TERMS OF SERVICE

Effective Date: April 1, 2026

ATM.com, Inc. d/b/a ATM.com (referred to herein as “ATM.com”) is a US- based business that owns the atm.com website and mobile apps. All references to “we”, "us", “our”, “ATM”, “Company”, or this "Website" shall be construed to mean ATM.com.

These Terms of Service constitute a legally binding agreement that explains the terms and conditions that govern your access and use of this Website, our online and/or Mobile Application (the “Application” or “App”), mobile services, content, features, and software accessible through or in connection with this Website together with any other service performed for you by us in connection with this Website (collectively, the “Services”).

Consumer Fairness

ATM.com designs the Services to prioritize transparency, voluntary participation, and user control.

Nothing in these Terms is intended to waive non-waivable consumer rights under applicable law.

Where these Terms permit discretion, ATM.com exercises that discretion consistent with principles of fairness and regulatory compliance.

ATM.com® is a registered trademark for the Services, licensed for our use by ATM.com, Inc.

BY ACCESSING OR USING THE SERVICES, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I ACCEPT”, “I AGREE”, OR SIMILAR MARKING, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS (THE “TERMS” OR “AGREEMENT”), AND TO OUR PRIVACY POLICY LINKED AT THE BOTTOM OF OUR WEBSITE’S AND MOBILE APP’S PAGES. ACCEPTANCE OF THESE TERMS AND ACCESS TO THE SERVICES IS STRICTLY LIMITED TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF, AND PHYSICALLY LOCATED WITHIN, THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA AND ARE OF AGE EIGHTEEN (18) YEARS OR OLDER. IF YOU ARE ATTEMPTING TO ENTER INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, ATM.COM IS UNWILLING TO ALLOW YOU TO OPEN AN ACCOUNT AND TO USE THE SERVICES, WHEREUPON YOU SHOULD DISCONTINUE THE REGISTRATION PROCESS.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 22 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS IN ACCORDANCE WITH SECTION 22.11 OF THIS AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

As used in these Terms, “You”, “you", "your", “member”, and “user” or similar terms mean the person who uses or accesses the Services. “Account" or “ATM.com Account” means the account you establish with us for the Services. “Bank Account” means your own personal checking or savings bank account and associated debit card that you voluntarily link to us but that is separate from your ATM.com Account and the Services. “Credentials” means username, email address, mobile phone number, PIN, password, and any log-in information that is used to access the Services.

The Services are controlled and offered by ATM.com from the United States of America for users located in the fifty United States which includes the District of Columbia but excluding Puerto Rico, US Virgin Islands, and other United States territories and possessions (the “Service Area”). ATM.com is not a financial planner or advisor and we make no guarantees or representations that the Services are appropriate for you. Those who access or use the Services from locations other than the Service Area do so at their own risk and are responsible for compliance with local law.

While we strive to provide you with the best possible experience, please understand that from time to time, unforeseen issues may occur that are beyond our control. This could include, but is not limited to, service interruptions, bugs, errors, or data loss. In such cases, we cannot guarantee that our services will be error-free or that all issues can be fixed immediately. However, we are committed to addressing and resolving any problems as promptly as possible. We ask for your patience as we work to correct these issues. By using our services, you acknowledge that, limited to the extent permitted by law, we are not liable for any damages resulting from these unforeseeable circumstances, though we will make every reasonable effort to minimize disruptions and correct problems to the best of our ability while realizing that there are some issues that may not be able to be resolved.

1. ABOUT ATM.COM; SERVICES

ATM.com provides technology-enabled financial wellness services. The legal classification of financial products may change over time as laws evolve.

These Terms describe how the Services function economically and operationally. Nothing in these Terms waives rights or protections required by law.

1.1 General

To access and use the Services, you must register and create a user account. See Section 1.6 for details regarding identify verification and Section 8.1for eligibility requirements.

ATM.com helps you earn money by completing Offers (as described below in Section 1.2) in numerous ways, without ATM.com selling your personal information (our limited rights to share your personal information are described in our Privacy Policy). ATM.com also offers cash advances to qualified users.

If you leave the ATM.com App through a link to an external source, it is up to you to decide what information you wish to share with third-party brands when calling, shopping, buying, and filling out forms or questionnaires. While ATM.com does not share your personal information with other companies, if you choose to start a survey in exchange for Offers, limited personal information may be shared with our third-party survey provider in order to better qualify you for a survey and maximize your earnings.

Your earnings will be recorded in your ATM.com Account. Completed Offers may be recorded instantly but some may take up to 60 days based on reporting and tracking limitations with third party companies and networks.

To protect our User community from fraud and bad acts, including money laundering, your funds will be in an unearned state and not considered earned until your ATM.com Account balance reaches a threshold amount (the “Minimum Account Balance”). This Minimum Account Balance is determined at the discretion of ATM.com and may vary from account to account. Once your earned Account balance reaches the Minimum Account Balance, you can withdraw funds in excess of it. We reserve the right to waive or modify this withdrawal policy at our discretion. We keep this Minimum Account Balance policy to withdraw cash as a way to protect you and/or the User community from fraud and in turn make payments faster. As another fraud protection measure, new users will not be allowed to withdraw any funds for 48 hours after they become active.

All available user funds, including, but not limited to, offer payouts and earnings, will be held in your ATM.com Account indefinitely until you choose to withdraw some or all of your ATM.com Account balance.

We will generally transfer the requested funds from your ATM.com Account to your personal bank account that you have linked to your ATM.com Account (together with that bank account’s associated debit card, your “Bank Account”) within four to six banking business days of when we receive your request. It is important for you to know the amount of available funds in your ATM.com Account before instructing us to transfer funds from your ATM.com Account to your Bank Account. If you do not have sufficient available funds in your ATM.com Account to cover the amount of the requested transfer, your request for the transfer will be declined.

