Last Revised: July 31, 2020
This document contains the terms and conditions (the “Terms”) that apply to visitors to the Quo.com website and users of the Quo mobile application (the “Quo App”, and together with the Quo website, the “Quo Services”). The Quo Services are provided to you by the team at Quo Financial, Inc.
We’re excited you’ve decided to join the Quo Community!
First things first:
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT UNDERSTAND THESE TERMS, PLEASE CONTACT US AT firstname.lastname@example.org BEFORE ELECTRONICALLY SIGNING IT. WE’VE TRIED TO MAKE THESE TERMS EASY TO UNDERSTAND, AND WE ARE HAPPY TO HELP ANSWER ANY QUESTIONS YOU MAY HAVE. WHEN YOU CLICK “I AGREE” TO ELECTRONICALLY SIGN THIS DOCUMENT, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT ALL OF THESE TERMS.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION, AND A JURY TRIAL AND CLASS ACTION WAIVER PROVISION, WHICH MEANS THAT YOU AGREE TO RESOLVE ANY DISPUTES OR CLAIMS BETWEEN US ABOUT THESE TERMS AND YOUR USE OF THE QUO SERVICES IN ARBITRATION ON AN INDIVIDUAL BASIS, INSTEAD OF IN FRONT OF A JURY IN A COURT OF LAW. THIS ALSO MEANS YOU CAN’T PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST US. YOU SHOULD READ SECTION 21 FOR MORE DETAILS ABOUT YOUR DISPUTE RIGHTS.
1. Accepting The Quo Terms
Synapse Terms of Service
2. The Quo Services
The Quo Services are intended to help you create and meet your financial goals by helping you to better track how you spend money, and by organizing your personal financial information. You can use the Quo App to aggregate and view all of your financial account information in one place, monitor upcoming bill payments, create customized budgets, view spending patterns and categorize transaction types, and qualify for low-interest, short-term installment loans from one of our financial institution partners (a “Quo Loan”). You can also earn cash rewards and other incentives (“Quo Rewards”) by engaging in a variety of activities on the Quo Services, such as by reading articles and taking steps to modify your spending habits. We may also present you information relating to products or services from our partners that may interest you (“Quo Offers”).
3. Protecting Your Privacy and Your Personal Information
4. Quo Account Eligibility
To use the Quo Services and qualify for a Quo Account, you must be a resident of the United States, you must be at least 18 years old, and you must also be capable of entering into a contract with us. This means that if you agree to these Terms, you promise us that you are of sound mind and body, and no one else is forcing you to accept these Terms. You will always be able to review these Terms in the Quo App, but just in case you lose your phone, you should print or save a copy of these Terms for your records.
5. Your Quo Account Information
You need to register for a Quo Account to use the Quo Services. At a minimum, you need to give us your e-mail address, and create a username and password. Depending on how you use the Quo Services, such as applying for Quo Loan, we may verify your identity by asking for your full name, mailing address, social security number, phone number, and your driver’s license or passport. We may also ask you to verify ownership of your Bank account and any other financial services accounts you connect to your Quo Account (“collectively, “Connected Accounts”). You authorize us to use your personal information to verify your identity, including sharing your personal information with other companies who provide identity verification services to us. If you do not provide your personal information or we cannot verify your identity, we can refuse to allow you to use the Quo Services.
You are responsible for keeping your Quo username and your password a secret. By providing us with your e-mail address and phone number, you agree to receive all notices from us electronically. You must update your Quo Account if you change your e-mail address or your phone number. If you lose your login or password, or you believe someone has accessed your Quo Account without your permission, notify us immediately at email@example.com.
6. Quo Fees
Quo reserves the right, in our complete discretion, to charge a monthly membership fee (“Quo Fees”) to use the Quo Services and to participate as a member of the Quo Community. We may charge you the Quo Fees under a subscription model or on a per transaction basis. You can find information about the Quo Fees and payment options by logging in to your Quo Account. We accept payments for Quo Fees via Automated Clearing House (“ACH”) debit from your preferred Connected Account (“Payment Method”). You may also use your Payment Method to repay your Quo Loan. By creating a Quo Account and linking your Payment Method, you authorize us to charge your Payment Method to pay your Quo Fees and to make Quo Loan payments.
