Welcome to Pool!
This Pool Account Agreement (as it may be subsequently modified, amended or changed, “Agreement”) is a contract by and between you and us that sets forth the terms and conditions of your use of a shared, multi-party bank deposit account and related products, services, features, technologies, and/or functionalities offered by First Internet Bank of Indiana, Member FDIC (“Partner Bank”) and/or Pool United Inc. (“Pool”) through Pool’s website or in a software app (collectively with the website, the “App”), or through any other means (collectively, the “Services”). These Terms of Service are provided to you in electronic format pursuant to the Consent to Receive Electronic Disclosures that you accepted and agreed to when you opened your Pool Account.
Pool is a financial technology company and not a bank. All deposit account, banking and payment services are provided by the Partner Bank. Pool manages the Pool Accounts on behalf of the Partner Bank and provides software, support and other Services in support of the Pool Accounts. In that capacity, Pool is a third-party service provider to the Partner Bank, and may act on its behalf in, without limitation, receiving payments, performing obligations or enforcing rights under this Agreement.
As used in this Agreement, “you” and “your” means the person who is authorized to use the Services. “We,” “us,” and “our” mean both the Partner Bank and Pool, and our respective successors, affiliates, assignees and third-party service providers.
By accessing the App or using the Services, you represent that you have read and agree to be bound by this Agreement and the Pool and Partner Bank privacy policies available at https://poolmoney.com/legal/privacy-policy (collectively, the “Program Privacy Policies”), each of which is incorporated by reference. If you do not agree to this Agreement or the Program Privacy Policies, please do not access the App or use the Services.
If there is a conflict between this Agreements and any other document or statement made to you concerning the Services, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any other service or product, the separate terms and conditions applicable to that service or product will govern. For example, if you obtain a debit card, it is subject to the terms and conditions in the Pool Visa Debit Card Cardholder Agreement (“Cardholder Agreement”) provided to you separately.
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS, A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL AND CONTAINS IMPORTANT DISCLAIMERS OF WARRANTIES, LIMITATIONS ON LIABILITY AND WAIVERS. PLEASE READ CAREFULLY. YOU SHOULD PRINT AND RETAIN A COPY FOR YOUR RECORDS.
The “In a nutshell” headline summaries at the beginning of each section are intended to provide only a summary of each section, may not summarize all the rights and obligations contained in that section, and are not contract terms and have no legal effect.
If you have any questions, please contact us at hello@poolmoney.com.
In a nutshell: We may change this Agreement at any time in our sole discretion. If you continue to use the Pool Account, the Services or access the App, you are agreeing to the new Agreement. The date on the top of this page shows when the Agreement was last updated.
We may amend the Agreement at any time and any change or amendment will be effective upon posting the updated Agreement on the App. The date on the top of this page shows when the Agreement was last updated. We will provide advance notice in writing as required by applicable regulation or by any method permitted by law if there is a change to this Agreement that is adverse to you or imposes additional obligations on you. However, by continuing to use the App or the Services, you agree to be bound by such amendments or additional obligations or restrictions.
In a nutshell: To open a Pool Account, access the App and use the Services you must have reached the age of 18 and be a legal resident of the United States. We must also be able to verify you are who you say you are. You agree to provide true, accurate, and current information about yourself while setting up a Pool Account. There may also be other eligibility requirements or product restrictions.
To open a Pool Account, access the App or use the Services, you must be an individual of at least 18 years of age who resides in the United States.
Certain Services may require us to verify your identity and share your information with third party service providers to assist us in doing so. If you choose to set up a Pool Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If any of this information changes, it is your obligation to provide updated information as soon as possible via email at (insert applicable contact info here) From time to time, we may also require you to provide further information as a condition for continued use of the Services.
Use of certain Services may have further eligibility requirements as permitted by applicable law. Certain features of the Services may be limited depending on the state in which you reside, the date on which you created your Pool Account or other factors.
While you may participate in multiple Pool Accounts, you may register for only one (1) Pool user account. If you open additional user accounts, we reserve the right to immediately close such additional user accounts. By accessing the App or using the Services, you represent and warrant that you are eligible to do so.
Under penalties of perjury, you certify that:
The social security number or taxpayer identification number you submit to us is correct;
You are not subject to backup withholding because: (a) You are exempt from backup withholding, or (b) You have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding, and
You are a U.S. citizen or other US Resident Alien with a valid Social Security number or Taxpayer Identification Number.
USA Patriot Act Disclosure: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
In a nutshell: We, through the Services, provide the ability to set up a multi-party bank deposit account that allows users of the account to pool, share, and spend funds from the same account. The Pool Account, however, is subject to several restrictions on use, which you should review carefully before committing funds to such an account.
General Description: Pool provides a set of technology solutions to allow users to request, send, and share money through a shared, multi-party bank account (referred to herein as the “Pool Account” or “Pool”). The Pool allows more than one Pool User to access the same bank account, issue debit cards to users to use the funds in such account, and to send links to third parties to contribute funds to the Pool. The purpose of a Pool is to allow multiple parties to transact using the same account rather than allocating funds between different accounts.
Access to Funds: Only users who have set up an account with Pool and have been authenticated by us may access the funds in a Pool (“Pool Users”). Pool Users may use their card or account to withdraw cash from the Pool, make deposits to a Pool, pay for purchases at places that have agreed to accept the card, and also to transfer funds from a Pool Account to a linked third-party account. You can manage linked bank accounts in your Pool Account settings. Some of these services, however, may not be available at all terminals.
