Cross River Bank is the bank; Affirm entities service the savings account
The agreement is a contract between the depositor and Cross River Bank, a New Jersey state-chartered bank, and governs the savings account offered through the Affirm mobile application and website. Affirm, Inc. and its subsidiaries and affiliates, including Affirm Loan Services, LLC, are service providers that perform services related to the account on the Bank's behalf; the defined 'we, us, our' includes both the Bank and Affirm. The Bank is the deposit-taking institution; Affirm is not described as the bank.
Details
Who
Cross River Bank; Affirm, Inc. and affiliates as service providers
What it covers
Savings Account offered through the Affirm app and Website
Where
New Jersey State Chartered Bank
Supporting quotations
This agreement (Agreement) is the contract between you, the depositor (you or your) and Cross River Bank, a New Jersey State Chartered Bank, (the Bank), that governs your savings account (Savings Account) offered through the Affirm mobile application and/or Website (collectively, the App).
Affirm, Inc., and its subsidiaries and affiliates, including Affirm Loan Services, LLC, (Affirm) are service providers that perform certain services related to your Account on our behalf (together with the Bank, we, us, our).
Qualifications & exceptions
'We, us, our' combines the Bank and Affirm, so obligations phrased that way may be performed by either entity.
Affirm companies are described as service providers, not as the account-holding bank.
Legal Rights & Agreement Rules · Context
Agreement states it is effective as of September 18, 2026
The saved document is titled 'Cross River Bank Savings Deposit Account Agreement and Truth in Savings Disclosure' and states 'Effective as of Sep 18, 2026'. The date is the document's own statement of when it takes effect; no amendment history or successor version is supplied.
Details
When
Effective Sep 18, 2026
Supporting quotations
Effective as of Sep 18, 2026
Cross River Bank Savings Deposit Account Agreement and Truth in Savings Disclosure
Qualifications & exceptions
The effective-date line is the only date stated in the source; it is not described as a revision date.
Not stated here
Whether an earlier version applied before September 18, 2026 is not stated in this source.
Legal Rights & Agreement Rules · Context
Cover notice announces binding arbitration and class-action waiver
The opening paragraph warns that the agreement includes a binding arbitration provision containing a class action waiver and directs the reader to 'Section I.19'. The document's arbitration section is headed 'J.19 ARBITRATION'; Section I is 'Promotions' and contains no 19th subsection. The notice states the existence and effect of the provision; the operative arbitration terms appear in the arbitration section.
Details
What it covers
binding arbitration provision with class action waiver
Supporting quotations
THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION I.19 BELOW FOR MORE INFORMATION.
Qualifications & exceptions
The cited 'Section I.19' does not correspond to a heading in this saved source; the arbitration heading is J.19.
Not stated here
Whether the mismatch is a drafting error or refers to another version is not established by the text.
Cross-references
refers to (model-proposed): Disputes with the Bank or Indemnified Parties are resolved by final binding arbitration — The cover notice points readers to Section I.19 for the arbitration provision. The operative arbitration section appears under J.19, and p10-arbitration-scope records the binding arbitration and jury/class waiver terms. The citation mismatch is recorded separately as a reference issue.
Legal Rights & Agreement Rules · Context
Seven linked documents are incorporated by reference but not supplied
Accepting the agreement, submitting an application for an account, or using deposit account services binds the user to its terms. The agreement states that it refers to and includes other disclosures: the Truth in Savings Account Disclosure and the Electronic Fund Transfer Agreement and Disclosure (both set out below in the document), and linked documents - the Electronic Signature Consent and Disclosure, Cross River Bank's Privacy Policy, the Affirm Visa Debit Cardholder Agreement, the Affirm Terms of Service and Affirm's Privacy Policy. The text then says 'These agreements are incorporated by reference.'
Details
What it covers
Truth in Savings disclosure; EFT Agreement; E-Sign consent; Cross River privacy policy; Affirm Visa Debit Cardholder Agreement; Affirm Terms of Service; Affirm Privacy Policy
Condition
Acceptance, application, or use of deposit account services
Supporting quotations
By accepting this Agreement, submitting an application for an Account, or by using any of our deposit account services, you agree to the terms in this Agreement.
This Agreement also refers to and includes other disclosures, including:
Only the Truth in Savings disclosure and the EFT Agreement appear in this source; the five linked documents are not included and their terms are not analyzed here.
Other products or services offered through the App may require separate agreements.
Not stated here
The text of each linked document is not supplied in this source, so this card cannot describe their contents, obligations or current versions.
Account & Service Control · Context
Debit Card is a separate Affirm product issued through another bank
The Debit Card is defined as a card provided and serviced by Affirm and issued through another bank; it accesses a separate Debit Card Account. The agreement states the Debit Card 'is a separate product not offered or provided by Cross River Bank.' This savings agreement therefore does not itself provide the card, and the card-issuing bank is not named in this source.
Details
Who
Affirm (provider and servicer); an unnamed bank (issuer)
What it covers
Debit Card and Debit Card Account, separate from the Savings Account
Supporting quotations
Debit Card - The debit card provided by and serviced by Affirm and issued through another bank. The Debit Card accesses your Debit Card Account. This is a separate product not offered or provided by Cross River Bank.
Debit Card Account - Account accessed by your Debit Card.
Qualifications & exceptions
Card account terms are governed by the separate Affirm Visa Debit Cardholder and Account Agreement, which is not supplied in this source.
The definition does not name the bank that issues the card.
Not stated here
The card-issuing bank and the card agreement's terms are not in this source.
Account & Service Control · Context
EFT follows Regulation E and excludes wire transfers; Item is any credit or debit
EFT means an 'electronic fund transfer' to or from the account as defined by Regulation E (12 CFR Part 1005); it includes an ACH transaction but not a Wire Transfer. A Wire Transfer is a transfer through a wire service such as SWIFT, the Federal Reserve Wire Network, or the Clearing House Interbank Payments System, and is not an EFT. 'Item' means any EFT, wire transfer, fee, charge, or other amount credited to or debited from the account.
Details
What it covers
EFT, ACH transaction, Wire Transfer, Item
Supporting quotations
EFT - An "electronic fund transfer" to or from your Account, as that term is defined by Regulation E (12 CFR Part 1005). An EFT includes an ACH transaction but does not include a Wire Transfer.
Item - Any EFT, Wire Transfer, fee, charge, or other amount that is credited to or debited from your Account.
Wire Transfer - A transfer of funds through a wire service, such as SWIFT, the Federal Reserve Wire Network, or the Clearing House Interbank Payments System. Wire transfers are not EFTs.
Qualifications & exceptions
The EFT Agreement later applies to EFTs; wire transfers are outside that definition.
Regulation E is named as the defining standard; its text is not supplied.
Security & Safeguards · Context
Access Credentials and App define electronic access to the account
Access Credentials are the phone number, personal identification code and/or biometric data used to access the account on the App or Website. The App is the Affirm mobile application and/or the Affirm Website; the Website is the Affirm website that allows access to the savings account. Access is defined around these electronic channels.
Details
What it covers
phone number, personal identification code, biometric data
What it covers
App and Website
Supporting quotations
Access Credentials - The phone number, personal identification code and/or biometric data used to access your Account on the App or Website.
App - The Affirm mobile device software application that allows you to access your Account on a mobile device and/or the Affirm Website that allows you to access your Account online.
Website - The Affirm website at
Qualifications & exceptions
Biometric data is expressly included in Access Credentials.
This packet only defines the terms; security duties and unauthorized-use liability appear in later sections.
Account & Service Control · Context
ACH and Direct Deposit definitions cover electronic transfers and payroll deposits
ACH is defined as the national clearinghouse for EFTs. An ACH Credit Entry is an order or request to move money from an external account into the account, initiated by a credit entry submitted by the external bank. An ACH Transaction is an electronic deposit to or withdrawal from the account through the ACH network, such as payroll direct deposits or recurring utility payments. Direct Deposit is an automatic ACH deposit made by someone else, such as an employer or government payer.
Details
Who
external financial institution; employer or government payer
What it covers
ACH credit entries, ACH transactions, Direct Deposits
Supporting quotations
Automated Clearing House (ACH) - The national clearinghouse for EFTs.
ACH Credit Entry - An order or request for the transfer of money from an external account to your Account, which is initiated by the submission of a "credit" entry to the ACH network by the financial institution holding your external account.
ACH Transaction - An electronic deposit to, or withdrawal from, your Account that we receive or send through the ACH network.
Direct Deposit - An automatic electronic deposit made through the ACH network to your Account by someone else, such as an employer issuing payroll or the government paying you benefits.
Qualifications & exceptions
These definitions cover ACH credits and debits; transaction limits and availability timing appear in later sections.
Account & Service Control · Context
Available Balance defers its calculation to Section F1
Available Balance is defined as the funds available in the account that can be used to complete transactions, with the calculation referred to Section F1 ('Available Balance'). This definitions section does not restate the formula; Section F.1 does.
Details
What it covers
Available Balance
Supporting quotations
Available Balance - The funds available in your account that you can use to complete transactions. See Section F1, "Available Balance" for how this is calculated.
Qualifications & exceptions
The definition depends on Section F.1, which appears later in the document.
Account & Service Control · Context
Business Days are Monday through Friday, excluding federal holidays
The definitions set Business Days as Monday through Friday, with federal holidays not included. This definition supplies the timing baseline used by later cutoffs, funds-availability and error-resolution provisions.
Details
When
Monday through Friday, excluding federal holidays
Supporting quotations
Business Day - Our Business Days are Monday through Friday. Federal holidays are not included.
Qualifications & exceptions
Federal holidays are excluded; no other exceptions are stated in this definition.
Charges & Financial Obligations · Procedure
Card purchases provisionally debit savings, then become permanent after 24 hours or merchant finalization
A Provisional Debit is a debit of a card transaction amount from the savings account before it is cancelled because the purchase was converted to a loan in the App, or before it becomes a Permanent Debit. A Permanent Debit becomes permanent after the later of (i) 24 hours or (ii) the merchant finalizes the purchase amount and submits a permanent debit to the savings account.
Details
When
later of 24 hours or merchant finalization, as stated in the definition
Exception
purchase converted to a loan in the App cancels the provisional debit
Supporting quotations
Permanent Debit - A debit from your Savings Account that becomes permanent after the latter of (i) 24 hours or (ii) the merchant finalizes the purchase amount and submits a permanent debit to your Savings Account.
Provisional Debit - A debit from your Savings Account for the amount of a Debit Card transaction before the debit gets cancelled because you converted a Debit Card purchase to a loan in the App or before the debit becomes a Permanent Debit.
Qualifications & exceptions
Section D.2 later states the conversion occurs after the later of 48 hours or merchant finalization; this definition states 24 hours. The discrepancy is unresolved in the text.
Converting a card purchase to a loan in the App cancels the provisional debit.
Not stated here
Which timing (24 or 48 hours) controls is not resolved by this source.
Savings Account is held at Cross River Bank and serviced through Affirm
The Savings Account is defined as the account held at Cross River Bank, serviced through Affirm, Inc. and offered through the Affirm mobile application and/or website. The agreement generally uses 'Account' for the same account, although 'Account' is not separately defined in this definitions section.
Details
Who
Cross River Bank (holder); Affirm, Inc. (servicer)
What it covers
Savings Account
Supporting quotations
Savings Account - Your Savings Account held at Cross River Bank and serviced through Affirm, Inc. and offered through the Affirm mobile application and/or website.
Qualifications & exceptions
'Account' is used throughout without its own definition; context indicates the Savings Account.
Not stated here
No separate definition of 'Account' appears in the definitions section.
Account & Service Control · Restriction or exception
Savings Account is electronic-only: withdrawals by EFT in the App, deposits by EFT or wire
The savings account is an electronic savings account accessible only through the App. Withdrawals may be made only by initiating EFT transactions on the App; deposits are accepted by EFT or Wire Transfer. Withdrawals and deposits cannot be made at branch locations or by telephone. Some users with a Debit Card linked to the savings account may withdraw at ATMs and merchant POS systems. The section cross-refers to Sections C, D and E for details.
Details
What it does
withdrawals only by EFT initiated in the App; deposits by EFT or Wire Transfer
Condition
ATM/POS withdrawal requires a linked Debit Card and is available only to some users
Supporting quotations
A.6. Limited Savings Account Access. Your Savings Account is an electronic savings account that is only accessible through the App. You may only make withdrawals from your Savings Account by initiating EFT transactions on the App. We will accept deposits into your Savings Account by EFT or Wire Transfer. Certain transactions may be permitted if you have a Debit Card, as set forth below. You will not be able to make withdrawals or deposits at branch locations, or by telephone. Some users may have access to make withdrawals through automated teller machines (ATMs) and at merchant point of sale (POS) systems if they have their Debit Card linked to their Affirm Savings Account. See Section C (Deposits and Transfers into Your Savings Account), Section D (Debit Card) and Section E (Withdrawals) for more information.
Qualifications & exceptions
ATM and POS access is limited to some users and depends on linking the Debit Card to the savings account.
Telephone and branch deposits and withdrawals are excluded.
Not stated here
The conditions that determine which users receive ATM/POS access are not stated here.
Account & Service Control · Context
Cross River Bank provides the account and Affirm, Inc. services it
The General Account Terms identify Cross River Bank, Member FDIC, as the provider of the savings account and Affirm, Inc. as its servicer. These operational roles complement the contract description in the cover section: the Bank holds the account and Affirm performs servicing functions.
Details
Who
Cross River Bank (provider, Member FDIC); Affirm, Inc. (servicer)
Supporting quotations
A.1. Cross River Bank. This Savings Account is provided by Cross River Bank, Member FDIC.
A.2. Affirm: This Savings Account is serviced by Affirm, Inc.
Qualifications & exceptions
Affirm is described as servicer, not as the account-holding bank.
Account & Service Control · Procedure
Account contact runs through Affirm by phone or written notice to its Cleveland address
The agreement directs account questions and information requests to Affirm at (855) 423-3729, 7 a.m. to 10 p.m. Central Time, 7 days a week, and says this number should be used whenever the agreement or law requires or allows telephone notice. Written correspondence and notices required or allowed in writing go to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135, or another address the Bank provides. Notices to the Bank are effective when received.
Details
Who
Affirm, Inc. as contact point for the Bank
When
7 a.m. to 10 p.m. Central Time, 7 days a week
Supporting quotations
A.3. Calling About Your Savings Account. You may call Affirm at (855) 423-3729 between the hours of 7 a.m. and 10 p.m. Central Time, 7 days a week, to ask questions or request information. Please call Affirm at this number whenever this Agreement or applicable law requires or allows you to notify us by telephone.
A.4. Writing About Your Savings Account. You may contact Affirm by submitting a request at
Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. We will deem any and all notices to us effective upon receipt by us.
Qualifications & exceptions
The telephone number and address are Affirm's, not a Cross River Bank branch channel.
Notices to the Bank are deemed effective upon receipt.
Legal Rights & Agreement Rules · Context
App use is subject to the Affirm Terms of Service; this Agreement controls conflicts
Use of the App for online banking is subject to the Affirm Terms of Service. The agreement states that its own terms govern if the Affirm Terms of Service and this Agreement conflict.
Details
What it covers
App use; Affirm Terms of Service
Condition
this Agreement prevails on conflict
Supporting quotations
A.5. The App. We offer you the use of our online banking services through the App.
Your use of the App is subject to the Affirm Terms of Service. The terms of this Agreement govern in the event there is a conflict between the Affirm Terms of Service and this Agreement.
Qualifications & exceptions
The Affirm Terms of Service are not supplied in this source.
Not stated here
The content of the Affirm Terms of Service is unknown from this source.
Charges & Financial Obligations · Company commitment
Savings Account funds are FDIC-insured up to the applicable limit
Funds in the savings account are insured by the Federal Deposit Insurance Corporation up to the applicable limit. The amount of coverage may depend on the balance in the savings account and on the ownership, type and balances of any other accounts the depositor has with the Bank.