Users may also take advantage of the Instant Withdrawal feature which enables users to withdraw funds directly to their linked debit card – a transaction which will happen immediately upon submission. This feature is subject to withdrawal minimums and also to a transaction fee which will be disclosed to the User prior to completion of the transaction request.

We may also transfer funds from your ATM.com Account to your Bank Account without notice to you upon the closure of your ATM.com Account as described below and at any time, including if required by applicable law, or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.

See Section 2.3 for details relating to account closures and deletions.

ATM.COM DOES NOT IN ANY WAY WARRANT OR GUARANTEE THE SUCCESS OF ANY ACTION WHICH YOU TAKE IN RELIANCE ON THE INFORMATION PROVIDED AT THIS WEBSITE OR THE APP. WE DO NOT WARRANT THAT YOU WILL MAKE ANY MONEY OR THAT YOU WILL NOT LOSE MONEY. ATM.COM IS NOT A FINANCIAL ADVISER, AND THE SERVICES ARE NOT INTENDED TO PROVIDE FINANCIAL ADVICE. WE ARE NOT AN INVESTMENT ADVISOR, WE DO NOT PURPORT TO AND DO NOT, IN ANY FASHION, PROVIDE INVESTMENT ADVICE, TAX, ACCOUNTING, ACTUARIAL, RECORDKEEPING, LEGAL, OR ANY RELATED SERVICES OR ADVICE. WE ARE NOT RESPONSIBLE FOR ENSURING YOUR BANK ACCOUNT HAS SUFFICIENT FUNDS FOR YOUR NEEDS, PURPOSES, OR TRANSACTIONS. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND THAT THE SERVICES ARE APPROPRIATE FOR YOU. BEFORE USING THE SERVICES, YOU SHOULD CONSIDER OBTAINING ADDITIONAL INFORMATION AND ADVICE FROM A FINANCIAL ADVISER.

1.2 Basic Services

ATM.com offers the following Basic Services to users at no cost - there are no fees associated with accessing these features of the App:

A. OffersATM.com pays our users as compensation for actions leading to ATM.com receiving revenue from the advertising brands we partner with (“Offers”). Actions can include things like placing calls with a minimum duration, receiving a quote, going to third-party websites to shop, buying, ordering services, filling out lead forms, playing games, or responding to surveys. Offers are paid to you directly from ATM.com. The companies themselves are not paying you, but instead, ATM.com derives advertising revenue from the companies and brands that you successfully interact with via the App. A portion of ATM.com’s advertising revenue is used to pay you for your completed actions.

For the purpose of delivering contextually relevant Services and optimizing commercial outreach, we collect information relating to your device's geographical location and proximity (collectively, "Geospatial Data"). This Geospatial Data, whether precise or general, may be used for purposes including, but not limited to, tailoring advertisements, providing personalized promotional offers, and customizing service features based on your present or past location. You acknowledge this collection is subject to your device's operating system permissions, and that controls for disabling or opting out of this data collection may be accessed through your device settings, as further described below.

For Offers that utilize location tracking, users may disable and opt out of location tracking permissions by clicking this in-app link – atmapp://app.navigator/?nav=system_settings - which will direct the user to the appropriate screen of their smart phone settings.

B. Data OffersAnother way to earn money with our Services is by answering Data Vault Questions. Each day that you log into the App, you will have the opportunity to answer a number of questions. For each question that you answer, you will earn a small amount of money. Your responses may be shared with trusted third parties and used by ATM.com to analyze, improve, and enhance your user experience. See our Privacy Policy for more information on how we protect your data.

C. Community OffersATM.com users can earn passive income through Community Offers, which are supported by the use of de-identified and statistical data derived from our users. We may collect, process, and commercially exploit information gathered through the Services, including, but not limited to, granular data elements that have been processed to be permanently de-identified and anonymized ("Anonymized Data Sets"). These Anonymized Data Sets, which may be provided to commercial partners on an individual or aggregated basis, are leveraged for internal business operations and external purposes, including, but not limited to, developing, commercializing, and licensing broad data-driven products, predictive models, industry trend analysis, strategic business reporting, risk management, and the creation of targeted opportunities for our users. All such data is processed to ensure it cannot reasonably be used to identify any individual user or their device.

1.3 ATM Instant Cash™

A. Nature of the ServiceATM Instant Cash is a short-term advance of funds made available through the Services against expected future deposits to your linked Bank Account.

An Advance allows you to receive funds before your next anticipated deposit. ATM.com attempts to recover the Advance and applicable fees through an authorized debit to your linked Bank Account on or after your next expected deposit date, as described below.

An Advance is non-recourse. This means ATM.com does not pursue legal action, sell debt, or engage third-party debt collectors to compel repayment. However, unpaid Advances may affect your eligibility to receive future Advances or certain Services.

ATM Instant Cash is a financial service feature of the App. It is not a deposit account, savings account, or credit card product. ATM.com is not a bank.

Credits and debits will appear on your card or bank statement with the descriptor in some variation of “ATM_com Instant Cash” or “ATM_com Monthly Platform Fee”.

B. EligibilityTo request an Advance, you must:

be an individual (not a business entity)
be at least 18 years old
be a U.S. resident, with a valid Social Security number, located within the Service Area
link a qualifying Bank Account
satisfy ATM.com’s automated eligibility criteria

Eligibility is determined using automated analysis of account activity and other risk signals. Approval is discretionary and may change at any time. Approval of one Advance does not guarantee approval of future Advances.

C. Amount of AdvancesAdvance amounts are determined algorithmically using historical deposit and spending patterns and other risk factors.