Inviting Others to Join a Pool. Any Pool User can invite others to set up a Pool Account, become a Pool User, and join an existing Pool. Once added, a Pool User can view transactions in the Pool, invite others to join, and spend money from the Pool. Please note that Pool is not responsible for the funds spent from a Pool. For example, a Pool User you invite to join spends all the money in a Pool without your consent or knowledge. Pool is not responsible or liable to any individual Pool User and does not arbitrate disputes among Pool Users.
Allocation and Ownership of Funds in a Pool: Funds in a Pool are owned by the users in the group pro rata by their contribution. For example, if there are 3 users in a Pool and Alice contributes $100, Bert contributes $50 and Charlie contributes $50, the $200 in the shared spending group is owned 50% by Alice and 25% each by Bert and Charlie. This is their pro rata contribution to the Pool Account. In the same example, if $100 is spent from the Pool Account, regardless of who spent it, the ownership of the remaining $100 in the Pool Account would be $50 Alice and $25 each to Bert and Charlie since those percentages reflect their pro rata percentage contribution to the Pool Account.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your Pool Account and are fully responsible for any and all activities that occur in connection with your password or other access credentials to your Pool Account (“User Credentials”). You agree to (a) immediately notify us of any unauthorized use of your User Credentials or Pool Account or any other breach of security, such as a compromised password and (b) ensure that you exit from your Pool Account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from the unauthorized use of your User Credentials.
Confidentiality: We will disclose information to third parties about your Pool Account or the transfers you make (1) where it is necessary for completing transfers, or (2) in order to verify the existence and condition of your Pool Account for a third party such as a merchant, or (3) in order to comply with government agency or court orders, or (4) if you give us your written permission.
Reversals; Account Statements: Once a transaction has been initiated, it cannot be reversed. For example, once money is transferred out of a Pool Account, you may not be able to reverse the transaction and we will not be responsible for the recovery of such funds. However, you may have additional refund or charge-back rights under your agreement with the recipient of such funds (such as a merchant) or applicable law, or in connection with your use of a Pool debit card.
Use of the Pool Debit Card is subject to Visa network rules. You may be protected from unauthorized card transactions, provided you report any loss or theft of your card promptly and did not act negligently or fraudulently. Please review your Cardholder Agreement for complete details regarding your rights and obligations, including timelines for reporting unauthorized transactions and initiating chargebacks or disputes.
You have the right to receive an account statement showing your Pool Account activity each month there is activity. You will get a statement provided to your email address on file monthly. You may view your Pool Account statement by logging into your Pool Account on the App.
Reviews: Please note that all activity related to a Pool is subject to our review and we reserve the right to pause, stop, or suspend any transaction at any time. 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. We may limit your Pool Account and your access to money in it or that is sent to you until you have provided the information we have requested.
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 Pool.
Payments with Other People: As part of its services, Pool allows Pool Users to send money to or request money from another person using the payments feature in your Pool Account.
Modification of Services: We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part of the Services) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Our Liability: If we do not complete a transfer to or from your Pool Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (1) if, through no fault of ours, you do not have enough money in your Pool Account; (2) if the automated teller machine (ATM) where you are making the transfer does not have enough cash; (3) if the terminal or system was not working properly and you know about the breakdown when you started the transfer; or (4) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. There may be other exceptions in our agreements with you.
Pool Debit Card: As part of the Pool Services, you may be offered the opportunity to apply for a Pool debit card via a designated website or the App. The Pool debit card is linked to your Pool Account, funded by your Pool Account balance and may be used everywhere Visa is accepted in the United States. If you are offered the opportunity to apply for the Pool debit card and proceed to apply, you will be subject to our approval criteria, which includes successful identity verification. The Pool debit card is issued by our Partner Bank and your use of the card will be subject to a separate cardholder agreement (the “Cardholder Agreement”) as well this Agreement. In the event of any inconsistency between this Agreement and the Cardholder Agreement, the Cardholder Agreement shall govern your use of the Pool debit card to the extent of such conflict. By applying for and using the Pool debit card, you authorize us and our Bank Partner to share your Pool Account and personal information with one another as necessary to provide Pool debit card related services. If your Pool Account is closed for any reason, any Pool debit card affiliated with your Pool Account will be canceled.
Prohibited Payments: You may not use the Services or the Pool Account to engage in any of the following types of payments or with the following persons:
with any person listed on a sanctions list designated by the United States government including, without limitation, the List of Specially Designated Nationals or if you are a resident, national or agent of Cuba, North Korea, Sudan, Syria or any other country to which the United States embargoes goods;
to pay for or receive weapons of any kind, including, but not limited to, firearms, ammunition, knives, or related accessories;
to pay for or receive controlled substances, including, but not limited to, narcotics, prescription drugs, steroids, or related paraphernalia or accessories;
to pay for or engage in gambling activities, including, but not limited to, sports betting, casino games, horse racing, dog racing, lotteries, games of chance, sweepstakes, games of skill that may be classified as gambling (i.e., poker), or other activities that facilitate any of the foregoing;
to pay for or engage in money-laundering or terrorist financing;
to pay for or engage in any sort of Ponzi scheme, pyramid scheme, or multi-level marketing program;
to pay for or engage in goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction;
to pay for or engage in debt settlement, refinance, or credit repair services;
to pay for or engage in court ordered payments, structured settlements, tax payments, or tax settlements;
to pay for or receive the sale of money orders or cashier’s checks or any money transmitter activity;
to pay for or receive lottery contracts, layaway systems, or annuities;
to pay for or receive counterfeit goods, including, but not limited to, fake or “novelty” IDs;
to pay for or receive goods from Tor hidden service markets or “Darknet” markets, or any other service or website that acts as a marketplace for illegal goods (even though such marketplace might also sell legal goods); or
to pay for, receive goods from, or engage in any other matters which we communicate to you that are unacceptable from time to time and which, for example, may be restricted by our and your bank or payment partners.