Details
Who
Federal Deposit Insurance Corporation (FDIC)
Supporting quotations
A.7. FDIC Insurance. Funds in your Savings Account are insured by the Federal Deposit Insurance Corporation (FDIC), up to the applicable limit. The amount of insurance coverage you have may depend on the balance in your Savings Account and the ownership, type of, and balances held in any other accounts you have with us.
Qualifications & exceptions
Coverage depends on the account balance, ownership, account type and balances in other accounts with the Bank.
Not stated here
The applicable insurance limit is not stated in this source.
Data Access & Collection · Procedure
Opening an account requires identity information and US eligibility
Federal law requires the Bank to obtain, verify and record identifying information for each person opening a savings account. The application collects name, street address, email, phone number, Social Security Number and date of birth. To open an account, the person must be at least 18 (or the applicable age of majority in the resident state), a U.S. citizen or a resident alien with a valid SSN, and have a residential address in the U.S. or a U.S. territory where the account is offered. The Bank may also ask for a driver's license or other identifying documents.
Details
What it covers
name, street address, email, phone number, SSN, date of birth, identity documents
Condition
18+ or age of majority; U.S. citizen or resident alien with valid SSN; qualifying U.S. residential address
Supporting quotations
B.1. Identifying You. To help the United States Government fight terrorism and money laundering, federal law requires us to obtain, verify, and record information that identifies each person that opens a Savings Account. What this means for you: when you open a Savings Account, we will ask you for your name, street address, email, phone number, Social Security Number (SSN), and date of birth. To open a Savings Account with us, you must be at least 18 years old (or applicable age of majority in your resident state), a U.S. citizen or a resident alien with a valid SSN and have a residential address in the U.S. or U.S. territory where we offer the Account. We may also ask to see your driver's license or other identifying documents that will allow us to identify you.
Qualifications & exceptions
Age is 18 or the applicable age of majority in the resident state.
Eligibility is limited to U.S. citizens or resident aliens with a valid SSN and a qualifying U.S. residential address.
Not stated here
What happens if identity verification is unsuccessful is not stated in this section.
Data Access & Collection · Company practice
Applying authorizes the Bank to obtain consumer-report and verification information
By submitting an application, the applicant authorizes the Bank to obtain information from time to time from consumer reporting agencies, check verification services, the Bank's subsidiaries and affiliates, and other third parties. The stated purposes are considering the savings account application and any other purpose permitted by applicable law.
Details
Who
Cross River Bank and its service providers
Why
considering the application or any other purpose permitted by applicable law
Supporting quotations
B.2. Consumer Reporting Agencies. By submitting an application to open a Savings Account, you authorize us to obtain information about you from time to time from consumer reporting agencies, check verification services, our subsidiaries and affiliates, and other third parties for the purpose of considering your Savings Account application or any other purpose permitted by applicable law.
Qualifications & exceptions
The authorization is not limited to the application decision; it extends to any other purpose permitted by applicable law.
Sources include affiliates and check verification services, not only consumer reporting agencies.
Not stated here
The specific agencies and the retention period for obtained information are not stated here.
Charges & Financial Obligations · Procedure
A correct taxpayer identification number is required to avoid backup withholding on interest
Federal law requires the Bank to obtain the correct taxpayer identification number to avoid potential backup withholding and to report interest income. If the depositor is subject to backup withholding, or the IRS notifies the Bank that the TIN is incorrect, the Bank may be required to withhold a percentage of interest paid and remit it to the IRS. Withheld amounts are reported to the IRS as federal tax withheld and reflected on Form 1099-INT.
Details
Who
Cross River Bank; Internal Revenue Service
What it covers
taxpayer identification number; backup withholding on interest
Supporting quotations
B.3. TIN/Backup Withholding. We are required by federal law to obtain your correct taxpayer identification number (TIN) in order to avoid potential backup withholding and to report interest income paid to you in connection with your Savings Account. If you are subject to backup withholding or if the Internal Revenue Service (IRS) notifies us that we do not have a correct TIN for you, we may be required to withhold and remit to the IRS a percentage of interest paid (backup withholding) to your Savings Account(s).
Qualifications & exceptions
Withholding is a percentage of interest paid, not of the account balance.
The TIN may be an SSN if the account is in the person's name and the person is a U.S. citizen, permanent resident or otherwise eligible for an SSN.
Account & Service Control · Permission or license
Linked External Accounts must be the user's own personal US account and are subject to approval
A depositor may link the savings account to an account at another financial institution in the U.S. or a U.S. territory where the savings account is offered; the agreement calls it a Linked External Account. It must be owned by the depositor and be a personal account, not a business or commercial account. Establishing the link is subject to the Bank's verification and approval, and the Bank may limit the number of linked accounts or de-link any of them in its discretion.
Details
What it covers
Linked External Account at another U.S. financial institution
Condition
owned by the depositor; personal account; verification and approval
Supporting quotations
B.4. Linking External Accounts to your Savings Account. You may choose to link your Savings Account to an account you have with another financial institution in the U.S. or a U.S. territory where we offer the Savings Account. We will call that other account a Linked External Account. Any Linked External Account must be owned by you and must be a personal account (not a business or commercial account). Your request to establish a Linked External Account is subject to our verification and approval. In our discretion, we may limit the number of Linked External Accounts you may have at one time or de-link any Linked External Account.
Qualifications & exceptions
Only personal accounts owned by the depositor qualify; business or commercial accounts are excluded.
The Bank may limit the number of linked accounts or de-link one at its discretion.
Not stated here
The verification criteria and any numerical limit are not stated in this section.
Account & Service Control · Restriction or exception
Deposits are accepted only in U.S. dollars by wire or EFT; cash and checks are excluded
Deposits may be made only in U.S. dollars, by Wire Transfer or EFT, including ACH transactions. Cash and checks are not accepted. Deposits from external accounts must come from a bank in the United States, certain U.S. territories, or U.S. jurisdictions. ACH deposits are subject to the NACHA Operating Rules and the rules of any regional clearing houses used. Before final settlement, the Bank acts only as the depositor's agent and assumes no responsibility beyond ordinary care.
Details
What it covers
Wire Transfer, EFT/ACH deposit in U.S. dollars
Exception
cash and checks not accepted for deposit
Supporting quotations
Deposits may only be made in U.S. dollars, by either Wire Transfer or EFT, including ACH transactions. We do not accept cash or checks for deposit. Deposits made from external accounts must be from an external bank located in the United States, certain U.S. territories, or U.S. jurisdictions. Deposits made by ACH are subject to the NACHA Operating Rules and Operating Guidelines and the rules of any regional clearing houses we may use from time to time (collectively, the ACH Rules). Before final settlement of any deposit, we act only as your agent and assume no responsibility beyond the exercise of ordinary care.
Qualifications & exceptions
Cash and check deposits are expressly excluded.
External accounts must be at a U.S. bank or a bank in certain U.S. territories or jurisdictions.
ACH deposits are subject to NACHA and clearinghouse rules.
Bank may refuse, return or limit deposits and set maximum balance and transaction limits
The Bank reserves the right to refuse, return or limit any deposit and to establish and change maximum dollar limits for savings account principal balances and transactions in its discretion. A deposit returned unpaid or charged back to the Bank is charged back to the savings account.
Details
What it does
refuse, return or limit deposits; set and change maximum limits; charge back returned deposits
Supporting quotations
We reserve the right to refuse, return or limit any deposit you make to your Savings Account and to establish (and change) maximum dollar limits for Savings Account principal balances and transactions in our discretion from time to time. If a deposit you make is returned to us unpaid or is otherwise charged back to us, we will charge it back to your Savings Account.
C.4. Our Right to Refuse Deposits. We may refuse a deposit, or part of a deposit, at any time. We also may refuse a deposit after initially accepting it. We will not be liable to you for refusing a deposit, even if it causes us to decline any transactions you have already made.
Qualifications & exceptions
The right applies to any deposit and includes deposits initially accepted.
Maximum balance and transaction limits may change in the Bank's discretion.
Not stated here
The current maximum balance and transaction limits are not stated in this section.
Charges & Financial Obligations · Restriction or exception
Deposited Items are credited subject to final settlement and may be charged back
All Items are credited subject to final settlement in cash or credits. The Bank may forward Items to correspondents, including Federal Reserve Banks; except as required by law it is not liable for a correspondent's default or neglect, and a correspondent is liable only for its own negligence. The depositor authorizes handling under Regulation J and applicable clearinghouse rules. If funds are withdrawn before settlement and settlement does not occur, the Bank may charge the account or obtain a refund. The Bank may charge back any deposited Item at any time before final settlement for any reason and is not liable for resulting damages, except for its lack of good faith or failure to exercise ordinary care.
Details
Condition
final settlement; chargeback permitted before settlement for any reason
Exception
Bank liability for lack of good faith or failure to exercise ordinary care
Supporting quotations
All Items are credited subject to final settlement in cash or credits. We shall have the right to forward Items to correspondents including all Federal Reserve Banks, and, except as required by law, we shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents including the Federal Reserve Banks to handle such Items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such Items in accordance with the rules and regulations of the clearinghouse.
If we permit you to withdraw funds from your Savings Account before final settlement has been made for any deposited Item, and final settlement is not made, we have the right to charge your Savings Account or obtain a refund from you. In addition, we may charge back any deposited Item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited Items or for any damages resulting from any of those actions.
Qualifications & exceptions
Chargeback is permitted at any time before final settlement and for any reason.
The no-liability rule is qualified by the Bank's good faith and ordinary care.
Account & Service Control · Permission or license
Permitted deposit and withdrawal methods include App ACH, third-party ACH, inbound wires and linked card
C.1 lists the permitted transaction methods: one-time or recurring ACH transfers between the savings account and a Linked External Account set up in the App; third-party ACH transfers using the account and routing numbers, such as payroll or benefit direct deposits; inbound Wire Transfers; transfers to and from a linked Debit Card Account; ATM or POS cash withdrawals for some users with a linked Affirm Debit Card; and payments on Affirm loans. The Bank may permit other deposit means from time to time.
Details
What it covers
App ACH transfers; third-party ACH using account and routing numbers; inbound Wire Transfers; linked Debit Card transfers; ATM/POS withdrawals; Affirm loan payments
Supporting quotations
Transfers Using the App. You can set up one-time or recurring transfers from a Linked External Account to your Savings Account using ACH transactions. By using the App to initiate a transfer of funds from a Linked External Account to your Savings Account, you authorize us to make the transfer you select on the App. The same applies for transfers from your Savings Account to a Linked External Account. Use the App to set up, review, change or cancel your transfers.
EFTs using your account number. You can authorize a third party to make a one-time or recurring ACH transfer of funds to your Savings Account by providing the third-party with your account number and routing number. A common example is direct deposit of your paycheck, retirement benefits, or other income.
Wire Transfers. You can direct a third party to transfer money to your Savings Account by Wire Transfer. Wire transfers cannot be initiated in the App or used to withdraw funds.
Debit Card. You may be able to link your Savings Account to your Debit Card Account, which will result in transfers to and from your Savings Account to support Debit Card Account activity as described below in Section D.
Automated Teller Machine (ATM) & Point of Sale (POS) system cash withdrawal. If you have your Affirm Savings Account linked to your Affirm Debit Card, you may have access to withdraw funds from your Savings Account via an ATM or at a POS system. Please see details below in section E.2.
Loan Payments. You can make payments on loans taken through Affirm which will result in transfers from your Savings Account.
Other. We may permit you to make deposits by other means, from time to time.
Qualifications & exceptions
Wire transfers can be received but cannot be initiated in the App or used to withdraw funds.
ATM and POS withdrawals require a linked Debit Card and are available only to some users.
Affirm loan payments result in transfers from the savings account.
Not stated here
The 'Other' deposit methods the Bank may permit are unspecified.
Account & Service Control · Company practice
Bank relies on the account number on deposits and gives no receipt notice
The Bank and its service providers may rely on the account number on any deposit record, even if the number is associated with a different name, and are not responsible for detecting an inconsistency between the number and the name. The depositor may confirm receipt in the App or by calling Affirm, but the Bank gives no notice of receipt; deposits appear on periodic statements. The Bank may confirm deposits and, after review, adjust the account for errors in the deposit, deposit request or similar records.
Details
What it does
rely on account number; no receipt notice; adjust for errors
Supporting quotations
C.2. Deposit Records and Receipts. We and our service providers may rely on the account number on any record of a deposit you make, even if that account number is associated with a name that is different from the name you've provided. It is not our responsibility to detect any inconsistency between the account number you provide and the name.
You may use the App or call Affirm to confirm that we have received a deposit. We will not provide you with notice of our receipt of a deposit into your Savings Account. However, all deposits into your Savings Account will be included in the periodic statements we provide to you. We may confirm your deposits, and, after review, may adjust your Savings Account for any errors, including any errors on your deposit, deposit request or similar records.
Qualifications & exceptions
The account number controls even where the name differs.
No notice of receipt is provided; confirmation is by App, phone or statement.
Account & Service Control · Restriction or exception
Account may be closed if not funded within 30 days after approval
If the savings account is not funded within 30 days after the Bank approves the application, the Bank may close the account.
Details
When
within 30 days after approval
Supporting quotations
C.3. Opening Deposit. If you fail to fund your Savings Account within 30 days after we approve your application, we may close your Savings Account.
Qualifications & exceptions
The 30-day period runs from approval of the application.
Account & Service Control · Context
Section C does not state availability timing; Section F governs it
C.5 directs the reader to Section F for information about when deposited funds will be available for transactions. No availability schedule appears in Section C.
Details
What it covers
funds availability
Supporting quotations
C.5. When You Can Withdraw or Use Funds You've Deposited. Please see Section F, below, for information about when funds you deposit will be available for transactions.
Qualifications & exceptions
The availability schedule is in Section F.1-F.3, not in this section.
Charges & Financial Obligations · Restriction or exception
Bank may return, repay or charge back deposits that are unpaid, unauthorized or fraudulent
Under C.6, if a sending bank returns a deposit unpaid, demands repayment because the deposit was unauthorized, or the sending bank or originator demands return because the Item was unauthorized, sent to the wrong account number or procured by fraud, the Bank may accept the return, pay the return or demand, and subtract the funds from the account balance. The following paragraph repeats that if funds are withdrawn before final settlement and settlement fails, the Bank may charge the account or obtain a refund, may charge back any deposited Item at any time before final settlement for any reason, and is not liable for damages from those rights; it is not liable for dishonor from a reversal, return or related action except for lack of good faith or failure to exercise ordinary care.
Details
Condition
returned unpaid; unauthorized deposit; wrong account number; fraud
What it does
accept return, pay demand and subtract funds; charge back before settlement
Supporting quotations
C.6. Our Right to Charge Back Deposited Items. If you make a deposit and (a) the sending bank returns it to us unpaid; (b) the sending bank demands that we repay them because the deposit was unauthorized; or (c) the sending bank or the originator of a transfer demands that we return the Item because it was unauthorized, sent to the wrong account number or procured by fraud, we may accept the return and/or pay the return or demand, and subtract the funds from your balance.
If we permit you to withdraw funds from your Savings Account before final settlement has been made for any deposited Item and final settlement is not made, we have the right to charge your Savings Account or obtain a refund from you. In addition, we may charge back any deposited Item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Nor shall we be liable for dishonor resulting from any reversal of credit, return of deposited Items or for any damages resulting from any of those actions.
Qualifications & exceptions
The chargeback right covers unpaid, unauthorized, wrong-account-number and fraud-procured items.
The no-liability rule is qualified by good faith and ordinary care.
Charges & Financial Obligations · Procedure
Direct Deposit is available to eligible depositors and requires payer information
If eligible, a depositor may arrange for all or part of a paycheck or federal or state government benefit or payment, such as a tax refund or Social Security payment, to be transferred directly into the account by an employer or government payer. Amounts over $10,000 may require additional verification. The Bank determines eligibility in its sole discretion and maintains criteria the payer must meet. Enrollment requires giving the employer the Affirm savings account and routing numbers; a form can be generated in the App's Savings Tab. The Bank charges no fees to set up or maintain Direct Deposit.