7. Your Authorization for ACH Debits and Credits.
You authorize us to electronically debit and credit your Payment Method via ACH (when and as applicable):
· To pay Quo Fees in the amounts and on the dates set forth in your Quo Account;
· To make the Quo Loan payments in the amounts and on the dates set forth in your Quo Loan Agreement; and
· To correct erroneous debits and credits or make refunds to your Payment Method (collectively, “Payments”).
By electronically accepting these Terms and by opening a Quo Account, you acknowledge that your authorization represents your prior written authorization for each of the Payments described in this Section 7; and your authorization to us will remain in full force and effect until you notify us that you wish to revoke your authorization by contacting us via the “Contact Support” link in the Quo App or by email at firstname.lastname@example.org.
You can stop or pause a Payment by notifying us through the Quo App. You must notify us that you are exercising your right to stop a Payment, or revoke your authorization for automatic Payments at least 3 banking days before the next scheduled Payment date to prevent the Payment from occurring. If you instruct us to stop or pause a Payment or revoke your authorization to us to debit your Payment Method, but you do so less than 3 banking days before the next scheduled Payment date, we may attempt, in our sole discretion, to cancel that scheduled Payment. However, if we are unable to stop the Payment we are not responsibility to you for any losses (such as overdraft fees on a Connected Account) that you incur. Quo reserves the right to cancel or suspend Payments to prevent fraud or to help us comply with our obligations to your Lender and to Quo Partners.
You also agree:
· to cooperate with us to correct any Payment errors;
· to repay us for any amounts credited to your Payment Method that exceed the amount you are owed in connection with a credit, refund or other Payment;
· that we may reverse, withdraw or cancel any Payment that provided you with excess funds in error, or that we made to you based on fraudulent or false information that you provided us;
· that we may automatically initiate a new Payment from your Payment Method in the amount of the error plus the amount of any expenses we incur to recover such overpayment, including the amount of your obligations, if any, under the “Indemnity” provision in Section .
if you think any of the Payments in your Quo Account are incorrect or if you need more information about a Payment shown in your Quo Account, click the “Contact Support” link in the Quo App, email us at email@example.com ,or call our banking partner, Synapse, at +1 (415) 322-7260as soon as possible. We must hear from you no later than 90 days after the date on which the problem or error appeared in the Quo App.
1. Tell us your name and email address.
2. Describe the error or the Payment you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
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 account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Quo Account. For the purpose of these Terms, “Business Days” means Monday through Friday, excluding federal banking holidays.
Please contact us immediately at the “Contact Support” link in the Quo App, emailing us at firstname.lastname@example.org , or call our banking partner, Synapse, at +1 (415) 322-7260 as soon as possible if:
· YOU BELIEVE THAT YOUR QUO ACCOUNT PASSWORD HAS BEEN STOLEN.
· THE MOBILE DEVICE THAT YOU USED TO REGISTER FOR A QUO ACCOUNT HAS BEEN LOST OR STOLEN. (FOR YOUR PROTECTION, WE RECOMMEND THAT YOU MAKE SURE YOU HAVE ENABLED A PASSWORD, FINGERPRINT OR FACIAL RECOGNITION ON YOUR MOBILE DEVICE.)
· YOU BELIEVE THAT A PAYMENT HAS BEEN MADE FROM YOUR PAYMENT METHOD WITHOUT YOUR PERMISSION.
· AN UNAUTHORIZED PERSON HAS DISCOVERED YOUR QUO ACCOUNT PASSWORD OR ACCESSED THE QUO APP ON YOUR MOBILE DEVICE AND MAY TRANSFER MONEY FROM YOUR CONNECTED ACCOUNT WITHOUT YOUR PERMISSION.
