The following terms of service are terms of a legal agreement (the "Agreement" or “TOS”) between you ("you", "your", or "user") and Beyond Financial LLC and its affiliates, agents, and assigns ("Beyond", "we", "us", or "our") which sets forth the terms and conditions for your use of Beyond's mobile application ("Mobile App") and Beyond's website, https://www.beyondfinllc.com  (the “Website”), as well as the products and services offered, operated, or made available by Beyond through the Mobile App or Website (collectively, the "Services"). Beyond is not a bank; Beyond is a financial technology company providing the Services.

 

THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 23 BELOW FOR MORE INFORMATION.

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 1. ACCEPTANCE OF AGREEMENT

Please carefully review this Agreement before using the Mobile App, Website, or Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use the Mobile App, Website, or Services. To use the Mobile App, Website, or Services and to accept the Agreement, you must (1) be a citizen or permanent legal resident of the United States, (2) be at least 18 years old, (3) agree to only have one Beyond User Account (defined below), which must be in your real name; and (4) not be prohibited by law from using the Mobile App, Website, or Services. Creating a Beyond User Account with false information, which includes creating an account using another person's information, is a violation of our terms and will result in the termination of your access to the Services.

 

 2. MODIFICATION OF THIS AGREEMENT

We reserve the right to make modifications to these Terms of Service at any time and for any reason. In the event that a change to our Terms of Service will result in an increase in fees, an increase in liability to our users, fewer types of electronic funds transfers, or stricter limitations on the frequency or dollar amount of transfers, you will be notified via email 30 days before the effective date. All changes will be effective upon posting, so you should check this Agreement on the Website periodically for changes. Your continued use of the Mobile App, Website, or Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Beyond also reserves the right to terminate, suspend, change, or restrict the Services, or any part of the Services, without notice or liability.

 

 3. PRIVACY POLICY

Beyond maintains a Privacy Policy that details how we handle and protect your data. Our Privacy Policy is available at https://www.beyondfinllc.com/privacy-policy . We fully incorporate our Privacy Policy into this Agreement.

 

 4. MINIMUM TECHNOLOGY REQUIREMENTS TO ACCESS SERVICES

To access and use the Mobile App and Services, you must have a mobile telephone (“mobile device”) with access to the Internet running either Apple iOS 10.3 or higher, or Android 5.0 or higher. You must also have a valid U.S. telephone number provided through a mobile carrier and email address, and sufficient storage space to install the Mobile App. We do not support devices that are not mobile telephones, such as tablets, or the use of emulators that purport to allow you to install mobile telephone applications on your laptop or desktop computer. The Mobile App is available on the Apple App Store (for Apple devices) and Google Play Store (for Android devices).

 

 5. USER INFORMATION ACCURACY AND UPDATES

To access Beyond's Services, you must create a Beyond User Account with Beyond (a “Beyond User Account”). This process will include a multifactor authentication process through which you will use a code delivered via SMS (“Login Credentials”) to access the Mobile App and Services. When you sign up for a Beyond User Account, you agree to provide accurate, current, and complete information — such as your name, mailing address, and email address – requested through the Mobile App ("User Information"). Additionally, by creating an account, you agree to have your mobile number and identity information verified against mobile data providers. Your phone number will be used for authentication and that an SMS will be sent to your mobile if eligible for enrollment.

 

In order to use certain Services, Beyond may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Mobile App and/or the Services. Should any of your User Information change, you also agree that you will update this information as soon as possible. You may update your User Information through the Mobile App or by emailing us at https://www.beyondfinllc.com. Should you believe or have reason to believe that any of your User Information, including your username and/or password, has been compromised, or that another person is accessing your Beyond User Account through some other means, you agree to notify us as soon as possible at https://www.beyondfinllc.com .

 

 6. OVERVIEW OF SERVICES

Beyond offers a variety of services and features collectively referred to in this Agreement as the "Services." These Services include:

• Personal Financial Management Services (“PFM Services”): A suite of services and features that can help you monitor and analyze your bank account transactions to assist you to better understand and manage your finances.

• Nonrecourse Advance Services (“Cash Advance”): Free advances of funds to help you cover emergency expenses or to help you avoid overdrafts on your bank account.

