This Terms of Service Agreement (“Agreement”) governs your access and use of the Branch website located at www.branchapp.com (the “Website”) and the Branch mobile application (“Branch app”), operated by Branch Messenger, Inc., a Delaware corporation ("Branch", the “Company”, "our", "us", or "we"), as well as the products and services offered and made available through the Branch app (the “Services”).
By accessing, browsing, and using the Website, Branch app and the Services, you agree that you have read, understood, and accept this Agreement. Please read it very carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Website, Branch app or the Services. In addition, you may only use this Website, the Branch app and the Services for their intended purpose and solely in accordance with this Agreement. Branch is not responsible for links to other websites or third-party resources that may be contained on the Website or the Branch app, or the availability of these outside resources or their content. This Agreement will remain applicable even if you are presented with and agree to other terms from third parties on the Website, Branch app or in connection with the Services.
Branch offers various products and services (hereafter, the “Services”) through its Workforce Payments Platform and the Branch app:
2.1 Advance Services. Branch offers qualified users access to earned, but unpaid wages, prior to the next scheduled payday through its Earned Wage Access product (“EWA” or “Instant Pay” as labeled in the Branch app and on the Website.) EWA services are typically offered to users through the user’s employer and its relationship with Branch, however, some users may be eligible in a limited capacity, regardless of Branch’s relationship with their employer (see Section 19). EWAs are made without charge, however, you may choose to expedite disbursement of your EWA by paying an expedited delivery fee. See Section 3 below for additional details.
2.2 Banking Services. Branch users, including but not limited to employees and 1099 contractors, may also open a Branch account or Branch Business account (combined, referred to as “Branch Digital Wallet”) and Branch debit card (“Branch Card”) or Branch business debit card (“Branch Business Card”) through the Branch app. The Branch Digital Wallet is made available by Evolve Bank & Trust, member FDIC (“Evolve” or “Evolve Bank”). You can view additional terms provided by Evolve for banking services at www.branchapp.com/terms. Banking services also include Branch Rewards as a feature of the Branch Digital Wallet. See Section 4 for more information.
2.3 Budgeting Services. As part of Branch’s commitment to financial wellness, the Branch app offers tools to help you manage your budget and spending, so you can avoid costly overdraft fees through CashFlow. See Section 5 for more details on CashFlow.
2.4 Cashout Services. Branch may offer 1099 workers and independent contractors the option to assign invoices to Branch for services completed through a “Cashout” option accessible through the Branch app. Cashout is available with a service charge. See Section 6 for additional information about Cashout.
3.1 Advances through Branch’s relationship with your employer. You may be eligible for an EWA through Branch’s relationship with your employer. This service will enable you to obtain access to earned wages prior to your next regularly scheduled payday. Advances are made without charge, however, you may choose to expedite disbursement of your EWA by paying an expedited delivery fee.
3.2 How to Qualify. You may be eligible to receive an EWA through your employer or other entity that is obligated to make a payment to you in exchange for your labor or services (each an “Employer.”) To qualify for an EWA through your Employer, the following initial criteria must be met: (1) your Employer must have contracted with Branch to offer EWA; (2) your Employer must be integrated with Branch so that Branch may request information from your Employer necessary to complete your request for an EWA, including time and attendance verification, hourly rate, tenure at employer, other jobs held and bank account information, if applicable; (3) you must have earned income from your Employer during the requested pay period; (4) you must have a Branch Digital Wallet, (5) your request for an EWA must comply with the additional rules set forth in Section 3.3, and (6) the EWA must be permissible under applicable law.
3.3. Additional Rules. Branch has various rules built into the EWA process to evaluate the associated risk to you of receiving an EWA using factors such as annual income, tenure at company, hours worked in pay period, frequency of request for advances, and percentage of advance used as compared to total advance available in the pay period. These rules also evaluate the risk to the Employer, using various factors such as Employer’s financial condition, revenue, debt, and market capitalization, worker’s state of residency, number of workers, and Employer experience in withholding wages. The EWA evaluation process also has a rules engine for Employer compliance with state regulation for payroll advances and deductions such as whether the state law allows the Services, the amount permitted to be advanced and deducted under the state law, and number of deductions allowed. Once the rules engine determines eligibility, you are able to request an EWA and provide consent for the payroll deduction.