· YOU NEED MORE INFORMATION ABOUT A PAYMENT USING THE QUO SERVICE.
IF YOU BELIEVE THAT SOMEONE USED THE INFORMATION IN YOUR QUO ACCOUNT TO MAKE AN UNAUTHORIZED WITHDRAWAL FROM YOUR CONNECTED ACCOUNT, OR IF YOUR QUO ACCOUNT RECORDS CONTAIN A PAYMENT ERROR, CONTACT YOUR BANK IN ADDITION US. FAILURE TO NOTIFY YOUR BANK DIRECTLY AND PROMPTLY MIGHT LIMIT YOUR RIGHTS UNDER YOUR ACCOUNT AGREEMENT AND APPLICABLE LAW.
The limit on your liability for unauthorized transfers are determined by the agreement between you and your bank, but cannot exceed the amounts described below: If you report the loss of your Quo Account password or mobile device, as applicable, to us within four (4) Business Days after learning of its theft or loss, your liability will not exceed the lesser of: 1) $50, or 2) the amount of any unauthorized transfers that occur before you reported the loss of your password or mobile device. If you fail to report the loss of your password or mobile device within four (4) business days then your liability may not exceed the lesser of: 1) $500, or 2) the sum of either $50 or the amount of unauthorized transfers that occur before you reported the loss of your password or mobile device (whichever is less), plus the amount of unauthorized transfers that occur after the four (4) business days and before you reported the loss of your password or mobile device, if those unauthorized transfers would not have occurred if you had reported the loss.
8. Quo Loans and the Quo Card
You may be eligible to receive a Quo Loan from one of our financial institution partners (the “Lender”). You must maintain your Quo Account in good standing for at least 3 consecutive months before you are eligible to apply for a Quo Loan. If you close your Quo Account or fail to pay the Quo Fees, you will not eligible for a Quo Loan. The Lender for each Quo Loan is listed in your Quo Loan Agreement. Quo does not originate Quo Loans and is not a lender. When you apply for a Quo Loan, you authorize us to share your Quo Account Data with Lenders to determine your eligibility. To facilitate purchases using your Quo Loan funds, and to facilitate repayment of your Quo Loan, we act as a service provider to your Lender. If you receive a Quo Loan, you may not close your Quo Account and you must continue to pay the Quo Fees until you have repaid the Lender in full. Your obligation to pay the Quo Fees is independent from your obligation to repay the Quo Loan, and if you fail to pay the Quo Fees before you have repaid the Quo Loan, we reserve the right to pursue every remedy available to us to collect any Quo Fees you may owe.
You will receive a Quo Card in the mail when you create your Quo Account, but the Lender will not activate your Quo Card until the Lender approves your Quo Loan. When you receive your Quo Card, you must accept the terms and conditions of the Quo Card Agreement before using it. You also agree that you may only use the Quo Card for the purpose(s) (“Purpose”) you indicated to us in the Quo App when you applied for your Quo Loan. Prohibited transactions will be blocked by Synapse or the Lender. You may not use your Quo Card to withdraw cash or to transfer funds to another person or account. If there any funds left on your Quo Card after you use the Quo Card for the Purpose, you may use the funds to pay any outstanding payments on your Quo Loan; however, if you have repaid your Quo Loan in full and funds remain on the Quo Card, you may use those funds to pay for goods and services. Please refer to your Quo Card Agreement for additional terms and conditions.
9. Connected Account Information
When you connect your Connected Accounts to your Quo Account, you will authorize one of our third-party service providers (“Service Providers”), such as Plaid, to use your Connected Account credentials to retrieve account statement information (“Connected Account Data”). You may also authorize one of our Quo Partners to share your Quo Partner account information (“Partner Account”) with us through your Quo Account. For your security, we never see or store your Connected Account or Partner Account login information.You hereby grant us and our Service Providers a limited power of attorney, and you hereby appoint us and our Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access Connected Accounts and documents, retrieve Connected Account Data, and use your Connected Account Data with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, to the same extent and for the same purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR ONE OF OUR SERVICE PROVIDERS ACCESSES AND RETRIEVES CONNECTED ACCOUNT DATA OR PARTNER DATA, WE AND OUR SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF, OR ON BEHALF OF THE CONNECTED ACCOUNT PROVIDER OR QUO PARTNER.