At its sole discretion, ATM.com may:

increase or decrease Advance limits
restrict frequency
deny requests
modify eligibility criteria

D. FeesEach Advance may include:

a Transaction Fee (if applicable)
a Platform Fee (if applicable)
any voluntary Tip you choose to add

All fees are disclosed before you confirm the Advance.

Fees are part of the cost of accessing the Instant Cash service and are not interest. Fees do not accrue over time.

A separate section of these Terms explains how fees begin, recur, and stop.

E. Voluntary TipsYou may choose to add a voluntary Tip when requesting an Advance.

Tips are optional and declining to provide a Tip has no effect on approval, eligibility, delivery speed, or access to Services.

A Tip does not:

increase approval likelihood
increase Advance amount
speed delivery
affect eligibility
affect account standing
affect future approvals

Declining to add a Tip has no negative consequence.

Tips are treated as voluntary payments and are added only if you affirmatively select them.

F. DisbursementApproved Advances are typically delivered within approximately one hour, though timing may vary due to bank processing limitations.

ATM.com may use micro-deposits or verification transactions to confirm account ownership.

Delivery timing is not guaranteed.

G. Repayment AuthorizationYou authorize ATM.com to attempt repayment through an automated debit from your linked Bank Account on or after your next expected deposit date.

ATM.com may:

retry failed debits
collect partial payments
recover funds from your ATM.com ledger balance until the Advance and associated fees are satisfied.

You may prepay an Advance at any time from within the App.

H. Insufficient FundsATM.com attempts to detect sufficient funds before initiating repayment but cannot guarantee that overdrafts will not occur.

You are responsible for maintaining sufficient funds in your Bank Account.

ATM.com is not responsible for overdraft or bank fees.

I. Non-Repayment EffectsIf an Advance is not repaid:

your eligibility for future Advances may be restricted
certain Services may be limited
your account may be suspended

ATM.com does not file credit reports, pursue legal judgments, or sell unpaid Advances.

J. CancellationATM.com may suspend or terminate Instant Cash access to prevent fraud, abuse, or misuse.

This includes suspected:

identity theft
account manipulation
artificial deposit patterns
evasion of repayment
violations of law

L. Regulatory ComplianceATM.com reserves the right to modify, restrict, or discontinue Instant Cash to comply with applicable law or regulatory guidance.

Nothing in this section waives consumer protections required by law.

1.4 How Fees Work

A. Types of FeesDepending on how you use the Services, the following fees may apply:

Transaction Fees associated with Instant Cash Advances
Initial Platform Fee (one-time activation fee, if applicable)
Monthly Platform Fee for ongoing platform access
Maintenance or inactivity fees associated with Account status

Not all users incur all fees.

B. When Fees BeginFees begin only after you affirmatively confirm a transaction or activate a feature that carries a fee.

You will see the applicable fee before you complete the action that triggers it.

C. Recurring FeesIf you activate a feature that includes a recurring Platform Fee:

the Platform Period begins on the activation date
the fee recurs monthly on or about the anniversary date
he fee continues until you pause or cancel the feature

You may cancel recurring access at any time in the App.

D. When Fees StopRecurring fees stop after:

you cancel the feature, and
the current Platform Period ends

Canceling does not retroactively refund fees already charged for an active period.

Outstanding Advances or fees remain payable after cancellation.

E. Interaction Between Fees and AdvancesReceiving a new Advance during an active Platform Period does not restart the Platform Period or duplicate the Platform Fee.

Each Advance carries its own disclosed Transaction Fee.

F. Inactivity and Maintenance FeesInactive Accounts may incur maintenance fees as described elsewhere in these Terms.

You can avoid inactivity fees by accessing the Services

G. No Hidden FeesATM.com does not charge undisclosed fees. All fees are presented before confirmation.

H. Personal Finance and Other Bonus FeaturesWhen you apply and are approved for an ATM Instant Cash Advance, you are enabled to use our suite of Personal Finance tools at no extra cost and will have access to them while your account is in good standing.

ATM Personal Finance is a set of tools to give users insights into their spending to increase their financial health and plan better for today and the future. The benefits offered through ATM Personal Finance include:

Spending and cashflow insights
Budgeting and low balance alerts
Subscription and bill tracking
Bank Account monitoring

Other bonus features may be available from time to time. ATM reserves the right to modify or cancel bonus features at any time.

I. General TermsOnce an ATM Instant Cash transfer is requested, confirmed and agreed to, it cannot be cancelled or changed.

By confirming your ATM Instant Cash Advance and authorizing debits to your linked Bank Account, you agree to not dispute ATM.com debiting your Bank Account so long as the transaction corresponds to the terms you have confirmed.

If you have requested to have your account closed and you have an outstanding, unsettled Instant Cash Advance, the account closure will not be processed until repayment of the Advance has been received.

1.5 Banking

ATM.com is not a depository institution. ATM.com is not a bank; your ATM.com Account is a ledger account. ATM.com is not acting as a trustee, fiduciary or escrow with respect to your funds.

You must own and be the authorized user of the linked Bank Account. You are responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. By using the Services provided by ATM.com, you represent and warrant that you will safeguard your Bank Account information and will supervise and be completely responsible for any use of your Bank Account by you and anyone other than you.

1.6 Identity Verification

To help the government fight the funding of terrorism and money laundering activities, US Federal law requires all financial institutions and companies like ours to sometimes obtain, verify, and record information that identifies each person as a “customer” who opens an account. Identity verification is also needed to provide certain Services to you.

