Last Updated: August 27, 2024

IMPORTANT - PLEASE READ THESE TERMS

These Super Pay Service Terms (“Service Terms”) are an agreement between Snapmoney,       Inc. (DBA SuperCash) ("Super.com," “us,” “we,” “our'') and you (“you,” “your”). These Service Terms incorporate the Super Terms of Use (“Terms of Use”) and together with the Terms of Use govern your use of all financial products and services we or our partners may offer via the Super Pay pages of our Site (as defined in the Terms of Use) or the Super App (as defined in the Terms of Use) (the “Super Pay Services'').

PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND SUPER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

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We may modify these Service Terms for any reason and at any time by posting a new version. Modifications to the Service Terms do not affect any rights or obligations that arose prior to the modifications, but your continued use of Super Pay Services following the posting of modified Service Terms will be subject to the Service Terms in effect at the time of your use. Please review these Service Terms periodically for changes. If you object to any provision of these Service Terms or any subsequent modifications to these Service Terms your only recourse is to immediately terminate use of the Super Pay Services.

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Some Super Pay Services may be subject to our additional terms, conditions, agreements, policies, guidelines, rules and schedules, which will be posted or made available separately from these Service Terms when the Super Pay Service is offered (“Additional Terms”). Such Additional Terms are incorporated into and form a part of these Service Terms. If there is a conflict between these Service Terms and the Terms of Use, the Service Terms will control. If there is a conflict between these Service Terms and the Additional Terms, the Additional Terms will control.

Super Pay Account Creation and Use

One of the financial products/services offered via our Site or the Super App is the Super Pay Account. Super Pay Accounts are offered by our bank partner, MRV Banks, or its successor (“Bank Partner”) and are governed by and described in more detail in the following Additional Terms: Deposit Account Agreement and the Super Pay Secured Charge Card Agreement. You understand that the Bank Partner has sole discretion to approve or deny your application for a Super Pay Account for any reason, subject to applicable law. In order to evaluate your application for a Super Pay Account, you may be asked to provide a variety of personal information, including, without limitation, your name, address, phone number, birthdate, national ID (social security number) and to connect to an external bank account you have with another financial institution in the U.S. or a U.S. territory (a “Linked External Account”) or to link to a debit card connected to an external bank account (a “Debit Card”). Bank Partner, or we on behalf of Bank Partner, may use this information, including, without limitation, the transactional history from the Linked External Account and use of your Debit Card, to, among other things, determine whether to approve or deny your application for a Super Pay Account. If you are approved for a Super Pay Account, the Bank Partner may limit or deny (or instruct us to limit or deny) your access to Super Pay Services related to the Super Pay Account for any reason, subject to applicable law. 

Cash Advance Service 

MRV Banks is not affiliated with Super.com’s Supplementary Advance Service.

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Overview

Super.com offers two different types of short term advances of funds as part of its “Advance Services” - Supplementary Advances and Just-In-Time Advances (each, an “Advance”). The amount of each Advance you are eligible for is based on, among other things, whether you have established a direct deposit into a Linked External Account or Deposit Account and an analysis of your deposits and transaction history. We reserve the right to adjust Advance amounts and our eligibility criteria at any time. Advances are not loans, and we don’t charge interest for Advances.

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Supplementary Advances
You may request supplementary advances on our Site or in the Super App (each a “Supplementary Advance”). You may choose to provide tips or other gratuities in appreciation of Supplementary Advances (each a “Gratuity”). You may also request that Super.com prioritize disbursement of a Supplementary Advance in exchange for a fee (each an “Express Fee”). Options for Gratuities and Express Fees (collectively “Voluntary Fees”) will be presented to you prior to completing a request for a Supplementary Advance. Voluntary Fees are payable on the repayment date for the applicable Supplementary Advance (each a “Repayment Date”). In no way does your choice of Voluntary Fees alter your eligibility to receive an Advance, your ability to access an Advance or the amount of any Advance you are eligible to receive.

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Just-in-Time Advances
Where you have connected a Linked External account or a Debit Card to your Super Pay Account and attempt to make a purchase with your Super Card that exceeds the then current amount in your Super Pay Account, Super.com may, as a convenience to you and in its sole discretion offer you an advance in the amount needed to complete that purchase (a “Just-In-Time Advance”). You may opt out of receiving Just-In-Time Advances by calling our Customer Support Team at 1 (877) 376-2710 . When manual funding is enabled, you will only be able to spend the funds that have been manually transferred into your Super Pay account. If you attempt to make a purchase which exceeds this amount, the transaction will be declined.

Each time you a) initiate a Supplementary Advance, or b) use your Super Pay Account to make a purchase that exceeds your then-current Super Pay Account balance and you haven’t opted-out of receiving Just-In-Time Advances, you authorize us to debit and/or credit your Payment Method as set forth below.

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Advance Repayment

Our default is to automatically debit your Payment Method (as defined below) on your Payment Date (as defined below) a) for Supplementary Advances in an amount equal to the given Supplementary Advance and its associated Voluntary Fee, and b) for a Just-In-Time Advance for the amount of that Just-In-Time Advance. “Payment Method” means, for any Advance, your Linked External Accounts and your Debit Cards and also includes (for Supplementary Advances only) your Super Pay Account. “Payment Date” means a) in the case of Supplementary Advances, on the associated Repayment Date, and b) in the case of Just-In-Time Advances at the time (or proximate to the time) the Just-In-Time Advance is deposited in your Super Pay Account.

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Super.com has no legal or contractual claim against you for failing to repay an Advance, but Super.com will not provide you further Advances (i) while any amount of an Advance or the Voluntary Fees associated with an Advance remains unpaid, (ii) if you have a history of late repayment of Advances, or (iii) if you otherwise become ineligible for Advances under our then-current eligibility criteria. With respect to a failure to repay an Advance, Super.com will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. Super.com does not waive any rights regarding fraudulent activity or Voluntary Fees, and Super.com will pursue instances of fraud. Voluntary Fees are not refundable.

You may opt-out of our automatic debit of your Payment Method for a given Advance by indicating so to a Super Pay customer  service representative at 1 (877) 376-2710 at least three (3) business days before the applicable Payment Date. 

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Inadequate Funds for Repayment On Payment Date

If you do not have adequate funds in your Payment Method on the applicable Payment Date and have not opted out of automatic repayment for the given Advance, we will continue to debit your Payment Method for that Advance until the given Advance has been repaid.

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We are not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your Payment Methods. We will monitor your balances where possible and attempt to ensure you have sufficient funds before debiting them, but we make no warranties that an overdraft of your Linked External Accounts or accounts associated with your Debit Cards will not occur when you have inadequate funds to repay an Advance on its Payment Date.

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Credit and Debit Authorization

In connection with the Advance Service you authorize us to electronically debit your Payment Method on the Payment Date for the Payment Amount. As applicable, you also authorize Super.com to electronically debit and credit your Payment Method to correct erroneous debits and credits. You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse and debit card transactions as provided herein and will remain in full force and effect until you notify Super.com that you wish to revoke this authorization by indicating so to a Super Pay customer service representative at 1 (877) 376-2710. You must notify Super.com at least three (3) business days before the applicable Payment Date in order to cancel this authorization for a given Advance. When you call, please include the name and telephone number associated with your Super Pay Account. Failure to provide correct and complete information may make it impossible for Super.com to stop withdrawal of the preauthorized transaction.You agree to indemnify and hold Super.com harmless from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Super.com of your desire to revoke your authorization at least three (3) business days before the Payment Date, Super.com will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled Payment 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 Super.com that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. If you have a joint Linked External Account or account connected to a Debit Card, you represent and warrant that you have the authority to (a) bind the absent account holder; and (b) enter into this Agreement independently. You agree to indemnify and hold Super.com harmless from any claims by any other owner of the Linked External Account or account connected to a Debit Card.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. See the Electronic Fund Transfer Disclosure below for more information about your rights associated with electronic funds transfers.

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Referral Program. We may offer users the opportunity to participate in a program that rewards users for referring their friends and family members to Super Pay (“Referral Program”).

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Earning Rewards. We may provide you the opportunity to receive a promotional reward (“Reward”) for referring friends to Super Pay using unique referral code(s) issued to you by Super.com (either as an alphanumeric code or a hypertext link). Rewards may be issued as promotional credit to your Super Pay Account, or by other means we select from time to time (each a “Promotional Credit”). In order to earn Rewards, your unique referral code or hypertext link must be provided to your friend, your friend must enter the code or follow the link, obtain a Super Pay Account and make a qualifying purchase of at least $10 dollars using their Super Pay Account within fifteen (15) days. When this occurs, Super.com will issue a Reward if Rewards are still available. The amount of Rewards you earn for a referral, the number of Rewards you can earn in a given period, and the amount of cash for which a Reward may be redeemed, may vary from time to time in our sole discretion. Unless expressly stated otherwise, you are limited to ten (10) Rewards per year. Limited Rewards are available. We may offer temporary promotions pursuant to which you may earn a certain amount of Rewards for referrals made during the specified promotional period, and these promotions may be subject to additional terms and conditions that you are required to accept and are incorporated into these Service Terms by reference. Unless otherwise specified by the terms of a promotion, you may only earn one Reward per Super Pay Account opened by a friend you referred, even if you referred two or more friends who each become owners of the same Super Pay Account. You may not earn any Rewards if your Super Pay Account is past due, canceled, has a returned payment outstanding, or is otherwise in default or if you have an outstanding Cash Advance balance that hasn’t been repaid. Rewards are issued solely for loyalty, awards, and promotional purposes. You may not use your Rewards for a business or commercial purpose. Rewards have no cash value until and unless Super.com credits your Super Pay Account by transferring the applicable specified amount of cash to your Super Pay Account. Rewards are not your property and you cannot transfer Rewards to any other person. Rewards can’t be transferred by operation of law, such as by inheritance, bankruptcy, or in connection with a divorce. Rewards remain the property of Super.com until Super.com credits them to your Super Pay Account. Super.com reserves the right to decline to credit your Super Pay Account for Rewards earned at any time and for any reason, subject to applicable law. If we, in our sole discretion, determine that you have engaged in abuse, misuse, or fraud in connection with earning Rewards or that you attempt to do so, we may take any action, including: (i) take away any Rewards in your Super Pay Account; (ii) temporarily suspend your ability to earn Rewards or receive a credit to your Super Pay Account for Rewards previously earned; (iii) terminate your participation in the Rewards Program; and/or (v) cancel your User Account and/or Super Pay Account.