Quo is not responsible for the products and services provided to you by any Connected Account Provider or Quo Partner (“Partner Services”), or for the timeliness, accuracy, deletion, non-delivery or failure to store any account data, communications, personalization settings, or other information provided to us by a Quo Partner (“Partner Data”) or Connected Account Data. For example, when displayed through the Quo Services, Connected Account Data and Partner Data and is only as fresh as the time shown, which reflects when the information is obtained from the Connected Account Provider or Quo Partner. Such information may be more up-to-date when obtained directly from the Quo Partner or Connected Account Provider. You can refresh your Partner Data or Connected Account Data by following the instructions in your Quo Account. We do not review or verify any Partner Data or Connected Account Data we receive, and we are not responsible for any losses, damages, or costs you incur due to any inaccuracies in Partner Data or Connected Account Data. We also may not be able to foresee or prevent technical difficulties that result in failure to obtain, or for loss of Partner Data or Connected Account Data, your personalization settings or other service interruptions.
10. Using the Quo Services
Your right to access and use the Quo Services is personal to you, and you may not allow anyone else to access your Quo Account. You may only use the Quo Services for lawful purposes. For the Quo Services to function effectively, you must provide true, accurate, current and complete information about your Connected Accounts. You also represent to us that you are the legal owner of each of the Connected Accounts.You are not allowed to access the Quo Services other than with your username and password, and you must follow the instructions we provide to you. We may suspend or stop providing the Quo Services to you if we suspect you are committing fraud or are engaging in illegal activity, or if you act abusively to us or to other Quo Users. You also may not (i) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithms or methodology to access, acquire, copy or monitor the Quo Services or any portion of the Quo Services (ii) post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Quo Services; or (iii) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Quo Services.
11. Quo Rewards
You may earn discounts, coupons, rebates, and other benefits (“Quo Rewards”) from us or from our Quo Partners for interacting with the Quo Services, such as achieving financial goals you have set for yourself (“Quo Goals”), and accessing financial education materials. You may not be eligible to receive certain Quo Rewards, and we provide Quo Rewards to you in our sole discretion. Any Quo Rewards you earn while using the Quo Services are for your exclusive benefit and use, and you may not transfer your Quo Rewards to anyone else without our express consent. Quo Rewards do not have any monetary or cash value and may only be used or redeemed with us or with a Quo Partner.
12. Closing your Quo Account
While we certainly hope that you will find great value in the Quo Services and remain part of the Quo Community, we won’t make it hard on you if you decide to move on.
If you would like to close your Quo Account and leave the Quo Community, follow these instructions:
1. Login to your Quo.com account via the app.
2. Go to “Settings”.
3. Find the “Unsubscribe” option under “Support”.
4. Confirm that you would like to unsubscribe.
IMPORTANT: IF YOU CLOSE YOUR QUO ACCOUNT, YOU WILL NO LONGER BE ELIGIBLE TO APPLY FOR REQUEST A QUO LOAN. YOU MAY NOT CLOSE YOUR QUO ACCOUNT UNTIL YOU HAVE FINISHED REPAYING ANY OUTSTANDING BALANCE ON YOUR QUO LOAN.
We may also close your Quo Account with or without notice to you:
a. if you engage in any fraudulent or abusive behavior while using the Quo Services;
b. if you violate the terms of your Quo Loan Agreement, your Quo Card Agreement, or any of the other Terms in this document;
c. if we believe we are required to do so by law, or if we are ordered to do so by a regulatory authority;
d. or for any reason or no reason, at any time.
