Last updated on 10/27/2022.
If you are reading these Terms of Service, that means you have created an account using Higo’s Platform to power your banking needs or you are otherwise using the Platform and services under these Terms of Service. By using these services, signing an electronic signature card or open a deposit account (“Account”) with us, you agree to Higo’s Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
If you do not agree to these Terms of Service, you must immediately stop using our services.
1. SCOPE OF THESE TERMS OF SERVICE
1.1 These Terms govern the availability and use of our Services. By registering to use our Services, you agree to these Terms. You are responsible for regularly reviewing these Terms.
1.2 We may update these Terms at any time, at our sole discretion. The Company will provide appropriate notice of the updated terms by posting the updated Agreement on the Platform. If you do not agree to the updated terms, you must stop using the Services and accessing the Platform. If you continue to use the Services, you are agreeing to be bound by the updated terms.
2. YOUR REPRESENTATIONS AND PROMISES OR AFFIRMATIONS TO HIGO.
2.1 Restrictions on Acceptance and Use of Higo’s Services. You are at least 18 years old (or legal age of capacity of your state or country) and you have the right, authority and capacity to enter into these Terms of Service. If you are accepting these Terms of Services on behalf of any legal entity, including any company, organization, government, or governmental agency, you have been authorized to do so and act on behalf of such legal entity.
2.2 True and Correct Information. The information and instructions you provide Higo are true, accurate, and complete, as you are solely responsible for such information and instructions. Additionally, you will provide all information requested by Higo, such as your name, email address, phone number, date of birth, social security number or tax identification number, photo ID, online login credentials or your account and routing numbers for your bank or credit union account, and such other information as Higo may request from time to time. You agree to update Higo if the information changes. Higo may use third parties to verify all or a portion of your information.
2.4 Authorization to Debit Your Account. By using Higo’s Platform, and/or banking services to send funds via the Automated Clearing House (“ACH”) from your linked bank account(s) to your Account, third party or Software Provider, you authorize Higo (as agent of the Bank) to debit the bank account indicated by you for the amount and on the date provided by you. You understand that because this will be an electronic transaction, and funds may be withdrawn from your account as soon as the above noted transaction date. You will not dispute Higo or Partner Bank debiting the account so long as the transaction corresponds to the terms indicated in the transaction web form provided to you.
2.5 Limits on Access to Services or Account. Higo may limit or suspend your access to the services or take other actions against you if the information you provide Higo is incorrect, Higo believes it is necessary to prevent fraud or crime, or you otherwise breach these Terms of Service as further detailed in these Terms of Service.
2.6 Compliance with the Laws and your Agreements. Your use of Higo’s services or the Account do not violate any laws or regulations or any agreements with any third parties.
3. HIGO SERVICES; GENERAL PROVISIONS
3.1 The Services offered by Higo are exclusively those contained in the Platform, which might be modified from time to time at Higo’s sole discretion. As our Services evolve, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3.2 The User can only access the Platform and use the Services on their own behalf and on their own name. Platform access and use of the Services on behalf of third parties is forbidden.
3.3 Users understand and accept that the Services, as well as any other information obtained from the Company, are not directed, designed or in any way oriented to provide any type of financial advice or investment or purchase advice of any kind.
3.4 The Company does not provide any financial advice, investment advice, recommendation, or guidance, whether in connection with the Services or otherwise.
3.5 Higo strictly prohibits using its Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity.
4.1 Banking Services through Bank Partners. Higo provides banking (e.g. bank transfers or accounts) through Software Provider and its Bank Partner. Higo provides services to you to give the ability to send and receive funds from third parties and open up an Account. All funds transfer services are provided by the Bank Partner, as Higo does not receive, hold, or transmit funds. Through Software Provider, Higo enables you to send funds transfer instructions to Bank Partner. Any funds balances displayed by Higo are held in your Account with Bank Partner for your benefit. Through Software Provider, Higo facilitates your requests for services relating to your Account. Higo is not responsible or liable if your request for such services is limited, delayed or denied for risk, compliance or other reasons attributable to the Bank Partner.
4.3 Other Services. Higo may from time to time offer additional services or remove services without prior notice to you. You agree to be bound by the terms and conditions of such services as they may be offered to you.
5. THIRD-PARTY PARTNERS
5.1 Higo has partnered with third parties to facilitate certain aspects of the Services (“Third-Party Partners”). In order to enable certain functions of the Services, you may be required to enter into additional agreements with such Third-Party Partners. Higo does not have control of, or liability for, the products or services offered by Third-Party Partners.
6. YOUR ACCOUNT
6.1 Eligibility. Eligible customers must be at least 18 years of age, and with a valid identification number issued by a governmental authority from their country of residence. All deposits and withdrawals in the Account must be in U.S. dollars only. You must agree to accept electronic, rather than paper statements, as provided herein. This means; (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (such as end-of-year tax forms and electronic statements). If you do not do so, you may not open an Account. If you withdraw your consent, Bank Partner may close your Account.