As part of the verification process to eliminate fraud and for tax reporting requirements, when you register for the App or apply for ATM Instant Cash or take similar actions, we may ask you for your name, date of birth, street address, identification number (like a Social Security Number), debit card information, and any other information that will allow us to identify you as the customer associated with the bank account to be linked. We may also ask you to submit copies of your government-issued photo ID, proof of residential address, a recent bank statement, or similar information. All data will be by transmitted by an independent third-party service utilizing secure, encrypted means. Please review our Privacy Policy for details.

Failure to provide verification of your identity and/or registered information when requested may result in the inability to open an account, the termination of your ATM.com account or limiting of available Services. In the event we have accepted any funds from you in connection with an account application or otherwise, you will be responsible for providing us a mailing address to which payment of any refund can be sent.

We may share the information you have provided us, in accordance with our Privacy Policy, to our banking or other partners in connection with opening and maintaining an account for you.

2. FEES; PAUSES AND CANCELLATIONS; CLOSURES; REFUNDS; CHARGEBACKS

2.1 Maintenance and Inactivity

A maintenance fee of $3 per month will be deducted from all users’ ATM.com Account Balances on a monthly basis. For active users, ATM will waive the monthly maintenance fee. (See Section 8.4 for additional details including what we mean by “active”). If your ATM.com balance is insufficient to cover the full fee at the time of your monthly deduction, the remaining balance of repayment will be deducted. Fee deductions will not bring an ATM.com Account below a $0.00 Account balance. ATM.com maintains the right to waive these fees at their discretion.

2.2 Payment of Fees

We reserve the right to deduct cash advance repayment funds, or payment for any fees (Transaction Fees and Monthly Platform Fees, for example) from your ATM.com Account if we are unable to process them from your Bank Account.

Platform Fees will be deducted separate and apart from deductions for repayment of ATM Instant Cash and associated fees. Receipts for repayments to ATM.com will be sent to your email on record and will also be visible in the App settings.

ATM.com avoids attempting to charge any fees or deduct a repayment if we detect that your account does not contain sufficient funds.

We monitor your Bank Account balance and do our best to ensure you have sufficient funds before debiting your account for the Platform Fee, but the company makes no warranties that an overdraft will not occur. If our attempt to charge your Bank Account is denied for any reason, we reserve the right to make additional subsequent attempts when we detect a positive balance in order to collect unpaid balances from prior months as well as for the current period. If your Bank Account balance is not equal or greater than the amount due us, we may implement partial payments until the entire balance has been repaid.

If our attempts to debit your Bank Account for repayment are unsuccessful because of insufficient funds to cover the repayment or an invalid account or some other situation, we may notify you by an in-app notification, a push notification, an SMS message, email, or a combination of those. We also reserve the right to deduct repayment funds from your ATM.com Account if we are unable to process the payment from your Bank Account.

Should an overdraft occur, we are not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees you are charged because you fail to maintain a sufficient balance in your Bank Account, including any overdraft resulting from a debit initiated by us that had been approved by you.

2.3 Account Closures

You may close your account by clicking the Account Deletion icon. Once your account is closed, it cannot be reopened but we may waive this policy at our discretion.

If you close your account and have a remaining balance, ATM.com will attempt to return funds to your linked Bank Account after fraud review.

If funds cannot be returned due to invalid banking or identity verification issues, they will be handled under applicable unclaimed property laws. ATM.com does not permanently retain returnable user funds.

You remain responsible for maintaining accurate account information to receive disbursements.

To collect the final funds when an account is closed, there is a delay of 60 days before the transfer to your Account is commenced and the actual transfer may then take a few business days. The 60-day delay is to protect our User community from fraud. Users can view their Available Balance by clicking on the Wallet icon in the App and their Withdrawable Balance will be displayed. When the account is closed, disbursement of the full balance will be processed for accounts equal to or over the Minimum Account Balance; no disbursements will be made if the Minimum Account Balance is not satisfied. We reserve the right to waive or modify the Minimum Account Balance policy at our discretion.

If your account has been suspended or flagged for potential misuse, you will not receive your account balance until your identity has been verified by using a secure link that will be presented to you.

If you request to have your account closed and you have an outstanding, unsettled Instant Cash Advance, the account closure will not be processed until repayment of the Advance has been received.

2.4 Platform Period Pauses and Cancellations

You may pause Platform Periods at any time from within the App. If you pause Platform Periods, your access to Personal Finance and other bonus features will be discontinued at the end of the final covered Platform Period.

Pausing your Platform Periods will not alter or stop the scheduled repayment of Instant Cash and associated fees.

2.5. Refunds; Chargebacks

Transaction Fees and tips are non-refundable.

See Section 8.7 below for important information and more details regarding chargebacks.

2.6 Errors and Disputes

ATM.com complies with the Electronic Fund Transfer Act of 1978 (15USC§1693 et seq.) in order to protect users from fraud and account errors. The EFTA sets guidelines for how you can be protected from unauthorized electronic transactions like debit card payments and online transfers. For more information and details relating to disputes or errors, please refer to Sections 4, 6, and 22 below.

3. YOUR AUTHORIZATION FOR AUTOMATED CLEARING HOUSE (ACH) AND OTHER DEBITS & CREDITS

By agreeing to these Terms, you authorize ATM.com to electronically debit and credit your Bank Account (either a checking or savings account) via ACH, bank, or debit card transfers in order to provide the Services, including ATM Instant Cash. This authorization includes, if ever applicable, correction of erroneous debits and credits via ACH, as follows:

Range of Acceptable Debit Amounts: $5 to $50 per transaction; Maximum $100 per Business day (as defined below)
Frequency of Debits: Up to one time per Business Day
Effective Date of Transactions: The Business Day on which any ACH transaction is scheduled

You agree to indemnify and hold harmless ATM.com from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Bank Account if any of the information relied upon in your request to stop payment is incorrect or incomplete.