If we learn that you are making any such prohibited payments, we may suspend or terminate your Pool Account. We also reserve the right to monitor your Pool Account for any prohibited payments.
Account Safety: Contact us right away if you believe your User Credentials, card or Pool Account has been compromised, lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Email (hello@poolmoney.com) is the best way of keeping your possible losses down, as you could lose all the money in your account.
Consumer Liability:
Tell us AT ONCE if you believe your card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 business days after you learn of the loss or theft of your card, you can lose no more than $50 if someone used your card without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card or Pool Account without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was made available or otherwise delivered 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 will extend the time periods.
If you believe your card have been lost or stolen, call: 1-855-664-1888 or email: hello@poolmoney.com.
For purposes of these disclosures, our business days are Monday through Friday. Federal Holidays are not included as business days.
Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how:Call us at [insert telephone number], or write us at [insert address], in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay must tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Financial institution’s liability. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your account to make the transfer.
If the automated teller machine where you are making the transfer does not have enough cash.
If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
There may be other exceptions stated in our agreements with you.
In Case of Errors or Questions About Your Electronic Transfers, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt, telephone us at 1-855-664-1888, write us 2261 Market Street STE 5249 San Francisco, CA 94114 or email us at hello@poolmoney.com as soon as you can,. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
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 credit your account within 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 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three 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.
In a nutshell: You may make deposits to the Pool Account by ACH from a linked account and you may withdraw funds from a Pool Account by debit card or ACH.
Deposits: You may deposit funds into the Pool Account through the Services, including by transferring funds from an external account at another bank by ACH entry. We may refuse any deposit. You may not make a deposit to the Pool Account by sending us cash or checks in the mail. We are not liable for any deposits, including cash, that are lost in the mail or otherwise not received by us. To the extent identifiable, any deposits received by us that we do not accept for deposit into the Pool Account will be returned.
Withdrawals: You may withdraw funds and they may be used to make payments you have authorized after the funds are available in the Pool Account. Withdrawing money from the Pool Account does not mean that an ACH entry or other item deposited in the Pool Account is “good,” has “cleared,” or has been paid by the paying bank. For example, it’s possible that a transfer of funds will be returned months after the funds are available in the Pool Account and you’ve withdrawn them. We may reverse any temporary credit, and we reserve the right to require you to provide us with seven days’ advance notice before you make a withdrawal.
Funds Availability: Our policy is to make funds originated from ACH debits available in the Pool Account within two (2) Business Days after the banking day on which the funds are deposited. As used in this Agreement, “Business Day” is a calendar day other than a Saturday, Sunday, or Federal holiday in the United States. If the Partner Bank is open on a Federal holiday and a deposit should have posted on that day, the deposit will post the next Business Day.
If a deposit is made before 3:00 P.M. Eastern Time on a Business Day that the Partner Bank is open, we will consider that day to be the day of the deposit. Any deposits made after 3:00 P.M. Eastern Time will be considered made on the next Business Day the Partner Bank is open.
If a deposit is made on a day the Partner Bank is not open, the deposit is considered to have been made on the next Business Day the Bank is open.
Availability of funds may be delayed for a longer period under the following circumstances:
The Pool Account has been overdrawn in the last six months; or
There is an emergency, such as a failure of computer or communications equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons and will tell you when the funds will be available.
Please remember that even after funds have been made available in the Pool Account, and the funds have been withdrawn, you are still responsible for funds transfers that are returned unpaid and for any other problems regarding a deposit.
Transaction Limits: We reserve the right to change the deposit, withdrawal, storage, and velocity limits on your Pool Account as we deem necessary. We may establish individual or aggregate transaction limits on the dollar amount or number of deposits or withdrawals you make during any specified time period.
Minimum Transaction Limit: There is no minimum transaction limit for Pool Accounts.
Maximum Transaction Limit: Your maximum transaction limit is determined by your usage of Pool Accounts over time, and available for you to review in the “Daily Transfer Limits” section of the App, which can be found in “Account Settings.”
Deposit or Withdrawal Limit: There are no limits on the number of deposits you can make into a Pool Account. Your withdrawal limits are determined by your usage of Pool Accounts over time, and available for you to review in the “Daily Transfer Limits” section of the App, which can be found in “Account Settings.” In addition, the admin of your Pool Account has the option to assign withdrawal limits for your Pool Account. If the admin has set a daily withdrawal limit, you will not be able to withdraw more than that amount each day. Contact your Pool Account admin with questions about withdrawal limits for a specific Pool Account.
Overdraft: An overdraft occurs when the Pool Account does not have sufficient funds to fund a transaction, but we pay it anyway. You are responsible for ensuring that there are sufficient available funds in the Pool to cover any transactions you authorize.
You have no right to overdraw the Pool Account, but we may pay overdraft items in our discretion or in error. If we pay an overdraft, you must deposit additional funds into the Pool Account immediately in an amount sufficient to cover the overdraft.
