Last updated November 20, 2024
The following terms and conditions (the “Terms” or “Terms and Conditions”) govern your use of Klover Holding’s, Inc.’s websites and mobile application(s) ("Mobile App") (collectively, the “Platform”) and/or the products and services offered, operated or made available by Klover (collectively, the “Services”) through the Platform. These Services include custom financial management services provided by Klover.
In these Terms, “Klover Account” refers to your account with us. “You”, “Your”, or “User” refer to the person who has requested use of Klover’s Services. “Klover”, “We”, “Us”, or “Our” refer to Klover Holdings, Inc.
The Klover Services are being provided to you expressly subject to these Terms, which govern your relationship with Klover and the Platform. By accessing or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms. These Terms contain an Arbitration Agreement in Section 17. Please read that Section carefully.
Please carefully review these Terms before using this Platform or Services or accessing any data thereon.
1. ACCEPTANCE OF TERMS & ACCOUNT ELIGIBILITY
These Terms create a legal obligation and form an essential basis of the bargain between you and Klover, its subsidiaries, affiliates, agents and assigns. By accessing, browsing and/or using the Platform or the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Platform or the Services.
To use the Platform or the Services and to accept the Terms, you must be 1) a legal resident of the United States, 2) of legal age to form a binding contract with Klover, and 3) not prohibited by law from using the Platform or the Services. Klover may suspend, restrict your access to, or cancel your Klover Account at any time, for any reason. By applying for or using your Klover Account, you acknowledge that you have received a copy of these Terms and you understand and agree to them.
2. PRIVACY POLICY
By agreeing to these Terms, you also consent to Klover’s Privacy Policy, which details how we handle and protect data. We reserve the right to update the Privacy Policy at our discretion. Any changes made to our Privacy Policy are effective when the updates are live on the Platform.
3. ACCOUNT INFORMATION ACCURACY AND UPDATES
To access Klover’s Services, you must create a Klover Account through the Platform. When you create a Klover Account, you will obtain a Login ID and password. During the process of creating a Klover Account, we will prompt you to provide us with certain information, such as, but not limited to, your name, mailing address, and email address (collectively “Account Information”).
You agree that any Account Information you provide will be accurate, current, and complete. Should any of your Account Information change, you agree that you will update this information as soon as possible. To update your Account Information, contact support@joinklover.com immediately to update your Account Information.
You may only open one Klover Account. You may not maintain a joint account with another person and you cannot add an authorized user to your Klover Account. You agree that you will not allow another person to use or access your Klover Account and will not share your Login ID or password with other persons. You represent that you are a legal owner of, and that you are authorized to provide us with all Account Information and other information necessary to facilitate your use of the Services.
In order to use certain Services, Klover may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Services or revoke any previously granted access.
Should you believe or have reason to believe that any of your Account Information, including your Login ID and/or password, has been compromised, or that another person is accessing your Klover Account through some other means, you agree to notify us as soon as possible at support@joinklover.com.
4. THIRD-PARTY ACCOUNT INFORMATION
To use the Services, you must give Klover permission to retrieve your account transaction history, balance information, or other information maintained by third parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). We will use this information to provide you with the Klover Services that you request, for our own internal business purposes and to offer you other Klover products and services that may be of interest to you. By using the Services, you authorize Klover, as well as third-party service providers acting on Klover’s behalf, to access your Third-Party Account Information, on your behalf as your agent, and you expressly authorize these third parties to disclose Third-Party Account Information to us.
You agree that you are responsible for maintaining the security of the passwords and usernames that you use to access any third-party sites and will keep those passwords and usernames up-to-date on the Platform. Klover does not review Third-Party Account Information for accuracy, legality or non-infringement. Additionally, Klover is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.
You understand that any Third-Party Account Information displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
5. KLOVER+, KLOVER’S PERSONAL FINANCIAL MANAGEMENT SERVICES2.
5.1 Overview of the Klover Personal Financial Management Services.
If you subscribe to the Personal Financial Management Services, also known as Klover+, you will have access to “Budget Tools”, credit monitoring, and the “Cash Out Program.” The Budget Tools feature monitors any financial accounts that you link to your Klover Account, where we track your income and expenses and surface insights to assist with your financial well being. Credit monitoring is also an available feature within Klover+, surfacing your credit score if you decide to opt in. For the “Cash Out Program”, see Section 5.2 below.
5.2 Klover Cash Out Program.
Klover offers a service that allows users to cash out points in their accounts that can be used to obtain redeemable gift cards at popular vendors, including Amazon (“Klover’s Cash Out Program”). Below are the terms of the Cash Out Service (“Cash Out Terms”). How to earn these points is described below.
Eligibility
In order to utilize Klover's Cash Out Program, you must:
Earning Points
By utilizing Klover’s Cash Out Program, you are agreeing to and acknowledging the fact that you are earning these points through approved and appropriate means. By engaging with surveys, questionnaires and games on the Klover App, you are able to earn points that can be used for offers or rewards through our partners or to offset Express Fees in the event that you choose to receive an expedited Balance Advance as further discussed in Section 9. Should it be determined that you have been provided points by engaging in a manner that is not conducive or consistent with the app’s designed purposes, then you will forfeit any pending or future Cash Outs and your access to this feature will be terminated.
Klover may withdraw an offer at any time, although we will try to prioritize Users who have already activated the offer if we terminate it early. We may set limits on the number of Points you can earn during a specified time period. If we do that, we will disclose the limits in the App.