3.4. Amount of EWA and Expedited Delivery Fees. You may request an EWA through your Employer of up to 50% (or less, if your employer has placed limits on EWA) of your earned income for the pay period by completing an employee advance agreement consent form on the Branch app. If you are eligible for an EWA at that time, the advance will be deposited into your Branch Digital Wallet instantly, or to an external bank account with 3-days standard delivery at no cost to you. If you want your EWA funds sent instantly to an external bank account, the following expedited delivery fees shall apply: $2.99 for EWAs under $25; $3.99 for EWAs between $26-$74; or $4.99 for EWAs over $75. These fees may be modified from time to time or your employer may have negotiated a different fee structure. Please refer to the disclosures provided to you, when you request an EWA on the Branch app.
3.5. Repayment. On the date of your next regularly scheduled paycheck, the amount of the EWA plus any expedited delivery fee associated with the transaction will be deducted from your paycheck by your Employer in accordance with federal and state regulations. You will receive your pay minus the amount of the EWA and any associated expedited delivery fee. Your Employer will remit the amount deducted from your pay to Branch to repay your EWA. If the payroll deduction is not able to be made due to system errors in the advance availability and/or the repayment process, Branch will resubmit the amount for payroll deduction in future pay periods. If the payroll deduction is not able to be made due to employee termination, Branch may pull the amount of the EWA and any associated expedited delivery fee from the debit card on file for you or an ACH transfer from your bank account.
3.6 Additional Advance Services Terms. If we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Agreement related to your use of the Services, we may take appropriate steps to stop or prevent such activity and to recover the amount of any associated EWA. Otherwise, Branch will not take action against you to collect an EWA that is not repaid in accordance with the terms of this Agreement. Branch will not i) engage in debt collection activities related to an EWA that is not repaid, ii) report non-payment to a consumer reporting agency, or iii) place the repayment as a debt with or sell it to a third party. Branch reserves the right to limit the total number of EWAs that you can access at any given time or for a period of time. Branch also may deny access to EWAs if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Services.
4.1 Branch Digital Wallet. When you open a Branch Digital Wallet and are issued a Branch Card or Branch Business Card, you are able to view all account details on your Branch app. While this Agreement applies to the Banking Services, you are also covered by the Evolve Bank terms (available at www.branchapp.com/terms.)
With a Branch Digital Wallet, you are able to:
To qualify for a Branch Digital Wallet and Branch Card, you must pass the customer verification process, as outlined in Evolve Bank’s terms.
4.2 Branch Rewards. The Branch Rewards Program (“Branch Rewards” or “Rewards Program”) is a feature of the Branch Digital Wallet which offers you the ability to receive rebates or discounts for the purchase of goods and services from Merchants (“Rewards”), made using your Branch Card or Branch Business Card (hereafter referred to as “Eligible Card”), on everyday purchases of goods and services through participation in various promotional offers (“Offers”). If you do not wish to participate in Branch Rewards, please refrain from using your Eligible Card. Branch uses a third-party service provider to help operate this Rewards Program.
Rewards Program Eligibility. You are automatically enrolled in the Rewards Program when you open your Branch Digital Wallet and agree to the Rewards Program terms herein. So long as you have an open and active Branch Digital Wallet, and transact with an Eligible Card, you are eligible to participate in the Rewards Program.
Offer Additional Terms & Conditions. Participation in Offers may be subject to specific Merchants’ terms and conditions (“Merchant Terms”) which are in addition to these Rewards Program terms. Any additional Merchant terms and conditions for any Offer will be disclosed in the App. By participating in any specific Offer you consent and agree to abide by any applicable Merchant Terms.
Completing an Offer. To participate in an Offer, you must make an eligible transaction (as described in that particular Offer’s terms and conditions) with the associated Merchant using an Eligible Card. Your purchase may not qualify to receive the Rewards if a third-party processes the transactions on behalf of the Merchant, the Merchant does not process transactions under its own name, or if your purchase is processed through a third-party payment account, mobile/wireless card reader, digital wallet or similar technology where the technology does not support transmission of merchant category code (MCCs) and Merchant names. Branch is not responsible for any failure to execute an Offer correctly.
Receiving Rewards. Rewards will not appear or otherwise be reflected on your transaction receipt from a Merchant at the time of purchase. After you make a qualifying transaction to participate in an Offer, you will earn Rewards consistent with these Rewards Program terms and the terms of the Offer in which you participate. You will only receive Rewards on the purchase price, excluding any additional costs including tips, taxes, shipping, etc.
Branch will apply Reward to your Branch Digital Wallet automatically at the end of each month, via commercially reasonable efforts, for all rewards earned in the prior month. For example, any rewards for qualifying transitions made in March will be deposited to your Branch Digital Wallet at the end of April, which could be 30-60 days from the date of the transaction. In order to receive Rewards, your Branch Digital Wallet must be active and not suspended. Branch will not deposit any Rewards into a suspended Branch Digital Wallet. Branch is only responsible for posting Rewards based on information it receives from its third-party service provider who Branch uses to operate Offers.