In a nutshell: We may allow you to originate automated clearing house (“ACH”) entries to debit and credit other bank accounts. To the extent we process your origination of ACH entries, the provisions of this Section 6 shall apply as well as any supplemental terms and conditions we may publish in connection with ACH origination.
ACH: Capitalized terms not defined in this Section 6 have the meanings provided in the Operating Rules and Guidelines of the National Automated Clearinghouse Association the (“NACHA Rules”). You agree you will comply with the NACHA Rules, any additional rules adopted by local or state ACH associations, the terms of this Agreement, and the terms of any additional agreement we may request in connection with the origination of ACH Entries. You shall be bound by and comply with the NACHA Rules for all Entries, whether an Entry is sent through the ACH network. We may limit the type of Entries you are authorized to originate for any reason.
Processing, Transmittal, Settlement, and Rejection: You will transmit Entries in compliance with the formatting and other requirements provided by us to you. You authorize us to: (a) process Entries received from you or your agent; (b) transmit such Entries as an Originating Depository Financial Institution to the ACH network; and (c) settle for such Entries. Subject to the terms and conditions of this Agreement, we will transmit such Entries by the applicable deposit deadline of the ACH network, provided (i) such Entries are completely received by the cut-off time established by us and the NACHA Rules from time to time; (ii) the Entry Date on the file satisfies the criteria established by us from time to time; and (iii) such Entry otherwise complies with the terms of this Agreement. You have no right to cancel, reverse, or amend any Entry after its receipt by us; however, we will use commercially reasonable efforts to act on a request by you to cancel an Entry before transmitting it to the ACH network. You acknowledge that in the case of a Same Day Entry, any request by you to cancel an Entry must be made immediately for us to have an opportunity to effect cancellation. Despite commercially reasonable efforts to act on such a request, cancellation of a Same Day Entry may nevertheless be impossible, and you understand and accept the risk of this occurrence.
We will have the right to reject any Entry that does not comply with the requirements of this Agreement or for any reason permitted under the NACHA Rules. We will also have the right to reject any Entry if you have exceeded the exposure limits we have set for you or have failed to meet any obligation to us. In addition, we may, in our discretion, reject any credit Entry that contains an effective Entry date more than two (2) Business Days after the Business Day such Entry is processed by the ACH Operator; or the effective Entry date for a debit Entry is more than one (1) Business Day after the processing date, or longer in our discretion. We will notify you of such rejection no later than the Business Day such Entry otherwise would have been processed, unless the effective date is the Business Day the file was received, in which case the Bank will notify you of rejection the following Business Day. Notices of rejection are effective when given. We shall have no liability to you for a rejection of any Entry or the fact that notice is not given at an earlier time than provided in this Section or the ACHA Rules.
If any Entry (or request with respect to an Entry) received by us was transmitted or authorized by you or your agent, you shall pay us the amount of the Entry, regardless of whether or security procedures with respect to that Entry and regardless of whether such Entry was erroneous or contained an error. If any Entry (or request with respect to an Entry) received by us purports to have been transmitted or authorized by your or your agent, it will be deemed effective and you shall be obligated to pay us for such Entry even if the Entry was not authorized by you, provided we accepted the Entry in good faith and in accordance with this Agreement.
Payment Related to Entries and Returned Entries: We will generally debit your Pool Account for credit Entries (including debit Reversals) immediately. We credit your Pool Account for debit Entries (including credit Reversals) after two Business Days. All such credits are provisional and we may charge your Pool Account for a returned or rejected electronic debit Entry.
You will pay us for any returned debit Entries (including rejected debit Entries) or any adjustment Entries, which we previously credited to the Pool Account. You agree that we do not need to send a separate notice of debit Entries that are returned unpaid. Reports containing information regarding returned debit Entries are available. You authorize us to debit your Pool Account on the day the returned or rejected electronic debit Entry is received or thereafter. You agree to maintain a sufficient balance in your Pool Account to cover returned or rejected electronic debit Entries. If a returned or rejected electronic debit Entry cannot be debited against your Pool Account, you will pay us the amount of the returned or rejected debit Entry.
If the effective date is after the Business Day the file was received, we will notify you of the receipt of a returned Entry from the ACH no later than one (1) Business Day after the Business Day of such receipt. We shall have no obligation to re-transmit a returned Entry if we complied with the terms of this Agreement with respect to the original Entry; provided, however, we may reinitiate the returned Entry no more than two times in accordance with the NACHA Rules.
We will inform you of all notifications of change (NOC) received no later than two (2) Business Days after the receipt of the Entries. You agree to make the changes submitted within six (6) Business Days of the settlement date of the original Entry or before the next originated Entry, whichever is later; provided that, you may choose to make the changes specified in any NOC or corrected NOC received with respect to any Entry. If a NOC is incorrect, you will generate a refused notification of change and deliver it to us.
You may initiate a reversing Entry for erroneous or duplicate transactions, as permitted by the NACHA Rules. In doing so, you warrant that you have initiated the Entry within five days of the original Entry and within 24 hours of the discovery of the error. The account holder for the reversing Entry must have been notified of the reversal and the reasons for the reversal no later than the settlement day of the reversal. For reversing Entries, you indemnify all parties to the transaction(s) from and against any claim, demand, loss, liability, or expense.