You warrant and represent to ATM.com that you have the right to authorize us to charge and credit your Bank Account for payments due to us under this Agreement.

From time to time, we may offer free trials which require you to provide us with your debit card information. If you cancel the free trial before the end of the trial period, your debit card will not be charged. If you do not cancel before the end of the trial period, your debit card will be charged on the last day of the trial period. Thereafter, you may cancel at any time in accordance with other polices detailed in these Terms.

You acknowledge that the electronic authorization contained in this Section represents your written authorization for debit or credit transactions as provided herein and will remain in full force and effect until you notify ATM.com that you wish to revoke this authorization by emailing support@atm.com. You must notify ATM.com in order to cancel this authorization. You should print a copy of this authorization for your records. ATM.com reserves the right to cancel and close your account if this authorization is revoked.

Revocation of ACH approval will not be processed until any and all transfers and pending transactions have been processed and settled. This includes withdrawals and deposits to your Bank Account, as well as unsettled ATM Instant Cash fees and repayments.

In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.

4. ELECTRONIC FUND TRANSFER

The following disclosures are made in accordance with the federal Electronic Fund Transfer Act of 1978 as amended regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account. It is also referred to as the Federal Reserve Board Regulation E. Click to view the full text of the US Code or Regulation E.

There may be limitations on account activity that restrict your ability and any such limits are disclosed in the agreements and Terms governing your account.

The disclosures in this Section 4 apply to all electronic transfers including any monthly recurring fees for Services as described in these Terms of Service.

4.1 Electronic Fund Transfer Definitions

An Electronic Fund Transfer (EFT) is a transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is processed by electronic means including, but not limited to, transfers to/from a bank account, a debit card and ACH transfers, as instructed by You.

A Preauthorized Electronic Fund Transfer is an EFT that You have authorized in advance to recur at substantially regular intervals, such as a monthly membership or Platform Fee.

An Unauthorized Electronic Fund Transfer is an EFT from Your account initiated by a person other than You and from which You receive no benefit – with some exclusions.

For the purpose of this Section 4, an Access Device (“Device”) is defined as a card, code, or other means of access to a consumer’s account or a combination of these used by a consumer to initiate EFTs. Devices include debit cards, personal identification numbers (PINs), telephone transfer and telephone bill payment codes, and other means to initiate an EFT.

4.2 Your Liability

Authorized Transfers: You are liable for all EFTs that you authorize, directly or indirectly.

Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) 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, you can lose no more than $50.00 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 $500.00. 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 4.2 may be extended for a reasonable period.

If your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Fund 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.

Unauthorized Transfers: Contact us immediately at support@atm.com if you believe that an unauthorized EFT has occurred or may occur concerning your Bank Account or if your App login Credentials have been lost, stolen or compromised.

4.3 Our Liability

We will provide you information about each transaction that debits or credits your linked Bank Account or linked Debit Card.

We will be liable for actual damages proximately caused by our error or failure to complete a transaction on time or in the correct amount when properly instructed by You in accordance with this Agreement.

We will not be liable for losses or damages if: the Bank Account you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution; a third party’s app or other system breaks down or does not work properly; the Services were not working properly and you knew about the problems when you started your payment; through no fault of ours, you do not have enough money in your Bank Account to make a payment; we do not complete a transaction because we had reason to believe the transaction is unauthorized or illegal; we cannot complete a payment due to fraud or attacks on our systems or the Services; circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken; and other possible exceptions as stated elsewhere in these Terms of Service.

4.4 Documentation

A history of your ATM Instant Cash Advance deposits and repayments can be viewed within the ATM App by navigating to the account settings page and clicking on “ATM Instant Cash”. You will not receive printed statements listing transactions; transactions will appear only on your Linked Bank Account statements or in the App.

5. ANTI-MONEY LAUNDERING / SANCTIONS / COMPLIANCE WITH LAW

ATM.com may restrict, suspend, delay, or refuse transactions or account access when reasonably necessary to:

comply with anti-money laundering laws
comply with sanctions programs
prevent fraud
respond to legal process
cooperate with law enforcement
comply with regulatory guidance

ATM.com is not liable for delays or restrictions required by law.

Nothing in these Terms limits your rights under applicable consumer protection statutes.

6. ERROR RESOLUTION

6.1 General Error Resolution — ATM.com Account Transactions

A. What to Do If You Think There Is an ErrorIf you believe there has been an error involving a transaction on your ATM.com Account — including but not limited to an incorrect amount debited or credited, an unauthorized transaction, a transaction you did not authorize, a failure to properly complete a transfer, or a mathematical or computational error — contact us as soon as possible by emailing support@atm.com or by contacting us through the App. You may also write to us at ATM.com, Inc., P.O. Box 7475, Newport Beach, CA 92658-7475, Attn: Error Resolution.

ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH ATM.COM MUST BE DIRECTED TO ATM.COM, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU MAINTAIN YOUR LINKED BANK ACCOUNT. ATM.com is responsible for the Services and for resolving any errors in transactions made in connection with the Services.

B. Time Limit for Reporting ErrorsYou must notify ATM.com of a suspected error no later than sixty (60) days after ATM.com sends or makes available to you the first statement, receipt, transaction history, or other written record on which the error or problem appeared. ATM.com strongly encourages you to report suspected errors as soon as you become aware of them, as prompt reporting enables faster investigation and resolution. If you fail to notify us within sixty (60) days, you may lose the ability to recover any funds lost after the sixty (60) day period if we can demonstrate that we could have prevented the loss had you notified us in time.