Details
Who
employer or government payer; Cross River Bank
What it covers
paycheck or government benefit payments by ACH direct deposit
Supporting quotations
C.7. Direct Deposit. If you are eligible for Direct Deposit, you may arrange to have all or part of your paycheck or any federal or state government benefit or payment (e.g., Federal tax refunds or Social Security payments) transferred directly into your personal account by your employer or government payer. Amounts over $10,000 may require additional verification.
We determine eligibility for Direct Deposit in our sole discretion. Bank maintains specific criteria the payer must meet for your deposit to qualify for direct deposit. To enroll, you will need to provide your employer with your Affirm Savings Account account and routing numbers. You can generate a form for your employer that includes these details in the Savings Tab of the Affirm App. We do not charge any fees to set up or maintain Direct Deposit.
Qualifications & exceptions
Eligibility is in the Bank's sole discretion and depends on payer criteria.
Deposits over $10,000 may require additional verification.
No Bank fee is charged to set up or maintain Direct Deposit.
Not stated here
The payer criteria are not stated in this section.
Charges & Financial Obligations · Company practice
Early Direct Deposit access is optional, not guaranteed, and can be ended without notice
The Bank may offer early access to Direct Deposit funds to eligible customers, who may receive funds by approximately 6:00 a.m. PST, up to two days before the scheduled payday. A weekend or bank-holiday deposit date typically moves to the next business day. Early availability depends on when the payer funds the payment and is not guaranteed. If early posting does not occur, funds are made available under the funds availability schedule. Even after funds are available and withdrawn, the depositor remains responsible if a deposit is returned, rejected or otherwise uncollected. The Bank may end early availability at its sole discretion without further notice.
Details
When
approximately 6:00 a.m. PST, up to two days before scheduled payday
Condition
payer timing; weekend or bank holiday moves to next business day
Supporting quotations
We may offer early access to Direct Deposit funds to eligible customers. This means, eligible customers may receive their funds by approximately 6:00 a.m. PST, a maximum of two days before their scheduled payday. If the date of your direct deposit falls on a weekend or bank holiday, it will typically arrive on the next business day. Direct Deposit and the earlier availability of funds are subject to the timing of the payer’s funding and is not guaranteed. We generally make these funds available on the day the payment file is received, which can be a maximum of 2 days earlier than the scheduled payment date. If you do not see your deposit early, contact your employer or sender to better understand their payroll policies.
Any direct deposit that is not posted early will otherwise be made available according to our funds availability schedule. Even after we have made funds available to you and you have withdrawn the funds, you remain responsible if any deposit to your account is returned, rejected, or otherwise uncollected by the Bank. We reserve the right to conclude the early availability of direct deposit at our sole discretion and without any further notice to you.
Qualifications & exceptions
Early access is not guaranteed and depends on the payer's timing.
The Bank may end early availability at its sole discretion and without further notice.
The depositor remains responsible for returned or uncollected deposits even after withdrawal.
Account & Service Control · Procedure
Linking the Debit Card lets card purchases be paid in full from savings unless converted to a loan
A depositor may be able to link the savings account to the Debit Card Account so that card purchases, unless converted to an Affirm loan in the App, are paid in full from the savings account. The separate Affirm Debit Visa Cardholder and Account Agreement provides the details of how the card works.
Details
What it covers
Debit Card purchases paid from the linked Savings Account
Condition
purchase not converted to an Affirm loan in the App
Supporting quotations
D.1. The Debit Card. You may be able to link your Savings Account to your Debit Card Account so that when you make purchases with your Debit Card (and do not choose to convert those purchases to a loan within the App) you pay for those purchases in full from your Savings Account. Please see your Affirm Debit Visa Cardholder and Account Agreement for more details on how the Debit Card works.
Qualifications & exceptions
The card and card account are governed by the separate Affirm Debit Visa Cardholder and Account Agreement, which is not supplied.
A purchase can be converted to a loan in the App instead of being paid from savings.
Not stated here
The card agreement's terms are not in this source.
Charges & Financial Obligations · Procedure
Card purchases provisionally debit savings and become permanent after 48 hours or merchant finalization
When a card purchase is made without requesting a loan first, the Bank provisionally debits the savings account for the purchase amount. Unless the purchase is converted to a loan in the App, the provisional debit becomes a permanent debit after the later of 48 hours or the merchant finalizes the purchase and submits a permanent debit. Provisionally debited amounts are not part of the Available Balance and are unavailable for withdrawal or use. Holds for fraud or other reasons may also be placed when directed by the bank that issues the Debit Card.
Details
When
later of 48 hours or merchant finalization
Condition
purchase not converted to a loan in the App
Supporting quotations
D.2. Authorizations and Provisional Debits for Card purchases When Your Debit Card Account is Linked to Your Savings Account. When you make a purchase with your Debit Card, and you have not requested a loan in the App prior to purchase, we will provisionally debit the funds in your Savings Account equal to the purchase amount. Unless you convert your debit purchase into a loan in the App, we will convert the provisional debit to a permanent debit after the later of either (i) 48 hours or (ii) the merchant finalizes the purchase and submits a permanent debit to your Savings Account. Amounts that are provisionally debited will not be part of your Savings Account’s Available Balance and are unavailable for withdrawal or use. Additionally, holds for fraud concerns or other reasons may be placed on your Savings Account when directed by the bank that issues the Debit Card.
Qualifications & exceptions
This section states 48 hours; the definitions section states 24 hours for the same conversion. The discrepancy is unresolved in the text.
Provisionally debited amounts are excluded from the Available Balance.
Additional holds may be imposed at the direction of the card-issuing bank.
Not stated here
Which timing (24 or 48 hours) controls is not resolved by this source.
The card-issuing bank and its hold practices are not identified in this source.
Withdrawals are limited to EFT transfers in U.S. dollars; wire withdrawals are excluded
E.1 permits withdrawals only in U.S. dollars by EFT, including ACH, by transferring funds to the Linked External Account from which they were deposited or another account or payee the Bank permits. Withdrawals by Wire Transfer are not permitted. Some users may withdraw at ATMs or merchant POS systems, as described in E.2 and the EFT Agreement. Initiating a withdrawal in the App authorizes Cross River Bank to make the selected transaction. The depositor also authorizes transfers from the savings account for Affirm loan payments and, if the card account is connected, transfers to support card activity.
Details
What it does
withdraw by EFT/ACH to Linked External Account or permitted payee
Exception
no Wire Transfer withdrawals
Supporting quotations
E.1. Withdrawals and Transfers from Your Savings Account. You may only withdrawal funds from your Savings Account in U.S. dollars, by EFT, including ACH, by transferring funds to the Linked External Account from which you deposited the funds, or other type of account or payee we may permit from time to time. We do not permit you to withdraw funds from your Savings Account by Wire Transfer. Some users may be able to withdraw funds by ATM or at a merchant POS system. See Section E.2. and the Electronic Fund Transfer Agreement section for more information. By using the App to initiate a withdrawal of funds from your Savings Account, you authorize Cross River Bank to make the transaction you select on the App.
You may authorize transfers from your Savings Account to make payments on loans taken through Affirm. Also, by opting to connect your Savings Account to your Debit Card Account, you are authorizing transfers to be made to support Debit Card Account activity.
Qualifications & exceptions
Wire Transfer withdrawals are excluded.
ATM and merchant POS withdrawals are available only to some users.
Connecting the Debit Card Account authorizes transfers from savings to support card activity.
Account & Service Control · Permission or license
ATM and merchant cashback access is limited to some users with the card linked as Primary Account
Some users whose savings account is linked as the Primary Account for the Debit Card may withdraw cash at ATMs or at merchant POS devices ('Cashback'). Cash cannot be deposited at ATMs. ATM access can be checked in the App's Card Tab, and access is limited to the 50 United States and the District of Columbia. The separate Affirm Visa Debit Cardholder Agreement states ATM withdrawal limits. Neither the Bank nor Affirm charges fees for in-network or out-of-network ATM withdrawals, but an out-of-network ATM provider may charge one; Moneypass ATMs are in-network and locatable in the App. The right to withdraw is subject to the Section E.5 advance-notice right.
Details
Condition
savings account linked as Primary Account for the Debit Card
Where
50 United States and the District of Columbia
Supporting quotations
E.2. Automated Teller Machine (ATM) and Merchant POS Cashback Access. Some users who have an Affirm Savings Account linked as their Primary Account for the Debit Card, may have the ability to withdraw cash from an ATM machine or from a merchant POS device (“Cashback”). You will not have the ability to deposit cash at ATM machines. To see if you have ATM access, please check the Card Tab of the App. ATM and Cashback access is only available in the 50 United States and the District of Columbia.
Check your Affirm Visa Debit Cardholder Agreement for the limits on ATM withdrawals. Neither Bank nor Affirm will charge fees for in-network or out-of-network ATM withdrawals. However, the out-of-network ATM provider may charge you a fee. Moneypass ATMs are considered In-Network ATMs. You can locate In-Network ATMs in the Affirm App.
The right to make withdrawals is subject to Section E.5.
Qualifications & exceptions
Access requires linking the savings account as the Debit Card's Primary Account and is available only to some users.
Cash deposits at ATMs are excluded.
Access is limited to the 50 United States and the District of Columbia.
An out-of-network ATM operator may charge its own fee.
Not stated here
The ATM withdrawal limits are in the separate card agreement, which is not supplied.
The conditions determining which users qualify for ATM access are not stated.
Account & Service Control · Restriction or exception
Bank may subtract debits, require identification and refuse withdrawals over limits or causing overdrafts
The Bank may subtract from the Available Balance any withdrawal or provisional or permanent debit transaction the depositor initiated or approved. It may require the depositor, or anyone the depositor authorizes, to provide acceptable identification, documentation or information before allowing a transaction. Card withdrawals may not exceed the Available Balance. The Bank may refuse a withdrawal by a method it does not permit, that lacks required information, that exceeds applicable frequency or dollar limits, or that would overdraw the account, and it may establish and change maximum withdrawal limits.
E.3. Withdrawal Rules. We may subtract from your Available Balance the amount of any withdrawal or provisional or permanent debit transaction that you initiated or approved. We may require you or any person you authorize to provide us with identification, documentation or information that's acceptable to us before allowing the transaction. You may not make or cause any withdrawal or provisional or permanent debit transaction using your Debit Card (as set forth in the Affirm Debit Visa Cardholder and Account Agreement), that would exceed the Available Balance in your Savings Account. See the Insufficient Funds section below. We may refuse any withdrawal by any method we do not specifically permit for your Savings Account, that does not include all information we require, that would exceed any applicable frequency or dollar limits, or cause your Savings Account to be overdrawn. We reserve the right to establish (and change) maximum dollar limits for withdrawal transactions from time to time.
Qualifications & exceptions
Identification or documentation may be required before a transaction is allowed.
Refusal grounds include unpermitted method, incomplete information, exceeding limits, or causing an overdraft.
The Bank may set and change maximum withdrawal limits.
Not stated here
The applicable frequency and dollar limits are stated in Section F.4 and the card agreement, not in this section.
Account & Service Control · Procedure
Online transfer requests after 1:00 PM Eastern Time may wait until the next Business Day
Online transfer requests received after 1:00 PM Eastern Time, or on a day that is not a Business Day, may not be initiated until the next Business Day.
Details
When
1:00 PM Eastern Time; next Business Day
Supporting quotations
E.4. Cutoff Time. Online transfer requests received by us after 1:00 PM Eastern Time or on a day that is not a Business Day may not be initiated until the next Business Day.
Qualifications & exceptions
The cutoff is 1:00 PM Eastern Time.
Account & Service Control · Restriction or exception
Bank reserves the right to require 7 days' prior written notice for a withdrawal
The Bank reserves the right to require 7 days' prior written notice before a withdrawal. This is a reserved right rather than a stated current requirement.
Details
When
7 days' prior written notice, at the Bank's reservation
Supporting quotations
E.5. Right to Require Advance Notice of Withdrawals. We reserve the right to require 7 days' prior written notice for a withdrawal.
Qualifications & exceptions
The clause states a reserved right; it does not say notice is currently required for every withdrawal.
Not stated here
When or how the Bank would exercise this right is not stated.
Account & Service Control · Company practice
Banks involved in a transfer may rely on the bank or account number provided
Except as required by applicable law, when the depositor instructs the Bank to send a transfer such as an EFT, the Bank, its service providers and every other bank involved may rely on any bank number or account number the depositor provides.
Details
Who
Bank, service providers and every other bank involved
Supporting quotations
E.6. Account Numbers on Fund Transfers. Except as may be required by applicable law, if you instruct us to send a transfer of funds, such as an EFT, we, our service providers, and every other bank involved in the transfer may rely on any bank number or account number you provide.
Qualifications & exceptions
The reliance right is subject to applicable law.
Account & Service Control · Company practice
Bank need not comply with a multiple-signature requirement even if instructed
The Bank is not required to comply with any multiple-signature requirement, even if the depositor has instructed it to do so.
Details not recorded for this card
Supporting quotations
E.7. Multiple Signatures. We are not required to comply with any multiple-signature requirement, even if you have otherwise instructed us to do so.
Qualifications & exceptions
The clause applies even where the depositor gives contrary instructions.
Charges & Financial Obligations · Restriction or exception
Bank may pay an overdraft at its discretion; the depositor must restore the balance and may face reporting or closure
The Bank's general practice is to decline a transaction that would create a negative Available Balance, but it may in its sole discretion pay an Item even when the Available Balance is insufficient. It is not required to continue doing so. The Bank looks at the Available Balance only once to decide. If it pays a transaction that creates a negative balance, the depositor must immediately deposit enough to restore the balance to at least $0.00. The Bank may report the depositor to consumer reporting agencies and close the account, which could affect the ability to open accounts with the Bank or other banks. The depositor authorizes the Bank to use subsequent deposits, including federal or state benefit payments such as Social Security direct deposits, to cover the negative balance, and may change Direct Deposit instructions to avoid that. The Bank may still pursue collection, including suing, after charge-off.
Details
What it does
may pay overdraft; must restore to $0.00; may report to CRAs and close account; may collect after charge-off
Condition
Available Balance insufficient; balance checked once
Supporting quotations
E.8. Insufficient Funds. Our general practice is to decline to pay any transaction that would cause a negative balance on your Savings Account (i.e., your Available Balance is less than the amount of that Item plus all other Items received but not yet paid). However, we may, in our sole discretion, pay the Item even if your Available Balance is insufficient to cover the transaction, resulting in a negative Available Balance. Even if we've paid such items before, we are not required to do it in the future. We look at your Available Balance only once to decide if the Item would cause your Savings Account to have a negative balance. If we pay a transaction that causes your Savings Account to have a negative balance, you must immediately deposit the amount necessary to restore your balance to at least $0.00. We also may report you to consumer reporting agencies, close your Savings Account, or both. This could affect your ability to open accounts with us or other banks in the future. You authorize us to use the money from any subsequent deposits to your Savings Account to pay any negative balance on your Savings Account and restore the balance to at least $0.00. Subsequent deposits include any federal or state benefit payments that you choose to deposit in your Savings Account (including Direct Deposit of Social Security benefits). You understand and agree that if you do not want your benefits applied in this way, you may change your Direct Deposit instructions at any time. We may still pursue collection of the amount you owe (including suing you) after it is charged off.
Qualifications & exceptions
Declining overdrafts is described as general practice, not a guarantee.
The Bank may pay an overdraft in its sole discretion and is not required to repeat that treatment.
The Available Balance is checked only once.
Subsequent deposits, including federal and state benefits, may be applied to the negative balance unless Direct Deposit instructions are changed.
Collection, including litigation, may continue after charge-off.
Not stated here
The section does not state an overdraft fee; the Truth in Savings Disclosure separately states that no fees are charged for an overdraft caused by Debit Card activity.