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Amendments, Restrictions, Termination. We may add to, terminate, and/or change the Referral Program at any time with or without notice to you. For example, we could change the amount of Rewards you can earn for referrals, impose caps and/or fees on earning and/or using Rewards, place restrictions on or terminate your ability to earn or redeem Rewards, terminate your membership in the Referral Program, or terminate all or parts of the Referral Program. You acknowledge that in the event we make these changes, you may no longer be able to earn Rewards. If you or we close your Super Pay Account for any reason, we may immediately require you to forfeit all of your ability to earn Rewards. For Referral Programs, promotional programs, initial sign-up offers or other bonus programs that require a purchase, unless expressly stated otherwise, the term “purchase” will mean a charge for goods or services in excess of US$5. The following transactions are not considered purchases: balance transfers, cash advances, cash-like items (like gift cards), peer-to-peer payments or transfers to other Super Pay users or to users of other payment platforms like PayPal, Venmo or similar payment platforms, payments of fees, finance charges, unauthorized or fraudulent transactions, certain other charges, and fees of any kind. We reserve the right to determine whether a particular transaction constitutes a purchase for a Referral Program. If a refund or credit to the Super Pay Account is initiated in connection with any purchase on which Super Pay Reward or Promotional Credit was earned, your Super Pay Account balance will be reduced by the amount of the Reward or Promotional Credit previously earned in connection with such returned or refunded purchase. Purchases that are conducted through online or third-party payment accounts, mobile or wireless card readers, virtual wallets or similar technology may not be eligible for the Referral Program.

Fees, Taxes. There is no fee to participate in the Referral Program. It is your responsibility to determine if you are liable for, and pay, any federal, state, or local taxes as a result of earning Rewards.

Illegal Transactions and Internet Gambling

You must not use the Super Pay Services, including via the Super App, our Site, or a Super Pay Account, for any illegal purpose or internet gambling. You must not use a Super Pay Account to fund any account that is set up to facilitate internet gambling. We, Bank Partner or any service provider may deny transactions or authorizations from merchants that are apparently engaged in or are identified as engaged in the internet gambling business.

Data-Backed Claims and Reliance

We acknowledge that data-backed claims are based on available information and sources that are deemed reliable. However,  we do not guarantee the absolute accuracy, completeness, or up-to-dateness of such claims. You understand and agree that any decisions or actions taken based on data-backed claims provided by us are at your own risk. We shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising from the use of such claims, including but not limited to financial losses, business interruptions, or reputational harm. You are encouraged to independently verify any data-backed claims provided by us before making critical decisions. We shall not be responsible for any adverse outcomes resulting from the User's reliance solely on these claims without conducting appropriate due diligence.

Supplemental Services & Partnership - Other Terms May Apply

We offer access to certain products and services through our various Services, including, but not limited to, gas savings and cellular phone protection (“Services”). Services accessed through Super.com may be offered by us or by, or in conjunction with, third-party partners. Access to these Services may be subject to additional terms and conditions or other agreements specific to these Services (“Additional Terms”). These Super Pay Service Terms hereby incorporate any Additional Terms to which you may agree by reference. If there is a conflict between these Super Pay Service Terms and the Additional Terms, such other Additional Terms will take precedence with respect to the specific aspects of the Service to which it applies. 

You agree that we may use your personal information, as well as information and transactional history from your Linked External Account and Super Pay Account to provide you with these Super Pay Services, to market additional Super.com Services to you and for other purposes as described in our Privacy Policy.

Unified Credits 

If you are a Super Pay user, when you receive credits from Super.com, you will be able to use them across our two verticals, Super Pay and Super Travel. This means that if you receive credits from Super Travel, these can be redeemed to your Super deposit account, where you can use it towards your everyday purchases on your Super Card anywhere Mastercard is accepted. Additionally, if you receive cash rewards from your Super Card these can be applied as credits to your Super Travel bookings. Please note there is a $100 daily, $250 weekly, and $1000 monthly redemption limit so you may not have access to your full cash rewards if you choose to redeem your credits or cash rewards into your Super Card.

Cancellation & Termination 

You may cancel your Super Pay Card any time by calling our Customer Support team at 1 (877) 376-2710. Upon successful identity verification, your Super Pay Card will be frozen, ceasing any further usage. Subsequently, within several business days, your Super Card status will transition from "frozen" to "canceled." As a result of this cancellation, you will no longer retain access to your Super Pay Card, User Account, or any associated Super Pay Services.Any remaining funds will be mailed to you via check at your address on file. You agree that where we terminate or discontinue your access to a User Account or the Super Pay Services, you may lose all credits in your User Account and we will not be liable to you or any third party for any damages resulting from such termination.

Electronic Funds Transfer Disclosure 

The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers in connection with the Advance Services. There may be limitations on your Linked External 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 External Account or debit card.The disclosures in this section apply to the Advance Service. For information and disclosures applicable to other services associated with your Super Pay Account, please refer to the Super Pay Electronic Fund Transfer Authorization here.

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Definitions

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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 External Account, debit card or your Super Pay Account in connection with the Advance Services.

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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 Super Pay Account, Linked External Account or Debit Card to repay an Advance or Voluntary Fees.

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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 Super App or Super 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.

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Your Liability
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Authorized Transfers

You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.

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Unauthorized Transfers

Tell us at once if you believe your Super App login ID or password has been lost or stolen or if your 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. You could lose all the money in your Linked External Account(s), account(s) linked to your Debit Card and/or Super Pay Account.

Types of Transfers; Limitations

You may use the Advance Services to request and receive Advances to your Super Pay Account, to repay such Advances, and to pay Voluntary Fees to Super.com. Any limitations regarding Advance amount or Voluntary Fees will be displayed to you through the Advance Services.

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Confidentiality Related to Electronic Fund Transfers‍

We will disclose information to third parties about the Electronic Fund Transfers you make related to the Advance Services: Where it is necessary for completing the Electronic Fund Transfers; In order to comply with government agency or court orders; If you give us written permission; or As otherwise provided in our Privacy Policy.

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Error Resolution

In case of errors or questions about your electronic fund transfers, telephone us at 1 (877) 376-2710. If you think your Linked External Account statement, receipt, or payment history for Advance Services within the Super App are wrong, or if you need more information with respect to an Advance about a transfer listed on the statement, receipt, or within the Super App, contact us as soon as you can. We must hear from you no later than 60 days after the statement or receipt was delivered to you. In your notification to us, you must: Tell us your name and phone number associated with your User Account; 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; and 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 may credit your Linked External Account, Debit Card or Super Pay 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 User Accounts, we may take up to 90 days to investigate your complaint or question. For new User Accounts, we may take up to 20 business days to credit your Linked External Account, Debit Card or Super Pay 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.

ALL QUESTIONS ABOUT TRANSACTIONS ASSOCIATED WITH THE ADVANCE SERVICES MUST BE DIRECTED TO SUPER.COM, AND NOT TO MRV BANKS OR THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR LINKED EXTERNAL ACCOUNT OR DEBIT CARD. We are responsible for the Advance Services and for resolving any errors in transactions made in conjunction with such Advance Services.

We will not send you a periodic statement listing transactions associated with the Advance 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 ADVANCE 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, call or write us at the telephone number and address indicated below:
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1 (877) 376-2710 SnapMoney, Inc. DBA SuperCash 18 Bartol Street, Unit #159, San Francisco, CA 94133 Email: [email protected]

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‍IF YOUR SUPER.COM USER ACCOUNT OR SUPER APP LOGIN ID OR PASSWORD IS LOST OR STOLEN, NOTIFY US AT ONCE by calling or writing to us at the telephone number or address listed above.

State Disclosures 

California Residents. Under California Civil Code Section 1789.3, users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. A married applicant may apply for a separate account. If Bank Partner takes any adverse action pursuant to § 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain within 60 days a free copy of your consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis. 

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Massachusetts Residents. Massachusetts law prohibits discrimination based upon marital status or sexual orientation.

New Jersey Residents. IF YOU ARE A USER FROM NEW JERSEY, THE 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. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

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Ohio Residents. The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law.

Contact us 

You may contact us by email at [email protected] or by mail at SnapMoney, Inc. DBA SuperCash 18 Bartol Street, Unit #159, San Francisco, CA 94133

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*SuperCash is now Super Pay. No other terms have changed except SuperCash to Super Pay. All users who use the Super.com website or all users who have signed up for or have an activated Super Card are now subject to these Terms. These Service Terms incorporate the Super.com Terms of Use, all agreements listed under the Super Pay heading, as well as all other applicable terms, conditions, limitations, and requirements on the Super.com website, all of which (as changed over time) are incorporated into these Terms. Together with the Terms of Use govern your use of all financial products and services we or our partners may offer.

‍Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your Agreement below and on the back of your monthly billing statement.

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THINGS YOU SHOULD KNOW ABOUT THIS CARD

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This Agreement. This Super Pay Secured Mastercard^® Cashback Charge Card Agreement (“Agreement”) contains the following terms and conditions under which MRV Banks has agreed to establish a secured consumer charge card account for you. This Agreement is between you and MRV Banks. This Agreement also refers to and includes other disclosures we may provide to you, which are incorporated by reference. 