Errors and Discrepancies: Information regarding Entries is made available to you through the App and website. You agree to notify us promptly of any discrepancy between your records and the information we provide you regarding Entries. If you fail to notify us of a discrepancy within 30 days after information concerning an Entry first became available to you, we will not be liable for any losses or costs resulting from your failure to give notice and you will be precluded from asserting such discrepancy against us.
If we receive a notice of error or unauthorized transaction as ODFI concerning an Entry processed or authorized to be processed to your Pool Account, you will, within two (2) Business Days after written or oral notice, provide us with a copy of the authorization to debit or credit the Receiver’s account and, if applicable, proof of sending notice to the Receiver of the varying amount, or other proof satisfactory to us that the error alleged did not occur or resolve the error. If the referenced documents or proof are not delivered timely, or the documents or proof do not give us a reasonable basis for determining that no error occurred, or if the error alleged did occur, we may charge you for the alleged error and for any penalty imposed upon us.
You acknowledge and agree that if an Entry describes the Receiver inconsistently by name and account number, payment of the Entry transmitted to the Receiving Depository Bank may be made by the Receiving Depository Bank on the basis of the account number supplied by you, even if it identifies a person different from the named Receiver, and that your obligation to pay the amount of the Entry to us is not excused in such circumstances.
Indemnities: In addition to your limitations of liability and indemnification obligations set forth elsewhere in this Agreement, with respect to the ACH Services, we will be liable only for gross negligence or willful misconduct in performing the ACH Services. You will indemnify and hold us harmless against any loss, liability, or expense (including attorneys’ fees and expenses) resulting from any breach of any warranties contained in the NACHA Rules.
If any party becomes liable for damages suffered by another party or a third party in connection with the ACH Services in this Section 6, the parties will undertake reasonable efforts to cooperate with each other, as permitted by applicable law, in performing loss recovery efforts and in connection with any actions that the relevant party may be obligated to defend or elects to pursue against a third party.
Representations, Warranties, and Agreements: You warrant to us all warranties that the Partner Bank is deemed by the NACHA Rules to make with respect to Entries originated by you. Further, we have the right to audit Entries at any time to ensure compliance with your representations and warranties.
You warrant that you will retain all Entries you transmit on file and in a format adequate to permit remaking of Entries for seven (7) Business Days following the date of their transmittal, and shall provide such data to us upon request.
You warrant that you are bound by and will comply with the NACHA Rules, including that each Entry you transmit to us is authorized and that the payment of an Entry by the Receiving Depository Bank to the Receiver is provisional until receipt by the Receiving Depository Financial Institution of final settlement for such Entry; if such settlement is not received, the Receiving Depository Financial Institution shall be entitled to a refund from the Receiver of the amount credited and you shall not be deemed to have paid the Receiver. When you originate an Entry, you make each of the representations, warranties, and covenants of an Originator for the applicable Entry class code as set forth in the NACHA Rules.
In a nutshell: Pool may invite you to participate in referral programs in the future and these programs will be governed by separate terms and conditions.
Pool may invite eligible Pool Accounts to participate in referral programs, though Pool does not currently offer any referral programs. In the event that Pool chooses to offer a referral program in the future, the terms and conditions of the referral programs will be posted on Pool’s legal page, available at https://poolmoney.com/legal.
In a nutshell: Some of the Services we provide to you will be on your mobile device. There may be restrictions and additional charges in connection with your use of the Services on your mobile device. You also agree to authorize your carrier to provide device details to us for identity verification and fraud prevention.
Some of the Services are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and access the App from a mobile device and (iii) the ability to access certain features through an App downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services via a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device details, if available, to us and our service providers for the duration of the business relationship, solely for identity verification and fraud prevention.
In a nutshell: You give us consent to contact you through any number of different methods including, for example, electronically (such as by email), on your mobile device (such as by text message), or by calling you directly. You will have the right to opt-out of certain communications, including any SMS messages. You are not required to provide consent to marketing SMS messages or calls as a condition to accessing our Services or products.
Your Consent to Communications: By creating a Pool Account, you agree to receive necessary service-related communications (such as security alerts, account updates, and transaction confirmations) via electronic communications.
Email (Required): Email communication is required for the operation of your Pool Account. You cannot opt out of service-related emails without closing your account.
SMS / Push Notifications (Optional): You may choose to receive service-related SMS text messages or push notifications in addition to email. These are optional, and you may manage your preferences in your account settings.
Service communications are transactional in nature and are not considered marketing.
You may also choose to receive marketing and promotional communications from us, such as offers, product updates, or referral program information.
Consent Required: You are not required to consent to marketing or promotional communications as a condition of opening or maintaining a Pool Account.
SMS Marketing: If you elect to receive marketing communications via SMS text message, you are providing your express written consent under the Telephone Consumer Protection Act (TCPA) to receive such messages at the phone number you provide. Standard message and data rates may apply.
Opt-Out: You may withdraw your consent and unsubscribe from marketing communications at any time by following the opt-out instructions provided in the message or within your account settings.
You can opt out of marketing messages at any time by following the unsubscribe instructions in the message (e.g., replying STOP to an SMS or clicking “unsubscribe” in an email). Your decision to opt out of marketing will not affect your ability to use the App or access your Pool Account.
General Consent: To provide you with the best possible service in our ongoing business relationship, we may need to contact you about your Pool Account or the Services from time to time by text messaging, push notifications and/or email. However, we must first obtain your consent to contact you about your Pool Account or the Services because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission (FCC).
Your consent is limited to your Pool Account and the Services, and as authorized by applicable law and regulations. You certify, warrant and represent that the telephone numbers that you have provided to us are your own contact numbers. You represent that you are permitted to receive calls and SMS messages at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular number.