C. Information Required When Reporting an ErrorWhen contacting ATM.com to report a suspected error, please provide the following information:

Your full name and the login ID, email address, and phone number associated with your ATM.com Account
A clear description of the error or the transaction you believe was unauthorized or incorrect, including why you believe it is an error
The date of the transaction or error
The dollar amount of the suspected error or unauthorized transaction
Any additional information that may help us identify and investigate the error

You may be asked to provide your report in writing. If we request a written confirmation and you do not provide it within ten (10) business days of our request, we may not be obligated to provisionally credit your Account as described in below.

D. ATM.com's Investigation and Resolution TimelineUpon receiving your error report, ATM.com will investigate promptly. The following timelines apply:

Standard Investigation Period. We will determine whether an error occurred within ten (10) business days of receiving your complete error report and will correct any error promptly. During this period, we will have full use of the funds in question.
Extended Investigation — Provisional Credit. If we need additional time to investigate — up to forty-five (45) days from receipt of your error report for standard transactions — we will provisionally credit your ATM.com Account for the amount you believe is in error within ten (10) business days of receiving your report, so that you will have use of the funds while the investigation is pending. We will notify you of the provisional credit when it is applied.
New Account Transactions. If the error involves a transaction on an ATM.com Account that has been open for thirty (30) days or less, the investigation period may be extended to twenty (20) business days (instead of ten) before provisional credit is required, and the extended investigation period may be up to ninety (90) days (instead of forty-five).
Point-of-Sale and Foreign-Initiated Transactions. If the error involves a point-of-sale transaction or a transaction initiated outside the United States, the extended investigation period described in Section 6.1(D) may be up to ninety (90) days from receipt of your error report, rather than forty-five (45) days.
Notice of Results. We will notify you of the results of our investigation within three (3) business days after completing it. If we determine that an error did occur, we will correct it promptly, including crediting any applicable interest and reversing any related fees where required. If we determine that no error occurred, we will provide you with a written explanation and, if applicable, reverse any provisional credit previously applied. You may request copies of the documents we relied upon in making our determination.
Reversal of Provisional Credit. If we provisionally credited your Account and subsequently determine that no error occurred, we will reverse the provisional credit. We will notify you at least five (5) business days before reversing any provisional credit so that you have an opportunity to withdraw the funds.

E. Limitations on ATM.com's Liability for Unauthorized TransfersIf you notify ATM.com within two (2) business days after you learn of the loss or theft of your Credentials or mobile device, ATM.com's liability for unauthorized transfers shall not exceed fifty dollars ($50.00).

If you do not notify ATM.com within two (2) business days after you learn of the loss or theft of your Credentials or mobile device, and ATM.com can demonstrate that it could have prevented the unauthorized transfers had you notified us in time, ATM.com's liability for unauthorized transfers that occur after the two-business-day period shall not exceed five hundred dollars ($500.00).

If you fail to report an unauthorized transfer that appears on a statement or transaction history within sixty (60) days of the date that statement or record was sent or made available to you, and ATM.com can demonstrate that it could have prevented the loss had you reported it in time, you may be liable for the full amount of the unauthorized transfers occurring after the sixty (60) day period.

These liability limitations are provided in accordance with the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq., and Regulation E, 12 C.F.R. Part 1005. Nothing in this Section 6.1(E) shall be construed to limit ATM.com's liability beyond what applicable law permits or to expand your liability beyond what applicable law allows.

6.2 Error Resolution for ATM Instant Cash

A. ScopeThis Section 6.2 applies specifically to errors involving ATM Instant Cash transactions, including errors in the amount of an Advance disbursed, unauthorized Advance requests, incorrect repayment debits, and any other transaction error arising from or relating to ATM Instant Cash. For all other Account transaction errors, Section 6.1 applies.

B. What to Do If You Think There Is an ErrorIf you believe there has been an error involving an ATM Instant Cash transaction, contact us as soon as possible by emailing support@atm.com. Please do not contact your linked bank or financial institution to dispute an ATM Instant Cash transaction — ATM.com is solely responsible for resolving errors arising from ATM Instant Cash transactions.

C. Time Limit for Reporting ErrorsYou must notify ATM.com of a suspected ATM Instant Cash error no later than sixty (60) days after ATM.com sends or makes available to you the first statement, receipt, or written record reflecting the transaction in question. Prompt reporting is strongly encouraged.

D. Information Required When Reporting an ErrorWhen reporting a suspected ATM Instant Cash error, please provide:

Your full name and the email address and phone number associated with your ATM.com Account
A clear and detailed description of the transaction you believe is in error and why you believe it is an error
The date and amount of the transaction in question
Any supporting documentation you have, such as screenshots of transaction confirmations or bank statements

E. Investigation and Resolution TimelineThe same investigation and resolution timelines set forth in Section 6.1(D) apply to ATM Instant Cash error investigations, including the standard ten (10) business day investigation period, the extended forty-five (45) day investigation period with provisional credit, the new account timelines, and the point-of-sale and foreign-initiated transaction timelines. ATM.com will notify you of the results of any ATM Instant Cash error investigation within three (3) business days after completing it.

F. Repayment DisputesIf you believe that ATM.com incorrectly debited your linked Bank Account for repayment of an ATM Instant Cash Advance — including but not limited to a debit in the wrong amount, a debit taken on the wrong date, or a duplicate debit — you must report the error in accordance with Section 6.2 within the sixty (60) day period described in Section 6.2(C). ATM.com will investigate and, if an error is confirmed, will promptly credit your ATM.com Account or your linked Bank Account for the erroneous amount, as appropriate.

You agree that you will not attempt to resolve repayment disputes by initiating a chargeback or dispute directly with your bank or debit card issuer. Initiating a chargeback in lieu of using ATM.com's error resolution process may be treated as a violation of these Terms as described in Section 8.7.