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However, the arbitration provision does not apply if you are a Covered Borrower (as defined herein) entitled to protections under the Military Lending Act. Please see the Military Lending Act Disclosures section below for more information. When you use your Card Account (or sign or keep the Card), you agree to the terms of this Agreement. Please retain a copy of this Agreement for your records.

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Parties To This Agreement; Definitions. “You” and “your” mean each person who applied for an Account and/or was issued a Charge Card by MRV Banks. “Authorized User” means anyone who uses your Charge Card or Account with your consent, including but not limited to, any user who is provided an additional Charge Card. The words “we,” “us,” and “our,” mean MRV Banks, and its agents, successors, assignees, and third-party service providers. SnapMoney, Inc (‘Card Services”) is our third-party service provider for the Account and may be referenced herein as an agent, service provider, or servicer. By opening or continuing to use a Super Pay Account, you agree to this Agreement. Please keep a copy of this Agreement for your records.

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Program Operation. You have downloaded the Super App and obtained a Super Pay Account. You have applied for and will receive (i) a Super Pay Deposit Account (“Deposit Account”) with terms as outlined in the Super Pay Deposit Account Agreement and (ii) a Super Secured Mastercard® Cashback Charge Card Account (“Card Account” or “Card” as they may be referred to respectively) with terms outlined in this Agreement, both issued by MRV Banks. Each time you use your Card Account for a purchase, an amount from your Deposit Account equal to the purchase will be transferred to a Security Account at MRV Banks to secure your purchase. You may never spend more than the Balance you have in your Deposit Account (“Credit Limit”) with your Card Account. The Credit Limit applies to your Card Account. You must make payments to your Card Account as described in this Agreement. Your Card Account is also subject to a $5,000 maximum Credit Limit.‍

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MASTERCARD® CARDHOLDER AGREEMENT

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PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION AGREEMENT, IT REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IMPORTANTLY, THE ARBITRATION AGREEMENT INCLUDES OPT OUT PROVISIONS. ‍

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The Card Account is a charge card that accesses a line of credit. It is not a debit card, and you do not access the money in your Deposit Account when you use your Card. All credit we extend to you is secured by your Deposit Account. If you do not pay us back for transactions you make with your Card Account when your payments are due, we may exercise our Security Interest and withdraw the amount you owe us from your Deposit Account. You can lose the money in your Deposit Account and your Card Account may be closed.

See the Security Agreement. 

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IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT

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. What this means for you: 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.

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Using Your Card
The following rules apply to your use of your Card:

• You must sign the Card when you receive it.
• You must return the Card to us or destroy it if we ask you to.
• You must take reasonable steps to prevent the unauthorized use of your Card.
• We are not responsible for any losses you incur if anyone refuses to accept your Card for any reason.
• We may decline to authorize a transaction for any reason.
• We are not responsible for any losses you incur if we do not authorize a transaction.
• You must not use, or try to use, the Card for any illegal activity.
• We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control.

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Credit Limit and Available Credit 

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Credit Limit. We will assign a Credit Limit to your Card Account. The Credit Limit will be based on your Deposit amount, but will not exceed $5,000. A Credit Limit is the maximum amount of credit we may extend to you when you use your Card Account. The total outstanding unpaid balance you owe on your Card Account (“Card Account Balance”) may never be greater than your Credit Limit. You are responsible for keeping track of your Card Account Balance. We may, at our discretion, refuse to extend credit for any reason including when pre-authorized charges or other holds might cause you to exceed your Credit Limit. 

Available Credit. Your Available Credit is the amount of credit that is available for you to make transactions with your Card at any given time. Your Available Credit is equal to the Available Balance in your Deposit Account, minus the Spent Funds, up to your Credit Limit. 

Rules. You can use the Super App or contact customer service to view your Card Account Balance, Credit Limit, and Available Credit at any time. While we do our best to provide the most up-to-date information about your Card Account, there may be some delay in reflecting new transactions, for reasons outside our control such as network interruptions or delays by merchants in posting transactions and we cannot guarantee the accuracy of this information in the Super App or by phone. You are responsible for keeping track of your Card Account Balance, Credit Limit, and Available Credit. Our general practice is to decline transactions that may cause you to exceed your Credit Limit, Credit Limit or Available Credit. If we do honor these transactions, you are responsible for paying us back in full immediately, and these limits will not increase. We may increase or decrease your Credit Limit, Credit Limit, or Available Credit at any time, in our sole discretion. We are not required to extend credit up to your maximum Credit Limit, if it would cause you to exceed your Available Credit or your Credit Limit. 

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‍Using Your Card Account 

Virtual Card. We may permit you to obtain a virtual Card Account in the Super App or in a third-party wallet service and use the virtual Card Account to make transactions from time to time. Your use of a virtual Card Account is subject to additional terms and conditions which you must accept when you obtain or access a virtual Card Account. These additional terms and conditions are incorporated by reference herein. You may not be able to use a virtual Card Account at an ATM or any terminal that does not have the technology necessary to accept a virtual Card Account.

Point of Sale Purchases. You may use your Card to make purchases at points-of-sale. 

Cash Advances. You may use your Card to obtain cash advances at ATMs. Obtaining a cash advance at an ATM is a loan and does not debit your Deposit Account. Interest, finance charges, and other fees may apply, as shown in the Truth in Lending Disclosure or any Fee Schedule we provide.

‍Using a PIN. We may give you a personal identification number (“PIN”) that you may use to make transactions on your Card. For security reasons, you may have to provide the PIN before you are able to use the Card. Keep your PIN secure. Do not write it down, give it to anyone, or keep it with your Card. If you lose your Card or believe the confidentiality of your PIN has been compromised for any reason, you must contact us immediately. 

Rewards. Your Card may provide you with the opportunity to earn rewards. If it does, we will separately provide you with information and terms about the rewards. 

Responsibility for Card Use. You are liable for all transactions made with your Card or Super Pay Account, and all related fees or expenses incurred, by you and any other person that you permit to use or have access to your Super Pay Account, Card, or any other Access Credential.

Lost or Stolen Card. If your Card is lost or stolen or if you think someone else may be using your Super Pay Account, Card, or Access Credentials without your permission, you must contact us immediately at [email protected]. 

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Interest and Fees: 

Interest and Fees. We will charge fees as disclosed in the Truth in Lending Disclosures on Pages 2 of this Agreement, subsequent disclosures, Statements, any change in terms notices, and in the Fee Schedule provided with this Agreement. If you miss a required payment, make a late payment, or a payment is returned and you fail to successfully make the required payment by the Due date [we may terminate Card Account. 

Balance Computation Method. To get the “average daily balance,” we take the beginning balance on the Card each day of the Cycle, add any new purchases, and/or fees, and subtract any payments or credits. This gives us a daily balance. Then, we add up all the daily balances for the Cycle and divide the total by the number of days in the Cycle. This gives us the “average daily balance.” 

Expedited Delivery Fee. We impose a $25.00 fee for the expedited delivery of your Card.

Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the payment network will convert it into a U.S. dollar amount. The Mastercard will use its own currency conversion procedures. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date that appears on your Statement. We do not adjust the currency exchange rate or charge any currency conversion fees. Foreign transactions are subject to the Foreign Transaction Fee set forth in the Truth in Lending Disclosures.

ATM Fees. We charge a fee if you use an out-of-network ATM. An out-of-network third-party operator of the ATM may charge a separate fee for your use of the ATM. This fee may be charged to your Card and access your line of credit. You are responsible for paying all such fees. 

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‍Payments 

Your Promise to Pay. You promise to pay us all amounts due on your Card Account by each Due date set forth on your Statement. This includes amounts where you did not sign a purchase slip or other documents for the transaction. We will treat transactions made without presenting a physical Card (such as for mail, telephone, Internet, or mobile device purchases) the same as if you used the Card in person. If you let someone else use your Super Pay Account, you are responsible for all transactions that person makes. 

Minimum Payment. Each billing cycle, you must pay us the payment amount listed on your Statement by the Due date. Failure to make the minimum payment subject to the default provisions herein.

Payment Methods. Your payment must be made in U.S. dollars from a U.S. deposit account. You must use one of the following payment methods:

Preauthorized Automatic Payments (“AutoPay”). When you sign up, or by using the Super App, you may elect to make payments for your Card using AutoPay. Upon selecting AutoPay, you authorize us to make recurring debits from your respective Deposit Accounts or ACH transfers from Linked External Accounts, on each Due date, in the amount of the payment due (or another amount you select), as set forth on each Statement. You also authorize us to debit or credit your selected payment method as needed to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by law.

One-Time Transfer. You may use the Super App to authorize us to make a one-time transfer to us from your Deposit Account or ACH transfers from a Linked External Account on or before each Due date. You also authorize us to debit or credit your selected payment method to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by law. We may permit additional payment methods from time to time. We may reject any payment not made in accordance with this section. 

Effect of Payment on Credit Limit. When we receive a payment and apply it to your Card Account from a payment method other than a transfer from your Deposit Account or digital wallet, your Credit Limit on your Card Account will increase in an amount equivalent to your payment. We may delay the change in your Credit Limit until we confirm that your payment has cleared. This may happen even if we credit your payment. If you have elected to make payments from the Deposit Account associated with your Card Account, your Deposit Account balance and your Spent Funds will be reduced by the amount of your payment, and your Credit Limit on the Card will not increase.

Payment Processing. We may accept and process payments without losing any of our rights. If your payment is returned unpaid for any reason, you authorize us to re-initiate the payment you authorized up to two additional times. We also reserve the right to add the returned payment amount back to your Card Account.

How We Apply Your Payments. Payments are first applied to any past-due amount, then to your current minimum payment due. We may adjust your Card Account Balance, Deposit Account balance, or Credit Limit as reasonably necessary to correct errors, process returned and reversed payments, and similar issues. 