By providing your contact information, you expressly consent to be contacted by us, our affiliates, and our authorized service providers for purposes directly related to your Pool Account and the Services. This includes communications necessary for account servicing, such as:
Security alerts
Account updates
Transaction confirmations
Required regulatory notices
These communications may be sent by email, postal mail, SMS/text message, push notification, or phone call (including use of prerecorded or artificial voice messages). These are service-related communications and cannot be opted out of without closing your Pool Account.
Separately, you may choose to receive marketing or promotional communications from us, our affiliates, or our authorized agents/service providers. These may include product announcements, special offers, or referral program information.
Consent is Optional: You are not required to consent to marketing communications to open or maintain a Pool Account.
Form of Consent: If you choose to receive marketing via SMS text messages or phone calls using prerecorded or artificial voices, you are providing your express written consent under the Telephone Consumer Protection Act (TCPA).
Opt-Out: You may withdraw your consent and unsubscribe at any time by following the opt-out instructions in the communication or updating your account preferences.
By opening and maintaining a Pool Account, you consent to receive service-related SMS text messages that are necessary for the operation and security of your account. These messages may include multi-factor authentication codes, fraud alerts, transaction confirmations, or account updates.
These service SMS communications are considered transactional and are required as a condition of using the Pool Account.
You cannot opt out of service-related SMS without closing your Pool Account.
Separately, you may choose to receive marketing or promotional SMS text messages from us, our affiliates, or our authorized service providers. These may include offers, product updates, or referral program information.
Consent is Optional: You understand that you are not required to consent to receive marketing SMS messages as a condition of accessing or maintaining your Pool Account or other Services.
Express Written Consent: If you elect to receive marketing SMS messages, you are providing your prior express written consent under the Telephone Consumer Protection Act (TCPA) to receive such messages at the phone number you provide.
Opt-Out: You may withdraw your consent at any time by replying STOP to a marketing SMS message or by contacting us at hello@poolmoney.com.
You agree that we and our agents, representatives, or affiliates may contact you for account-related purposes at the telephone numbers you provide, including mobile, landline, or VoIP numbers. Such communications may include the use of pre-recorded or artificial voice messages and automated dialing devices, but only for service and transactional purposes. Marketing calls or texts will only be made if you have separately opted in as described above.
You consent in advance to the monitoring and recording of any telephone calls with us for security, compliance, quality assurance, and customer service purposes. We may record calls without providing additional notice at the time of each call. Please note that we are not required to act upon instructions you provide through voicemail or on an answering machine.
You may update or remove your telephone numbers or email addresses at any time by notifying us through reasonable means. However, if you wish to revoke the consent you have provided under this subsection (so that we no longer contact you at all through those channels), you must provide us with at least 10 days’ prior written notice at hello@poolmoney.com.
You are responsible for any charges, including text messaging fees, imposed by your communications service provider.
You agree to receive required service-related alerts regarding your Pool Account — such as activity notices, balances, payments, and suspicious activity alerts — through push notifications to your smartphone or other device. These push notifications are considered service communications.
Delivery of push notifications may be delayed or prevented by factors beyond our control, including issues with your internet or mobile service provider. We are not liable for any losses or damages arising from non-delivery, delayed delivery, erroneous delivery, or inaccuracies in push notification content, or from your reliance on such content.
Please note that push notifications may not be encrypted and could include your name and Pool Account information. We may terminate or suspend push notification services at any time without notice.
You may discontinue receiving optional push notifications (beyond those required for account operation and security) by adjusting your preferences on your smartphone or device.
In a nutshell: Your Pool Account may be subject to legal process.
You agree that we may comply with any legal process, such as an attachment, garnishment, levy or seizure, related to the Pool Account. We may limit your ability to make withdrawals from the Pool Account until the legal process is resolved. We are not liable to you for any sums we may be required to pay because of any legal process. We are not required to determine whether the court issuing the legal process had jurisdiction over you or over the Pool Account or otherwise had the authority to issue the legal process. Any payment we make is subject to our rights of offset and we may first satisfy any debts you owe to us. If we incur any expenses in responding to any legal process that are not otherwise reimbursed, we may charge such expenses to the Pool Account without prior notice to you.
In a nutshell: We may surrender funds in your Pool Account to the state.
If you have not had any activity and have not communicated with use for a period of years, state law may consider the Pool Account unclaimed property. In those cases, we may surrender the funds in the Pool Account to the state, typically to the state of the address of the Pool Account admin on file. We are not responsible for the funds after we surrender them. You may be able to reclaim them from the state.
In a nutshell: You may close your Pool Account at any time. We may also, in our sole discretion, suspend your Pool Account. If your Pool Account is suspended or closed, you will be able to recover your funds unless such funds were obtained fraudulently or unless prohibited by law or court order. We may place other conditions on the recovery of your funds.
You may terminate this Agreement at any time by closing your Pool Account and discontinuing use of the Services by contacting us at hello@poolmoney.com. When we receive your request to close your Pool Account, we may take a reasonable amount of time to process your account closure. Upon termination of this Agreement and your Pool Account, you remain liable for all transactions made while your Pool Account was open.
You agree that we may suspend or terminate your Pool Account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. We may also at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Agreement may be affected without prior notice and acknowledge and agree that we will not be liable to you or any third party for any termination of your access to the Services.