Cash Outs
Cash outs sent by Klover:
Prohibited Conduct
By participating in Klover's Cash Out Program, you agree not to:
Should it be determined that you or a user of your account has been found engaging in any of the aforementioned prohibited conduct, your account will lose access to the Cash Out feature. Klover reserves the right to disable or delete any account found to be or suspected to be in violation of these Terms with or without notice. These decisions are final and may not be appealed.
5.3 Subscription Fee.
The Personal Financial Management Services are subject to a $4.99 per month subscription fee (the “Subscription Fee”). We require a connected bank account or debit/credit card (a “Payment Method”) for payment of the Subscription Fee. When you first create a Klover account, you will be provided with a thirty (30) day free trial for use of the Personal Financial Management Services. Please note that you will not be billed during this free trial period. If you enroll in the Personal Financial Management Services, you authorize Klover to bill you for your Subscription Fee once a month on a monthly basis. You must either cancel your subscription through the Mobile App or notify us by email at support@joinklover.com if you do not want to renew your monthly subscription to the Personal Financial Management Services. In your email, please include the name and telephone number associated with your Klover Mobile App account.
Klover will attempt to avoid charging you the Subscription Fee for the Personal Financial Management Services if we detect that your Payment Method does not contain sufficient funds to cover the Subscription Fee during that pay period. Additionally, we will not charge you for the Personal Financial Management Services if we are unable to obtain a current view of your linked bank account (“Linked Account”) balance. If we do not charge you because your Payment Method does not contain sufficient funds, or if our attempt to charge you is declined, Klover reserves the right to terminate your access to the Personal Financial Management Services. Klover also reserves the right to collect unpaid fees from prior months along with the fee due for the current month.
5.4 Canceling Your Subscription.
You may cancel your subscription to the Personal Financial Management Services through the Mobile App. Canceling your subscription allows you to temporarily disable your access to the Personal Financial Management Services without closing your Mobile App user account. You will not be charged the Subscription Fee and you will not be able to access or use the Personal Financial Management Services while your subscription is canceled. Once canceled, your subscription will remain canceled until you instruct us to restart your subscription. You may cancel and restart your subscription at any time through the Mobile App. While your subscription is paused, you will continue to have the ability to request advances through the Balance Advance Service (defined below).
6. KLOVER’S BALANCE ADVANCE SERVICE
6.1 Overview of the Balance Advance Service.
Klover offers a service that provides advances or “Balance Advance(s)” based on your anticipated income (“Balance Advance Service”). We require you to connect a Bank Account and debit card to your Klover Account so that you may receive Balance Advances and so that we may charge you for any Balance Advances or Express Fees, as described below. If you are an eligible user, you may request to receive a Balance Advance of up to $200 into your Bank Account at any time by logging into your Klover Account. Klover may deny your request for a Balance Advance at any time or for any reason.
Basic Balance Advances do not cost a fee. An Express Fee (described below) may be charged if you require an expedited Balance Advance. The Basic Balance Advance is not subject to the Klover+ subscription fee and may be accessed through the basic Klover services.
6.2 Express Fees.
You may request that Klover expedite disbursement of a Balance Advance by paying an optional fee (the “Express Fee”). While you will generally receive a Balance Advance within three (3) business days depending on processing times, if you choose to pay the Express Fee, the Balance Advance will be delivered to you within hours. The amount of the Express Fee will be disclosed to you through the Services at the time you request a Balance Advance. If you agree to the Express Fee, we will charge your Bank Account or debit card the amount of any applicable fee at the same time that we charge you for the Balance Advance, as described below in Section 6.3. This means that we will add the optional Express Fee to the amount of the Balance Advance when we charge you. If you do not receive your expedited Balance Advance within a few hours, please contact support@joinklover.com.
Below are a summary of the fees associated with an expedited Balance Advance.
The Balance Advance Amounts that are available above are dependent on eligibility. Please note that the fees can be offset through use of points in your Klover+ account if you choose to apply those points to an expedited Balance Advance. Every 500 points is equivalent to $1. These expedited fees are collected at the time of repayment of the advance.
6.3 Balance Advance Charges.
We reserve the right to charge your Bank Account or debit card for the amount of a Balance Advance, including fees, any time after the later of: (1) a date on which we see evidence of income (such as a paycheck) deposited into your Bank Account or (2) the date selected by you through the Services. However, Klover warrants that it has no legal or contractual claim against you based on our inability to charge you or repay Balance Advance funds, but Klover may suspend your access to the Services until we are able to charge your Bank Account or debit card for a Balance Advance in full. With respect to a failure to receive the amount for a Balance Advance in full, Klover warrants it will not engage in any debt collection activities, place any amount we are unable to charge with or sell it to a third party, or report you to a consumer reporting agency. Klover does not waive any rights regarding fraudulent activity and will pursue instances of fraud. Klover is a non-recourse product and Klover users have no obligation to repay their Balance Advances. However, in the event that you do not repay your Balance Advance, Klover may limit the Services it provides you.
6.4 Overdraft and other Fees Assessed by Your Bank.
Klover is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees you are charged because you fail to maintain a sufficient balance in your Bank Account, including any overdraft resulting from a debit initiated by Klover.
6.5 Voluntary Contributions.
If you are a user of the Klover Balance Advance, you will be presented with the option to offer a voluntary contribution based on your experience with the Klover Services. Please note that this is completely optional as a user and your Service will not change if you choose not to make a voluntary contribution.