 

 7. THIRD-PARTY AND BEYOND BANKING ACCOUNT INFORMATION

To use some of our Services, you will need to give us access to information related to your bank accounts at other financial institutions. This includes bank account transaction histories, balance information, and/or other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions ("Third-Party Account Information"). Beyond works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes, and to offer you other Beyond or third-party products and services that may be of interest to you. By using the Services, you authorize Beyond to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping secure any passwords and usernames you provide to us so we can retrieve this Third-Party Account Information, and for keeping those passwords and usernames up to date through the Mobile App.

 

Beyond does not review the Third-Party Account Information for accuracy, legality, or non-infringement, and Beyond is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.

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 8. DESIGNATED ACCOUNTS AND CANCELLATION

After you create a Beyond User Account, you will be prompted to identify and connect your debit card and one or more of your bank accounts held at a depository institution (each a “Designated Account”) if you attempt to use or access any feature within the Mobile App that requires a Designated Account.

 

You may only connect Designated Accounts that you own and are authorized to transact upon. Each Designated Account may only be connected to one Beyond User Account. If we determine that you have connected a Designated Account that you do not own or are not authorized to transact upon, or that is already connected to another Beyond User Account, we may terminate your access to the Services.

 

You may choose to unlink a Designated Account from your Beyond User Account through the Mobile App. By unlinking your Designated Account from your Beyond User Account, you may lose your ability to receive some or all the Services.

 

 9. PFM SERVICES

If you maintain a Beyond User Account and connect a Designated Account, you will have access to the PFM Services. Through the PFM Services, we may present you with information about your Designated Accounts and transactions to help you better understand and monitor your finances.

 

Through the PFM Services, you can also learn about, and access offers from our third-party partners that may be of interest to you. In all cases, you will need to “opt in” to receive these partner offers, and Beyond may receive compensation from these partners for connecting you with them. Beyond is not responsible for the products and services offered by those partners.

 

 10. THE CASH ADVANCE SERVICE

10.1 What is a Cash Advance? 

If you are eligible, the Cash Advance Service allows you to receive advances of funds (each, a “Cash Advance”, collectively (“Cash Advance”)) to your designated Account to help you cover upcoming expenses or avoid having insufficient funds in your designated Account for a transaction. Any Cash Advance you choose to receive is free. Once you accept a Cash Advance we offer you, the funds will be deposited into your designated Account. You may only receive one Cash Advance at a time. We will not offer you additional Cash Advance if you have not fully repaid a prior Cash Advance.

 

If we detect that your account balance in your designated Account is below a certain threshold or that you may be at risk of overdrawing, we may also alert you via SMS messages or email and invite you to request a Cash Advance. Beyond is not responsible for, nor assumes any liability for errors or omissions in sending such alerts. You may also request a Cash Advance at any time through the Mobile App and/or Website. Eligible users requesting a Cash Advance will then be offered the opportunity to receive a Cash Advance to their designated Account. In all cases, you must affirmatively choose to receive a Cash Advance.

 

10.2 Your Eligibility for Cash Advance 

To be eligible to receive Cash Advance:

• You must be at least eighteen (18) years of age.

• You must be a United States citizen or a lawful resident of the fifty (50) United States, the District of Columbia, or a U.S. territory, and have a U.S. physical address or military address (APO or FPO).

• You must have a Beyond User Account or an account with a designated partner of Beyond.

 

We determine the amount of any Cash Advance that you are eligible for based on, among other things, your anticipated income, transaction history, and credit related information. We may change our eligibility criteria at any time with or without notice to you.

 

10.3 Cash Advance Delivery and “Instant” Cash Advance 

When you request or accept a Cash Advance, you will be given the option to receive your Cash Advance by Zelle through your debit card. Once we send a Cash Advance to your Designated Account, we do not control when your bank will make it available to you.

 

10.4 Cash Advance Repayment 

YOUR AUTHORIZATION FOR DEBITS AND CREDITS VIA ACH, REAL-TIME PAYMENT OPTION, OR OTHER SIMILAR PAYMENT OPTION 

By creating a Beyond User Account or an account with a designated partner of Beyond, and using any of the Cash Advance Services, you provide your electronic signature to these Terms and you authorize Beyond to electronically debit and credit any designated funding source as it relates to the relevant Cash Advance Service (as described above) via the Zelle request, real-time payment option, and/or other similar payment option and, if applicable, to correct erroneous debits and credits via Zelle, real-time payment option, and/or other similar payment option. Your continued use of any of the Cash Advance Service reaffirms your authorization set forth above and your authorization will remain in full force and effect until rescinded (as set forth above).