Credit Balances. We may reject and return any payment that creates or adds to a credit balance on your Card Account. Any credit balance we allow will not be available until we confirm that your payment has cleared. We may reduce the amount of any credit balance by any new charges. You may write to the address provided on your Monthly Billing Statement to request a refund of any available credit balance.

Non-Payment. In addition to any other rights we may have or actions we may take under this Agreement, if you fail to pay your outstanding balance on the Due date, we may exercise the Security Interest in the Collateral under the Security Agreement.

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Military Lending Act Disclosure: The Military Lending Act provides protections for Covered Borrowers, as defined in at 32 C.F.R. § 232.3(g). The following provisions of this Military Lending Act Disclosure section apply to Covered Borrowers. If you would like more information about whether you are a Covered Borrower, you may contact us at 1 (866) 602-3983.

1. Military Lending Act Notice: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not exceed an Annual Percentage Rate of 36%. This rate must include, as applicable to the credit transaction or account: (i) the costs associated with credit insurance premiums; (ii) fees for ancillary products sold in connection with the credit transaction; (iii) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (iv) any participation fee charged (other than certain participation fees for a credit card account).
2. Oral Disclosures: In order to hear these important disclosures related to the Military Lending Act, you may call 1 (866) 602-3983.
3. Applicability of Binding Arbitration: The Binding Arbitration section of this Agreement does not apply to Covered Borrowers.

‍Credit Limit. You may not spend more than the amount you have in your Deposit Account with your Card or with transactions on your Deposit Account. We refer to this limit as the Credit Limit. The Spent Funds is a portion of the Available Balance in your Deposit Account in an amount equal to your total Card Account Balance. The Credit Limit on your Deposit Account may never exceed the Credit Limit or the Available Credit. If you make a transaction that causes you to exceed the Credit Limit on your Card Account, you agree to immediately make a payment on your Card or make a deposit to your Deposit Account such that you no longer exceed your Credit Limit. Our general practice is to decline any transaction that would cause you to exceed any applicable Credit Limit. Even if we have permitted you to exceed your Credit Limit before, we are not required to do it in the future. We may determine the amount of Available Balance, Spent Funds, and Card Account Balance for the purpose of deciding whether a transaction will cause you to exceed a Credit Limit only once, and at any time between the time you authorize the transaction and when we decline the transaction or send a notice of the declined transaction.

The Super App. You can access your Card Account through the Super mobile application (Super App). You may log in to the Super App at any time to view and update information about your Card Account and initiate online transactions. Your use of the Super App is subject to the Super Pay Service Terms.

Other Transaction Limits. For security reasons, there are limits on the number, amount, frequency, and type of transactions you can make using your Card or Super Pay Account. Similarly, there are limits on your ability to use your Card with certain merchants or terminals. To protect the security of your Super Pay Account, others’ accounts and systems, we may or may not disclose some or all of these limits and any changes to these limits, unless required by law. We may change these limits from time to time at our sole discretion. We will notify you of any limits or changes to these limits if required by applicable law. In our discretion, we may permit you to make transactions in excess of these limits, but our permission to do so on one occasion does not guarantee that we will allow a transaction in excess of the limits in the future. Your rights under this Agreement to make purchases, deposit funds, make ATM transactions, transfers, and other transactions with your Card or Super Pay Account are subject to this paragraph.

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Security; Locking Your Card Account. CONTACT US IMMEDIATELY IF YOU BELIEVE YOUR Card Account OR Card HAS BEEN LOST, STOLEN, OR ACCESSED OR USED BY ANY UNAUTHORIZED PERSON. You may ask us to lock any Card, and we may take other action we deem necessary to protect the security of your Super Pay Account or our systems. Locking a Card Account may not prevent all unauthorized transactions and will not prevent transactions that have already been initiated.

Governing Law. This Agreement and your Card Account, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to your Card Account, this Agreement or any transferred balances, are governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, by the laws of Missouri (without regard to internal principles of conflict of laws). 

Communication with You. We may contact you from time to time regarding your Card Account. We (and our affiliates, agents and contractors) may contact you in any manner we choose to the extent allowed by applicable law. For example, we may contact you:

(1) by mail, telephone, email, or text message;

(2) by using an automated dialing or similar device (“autodialer”);

(3) at your home and at your place of employment;

(4) on your mobile, wireless or cellular telephone or similar device, which may result in charges to you;

(5) at any time, including weekends and holidays;

(6) with any frequency;

(7) by leaving prerecorded and other messages on your answering machine/service and with others; and

(8) by identifying ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it.
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We may monitor or record any conversation or other communication with you. Unless the law states we cannot, we may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose. You also agree that we may contact you using phone numbers, addresses and email addresses we obtain from public and nonpublic databases we may lawfully access; provided, that we will only do so in compliance with applicable law. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and contact information for you. Some of the legal purposes for calls and messages include: suspected fraud or identity theft; obtaining information; transactions on or servicing of your Card Account; collecting on your Card Account; and providing you information about certain products, services and promotions.

Amendment or Modification. At any time and subject to applicable law, we may change or delete any term of, or add new terms to, this Agreement, including without limitation the Interest Charge, Annual Percentage Rate, Fees, Total Minimum Payment Due amount, and the Arbitration Provision. Unless prohibited by applicable law, these changed or new terms will apply to any Card Account balance outstanding on the effective date of the change and to all future balances. When required by applicable law, we will notify you in advance of any changes, deletions or additions. Our notice will tell you when and how the changes will take effect and describe any rights you have in connection with the changes.

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‍YOUR BILLING RIGHTS 

KEEP THIS NOTICE FOR FUTURE USE

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

What To Do If You Find A Mistake On Your Statement

If you think there is an error on your monthly billing statement, write to us at: 

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MRV Banks c/o Super Pay
18 Bartol Street, Unit #159
San Francisco, CA 94133

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You may also contact us on the Web at [email protected] 

In your letter, give us the following information: 

• Account information: Your name and Account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.

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You must contact us:

• Within 60 days after the error appeared on your monthly billing statement 
• At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.

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You must notify us of any potential errors in writing or electronically. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.

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‍What Will Happen After We Receive Your Letter
 When we receive your letter, we must do two things:

1. Within 30 days of receiving your notice, we must tell you that we received your notice. We will also tell you if we have already corrected the error.
2. Within 90 days of receiving your notice, we must either correct the error or explain to you why we believe the bill is correct.
   

While we investigate whether or not there has been an error: 

• We cannot try to collect the amount in question, or report you as delinquent on that amount.
• The charge in question may remain on your monthly billing statement, and we may continue to charge you interest on that amount.
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
  
  

After we finish our investigation, one of two things will happen:

• If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
• If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.

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If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.

‍If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.

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Your Rights If You Are Dissatisfied With Your Card Purchases.

If you are dissatisfied with the goods or services that you have purchased with your card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
2. You must have used your Card Account for the purchase. Purchases made with cash withdrawals from an ATM do not qualify.
3. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at:

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MRV Banks c/o Super Pay
18 Bartol Street, Unit #159
San Francisco, CA 94133

You may also contact us on the Web at [email protected] 

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While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. 

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ARBITRATION AGREEMENT 

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PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.

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Agreement to Arbitrate
‍This section is referred to as the Arbitration Agreement. If you have a dispute with the Bank or any other Indemnified Party, and are not able to resolve the dispute informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute will be resolved through the arbitration process set forth in this section. 

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Arbitration
‍You agree that if you have a dispute or claim that has arisen or may arise between you and the Bank or any other Indemnified Party, whether arising out of or relating to this Agreement (including any alleged breach), your Super Pay Account and services provided under this Agreement, any advertising, any aspect of the relationship or transactions between us, and you are not able to resolve the dispute or claim informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute or claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. Except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and the Bank are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. ‍

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Parties Subject to this Arbitration Agreement
This Arbitration Agreement applies whenever there is a claim between you and us. If a third party, such as an Indemnified Party other than the Bank, is also involved in a claim between you and us, or if a dispute arises between you and an Indemnified Party other than the Bank relating to this Agreement or your Super Pay Account, then the claim will be decided with respect to the third party in arbitration as well, in accordance with this Arbitration Agreement, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party.

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‍THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT US AT [email protected].

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Exclusions
You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing will bear all costs and expenses incurred by the other in compelling arbitration.

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Your Right to Opt Out
If you do not want this Arbitration Agreement to apply to your Super Pay Account, you may opt out by sending us written notice of your decision within 30 days of the opening of your Super Pay Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement section of this Agreement. It should include your name, address, Super Pay Account number, and your signature and must be and must be emailed to [email protected]. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you or your Super Pay Account. You agree that our business records will be final and conclusive evidence with respect to whether you canceled or opted out of this Arbitration Agreement in a timely and proper fashion.

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Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BANK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

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‍Pre-Arbitration Dispute Resolution 

The Bank and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to your satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to the Bank or Indemnified Party should be sent to 18 Bartol Street, Unit #159, San Francisco, California, 94133 (Notice Address). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you do not resolve the claim with the Bank or Indemnified Party within 60 calendar days after the Notice is received, you or the Bank or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Bank is entitled. ‍

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Arbitration Procedures 

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (AAA) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

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Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. ‍

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Costs of Arbitration 

Payment of all filing, administration, and arbitrator fees (collectively, the Arbitration Fees) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, the Bank will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Bank will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Bank will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.‍

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Confidentiality 

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. ‍

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Severability 

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Arbitration Agreement will continue to apply.

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Future Changes to this Arbitration Agreement 

Notwithstanding any provision in this Agreement to the contrary, if the Bank makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you have a Super Pay Account, you may reject any such change by sending the Bank written notice within 30 days of the change to the Notice Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the terms of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement). 

