SeePay is only a payment service provider

We act as a payment service provider only. We do not:

• Act as an escrow agent with respect to any money sent to you on SeePay that has not been transferred;

• Act as your agent or trustee;

• Enter into a partnership, joint venture, agency or employment relationship with you;

• Guarantee the identity of any user or seller;

• Determine if you are liable for any taxes; or

• Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from your use of our services.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

State disclosures

In addition to reporting complaints about the SeePay services directly to us as described above, if you are a California resident, you may report complaints to the California Department of Business Oversight by mail at Department of Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 or online through its website at http://www.dbo.ca.gov/Consumers/consumer_services.asp. The California Department of Business Oversight offers assistance with its complaint form by phone at 866-275-2677. If you are a California resident, you have a right to receive communications about your SeePay account and the SeePay services by email. To make such a request, send a letter to SeePay to: SeePay , Inc., Attention: Legal Department, 2211 North First Street, San Jose, California 95131), include your email address, and your request for that information by email.

Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.

Third party providers

The SeePay app works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Your use of the SeePay services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service, which we collectively refer to as “Covered Third Parties.” You agree to comply with all applicable third-party terms of agreement when using the SeePay Services. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and SeePay , not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the SeePay services and for providing maintenance and support services for the SeePay services.

Covered Third Parties have no warranty obligations whatsoever with respect to the SeePay Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the SeePay services to conform to any warranty provided by us, if any, will be our sole responsibility.

We, not any Covered Third Parties, are responsible for addressing any claims relating to the SeePay services, including, but not limited to: (i) product liability claims; (ii) any claim that the SeePay Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.

If you are using the SeePay Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the SeePay services.

Unlawful internet gambling notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your SeePay account or your relationship with SeePay . Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

Your use of information; Data protection laws

If you receive information about any SeePay customer, you must keep the information confidential and only use it in connection with the SeePay services. You may not disclose or distribute any information about SeePay users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a SeePay customer or use the SeePay services to collect payments for sending, or assist in sending, unsolicited emails to third parties.

The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement.

In complying with such laws, you will:

• implement and maintain all appropriate security measures for the processing of personal data; and

• not knowingly do anything or permit anything to be done which might lead to a breach of any privacy data protection laws by us.