If we or you close your Quo Account, we will immediately deactivate your Quo Account and you will no longer be able access it. We will also delete all of the information in your Quo Account from our servers within 48 hours, and we will not be liable to you or to anyone else for any consequences that result from the closure of your Quo Account.
13. Notices to You
From time to time, we may send you automated and voluntary notices about your Quo Account and your use of the Quo Services. We may also send you notices about your Quo Loan and your Quo Card on behalf of your Lender. You can choose the types of notices, and the method we use to notify you, such as via email or text message through your Quo Account settings. You can change your preferences or disable notices at any time. We may add new notices at any time in our sole discretion. You understand that the notices we provide you through your Quo Account may be delayed or prevented due to circumstances beyond our control. We will do our best to provide notices to you in a timely manner and with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any notices. We are not liable to you, any Connected Account Provider, Quo Partner, Service Provider or to anyone else due to any delays, failure to deliver, or misdirected delivery of any notices, or for any errors in the content of a notice; or for any actions taken or not taken by you or any other person in reliance on a notice. For example, if you forget to make a Quo Loan payment on time because you did not receive a payment reminder from us, you are still responsible for making the payment on time and will be responsible for any late fees imposed by your Lender. We will never include your password in any notices we provide. However, notices from us may include your username and information about your Quo Accounts, your Quo Loan, or your Quo Card. Depending upon the notice method you select, information such as your Quo Loan balance or the due date of your next payment may be included, and may be visible to anyone who has access to that notice method. If you choose to receive notices from us via text message, your mobile service provider may charge you standard text messaging fees.
14. Our Intellectual Property Rights
The text, graphics, images, logos, button icons, photographs, editorial content, notices, software and other materials we provided you, including the manner in which we arrange or present them to you are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Quo Services belong to Quo, or are licensed to Quo by Quo Partners (the “Quo Materials”). We grant you the right to view and use the Quo Service, but we or our Quo Partners retain ownership of the Quo Materials at all times. You may download or print a copy of the Quo Materials for personal, non-commercial use only. Any distribution, reprint or electronic reproduction of any Quo Materials in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Quo Materials in a manner that violates any applicable law, regulation or these Terms.
15. Our Rights to Content You Provide
As a member of the Quo Community and as a Quo User, we may allow you to post content on bulletin boards, blogs and various other publicly available locations on the Quo Services. These forums may be hosted by Quo or by one of our third-party service providers on Quo’s behalf. You agree in posting content to follow certain rules. You are responsible for all content (“Content”) you submit, upload, post or store through the Quo Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Quo is not responsible for the Content or data you submit through the Services. By submitting Content to us, you represent that you have all necessary rights to the Content and you are granting us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the Content in connection with marketing, promotions, and for any other business purpose related to the Quo Services. We may redistribute part or all of and derivative works from your Content in any media formats and through any media channels we choose. You also hereby grant each Quo User a non-exclusive license to access your posted content through the Quo Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to enable the functionality of the Quo Services. You agree not to use, nor permit any third party to use, the Quo Services to: (i) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; (ii) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; (iii) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or (iv) interfere with other Quo Users’ use of the Quo Service. You are posting Content to the Quo Services voluntarily, and posting Content does not create an employee relationship between you and Quo. You may not copy or use personal identifying or contact information about other Quo Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to Quo Users through the Quo Services are prohibited.
Quo respects your intellectual property rights and those of other members of the Quo Community, and we ask that you do the same. Unfortunately, as a service provider it’s not possible for us to screen everything our users upload or share on Quo platform for copyright infringement, but you can be assured that we’ll look into it right away (we have to by law!)
If you believe that your Content, is being used on the Quo Services in a way that infringes your rights or the rights of someone else, please send the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act, “DMCA”) to us at email@example.com:
- Your physical or electronic signature (or the physical or electronic signature of a person you have authorized to act on your behalf), along with your mailing address, telephone number, electronic mail address
- Identification of the copyrighted work you believe was infringed on the Quo Services, or, in the case of multiple copyrighted works, a representative list of those works.