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SECURITY AGREEMENT 

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Our Security Interest in Your Deposit Account. You hereby grant to us, as of the date you enter into this Agreement, a security interest in all right, title and interest in any Deposit Account you have with us, and all funds deposited therein, now owned or hereinafter acquired (collectively, the Collateral), to secure your performance under this Agreement, including your duty to pay us for all obligations you owe us under this Agreement, present or hereinafter occurring, when payments are due, for every transaction made with your Super Pay Account (Security Interest). ‍

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Our Right to Exercise the Security Interest. You irrevocably and unconditionally relinquish possession and control over the Collateral, and you pledge and assign as security to us all of your right, title, and interest in it. You must take any action we request to perfect or protect our first lien position Security Interest in the Collateral. You waive the benefit of any homestead or other exemptions in the Collateral. The Security Interest will be governed by Uniform Commercial Code - Article 9 (as adopted by the applicable state law) whether Article 9 applies by its terms or not. We do not have to give you any prior notice to apply the funds in your Deposit Account or other Collateral or its proceeds to satisfy your obligations. You expressly agree that our rights under this Security Agreement extend to any electronically deposited federal or state benefit payments (including Social Security benefits) to the extent permitted by law. If you do not want your benefits applied in this way, you may change your direct deposit instructions at any time with the person or organization paying the benefits. In addition, you grant us a right of setoff to your Deposit Account to secure all amounts you owe us under this Agreement. This right of setoff does not apply to your Deposit Account if prohibited by law. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff or Security Interest.‍

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What Happens When You Spend Money. When you make a transaction on a Card Account, an equivalent amount of funds in your Deposit Account will be classified as Spent Funds. The Spent Funds will remain in your Deposit Account. When you make a payment on your Card Account, an amount of the Spent Funds equal to the amount of the payment will no longer be classified as Spent Funds. You authorize us to limit your ability to withdraw or transfer all or part of the funds in your Deposit Account, up to the amount of funds classified as Spent Funds, as reasonably necessary to ensure that (1) your Card Account Balance and total of other transactions on your Deposit Account do not exceed the Available Balance in your Deposit Account at any given time; and (2) to preserve our rights under this Security Agreement.‍

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YOU MAY LOSE FUNDS IN YOUR DEPOSIT ACCOUNT. If you are in default of any obligation under this Agreement, or your Super App Account is closed for any reason, you authorize us to withdraw funds from your Deposit Account and apply such amounts to the outstanding Card Account Balance and any other amounts you owe us under this Agreement without sending you notice or demand for payment. We may do this in addition to the other rights we have under law or this Agreement. The application of your funds to the Card Account Balance and any other amounts you owe under this Agreement will not affect your obligation to pay us in full. You are responsible for the repayment of all amounts you owe us under this Agreement.‍

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Legal Proceedings. You represent that (a) there are no current lawsuits or bankruptcy proceedings that might affect our interest in your Deposit Account; and (b) you have not and will not attempt to transfer any interest in your Deposit Account to any other person or offer your Deposit Account as collateral or security for any other obligation. If any person seeks to attach your Deposit Account, for example by legal garnishment, you agree that we may deem all amounts you owe us, including any unpaid Card Account Balance, immediately payable and apply the funds in your Deposit Account as payment of those amounts. If we must hire an attorney to defend or enforce our rights under the Security Agreement, you will pay our reasonable attorneys’ fees and court costs, unless prohibited by law.

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The application of Funds to your Card will not change your minimum payment amount. You are responsible for the repayment of any Obligation that is not satisfied by the application of Collateral. We may take up to 60 days to return any excess Collateral to you.

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If there is no activity with respect to your Account for a prescribed period of time (generally five (5) years), the Collateral may be presumed to have been abandoned and will escheat to and become the property of the State of Missouri or another applicable state. We will notify you if required by law prior to escheating any Collateral held under this Agreement.

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If you become a debtor in any proceeding under the United States Bankruptcy Code, you agree that you will recognize us as a perfected secured creditor with respect to the Security Account and that you will declare the Funds held as a security deposit as exempt property pursuant to the provisions of the United States Bankruptcy Code or applicable State exemption laws.

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We may amend the terms and conditions applicable to your Security Account separately from the remainder of this Agreement at any time with reasonable written notice to you if required by applicable law.

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No Warranties. We are not responsible for any claim you may have regarding the purchase of goods or services made with your Card Account beyond your rights described in this section and on your Statement. 

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Events of Default. You will be in default if: 

1. You fail to make any payment required under the terms of this Agreement when it is due;
2. Any required payment you make is rejected, not paid or cannot be processed;
3. You exceed your credit limit;
4. You file or become the subject of a bankruptcy or insolvency proceeding;
5. You are unable or unwilling to repay your obligations, including upon death or legally declared incapacity;
6. We determine that you made a false, incomplete or misleading statement to us, or you otherwise tried to defraud us;
7. You do not comply with any term of this Agreement or any other agreement with us;
8. You relocate outside the United States with a non-U.S. mailing address; or
9. We receive a garnishment, attachment or other levy upon your Deposit Account, or the Deposit Account is subject to any other legal proceeding.

If you are in default, we may take certain actions with respect to your Account. For example, depending on the default, we may take the following actions, without notifying you, unless the law says that we must give you notice:

1. (Close or suspend Card Account;
2. Reduce your credit limit;
3. Demand that you immediately pay the total balance owing on your Card Account;
4. Continue to charge you interest and fees (as set forth in the Truth in Lending Disclosures) as long as your Card Account Balance remains outstanding; and/or
5. File a lawsuit against you, or pursue another action that is not prohibited by law. If we file a lawsuit, you agree to pay our court costs, expenses and attorney fees, unless the law does not allow us to collect these amounts.

Notwithstanding the foregoing, if your Account is 180 days past due, is part of a bankruptcy or insolvency proceeding, or is otherwise charged off, the total balance on your Account is immediately due and payable.

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State Disclosures
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California Residents: A married applicant may apply for a separate Account. After credit approval, each applicant shall have the right to use the Account up to the limit of the Account.

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California and Utah Residents: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a Consumer Reporting Agency if you fail to fulfill the terms of your credit obligations. 

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Delaware Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. 

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New York and Vermont Residents: We may obtain your credit reports for any legitimate purpose associated with the account or the application or request for an account, including but not limited to reviewing, modifying, renewing and collecting on your account. On your request, we will inform you of the names and addresses of any consumer reporting agencies that have furnished the reports. New York residents may contact the New York State Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees and grace periods. New York State Department of Financial Services: 1 (800) 342-3736 or http://www.dfs.ny.gov.

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Ohio Residents: Ohio anti-discrimination laws require creditors to make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on individuals upon request. The Ohio Civil Rights Commission administers compliance with these laws.

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Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

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Washington State Residents: In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from (i) a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven, provided you have notified us of the merchant's delay in posting such credit, or (ii) our failure to post such credit to your account within three working days of our receipt of the credit from the merchant. 

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Wisconsin Residents: No provision of any marital property agreement, unilateral statement, or court order applying to marital property will adversely affect a creditor’s interests unless, prior to the time credit is granted, the creditor is furnished with a copy of the agreement, statement or court order, or has actual knowledge of the provision. If the credit card for which you are applying is granted, you will notify us if you have a spouse who needs to receive notification that credit has been extended to you.

Super Pay Cashback Terms and Conditions

PLEASE READ THESE SUPER PAY CASHBACK TERMS AND CONDITIONS (“TERMS”) CAREFULLY AND RETAIN THEM FOR YOUR RECORDS. THESE TERMS GOVERN PARTICIPATION IN THE SUPER PAY CASHBACK PROGRAM (THE “PROGRAM”) OFFERED IN CONNECTION WITH YOUR SUPER CARD ACCOUNT ISSUED BY MRV BANKS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT PARTICIPATE IN THE PROGRAM.

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1. General. Unless separately defined herein, terms in these Terms shall have the same meaning as defined in your Super Card Agreement. The Program is void where and to the extent prohibited by law. The Agreement will continue to govern use of the Account; provided these Terms will govern in any matter relating to the Program. The Account will be automatically enrolled in the Program when a Credit Card is activated or the Account is used. By activating a Credit Card or using the Account, you acknowledge and agree to be bound by these Terms. All users who have either signed up for or activated their Super Card before June 28, 2023, are subject to the cashback percentages offered at that time.

2. How to Earn Super Pay Cashback. “Super Pay Cashback” are earned when purchases are made with your Account number or Charge Card anywhere Mastercard credit cards are accepted in accordance with the following:

a. The Account will earn 10% cashback for every dollar you or any Authorized User (as defined in your Super Card Agreement) spends on hotel booking purchases on Super Travel. Such purchases must be made with your Super Pay Account in the Super Travel website or in the Super Travel portion of the Super App, and Super Travel must be the Merchant of Record;

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b. The Account will earn 5% cashback for every dollar you or any Authorized User spends on Super Shop purchases. Such purchases must be made with your Super Pay Account in the Super Shop website or in the Super Shop portion of the Super App; and 

c. The Account will earn 1% cashback for every dollar you or any Authorized User spends on all other credit purchases.

Super Pay Cashback will be earned in accordance with the applicable merchant’s categorization of purchases. Please note that merchants self-select the category in which purchases will be identified, and some merchants may be owned by other companies. Therefore, purchase transactions may not be categorized in the manner you expect. We are not responsible for any merchant’s categorization of a purchase.

PLEASE NOTE: Super Pay Cashback is rounded up to the nearest penny when the Cashback amount has a fractional cent at or above five/tenths ($_.005) and down to the nearest penny when below this amount. By way of example, if the Cashback calculated for a purchase was $3.2549, the Cashback earned would be $3.25. However, if the Cashback calculated for a purchase was $3.2550, the Cashback earned would be $3.26.

Super Shop and Super Travel are both Snapcommerce Holdings, Inc. products and MRV Banks is not a provider of either.