6.6 Users in Connecticut
Users in Connecticut may access all of Klover Services, but do not have access to paying Express Fees. Users in Connecticut may access Klover’s Services through the accrual and use of points as described below in Section 9.
7. FEE REFUNDS
Express Fees and voluntary contributions are non-refundable.
8. CREDIT AND DEBIT AUTHORIZATION
You authorize Klover to credit Balance Advances to your Bank Account. We will separately obtain a “Payment Authorization” from you to debit your Bank Account or charge your debit card, as applicable. The terms of the Payment Authorization constitute a part of these Terms and are incorporated by reference. If you enroll in the Personal Financial Management Services (Klover+), you authorize Klover to electronically debit your Payment Method for the $3.99 Subscription Fee once each month. As applicable, you also authorize Klover to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for the Subscription Fee that would vary in amount from a previous Subscription Fee, but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than $3.99. (Our policy is that no single debit will exceed $3.99, so we expect not to provide you with advance notice of each ongoing debit from your Payment Method.)
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse (“ACH”) and debit card transactions as provided herein and will remain in full force and effect until you notify Klover that you wish to revoke this authorization by emailing support@joinklover.com. Please note that deleting your Klover account does not automatically revoke ACH access. If you wish to affirmatively revoke Klover’s access to ACH, please email us at support@joinklover.com. You must notify Klover at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you email, please include the name and telephone number associated with your Mobile App user account. Failure to provide the correct and complete information may make it impossible for Klover to stop withdrawal of the preauthorized transaction.
See Section 23 below for more information about your rights associated with electronic funds transfers.
8.1 Credit and Debit Indemnities, Warranties and Representations.
YOU AGREE TO INDEMNIFY AND HOLD KLOVER HARMLESS FROM AND AGAINST ANY LOSS INCURRED AS A RESULT OF A DEBIT OR CHARGE (COLLECTIVELY IN THIS SECTION “TRANSACTION”) TO YOUR BANK ACCOUNT OR DEBIT CARD IF ANY OF THE INFORMATION RELIED UPON IN YOUR REQUEST TO STOP A PAYMENT IS INCORRECT OR INCOMPLETE. IF YOU HAVE FOLLOWED THE INSTRUCTIONS IN YOUR PAYMENT AUTHORIZATION TO NOTIFY KLOVER OF YOUR DESIRE TO REVOKE YOUR AUTHORIZATION AT LEAST THREE (3) BUSINESS DAYS BEFORE THE SCHEDULED TRANSACTION DATE. IF WE DO NOT RECEIVE NOTICE AT LEAST THREE (3) BUSINESS DAYS BEFORE THE SCHEDULED TRANSACTION DATE, WE MAY ATTEMPT, IN OUR SOLE DISCRETION, TO CANCEL THE TRANSACTION. HOWEVER, WE ASSUME NO RESPONSIBILITY FOR OUR FAILURE TO DO SO.
YOU WARRANT AND REPRESENT TO KLOVER THAT YOU HAVE THE RIGHT TO AUTHORIZE US TO DEBIT, CHARGE, OR CREDIT (AS APPLICABLE) YOUR BANK ACCOUNT OR DEBIT CARD FOR PAYMENTS DUE TO US UNDER THESE TERMS. IF YOU HAVE A JOINT BANK ACCOUNT, YOU REPRESENT AND WARRANT, UNLESS PROHIBITED BY LAW, THAT YOU HAVE THE AUTHORITY TO (A) BIND THE ABSENT ACCOUNT HOLDER; AND (B) AGREE TO THESE TERMS INDEPENDENTLY. TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD KLOVER HARMLESS FROM ANY CLAIMS BY ANY OTHER OWNER OF THE BANK ACCOUNT OR DEBIT CARD.
YOU REPRESENT THAT THE TRANSACTIONS YOU REQUEST COMPLY WITH APPLICABLE LAW.
YOU REPRESENT THAT YOU ARE CAPABLE OF SAVING OR OTHERWISE STORING A COPY OF THIS ELECTRONIC AUTHORIZATION FOR YOUR RECORDS, AND THE CREDIT AND DEBIT TRANSACTIONS YOU REQUEST COMPLY WITH APPLICABLE LAW.
8.2 Disputed Chargeback Terms of Service.
As stated within these Terms, you acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for ACH and debit card transactions as provided herein and will remain in full force and effect until you notify Klover that you wish to revoke this authorization by emailing support@joinklover.com.
We acknowledge that, while we cannot prevent you from pursuing a claim with your bank for a fraudulent or disputed charge for any repayment of a Balance Advance, we would like to present you with other options in handling these situations. If your bank account or debit card has been lost or stolen, or you believe you are the victim of fraudulent activity, please reach out to our team at support@joinklover.com so that we can work with you and your bank to resolve the issue.
If you would like to cancel your Klover+ membership and would like to inquire about a refund for your most recent Klover+ membership fee, again, please contact us at support@joinklover.com.
Should none of these options suit your needs and you do decide to pursue a disputed charge with your bank for any Balance Advance repayment transactions, please note that our team takes these disputes seriously and will be submitting evidence documentation to your bank, which includes your agreement to these Terms which authorizes Klover to debit your bank account or debit card for Balance Advance repayment. Your Klover account will be temporarily disabled while the dispute process is ongoing, and your Klover account will be permanently disabled should we receive multiple disputes for your account.