If you have a balance remaining in a Pool Account which has been suspended or closed, you will be able to recover such funds, unless prohibited by law or a court order or where we have determined that such funds were obtained fraudulently. We have full discretion as to the means by which you will receive such funds following our decision to return such funds. We reserve the right to require you to provide further identifying information before processing such withdrawal or transfer requests and to delay or prohibit such withdrawal or transfer if we believe fraudulent or illegal activity has occurred.
If you are unable to login to your Pool Account, you will need to contact us at hello@poolmoney.com to process such withdrawal.
In a nutshell: The items listed below are a non-exclusive list of prohibited activities when accessing the App, using Services or operating a Pool Account.
As a condition to accessing the App, using the Services or operating a Pool Account, you agree you will not:
violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
intentionally try to defraud (or assist in the defrauding of) us or other Pool Users;
use funds in a Pool Account that you are not authorized by the other Pool Users in the Pool to use;
provide false, inaccurate, or misleading information;
take any action that interferes with, intercepts, or expropriates any system, data, or information;
partake in any transaction involving the proceeds of illegal activity;
transmit or upload any virus, worm, or other malicious software or program;
attempt to gain unauthorized access to other Pool accounts, the App, or any related networks or systems;
use the Services on behalf of any third party or otherwise act as an intermediary between Pool and any third parties;
collect any user information from other Pool Users, including, without limitation, email addresses;
defame, harass, or violate the privacy or intellectual property rights of Pool or any other Pool Users;
upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise; or
display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
Special Notice for International Use; Export Controls: Any software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns to online conduct and acceptable content.
In a nutshell: We may charge fees for our Services. If we do, you agree you will provide correct and updated payment information. If we do charge fees, we may also change the fee at any time by providing prior notice to you. All fees for the services or Pool Account can be viewed on the fee table below.
We may charge a fee for your use of the Services or any part of your use of the Pool Account. To the extent we do, you may be required to select a form of payment and provide information to us regarding your form of payment. You represent and warrant to us that such information is true, correct and accurate, and that you are authorized to use the payment instrument. You will promptly update your Pool Account information with any changes (for example, a change in your billing address) that may occur. You agree to pay to us the amount that is specified in accordance with this Agreement. If you dispute any charges, you must let us know within sixty (60) days after the date that we charge you. We reserve the right to change our prices. If we do change prices, we will provide notice of the change to you through any reasonable method of communication (including email, by updating this Agreement, or by notice to you through the App) at least thirty (30) days before the change is to take effect. Your continued use of the Services or your failure to close the Pool Account after the price change becomes effective constitutes your agreement to pay the changed amount. You are responsible for all taxes associated with the Services other than U.S. taxes based on our net income.
ATM fees. When you use an ATM, you may be charged a fee by the ATM operator or any network used, and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.
Per the Truth in Savings Act (TISA), we would also like to provide you with the following information about your Pool Account:
Fee table: You are welcome to view the fee table for the Services and Pool Account below.
Interest: We do not offer interest on Pool Accounts.
Minimum Balance Requirements: There are no minimum balance requirements in order to open a Pool Account.
Minimum Balance Fees: We do not impose minimum balance fees on Pool Accounts.
Other Fees: If you opt to utilize our Instant Send feature, you will be charged 1.75% of the total transaction, which amount will be debited from your Pool Account.
Bonus Payments: Pool does not offer bonus payments.
| Type of Fee | Fee Amount | Fee Information |
|---|---|---|
|
Instant Send |
1.75% of the transaction |
Instant Send allows you to transfer eligible funds to another account or recipient on an expedited basis. When you use Instant Send, transfers are typically completed within minutes, even outside of normal banking hours. Note:
|
In a nutshell: As a condition to your use of the Services, you give us consent to obtain information about you from third parties. Our use of any information we obtain about you will be governed by the Program Privacy Policies.
Third-Party Account Information: To use the Services, you authorize us to retrieve your transaction history, balance information, and/or other information maintained by third parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). We work with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other products and services that may be of interest to you. By using the Services, you authorize us to access this information maintained by such third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. We may, but are not required to, review the Third-Party Account Information for accuracy, legality or non-infringement, and we are not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will correspond to the information provided by third parties, and that this information may not reflect pending transactions or other recent activity.
In a nutshell: When you use the Services, you may be directed to third party websites or content. We are not responsible for the content or any loss you may suffer as a result of any third party content.
Our Services may appear on, or link to, or third-party links, websites, or content. We have no control over such sites and resources and are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
In a nutshell: You may access our Services or the App through third party distribution channels, such as the Apple App Store. Your access through these third-party distribution channels will be subject to separate terms and conditions.
We may offer software Apps that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services. Further, you may be consenting to share certain personal information with us when you install one of our software Apps through a distribution channel. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
You acknowledge that these Terms of Service are concluded between us and you only, and not with Apple Inc. (“Apple”), and that as between Pool and Apple, Pool, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the “Usage Rules” set forth for Apple-Enabled Software in, or otherwise be in conflict with, the applicable App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Pool’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Pool and you acknowledge that Pool, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Pool and Apple, Pool, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Pool as follows: hello@poolmoney.com, at 2261 Market Street #5249, San Francisco, CA 94114.
Pool and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
You acknowledge that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
In a nutshell: Your use of the Services and/or the Pool Account will be subject to important intellectual property laws and usage restrictions.
Service Content, Software and Trademarks: The technology and software underlying the Services and the App or distributed in connection therewith are the property of Pool, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Pool.