3. Purchase Limitations and Adjustments. A “purchase” is a charge for goods or services. The following transactions are not considered purchases for purposes of the Program and will not earn Super Pay Cashback: balance transfers, cash advances, cash-like items, fees, finance charges, unauthorized or fraudulent transactions, certain other charges, and fees of any kind. We reserve the right to determine whether a particular transaction is a qualifying transaction for purposes of what constitutes a purchase for the Program. If a refund or credit to the Account is initiated in connection with any purchase on which Super Pay Cashback were earned, your Super Pay Cashback balance will be reduced by the number of Super Pay Cashback previously earned in connection with such returned or refunded purchase. 

Purchases that are conducted through online or third-party payment accounts, mobile or wireless card readers, virtual wallets or similar technology may not be eligible for cashback if the technology does not provide sufficient transaction details for cashback qualification. 

It is possible that a Cardholder will make a purchase at a merchant for goods or services that appears to satisfy the Everyday Purchase 1% cashback reward but fail to be awarded the cashback reward if the merchant does not have an appropriately assigned Mastercard card acceptor business code (also known as an MCC).

Each purchase made on a Super Pay Account is eligible for only a single cashback. Super Pay cashback types cannot be combined together.

4. Special Offer for New Accounts.

We may offer promotional cashback for new accounts simultaneously. Individual offers cannot be combined with any other offer or promotion of the Super Pay Cashback Program. You will be eligible for only one offer per Account during the offer period. Some restrictions will apply. The terms for a promotional offer will vary by promotional campaign and can be changed or discontinued at any time without notice. To determine whether a promotion is currently in effect and its terms, you may speak with customer service at 1 (877) 376-2710. MRV Banks is not associated with any special cashback offers.

5. Frequently Asked Questions (FAQs).

a.    How and When Will I Receive My Cashback? Cashback will be deposited into the Cardholder’s virtual wallet daily. Cashback will be applied to the cardholder’s deposit account only after the purchase has fully posted to the cardholder’s Super Pay credit account. If a purchase remains pending and does not post until after the end of the cardholder’s current remittance period, the cardholder’s cashback will be deposited into their deposit account at the end of the remittance period following the purchase’s full posting to their Super Pay credit account.

b.    What Happens To My Cashback If I Return A Purchase? In the event a purchase is returned, canceled or voided prior to the cashback being deposited into the Cardholder’s virtual wallet, the cashback attributed to the returned, canceled or voided purchase will be voided and not deposited into the Cardholder’s virtual wallet. In the event a purchase is returned, canceled or voided after the cashback have been deposited into the Cardholder’s virtual cashback wallet, the cashback attributed to the returned, canceled or voided purchase will negate an equal amount of cashback to be awarded to the cardholder at the end of the current remittance period.

c.    What Happens To My Cashback If I Return A Purchase and Stop Using My Super Pay Secured Charge Card Account? In the event a purchase is returned, canceled or voided after the cashback have been deposited into the cardholder’s virtual cashback wallet and the cardholder stops using their account and thus stops accruing cashback, Super Card will recover the cashback by the following methods: Super Card will first attempt to debit the amount from the cardholder’s virtual cashback wallet (assuming there is an adequate amount within the cashback wallet), or If the first option fails and there is an insufficient balance in the Cardholder’s virtual cashback wallet, Super Card will debit the previously awarded cashback associated with the returned, canceled or voided purchase from the Cardholder’s Super Card Deposit Account balance.

d.    How Do I Use My Cashback? The Cardholder must transfer their cashback from their virtual cashback wallet to their main wallet in order for the cashback to be available for purchases. Cardholder’s cannot transfer an amount from their cashback wallet that exceeds the balance within the cashback wallet. Requesting to transfer a cashback amount that exceeds the available balance in the cashback wallet will result in: An error; the transaction being voided, and require the cardholder To Request A New Transfer. Super Card will not allow negative balances to be carried in the cashback wallet. There is no cap or expiration on cashback. The Cardholder may use the cashback for: (i) Purchases; (ii) Cash Withdrawals; or (iii) Balance Payments.

e.    Will my account automatically receive the 10% cashback for travel-related purchases? No, you will need to conduct a hotel booking with your Super Card within Super Travel to receive the 10% cashback. A purchase made on the Hilton.com website for a hotel will earn 1% cashback, however booking the Hilton hotel through Super Travel will earn 10% cashback.

f.    Will I receive cashback for charitable donations, gift card purchases and deposits into crypto wallets? No.  These transactions are for Everyday Purchase 1% cashback.

g.    If I report fraud on my account or that my card as lost/stolen, will I be able to keep the cashback that are attributed to the fraudulent activity? No, as part of our commitment to ensuring the security of your secured card account, we will not hold you liable for any fraudulent purchases made on your account without your permission and therefore will void any cashback attributed to fraudulent activity. Cashback attributed to legitimate purchase activity will not be impacted as a result of fraud on the account.

h.    Can I still access my cashback if my card account is delinquent? No, you will not be able to access your virtual cashback wallet and its cashback if your account possesses a delinquent status. You will be regranted access to your virtual cashback wallet once your card account’s delinquency is remedied and no longer considered delinquent. 

6. Other Limitations. We reserve the right to interpret the Program rules and policies, including these Terms, in our sole discretion and will be the final authority on the Program. These Terms, including the percentages of cashback and terms applicable to cashback are subject to change at any time for any reason, at the sole discretion of us. It is your responsibility to check these additional terms from time to time to understand the cashback applicable to your use of your Super Card Account. Unless or until the Super Pay Cashback are redeemed in accordance with these Terms, you have no right, title, or interest in the earned Super Pay Cashback.

7. Termination; Notice of Changes. We may modify, restrict, cancel, suspend, or terminate the Program at any time without compensation or prior notice to you, except as required by law. In the event the Program, your participation in the Program, or the Account is terminated or canceled by us, earned, but not redeemed Super Pay Cashback will be forfeited, except as required by law. All material changes to the Program will be reflected in these Terms and will be effective immediately upon posting of the revised Terms to our website. You waive any right to receive specific notice of such changes, subject to applicable law.

8. Disclaimer of Warranties and Limitation of Liability. The Program is provided without representation or warranty of any kind, either express or implied, to the extent permitted by applicable law. Neither we, Card Services, nor any other service provider will be liable for any damages whatsoever, including, without limitation, direct, indirect, special, consequential, incidental, punitive damages or any other losses or expenses arising in connection with participation in the Program. You agree to release, discharge and hold harmless us, Card Services, and any other service providers from any and all claims of any sort, type, kind or nature that you may have arising out of or in any way relating to your participation in the Program or with respect to any Super Pay Cashback, including (but not limited to) claims for or due to personal injury, property damage, accident, sickness, delay, cancellation, postponement, inconvenience, penalty, fines, fees, refunds or other irregularities that may occur, are related to, or that may be caused by or arise out of participation in the Program. Notwithstanding the foregoing, we will be responsible for any damages resulting from our own gross negligence in performing our obligations under these Terms.

9. Communications with You. We, Card Services, and any other service providers may contact you regarding any matter related to the Program by mail, telephone or electronic communications using any email address, telephone number, or physical address provided in connection with the Account. You agree to update your contact information immediately following any change in such information by submitting your information online or by calling 1 (877) 376-2710.

10. Program Website. Despite our best efforts to ensure accuracy, errors on our website regarding the Program may occasionally occur. We reserve the right to correct such errors at any time, even if it affects your Super Pay Cashback balance. Neither we nor our service providers are responsible for any delay or difficulty accessing the Program through our website due to scheduled maintenance or circumstances beyond our control.

11. Special Promotional Offer. We may offer promotional rewards for new accounts simultaneously. Individual offers cannot be combined with any other offer or promotion of the Super Pay Cashback Program. You will be eligible for only one offer per Account during the offer period. Some restrictions may apply. The terms for a promotional offer will vary by promotional campaign and can be changed or discontinued at any time without notice. To determine whether a promotion is currently in effect and its terms, you may speak with Card Services by contacting customer service at 1 (877) 376-2710.

12. Contact. If you have any questions regarding the Program, you may contact us at [email protected], by phone at 1 (877) 376-2710, or by writing to Card Services at 18 Bartol Street, Unit #159, San Francisco, CA 94133.

Super Pay Electronic Funds Transfer Authorization 

This Super Pay Electronic Funds Transfer Authorization (“Authorization”) is made between you (“you” “your”) and MRV Banks (“we”, “us”, “our”) and sets forth the terms and conditions of your use of the Super Pay payment service, which enables you to automatically make your monthly payments on your Super Pay Account (consisting of your “Super Card(s)” and “Super Pay Deposit Account(s)”).

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BY TAPPING THE “SUBMIT” BUTTON, YOU ARE ELECTRONICALLY SIGNING AND AGREEING TO AUTHORIZE US OR OUR SERVICE PROVIDER (INCLUDING SNAPMONEY, INC. (DBA SUPERCASH)  (“SUPER PAY”) TO ELECTRONICALLY DEBIT YOUR SUPER PAY DEPOSIT ACCOUNT ON A RECURRING BASIS TO PROCESS YOUR PAYMENTS FOR THE AMOUNTS DUE ON YOUR SUPERCARD ON EACH PAYMENT DUE DATE. YOU ACKNOWLEDGE THAT YOU HAVE READ, PRINTED/SAVED, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS AUTHORIZATION. WE WILL PROVIDE YOU A COPY OF THIS AUTHORIZATION IN THE SUPER APP.  IF YOU DO NOT WISH TO MAKE RECURRING PAYMENTS, YOU SHOULD NOT TAP “SUBMIT” IN THE APP.

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Authorization to Electronically Debit Your Bank Account or Card 

You authorize us to electronically debit your Super Pay Deposit Account in U.S. Dollars on or after the 1st day after the Statement Closing Date indicated on your most recent Periodic Statement or on any alternative dates to which you and we agree (the "Payment Date").  The amounts of such debits will be the amounts specified on your Periodic Statement as the "New Balance," which you must pay in full (or will be any alternative payment amounts to which you and we may agree). 