9. KLOVER POINTS PROGRAM
Points can be earned by completing a variety of tasks and partner offers within the Klover app. These tasks and offers may change at any time with or without notice. By utilizing Klover’s Points Program (“Points Program”), you are agreeing to and acknowledging the fact that you are earning these points through approved and appropriate means. Should it be determined that you have been provided points by engaging in a manner that is not conducive or consistent with the app’s designed purposes, then you will forfeit any pending or future Cash Outs and your access to this feature will be terminated.
Klover’s Points Program provides participants with points in return for submitting certain information about your financial transactions, engaging with the Mobile App or watching advertisements in the Mobile App. These points can then be utilized by participants to redeem a number of financial benefits, including cash advances, sweepstakes entries, fee reduction, and cash outs (including cash outs for gift cards).
The Personal Information we may share with Advertising Partners and Business Partners in connection with the Program include (as described in our Privacy Policy):
Some of the information we share may be aggregated and de-identified, which will not identify you.
Based on our good-faith estimate, the value of your Personal Information to us is related to the value of the financial benefits provided to you (via our Points Program), less the expense related to our offering of those financial benefits.
9.1 How to Earn Points.
During app registration, you will immediately accumulate points for entering your phone number, email address, employer, etc. You can instantly review your points right from your Klover app. Ways to earn points in the app are as follows:
9.2 About the Points Program.
9.3 Who is eligible to earn points?
All Klover customers are eligible for points, but not all customers can redeem their points.
To redeem points for a $5 advance, you must meet these requirements:
For a points-based advance between $10 - $100, you must meet these requirements:
If you are eligible for the Points Program and have yet to receive points for partner offers like Acorns, Stash, and others, the Klover app will highlight the final steps necessary to fulfill the offer requirements. If making an investment or deposit was part of the conditions, please allow our system up to six (6) days to automatically issue your points.
9.4 Can't redeem your points?
In the event that you find yourself unable to redeem points pursuant to this Points Program, there a few reasons as to why you may see a points balance, but are unable to redeem them for an advance:
The Points Program still requires you to link valid information for us to predict your repayment date. If you have any questions about points, or why you may only be eligible to receive points-based advances at the moment, please reach out to our support team by selecting the "Help" button in the bottom right hand corner of this screen. You can also email us at support@joinklover.com.
Please note that if you are a Chime or Varo customer, you may have a different points-to-dollar ratio than what is listed above.
9.5 How to opt-out of the Points Program.
You can opt out of our Points Program by emailing us at support@joinklover.com. If you choose to opt out of our Points Program, you may not have access to some of the Services and functionalities.
9.6 Scanning Receipts.
Scanning receipts is a great way to stack up your points in the app. You can receive 5 points for every receipt you scan.
9.6.1 Common Receipt Errors
"Receipt Didn't Match a Transaction in Your Primary Account". If you receive this error, it could mean that the receipt:
"Receipts Total: Missing" error message occurs when the "Total" portion of the receipt is blurry, faded, missing, or has been hand-written. Receipts that contain handwritten tip amounts also fall under this category. While we appreciate your initiative to tip others, the system will not be able to accept receipts with hand-written totals since this helps identify that there is a matching transaction in your primary account.
"Receipts Date: Missing" error message occurs when the date portion of the receipt is blurry, faded, missing, or has been handwritten. The system will not be able to accept receipts with missing dates since this helps identify that there is a matching transaction in your primary account.
Please know that if you have already received a point for a receipt, it can no longer be scanned again. The customer support team is unable to manually enter any receipt into our system, but if you are having issues with your receipt, please feel free to send us a picture of it. We are more than happy to diagnose the issue.
10. CONSENT TO CONTACT YOU
You consent to our use of prerecorded and artificial voice messages, SMS and text messages, email, and automated dialing systems ("Communications") to contact you with service-related information, or questions about your use of the Platform, Services and/or your Klover Account. You further agree that we or third parties acting on our behalf (such as our agents, representatives, affiliates, etc.) may contact you at any telephone numbers you have provided to us even if they are for a cellular device and our contact results in charges to you. You certify, warrant and represent that any telephone number you have provided to us is your current contact number and that you are permitted to receive calls and text messages at that number. You agree to promptly alert us whenever you stop using a telephone number. Klover and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, emails or other means.
Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time-to-time, for any reason, and without notice.
By accepting these Terms, you agree that Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
You may withdraw your consent to receive Communications electronically by contacting us at support@joinklover.com. If you withdraw your consent, we reserve the right to limit or close your Klover Account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. You agree to pay any amount owed to Klover such as Subscription Fees or Express Fees even if you withdraw your consent and we close or limit access to the Mobile App and/or the Services.
11. LIMITATIONS ON USE
11.1 Use of the Platform and Services.
You agree to use the Platform and Services only for lawful purposes. You will not use the Platform or Services to violate any applicable law, regulation, rule or ordinance of any nation, state, or locality or of any international law or treaty. You will not use the Platform or Services in a manner that could give rise to any civil or criminal liability or that is unauthorized. Unauthorized uses include, but are not limited, to unauthorized entry into Klover’s systems, misuse of passwords, or misuse of any information posted on the Platform or through the Services. Klover makes no claims concerning whether use of the Platform or Services is appropriate outside of the United States. If you access the Platform or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not: 1) try to reverse engineer, disassemble, decompile, or decipher the Platform or the Services or software making up the Platform and Services, 2) navigate or search the Platform or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than Klover’s provided interface(s) to access the Platform or the Services, 4) use the Platform or the Services in a way that could impair, overburden, damage, or disable any portion of the Platform or Services, or 5) mirror any material contained on the Platform or the Services.