G. CFPB and Regulatory ComplaintsNothing in this Section 6.2 limits your right to file a complaint with the Consumer Financial Protection Bureau ("CFPB") or any other applicable state or federal regulatory authority. You may contact the CFPB at www.consumerfinance.gov/complaint or by calling 1-855-411-CFPB (2372). Filing a regulatory complaint does not toll the sixty (60) day error reporting period described in this Section 6.2, so you should contact ATM.com directly as soon as you become aware of a suspected error while simultaneously pursuing any regulatory complaint you wish to file.

6.3 Partner Offer Missing Credit Resolution

If you have completed an offer that has not registered as completed in the App, you must contact us by sending an email to support@atm.com as soon as possible. To be eligible for investigation and resolution, we must receive your support request within sixty (60) days of the date the offer was completed (the "Offer Credit Claim Period"). Completed offers that have not registered in the App will not be eligible for investigation or credit if we do not receive a timely support request before the end of the Offer Credit Claim Period.

Notwithstanding the foregoing, if you have initiated the informal dispute resolution process described in Section 22.2 of these Terms within the Offer Credit Claim Period, the Offer Credit Claim Period shall be tolled — meaning it shall stop running — for the duration of the informal dispute resolution period described in Section 22.2, and shall resume running only upon the conclusion of that process. This tolling provision ensures that your good-faith participation in the informal dispute resolution process will not cause you to forfeit your right to seek an offer credit under this Section 6.3.

For the avoidance of doubt, the Offer Credit Claim Period is a separate and independent deadline from any statute of limitations or filing deadline applicable to formal legal claims. Nothing in this Section 6.3 shall be construed to shorten or otherwise affect any statute of limitations period applicable to claims that are subject to the arbitration provisions of Section 22, which are governed by Section 22.2's tolling provisions.

If your support request is received within the Offer Credit Claim Period, ATM.com will investigate the matter and, if the offer completion is verified, will apply the appropriate credit to your ATM.com Account. ATM.com does not guarantee that all missing offer credits can be verified or recovered, as our ability to do so depends in part on reporting and tracking data received from third-party networks and advertisers, which may not always be available or conclusive.

7. COLLECTION AND USE OF THIRD-PARTY FINANCIAL INFORMATION

7.1 General Authorization

By using the Services, including ATM Instant Cash, you consent to and authorize ATM.com to access and collect your account transaction information maintained by non-affiliated third parties including, but not limited to, balance information, transaction dates, merchant names, and transaction types.

By using the Services, you grant ATM.com and our third-party service providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your relevant financial institutions. All data is transmitted and stored in compliance with our Privacy Policy and the privacy policies of the applicable third-party service providers. You have the right to opt out of this data collection at any time by contacting us at support@atm.com, provided that opting out may limit or eliminate your ability to use certain features of the Services, including ATM Instant Cash.

7.2 Cardlytics Partnership and Bank Transaction Data

ATM.com partners with Cardlytics, Inc. ("CDLX") to provide earning opportunities and Customer Incentives to you based on your banking transaction data. In connection with this partnership, your banking transaction data — which may include, but is not limited to, transaction amounts, merchant names, transaction dates, and transaction categories — will be accessed, processed, and used by CDLX to identify and deliver relevant earning opportunities and Customer Incentives to you through the Services. This data is provided to CDLX in part through Plaid, Inc. ("Plaid"), ATM.com's bank account connectivity provider.

BY AGREEING TO THESE TERMS, YOU ARE EXPRESSLY CONSENTING TO THE FOLLOWING, EACH OF WHICH IS DESCRIBED IN MORE DETAIL BELOW:

ATM.com and CDLX may access, use, and process your banking transaction data provided through Plaid for the purposes described in this Section 7.2
Your banking transaction data may be shared with and/or sold to third parties by CDLX in accordance with CDLX's own privacy policy, a current copy of which is available at [www.cardlytics.com/privacy-policy]. ATM.com does not control CDLX's data sharing or sale practices, and you should review CDLX's privacy policy carefully before agreeing to participate in the Customer Incentive program

You acknowledge that the sharing and/or sale of your banking transaction data to third parties as described above may constitute a "sale" or "sharing" of personal information under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, "CCPA"). Your rights with respect to the sale or sharing of your personal information, including your right to opt out, are described in Section 27 of these Terms and in our Privacy Policy. To exercise your right to opt out of the sale or sharing of your personal information, please visit [[Do Not Sell or Share My Personal Information]] or contact us at privacy@atm.com.

7.3 How to Opt Out of the CDLX Program

Your participation in the CDLX Customer Incentive program is voluntary. You may withdraw your consent for the sharing of your banking transaction data with CDLX at any time directly within the App. Upon withdrawal of your consent, ATM.com will cease sharing your banking transaction data with CDLX on a going-forward basis; however, data that has already been shared with or processed by CDLX prior to your opt-out may remain subject to CDLX's data retention and use policies, over which ATM.com has no control. Withdrawing your consent will remove you from the CDLX Customer Incentive program, and you will no longer receive Customer Incentives based on your banking transaction data.

Opting out of the CDLX program does not constitute a withdrawal of your general consent to ATM.com's collection and use of your financial data as described in Section 7.1 above, nor does it affect ATM.com's ability to provide the core Services to you.

7.4 Plaid Terms and Data Use

ATM.com uses Plaid, Inc. to establish and maintain secure connections between your Bank Account and ATM.com. By using the Services and linking your Bank Account, you agree to Plaid's Terms of Use and Privacy Policy, current versions of which are available at plaid.com/legal. You acknowledge that Plaid's collection, use, and sharing of your information is governed by Plaid's own privacy policy and is separate from ATM.com's Privacy Policy. ATM.com is not responsible for Plaid's data practices.