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You authorize the electronic debits to begin for the next Periodic Statement from the date of you agreed to this Authorization. Instead of or in addition to any debits described above, you authorize us to electronically debit your Account for any amount and on any date that you subsequently direct by phone, email or other method we make available. We will not debit more than the Statement Balance (or “New Balance”). However, the amount we debit may be less than the Statement Balance because payments, returned purchases, and other credits can reduce the autopay amount if they post to the account between the Statement Closing Date and the date your payment is processed.  If you have linked more than one account, you authorize Super to electronically debit any of your linked accounts with sufficient funds available for repayment.

Authorization to Correct Payment and Typographical Errors 

In the event that we make an error in processing an electronic debit, you authorize us to correct the error by initiating an electronic credit or debit to the Account in the amount of such error on or after the date such error occurs.  If you make a typographical or similar error in providing us with information about your Account, you authorize us to correct the error upon receiving corrected information from you or your financial institution. 

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Reinitiating Rejected Payments. In the event that the electronic debit is rejected, you authorize us to reinitiate it up to two times or any greater number of times permitted by network rules. However, you agree that we are under no obligation to reinitiate any rejected debits. You understand that your financial institution may impose fees in connection with rejected debits, and you agree that we do not have any liability to you for such fees. If you know that an electronic debit will be rejected by your financial institution (e.g., because there is not enough money in your Account), you should contact us so that alternate arrangements can be made.

Termination by You or Us  

You understand that you may terminate this Authorization by contacting Super Pay directly at (877) 376-2710 in such time as to afford us a reasonable opportunity to act on your request. In any event, we will typically comply with a termination request received at least two (2) business days before the scheduled payment date on which the termination is to be effective. We may terminate your enrollment in recurring electronic debits at any time for any reason, including excessive returned payments. If you cancel this Authorization or if we terminate electronic debits to your Account, you understand that you will be responsible for making your payments by another payment method. Terminating this Authorization does not affect your duty to repay your underlying obligation.

Miscellaneous 

You promise that you are the authorized signer on the Account.  You understand that this Authorization is subject to applicable law and network rules. 

This Consent to Electronic Communications (the "Consent") contains important information about your legal rights—please read it thoroughly and print or save a copy.  As used in this Consent, "Account" means all accounts, products or services you have with or through us. The words "we," "us" and "our" refer to MRV Banks, (including Snapcommerce) and their affiliates, service providers, successors and assigns, and the words "you" and "your" mean each holder of an Account. This disclosure covers all of your Accounts. 

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1. Legally Required Communications and Disclosures 

We must provide you with certain communications and disclosures in writing (i.e., you have a right to receive such communications on paper) pursuant to applicable laws and regulations.  This information may be provided to you electronically if you agree to this Consent.  Because all of our Accounts are provided online and use electronic means to deliver information, you must agree to this Consent to obtain and use an Account.  

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2. Required Consent; Categories of Communications 

By agreeing to this Consent, you agree that we may provide electronic delivery—which includes delivery to the website on which you access your Account, delivery to the mobile app on which you access your Account, delivery by email, or delivery by other electronic means—of agreements; disclosures; notices and other information and communications regarding your Accounts, the use of our websites, the use of our mobile apps, our relationship with you, and such other products, services or programs that may be made available to you (collectively, the "Communications").  Communications include, but are not limited, to the following: 

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• This Consent and any updates thereto; 
• Disclosures, agreements, notices and other information related to the opening or initiation of an Account, including but not limited to, account agreements, fee schedules or other disclosures or notices that may be required by the Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, the Telephone Consumer Protection Act or other applicable federal or state laws and regulations; 
• Periodic, annual, monthly or other statements, disclosures and notices relating to the maintenance or operation of an Account including but not limited to account information, account activity, account inactivity, payments made or due, or other statements, disclosures or notices that may be required by the Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act or other applicable federal or state laws and regulations; 
• Any notice or disclosure regarding an Account, including but not limited to any notice or disclosure regarding a late fee, an overdraft fee, a fee for a draft, check or electronic debit returned for any reason such as insufficient funds fee or a fee as a result of a stop payment order; 
• Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to Accounts; 
• Our Privacy Policy, Privacy Notice and other privacy statements or notices; 
• Certain tax statements or notices, such as the annual IRS interest statements; and 
• Certain information or forms that we request from you and ask you to submit electronically. 

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3. How to Withdraw Consent; Effect of Withdrawal 

Your consent remains in effect until you give us notice that you are withdrawing it. You may withdraw this Consent at any time by contacting us at [email protected].  If you withdraw this Consent: (i) we will immediately suspend or terminate any Accounts you have with us; (ii) you will remain responsible for any amounts that you owe us or may come due under any such Accounts; and (iii) any other obligations you have under any agreements governing such Accounts will remain in full force and effect.  Withdrawal will not affect any Communications we provided to you prior to your withdrawal, and we will send any required further Communications to you in paper form. We will not impose any fee in connection with any withdrawal of this Consent or any Communication provided in paper form.  Any withdrawal of this Consent will be effective only after we have a reasonable period of time to process your withdrawal request. 

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4. Retention of Electronic Communications 

You should print or make a copy of any Communications you receive by either using the "Print" button to print a copy or by saving a copy by downloading it to your computer. 

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5. Obtaining Paper Copies of Communications 

Upon request, we will provide you with a paper copy of any Communication that we have provided to you electronically.  If you would like a paper copy of any Communication, please make the request to [email protected]. There will be no charge for a paper copy of any Communication we have sent to you electronically. 

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6. Hardware and Software Requirements 

To electronically receive and view and/or electronically save or print the Communications, you must have:

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• a personal device with Internet access; 
• a widely-used, recent-generation web browser (for example, Internet Explorer, Safari or Firefox); 
• a widely-used, recent-generation portable document file reader (for example, Adobe Reader); 
• an email address; and  
• and either a printer, hard drive or other storage device.  

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You represent that you have the hardware, software, email address and email capacities described above, and your ability to read this Consent demonstrates that you have the necessary hardware and software to receive Communications electronically. You must also have an active email address. You are responsible for the installation, maintenance, and operation of your mobile device, computer, browser and the software. We are not responsible for any errors or failures from any malfunction of your mobile device, computer, the browser or the software. We are not responsible for any computer virus or related problems that may be associated with the use of this electronic delivery. If these requirements change and that change creates a material risk you will not be able to access electronic Communications from us, we will provide you with notice of the change.

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7. Updating Your Records 

You must immediately notify us of any change to your email address, contact information and other information related to this Consent and your Account(s). You can update this information through your profile section in the app. You represent and agree that you have provided us with a current e-mail address at which we may send electronic Communications to you. You may also contact us at [email protected].

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8. Federal Law 

You acknowledge and agree this Consent to receive electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the "E-SIGN Act"), and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. 

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9. Reservation of Rights 

This Consent does not apply to any Communication that we determine, in our sole discretion, that we are required to deliver in paper form under applicable law or that you should receive in paper rather than electronic form.  We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law. 

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10. Consent 

By tapping “NEXT” and continuing with the application process, you understand and hereby give your affirmative consent to provide electronic Communications to you as described above and you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account and the ability to access and view PDF files. 

Last Updated: August 15, 2023

IMPORTANT - PLEASE READ THESE TERMS

Welcome to the terms and conditions ("Terms") for the Super+ Membership (“Super+ Membership”). These Terms are between you and Snapcommerce Holdings, Inc. DBA Super and/or its subsidiaries and affiliates ("Super") and govern our respective rights and obligations. Please note that your use of the Super.com website and Super+ Membership are also governed by all the agreements listed under the Super, Super Travel, Super Shop, and Super Pay (“Super Pay”) headings, as well as all other applicable terms, conditions, limitations, and requirements on the Super.com website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a Super+ Membership, you accept these Terms, conditions, limitations and requirements.

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THE TERMS OF USE CONTAIN A CLASS ACTION WAIVER AS WELL AS AN ARBITRATION PROVISION, WHICH REQUIRES YOU TO ARBITRATE ANY CLAIMS (WITH CERTAIN EXCEPTIONS) YOU MAY HAVE AGAINST SUPER ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY IN ANY FORUM, AS DESCRIBED IN THE TERMS OF USE. YOU, HOWEVER, HAVE THE RIGHT TO OPT OUT OF ARBITRATION AND/OR THE CLASS ACTION WAIVER, AS EXPLAINED IN THE TERMS OF USE.

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We may modify these Service Terms for any reason and at any time by posting a new version. Modifications to the Service Terms do not affect any rights or obligations that arose prior to the modifications, but your continued use of the Super+ Membership following the posting of modified Service Terms will be subject to the Service Terms in effect at the time of your use. Please review these Service Terms periodically for changes. If you object to any provision of these Service Terms or any subsequent modifications to these Service Terms your only recourse is to immediately terminate use of the Super+ Membership.

Membership Cancellation

You may cancel your Super+ Membership any time by (1) calling our Customer Support team at 1 (844) 461-2577 or (2) by visiting “My Account”, and selecting “Cancel my membership” which will provide the above Customer Support team number for cancellation. If you would like to cancel your Super+ Membership, in order to not be charged on your upcoming billing date as indicated in your “My Account” page on the Super App, you must notify Super at least three (3) business days before the applicable billing date. If we do not receive notice at least three (3) business days before the scheduled billing date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so, and the cancellation will apply for the following billing cycle. All payments are non-refundable and non-transferable, and will not be refunded on a pro-rata basis for any cancellation.

In the event of the termination of a Super+ Membership, including free trials or promotional memberships, all associated benefits shall terminate immediately. However, any earned Super+ credits ("Super+ Credits") shall be retained.

Membership Fees, Payment, and Renewal

Fees

Your Super+ Membership fee is stated in the “My Account” section of the Super App. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Super+ Membership fee is non-refundable except as expressly set forth in these Terms. 