11.2 Failure to Adhere to Limitations on Use.
Klover reserves the right to take various actions against you if we believe you have engaged in activities restricted by these Terms or by laws or regulations. Klover also reserves the right to take action to protect Klover, other users, and other third parties from any liability, fees, fines, or penalties. If you fail to comply with this section, we may take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or revoking your access to the Platform or the Services, 3) suspending or terminating your ability to continue to use the Platform or the Services, 4) taking legal action against you (note, as described in Section 6.3, that Klover will not take action against you if we are unable to charge you for a Balance Advance), 5) holding you liable for the amount of Klover’s damages caused by your violation of these Terms.
12. ACCOUNT REVOCATION & TERMINATION
Klover may suspend, cancel, limit, or revoke your access to and use of the Platform or the Services and/or terminate these Terms and the agreement between you and Klover or your Klover Account at any time without notice, with or without cause, in our absolute discretion, to the extent permitted by applicable laws. The following sections of these Terms shall survive termination: Indemnification, Disclaimer of Warranties, Limitation of Liability & Unforeseen Circumstances, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions (Entire Agreement; Assignment; Other Rights), and any other section that by its terms survives termination.
Klover further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Platform or Services at any time with or without notice, as permitted by applicable laws.
13. INTELLECTUAL PROPERTY RIGHTS
The Platform and the Services are owned and operated by Klover. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “Klover Materials”) are owned exclusively by Klover or the licensors or suppliers of Klover and are protected by U.S. copyright, trade dress, patent, trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. Nothing on this Platform or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Klover Materials displayed on the Platform or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the Klover Materials found on the Platform or the Services unless in accordance with written authorization by us. Klover prohibits use of any of the Klover Materials as part of a link to or from the Platform or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Klover Materials, including whether any mark or logo is a Klover Material, should be referred to Klover. All rights related to the Klover Materials are hereby reserved.
You agree that the Klover Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Klover. You acknowledge that the Klover Materials are and shall remain the property of Klover. You may not modify, participate in the sale or transfer of, or create derivative works based on any Klover Materials, in whole or in part.
14. DISCLAIMER OF WARRANTIES
THIS PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, KLOVER AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “KLOVER PARTIES”) DISCLAIM ANY OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE) AS TO THE CONTENT OR OPERATION OF THE PLATFORM OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM OR THE SERVICES IS AT YOUR SOLE RISK.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY AND ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE KLOVER PARTIES MAKE NO REPRESENTATION, GUARANTEE, OR OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE) REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE PLATFORM OR THE SERVICES.
THE KLOVER PARTIES MAKE NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THE PLATFORM OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
PLEASE NOTE, THE ABILITY TO EXCLUDE WARRANTIES VARIES IN DIFFERENT JURISDICTIONS. TO THE EXTENT THAT A JURISDICTION PLACES LIMITS ON THE ABILITY FOR A PARTY TO EXCLUDE WARRANTIES, THESE EXCLUSIONS EXIST TO THE EXTENT PERMITTED BY LAW. BECAUSE OF THIS JURISDICTIONAL VARIANCE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
KLOVER DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE PLATFORM OR THE SERVICES. KLOVER IS NOT A LAWYER, TAX ADVISOR, BROKER,OR FINANCIAL PLANNER. YOU SHOULD CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE YOU IMPLEMENT ANY FINANCIAL STRATEGY OR MAKE ANY OTHER FINANCIAL DECISIONS.
15. LIMITATION OF LIABILITY & UNFORESEEN CIRCUMSTANCES
THE KLOVER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS (WHETHER IN CONTRACT, TORT, OR OTHERWISE AND INCLUDING LIABILITY FOR DAMAGES, LOSSES OR CAUSES OF ACTION), IS LIMITED TO USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS).
YOU ACKNOWLEDGE THAT THE KLOVER PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING UNDER OR RELATING TO THESE TERMS AND YOUR USE OF THE PLATFORM OR THE SERVICES, THE KLOVER MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE PLATFORM OR THE SERVICES, EVEN IF KLOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE KLOVER PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE PLATFORM OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE PLATFORM OR THE SERVICES.
YOU ACKNOWLEDGE THAT OUR SERVICES MIGHT BECOME UNAVAILABLE FROM TIME TO TIME DUE TO CIRCUMSTANCES NOT IN OUR CONTROL (SUCH AS FIRES, FLOODS, NATURAL DISASTERS, SYSTEM FAILURES OR OTHER UNFORESEEN EVENTS). WHEN THIS OCCURS, YOU MAY NOT BE ABLE TO ACCESS YOUR KLOVER ACCOUNT OR THE PLATFORM OR THE SERVICES TO REQUEST A BALANCE ADVANCE OR FOR ANY OTHER PURPOSE. WE ARE NOT RESPONSIBLE OR LIABLE IF THIS HAPPENS.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM AND THE SERVICES.
16. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Klover Parties from and against any and all causes of action, claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Platform or the Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. You agree not to settle any matter without the prior written consent of Klover.
17. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND KLOVER. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS PROVIDED BELOW. THIS ARBITRATION AGREEMENT WILL APPLY TO YOU UNLESS (A) YOU ARE ELIGIBLE TO RECEIVE BENEFITS UNDER THE MILITARY LENDING ACT BY BEING A COVERED MEMBER OF THE MILITARY PERSONNEL OR YOU ARE A SPOUSE OR LEGAL DEPENDENT OF A COVERED MEMBER OF MILITARY PERSONNEL AT THE TIME YOU OPEN YOUR ACCOUNT OR (B) YOU PROMPTLY REJECT THE ARBITRATION AGREEMENT IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN SECTION 17.3.