- Identification and location of the material that you believe infringes on your intellectual property rights or that is the subject of infringing activity that you would like us to remove, or disable access to,
- A statement that you believe in good faith that (i) the use of the infringing material on the Quo Services is not authorized or is prohibited by law, (ii) the information in your notice to us is accurate, and (iii) under penalty of perjury, in the event that someone else represents you, that you have authorized that person to act on your behalf.
You should also be aware that under Section 512(f) of the DMCA, any person who knowingly sends meritless notices of infringement may be liable for damages, so please don’t make any false claims. We may share any information or correspondence you provide us with third parties, including the person who uploaded the allegedly infringing material to the Quo Services. When we receive a bona fide infringement notice, our policy is to (i) immediately remove or disable access to the infringing material; (ii) notify the Quo User that we have removed or disabled access to the material; and (iii) for repeat offenders, to terminate such the Quo User's access to the Quo Services.
If you believe that we removed your content in error, you may send our Designated Agent a written counter-notice with the following information:
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
- Identification of the copyrighted work that we removed, and the location where it would have been found prior to its removal; and
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification
If we receive a counter-notice, we may send a copy of it to the original complaining party informing that person that we may restore the removed material to the Quo Services or cease disabling it in 10 business days. Unless the complaining party files an action seeking a court order against you, we will restore access to the removed material in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
16. Quo Offers and Third-Party Services
Some parts of the Quo Services are supported by sponsored links from Quo Partners and advertisers. We display offers (“Quo Offers”) that may be custom matched to you based on your Quo Account Data and how you use the Quo Services. We will always let you know when a particular Quo Offer is sponsored. Quo Offers will contain links to Quo Partner and advertiser sites and apps. However, we do not endorse, warrant or guarantee the products or services available through the Quo Offers (or any other third-party products or services advertised on or linked from the Quo Services), whether or not sponsored, and except for the Quo Loans and Quo Card, we are not an agent or broker or otherwise responsible for the activities or policies of the entity making the Quo Offer to you. We do not guarantee that any loans, investment plans, or other service terms, rates or rewards offered by any particular Quo Partner or advertiser are actually the terms that will be offered to you if you pursue the Quo Offer or that they are the best terms or lowest rates available in the market.
17. Quo Is Not a Financial Planner, Stock Broker or Tax Advisor
NONE OF THE QUO SERVICES WE PROVIDE TO YOU SHOULD BE TAKEN AS LEGAL, TAX OR FINANCIAL ADVICE. QUO IS NOT A FINANCIAL PLANNER, STOCK BROKER OR TAX ADVISOR. While we think Quo Loans are better a better choice for most consumers than predatory payday loans, a Quo Loan may not be suitable for you. The Quo Services are designed to help you better understand how you spend money, to set financial goals, and to help you to hold yourself accountable for your financial decisions – but we can’t make them for you.Not only are we not authorized by law to give you financial advice, we don’t have enough information about you to do soresponsibly or effectively. Your financial situation is unique, and any information we provide to you is for educational purposes only and may not apply to you. The Quo Services will hopefully make it easier for you and your financial advisor to get a better picture of your financial health. You should definitely seek professional advice before making any big decisions. If you think you can’t afford a professional advisor, you can find links in the Quo App to low-cost financial planning resources.
18.Use of the Quo Services With Your Mobile Device
Use of these Services may be available to you through a compatible mobile device, and requires you to download, install, and maintain the Quo App. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. WE MAKE NO EXPRESS, STATUTORY OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE QUO SERVICES.
19.No Warranties, Limitation of Liability and Indemnification
Your access to and use of the Quo Services may be interrupted due to malfunction of your or our equipment, software updates and maintenance, and other actions that Quo, in its sole discretion, may elect to take from time to time for any reason. We will not be liable to you or anyone else for any loss, cost, or damage that result from any scheduled or unscheduled downtime, or your inability to access the Quo Services. Your sole and exclusive remedy for any failure or non-performance of the Quo Services, will be for Quo to use commercially reasonable efforts to restart, reconnect or repair the applicable Quo Services.