6.2 Account. The Account consists of a non-interest-bearing online demand deposit account used to hold your deposits and make payments and transfers to and from the Account. You will access your Account via the Platform. The Account may include the use of a Debit Card (both physical and digital) to make payments and transfers to third parties. The bank services are provided by Software Provider's partner banks, Members FDIC. By opening a debit card on Higo, you agree to our Cardholder Agreement.
6.3 Password Security. You are responsible for maintaining adequate security and control of any and all User IDs, Passwords, hints, personal identification numbers (PINs), or any other codes that you use to access the Account. Do not discuss, compare, or share information about your account number or password unless you are willing to give them full use of your money. Higo or Bank Partner will never ask you for your login credentials by phone or through email, or any other means. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third-parties and the loss or theft of any funds held in your Account and any associated accounts, including your Account. Electronic withdrawals are processed by automated methods, and anyone who obtains your account number or access device could use it to withdraw money from your account, with or without your permission. You are responsible for keeping your email address and telephone number up to date in order to receive any notices or alerts that Bank Partner may send you. Higo and Bank Partner assume no responsibility for any loss that you may sustain due to compromise of your account login credentials due to no fault of ours and/or your failure to follow or act on any notices or alerts that Higo and/ or Bank Partner may send to you. If you believe your Account information has been compromised, or that someone has transferred or may transfer money from your account without your permission, contact us immediately, at email@example.com. You agree to promptly review all Account and transaction records and other Communications that Bank Partner make available to you and to promptly report any discrepancy to us.
6.4 Titling and Ownership. The Account may be owned and titled only in the name of one (1) person, you, who shall solely retain the right to direct the deposit or transfer of funds. The Account cannot be owned or titled jointly, by an organization, as Payable on Death (“POD”), “In Trust For” (“ITF”), or used as custodial accounts for minors.
6.5 Death or Incapacitation. You or your appointed party, designee, or appointed individual agree to notify us promptly if you become legally incapacitated, are deemed incompetent, or die. Bank Partner may continue to accept deposits and process transaction instructions into and from your Account until Bank Partner is: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act on that knowledge. You agree that, even if Bank Partner has knowledge of your death, Bank Partner may pay or process transactions on your Account executed on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Account. Bank Partner may require additional documentation to confirm any claims made on the Account.
6.6 Power of Attorney. You may wish to appoint an agent to conduct transactions on your behalf. Bank Partner has no duty or agreement whatsoever to monitor or ensure that the acts of the agent are for your benefit. Bank Partner will not be required to follow the instructions of your designated attorney-in-fact (your “Agent”) unless you have furnished us a power of attorney in a form or under circumstances acceptable to us. Unless you revoke it, a power of attorney continues until your death or the death of the person given the power. If the power of attorney is not “durable,” it is also revoked when you become incompetent. Bank Partner may require your Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of the Agent’s knowledge, you are alive and competent and that the relevant powers delegated to the Agent have not been amended or terminated. Bank Partner may continue to honor the transactions of your Agent until: (1) Bank Partner has received written notice of the termination of the authority or notice of your death, and (2) Bank Partner have a reasonable opportunity to act on that notice. You agree not to hold us responsible for any loss or damage you may incur as a result of our following instructions given by an Agent acting under a valid power of attorney.
6.7 Our Relationship with You. You understand that Higo serves solely as a liaison with Bank Partner and Software Provider to power your banking needs, and Higo owes no fiduciary duty to you. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS AND SERVICES OFFERED BY HIGO ARE NOT ENDORSED OR GUARANTEED BY BANK PARTNER EXCEPT AS SET FORTH HEREIN. You understand that Higo and Bank Partner are not legal partners, affiliates or joint venturers with each other. Nothing in these Terms of Service is intended to be read or understood as making Higo and Bank Partners, legal partners, affiliates or joint venturers or impose any liability as such on either of them. Unless otherwise expressly stated in these Terms of Service, Higo has no authority to act or represent Bank Partner in any way. Bank Partner provides the services under these Terms of Service in part through one or more service providers that Bank has engaged to render some or all of such services to you on Bank Partner’s behalf, including Higo. You understand and agree that Bank Partner and Software Provider is exculpated from any and all liability arising with respect to any of the services to the fullest extent permitted by law.