Security & Safeguards · Permission or license
App and Debit Card instructions are authorized transactions; sharing credentials makes them binding
The depositor authorizes the Bank to establish the savings account and is responsible for all payments and activities directed through the App. If the savings account is linked to the Debit Card Account, the depositor is responsible for and authorizes all card-directed payments, transfers and activities. The App is for the depositor's sole personal use and login credentials must be protected and not shared. App instructions authorize the Bank to debit the account and remit funds. If another person is permitted to use the credentials, the depositor is responsible for their transactions and those transactions are treated as authorized regardless of who entered them. The Bank takes directions only through the App or, if linked, the Debit Card, and will direct the depositor to the App for activities such as ACH transfers. The authorization remains until revoked at least three Business Days before the scheduled transfer, through the Affirm Help Center or by calling (855) 423-3729.
Details
What it does
App and card instructions authorize debits and transfers
Condition
revocation at least three Business Days before the scheduled transfer
Supporting quotations
E.9. Authorization. You hereby authorize the Bank to establish the Savings Account to hold your funds. You are responsible for all payments and activities on your Savings Account that are directed through use of the App. If your Savings Account is linked to your Debit Card Account, you are responsible for and authorize all payments, transfers and activities on your Savings Account that are directed through the use of the Debit Card. We provide the App for your sole and personal use and you must protect your login credentials. When we receive payment instructions from the App it will serve as an authorization for us to debit your Savings Account and remit funds on your behalf. You must not share access to your Savings Account. If you permit another person to use your login credentials, you are responsible for any transactions they authorize from your Savings Account. When you provide your credentials to another person, you also agree transactions initiated and/or requested through the App will be considered authorized by the Bank regardless of who entered such instructions through the App. You further agree that we will not take any direction from you with respect to the Savings Account, other than through the App or the use of your Debit Card if your Debit Card Account is linked to your Savings Account, and the Bank will direct you to App for any and all activities such as ACH transfers. You understand that your authorization will remain in effect until you revoke your authorization at least three (3) Business Days before the transfer is scheduled which you can do by contacting the Affirm Help Center at helpcenter.affirm.com or by calling (855) 423-3729.
Qualifications & exceptions
Sharing credentials makes the other person's transactions binding on the depositor.
The Bank does not take account directions outside the App or a linked Debit Card.
Revocation must occur at least three Business Days before the scheduled transfer.
Charges & Financial Obligations · Procedure
Available Balance subtracts pending charges, unavailable deposits, holds and loan payments
F.1 calculates the Available Balance from the previous day's balance, adding pending credit entries other than pending returns, such as ACH direct deposits, and subtracting pending charges such as electronic payments and permanent debits from card purchases; deposits not yet available for withdrawal; provisional debits and holds, including merchant authorization holds and holds for court orders or other legal requirements; and pending debit entries for Affirm loan repayments. The Bank reserves the right to use a different calculation method in certain states if required by law.
Details
What it covers
Available Balance calculation
Supporting quotations
F.1. Available Balance. Your Available Balance is calculated by taking your previous day's balance, plus any pending credit entries transactions (excluding pending returns), such as ACH direct deposits, and subtracting (a) pending charges such as electronic payments and permanent debits related to Debit Card purchases (b) any amount of deposits that are not yet available for withdrawal, and (c) any provisional debits and/or holds on your Savings Account, such as merchant authorization holds for your Debit Card purchases or holds on funds to comply with court orders or other legal requirements (d) any pending debit entries for Affirm Loan repayments. We reserve the right to use a different calculation method in certain states if required by law.
Qualifications & exceptions
Pending returns are excluded from pending credits.
Holds include court-order and legal-requirement holds, not only merchant authorizations.
State law may require a different calculation.
Not stated here
Which states use a different calculation is not stated.
Charges & Financial Obligations · Procedure
App-initiated ACH transfers are generally available by the third business day, or sixth if held
Funds from ACH transfers the depositor initiates through the App, and from Debit Card Account refunds, are generally available on or before the third business day after the funds settlement date. A transfer may be held if deposits total more than $5,000 on any one day, the Bank reasonably believes a deposit will be returned unpaid, fraud or unlawful activity is suspected, or an emergency such as computer or communications failure occurs. If delayed for those reasons, funds are generally available no later than the sixth Business Day after the deposit day. The Bank may also delay availability as reasonably necessary to comply with law and protect account and system security. ACH Credit Entries are generally available on the day the Bank receives the funds.
Details
When
third business day after settlement; sixth Business Day if held
Condition
deposits over $5,000/day, suspected return, suspected fraud, or emergency
Supporting quotations
F.2. Transaction Availability for ACH Transfers or Debit Card Account Use. Funds received by us from ACH Transfers that you initiate through the App and from Debit Card Account refunds will generally be available on or before the third (3rd) business day after the funds settlement date. The funds settlement date is the date that funds are deemed to be received by the Bank. Transfers may be held if: you make deposits totaling more than $5,000 on any one day; we reasonably believe a deposit will be returned unpaid; we suspect there may be fraud or unlawful activity on your Savings Account; or there is an emergency, such as a failure of computer or communications equipment. If we delay your availability to withdraw funds for any of the above reasons, funds will generally be available no later than the sixth (6th) Business Day after the day of your deposit. However, we may delay the availability of your funds as reasonably necessary to comply with law and protect the security of your Savings Account and our systems. Funds from ACH Credit Entries to your Savings Account will generally be available on the day we receive the funds.
Qualifications & exceptions
The third-day and sixth-day timings are stated as general rules, not guarantees.
A hold is triggered by deposits over $5,000 in one day, suspected return, suspected fraud or unlawful activity, or an emergency.
Law and security may justify further delay.
ACH Credit Entries are treated differently and are generally available the day funds are received.
Charges & Financial Obligations · Procedure
Wire transfer deposits are generally available the first Business Day after receipt
Funds from Wire Transfer deposits are generally available on the first Business Day after the day the Bank receives the deposit.
Details
When
first Business Day after receipt
Supporting quotations
F.3. Transaction Availability for Wire Transfers. Funds from Wire Transfer deposits will generally be available on the first Business Day after the day we receive the deposit.
Qualifications & exceptions
The rule is stated as a general availability rule.
Charges & Financial Obligations · Restriction or exception
Single transactions are limited to $25,000 and daily transactions to $100,000
The limit for a single deposit or withdrawal initiated through the savings account is $25,000, and the limit for all such transactions within a day is $100,000. For larger amounts, the Bank recommends using an external bank to initiate the transaction with the savings account's routing and account numbers. The savings account is also subject to limits in the Truth in Savings Disclosure. The Bank may refuse or delay a transaction request that violates these requirements, and may close the account if the limit is exceeded after the depositor has been notified of a violation. Limits in the Debit Card agreement may be more restrictive.
Details
What it covers
single transaction $25,000; daily aggregate $100,000
Supporting quotations
F.4. Transaction Limits. The limit for a single deposit or withdrawal initiated through the Savings Account is $25,000. The limit for all such transactions made within a day is $100,000. If you wish to deposit or withdraw greater amounts, we recommend using an external bank to initiate the transaction utilizing your Savings Account's routing and account numbers. Your Savings Account is a savings account subject to any limits described in the Truth in Savings Disclosures section. We may either refuse or delay any transaction request that violates these requirements. If you exceed this limit after we've notified you of a violation, we may close your Savings Account. If you have linked your Savings Account to your Debit Card Account, please see your Affirm Debit Visa Cardholder and Account Agreement for limits that apply to your Debit Card Account, which may be more restrictive than the limits stated here.
Qualifications & exceptions
The limits apply to transactions initiated through the Savings Account.
The Bank may close the account after a limit violation and notice.
Debit Card limits may be more restrictive.
Not stated here
The Truth in Savings limits referenced are not separately quantified in that section of this source.
Account & Service Control · Company practice
Notices may be sent by many channels and are deemed delivered when mailed or made available electronically
The Bank and its service providers may communicate about the account by mail, telephone, email, fax, prerecorded message, automated voice, text message or other lawful means. Mailed legal disclosures, notices and account correspondence go to the last mailing address in the Bank's records. Notices are deemed delivered on the day they are mailed or made available electronically. The Bank is not responsible for communications lost in or undelivered by mail or email. Some notices may be available only electronically or only in paper form.
Details
What it does
communicate by mail, telephone, email, fax, prerecorded or automated voice, text or other lawful means
Supporting quotations
G.1. Delivery of Notices. You agree that we and our service providers may communicate with you by mail, telephone, email, fax, prerecorded message, automated voice, text message or other means allowed by law regarding your Savings Account. Any legal disclosures, notices and communications and other Savings Account-related correspondence that we mail to you will be sent via U.S. Mail to the last mailing address shown in our records for your Savings Account. Notices will be deemed to have been delivered on the day we mailed it to you or made it available electronically. We are not responsible for communications or notices lost in, or not delivered by, mail or e-mail. Some notices may only be available electronically or in paper form.
Qualifications & exceptions
Delivery is deemed to occur on mailing or electronic availability, not on actual receipt.
The Bank disclaims responsibility for lost or undelivered mail or email.
Some notices are available only in one form.
Account & Service Control · Company practice
Bank may communicate electronically and may require electronic consent to open the account
The Bank may send communications electronically, such as by email or text message, instead of U.S. Mail or other means unless the law says otherwise. Giving an email address agrees to servicing messages such as fraud alerts and hold alerts at that address. The depositor may be required to agree to electronic communications to open the account. Revoking electronic-communication consent may lead the Bank to close the account or take other action described in the linked E-Sign Signature Consent Agreement.
Details
What it does
send communications electronically; servicing messages by email
Supporting quotations
G.2. Electronic Communication. We may send communications electronically, such as by email or text message, rather than through U.S. Mail or other means, unless the law says otherwise.
If you give us your email address, you agree that we may send servicing messages (such as fraud alerts and hold alerts) related to your Savings Account to that address.
You may be required to agree to communicate with us by electronic means in order to open a Savings Account.
Qualifications & exceptions
Electronic delivery is permitted unless the law says otherwise.
The E-Sign Signature Consent Agreement is linked but not supplied, so its terms are not analyzed here.
Revoking consent can result in account closure.
Not stated here
The E-Sign agreement's contents are not in this source.
Account & Service Control · Company practice
Calls may be recorded and the mobile number authorizes service contact, but not telemarketing
The Bank may record or monitor telephone conversations and need not keep recordings unless the law requires it. Giving a mobile number permits contact at that number about all Cross River Bank accounts. The consent covers text messages, artificial or prerecorded voice messages and automatic dialing for informational and service calls, but not telemarketing or sales calls; it may include companies working on the Bank's behalf. Message and data rates may apply, and preferences may be changed by calling (855) 423-3729.
Details
What it does
record or monitor calls; contact by text, prerecorded voice and autodialer for service
Exception
no telemarketing or sales calls
Supporting quotations
G.3. Telephone Communication. We may record and/or monitor any of our telephone conversations with you. If we do record, we do not have to keep the recordings, unless the law says we must.
When you give us your mobile number, we have your permission to contact you at that number about all of your Cross River Bank accounts.
Your consent allows us and our service providers to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and service calls, but not for telemarketing or sales calls.
It may include contact from companies working on our behalf to service your Savings Account. Message and data rates may apply.
You may change these preferences by calling us at (855) 423-3729
Qualifications & exceptions
The contact consent extends to all Cross River Bank accounts, not only the savings account.
Telemarketing and sales calls are excluded from the consent.
Recordings need not be retained unless law requires.
Not stated here
The retention period for call recordings is not stated beyond the legal minimum.
Account & Service Control · Procedure
Email, mobile number and street address are required; notices bind when sent to the last address
The Bank requires an email address, mobile telephone number and physical street address; a P.O. Box is not accepted as the address. The depositor must promptly notify Affirm of changes to contact information or name, and the Bank may request additional verification. A notice mailed or emailed is binding when sent to the last postal or electronic address in the Bank's records. The Bank may change the address based on a U.S. Postal Service change notice or a correction-service report, and may still use USPS even if electronic communications were elected.
Details
What it covers
email address, mobile telephone number, physical street address
Supporting quotations
G.4. Change in Contact Information. We require you to provide an e-mail address, mobile telephone number, and physical street address (address cannot be a P.O. Box). You are responsible for promptly notifying Affirm of any change to any such contact information or your name. In some instances, we may request additional information for verification purposes. Any notice we mail to you (or email to you if you've told us to communicate with you electronically) will be binding when sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service (USPS) or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address. Even if you elected to receive electronic communications from us, we may still provide you information via the USPS.
Qualifications & exceptions
A P.O. Box is not an acceptable street address.
Notices bind when sent to the last address of record.
The Bank may update the address from USPS or an address-correction service.
Account & Service Control · Restriction or exception
Depositor bears equipment costs; SMS and fax are not written notice
The depositor is responsible for obtaining and maintaining the telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access the App, use the account online, view, save or print documents and receive electronic communications, and for paying related charges. The Bank need not act on instructions given by fax, SMS/text, voicemail, message service or answering machine. Where the agreement or law requires written notice, SMS/text and fax do not count.
Details
What it covers
telecommunications, mobile, broadband, computer, hardware, software and related charges
Supporting quotations
G.5. Communications Equipment and Services. You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access the App and use your Savings Account online; view, save and/or print your Savings Account documents online; and receive any messages or documents you have consented to receive electronically; and for paying all related charges. We are not required to act on any instruction or message from you provided by fax, SMS/text, telephone voice mail, message service or answering machine. Whenever this Agreement or applicable law requires or allows you to give us written notice, we will not consider SMS/text or fax to be written notice.
Qualifications & exceptions
The depositor pays all equipment and service charges.
SMS/text and fax are excluded from written notice.
Account & Service Control · Company commitment
Monthly statements are provided through the App, or by mail if paperless is unavailable
The Bank makes a periodic statement available monthly. The statement is made available through the App, or by mail if a paperless statement cannot be made available. The statement is treated as made available on the day the Bank notifies the depositor that the paperless statement is available or mails the paper statement.
Details
When
monthly
Supporting quotations
G.6. Periodic Statements. We will make available a periodic statement for your Savings Account monthly. We will make your statement available through the App, or by mail if a paperless statement cannot be made available. We have made the statement available to you on the day we notify you that the paperless statement is available or we mail your paper statement.
Qualifications & exceptions
Electronic delivery through the App is the default; paper is a fallback when paperless cannot be made available.
Security & Safeguards · Restriction or exception
Bank may block, freeze or delay transactions for listed risk, legal and account-status reasons
H.1 states that the Bank may decline or prevent any or all transactions in its sole discretion as permitted by law, and may refuse, freeze, reverse or delay a withdrawal, payment or transfer or remove funds to hold them pending investigation. The listed circumstances, introduced as non-exhaustive, are: a zero balance for at least 90 days; an inactive account; relocating outside the U.S. or a U.S. territory where the account is offered; attempting business use; involvement in a legal or administrative proceeding; conflicting ownership, control or activity information; suspected fraud, scam or financial exploitation even where the transaction was authorized; suspected illegal or fraudulent activity; compliance with federal, state or local law, sanctions or anti-money-laundering rules or related policies; or a reasonable belief that blocking is necessary to avoid loss or reduce risk.
Details
What it does
decline, prevent, refuse, freeze, reverse, delay or hold funds pending investigation
Supporting quotations
H.1. Restricting Your Savings Account; Blocking and Delaying Transactions. There are many reasons we may decline or prevent transactions to or from your Savings Account, but we generally do it to protect you or us, or to comply with legal requirements. We may decline or prevent any or all transactions to or from your Savings Account in our sole discretion, as permitted by applicable law. We may refuse, freeze, reverse or delay any specific withdrawal, payment or transfer of funds to or from your Savings Account, or we may remove funds from your Savings Account to hold them pending investigation, including, but not limited to, in one or more of the following circumstances:
You maintain your Savings Account at zero balance for at least 90 days;
Your Savings Account is inactive;
You relocate outside of the U.S. or any U.S. territory where we offer the Savings Account;
You attempt to use your Savings Account for business purposes;
Your Savings Account is involved in any legal or administrative proceeding;
We receive conflicting information or instructions regarding Savings Account ownership, control or activity;
We suspect that you may be the victim of a fraud, scam or financial exploitation, even though you have authorized the transaction(s);
We suspect that any transaction may involve illegal activity or may be fraudulent;
We are complying in our sole judgment, with any federal, state or local law, rule or regulation, including federal asset control and sanction rules and anti-money laundering rules, or with our policies adopted to assure that we comply with those laws, rules or regulations; or
We reasonably believe that doing so is necessary to avoid a loss or reduce risk to us.