If your mobile device has notifications enabled, you will receive notifications when rewards have been earned, and when you receive them. You may also view pending rewards in the Rewards tab in your Branch App.
For up to one hundred and twenty (120) days following a transaction, Branch reserves the right to make necessary adjustments to the Rewards you have earned in the event that Branch, in its sole and exclusive discretion, determines that an adjustment for a transaction is necessary including, but not limited to, cases involving abuse, misuse, gaming of the Rewards Program, returned and refunded merchandise, and/or fraud.
All Rewards are categorized as rebates or discounts for the purchase of goods and services from Merchants and will not be reported as taxable income to the extent provided in accordance with IRS regulations.
Expiration of Rewards. Any Rewards you have earned but has not been deposited into your Branch Digital Wallet will expire and be forfeited if: (1) you or Branch close your Branch Digital Wallet; (2) Branch or its third-party service provider discontinues the Rewards Program; (3) you have an inactive Branch Digital Wallet and have not participated in any Offers; or (4) Branch cancels your access to the Rewards Program for fraud or misuse.
Branch Rewards Warranties. Branch is not a party to and makes no warranties regarding any purchase from or transaction with Merchants, including without limitation a warranty of merchantability or fitness. As such, Branch shall not be liable in connection with any dispute, faulty, or defective merchandise or other issues that may arise in connection with any such purchase or transaction, whether as part of any Offer or otherwise.
The CashFlow tab, which used to be referred to as Budget, on the Branch app allows you to monitor your spending activity on your Branch Digital Wallet and any bank accounts you have linked to the Branch app to help keep spending down. You can also set low balance alerts to help you avoid overdraft or insufficient funds fees from your linked account’s bank. In one convenient place, you are able to view spending trends, compare your spend vs your earn, view upcoming bills and view your transaction activity for the month. Branch will also offer savings insights and recommendations through Budgeting Services, though this should not be considered financial advice. There is no cost to use the Budget feature on the Branch app.
If you are an independent contractor paid through a 1099 process (“Independent Contractor” or “Worker”) by your counterparty (“Client”), you may elect through the Branch app to have your payment for eligible earned but unpaid invoices (each an “Eligible Invoice”) accelerated through the CashOut service. To qualify as an Eligible Invoice, the Client must have approved the invoice for payment and the amount due must be payable as a disbursement on the Branch Digital Wallet within the next 60 days.
CashOut is voluntary, and you do not have to elect this service to receive payment for your invoices as you can receive the funds into the Branch Digital Wallet on your scheduled payment date. CashOut payments will be made directly to your Branch Digital Wallet by Branch and not by the Client. By electing to receive an accelerated payment through the CashOut service, you agree to (i) allow Branch to reduce the amount of the Eligible Invoice paid through CashOut by the CashOut Service Charge (described below), and (ii) sell and assign to Branch all right, title and interest you may have in any receivable associated with the Eligible Invoice and to any payment due you from the Client for such Eligible Invoice. If you elect CashOut for an Eligible Invoice, you agree not to sell or assign that invoice to any other party and to forgo any rights you may to collect on the invoice directly from the Client.
Branch will assess a CashOut Service Charge for providing the CashOut service as follows: 2% of the amount due for the Eligible Invoice, if the scheduled payment date is up to 30 days from the date it was approved by Client; or 4% of the amount due for the Eligible invoice if the scheduled payment date is 31 - 60 days from the date it was approved by Client. This charge will be deducted from the CashOut payment made to you. Before you authorize a CashOut payment for a particular invoice, you will be told the amount due for the Eligible Invoice, the amount of the Cashout Service Charge and the net amount you will receive through CashOut. While payment to you for an Eligible Invoice should be faster if you use CashOut, you will receive a smaller overall payment amount. Please allow up to 1 business day for CashOut payment to be made to you.
A CashOut payment is not a loan and is limited to the amount due for an Eligible Invoice, minus the Cashout Service Charge. Your right to receive and retain CashOut disbursements is not contingent on whether the Client ultimately pays Branch for the Eligible Invoice you assigned to us. If you elect CashOut for an Eligible Invoice, and the Client does not pay Branch for that Eligible Invoice, Branch will not attempt to collect or otherwise recoup the CashOut payment from you unless you have engaged in fraud in obtaining the payment. Branch will not report any information about you regarding a CashOut transaction to any credit reporting agency.
Branch reserves the right to approve or decline in our discretion payment through CashOut for any particular Eligible Invoice. If a transaction is not approved, you will be notified that CashOut is not available for that Eligible Invoice.