Renewal

UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SUPER+ MEMBERSHIP WILL AUTOMATICALLY RENEW FOR THE AGREED UPON MONTHLY OR ANNUAL TERM, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL TO YOUR LINKED PAYMENT METHOD. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR NOT AUTO RENEW BASED ON THE PROCESS IN THE MEMBERSHIP CANCELLATION SECTION, YOU UNDERSTAND YOUR SUPER+ MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

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Payment

Your Super+ Membership fee will be automatically charged to your linked payment method in USD currency. If all eligible payment methods we have on file for you are declined for payment for your Super+ Membership fee, Super will automatically retry your selected payment method periodically over the course of your billing cycle to help you get back to enjoying the benefits of your membership, and/or may attempt to charge another payment method that we have on file. If all eligible payment methods we have on file for you continue to be declined, you must provide us a new eligible payment method promptly or your membership will be canceled. Super and/or its parent, subsidiaries and/or affiliates are not responsible for any fees charged by the cardholder's bank including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees, cross border fees, and other penalties levied by the cardholder's bank. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.

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Billing Cycle

When you purchase your Super+ Membership, you'll be charged the membership fee for your first billing cycle on the date of purchase, which activates the monthly or annual renewable Super+ Membership. Unless you cancel, you'll be charged based on the billing date and billing cycle indicated on your “My Account” page when logged into super.com or in the Super App. In certain circumstances, your billing date may change; for instance, if we are unable to successfully charge your card for the Super+ Membership fee on a given day (e.g., a Federal holiday or technical failures). Super may change the monthly or annual fee charged for membership at any time, but any such fee change will not apply to current Super+ members until such time as their current memberships expire and their memberships are renewed for another term. Where the fee has increased, Super will notify you prior to the renewal of your membership of the relevant fee increase. 

Membership  Credit

Credit

You will earn Super+ Credits to a percentage of every dollar you or any Authorized User (as defined in your Super Card Agreement) spends on hotel booking purchases on Super Travel where Super is the MOR.

Super Travel must be the Merchant of Record (“MOR”) for Super+ Credits to be applied toward the hotel booking. Super+ Credits shall be accrued and duly recorded in your Super+ Membership account on the later of the following dates: (1) thirty (30) days from the date of hotel purchase or (2) the date of hotel check-in (“Earned Date”). Subject to our discretion, Super+ Credits may be granted at an earlier date in cases of promotional or limited offers.

PLEASE NOTE: Super+ Credits are rounded up to the nearest penny when the credits amount has a fractional cent at or above five/tenths ($_.005) and down to the nearest penny when below this amount. For example, if the Super+ Credits calculated for a purchase was $3.2549, the Super+ Credits earned would be $3.25. However, if the Super+ Credits calculated for a purchase was $3.2550, the Super+ Credits earned would be $3.26.

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If you cancel a reservation made using Super+ Credits within the hotel supplier’s cancellation window, we will return the Super+ Credits to your account within 24 hours of your cancellation. If you cancel a reservation made using Super+ Credits outside of the hotel supplier’s cancellation window, the Super+ Credits will not be returned to your account. 

Super+ Credits generally expire 12 months after the Earned Date. However, some promotional or other credits may have varying expiration dates. Notwithstanding anything to the contrary in these Service Terms, the expiration date of Super+ Credits stated at the time they are offered or earned will control. In order to use them, you must redeem Super+ Credits within 12 months or the stated time period. If you do not redeem your Super+ Credits during their applicable period, your Super+ Credits will expire and will not be reissued.

Other Terms & Limitations

• Super+ Credits cannot be used as a form of payment for your Super+ Membership.
• Super+ Credits have no cash value, and cannot be redeemed for cash, other reward programs, or credits in another currency.  
• Super+ Credits may be earned and redeemed in any currency of payment.  
• Only USD Super+ Credits can be used as a Unified Credit (as defined in the Super Pay Service Terms).
• Super+ Credits are non-transferable.
• If you apply for the Super Card and do not pass the identification and verification check, you will maintain access to your Super+ Membership and benefits; however, instead of cashback you will receive Super+ Credits. In this instance, users can receive up to $100 USD of equivalent Super+ Credits per month and up to $500 USD of Super+ Credits per year. (“Super+ Credit Limitations”).
• If you chose not to apply for the Super Card, Super+ Credit Limitations apply.
• No Super+ Credits will be earned for the payment of the Super+ Membership fee.
  

Super Card

Super Pay Account Creation & Use 

One of the financial products/services offered via our Site or the Super App is the Super Card (“Super Card”) connected to the Super Pay Account (“Super Pay Account”). Super Pay Accounts are offered by our bank partner, MRV Banks, or its successor (“Bank Partner”) and are governed by and described in more detail in the following additional terms: Deposit Account Agreement and the Super Pay Secured Charge Card Agreement. You understand that the Bank Partner has sole discretion to approve or deny your application for a Super Pay Account for any reason, subject to applicable law.

Access to the Super Card is subject to (1) Super Pay Account creation and (2) passing the Super Pay identification and verification check. If you do not pass the identification and verification check, you will maintain access to your Super+ Membership and benefits; however, you will not have use of the Super Card. If you pass the identification and verification check, you are immediately subject to the Super Pay Service Terms and all other terms, conditions, and agreements  incorporated therein. 

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Cashback

If you have access to the Super Card, you will receive applicable cashback subject to the Super Pay Cashback Program Disclosure, except any limitations described below. Cashback percentages are subject to variation, and the percentages offered at the time of subscription purchase shall be the percentage awarded to you. Upon activation of the Super Card, the cashback benefit is contingent upon the use of the Super Card for purchases. In the event of any conflict between the Super Pay Cashback Program Disclosure and information provided in the Cashback section therein, this section will control. 

When applying for the Super Card, if you do not pass the identification and verification check, you will maintain access to your Super+ Membership and benefits; however, instead of cashback you will receive Super+ Credits, subject to the above terms and conditions under Membership Credit.

Other Terms & Limitations

• No cashback will be earned for the payment of the Super+ Membership fee. 
• In the case of Super Pay users who make purchases in a currency other than USD, cashback shall be disbursed in the form of USD.
• Users can receive up to $100 USD per month and up to $500 USD per year in cashback (“Cashback Limitations”).
• If your Super+ subscription is past due, you will not earn travel cashback on any purchases until your account has been settled.

Promotions and Trial Periods

From time to time, Super offers some users trial or other promotional offers towards a Super+ Membership. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Only one trial or promotional membership is available per household and may not be combined with any other promotion. YOU AGREE THAT AT THE END OF YOUR APPLICABLE FREE TRIAL OR PROMOTIONAL MEMBERSHIP PERIOD, YOUR SUPER+ MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED THE MEMBERSHIP FEE STATED IN YOUR OFFER AT THE BEGINNING OF EACH BILLING CYCLE UNTIL YOU CANCEL YOUR SUPER+ MEMBERSHIP. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE TRIAL OR PROMOTIONAL MEMBERSHIP BEFORE THE END OF THE TRIAL OR PROMOTIONAL SUBSCRIPTION IN ACCORDANCE WITH THE MEMBERSHIP CANCELLATION PROCEDURE DESCRIBED ABOVE.

If you cancel your Super+ Membership before the free trial or promotional membership period has expired, Super will not charge you for the subsequent Super+ Membership term. If you have a free trial or a promotional membership and you cancel your Super+ Membership, your access to your membership benefits will end upon cancellation. 

Supplemental Services - Other Terms May Apply

We offer access to certain products and services through the Super+ Membership, including, but not limited to, gas savings and cellular phone protection (“Services”). Services accessed through the Super+ Membership may be offered by us or by, or in conjunction with, third-party partners. Access to these Services may be subject to additional terms and conditions or other agreements specific to these Services (“Additional Terms”). These Super+ Membership Terms hereby incorporate any Additional Terms to which you may agree by reference. If there is a conflict between these Super+ Membership Terms and the Additional Terms, such other Additional Terms will take precedence with respect to the specific aspects of the Service to which it applies.

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us, are incorporated into these Super+ Membership Terms by reference and also govern your use of the Super App and its incorporation of the Super+ Membership. By using or accessing any part of the Super+ Membership and/or our Services, you agree to our Privacy Policy.

Other Limitations

• We reserve the right to accept or refuse membership at our discretion.
• We may send you marketing and transactional email and other communications related to your Super+ Membership.
• You may not transfer or assign your Super+ Membership or any Super+ Membership benefits, including promotion codes for Super+ Memberships or benefits, except as allowed in these terms.
• Some Super+ Membership benefits may require certain purchase thresholds, have quantity limitations, or require members to meet specified criteria in order to access them.
• From time to time, Super may choose in its sole discretion to add or remove Super+ Membership benefits.
• Super does not guarantee that all of our benefits or Services will always be offered to you, that they will be available to you, or that you will qualify or be able to utilize any particular benefit or Service. Benefits and Services may change from time to time and certain benefits or Services may be discontinued or others may be added.

Agreement Changes

We may in our discretion change these Terms, Super’s Terms of Use and Privacy Notice, or any aspect of the Super+ Membership, without notice to you. If any change to these Terms are found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Termination by Us

We may terminate your Super+ Membership at our discretion without notice. If we do so, all associated benefits shall terminate immediately. However, any accrued earned Super+ Credits shall be retained. However, termination will be effective immediately and Super+ Credits earned will not be accessible, if termination is related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Super+ Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN SUPER’S TERMS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SUPER+ MEMBERSHIP.

Disputes

Any dispute or claim relating in any way to these Terms will be governed by the Applicable Law and Arbitration Agreement outlined in Super’s Terms of Use.

Customer Support

If you need assistance with your Super+ Membership, please visit your Super App, super.com or call our Customer Support team at 1 (844) 461-2577. In the event of any conflict between the Service Terms and information provided by Customer Support the Service Terms will control.