Qualifications & exceptions
The list is expressly non-exhaustive.
Suspected fraud or exploitation can justify blocking even an authorized transaction.
The Bank acts in its sole discretion, as permitted by applicable law.
Not stated here
The investigation process and any notice to the depositor are not described in this section.
Account & Service Control · User right or choice
Depositor may request closure, but the Bank need not close an account with pending or unresolved issues
The depositor may notify the Bank at any time to close the savings account. The Bank is not required to close it if there are pending transactions, the account is overdrawn, the account is linked to a Debit Card Account with unpaid card obligations, or the account is subject to investigation, review or legal process such as garnishment, attachment, execution or levy. In those cases the Bank restricts future withdrawals other than under legal process until pending transactions are paid or returned, the balance is no longer negative and any legal restriction is released. A positive balance must be transferred to a Linked External Account; if none exists, the depositor may call the Bank for help obtaining it. The balance must be $0.00 before the account is closed.
Details
Condition
no pending transactions, no overdraft, no unpaid card obligations, no investigation or legal process
Supporting quotations
H.2. You May Close Your Savings Account. You may notify us at any time to close your Savings Account. However, we are not required to close your Savings Account at your request if you have pending transactions, your Savings Account is overdrawn, you have opted to link your Savings Account to your Debit Card Account and you have unpaid obligations related to the use of your Debit Card, or your Savings Account is subject to investigation, review, legal process (such as a garnishment, attachment, execution, levy or similar order). In those cases, we will restrict your Account against all future withdrawals other than under legal process until pending transactions are paid or returned, the balance is no longer negative, and any legal restriction has been released. If your balance is greater than zero, you must transfer your remaining balance to a Linked External Account. If you do not have a Linked External Account, please call us at the number above and we will help you to obtain your remaining balance. Your Savings Account balance must be $0.00 before your Savings Account will be closed.
Qualifications & exceptions
Closure is not available at the depositor's request while the listed conditions persist.
A positive balance must first be transferred to a Linked External Account.
The account balance must be $0.00 before closure.
Account & Service Control · Permission or license
Bank may close the account at any time without reason or notice and disclaims liability
The Bank may close the savings account at any time, for any reason or no reason, with or without prior notice. On closure the balance is returned electronically to a Linked External Account or by check sent by mail. The Bank states it has no liability for any action it takes under this section. It may close an account that has held a continuous $0.00 balance for 175 days.
Details
What it does
close the account; return balance to Linked External Account or by check
Supporting quotations
H.3. We May Close Your Savings Account. We may also close your Savings Account at any time, for any reason or no reason, with or without prior notice to you. If we close your Savings Account, your Savings Account balance will be returned to you electronically to a Linked External Account or by check sent to you by mail. We will have no liability for any action we take under this section. We may close your Savings Account if it has had a continuous balance of $0.00 for 175 days.
Qualifications & exceptions
Closure may occur without prior notice and without a stated reason.
The Bank disclaims liability for actions under the closure section.
A continuous $0.00 balance for 175 days is a stated closure ground.
Account & Service Control · Restriction or exception
Closing restrictions stop additional interest and the agreement survives closure
The Bank may restrict the account in preparation for closing or when the account is subject to investigation, review or legal process. During restriction the Bank pays no additional interest and may limit deposits and withdrawals. It may send written notice that it has closed or will close the account and return the balance less any fees, claims, setoffs or other amounts. The agreement survives closure, and the depositor remains responsible for obligations incurred before or in connection with closing. After closure the Bank need not accept deposits or pay outstanding transfer requests, but it may reopen the account if a deposit is received.
Details
Condition
preparation for closing, investigation, review or legal process
Supporting quotations
H.4. Rules for Closing Your Savings Account. We may restrict your Account in preparation for closing and/or if your Savings Account is subject to investigation, review, legal process (such as a garnishment, attachment, execution, levy or similar order). As we do so, we will not pay any additional interest on your Savings Account, and we may limit deposits to, or withdrawals from, your Savings Account. We may send you written notice that we have closed or will close your Savings Account and return the balance less any fees, claims, setoffs or other amounts. This Agreement will survive the closing of your Savings Account and you are still responsible for obligations incurred prior to or in connection with the closing of your Savings Account. After your Savings Account is closed, we have no obligation to accept deposits or pay any outstanding transfer requests, but we may reopen your Savings Account if we receive a deposit.
Qualifications & exceptions
No additional interest is paid during a closing restriction.
The returned balance may be reduced by fees, claims, setoffs or other amounts.
The Bank may reopen the account if it receives a deposit.
Charges & Financial Obligations · Company practice
Promotions and optional Affirm subscriptions may carry separate terms and fees
The Bank may offer promotions from time to time, and their terms may change with or without notice in accordance with applicable law. Affirm may also offer optional subscription programs subject to their own fees, under separate terms and conditions.
Details
What it covers
promotions; optional Affirm subscription programs
Supporting quotations
I.1. Promotions. We may offer promotions from time to time. The terms of these promotions may change with or without notice to you in accordance with applicable law. From time to time, Affirm may also offer optional subscription programs subject to their own fees. For details see applicable terms and conditions.
Qualifications & exceptions
Promotion terms may change without notice where the law permits.
Subscription programs are optional and carry their own fees and terms.
Not stated here
The specific promotions, subscription prices and terms are not stated in this source.
Charges & Financial Obligations · Company practice
APY boosts are optional, action-based and governed by separate terms
If the depositor is eligible, Affirm may offer APY boosts for specific actions taken within a calendar month. A boost is a specified increase in the APY for the Affirm savings account. Eligibility is shown in the App, and the relevant boost terms and conditions govern details.
Details
When
specific actions within a calendar month
Supporting quotations
I.2. APY Boosts. If you are eligible, Affirm may offer you APY boosts (“Boost”), for specific actions taken by you within a calendar month. An APY boost is a specified increase in your APY for your Affirm Savings Account. To see if you are eligible for a Boost, please see the App. For details, see the relevant terms and conditions for the Boost you participate in.
Qualifications & exceptions
Eligibility is required.
The boost applies to specific actions within a calendar month.
Separate boost terms govern.
Not stated here
The boost amounts and qualifying actions are not stated in this source.
Security & Safeguards · Procedure
Depositor must protect Access Credentials and devices and report unauthorized access
The depositor is responsible for protecting Access Credentials and the devices used to access the savings account, and must not share that information. The depositor should notify Affirm immediately if the account has been accessed without permission. The Electronic Fund Transfer Agreement contains further rights and responsibilities for unauthorized use.
Details
What it covers
Access Credentials; devices used to access the account
Supporting quotations
J.1. Security. It is your responsibility to protect your Access Credentials and the devices on which you access your Savings Account. Do not share this information with anyone. Please notify Affirm immediately if you believe your Savings Account has been accessed without your permission. See the Electronic Fund Transfer Agreement for more information about your rights and responsibility in the event of unauthorized use of your Savings Account.
Qualifications & exceptions
Credential and device protection is the depositor's responsibility.
Unauthorized access should be reported immediately.
Account & Service Control · Restriction or exception
Account is individually owned and joint owners cannot be added
The Bank treats the savings account as an individually owned account. A joint owner may not be added.
Details not recorded for this card
Supporting quotations
J.2. Savings Account Ownership. We will treat this Savings Account as an individually-owned account. You may not add a joint-owner to your Savings Account.
Qualifications & exceptions
No joint ownership is available.
Account & Service Control · Restriction or exception
Account interests cannot be assigned without written Bank consent and remain subject to setoff
The depositor may not assign or transfer any interest in the savings account unless the Bank agrees in writing. Any permitted assignment remains subject to the Bank's setoff rights. The agreement binds the depositor's personal representative, executors, administrators and successors, and the Bank's successors and assigns.
Details not recorded for this card
Supporting quotations
J.3. Assignment of Agreement and Successors. You may not assign or transfer any interest in your Savings Account unless we agree in writing. Any permitted assignment of your Savings Account is subject to our setoff rights. This Agreement will be binding on your personal representative, executors, administrators and successors, and on our successors and assigns.
Qualifications & exceptions
Written Bank consent is required for any assignment.
Permitted assignments remain subject to setoff.
Legal Rights & Agreement Rules · Permission or license
An accepted power of attorney lets an agent act, but the Bank may refuse or follow instructions without liability
A power of attorney authorizes an agent to sign for and act for the depositor, including withdrawing or spending all the money in the account. The depositor must provide a form the Bank agrees to accept, and the Bank may rely on a copy of an original. The Bank is not required to investigate the signature's authenticity or whether the agent still has authority. It may follow or refuse the agent's instructions at any time, including on suspected fraud or abuse, unless applicable law requires otherwise. It may refuse an agent's request to become a joint owner or beneficiary. The Bank states it has no liability when it follows or refuses an agent's instructions, including if the agent misuses the authority.
Details
Who
agent under a power of attorney; Cross River Bank
Supporting quotations
J.4. Power of Attorney. A power of attorney is a document you sign that authorizes someone else, called the agent, to act on your behalf. If you sign a power of attorney, the agent can sign on your behalf and do anything you could do regarding your Savings Account, including withdrawing or spending all of the money in your Savings Account. Do not sign a power of attorney unless you trust the agent to act in your best interest. If you choose to add an agent, you must provide a power of attorney form that we agree to accept. We may rely on a copy of an original power of attorney. We are not required to investigate the facts relating to any power of attorney provided to us on your behalf, including whether your signature on the power of attorney is authentic or whether the agent continues to have authority. We may follow or refuse to follow the agent's instructions at any time, including if we suspect fraud or abuse on your Savings Account, unless applicable law requires otherwise. We may also refuse an agent's request to become a joint owner or a beneficiary of a Savings Account, but we have no liability to anyone if we do so. We have no liability when we follow or refuse to follow any instructions from an agent, for example, if your agent misuses the authority you have given them.
Qualifications & exceptions
The Bank must agree to accept the power-of-attorney form.
The Bank may follow or refuse agent instructions and need not investigate authenticity or continuing authority.
The Bank disclaims liability for following or refusing agent instructions.
Account & Service Control · Procedure
Death or court-declared incompetence must be reported; the Bank may freeze funds until documents establish entitlement
An agent, attorney, personal representative, executor, administrator or successor must tell the Bank immediately if the depositor dies or is declared incompetent by a court. The Bank may act as if the depositor is alive and competent until it receives notice. After notice it may freeze the balance, refuse transactions and reverse or return deposits. It need not release funds until it receives documents it reasonably requests to verify death or incompetence and who is entitled to the funds. If the depositor dies while residing outside the United States, the Bank may require a U.S. court-appointed personal representative. The estate must repay any tax liability the Bank incurs from paying the balance to the estate. A transaction authorized before death may be paid if presented later. A debt owed at death allows setoff or security-interest rights against the balance. Disbursement may await documents verifying the death or incompetence and the new person's authority.
Details
Condition
notice of death or court-declared incompetence; documents verifying entitlement
Supporting quotations
J.5. Death or Incompetence of Account Owner. Your agent, attorney, personal representative, executor, administrator, or successor must tell us immediately if you die or are declared incompetent by a court. We may act as if you are alive and competent until we receive notice otherwise. After we receive notice of your death or incompetence, we may freeze your balance, refuse to accept transactions, and reverse or return deposits. We are also not required to release your funds until we receive any documents we reasonably request to verify your death or incompetence, as well as who is entitled to the funds. If you die while residing outside the United States, we may require a personal representative to be appointed by a court in a United States jurisdiction. If we have any tax liability because of paying your balance to your estate, the estate will be responsible for repaying us the amount of that tax. If you authorize any transaction, but it's not presented for payment until after you die or are declared incompetent, we are authorized to pay the transaction. If you owe us a debt at the time of your death, we are authorized to exercise our right of setoff (our right to apply funds in one Account to the debt associated with another account) or security interest rights against the funds credited to your balance after your death. We are also not required to disburse funds until we receive any documents we reasonably request to verify your death or incompetence and to establish a new person's authority to act in transacting on or closing your Savings Account.
Qualifications & exceptions
The Bank may act as if the depositor is alive and competent until notice.
Freezing, refusing transactions and reversing deposits are permitted after notice.
Release of funds may await reasonably requested documents.
A non-U.S. resident's estate may require a U.S. court-appointed personal representative.
Not stated here
The specific documents the Bank will request are not listed.
Legal Rights & Agreement Rules · Company practice
Conflicting instructions or disputes may lead the Bank to restrict funds or file an interpleader
If instructions conflict or there is a dispute about the savings account, the Bank may take any action described in the Restricting Your Account; Blocking and Delaying Transactions section, or may place funds with a court in an interpleader action. The Bank need not decide whether a dispute has merit before acting. It may act without liability and without advance notice unless the law requires notice.
Details not recorded for this card
Supporting quotations
J.6. Adverse Claims. If there are conflicting instructions or there is any dispute regarding your Savings Account, we may take any action described in the Restricting Your Account; Blocking and Delaying Transactions section above, or we may place funds in a court (this is called an interpleader action) for resolution. If any person notifies us of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless the law says otherwise.
Qualifications & exceptions
The Bank need not assess the merits of the dispute before acting.
Actions may be taken without liability or advance notice unless law requires otherwise.
Charges & Financial Obligations · Restriction or exception
Bank has a right of setoff and security interest in all accounts, including deposited benefits
If the depositor owes a debt to the Bank or any affiliate, now or in the future, the depositor grants a right of setoff and a security interest in all accounts with the Bank. Debts include overdrafts and fees, and amounts owed by another person if the depositor guaranteed them. If a debt is due or overdue, the Bank may use funds in any account to pay all or part of it. The security interest is governed by Uniform Commercial Code Article 9 as adopted by state law, whether or not Article 9 applies by its terms. No prior notice is required. The rights extend to electronically deposited federal or state benefit payments, including Social Security, as permitted by law; Direct Deposit instructions can be changed to avoid that treatment. Setoff does not apply to a debt created under a personal credit card plan. If federal benefits are deposited after the depositor becomes ineligible, the Bank may set off to recover them if obligated to return funds to the payor.
Details
What it does
setoff and security interest in all accounts; apply funds to due or overdue debts
Exception
debt created under a personal credit card plan
Supporting quotations
J.7. Setoff and Security Interest. If you owe a debt to us or any of our affiliates (either now or in the future), you grant us a right of setoff to, and a security interest in, all of your accounts with us to secure the debt. Debts include any overdrafts or fees you owe, as well as amounts owed us by another person or entity if you have guaranteed that you will pay their debts. If the debt is due or overdue, we may use the funds in any of your accounts to pay all or part of the debt. Our security interest will be governed by Uniform Commercial Code Article 9 (as adopted by the applicable state law) whether Article 9 applies by its terms or not. We do not have to give you any prior notice to apply the funds. You expressly agree that our rights extend to any electronically deposited federal or state benefit payments (including Social Security benefits), as permitted by law. If you don't want your benefits applied in this way, you may change your Direct Deposit instructions at any time with the person or organization paying the benefits. The right of setoff does not apply if the debt is created under a personal credit card plan. If any federal benefits or other payments are deposited to your Savings Account after you become ineligible to receive them, we may set off against any of your accounts to recover the payments if we're obligated to return funds to the payor.
Qualifications & exceptions
The right covers all accounts with the Bank, not only the savings account.
It extends to federal and state benefit payments, including Social Security, as permitted by law.
No prior notice is required.
A debt under a personal credit card plan is excluded from setoff.
Legal Rights & Agreement Rules · Context
Failure to exercise a right does not waive it
If the Bank fails to exercise a right, that failure does not waive that right or any other right, and the Bank may enforce all rights later.