THIS AGREEMENT AND YOUR USE OF THE WEBSITE, BRANCH APP AND SERVICES, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
The content of this Website, Branch app and the Services is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You may not “mirror” any content contained within this Website, Branch app or the Services without the express prior written consent of Branch. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Branch or the appropriate copyright owner. Branch does not grant you any licenses, express or implied, to the intellectual property of Branch or its licensors except as expressly stated in this Agreement.
If you believe that your work has been copied and posted on the Website or on the Branch app in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and primary email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send any notices of suspected Copyright Infringement issues to firstname.lastname@example.org and reference Copyright Issues in the subject line.
By providing your contact information to Branch in the course of using or expressing interest in our Services, you are providing express consent to be contacted at the phone number, mailing address or email address you provided. In connection with the Services, Branch may contact you regarding the Services by telephone, email, text, SMS or postal mail.
In order to facilitate certain repayment functionalities for Instant Pay when Branch does not have a relationship with your employer, you must open a "Access API" account provided by Dwolla, Inc. ("Dwolla"). Any funds held in the Dwolla account are held by Dwolla's financial institution partners and you authorize Branch to share your information with Dwolla for the purposes of opening and supporting your Dwolla account for repayment of your EWA. You understand that you will access and manage your Dwolla account through the Branch app, and any relevant notifications will be sent by Branch, not Dwolla. Branch will provide customer support for your Dwolla account activity, and can be reached at www.branchapp.com, email@example.com and/or 323-300-4063.
When Branch provides an EWA you transfer to Branch, all right, title and interest in and to the advance. You warrant to Branch that the EWA is valid and due and that you have not received any payment for or assigned the advance to another party. By requesting an EWA, you authorize Branch to initiate debit entries or deductions from your paycheck as provided by your employer, as applicable. You agree to maintain an amount from your paycheck that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize us to deduct your paycheck for payments due to us under these Terms, and the terms in the employee advance agreement consent form. You will indemnify and hold Branch harmless from any claims by any other owner of the account or those with rights to the funds.
You agree that by taking an advance you will be able to meet basic living expenses and major financial obligations both during the time of the advance and for 30 days after Branch deducts from your paycheck. In the event of irresponsible use of the service (such as requesting too many advances in succession) or use that violates state law, Branch may temporarily or permanently suspend your use of the service.
You must provide true, accurate, current, and complete information about your accounts maintained at Branch. Additionally, you represent that you are a legal owner of, and that you are authorized to provide us with, all account information and other information necessary to facilitate your use of the Services. If you provide any information to us that is untrue or inaccurate, or if we have reason to suspect that such information is untrue or inaccurate, Branch has the right to suspend or terminate our relationship with you and your use of the Services.
In your use of the Services or in your communications with Branch or Branch employees, you are prohibited from posting, transmitting or sharing any content or material that is, or may be reasonable considered to be, offensive, unlawful, threatening, obscene, hateful, racially offensive, homophobic, profane, showing religious bias, sexual in nature, illegal or intimidating in any way. Any such behavior will result in a termination of the Services and if the behavior rises to a criminal or civil offense, or violates any law, Branch will fully cooperate with law enforcement to address the violation.
In order to use certain Services, Branch may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity, including but not limited to taxpayer identification number, phone number and email verification, and other information we deem necessary. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services.
Related to the use of Services and to prevent possible fraud, location services may be used to track if an employee is present at their employer if the employee voluntarily opted-in.
This Website and the Services are controlled and operated by Branch from within the United States. Branch makes no representations that materials contained within the Website or the Services are appropriate or available for use in other locations, and access to the Website or Services from locations where such activity is illegal is prohibited. Those who choose to use the Website or Services from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
THE WEBSITE, THE BRANCH APP AND THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Your access and use of the Website, Branch app or Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that Branch, in its sole discretion, may elect to take. In no event will Branch be liable to any party for any loss, cost, or damage that results from any period of downtime of the Website, Branch app or Services.
FURTHER, IN NO EVENT SHALL BRANCH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE PRODUCTS OR YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRANCH'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO BRANCH FOR USE OF THE WEBSITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement may be modified by Branch at any time by updating and posting a new version on the Website or by otherwise notifying you of the revised Agreement. By using the Website, Services or the Branch app, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
Branch may at any time, without notice or cause, suspend or terminate your access and use of the Services or the Branch app, in accordance with applicable regulatory requirements.
This Arbitration Agreement is part of the Terms of Service that governs your use of the Branch app, Services, the Website or any Branch affiliated product. You and we agree to these terms.