6.8 Location of the Account. Your Account is established in Franklin, Tennessee, United States of America.
6.10 Internet Gambling; Illegal Transactions. Bank Partner may, but is not required to, deny authorization for any internet gambling transactions. You agree not to use your Account or our services for online gambling or any illegal activity. Bank Partner may refuse to process any transaction that it believes may violate the terms of these Terms of Service or applicable law. You acknowledge and agree that Higo and Bank Partner have no obligation to monitor, review or evaluate the legality of your transactions and Account activity. You agree that using Higo services or your Account for illegal activity will be deemed an action of default and/or breach of contract and, in such event, our services and/or any of your Accounts may be terminated at our discretion. You further agree that should illegal use occur, you waive any right to sue Higo and/or Bank Partner for such illegal use or any activity directly or indirectly related to it, and you agree to indemnify and hold Higo and/or Bank Partner harmless from any suits, legal action, or liability directly resulting from such illegal use. To the fullest extent permitted by law, you agree to pay for any transaction that you authorized, even if that transaction is determined to be illegal.
6.11 Inactive Accounts. In the event your Account has under [$500.00] in funds and you have not made a deposit or withdrawal, or signed into said account for a period of six (6) months, (“Inactive Account”), your Account will be subject to an Inactive Account fee in addition to other applicable account fees. Higo reserves the right to withhold any payment, withdrawal or transfer from an Inactive Account until Higo, to its sole and complete satisfaction, is able to reestablish contact with you, and you agree to keep your Account in active status.
6.12 Freezes, Blocking or Closing Accounts Due to Irregular or Unlawful Activities. You agree that if Higo and/ or Bank Partner suspect that any irregular, unauthorized, or unlawful activity may be occurring in connection with your Account, Higo and/or Bank Partner may “freeze” or place a hold on the balance in such Account pending an investigation of such activities. If Higo or Bank Partner freeze your Account, it will give any notice required under the circumstances by the laws governing the Account. If investigation confirms Higo’s or Bank Partner’s suspicions of irregular, unauthorized, or unlawful activity then, notwithstanding anything to the contrary in these Terms of Service, Higo and/or Bank Partner may immediately close your Account, and may also close any or all other Accounts, if necessary, to comply with applicable law. You agree that Higo and Bank Partner may also freeze, block, or close your Account as necessary in order to comply with regulations issued by the United States Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
6.13 Know Your Client. The use of the Services may be subject to a process of validation of the identity of the Users (the “KYC”). KYC may be conducted through the Platform following our Banking Partner’s compliance requirements.
6.14 USA PATRIOT Act Notice. Important information about procedures for using Higo’s services under the USA PATRIOT Act of 2001: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you use Higo’s services, Higo will ask for your name, address, date of birth, and other information that will allow us to identify you. Higo may also ask to see a form of identification with your photograph or other identifying documents.
7. PLATFORM’S USE AND ACCESS
Users are responsible for all activities carried out in the Platform through the access to their account and the use of the Services, even if they are not aware of these, and agree to hold the Company harmless for any damages and/or claim derived from it. Users shall be solely responsible for the safekeeping of their account information and password. Users are responsible for all activities including their log-in email, account and password. Users agree to notify the Company immediately if they are aware of any unauthorized use of their account and/or password by any person and will strictly observe the security, authentication, and any other mechanism or procedures established in the Platform. Users are exclusively liable for any and all tax obligations (either national, provincial or municipal) which may apply to the use of the Services in its local jurisdiction, including without limitation any withholding, collection, reporting and remittance to the appropriate tax authorities. The Company shall not be liable for any breach or non-compliance by Users on their tax obligations, under the legislation in force. The Platform may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us (collectively and individually “Third Party Websites”). These Third Party Websites may have their own terms and conditions of use and privacy policies and your use of these Third Party Websites will be governed by and subject to such terms and conditions and privacy policies. You must ensure that you have read, understood and agreed to all of the terms and conditions, policies and guidelines of the Third Party Websites. Users understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, opinions, advice, statements, prices, advertisement, or any other content of any of the Third Party Websites or for any transaction you may enter into with the provider of any such Third Party Websites.
8. FEES, CHARGES AND PENALTIES
8.1 Fees. All pricing and fees are set forth in our Platform (the “Pricing and Fees”). The Pricing and Fees are incorporated herein by reference and form part of these Terms. This Account is subject to Higo’s Pricing and Fees including but not limited to, overdrafts, monthly service or maintenance charges, including, without limitation, Inactive Account charges, stop payment orders issued by you, and Account termination. Notwithstanding Bank Partner right to make changes to charges without prior notice, you will be notified thirty (30) days in advance of any changes to the Pricing and Fees by email to the email address shown in our records or made available to you on the Platform. If you have questions concerning any particular fee imposed by Higo, please contact Higo in writing within sixty (60) days from the date the fee was debited to your account.You agree to pay all Pricing and Fees and your continued use of the Services indicates your continued acceptance of the Pricing and Fees.
8.2 Legal Costs and Fees. You agree to pay on demand all losses, costs and expenses (including without limitation the fees and expenses of counsel, whether incurred at trial, on appeal or without litigation), if any, incurred by the Higo in connection with or relating to these Terms of Service and any document delivered hereunder, including, but not limited to, losses, costs and expenses sustained as a result of (i) a default by you in the performance of your obligations or (ii) any claim by a third party, whether legally enforceable or not, to or against any of your Account(s).