You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Pool, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services.
The Pool name and logos are trademarks and service marks of Pool (collectively, the “Pool Trademarks”). Other Pool products, and names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pool. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Pool Trademarks displayed on the Services, without Pool’s prior written permission in each instance. All goodwill generated from the use of the Pool Trademarks will inure to Pool’s exclusive benefit.
With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant to us and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Pool, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Pool’s Copyright Agent at hello@poolmoney.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: P.O. Box 411689, San Francisco, 94141.
Copyright Notices: To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Pool Users who are deemed to be repeat infringers. We may also in our sole discretion limit access to the Service and/or terminate access to the Pool Account of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In a nutshell: The following sections contain important waivers, limitations on your rights, agreements, and release provisions and you should read them in their entirety.
You agree to release, indemnify and hold us and our respective officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless from and against any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement and applicable law; (3) any action or omission by you in violation of this Agreement or applicable law; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If you are a user from a jurisdiction that does not allow certain indemnification obligations or releases, you agree that the foregoing section titled “Indemnity and Release” is intended to be as broad as permitted under the laws of such jurisdiction. If any portion of this section is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.
YOUR USE OF THE SERVICES AND THE POOL ACCOUNT IS AT YOUR SOLE RISK. THE SERVICES AND POOL ACCOUNT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. POOL MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
If you are a user from a jurisdiction that does not allow the exclusion of certain types of warranties, you agree that the foregoing section titled “Disclaimer of Warranties” is intended to be as broad as permitted under the laws of such jurisdiction. If any portion of this section is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF OR LOSS OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY OR SUCH OTHER JURISDICITON. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY OR SUCH OTHER JURSIDICTION, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
WE DO NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE APP OR THE SERVICES. WE ARE NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. WE ENCOURAGE YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
This dispute resolution provision (this “Dispute Resolution Provision”) sets forth the circumstances and procedures under which Claims (as defined below) will be arbitrated instead of litigated in court upon the election of a party. Neither you nor we will have the right to: (1) have a court or a jury decide the dispute; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action in court or in class arbitration; or (4) join or consolidate a claim with claims of any other persons. Arbitration procedures are simpler and more limited than rules applicable in court. The decision of the arbitrator is final and binding.
As used in this Dispute Resolution Provision, the term “Claim” means any claim, dispute, or controversy between you and us arising from or relating to this Agreement, the Pool Account or the Services as well as any related or prior agreement that you may have had with us, including the validity, enforceability or scope of this Dispute Resolution Provision or this Agreement. “Claim” includes claims of every kind and nature, including, but not limited to, initial claims, counterclaims, crossclaims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced. We will not elect to use arbitration under the Dispute Resolution Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court will be pursued only in arbitration.
NEITHER YOU NOR WE ARE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR POOL ACCOUNT. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. FURTHER, NEITHER YOU NOR WE HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT, SUBJECT TO THE SECTION TITLED EXCLUDED CLAIMS, OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA.
Any Claim will be resolved, upon the election by you or us, by arbitration pursuant to this Dispute Resolution Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you will have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
If A party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. There is no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other account holders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
Any arbitration hearing that you attend will take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
This Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration will be governed by the applicable code, except that (to the extent enforceable under the FAA) this Dispute Resolution Provision will control if it is inconsistent with the applicable code. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law and, at the timely request of either party, will provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator will not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the other party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be at the sole discretion of the arbitrator who will notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator will take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which will consider anew any aspect of the initial award objected to by the appealing party. The appealing party will have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal will be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel, which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel will be by majority vote and will be final and binding.
This Dispute Resolution Provision will survive termination of your Pool Account, your use of the Services, this Agreement and any bankruptcy by you or us. If any portion of this Dispute Resolution Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it will not invalidate the remaining portions of this Dispute Resolution Provision, this Agreement or any prior agreement you may have had with us, each of which will be enforceable regardless of such invalidity.
You agree that you are solely responsible for your interactions with any other Pool User in connection with the Services or use of a Pool Account and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.
This Agreement constitutes the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us with respect to the Services; provided, however, that you may also be subject to additional terms and conditions for products or Services provided by Pool, as applicable. This Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Pool Account, the Services, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Agreement without our prior written consent, but we may assign or transfer this Agreement, in whole or in part, without restriction. The section titles and the “In a Nutshell” summaries in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Services.
State Privacy Rights: Depending on where you live, you may have additional rights under applicable state privacy laws, including the California Consumer Privacy Act (CCPA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), and other laws. These rights may include the ability to:
Access or request a copy of your personal information
Correct inaccuracies in your personal information
Request deletion of your personal information
Opt out of the sale or sharing of personal information
Opt out of targeted advertising or profiling
You can submit a privacy request by emailing us at privacy@poolmoney.com. We may need to verify your identity before processing certain requests. For more information about how we handle your data, please review the Program Privacy Policies.
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Pool United Inc., 2261 Market Street #5249 San Francisco, CA 94114.
We are committed to making our services and legal policies accessible to all individuals, including people with disabilities. We strive to meet the Web Content Accessibility Guidelines (WCAG) 2.1 and are working to ensure our App and website are usable by all. If you require this document in an alternative format or need assistance accessing any part of our platform, please contact us at hello@poolmoney.com. We will provide reasonable accommodations upon request in accordance with applicable laws.
Please contact us at hello@poolmoney.com to report any violations of this Agreement or to pose any questions regarding this Agreement or the Services.