Binding Arbitration and Class Action Waiver if your principal place of business is in the United States.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
a. Disputes covered — everything except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and Branch or any Branch affiliate concerning Branch’s mobile apps, websites, pricing, tips, donations, payments, advances, data, Services, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
b. Mail a Notice of Dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Branch, ATTN: BRANCH ARBITRATION, 8014 Olson Memorial Hwy 55, #471, Golden Valley, MN 55427. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available online. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
c. Small claims court option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in the county of your principal place of business or Minneapolis, MN if you meet the court’s requirements. We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out, but you don’t have to before going to small claims court.
d. Arbitration procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if the value of the dispute is $75,000 USD or less whether or not you are an individual). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available to the AAA; mail a copy to Branch at the address in Section (b). In a dispute involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in the county of your principal place of business or Minneapolis, Minnesota. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
e. Arbitration fees and payments.
Disputes involving $75,000 USD or less. Branch will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, Branch will: (1) pay the greater of the award or $1,000 USD; (2) pay your reasonable attorney’s fees, if any; and (3) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amounts unless you and we agree on them.
Disputes involving more than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
Disputes involving any amount. If you start an arbitration we won’t seek our AAA or arbitrator’s fees and expenses, or your filing fees we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. If we start an arbitration we will pay all filing, AAA, and arbitrator’s fees and expenses. We won’t seek our attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
f. Must file within one year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise, it’s permanently barred.
g. Rejecting future arbitration changes. You may reject any change we make to this Arbitration Agreement (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address listed in Section (b) above. If you do, the most recent version of this Arbitration Agreement before the change you rejected will apply.
h. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed but the rest of this Arbitration Agreement still applies.
i. Conflict with AAA rules. This agreement governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
j. Branch affiliates are third-party beneficiaries. Branch and other affiliates of Branch are not parties to this Arbitration Agreement but are third-party beneficiaries of your agreement with us to resolve disputes through informal negotiation and arbitration.
The state or federal courts sitting in Minneapolis, MN shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Branch Digital Wallets may only be created for end users that are 18 years or older (or younger for minors residing in states where an account may be available for persons under 18) and residents of the United States of America.
Advances outside of the Employer Relationship. If Branch does not have a relationship with your Employer, or if you have change jobs and are with a different Employer, you may in a limited capacity, still qualify for an EWA if you have a Branch Digital Wallet and Branch Card. Sections 3.1-3.5 shall not apply if this Section 19 applies to you.
How to Qualify. To qualify for an EWA outside of the Employer relationship, to the following qualifiers must be met: (1) you must have a linked bank account with at least two months of direct deposit history from your Employer; (2) consistent on-going use of your linked debit card; (3) you may not have had an overdraft in your linked account; (4) the account history for your linked account must show moderate to low spending activity; (5) you must have a Branch Digital Wallet and (6) the EWA must be permissible under applicable law. Branch will also look at past EWA repayment history when considering requests for advances. If these and other qualifiers are met, you may be eligible. This list of qualifiers is not exhaustive and Branch may include additional requirements such as direct deposit into the Branch Digital Wallet.
Amount of EWA and Expedited Delivery Fees. You may request an EWA outside of the Employer relationship of up to $150, but no more than 50% of your next anticipated paycheck based on your direct deposit history. The EWA will be deposited into your Branch Digital Wallet instantly, or to an external bank account with 3-days standard delivery, at no cost to you. If you want your EWA funds sent instantly to an external bank account, the following expedited delivery fees shall apply: $2.99 for EWAs under $25; $3.99 for EWAs between $26-$74; or $4.99 for EWAs over $75.
Repayment. When you receive your direct deposit into the Branch Digital Wallet, then Branch will deduct the EWA repayment amount from that direct deposit when it posts. If we are not able to recover the funds from your direct deposit to the Branch Digital Wallet, you authorize Branch to debit the amount of the EWA plus any associated fees from your linked bank account. Branch may deny future EWAs if past advances are not reimbursed. Please understand that in the event you lack adequate funds in your linked bank account to repay the advance at the time of repayment, your bank may assess overdraft charges. Branch is not responsible for any overdraft fees or any other bank fees that result from your use of the Branch EWA service. You may revoke the authorization to debit your linked bank account up to three days prior to the scheduled repayment date.
Branch is not currently licensed by the California Department of Financial Protection and Innovation (“Department”). If the Department does decide in the future to license Branch, and/or require the Company to make modifications to its advance pay product agreement, such developments may have no impact on your obligations under this Agreement. Although Company is not licensed by the Department, any consumer residing in California is invited to share any comment and concerns about Branch or its product and practices with the Department of Financial Protection and Innovation at (866) 275-2677 (toll-free) or at the following URL: https://dfpi.ca.gov/file-a-complaint/