Details not recorded for this card
Supporting quotations
J.8. No Waiver. If we fail to exercise any right, that doesn't mean that we waive that right or any other right, and we may still enforce all of our rights in the future.
Qualifications & exceptions
The clause preserves future enforcement.
Legal Rights & Agreement Rules · Company practice
Bank may change terms, fees and features at any time; continued use accepts amendments
The Bank may change the agreement's terms, including fees and features of the savings account, at any time. It will notify the depositor when applicable law requires. Continued use of the savings account evidences agreement to amendments. Notices are made available on the App or delivered electronically using the most recent contact information on file.
Details
What it does
change terms, fees and features; notify when legally required
Supporting quotations
J.9. Changes to the Agreement. We may change the terms of this Agreement, including fees and features of your Savings Account, at any time. We will notify you of any such change when required by applicable law. Your continued use of your Savings Account evidences your agreement to any amendments. Notices will be made available on the App, or delivered electronically using the most recent contact information we have on file for you.
Qualifications & exceptions
Changes may be made at any time.
Notice is required only when applicable law requires it.
Continued use is treated as acceptance of amendments.
Legal Rights & Agreement Rules · Procedure
Bank complies with legal process without judging validity and may charge the depositor for compliance costs
The depositor authorizes the Bank to comply with any legal process relating to the account. Legal process means any document appearing to have the force of law that requires the Bank to hold or pay out funds, including garnishment, attachment, execution, levy or similar order. The Bank need not determine whether the process was validly issued or enforceable. If an action, administrative proceeding, garnishment, tax levy, restraining order or similar action is brought against the depositor or account, the depositor is liable for the Bank's loss, cost or expense, including attorneys' fees, from compliance. The Bank is also authorized to comply with a subpoena, court order or request for information or documents from a government entity or arbitration panel.
Details
What it does
comply with legal process; depositor liable for resulting loss, cost or expense
Supporting quotations
J.10. Research, Legal Process and Requests for Information. If we receive any legal process relating to you or your Savings Account, you authorize us to comply with it. "Legal process" means any document that appears to have the force of law that requires us to hold or pay out funds from your Savings Account, including a garnishment, attachment, execution, levy or similar order. We do not have to determine whether the legal process was validly issued or is enforceable. If any action, including administrative proceedings, garnishment, tax levies, restraining orders or another action is brought against you or your Savings Account, you will be liable to us for any loss, cost or expense (including attorneys' fees) resulting from our compliance with any legal process. If we receive any subpoena, court order or request for information or documents from a government entity or arbitration panel relating to your Savings Account, we are authorized to comply with it.
Qualifications & exceptions
The Bank does not judge the validity or enforceability of legal process.
The depositor bears the Bank's compliance costs, including attorneys' fees.
Requests from government entities and arbitration panels are included.
Account & Service Control · Restriction or exception
Account may not be used for illegal activity and gambling transactions may be refused
The depositor agrees not to use the savings account for any illegal activity. The Bank may also refuse any gambling transaction, whether lawful or not.
Details not recorded for this card
Supporting quotations
J.11. Illegal Activities and Gambling Transactions. You agree not to use your Savings Account for any illegal activity. We may also refuse any gambling transaction, whether lawful or not.
Qualifications & exceptions
Gambling may be refused even if lawful.
Account & Service Control · Context
Inactive or abandoned accounts follow state law; activity can prevent that status
State laws determine when an account is inactive or abandoned and when the Bank must send funds to the state. The account may be considered inactive or abandoned unless, within a period set by law, the depositor contacted the Bank or conducted activity related to the account, such as depositing or withdrawing funds; certain preauthorized and automatic deposits or withdrawals may be excluded. The list of activity examples continues after this packet.
Details
Condition
contact or account activity within the state-law period
Supporting quotations
J.12. Inactive and Unclaimed Accounts. Each state has laws that govern when accounts are considered inactive or abandoned, and when we're required to send a customer's funds to the state. Your Savings Account may be considered inactive or abandoned unless you have, within a specified period of time, contacted us or conducted activity related to your Savings Account, including for example by:
Depositing or withdrawing funds (may exclude certain preauthorized and automatic deposits or withdrawals);
Qualifications & exceptions
The applicable period is set by the law of the depositor's state of residence.
Some preauthorized and automatic deposits or withdrawals may not count as activity.
Not stated here
The state-specific inactivity period is not stated in this source.
Account & Service Control · Context
Updating the address, signing in, or writing or calling also count as account activity
The J.12 list also treats contacting the Bank to update the address, signing in to the savings account, and writing or calling about the account as activity that may prevent inactive or abandoned status. The list is introduced as examples.
Details not recorded for this card
Supporting quotations
Contacting us to update your address;
Signing in to your Savings Account; or
Writing or calling us concerning your Savings Account.
Qualifications & exceptions
The list is introduced with 'including for example', so it is non-exhaustive.
Account & Service Control · Procedure
Unlocated inactive accounts are delivered to the state as abandoned property
After a period set by the law of the depositor's state of residence, if the Bank cannot locate the depositor it must deliver the savings account to the state as abandoned property. The depositor must then apply to the state to recover the funds. If the account is or has been inactive, the Bank may in its discretion refuse withdrawal requests until it verifies that the depositor authorized the request.
Details
Condition
state-law period elapsed; depositor not located
Supporting quotations
After a specified period of time determined by the law of the state of your residence (as shown in our records), if we are not able to locate you, we will be required to deliver your Savings Account to the state as abandoned property. You will then need to apply to the state for return of your funds. If your Savings Account is or has been inactive, we may, in our discretion, refuse to honor requests for withdrawals on your Savings Account until after we have verified that you have authorized the withdrawal request.
Qualifications & exceptions
The period is determined by the law of the depositor's state of residence.
Inactive accounts may face withdrawal verification before payment.
Not stated here
The state-specific abandonment period is not stated in this source.
Sharing & Disclosure · Company practice
Bank may report account information to consumer reporting agencies
The Bank may report information about the depositor or the savings account to a consumer reporting agency.
Details
Who
Cross River Bank; consumer reporting agency
Supporting quotations
J.13. Reporting to Consumer Reporting Agency; Disputes. We may report information about you or your Savings Account to a consumer reporting agency.
Qualifications & exceptions
The clause does not specify what information or which agencies.
Not stated here
The specific consumer reporting agencies and data fields are not stated.
Legal Rights & Agreement Rules · User right or choice
Depositor may dispute reported information with the agency or directly with Affirm
If the depositor believes reported information is inaccurate or incomplete, the depositor may file a dispute with the consumer reporting agency or submit a dispute directly to Affirm by writing to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. A direct dispute should include name, address and phone number; account number; the specific information disputed; an explanation of why it is inaccurate or incomplete; and supporting documentation.
Details
What it does
file dispute with agency or directly with Affirm
Supporting quotations
If you believe that we have reported inaccurate or incomplete information about your Savings Account to a consumer reporting agency, you have the right to file a dispute with that consumer reporting agency. You may also submit a dispute directly to us by writing to us at Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. Provide your name, address and phone number; your account number; the specific information you are disputing; an explanation of why it is inaccurate or incomplete; and any supporting documentation.
Qualifications & exceptions
Two dispute routes are available: the consumer reporting agency or Affirm directly.
The direct dispute should include the listed identifying information and supporting documents.
New Jersey and federal law govern the account; the agreement prevails over employee statements
The Bank is located in New Jersey, holds the account in New Jersey and enters the agreement there. Except as the Arbitration section provides otherwise, the agreement and account are subject to applicable federal law and New Jersey law without conflict-of-law principles. If a provision is unenforceable, the remaining provisions continue. Transactions are also subject to ACH Rules, other clearinghouse rules and Federal Reserve rules. Changes in law may change the account terms, and the Bank will notify as required. If the agreement conflicts with statements by an employee or third-party service provider, the agreement governs.
Details
Where
New Jersey; applicable federal law
Supporting quotations
J.14. Rules Governing Your Savings Account. We are located in New Jersey. We hold your Savings Account in New Jersey. We enter into this Agreement with you in New Jersey. Except as otherwise provided in the Arbitration section, this Agreement and your Savings Account are subject to applicable federal laws and laws of the State of New Jersey, without regard to internal principles of conflicts of law. Except as otherwise provided in the Arbitration section, if any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. Transactions in your Savings Account are also subject to the ACH Rules, other applicable clearinghouse and Federal Reserve rules and regulations. Changes in these laws may change the terms and conditions of your Savings Account. We will notify you of any changes as required by law. If this Agreement conflicts with any statements made by one of our employees or by a third-party service provider, this Agreement will govern.
Qualifications & exceptions
The Arbitration section is carved out of the governing-law clause.
The agreement controls over employee or third-party statements.
Changes in law may change the terms.
Legal Rights & Agreement Rules · Restriction or exception
Liability is limited for following instructions and for certain payment errors, with a statutory carve-out
The Bank, its service providers, agents, officers, directors and employees, and related affiliates (the Indemnified Parties), are not liable for anything they do when following the depositor's instructions. They also are not liable for not following instructions when they reasonably believe the instructions would expose them to loss or civil or criminal liability or conflict with customary banking practices. They are not liable for indirect, special or consequential damages regardless of the form of action, even if advised of the possibility. If the Bank fails to stop payment on an Item or pays an Item with an unauthorized or forged signature, endorsement or alteration, its liability is limited to the Item's face amount. The limitation does not apply where the governing law expressly prohibits it, and it survives termination.
Details
What it does
limit liability for following or refusing instructions and for certain Item errors
Supporting quotations
J.15. Limitation of Liability. You agree that we, our service providers, agents, officers, directors, and employees (and the same of our subsidiaries and affiliates and our subsidiaries and affiliates themselves) (collectively, the Indemnified Parties) will not be liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such Indemnified Party doesn't follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM. The foregoing limitation of liability will not apply where expressly prohibited by the laws governing your Savings Account. This Limitation of Liability section will survive termination of your Savings Account.
Qualifications & exceptions
The limitation yields where the governing law expressly prohibits it.
The face-amount cap covers stop-payment failures and forged or altered Items.
The limitation survives account termination.
Legal Rights & Agreement Rules · Restriction or exception
Depositor indemnifies the Bank except for gross negligence or willful misconduct
Except as required by applicable law, the depositor indemnifies and holds the Indemnified Parties harmless from losses arising in connection with the services, except losses from the Bank's own gross negligence or willful misconduct. The depositor also holds them harmless for actions taken or omitted in good faith in reliance on the depositor's instructions. The Indemnified Parties are not responsible for third-party actions or omissions. If the depositor gives instructions the Bank believes may expose it to liability, the Bank may refuse to follow them without liability; if it follows them, it may require protections such as a surety bond or indemnity agreement. The section survives termination.
Details
Exception
losses from the Bank's gross negligence or willful misconduct
Supporting quotations
J.16. Indemnification. Except as required by applicable law, You agree to indemnify and hold the Indemnified Parties harmless from and against losses arising in connection with the services provided under this Agreement, except for losses arising out of our own gross negligence or willful misconduct. You further agree to hold the Indemnified Parties harmless from losses arising out of actions taken or omitted in good faith by us in reliance upon instructions from you. The Indemnified Parties are not responsible for any actions or omissions by any third party. If you give us instructions that we believe may expose us to potential liability, we may refuse to follow your instructions and we will not be liable to you if we refuse to follow your instructions. If we do choose to follow your instructions, we may ask you for certain protections such as a surety bond or an indemnity agreement in a form that is satisfactory to us. This Indemnification section will survive termination of your Savings Account(s).
Qualifications & exceptions
The indemnity excludes the Bank's own gross negligence or willful misconduct.
The Bank may refuse risky instructions or require a surety bond or indemnity agreement.
The section survives termination.
Charges & Financial Obligations · Context
Pre-judgment interest follows the account's rate unless state law requires otherwise
If either party is awarded a judgment against the other in connection with the savings account, the rate of interest earned before judgment on the judgment amount is the rate the account earned during that period, unless applicable state law requires a different rate.
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Supporting quotations
J.17. Pre-Judgment Interest Rate. If either of us is awarded a judgment against the other in connection with your Savings Account, the rate of interest earned before the judgment on the judgment amount will be the rate of interest your Savings Account earned during that period, unless a different rate is required by applicable state law.
Qualifications & exceptions
State law may require a different pre-judgment rate.
Legal Rights & Agreement Rules · Context
Liability limits do not negate good faith and reasonable care; invalid terms are replaced
A provision limiting the Bank's liability does not negate the Bank's duty, if any, under applicable law to act in good faith and with reasonable care. If a provision limiting liability is prohibited by law or otherwise unenforceable, the parties agree to replace it with a valid and enforceable term that comes closest to the original intention, and the agreement is enforceable as modified.
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Supporting quotations
J.18. Severability. Any provision of this Agreement that limits the Bank's liability does not negate the Bank's duty (if any) under applicable law to act in good faith and with reasonable care. If any provision of this Agreement is determined to limit the Bank's liability in a way prohibited by applicable law, or to be otherwise unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement will be enforceable as so modified.
Qualifications & exceptions
The good-faith and reasonable-care duty is preserved.
Invalid terms are replaced rather than necessarily voiding the agreement.
Legal Rights & Agreement Rules · Restriction or exception
Disputes with the Bank or Indemnified Parties are resolved by final binding arbitration
The agreement includes a binding arbitration provision, and the section warns that arbitration replaces the right to go to court and to a jury, with a right to opt out as described below. A dispute or claim arising or that may arise between the depositor and the Bank or any other Indemnified Party, relating to the agreement, the account or services, advertising, or the relationship or transactions, if not resolved informally, is resolved exclusively by final and binding arbitration upon demand by either side rather than in court. Individual claims may still be brought in small claims court if they qualify, and issues may be brought to federal, state or local agencies. By entering the agreement, both sides waive jury trial and class action participation. A neutral arbitrator, not a judge or jury, determines the rights, and the Federal Arbitration Act governs interpretation and enforcement.
Details
What it does
final and binding arbitration on demand by either party
Exception
individual small claims court; federal, state or local agencies
Supporting quotations
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ARBITRATION REPLACES THE RIGHT TO GO TO COURT AND THE RIGHT TO HAVE A JURY DECIDE A DISPUTE. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.
This section is referred to as the Arbitration Agreement. If you have a dispute with any Indemnified Party, and are not able to resolve the dispute informally, you and we agree that upon demand by either you or the Indemnified Party, the dispute will be resolved through the arbitration process as set forth in this section.
You agree that if you have a dispute or claim that has arisen or may arise between you and the Bank or any other Indemnified Party, whether arising out of or relating to this Agreement (including any alleged breach thereof), your Savings Account and services provided under this Agreement, any advertising, any aspect of the relationship or transactions between us, and you are not able to resolve the dispute or claim informally, you and we agree that upon demand by either you or the Indemnified Party, the dispute or claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and the Bank are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Qualifications & exceptions
Small claims court remains available for qualifying individual claims.
Agencies may still receive issues and, where the law allows, seek relief.
The Federal Arbitration Act governs interpretation and enforcement.
The opt-out right is described in the same section.
Cross-references
referred to by (model-proposed): Cover notice announces binding arbitration and class-action waiver — The cover notice points readers to Section I.19 for the arbitration provision. The operative arbitration section appears under J.19, and p10-arbitration-scope records the binding arbitration and jury/class waiver terms. The citation mismatch is recorded separately as a reference issue.
Legal Rights & Agreement Rules · Context
Arbitration covers affiliated Indemnified Parties, which must be named in the proceeding
The arbitration agreement applies whenever a claim exists between the depositor and the Bank. If a third party, such as an Indemnified Party other than the Bank, is involved in that claim, or if a dispute arises between the depositor and such an Indemnified Party relating to the agreement or account, the claim is decided in arbitration with respect to the third party as well, and the third party must be named under the arbitration rules. The arbitrator may award relief only on behalf of or against a named party.
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Supporting quotations
This Arbitration Agreement applies whenever there is a claim between you and us. If a third party, such as an Indemnified Party other than the Bank, is also involved in a claim between you and us, or if a dispute arises between you and an Indemnified Party other than the Bank relating to this Agreement or your Savings Account, then the claim will be decided with respect to the third party in arbitration as well, in accordance with this Arbitration Agreement, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party.