8.3 Fee Disclosure. Higo shall pay fees to Bank Partner for processing your payments at least enough to cover the costs associated with such processing. Higo may charge additional transaction fees and other fees associated with the services provided to you.
9. FUNDING AND WITHDRAWING FROM YOUR ACCOUNT
9.1 Deposits and Withdrawals. You can make deposits and or withdrawals into and from your Account using any of these methods:
* The limits included here are the lowest limits allowed for transactions. However, Higo reserves the right to allow you to transact higher volume than the limits defined herein at any time without prior notice. In certain cases, for security reasons, Higo may lower your limits upon notice to you at the time you attempt to initiate a transaction. Higo reserves the right to cancel or suspend transactions due to fraud or compliance related concerns.
9.2 Deposits into the Account.
9.2.1 Direct Deposits. Your Account number and bank routing number may be used for the purpose of initiating direct deposits to your Account. The recipient’s name on any direct deposit(s) Bank Partner receives must match your name. Any direct deposits received in a name other than the name registered to the Account will be returned to the originator. If your Account number changes you must immediately notify your employer or any other payors. You must provide them with the new Account number to ensure that your direct deposit activity continues uninterrupted.
9.2.2 No Deposits in Cash, Paper Checks or Foreign Currency. Bank Partner will only accept funds deposited electronically through the Platform. Higo and Bank Partner are not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us. Bank Partner does not accept deposits in cash, personal checks, cashier’s checks, money orders or in foreign currency. Only deposits made in accordance with the terms of these Terms of Service will be accepted.
9.2.3 Our Right to Charge Back Deposited Checks or Electronic Transfers. If you receive an electronic transfer as provided in these Terms of Service and (i) the paying bank returns it to Bank Partner unpaid; or (ii) the sending bank or the originator of an item demands that Bank Partner return the item because it was unauthorized, sent to the wrong account number or procured by fraud, Bank Partner may pay the return or demand, and subtract the funds from your Account. If Bank Partner has reason to believe that any of the events in the previous sentence have occurred or may occur or that the check or other item should not have been paid or may not be paid for any other reason, Bank Partner may place a hold on the funds or move them to a non-customer account until Bank Partner determines who is entitled to them.
9.2.4 Right to Reject Any Deposit. The Bank Partner is under no obligation to accept any item, wire, electronic funds transfer, or other transaction for deposit to your Account or for collection, and the Bank Partner may refuse to cash or give value for any such item. Bank Partner may restrict access to any deposit credited to your account that violates any laws of the United States, including those giving rise to OFAC sanctions. Unless Bank Partner specifically permits you to do so, you may not deposit any substitute check that has not been previously handled by a bank in the collection process. Nevertheless, if a substitute check is received for deposit, you will be responsible for any losses you or another person suffers relating to that substitute check.
9.3 Withdrawals from the Account.
9.3.1 No Overdrafts. You are not permitted to overdraw your Account. If the available balance in your Account is not sufficient to cover any payment or withdrawal you have authorized, Bank Partner may refuse to process the payment or withdrawal. If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Account has a negative balance and you have another account with Bank Partner, Bank Partner reserves the right to exercise their right to set off. See Section 8.3.2. below for details. If your Account has a negative balance for sixty (60) calendar days or more it will be closed. If you fail to pay the amount of any overdraft, Bank Partner reserves the right to refer your overdrawn account to an attorney for collection, and you agree to pay all reasonable expenses, including, but not limited to, reasonable attorney’s fees and court costs incurred by Bank Partner as a result of your account being overdrawn.
9.3.2 Right to Set Off. If your Account balance becomes and remains negative, Bank Partner can use the funds in any of your accounts with Bank Partner to repay the negative balance in your Account without any further notice to or demand on you. Moreover, Bank Partner has the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with Bank Partner. Further, you grant Bank Partner a lien on and security interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to Bank Partner, now or in the future.
10. GENERAL FUNDS AVAILABILITY
10.1 Availability. Bank Partner makes funds available according to the type of deposit and when the funds are applied or credited to your Account. Some types of deposits may not be available for immediate use. When Bank Partner delays the availability of funds or place a hold on a deposit made to your Account, you may not withdraw those funds, and Bank Partner will not use them to pay any debits, such as ACH transfers or payments, check payments or, if available, transactions using your debit card during the hold period. Bank Partner has the right to refuse any deposit. If final payment is not received on any item you have deposited into your Account, or if any direct deposit or ACH transfer is returned to Bank Partner for any reason, you agree to pay Bank Partner the amount of the returned item. The length of the delay in the availability of funds will vary depending on the type of deposit.
10.2 Business Days. The length of the delay in the availability of funds is counted in business day from the day your deposit is applied to your Account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays in the United States are not included. Deposits received after the cut-off times provided in these Terms of Service or on a day Bank Partner is not open will be processed the following business day that Bank Partner is open.