WE MAKE NO WARRANTIES TO YOU ABOUT YOUR QUO ACCOUNT OR THE QUO SERVICES. EXCEPT AS EXPRESSLY DESCRIBED IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER TO YOU REGARDING YOUR QUO ACCOUNT AND YOUR USE OF THE QUO SERVICES. THE QUO SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT WE DO NOT GUARANTEE THAT THE QUO SERVICES WILL ALWAYS BE AVAILABLE FOR YOU TO USE, THAT THE TRANSACTION INFORMATION YOU SEE IN YOUR QUO ACCOUNT IS ACCURATE OR UP-TO-DATE, OR THAT ANY OF THE FINANCIAL EDUCATION MATERIALS WE OR OUR PARTNERS PROVIDE TO YOU ARE SUITABLE FOR YOUR FINANCIAL GOALS OR SITUATION.
YOUR INDEMNIFICATION OBLIGATIONS TO US:YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS QUO, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, SUITS, PROCEEDINGS, LOSSES, LIABILITIES, ATTORNEY’S FEES, AND ALL RELATED EXPENSES, WHETHER IN TORT, CONTRACT, OR OTHERWISE, THAT ARISE OUT OF,RELATE TO, OR ARE ATTRIBUTABLE, IN WHOLE OR IN PART, TO YOUR BREACH OF THIS AGREEMENT OR ANY ACTIVITY BY YOU RELATED TO YOUR USE OF THE QUO SERVICES.
20. Changes to these Terms
We reserve the right to change these Terms at any time, or to temporarily or permanently discontinue the Quo Services with or without notice to you. We also reserve the right to change the features of the Quo Services in our sole discretion. If you are paid Quo Services user, we will notify you of any change to the Quo Service Fee via email or through your Quo Account. If you don’t like the changes we make, you should stop using the Quo Services and close your Quo Account By continuing to use the Quo Services after we notify you of any changes to these Terms, (a) you are letting us know that you agree to the changes, in the same manner as you did when you first agreed to these Terms; and (b) we will not be liable to you or anyone else for any modification, suspensions, or discontinuance of the Quo Services.
Quo may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
21. Additional Terms.
a. Governing Law. These Terms and any disputes about these Terms will be governed by California law or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within the state of California, without regard to its choice of law or conflicts of law principles that would require application of the law of a different jurisdiction.
b. Severability. Unless any other provision of these Terms state otherwise, and to the extent not prohibited by law, if any court or regulatory authority finds that any part of these Terms is invalid or unenforceable, that finding will not affect the validity or enforceability of the rest of the Terms.
c. Assignment. Except when prohibited by law, we may assign your Quo Account and our rights under these Terms in whole or in part to a third party without your permission, and the entity to whom we sell, transfer or assign your Quo Account and these Terms will take our place. This means that if we merge with another company or sell the company, these Terms will still apply to you, and you must continue to pay the Quo Service Fee to maintain your Quo Account. You Quo Account and these Terms apply only to you, and you may not transfer your Quo Account to anyone else.
d. Waiver of Rights; Delay in Enforcement. If we do not enforce, or if we delay enforcing any of our rights under these Terms, we will not lose those rights. We may also decide to waive one or more of our rights without notifying you, but doing so does not waive our right to enforce those rights at a later date.This means we could decide to not charge you the Quo Service Fee, but we could decide later to begin charging you again.
f. Terms That Will Survive After These Terms are Terminated. Some of these Terms will remain in effect even after you have stopped using the Quo Services and have closed your Quo Account. These terms include Section 21a (Governing Law), Section 21b (Severability), Section 21d (Waiver of Rights; Delay in Enforcement), Section 21f (Survival), and Section 22 (Arbitration; Jury Trial and Class Action Waiver).