17.1 Election to Arbitrate.
You and Klover agree that the sole and exclusive forum and remedy for resolution of a Claim will be final and binding arbitration pursuant to this Section 17 (the “Arbitration Agreement”), unless you opt out as provided in Section 17.3 below. The scope of this Arbitration Agreement is to be given the broadest possible interpretation that is enforceable.
As used in this Arbitration Agreement, “Claim” means any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you) and us, including disputes relating to or arising out of these Terms, and/or the activities or relationships that involve, lead to, or result from these Terms, including your relationship with us. “Claim” has the broadest reasonable meaning and includes matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. It includes any claim, defense, or dispute concerning the formation, existence, validity, enforceability, revocation, or scope of this Arbitration Agreement, any part thereof, or the entirety of the Terms. Claims are subject to arbitration regardless of whether the remedy sought is legal or equitable, including claims for compensatory, monetary and/or punitive damages, restitution and/or disgorgement, injunctive relief, and regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, regulation, ordinance, common law, or principles of equity; a data breach; or otherwise. Nonetheless, You may continue to assert Claims in small claims court if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
17.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers.
This Arbitration Agreement governs transactions involving interstate commerce. Accordingly this Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA“) and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA and applicable statutes of limitation and privilege rules that would apply in a court proceeding, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory, and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Agreement, and the Administrator’s rules. The arbitrator shall take steps to reasonably protect confidential information.
17.3 Opt-Out of Arbitration Agreement.
You may opt out of this Arbitration Agreement for all purposes by sending an arbitration opt-out notice to support@joinklover.com, within sixty (60) days of the date of your electronic acceptance of the Terms. The opt-out notice must: clearly state that you are rejecting arbitration; provide your name, address, and Login ID; and be signed by you. We must receive your opt-out notice at the specified email address within the specified time. No other methods can be used to opt out of this Arbitration Agreement. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out notice on your behalf.
17.4 Informal Dispute Resolution.
You agree that before filing any claim in arbitration, you must provide notice of your dispute by sending an email to support@joinklover.com. The notice must provide your name, address and Login ID, and describe in detail the factual basis of your claim, that date the alleged claim arose, and what you are seeking to resolve the dispute. Any such notice must be on your behalf only and cannot be combined with any dispute or claim on behalf of other individuals. You agree to allow sixty (60) days following submission of the notice for Klover and you to attempt to resolve the dispute before you initiate an arbitration. If the notice described in this section is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the notice on your behalf.
17.5 Arbitration Procedures.
The party initiating arbitration shall do so with an arbitration company (“Administrator”), which shall be either the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). To start an arbitration, the complaining party must commence the arbitration in accordance with the Administrator’s rules. If the Administrator picked by the complaining party is unable or unwilling to be the Administrator, then the arbitration company will be selected from the remaining choices listed herein or by a court. If one party starts or threatens a lawsuit, the other party can demand arbitration. To require arbitration of a Claim, the defending party must give the complaining party a written demand for arbitration. This demand may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. It can be made if a party starts a lawsuit on an individual basis and then tries to pursue a class action or public injunctive relief. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop.
The Administrator will appoint the arbitrator in accordance with the Administrator’s rules. However, unless the parties agree otherwise, the arbitrator must be a retired or former judge or a lawyer with at least ten (10) years of experience. The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with the rules and policies of the Administrator selected, except to the extent the rules conflict with this Arbitration Agreement or applicable law. However, the Administrator may, in his or her discretion, conduct special hearings at any other place for the purpose of receiving evidence that would otherwise be unavailable at the situs of the arbitration, or for the convenience of the parties or witnesses, and that the place for the special hearing selected by the arbitrator shall also be deemed a place where the arbitrator “[is] sitting” for purposes of Section 7 of the FAA. The Administrator or any of the parties to the arbitration or any party may attend any hearing telephonically or electronically. The telephonic or electronic, adjudicative (as opposed to physical) presence of the arbitrator at a hearing satisfies the “[is] sitting” requirement of Section 7 of the FAA.
If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1-800-778-7879 or visit the AAA’s website at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1-800-352-5267 or visit their website at: www.jamsadr.com. In the case of a conflict between the rules and policies of the Administrator and this Arbitration Agreement, this Arbitration Agreement shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the Administrator apply. The arbitration will be held in the United States county where you live or work, or any other location to which we agree.
17.6 Arbitration Fees.
Klover will either pay all the Administrator’s filing costs and administrative fees if you can demonstrate that you are unable to afford the costs or fees or will otherwise reimburse the costs and administrative fees. However, each party shall bear the expense of its own attorneys’ fees, experts, and witnesses except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. This Section 17.6 is limited to those claims valued under $ 75,000.00.
17.7 Appeals.
Within thirty (30) days of a final award by the arbitrator, any party may appeal an award for reconsideration by a three-arbitrator panel selected according to the rules of the Administrator. In the event of such an appeal, any opposing party may cross-appeal within thirty (30) days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Agreement and the Administrator’s rules, in the same way as the initial arbitration proceeding. Any final award by the individual arbitrator that is not appealed within thirty (30) days, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
17.8 No Class Actions.
NO ARBITRATION SHALL PROCEED ON A COMBINED, CONSOLIDATED, MASS, CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not: (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No Administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 17.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.