10.3 Longer Availability. Electronic transfers depositing into the Account initiated through Higo may take up to five (5) business days from the date of the initial request but will post on the payment date of the deposit once the money has reached Bank Partner.
11. ELECTRONIC FUNDS TRANSFER DISCLOSURES
11.1 Electronic Transfers via ACH. You may originate transfers to and from your Account via ACH as provided in Section 9 of these Terms of Service You may only initiate electronic funds transfers via the Platform. You are solely responsible for the accuracy of the information contained in the payment order. The electronic transfer will be completed relying exclusively on the information provided by you. You must authorize Bank Partner to execute payment orders on your behalf and to debit your Account specified in the payment order for the amount of the electronic funds transfer.
11.1.1 Security Procedures. You will be required to use a Two-Factor Authentication control, in addition to your login, to authorize an electronic funds transfer. You agree that this control is an appropriate security procedure designed to verify the authenticity of the order, and is not to detect errors in transmission.
11.1.2 Same Day ACH. Cut-off Time. The cut-off time for scheduling an international wire transfer is 10:00 AM PST next day. The cut-off time for domestic wire transfers is 1J) PM PST. Any wire transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day. In some circumstances, transactions may be delayed for risk or compliance reasons.
11.1.3 No Cancellation. All wire requests are final and are not subject to recall orders or stop payments.
11.2 Electronic Transfers Using Your Account Number. You may authorize a third-party to transfer funds to and from your Account by providing your account number and your routing number to such third-party. Your account information should only be provided to trusted third-parties authorized to initiate the electronic funds transfers.
11.3 Debit Cards and ATM Services. You may obtain a debit card that can be used for purchases on points of sales and/or withdrawals at ATMs. The use of your debit card to initiate electronic transfers is subject to the term and conditions of Software Provider's Consumer Cardholder Agreement.
11.4 Types of Electronic Transfers Available.
11.4.1 You may arrange with another party, such as your employer or a government agency, to electronically deposit funds on a one-time or recurring basis directly to your Account.
11.4.2 You may arrange with another party to make one-time or recurring charges to your Account to a make a utility payment or to pay other bills.
11.5 Limitations on Transfers, Amounts and Frequency. Your right to make electronic transfers is subject to the limits established in Section 9 herein.
11.6 Right to Receive Documentation of Electronic Funds Transfers. Your electronic funds transfers will be reflected on the statements that will be delivered to you by Higo’s Platform, as described herein. You can also contact Higo at firstname.lastname@example.org, to obtain information about any particular direct deposit or transfer.
11.7 Your Liability for Unauthorized Electronic Fund Transfers. You must contact Higo at email@example.com if you believe your account was stolen or if you believe someone has transferred or may transfer money from your Account without permission. If your account number was stolen or if you believe someone has transferred or may transfer money from your Account without permission contact us immediately through Higo, at the number specified above.
11.7.1 If you notify us within two (2) business days after you acknowledge either the loss or theft of your debit card an/or PIN learn of any unauthorized transaction, you can lose no more than $50.00 if someone used your Account from the period starting two (2) business days before the day you notify us of such circumstance and until you renew your Card and create a new PINwithout your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your debit card and/or PIN, Account number and Bank Partner can prove that Bank Partner could have stopped someone from using your Account without your permission if you had promptly notified us, you could lose as much as $500.00.
11.7.2 If you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the section below “Errors and Disputes.” If you do not notify us within sixty (60) days after (i) you become aware of the transaction(s) and/or (ii) the statement was made available to you, you may not get back any of the value you lost after the sixty (60) days if Bank Partner can prove that Bank Partner could have stopped someone from taking value if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. After receiving notice from you of such an event, Higo and Bank Partner will close Account to keep losses down and issue you a new Account number.
11.7.3 If your Account number changes, you must immediately notify your employer or any other payors or merchants. You must provide them with your new Account number to ensure that your direct deposit and/or payments activity continues uninterrupted.
11.7.4 If you furnish your access device and grant actual authority to make transfers to someone who then exceeds that authority, you will be liable for the transfers the person makes unless we have been notified that transfers by that person are no longer authorized. If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with Bank Partner in the investigation of the loss, including giving Bank Partner an affidavit containing whatever reasonable information Bank Partner requires concerning your Account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. Bank Partner will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless Higo or Bank Partner have acted in bad faith, Higo or Bank Partner will not be liable for any special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at Higo’s or Bank Partner’s option, assign them to us so that we may pursue them. Higo’s or Bank Partner’s liability will be reduced by the amount you recover or are entitled to recover from these other sources. Concerning each item you deposit with Bank Partner through Higo, or which Bank Partner cashes for you or give other consideration, you make the following warranties to us whether Bank Partner is the payor bank or depository bank: all necessary signatures and endorsements have been placed on the time and are genuine, the item has not been materially altered and you have good title to it, and no defense of any party to the item is good against you. If any such warranty is breached, Bank Partner may deduct the amount of the item from any of your accounts or otherwise collect from you this amount plus expenses.