22. Arbitration; Jury Trial and Class Action Waiver.
This Section 22 constitutes your agreement to arbitrate (“Arbitration Agreement”) all disputes arising under or in connection with this Agreement and your relationship with us (collectively, a “Claims”). This includes Claims made by us against you, by you or anyone connected to you against us or any of our subsidiaries, affiliates, agents, employees, predecessors, successors, or assignees.Arbitration is often used to resolve Claims more efficiently than a trial, particularly where the amount of the Claims is small (lawyers are expensive!)
YOU ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATIONS WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM.
All Claims will be decided finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to you or to us. You can obtain copies of the AAA rule and forms by contacting AAA at 1-800-778-7879 or www.adr.org. Any arbitration hearing that you attend will take place in the federal judicial district where you reside as of the date you execute this Agreement. Quo will pay all arbitration fees.
The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law.
The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s Claims. The arbitrator’s decision and judgment criteria will not have a precedential or collateral estoppel effect on Claims asserted by any individual or entity who was not party to the arbitration. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). This Arbitration Agreement will be governed by the FAA. If a court or arbitrator decides that this Arbitration Agreement cannot be enforced as to a particular Claim for relief, then that Claim (and only that Claim) must be severed from the arbitration and may be brought in court. Individual Claims filed in small claims court are not subject to this Arbitration Agreement as long as the Claim remains in small claims court. The arbitrator alone will have the authority to interpret the scope and enforceability of this Arbitration Agreement, except that any Claim concerning the scope or enforceability of the prohibition on class, collective, or representative Claims, or Claims in arbitration for public injunctive relief, will be resolved by the state and federal courts in city and county of San Francisco, California in accordance to California law.
23. Apple Store Terms and Conditions:
If you downloaded the Quo App from the Apple App Store, the following terms also apply to you:
A. Acknowledgement: You acknowledge that these Terms are between you and Quo only, and not with Apple; and Quo, not Apple, is solely responsible for the Quo App and the content thereof.
B. Scope of License: The license granted to you for the Quo App is a limited, non-transferable license to use the Quo App on a Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
C. Maintenance and Support: Quo and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Quo App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Quo App.
D. Warranty: Quo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Quo App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Quo App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Quo’s sole responsibility.
E. Product Claims: Quo, not Apple, is responsible for addressing any user or third party claims relating to the Quo App or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Quo App fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
F. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Quo App or your possession and use of the Quo App infringes that third party’s intellectual property rights, Quo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
G. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
H. Developer Contact Info: Direct any questions, complaints or claims to: Quo Inc. at firstname.lastname@example.org
I. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Quo App.
J. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
24. Banking Disclosures:
Electronic Fund Transfer Disclosure Statement. The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.
Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application.
Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.
Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.
Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) Business Days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this section may be extended for a reasonable period.
Support for Users with Bank Services Provided Through Synapse. Users with bank services provided through Synapse, one of Quo's banking software providers, may report complaints relating to the bank services to email@example.com.
ACH and Card Limits for Users with Bank Services Provided Through Synapse. Users with bank services provided through Synapse, Quo's banking software providers, you will by default have no ACH debit or credit authorization for your deposit account. Your deposit account can only receive funds via loan proceeds and merchant returns. You will have a default daily ACH credit limit of $1,050 and default yearly ACH credit limit of $18,000 a year to any loan account. You will have a default daily debit card limit of $1,000 and a default yearly debit card limit of $15,000. You will have a default daily deposit to loan transfer limit of $1,050 and a default yearly deposit to loan transfer limit of $18,000. Your maximum loan amount will be determined based on a number of criteria, but the maximum loan amount you can be authorized to receive is $1,000. You will have a default daily maximum loan to deposit account transfer limit of $1,050, and a default yearly maximum loan to deposit account transfer limit of $18,000. If you need access to higher limits for ACH or card transfers, please reach out to support by emailing firstname.lastname@example.org.
In addition to these limits, Quo reserves the right to cancel or suspend transactions at any time due to fraud or compliance related concerns.