 

Each Cash Advance is repayable in one installment. Each time you accept a Cash Advance, you will be required to choose or confirm the date you will repay the Cash Advance (the “Repayment Date”) and authorize us to send a Zelle request to your Designated Account(s) or process an electronic debit from your Designated Account(s) on that date. If the Repayment Date falls on a weekend or a holiday, we may process your payment on the next business day. You may also repay a Cash Advance at any time by authorizing a payment through the Mobile App and/or the Website. By accepting a Cash Advance, you authorize us send you a Zelle request and you will confirm the request, or you authorize us to debit your Designated Account on the Repayment Date through the debit card you provided to us, or an ACH transfer. You will not be eligible for a Cash Advance until processing of the repayment of any prior Cash Advance has been completed.

 

Beyond will attempt to collect repayment primarily via a real-time payment option (i.e., your designated debit card). If we are unable to process your repayment as a debit card transaction, you agree that we may instead process your transaction as an ACH transfer.

 

If the payment you have authorized is (i) declined or returned by your financial institution, (ii) if we do not process your repayment because we have determined you do not have sufficient funds in your Designated Account, or (iii) we are otherwise unable to process your repayment on the Repayment Date, we will reattempt your repayment up to two (2) additional times.

 

Beyond warrants that it has no legal or contractual claim against you based on a failure to repay a Cash Advance. With respect to a failure to repay a Cash Advance, Beyond warrants it 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. However, Beyond will not provide you further Cash Advance or access to certain PFM Services while any amounts owed for Cash Advance remain unpaid.

 

Beyond does not waive any rights regarding fraudulent or illegal activity, and Beyond may pursue instances of fraud. Although Beyond is intended to help you avoid overdraft fees with your bank, Beyond is 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 Designated Account. Beyond monitors your balance and will attempt to avoid debiting your Designated Account if you do not have sufficient funds, but Beyond makes no warranties that an overdraft will not occur or that your bank will not charge you fees.

 

 11. REFUNDS

Fees related to “Instant” Cash Advance are non-refundable.

 

 12. CREDIT AND DEBIT AUTHORIZATION

By connecting a bank account to your Beyond User Account or an account with a designated partner of Beyond, you authorize us to electronically debit your Designated Account for repayments as described in Section 10 until you close your Beyond User Account or an account with a designated partner of Beyond.

 

As applicable, you also authorize Beyond to electronically debit and credit your Designated Account to correct erroneous debits and credits. You acknowledge that, as applicable, the electronic authorizations contained in this Section represent your written authorizations for ACH and debit card transactions as provided herein and will remain in full force and effect until you notify Beyond that you wish to revoke an authorization by emailing us at beyondfinancialcalifornia@gmail.com.

 

You must notify Beyond at least three (3) business days before the scheduled debit date to cancel an authorization. When you email, please include the name, email address, and telephone number associated with your Beyond User Account or an account with a designated partner of Beyond. Failure to provide correct and complete information may make it impossible for Beyond to stop the withdrawal of the preauthorized transaction. You agree to indemnify and hold Beyond harmless from and against any loss incurred as a result of its withdrawal of an ACH or debit card transaction from your Designated Account if any of the information relied upon in your request to revoke authorization is incorrect or incomplete. If you have followed the instructions in this section to notify Beyond of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Beyond will be liable for your losses or damages directly caused by our failure to stop the transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, at our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so.

 

You warrant and represent to Beyond that you have the right to authorize us to charge and credit your Designated Account for payments due to us under this Agreement. In no event will our liability to you exceed the amount of the debit transaction and any bank fees you incur as a direct result of the debit transaction. If you have a joint Designated Account, 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 Beyond harmless from any claims by any other owner of the Designated Account.

 

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.

 

 13. CONSENT TO ELECTRONIC COMMUNICATIONS AND DOING BUSINESS ELECTRONICALLY

13.1 Communications to Be Provided in Electronic Form 

By choosing to use the web Services, you will receive from time-to-time disclosures, notices, documents, and any other communications about our web Services (“Communications”). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receive all Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion.

 

13.2 Communications in Writing 

By accepting this Agreement, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.