You further agree that in arbitration, injunctive relief shall be limited to such relief as is necessary to remedy your own alleged injury or to prevent future injury to you alone. Any arbitral award on a class basis shall be void and shall not be subject to confirmation and no judgment shall enter thereon. An injunction granted in arbitration may provide only such relief as is necessary to remedy injury to you or to protect you alone from future injury; no judgment or order shall be entered by a court to enforce an award of the Administrator for broader injunctive relief.
Nothing in this Arbitration Agreement precludes you from seeking public injunctive relief in court. If you seek public injunctive relief, you may bring that claim in court, but you further agree that we may treat such a claim as a Claim within the meaning of this Arbitration Agreement, and that we would then have the right to demand arbitration, and if you refuse our demand, to move to enforce arbitration on an individual basis in accordance with this Arbitration Agreement pursuant to the FAA. Notwithstanding any other provisions of this Arbitration Agreement, the Court and not the arbitrator shall decide whether the FAA requires that the public injunctive relief claim be referred to arbitration on an individual basis. If we bring and lose that motion, your claim for public injunctive relief will be heard in court but you agree to stay your claim in court for public injunctive relief pending (a) exhaustion of our right to appeal from the ruling against us, and (b) completion of arbitration of all other Claims. If we win our motion, your claims for public injunctive relief will be decided in accordance with the terms of this Arbitration Agreement, meaning that the arbitrator can award only such injunctive relief as is necessary to remedy your own alleged injury or to prevent future injury to you alone.
In the event that twenty-five (25) or more demands for arbitration are filed by a shared counsel, Parties will comply with the AAA’s “Mass Arbitration Supplementary Rules,” which may be found here.
17.9 Survival and Severability of Arbitration Agreement.
This Arbitration Agreement shall survive the termination of these Terms, your fulfillment or default of your obligations under the Terms, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). If any portion of this Arbitration Agreement other than the class action waiver in Section 17.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Agreement shall nevertheless remain valid and in force. As such, if there is a final judicial determination that applicable law precludes enforcement of this Arbitration Agreement’s limitations as to a particular Claim for relief or particular term, then that Claim (and only that Claim) or that term (and only that term) must be severed from the Arbitration Agreement and may be brought in court. However, if an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 17.8 are finally adjudicated to be unenforceable, then every other sentence (except this one) in the Arbitration Agreement shall be null and void with respect to that Claim and no arbitration shall be had. For avoidance of doubt, to the extent any court or arbitrator concludes that the provisions of this Arbitration Agreement regarding public injunctive relief are invalid or unenforceable, the remainder of this Arbitration Agreement shall nevertheless remain valid and in force. Rather, those provisions relating to public injunctive relief must be severed and the claim for public injunctive relief must be brought in court.
17.10 Judicial Forum for Claims.
Except as otherwise required by applicable law, in the event that this Arbitration Agreement is found not to apply to you or your Claim, you and Klover agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Klover consent to venue and personal jurisdiction there.
17.11 WAIVER OF JURY TRIAL; WAIVER OF RIGHT TO LITIGATE.
BOTH PARTIES KNOWINGLY AND VOLUNTARILY WAIVE OUR RIGHTS TO A JURY TRIAL AND TO LITIGATE OUR CLAIMS BEFORE A COURT.
18. GOVERNING LAW AND VENUE
Except for Section 17, which is governed by the FAA, these Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law rules.
19. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction for any reason, the remaining provisions shall remain in full force and effect and be enforced to the fullest extent possible.
20. WAIVER
Klover may delay enforcing any of its legal rights or remedies under these Terms, or other legal rights or remedies Klover has under applicable laws, without waiving or those rights or remedies or any other rights in any way whatsoever.
21. GENERAL PROVISIONS (ENTIRE AGREEMENT; ASSIGNMENT; OTHER RIGHTS)
These Terms (including all policies or documents referenced herein) are the entire understanding and agreement between you and Klover regarding your use of the Platform or Services. These Terms supersede any previous or other terms or other agreement between you and Klover. These Terms cannot be modified by any existing or future oral agreements. Notwithstanding the preceding, Klover reserves the right to amend these Terms at any time and will notify you of any such changes by posting the revised Terms on the Platform as described in Section 22.
These Terms will be binding on, inure to the benefit of, and be enforceable against both you and us and our respective successors and assigns. Neither the course of conduct between you and us nor trade practice shall act to modify any term. You may not assign or transfer these Terms or any of your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms or our rights or obligations under these Terms at any time without notice.
We hereby reserve all rights not expressly granted by these Terms. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
22. CHANGES TO THESE TERMS
Klover reserves the right to change these Terms (including by adding to or deleting from them). Klover will electronically notify you of any changes to the Terms by posting revised Terms on the Platform. We will label Terms posted to the Platform with the most recent date of revision. You should check the Platform periodically for changes. All changes are effective upon posting. If you do not agree to any changes, you must request that we suspend or terminate your Klover Account and stop using your Klover Account after we provide you with notice of those changes. By continuing to use the Platform or the Services, you agree to the change of the Terms. Klover may terminate, suspend, change, or restrict access to all or any part of this Platform or the Services without notice or liability.
23. ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
Klover provides services in accordance with the applicable provisions of the Federal Electronic Funds Transfer Act 15 U.S.C. §§ 1693 et. seq. and the regulations thereunder.