Qualifications & exceptions
Affiliated Indemnified Parties can be brought into the arbitration.
A third party must be named to receive or owe relief.
Legal Rights & Agreement Rules · User right or choice
Small claims court remains available, but refusing arbitration after demand shifts compelling costs
Both sides retain the right to pursue in small claims court, or an equivalent state court, a dispute within that court's jurisdiction, so long as it stays in that court and advances only an individual claim. If either side fails to submit to binding arbitration of an arbitrable dispute after a lawful demand, the failing party bears all costs and expenses the other incurs in compelling arbitration.
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Supporting quotations
You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court's jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing shall bear all costs and expenses incurred by the other in compelling arbitration.
Qualifications & exceptions
The small-claims route is limited to individual claims within the court's jurisdiction.
The cost-shifting rule applies to a party that refuses arbitration after lawful demand.
Legal Rights & Agreement Rules · User right or choice
Arbitration can be rejected only by written opt-out within 30 days of account opening
To avoid the arbitration agreement, the depositor must send written notice within 30 days of the savings account opening. The notice must clearly state that the depositor wishes to cancel or opt out of the Arbitration Agreement section and should include name, address, savings account name and number, and signature; it must be mailed to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. This is stated as the sole and only opt-out method. Opting out does not affect the remaining terms and does not result in an adverse consequence. The Bank's business records are final and conclusive evidence of whether the opt-out was timely and proper.
Details
When
within thirty (30) days of account opening
Condition
written notice mailed to Affirm with identifying details and signature
Supporting quotations
If you do not want this Arbitration Agreement to apply to your Savings Account, you may opt out by sending us written notice of your decision within thirty (30) days of the opening of your Savings Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement section of this Agreement. It should include your name, address, Savings Account name, Savings Account number, and your signature and must be mailed to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you or your Savings Account. You agree that our business records will be final and conclusive evidence with respect to whether you cancelled or opted out of this Arbitration Agreement in a timely and proper fashion.
Qualifications & exceptions
The deadline is 30 days from account opening.
Written notice mailed to the Affirm address is the sole opt-out method.
The Bank's business records are final and conclusive on timeliness and propriety.
Opting out has no adverse consequence and leaves the other terms in place.
Legal Rights & Agreement Rules · Restriction or exception
Claims must be individual; class, representative and consolidated proceedings are waived
The depositor agrees to bring claims against the Bank or an Indemnified Party only individually, not as a plaintiff or class member in a purported class or representative action. Unless both sides agree otherwise, the arbitrator may not consolidate or join more than one person's claims or preside over a consolidated, representative or class proceeding. Relief, including monetary, injunctive and declaratory relief, may be awarded only in favor of the individual party seeking relief and only as necessary for that party's individual claims. The depositor may pursue and the arbitrator may award public injunctive relief under applicable law to the extent required for enforceability.
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Supporting quotations
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BANK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Qualifications & exceptions
The waiver applies unless both sides agree otherwise.
A public injunctive relief carve-out is preserved to the extent required for enforceability.
Legal Rights & Agreement Rules · Procedure
Arbitration requires a certified-mail Notice of Dispute and a 60-day informal resolution period
The Bank and Indemnified Parties encourage informal resolution through the Affirm Help Center. If that fails, a party seeking arbitration must first send a written Notice of Dispute by certified mail to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135. The Notice must describe the nature and basis of the claim and the specific relief sought. If the claim is not resolved within 60 calendar days after the Notice is received, either side may commence arbitration. Settlement offers are not disclosed to the arbitrator until the arbitrator determines the amount, if any, owed.
Details
When
60 calendar days after Notice receipt
Condition
certified-mail Notice describing claim and relief sought
Supporting quotations
The Bank and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us through the Affirm Help Center at helpcenter.affirm.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to the Bank or Indemnified Party should be sent to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135 (Notice Address). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you do not resolve the claim with the Bank or Indemnified Party within 60 calendar days after the Notice is received, you or the Bank or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Bank is entitled.
Qualifications & exceptions
The Notice must be sent by certified mail.
The parties must wait 60 calendar days after receipt before commencing arbitration.
Settlement offers stay confidential from the arbitrator until the award determination.
Legal Rights & Agreement Rules · Procedure
AAA Consumer Rules govern the arbitration, which the arbitrator controls including arbitrability
Arbitration is conducted by a neutral arbitrator under the American Arbitration Association's rules and procedures, including the AAA Consumer Arbitration Rules, as modified by the Arbitration Agreement. If the AAA Rules and the Arbitration Agreement conflict, the Arbitration Agreement controls unless the arbitrator finds that would not produce a fundamentally fair arbitration. The arbitrator must follow the agreement as a court would, and all issues, including scope, enforceability and arbitrability, are for the arbitrator. The arbitrator may award the same damages and relief on an individual basis as a court could, and decisions are enforceable in court with only limited grounds for reversal. Hearings occur at a reasonably convenient location; if the parties cannot agree, AAA decides. For claims of $10,000 or less, the depositor may choose a documents-only, telephonic or in-person hearing; above $10,000, the AAA Rules determine the hearing right. The arbitrator issues a reasoned written decision.
Details
Who
neutral arbitrator under AAA Consumer Rules
Supporting quotations
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (AAA) rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Qualifications & exceptions
The AAA Consumer Arbitration Rules apply as modified.
The arbitrator decides arbitrability as well as the merits.
The $10,000 threshold controls the depositor's choice of hearing format.
Court review of the award is limited.
Charges & Financial Obligations · Company commitment
Bank pays all arbitration fees for relief of $75,000 or less and may cover more on hardship
Filing, administration and arbitrator fees are governed by the AAA Rules unless the Arbitration Agreement provides otherwise. If the relief sought is $75,000 or less, the Bank pays all Arbitration Fees at the depositor's request. If the relief sought exceeds $75,000 and the depositor demonstrates economic inability to pay, or the arbitrator determines the depositor should not pay, the Bank pays the depositor's portion. If the depositor shows arbitration costs would be prohibitive compared with litigation, the Bank pays as much of the fees as the arbitrator deems necessary to avoid a cost-prohibitive arbitration. Attorneys' fee payments follow the AAA Rules.
Details
Condition
relief sought of $75,000 or less; request by depositor
Supporting quotations
Payment of all filing, administration, and arbitrator fees (collectively, the Arbitration Fees) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, the Bank will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Bank will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Bank will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
Qualifications & exceptions
The all-fees commitment at $75,000 or less requires the depositor's request.
Above $75,000, the depositor must demonstrate economic inability or obtain an arbitrator determination.
The cost-prohibitive showing can require the Bank to pay additional fees.
Attorneys' fees follow the AAA Rules.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration proceedings, rulings and awards are strictly confidential
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, are strictly confidential for the benefit of all parties.
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Supporting quotations
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Qualifications & exceptions
The confidentiality obligation covers the proceeding and the award.
Legal Rights & Agreement Rules · Context
Invalid class-waiver terms void the entire arbitration agreement, except for public injunctive relief
If a court or the arbitrator finds any term of the Arbitration Agreement other than the class and representative action prohibition invalid or unenforceable, the parties replace it with a valid term closest to the original intention, and the Arbitration Agreement remains enforceable as modified. If a provision of the class and representative action prohibition is invalid or unenforceable, the entirety of the Arbitration Agreement is null and void, unless the provision is invalid or unenforceable solely for claims seeking public injunctive relief; in that case the remainder continues to apply.
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Supporting quotations
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Arbitration Agreement will continue to apply.
Qualifications & exceptions
Invalidity of the class-action prohibition voids the whole arbitration agreement.
The public-injunctive-relief exception preserves the remainder.
Other invalid terms are replaced rather than voiding the agreement.
Legal Rights & Agreement Rules · User right or choice
Future arbitration changes can be rejected within 30 days; rejection freezes the prior language
If the Bank changes the Arbitration Agreement in the future while the depositor is a user of the services, other than a change to the Notice Address, the depositor may reject the change by sending written notice within 30 calendar days of the change to the Notice Address. By rejecting a future change, the depositor agrees to arbitrate covered disputes under the Arbitration Agreement language as of the date the agreement was first accepted, or of any later accepted changes.
Details
When
30 calendar days after the change
Supporting quotations
Notwithstanding any provision in this Agreement to the contrary, if the Bank makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending the Bank written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the language of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).
Qualifications & exceptions
The rejection window is 30 calendar days after the change.
A change to the Notice Address is excluded from the rejection right.
Rejecting a change freezes the prior arbitration language.
Charges & Financial Obligations · Context
Stated interest rate is 3.39% with a 3.45% APY, both subject to change
The Truth in Savings Disclosure states an interest rate of 3.39% and an annual percentage yield of 3.45%. The interest rate and APY may change.
Details
What it covers
3.39% interest rate; 3.45% APY
Supporting quotations
RATE INFORMATION. The interest rate on your Savings Account is 3.39% with an annual percentage yield ("APY") of 3.45%. Your interest rate and APY may change.
Qualifications & exceptions
The rate and APY are subject to change.
Charges & Financial Obligations · Company practice
Bank may change the rate at any time at its discretion, with no rate floor or ceiling
The Bank may change the interest rate on the savings account at its discretion and at any time. There are no maximum or minimum interest rate limits for the account.
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Supporting quotations
Determination of Rate. At our discretion, we may change the interest rate on your Savings Account.
Frequency of Rate Changes. We may change the interest rate on your Savings Account at any time.
Limitations on Rate Changes. There are no maximum or minimum interest rate limits for this Savings Account.
Qualifications & exceptions
There is no rate floor or ceiling stated.
Changes are at the Bank's discretion and may occur at any time.
Charges & Financial Obligations · Procedure
Interest compounds daily, credits monthly, and fractions below half a cent are forfeited
Interest compounds daily and is credited monthly as of the last day of the monthly cycle; interest for the last day accrues and posts the same day. Interest is paid only in whole cents. At the end of each cycle, accrued interest less than half a cent is rounded down and the difference is forfeited; half a cent or more is rounded up. The disclosure illustrates: $1.044 credits $1.04, and $1.045 credits $1.05.
Details
When
compounded daily; credited monthly on the last day of the cycle
Supporting quotations
COMPOUNDING AND CREDITING. Interest will be compounded on a daily basis and will be credited to your Savings Account monthly, as of the last day of the monthly cycle (the interest on the last day of the cycle will accrue and post the same day). We only pay interest in whole cents. At the end of each monthly cycle, any fractional amount of interest accrued that is less than one half of one cent will be rounded down to the nearest whole cent, and you will forfeit the difference. For example, if $1.044 in interest accrues during the monthly cycle, we will credit $1.04 to your Savings Account. Any fractional amount of accrued interest equal to one half of one cent or more will be rounded up to the nearest whole cent. For example, if $1.045 in interest accrues during a monthly cycle, we will credit $1.05 to your Savings Account.
Qualifications & exceptions
Fractions below half a cent are forfeited.
Interest for the last day of the cycle accrues and posts the same day.
Charges & Financial Obligations · Restriction or exception
Closing before interest is credited forfeits accrued interest
If the savings account is closed before interest is credited, the depositor does not receive the accrued interest.
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Supporting quotations
EFFECT OF CLOSING SAVINGS ACCOUNT. If you close your Savings Account before interest is credited, you will not receive the accrued interest.
Qualifications & exceptions
The forfeiture applies to interest not yet credited at closing.
Charges & Financial Obligations · Context
No minimum balance is required to open, avoid fees or obtain the APY
There are no minimum balance requirements to open the savings account, to avoid fees, or to obtain the disclosed APY.
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Supporting quotations
MINIMUM BALANCE REQUIREMENTS. There are no minimum balance requirements to open this Savings Account, avoid fees or to obtain the disclosed APY.
Qualifications & exceptions
The statement covers opening, fee avoidance and APY eligibility.
Charges & Financial Obligations · Procedure
Interest uses the daily balance method with an actual/365 day count
Interest is calculated using the daily balance method: a daily periodic rate is applied to every end-of-day balance for the period. The daily rate uses an actual/365 day count convention, and the end-of-day balance is principal plus accrued interest.
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Supporting quotations
BALANCE COMPUTATION METHOD. We use the daily balance method to calculate interest on your Savings Account. This method applies a daily periodic rate to every end-of-day balance in your Savings Account for the period. The daily rate is calculated by using an actual/365- day count convention. The end-of-day balance is calculated by adding the principal and accrued interest.
Qualifications & exceptions
The day-count convention is actual/365.
Charges & Financial Obligations · Procedure
Interest on noncash deposits accrues no later than the Business Day the Bank receives credit
Interest on noncash deposits begins to accrue no later than the Business Day the Bank receives credit for the deposit.
Details
When
no later than the Business Day credit is received
Supporting quotations
ACCRUAL ON NON-CASH DEPOSITS. Interest begins to accrue no later than the Business Day we receive credit for the deposit of noncash Items.
Qualifications & exceptions
The timing is tied to the Bank's receipt of credit, not the deposit request.
Charges & Financial Obligations · Company commitment
No account fees are currently imposed while Affirm provides access; overdrawn card amounts remain owed
The Bank does not currently impose any fees in connection with the savings account and will not impose fees for as long as Affirm provides the means to access the account. If the account is linked to a Debit Card Account and card activity overdraws the savings account, no fees are charged, but the depositor remains responsible for the amounts as described in the Insufficient Funds section.
Details
Condition
Affirm providing the means to access the Savings Account
Supporting quotations
FEES AND CHARGES. We do not currently impose any fees in connection with your Savings Account, and we will not impose any fees in connection with your Savings Account for so long as Affirm is providing the means to access the Savings Account. If you link your Savings Account to your Debit Card Account, and Debit Card activity results in your Savings Account being overdrawn, you will not get charged any fees. However, you are responsible for such amounts as described in the “Insufficient Funds” section above.
Qualifications & exceptions
The no-fee commitment lasts only while Affirm provides the means to access the account.
Overdrawn card amounts remain payable even though no fee is charged.
Not stated here
What fees would apply if Affirm stopped providing access is not stated.
Account & Service Control · Context
EFT Agreement covers personal-purpose savings accounts and adds to the main agreement
The Electronic Fund Transfer Agreement governs EFT services the Bank provides for savings accounts established primarily for personal, family or household purposes. Accepting or authorizing EFTs agrees to these terms in addition to the agreement's other deposit and withdrawal limitations. Submitting an EFT authorization certifies that the depositor is the authorized signer and that the transfer does not violate applicable law.
Details
What it covers
EFT services for personal, family or household savings accounts
Supporting quotations
This disclosure contains important information about your use of electronic fund transfer (“EFT”) services provided by the Bank in relation to Savings Accounts established primarily for personal, family or household purposes. Whenever you accept or authorize EFTs to your Savings Account, you agree to these terms and conditions, in addition to any other applicable limitations in this Agreement concerning deposits to and withdrawals from your Savings Account. By submitting an authorization for an Electronic Fund Transfer, you certify you are the authorized signer on the Savings Account and agree that the Electronic Fund Transfer does not violate applicable law. Please read this document carefully and retain it for future reference.
Qualifications & exceptions
The disclosure is limited to accounts established primarily for personal, family or household purposes.
EFT terms apply in addition to, not instead of, the main agreement's limitations.
The authorization certifies authorized-signer status and lawful purpose.
Account & Service Control · Context
EFT Business Days exclude Saturdays, Sundays and federal holidays
For the EFT Agreement, Business Days are every day except Saturdays, Sundays and federal holidays. This excludes the same days as the earlier definitions section, which stated Monday through Friday with federal holidays excluded.
Details not recorded for this card
Supporting quotations
Business Days. Our Business Days are every day except Saturdays, Sundays, and federal holidays.
Qualifications & exceptions
The two formulations exclude the same days.