 

13.3 Minimum Requirements 

You understand that, to view and/or retain copies of the electronic Communications, you will need to meet the minimum technology requirements described in Section 4 above, as well can update your User Information in the Mobile App or by emailing us at beyondfinancialcalifornia@gmail.com.

 

 14. SMS MESSAGING AND TELEPHONE CALLS

By creating a Beyond User Account, you consent to receive SMS and MMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or Mobile App. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Beyond and our agents, representatives, affiliates, and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails, or other means. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice without liability to you.

 

By creating a Beyond User Account or an account with a designated partner of Beyond, you also agree to receive push notifications from us. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted and may include your name and information pertaining to your use of the Website, Mobile App, or Services. We may terminate your use of push notifications at any time without notice. You can opt out of receiving push notifications by adjusting your device settings. You acknowledge that opting out of receiving push notifications from us may impact your use of the Website, Mobile App, and Services.

 

 15. LIMITATIONS OF USE

You agree to use the Mobile App, Website, and Services only for lawful purposes. You are prohibited from any use of the Services or Mobile App that would constitute a violation of any applicable law, regulation, rule, or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Mobile App or Services, including but not limited to unauthorized entry into Beyond's systems, misuse of passwords, or misuse of any information posted on the Mobile App, Website, or through the Services is strictly prohibited. Beyond makes no claims concerning whether use of the Mobile App, Website, or Services is appropriate outside of the United States. If you access the Mobile App, Website, or Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

You agree you will not (1) try to reverse engineer, disassemble, decompile, or decipher the Mobile App, Website, or Services or software making up the Mobile App, Website, and Services, (2) navigate or search the Mobile App, Website, or Services with any tool, software, agent, engine, or other means (including bots, avatars, intelligent agents, or spiders), (3) use a means other than Beyond's provided interface to access the Mobile App, Website, or Services, (4) use the Mobile App, Website, or Services in a way that could impair, overburden, damage, or disable any portion of the Mobile App, Website, or Services, or (5) mirror any material contained on the Mobile App, Website, or Services.

 

Beyond reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Beyond also reserves the right to take action to protect Beyond, other users, and other third parties from any liability, fees, fines, or penalties. We may take actions including, but not limited to: (1) updating information you have provided to us so that it is accurate, (2) limiting or completely closing your access to the Mobile App, Website, or Services, (3) suspending or terminating your ability to use the Mobile App, Website, or Services on an ongoing basis, (4) taking legal action against you (note, as described in Section 10.4 Beyond will not take action against you for failure to repay a Cash Advance), and (5) holding you liable for the amount of Beyond's damages caused by your violation of this Agreement.

 

 16. INTELLECTUAL PROPERTY RIGHTS

The Mobile App, Website, and Services are owned and operated by Beyond. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the "Beyond Materials") are owned exclusively by Beyond or the licensors or suppliers of Beyond and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on this Website, Mobile App, or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Beyond Materials displayed on the Mobile App, Website, or Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify, or reproduce any of Beyond Materials found on the Mobile App, Website, or Services unless in accordance with written authorization by us. Beyond prohibits the use of any of the Beyond Materials as part of a link to or from the Mobile App, Website, or Services unless the establishment of such a link is approved in writing by us in advance. Any questions concerning any Beyond Materials, or whether any mark or logo is a Beyond Material, should be referred to Beyond. All rights related to the Beyond Materials are hereby reserved. You agree that the Beyond Materials may not be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Beyond. You acknowledge that the Beyond Materials are and shall remain the property of Beyond. You may not modify, participate in the sale or transfer of, or create derivative works based on any Beyond Materials, in whole or in part.

 

 17. TERMINATION

Beyond may terminate this Agreement at any time or suspend or terminate your access and use of the Mobile App, Website, or Services at any time, with or without cause, in Beyond's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Mobile App, Website, or Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Mobile App, Website, or Services. Beyond further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all the Mobile App, Website, or Services at any time with or without notice.

 

 18. DISCLAIMER OF WARRANTIES

THE MOBILE APP, WEBSITE, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BEYOND AND ALL OF ITS SUCCESSORS, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS, AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE "BEYOND PARTIES") EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE MOBILE APP, WEBSITE, OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP, WEBSITE, OR SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." THE BEYOND PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE MOBILE APP, WEBSITE, OR SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE BEYOND PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE MOBILE APP, WEBSITE, OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.