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers. There may be limitations on your Linked Account or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Linked Account or debit card.
The disclosures in this Section 23 apply to all Services described in these Terms.
23.1 Definitions.
Electronic Fund Transfer: Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Linked Account or debit card. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone or the Mobile App.
Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, withdrawal of funds out of your Linked Account to pay the Subscription Fee.
Unauthorized Electronic Fund Transfer: An Electronic Fund Transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your Mobile App user account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
23.2 Your Liability.
Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.
Unauthorized Transfers: Notify us immediately if you believe your Mobile App Login ID or password has been lost or stolen or if your Mobile App user account has been, or may have been, subject to Unauthorized Electronic Fund Transfers. Contact us immediately to keep your possible losses to a minimum. An Unauthorized Electronic Fund Transfer may result in the loss of money in your Linked Account(s).
If you tell us within four (4) business days after learning of the loss or theft of your Mobile App Login ID or password or after learning of any other Unauthorized Electronic Fund Transfers associated with your Mobile App user account, you can lose no more than $50. However, if you DO NOT tell us within four (4) business days after learning of the loss, theft or unauthorized use associated with your Mobile App user account, and we can establish that we could have prevented the Unauthorized Electronic Fund Transfer(s) if you had told us in time, you could lose as much as $500.
If your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Fund Transfers and you DO NOT tell us within ninety (90) days after the statement was delivered to you, you may not get back any money you lose after the ninety (90) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen Mobile App Login ID or password or of any other suspected Unauthorized Electronic Fund Transfers(s), the time periods specified in this Section 23.2 may be extended for a reasonable period.
23.3 Business Days.
For purposes of this Section 23, Klover business days are Monday through Friday. Holidays are not included.
23.4 Types of Transfers; Limitations.
You may use the Services to request and receive Advances to your Linked Account or debit card, to repay such Advances in the amounts and on the days you request, to pay voluntary tips to Klover, and to pay the monthly Subscription Fee. Any limitations regarding Advance amount, tip amount or Subscription Fee amount will be displayed to you through the Services. Through the Mobile App you may also authorize recurring preauthorized Electronic Fund Transfers from your Linked Account or debit card to pay for the Subscription Fee. See Section 5 for more information about stopping payment of preauthorized Electronic Fund Transfers.
23.5 Fees.
Klover charges no fees to access an Advance. However, you may choose to pay an Express Fee to expedite an Advance as set forth in Section 6.2.
23.6 Documentation.
Your Advance and payment history can be viewed within the Mobile App by navigating to the “Account Settings” page and tapping “Account” or “Advances,” depending on the type of transactions you seek to view. You are responsible for reviewing payment history, if applicable, and maintaining copies for your records.
23.7 Our Liability.
If Klover does not debit or credit your Linked Account or debit card in accordance with these Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, if, through no fault of ours: you do not have enough money in your Linked Account or debit card to make a payment; the Linked Account or debit card you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution; the Services were not working properly and you knew about the problems when you started your payment; we cannot complete a payment due to fraud or attacks on our systems or the Services or; circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken. There may be other exceptions stated in these Terms.
23.8 Confidentiality Related to Electronic Fund Transfers.
We will disclose information to third parties about the Electronic Fund Transfers you make through the Services, for example: where it is necessary for completing the Electronic Fund Transfers; or, in order to comply with government agency or court orders; or, If you give us written permission; or, as otherwise provided in our Privacy Policy.
23.9 Error Resolution.
In case of errors or questions about your Electronic Fund Transfers, email us at support@joinklover.com. If you think your Linked Account statement, receipt, or payment history within the Mobile App are wrong, or if you need more information about a transfer listed on the statement, receipt, or within the Mobile App, contact us as soon as you can. We must hear from you no later than ninety (90) days after the statement or receipt was delivered to you. In your notification to us, you must:
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Linked Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For errors involving new Mobile App user accounts, we may take up to ninety (90) days to investigate your complaint or question. For new Mobile App user accounts, we may take up to twenty (20) business days to credit your Linked Account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE KLOVER SERVICES MUST BE DIRECTED TO KLOVER, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR LINKED ACCOUNT. We are responsible for the Services and for resolving any errors in transactions made in conjunction with such Services.
We will not send you a periodic statement listing transactions that you make through the Services. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE PROVIDED WHEN YOU USE THE SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, email or write us at the address(es) indicated below:
Klover Holdings, Inc.
222 W Hubbard St Ste 210
Chicago, IL 60654
Email: support@joinklover.com
IF YOUR MOBILE APP LOGIN ID OR PASSWORD IS LOST OR STOLEN, NOTIFY US AT ONCE by emailing or writing to us at the address(es) listed above.
23.10 Users in South Carolina
If you are a user in South Carolina and have a complaint, you may contact the South Carolina Department of Consumer Affairs (“SCDCA”) at https://consumer.sc.gov or by phone at 803-734-4200.
24. MOBILE MESSAGING AND SMS NOTIFICATIONS
Our mobile message service (the "Mobile Service") is operated by Klover. Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Mobile Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.) Promotions, specials, and other marketing offers (e.g., reminders) from Klover via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to 1-855-649-1213 Click the unsubscribe link in any text message to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Klover mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Mobile Service support or assistance, email support@joinklover.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.
25. CONTACTING US
If you have questions regarding the Terms or the practices of Klover, please contact us by email at support@joinklover.com or by regular mail at
Klover Holdings, Inc.
222 W Hubbard St Ste 210
Chicago, IL 60654