11.8 Errors and Disputes. If you think your statement is wrong or if you need more information about a transaction listed on it, please contact Higo at firstname.lastname@example.org. You must report any errors within sixty (60) days from the earlier of (i) the date the statement was made available to you on the Platform or (ii) the date you access your Account and would have been able to see the error. You must provide the appropriate information for Higo to investigate the error or unauthorized transaction with Bank Partner, including at least the date of the transaction and its amount. If you call Higo, we may request that you send your complaint or question in writing within ten (10) business days.
11.8.1 We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to use this additional time, we will credit your Account for the amount you think is in error within ten (10) business days, so that you will have use of the money during the time it takes to complete the investigation.
11.8.2 If your Account was opened less than thirty (30) days before the date of the suspected error, we may extend the ten (10) business day period to twenty (20) business days before crediting your Account.
11.8.3 If your Account was opened less than thirty (30) days before the date of the suspected error, the error resulted from a point-of-sale debit card transaction or was initiated in a foreign country, we may extend the ten (10) business day period to ninety (90) days before crediting your Account.
11.8.4 If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we will not credit your Account.
11.8.5 You will be informed of the result of the investigation within three (3) business days after Bank Partner’s completion of the investigation. If we determine that there was no error, we will send you an explanation by email or by making it available via the Platform. Copies of the investigation documentation can be obtained by contacting Higo at email@example.com.
11.9 Bank Partner Liability for Failure to Complete Transactions. If Bank Partner does not complete a transaction from your Account on time or in the correct amount, Bank Partner will be liable for your losses or damages. However, Bank Partner is not liable for any failed transaction if you do not have enough money in your balance to cover a transaction, if the ATM or device does not have enough cash or is not working properly, if circumstances beyond Bank Partner’s control prevent the transaction, if the merchant requests authorization for an amount greater than the purchase amount, if access to your Account or linked account has been blocked after you reported your Account number or linked account number lost or stolen, if there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use, if Bank Partner has reason to believe the requested transaction is unauthorized, if Bank Partner has received incomplete or inaccurate information from the third-party payor or payee or if there are other exceptions stated in this agreement or as provided by law. Bank Partner are not liable for the failure to complete a transaction on a business account if Bank Partner, through Higo, sends you notice that the transaction was not completed.
12. PROHIBITED TRANSACTIONS
12.1 You will not use the Services for any illegal, fraudulent or other prohibited activity. These activities will be defined and updated in the Platform at Higo’s sole discretion.
12.2 If Higo suspects that you may be engaging in or have engaged in fraudulent, illegal or prohibited activity, including any violation of these Terms of Service, your access to the Services and Platform may be suspended or terminated. Additionally, depending on the severity of the violations, we may contact law enforcement.
13. CLOSING YOUR ACCOUNT
13.1 You may close your Account at any time by contacting us. The rules and procedures regarding the closure of an Account can be accessed through the Platform.
13.2 Both Higo and/or Bank Partner may, in their sole discretion and without any cost or liability to you, with or without prior notice and at any time, suspend, modify, or terminate, temporarily or permanently, all or any portion of the Services, establish certain transaction limits or trading limits, or terminate your Account, with or without reason.
14. GENERAL RULES GOVERNING THE ACCOUNT
14.1 Assignment; Transfer; Non-Waiver. The Account may not be assigned. Higo and/or Bank Partner may transfer their rights under these Terms of Service. If you or Higo and/or Bank Partner excuse each other from complying with any part of these Terms of Service, this will not waive compliance by the excused party on any other occasion, notwithstanding the number of previous excusals or their duration. A party may not rely justifiably upon another’s past forbearance to vary present or future rights, obligations or performance under these Terms of Service. If any provision of these Terms of Service is determined to be invalid, illegal or unenforceable for any reason, that provision shall not invalidate or render unenforceable any other provision of these Terms of Service.
14.2 Legal Processes Affecting Accounts. If Higo and/or Bank Partner are served with a subpoena, government agency request for information, restraining order, writ of attachment or execution, levy, garnishment, search warrant, forfeiture or similar order or legal process relating to your Account (termed “legal action” in this section), regardless of the jurisdiction of the issuing authority, Higo and/or Bank Partner may rely on the representations made in the legal action and comply with the legal action, regardless of the jurisdiction of the issuing authority or the location of the Bank Partner at which the legal action is received. In these cases, Higo and/or Bank Partner will not have any liability to you if there are insufficient funds to pay your items because Bank Partner has withdrawn funds from your Account or in any way restricted access to your funds in accordance with the legal action. If you believe your funds are exempt from legal action, or otherwise should not be subject to legal action (for example, if you own funds and the legal action applies to another joint owner, you believe the court, garnishor, or levying authority lacks jurisdiction over you or the property, or you believe the garnishment or levy names the wrong party as garnishee), you agree that it is your responsibility to raise any defense to the legal action against the party who originated the legal action, and you agree that we have no obligation to do so. Any fees or expenses Higo and/or Bank Partner incur in responding to any legal action (including, without limitation, attorneys’ fees and our internal expenses) may be charged against your Account. Unless expressly prohibited by law, Bank Partner will charge your account a fee for each legal action received, regardless of whether the action is subsequently revoked, vacated or released.