 

Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.

 

 19. NO LEGAL, TAX OR FINANCIAL ADVICE; ALERTS

BEYOND DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE MOBILE APP, WEBSITE, OR SERVICES. BEYOND IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. BEYOND ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISIONS. BEYOND WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. BEYOND DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, BEYOND IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND BEYOND IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. BEYOND IS NOT LIABLE FOR ANY THIRD-PARTY RELIANCE ON ALERTS.

 

 20. LIMITATION OF LIABILITY

THE BEYOND PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE MOBILE APP, WEBSITE, OR SERVICES, THE BEYOND MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE MOBILE APP, WEBSITE, OR SERVICES, EVEN IF BEYOND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BEYOND PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE MOBILE APP, WEBSITE, OR SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE MOBILE APP, WEBSITE, OR SERVICES. IN NO EVENT WILL THE BEYOND PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOBILE APP, WEBSITE, OR SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

 

 21. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Beyond Parties from and against any and all claims, losses, expenses, demands, or liabilities, including reasonable attorneys' fees arising out of or relating to (i) your access to, use of, or alleged use of the Mobile App, Website, or Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Beyond reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Beyond.

 

 22. DISPUTE RESOLUTION BY BINDING ARBITRATION

YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 23.3 BELOW.

 

22.1 Election to Arbitrate. 

You and Beyond agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 23 (the "Arbitration Provision"), unless you opt out as provided in Section 23.3 below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 23.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.

 

22.2 Applicability of the Federal Arbitration Act; Arbitrator's Powers. 

This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

 

22.3 Opt-Out of Arbitration Provision. 

You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to beyondfinancialcalifornia@gmail.com, within 60 days of the date of your electronic acceptance of the terms of this Agreement. The opt-out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit if it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out notice on your behalf.

 

22.4 Informal Dispute Resolution. 

If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to beyondfinancialcalifornia@gmail.com.

 

22.5 Arbitration Procedures. 

The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with other than hearing fees. If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

 

22.6 Appeals.
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.

 

22.7 No Class Actions.
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Except for claims seeking public injunctive relief and unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 22.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 22.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.

 

22.8 Survival and Severability of Arbitration Provision.
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 22.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision's limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 22.8 are finally adjudicated pursuant to the last sentence of Section 22.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.

 

22.9 Judicial Forum for Claims.
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Beyond agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and Beyond consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

 

22.10 WAIVER OF RIGHT TO LITIGATE.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

 

 23. GOVERNING LAW AND VENUE

Except for Section 22 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of California, without regard to conflict-of-law rules.

 

 24. ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT

The following disclosures are made in accordance with federal law regarding electronic payments, deposits, transfers of funds, and other electronic transfers. There may be limitations on your Designated Account or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Designated Account or debit card. The disclosures in this Section 25 apply to all Services described in this Agreement.

 

24.1 Definitions.

• Electronic Fund Transfer: Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Designated Account. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone or the Mobile App.

• Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, withdrawal of funds out of your Designated Account to pay the Bank Connection Fee.

• Unauthorized Electronic Fund Transfer: An Electronic Fund Transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your Beyond 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.

•  

24.2 Your Liability.

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

• Unauthorized Transfers: Tell us at once if you believe your User Information has been lost or stolen or if your Beyond 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 Designated Account(s).

• If you tell us within four (4) business days after learning of the loss or theft of your User Information or after learning of any other Unauthorized Electronic Fund Transfers associated with your Beyond User Account, you can lose no more than $50. However, if you DO NOT tell us within four (4) business days after learning of the loss, theft, or unauthorized use associated with your Beyond User Account, and we can establish that we could have prevented the Unauthorized Electronic Fund Transfer(s) if you had told us in time, you could lose as much as $500.

• If your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Fund Transfers and you DO NOT tell us within ninety (90) days after the statement was delivered to you, you may not get back any money you lose after the ninety (90) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen User Information or of any other suspected Unauthorized Electronic Fund Transfers(s), the time periods specified in this Section 25.2 may be extended for a reasonable period.