Account & Service Control · Permission or license
Available EFTs include App ACH transfers, third-party debits, direct deposits and linked card activity
The types of available EFTs are online transfers requested in the App between the savings account and a Linked External Account by ACH; third-party payments authorizing a single or regular preauthorized ACH debit by a third party such as a utility company or lender; direct deposits of income or government benefits by ACH; card transactions if the savings account is linked to a card account; and ATM or merchant POS cashback access if linked to the card account.
Details
What it covers
App ACH transfers; third-party preauthorized debits; direct deposits; card transactions; ATM/POS cashback
Supporting quotations
Online Transfers. You may use the App and request fund transfers between your Savings Account and a Linked External Account by ACH transfer.
Third Party Payments. You may authorize a third party (such as a utility company or lender) to initiate a single or regular (automatic preauthorized) debit(s) from your Savings Account on your behalf by ACH transfer.
Direct Deposits. You may arrange to have Direct Deposits that are payable to you (e.g., income from your employer or government benefits) made to your Savings Account by ACH transfer.
Card Transactions. You may be able to link your Savings Account to your Card Account. If you do, you authorize transfers to and from your Savings Account related to Card activity.
ATM & merchant POS Cashback Access. You may be able to link your Savings Account to your Card Account. If you do, you may be able to withdraw cash from ATMs or from a merchant POS device.
Qualifications & exceptions
Card transactions and ATM/POS access require linking the savings account to the card account.
Third-party payments may be single or recurring preauthorized debits.
Charges & Financial Obligations · Restriction or exception
Third-party EFT limits may change without notice for security reasons
There are limits on the number and dollar amount of transfers the depositor can make to third parties, with details in Section F.4 Transaction Limits. For security reasons, the Bank may not notify the depositor of these limits or changes to them unless applicable law requires notice.
Details not recorded for this card
Supporting quotations
There are limits on the number and dollar amount of transfers you can make to third parties. Please see section F.4 Transaction Limits for more details. For security reasons, we may not notify you of these limits or changes to these limits, unless required by applicable law.
Qualifications & exceptions
The specific limits are in Section F.4.
Notice of limits or changes may be withheld for security unless law requires it.
Charges & Financial Obligations · Restriction or exception
EFT debits may not exceed the Available Balance, though the Bank may permit an overdraft
The depositor agrees that an authorized EFT debit will not exceed the Available Balance. The Bank does not have to allow an EFT that would create an overdraft, but may in its sole discretion permit one. If the Bank cannot complete an EFT or other EFT service for a reason associated with the account, the transaction may not be completed and the Bank will not notify the depositor unless applicable law requires it.
Details not recorded for this card
Supporting quotations
Managing Your Savings Account Balance. You agree that the amount of any EFT you authorize, which will debit your Savings Account, will not exceed the Available Balance in your Savings Account. We do not have to allow any EFT that would create an overdraft in your Savings Account. We may in our sole discretion choose to permit an EFT that would create an overdraft in your Savings Account. If we are unable to complete an EFT or perform any other EFT service for any reason associated with your Savings Account, the EFT or other service may not be completed and we will not notify you unless required by applicable law.
Qualifications & exceptions
Allowing an overdraft is discretionary and not required.
Failure to complete an EFT may occur without notice unless law requires it.
Account & Service Control · Procedure
Monthly statements list each EFT; recurring direct deposits carry payer and confirmation rights
Use of EFT services creates the rights and responsibilities described in the section. The depositor receives a monthly savings account statement reflecting credits and debits, including each EFT with its date, amount and description. For EFT direct deposits made at least once every 60 days from the same person or company, the payer tells the depositor each time money is sent, and the depositor can check the App or call (855) 423-3729 to see whether the deposit was made. Posting of an EFT may be verified on the next Business Day after it is scheduled by calling or writing through the webform.
Details not recorded for this card
Supporting quotations
The use of EFT services described in this Agreement creates certain rights and responsibilities regarding these services as described below.
Periodic Statements. You will get a monthly Savings Account statement reflecting credits and debits to your Savings Account, including EFTs and other types of transfers. Your periodic Savings Account statement will show the date, amount, and description of each Electronic Fund Transfer.
Direct Deposits. If you have arranged to have EFT Direct Deposits made to your Savings Account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money. You can check the App or call us at (855) 423-3729 to find out whether or not the deposit has been made.
Confirmation. You may verify the posting of an EFT on the next Business Day after the EFT is scheduled to be made by calling Affirm at (855) 423-3729 or writing to Affirm via the webform at helpcenter.affirm.com.
Qualifications & exceptions
The payer-notice rule applies to direct deposits recurring at least every 60 days from the same payer.
Confirmation is available the next Business Day after the scheduled EFT.
Account & Service Control · User right or choice
Preauthorized EFT payments can be stopped with three Business Days' notice and specified details
If the depositor told the Bank in advance to make regular EFT payments, any of those payments can be stopped by calling (855) 423-3729 or writing through the webform in time for the Bank to receive the request at least three Business Days before the scheduled payment. The request should include the savings account number, the transfer date, the recipient and the amount. If the request is made by phone, the Bank may require written confirmation within 14 days after the call.
Details
When
at least 3 Business Days before the scheduled payment
Supporting quotations
Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make regular EFT payments out of your Savings Account, you can stop any of these payments. Here's how:
Call us at (855) 423-3729 or write to Affirm via the webform at helpcenter.affirm.com, in time for us to receive your request 3 Business Days or more before the payment is scheduled to be made. If you contact Affirm to stop a payment, please have the following information ready: your Savings Account number, the date the transfer is to be made, to whom the transfer is being made, and the amount of the scheduled transfer. If you call, Affirm may also require you to put your request in writing and get it to us within 14 days after you call.
Qualifications & exceptions
The stop request must reach the Bank at least three Business Days before the scheduled payment.
A phone request may require written confirmation within 14 days.
Account & Service Control · User right or choice
Payer must give 10 days' notice of varying preauthorized payment amounts, subject to an election
If regular EFT payments may vary in amount, the person being paid will tell the depositor 10 days before each payment when it will be made and how much it will be. The depositor may instead elect notice only when the payment differs by more than a chosen amount from the previous payment, or falls outside limits the depositor sets.
Details
When
10 days before each varying payment
Supporting quotations
Notice of Varying Amounts. If these regular EFT payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
Qualifications & exceptions
The 10-day notice is the default rule.
The depositor may elect a different notice threshold.
Charges & Financial Obligations · Company commitment
Bank is liable for losses if it fails to stop a payment ordered three Business Days ahead
If the depositor orders the Bank to stop a preauthorized payment at least three Business Days before it is scheduled and the Bank does not do so, the Bank is liable for the depositor's losses or damages.
Details not recorded for this card
Supporting quotations
Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop one of these payments 3 Business Days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
Qualifications & exceptions
The liability condition is an order received at least three Business Days before the scheduled transfer.
Charges & Financial Obligations · Permission or license
Bank may refuse a preauthorized EFT for insufficient funds or unverifiable destination information
The Bank reserves the right to refuse to pay a regular or automatic EFT debiting the savings account, for example if the account has insufficient funds or the Bank cannot verify ownership or other information about the destination account.
Details not recorded for this card
Supporting quotations
Our Refusal to Pay a Preauthorized or Other Regular (Automatic) EFT. We reserve the right to refuse to pay a regular (automatic) EFT debiting your Savings Account, for example, if your Savings Account has insufficient funds to cover such transfer or if we are unable to verify the ownership of or other information about the account to which the funds will be transferred.
Qualifications & exceptions
The stated grounds are examples, not an exhaustive list.
Security & Safeguards · User right or choice
Unauthorized EFT liability is capped at $50 with prompt notice or up to $500 with delay
The depositor must tell Affirm at once if Access Credentials or an access device is lost or stolen, an EFT was made without permission, or someone may transfer money without authorization. Telephoning is described as the best way to limit losses, and the depositor could lose all the money in the account. If Affirm is told within two Business Days after learning of the loss or theft, the depositor can lose no more than $50 for unauthorized use. If Affirm is not told within two Business Days and can prove it could have stopped the person with timely notice, the loss could be as much as $500. For unauthorized transfers shown on a statement, the depositor must tell Affirm within 60 days after the statement was mailed or made available electronically, or may not recover money lost after the 60 days if Affirm can prove it could have stopped the person with timely notice. A good reason, such as a long trip or hospital stay, extends the periods. Reports may be made by calling (855) 423-3729, writing to the Affirm address, or using the webform.
Details
When
2 Business Days for loss or theft; 60 days after statement
Supporting quotations
Tell Affirm AT ONCE if you believe that any Access Credentials or device you use to access your Savings Account has been lost or stolen, that an EFT has been made without your permission, or that someone has transferred or may transfer money from your Savings Account without your authorization. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Savings Account. If you tell Affirm within 2 Business Days after you learn of the loss or theft of your Access Credentials or device, you can lose no more than $50 if someone used your Access Credentials or device to access your Savings Account without your permission.
If you do NOT tell Affirm within 2 Business Days after you learn of the loss or theft of your Access Credentials or device, and Affirm can prove we could have stopped someone from using your Access Credentials or device without your permission if you had told Affirm, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell Affirm AT ONCE. If you do not tell Affirm within 60 days after the statement was mailed to you or made available to you electronically, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling Affirm, Affirm will extend the time periods.
If you believe your Access Credentials or device have been lost or stolen, call Affirm at (855) 423-3729 or by writing to Affirm as soon as possible at Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135 or by using the webform at helpcenter.affirm.com.
Qualifications & exceptions
Two Business Days' notice caps loss at $50; later notice can raise exposure to $500.
Statement discrepancies must be reported within 60 days after the statement is sent or made available.
A good reason such as a long trip or hospital stay extends the time periods.
Account & Service Control · Procedure
EFT errors must be reported within 60 days of the first statement and include identifying details
If a statement or receipt appears wrong or more information is needed about an EFT, the depositor should call (855) 423-3729 or write through the webform or to Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135 as soon as possible and no later than 60 days after Affirm sends the first statement on which the problem or error appeared. The report should include the depositor's name and the last four digits of the account number, a description of the error or uncertain EFT and why it is believed to be an error, and the dollar amount of the suspected error. If the report is oral, Affirm may require a written complaint within 10 Business Days.
Details
When
no later than 60 days after the first statement
Supporting quotations
Call Affirm at (855) 423-3729 or write us via the webform at helpcenter.affirm.com or at Affirm, Inc., 14039 Puritas Avenue, P.O. Box 35909, Cleveland, OH 44135 as soon as you can, if you think your statement or receipt is wrong or if you need more information about an EFT listed on the statement or receipt. Affirm must hear from you no later than 60 days after Affirm sends the FIRST statement on which the problem or error appeared.
Tell us your name and the last four digits of your Savings Account number (if any)
Describe the error or EFT 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 Affirm orally, Affirm may require that you send us your complaint or question in writing within 10 Business Days.
Qualifications & exceptions
The deadline is 60 days after the first statement showing the problem.
An oral report may require written confirmation within 10 Business Days.
Charges & Financial Obligations · Procedure
Error investigations take 10 Business Days, extendable to 45 or 90 days with provisional credit
The Bank determines whether an error occurred within 10 Business Days after hearing from the depositor and corrects any error promptly. If more time is needed, it may take up to 45 days to investigate and will credit the account within 10 Business Days for the disputed amount so the depositor has use of the money during the investigation. If the Bank asks for a written complaint and does not receive it within 10 Business Days, it may not credit the account. For new accounts or foreign-initiated transactions, investigation may take up to 90 days, and for new accounts credit may take up to 20 days. The Bank reports results within 3 Business Days after completing the investigation, sends a written explanation if it finds no error, and will provide copies of the documents used.
Details not recorded for this card
Supporting quotations
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 Savings Account within 10 Business Days for the amount you think is in error, so that you will have 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 Savings Account.
For errors involving new Savings Accounts or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Savings Accounts, we may take up to 20 days to credit your Savings Account for the amount you think is in error.
We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Qualifications & exceptions
Provisional credit depends on the Bank's request for writing being answered within 10 Business Days.
New accounts and foreign-initiated transactions have longer 90-day and 20-day periods.
Charges & Financial Obligations · Company commitment
Bank is liable for untimely or incorrect EFTs, subject to listed exceptions
If the Bank does not complete an EFT to or from the savings account on time or in the correct amount under the agreement, it is liable for the depositor's losses or damages. The stated exceptions are: insufficient funds through no fault of the Bank; a system or terminal not working properly where the depositor knew of the breakdown when starting the EFT; circumstances beyond the Bank's control, such as fire or flood, despite reasonable precautions; and other exceptions stated in the agreement.
Details not recorded for this card
Supporting quotations
Our Liability for Failure to Make a Transfer. If we do not complete an EFT to or from your Savings Account on time or in the correct amount according to the Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your Savings Account to make the EFT.
If a system or terminal you use to make an EFT was not working properly and you knew about the breakdown when you started the EFT.
If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
There may be other exceptions stated in our Agreement with you.
Qualifications & exceptions
The exceptions include known system breakdowns and circumstances beyond the Bank's control.
Other exceptions in the agreement may also apply.
Sharing & Disclosure · Company practice
Account and EFT information is disclosed only for four listed purposes
The Bank discloses information about the savings account or the EFTs made to third parties only where necessary to complete EFTs; to verify the existence and condition of the account for a third party such as a credit bureau or merchant; to comply with government agency or court orders; or with the depositor's written permission.
Details not recorded for this card
Supporting quotations
We will disclose information to third parties about your Savings Account or the EFTs you make:
Where it is necessary for completing EFTs;
In order to verify the existence and condition of your Savings Account for a third party, such as a credit bureau or merchant;
In order to comply with government agency or court orders; or
If you give us your written permission.
Qualifications & exceptions
The four grounds are: completing EFTs, third-party verification, legal compliance and written permission.
Verification may be provided to a credit bureau or merchant.
Legal Rights & Agreement Rules · Company practice
Bank may change any EFT provision as permitted by law, with notice only when required
The Bank may change any provision of the Electronic Fund Transfer Agreement in its discretion, as permitted by law. If it does, it gives notice if and to the extent applicable law requires.
Details not recorded for this card
Supporting quotations
Amendments. We may change any provision of this Electronic Fund Transfer Agreement in our discretion, as permitted by law. If we do, we will give you notice if and to the extent required by applicable law.
Qualifications & exceptions
Changes are bounded by applicable law.
Notice is promised only if and to the extent the law requires it.
Account & Service Control · Permission or license
Bank may terminate any or all EFT services at any time, with notice where required
The Bank reserves the right to terminate the depositor's use of any or all EFT services for any reason and at any time. It will provide notice before termination where applicable law requires.
Details not recorded for this card
Supporting quotations
Termination. We reserve the right to terminate your use of any or all of our EFT services for any reason and at any time. We will provide you notice before doing so where required by law.
Qualifications & exceptions
Termination may be for any reason and at any time.
Notice is required only where the law requires it.
Depositor may terminate EFT services but must notify third-party payees and use phone or writing
The depositor may terminate use of the EFT services at any time by calling or writing to the Bank. If the request is by phone, the Bank may require written confirmation within 10 Business Days after the call. Email, SMS/text or online notification does not meet the section's notice requirements. If the depositor has arranged automatic regular transfers involving third parties, the depositor must tell those third parties the transfers will cease. Termination by either side does not affect rights and obligations that arose before the effective date.
Details
What it does
terminate EFT services by calling or writing; inform third parties of ceased automatic transfers
Supporting quotations
You also have the right to terminate your use of the EFT services described in this Agreement at any time by calling us or writing to us. If you call, we may require you to put your request in writing and get it to us within 10 Business Days after you call. (Please note that e-mail, SMS/text or online notification will not meet the notice requirements of this section.) If you terminate your use of our EFT services and you have arranged for automatic (regular) transfers involving third parties, you are required to inform any third parties that the transfers will cease. Any termination of your use of our EFT services, whether initiated by you or us, will not affect any of your or our rights and obligations under this Agreement that have arisen before the effective date of such termination.
Qualifications & exceptions
Email, SMS/text and online notification are not sufficient termination notice.
A phone request may require written confirmation within 10 Business Days.
Third-party payees must be told that automatic transfers will cease.