14.3 Abandoned or Inactive Accounts. Some states in the United States have unclaimed property laws that govern when accounts are considered abandoned. In this case, your account is usually considered abandoned if you have not made a deposit or withdrawal, or signed into your Account, for a specified period of time. In jurisdictions with unclaimed property laws, Higo and/or Bank Partner are required by the unclaimed property laws to turn over accounts considered abandoned to the applicable state. Before we turn over an abandoned account, Higo may send a notice to you by e-mail or the address on the account statement. Unless prohibited by law, Higo and/or Bank Partner may charge to your Account costs and expenses of any notice, payment and turnover of the remaining balance of your Account to the applicable state. State law of where the Bank Partner is located will apply on unclaimed or abandoned property related to this Account.
14.4 FDIC Insurance. For any deposit accounts you open, the FDIC requires Bank Partner to disclose, and you hereby acknowledge, that deposits held by Bank Partner are insured up to $250,000 federal deposit insurance limit, per depositor for each ownership category.
14.5 Standard of Care; Limitation of Liability. Bank Partner and/or Higo’s liability for losses you incur in connection with your Account or the services set forth herein is limited to actual damages proved that are proximately caused by Bank Partner’s and/or Higo’s, as applicable, failure to exercise ordinary care. Nevertheless, if Bank Partner makes an error in your favor by excessively crediting or insufficiently debiting your account for any reason, including, without limitation, to the giving of cash or credit in excess of a corresponding account debit, you agree that you immediately owe Bank Partner the amount in error, whether you relied on the error or not. You agree to waive your rights to a jury and to punitive and exemplary damages and further agree to be subject to all parts of the arbitration provision in Section 15.11. Damages for any breach of these Terms of Service are limited to those that are direct and lie in contract, and will exclude indirect and consequential damages. Also excluded are damages in tort, including but not limited to those for emotional distress, unless caused by a willful and malicious act, which in the case of the unauthorized disclosure of private or confidential information must also be defamatory. In return Higo and/or Bank Partner also waive their same rights in any such action, cross-action or claims in arbitration they may file against you. Higo and/or Bank Partner will have no liability for acting on instructions from you accepted or interpreted by Higo and/or Bank Partner in good faith according to the terms of these Terms of Service, declining to act on instructions whose authenticity or accuracy cannot be verified to Higo’s and/or Bank Partner’s satisfaction, or not acting on instructions not actually received.
14.5.1 Except as required by applicable law, we will have no liability to you if we are unable to complete a transaction for any reason beyond Higo’s and/or Bank Partner’s control. Except as otherwise expressly provided in these Terms of Service or as otherwise required by applicable law, Higo and/or Bank Partner, any affiliates, and the parties with whom Higo and/or Bank Partner and any affiliates contract in order to offer your Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to your Account, any products or services purchased using the Account, or these Terms of Service (as well as any related or prior agreement you may have had with Higo and/or Bank Partner).
15. IMPORTANT LEGAL PROVISIONS
No Warranties. THE SERVICES UNDER THE TERMS OF SERVICE, HIGO’S PLATFORM AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.THE HIGO SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS,LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS; AND./OR ANY LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF COMPANY SERVICES – WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE COMPANY SERVICES.THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.
User agree to hold harmless, defend and indemnify the Company, its affiliates, its parent companies, and subsidiaries, and each of their respective officers, directors, agents, employees, representatives, and permitted assignees against any and all any losses, damages, costs, liabilities and expenses that have been reasonably incurred in connection with any claims or damages arising out of or related to your breach and our enforcement of these Terms. This shall also apply to Users violation of any applicable law, regulation, or rights of any third party during their use of the Services.
17. FORCE MAJEURE
17.1 The Company will not be responsible for any breach, loss, delay, suspension, failure or impossibility in the provision of the Services an /or in compliance with these Terms of Service on the occasion of any event that could be considered as a product of fortuitous event, force majeure or the fact of a third party for whom you should not respond.