•  

24.3 Business Days.
Beyond's business days are Monday through Friday. Holidays are not included.

 

24.4 Types of Transfers; Limitations.
You may use the Services to request and receive Cash Advances to your Designated Account, to repay such Cash Advances in the amounts and on the days you request, and to pay the monthly Bank Connection Fee. Any limitations regarding Cash Advance amount or Bank Connection Fee amount will be displayed to you through the Services. Through the Mobile App you may also authorize recurring preauthorized Electronic Fund Transfers from your Designated Account to pay for the Bank Connection Fee. See Section 12 for more information about stopping payment of preauthorized Electronic Fund Transfers.

 

24.5 Fees.
Beyond charges no fees to access a Cash Advance. However, you may choose to pay an Instant Fee to expedite a Cash Advance as set forth in the previous section.

 

24.6 Documentation.
Your Cash Advance and payment history can be viewed within the website and/or Mobile App by tapping “Account”. You are responsible for reviewing payment history, and if applicable, maintaining copies for your records.

 

24.7 Our Liability.
If Beyond does not debit or credit your Designated Account in accordance with these Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

• If, through no fault of ours, you do not have enough money in your Designated Account, debit card, or other account to make a payment.

• If the Designated Account, debit card, or other account you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.

• If the Services were not working properly and you knew about the problems when you started your payment.

• If we cannot complete a payment due to fraud or attacks on our systems or the Services.

• If circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken.

 

24.8 Confidentiality Related to Electronic Fund Transfers.
We will disclose information to third parties about the Electronic Fund Transfers you make through the Services:

• Where it is necessary for completing the Electronic Fund Transfers; or,

• In order to comply with government agency or court orders; or,

• If you give us written permission; or,

• As otherwise provided in our Privacy Policy.

 

24.9 Error Resolution
In case of errors or questions about your Electronic Fund Transfers, email us at beyondfinancialcalifornia@gmail.com. If you think your Designated Account statement, receipt, or payment history within the website and/or Mobile App is wrong, or if you need more information about a transfer listed on the statement, receipt, or within the website and/or Mobile App, contact us as soon as you can. We must hear from you no later than 90 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 Beyond User Account or an account with a designated partner of Beyond.

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

• Tell us the dollar amount of the suspected error.

 

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

 

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Designated 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 Beyond User Accounts or accounts with designated partners of Beyond, we may take up to 90 days to investigate your complaint or question. For new Beyond User Accounts or accounts with a designated partner of Beyond, we may take up to 20 business days to credit your Designated Account for the amount you think is in error. We will tell you about the results within three business days after completing our investigation. If we decide that there was no error, we will send you an explanation. You may ask for copies of the documents that we used in our investigation.

 

ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE BEYOND SERVICES MUST BE DIRECTED TO BEYOND, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR DESIGNATED ACCOUNT. We are responsible for the Services and for resolving any errors in transactions made in conjunction with such Services.

 

We will not send you a periodic statement listing transactions that you make through the Services. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE PROVIDED WHEN YOU USE THE SERVICES AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number and address indicated below:

Phone: (909)-449-3840
Beyond Financial LLC, ATTN: Legal, 3006 S Vermont Ave 181, Los Angeles, CA 90007
Email: beyondfinancialcalifornia@gmail.com

 

IF YOUR USER INFORMATION IS LOST OR STOLEN, NOTIFY US AT ONCE by calling or writing to us at the telephone number or address listed above.

 

 25. SEVERABILITY

If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement's remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

 

 26. WAIVER

You agree that if Beyond does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Beyond has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.

 

 27. LINKS TO OTHER WEBSITES AND SERVICES

The Mobile App and our website may contain links to outside services and resources, the availability and content of which Beyond does not control or monitor. We are not responsible for examining or evaluating, and we cannot guarantee and expressly do not warrant the offerings of these businesses or individuals or the content of their websites. Except where an endorsement or relationship is expressly disclosed, links to and from such sites do not constitute a Beyond endorsement, and Beyond does not represent or imply that there is any business relationship between Beyond and the other entities. Beyond does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

 

 28. CONTACTING US

If you have questions regarding the Agreement or the practices of Beyond, please contact us by e-mail at beyondfinancialcalifornia@gmail.com or by regular mail at Beyond Financial LLC, ATTN: Legal and Compliance, 3006 S Vermont Ave 181, Los Angeles, CA 90007.

 

 29. GENERAL PROVISIONS

This Agreement is the entire understanding and agreement between you and Beyond. This Agreement supersedes any previous Terms of Use agreement or other agreement to which you and Beyond may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.