17.2 It should be understood as cases of fortuitous event, force majeure or acts of a third party, without limitation or exclusion of others to: government restrictions or regulations, embargoes, informatic or cybernetics attacks of any kind, robbery, theft, any type of fraud, acts of terrorism, wars, riots, strikes, labor or industrial disputes of any kind, fires, explosions, earthquakes, floods, accidents, acts of sabotage, environmental disturbances, unusually severe weather conditions, telecommunications failure, power failure, Internet connection interruptions, breaches in linked service providers, or any other cause that could not have been foreseen or that could not be avoided. Likewise, they will not be attributable to the Company and Users exempt it from any responsibility regarding any type of factual or legal situation that could affect the banking entities where the collection bank accounts are open and where the funds were transferred for compliance with the payment management instructions issued to the Company and that implied the temporary or permanent impossibility to dispose, use, extract, turn or operate, either partially or totally, with these.
If the Company determines that any applicable law has made unlawful the provision of the Services, or if any governmental authority of the applicable jurisdiction has asserted that it is unlawful for the Company to provide the Services, or if any governmental authority of the applicable jurisdiction has imposed material restrictions on the authority of the Company to provide the Services, then, the Company at its sole discretion will be able to suspend or terminate the provision of the Services until it determines at it sole discretion that the circumstances that had motivated such determination no longer exist.
19. INTELLECTUAL PROPERTY
19.1 The Company and/or its controlling companies, affiliated or subsidiary companies, are the owners of all intellectual, authorship and industrial rights with respect to the Platform and domain, software, hardware, logos, logos, emblems, designs, information and content. Users do not have any rights regarding those.
19.2 The brand names relating to the Platform and any other trademarks, service marks and/or trade names used by the Company either on its own behalf from time to time (the “Trade Marks”) are owned by the Company, its controlling companies, affiliated or subsidiary companies, or its licensors. In addition to the rights in the Trade Marks, the Company and/or its licensors own the rights in all other content of the Website (the “Content”).
19.3 By using the Platform and/or the Services, Users shall not obtain any rights in the Trade Marks or the Content and Users may use the Trade Marks and Content only in accordance with the Terms of Service.
19.4 Users may only install and use the software connected to the Platform (the “Software“) and all content derived from the Platform, including, but not limited to, the copyright and all other intellectual property rights in the Software, in connection with the Services for the User´ personal and non-commercial use and in accordance with the Terms of Service.
19.5 The Software’s code, structure and organization are protected by intellectual property rights. You undertake not to: copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; sell, assign, sublicense, transfer, distribute or lease the Software; make the Software available to any third party through a computer network or otherwise; export the Software to any country (whether by physical or electronic means); or use the Software in a manner prohibited by any laws or regulations which apply to the use of the Software.
The User constitutes his/her address for the purposes of this contract in the one he registered in the validation procedure of his identity established in the platform. The Company and the User accept that all notifications sent to said addresses will be valid.
21. CUSTOMER SERVICE
21.1 If Users wish to ask any question related to the Services or the Platform, please contact Higo at firstname.lastname@example.org and/or via the in-app help center.
21.2 Bank services are provided through our banking software provider, Synctera. To report a complaint relating to the bank services, email email@example.com.
21.3 Hours. Customer Service agents are available to answer your calls, emails and chats:
- Eastern Time: Monday through Friday: 10:00 AM – 5:00 PM.
- Central Time: Monday through Friday: 10:00 AM – 5:00 PM.
- Pacific Time: Monday through Friday: 10:00 AM – 5:00 PM.
22.1 We and you may each terminate this relationship unilaterally at any time upon notice. To close your Account, please contact us.
22.2 You understand and acknowledge that even after accepting these Terms of Service and opening an Account, Bank has the right to close your account and terminate this relationship, and you will have no right to compel Bank to grant access to Bank services, either initially or after an Account is opened.
22.3 IMPORTANT: If you terminate your relationship with Higo, the Account will automatically be closed. Upon closure, any remaining funds in the Account will be converted and returned to you in accordance with this Section.
22.4 IMPORTANT: If the agreement between Higo and Software Provider is terminated, this Account may be terminated. In this case, Higo shall send you a notice with the applicable procedures.
22.5 Unless you are notified otherwise, upon termination, Higo will instruct Bank Partner to return any remaining funds in the Account in a check mailed to the address on file associated with the Account. Bank Partner’s obligations to you will be fully satisfied by mailing a check in the appropriate amount to the address specified by Higo.
23. NO WAIVER
No waiver by any party of any breach of these Terms of Service or any delay or omission by any party in enforcing the terms of these Terms of Service shall prejudice their rights or operate as a waiver of any subsequent or continuing breach.
If any provision of these Terms is or becomes illegal or invalid, that provision will be deemed deleted from these Terms and the remaining provisions shall continue in force.
25. GOVERNING LAW AND JURISDICTION
Use of the Account is subject to applicable Federal laws and the laws of the State of Tennessee, and all applicable rules and customs of any clearinghouse or other association governing your Account or any transactions. Any disputes and claims that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the courts located in the jurisdiction of the incorporation shown in our Platform, and shall be governed by and construed in accordance with its laws.