7.5 Categories of Third Parties with Whom Financial Data May Be Shared

In connection with the Services, your financial and banking transaction data may be shared with or accessed by the following categories of third parties:

Bank account connectivity providers (currently Plaid, Inc.)
Advertising and marketing analytics partners (currently including CDLX)
Fraud detection and identity verification service providers
Payment processing providers
Any successor or replacement service providers performing substantially similar functions

ATM.com will update this Section 7.5 if the categories of third parties with whom your financial data is shared materially change.

7.6 Your CCPA Rights Regarding Financial Data

If you are a California resident, you have specific rights under the CCPA with respect to your personal information, including your banking transaction data. These rights include the right to know what personal information is collected and how it is used, the right to delete your personal information, the right to correct inaccurate personal information, the right to opt out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights. A full description of your CCPA rights and how to exercise them is set forth in Section 27 of these Terms and in our Privacy Policy. To submit a privacy rights request, contact us at privacy@atm.com .

8. ELIGIBILITY AND AGE RESTRICTIONS; YOUR ACCOUNT AND PROHIBITED CONDUCT

8.1 Eligibility and Age Restrictions

To register and/or use the Services you must be a minimum of 18 years of age and be a legal resident of, and physically located within, the Service Area. Use by persons under the age of 18 is strictly prohibited. By registering and/or using the Services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your ATM.com Account, and you agree that you are the sole authorized user of your ATM.com Account.

8.2 Authorization to Retrieve and Use Information You Provide

By providing information about yourself, including your Credentials and other content through the Services (“Data Retrieval Information"), you are licensing such Data Retrieval Information to ATM.com for the purpose of providing the Services. You represent that you are entitled to provide the Data Retrieval Information to ATM.com to use for the purpose of providing the Services, without any obligation by ATM.com to pay any fees or be subject to any restrictions or limitations. You hereby authorize and permit ATM.com to use and store the Data Retrieval Information for the purpose of providing the Services, including configuring the Services to be compatible with third-party websites that enable ATM.com to provide the Services. ATM.com will store Data Retrieval information in encrypted form.

As part of these Terms and Agreement, and solely for the purpose of providing the Services, you grant ATM.com a limited power of attorney, and appoint ATM.com as your attorney-in-fact and agent, to access third-party websites, use Data Retrieval Information you provide, and retrieve Account Information, with the full power and authority to do and perform each task necessary in connection with such activities as you could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN ATM.COM IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY WEBSITES, ATM.COM IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY WEBSITE.

ATM.com cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or in loss of data. Further, ATM.com does not assume responsibility for the timeliness, accuracy, deletion, or non-delivery of, or failure to store, any data.

You represent and warrant to us that you have all rights to the Data Retrieval Information and Account Information that you provide to us via the Services. You are responsible for the accuracy and completeness of the Data Retrieval Information and Account Information you provide through the Services. You, and not ATM.com, are liable in the event that such Data Retrieval Information and/or Account Information is not accurate or complete. You agree that you will indemnify, defend, and hold harmless ATM.com for all claims by third parties resulting from Data Retrieval Information and/or Account Information that you provide us. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

8.3 Account Ownership and Responsibilities

Subject to your compliance with these Terms and Agreement, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal, or non-commercial use, and only in a manner that complies with all local, state, national, and foreign laws, treaties, regulations, and other legal requirements that apply to you or your use of the Services, including those relating to data security and data privacy. If your use of the Services is prohibited by applicable law, then you do not have authorization to use the Services. ATM.com is not responsible for unlawful uses of the ATM.com App or Services.

In addition to the other requirements listed throughout these Terms, in order to use the Services, you: (a) must register with us on the ATM.com Application or Website; (b) must be located in the United States of America (including District of Columbia but excluding Puerto Rico, US Virgin Islands, and other United States territories and possessions) (c) have a Bank Account with a U.S. financial institution; and (d) provide all information requested by us, such as your name, email address, mobile device number, Data Retrieval Information and Account Information, and such other information as we may request from time to time (collectively, "User Information").

Each ATM.com user may establish, maintain, use and control only one ATM.com Account. For avoidance of doubt, users may not "co-own" or “co-operate” ATM.com Accounts. Only one unique ATM.com account may be concurrently associated with one unique device at any given time. Only one unique device may be concurrently associated with one unique ATM.com account at any given time.

You may only have one Bank Account linked to your ATM.com account at any given time. Once that Bank Account is linked to your ATM.com account, that Bank Account is indefinitely tied to that account only. In other words, it can never be linked to any other ATM.com account. You may unlink a Bank Account to your ATM.com Account and replace it with another Bank Account but you may only link two Bank Accounts over the lifetime of your ATM.com account. We reserve the right to waive or suspend this limitation in special situations.

In the event ATM.com determines that a user has established, owned, maintained, used or controlled more than one ATM.com Account, or more than one user has used an ATM.com Account, in addition to any other rights defined by ATM.com, ATM.com reserves the right to suspend or terminate any or all such ATM.com Accounts and withhold or revoke any money earned through the Application associated with those accounts.

You are solely responsible for any and all activity that occurs through your Account and you agree not to sell, transfer, license or assign your Account or any Account rights. ATM.com strictly prohibits the creation of accounts for anyone other than yourself.

Additionally, you represent that all information you will provide or have provided to ATM.com upon registration and at all other times will be true, accurate, current and complete and you agree to update your User Information as necessary to maintain its validity.

You must keep your User Information current with us. In order to ensure that we are able to provide all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us, to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the App or Website.

Use of the Services may be available through a compatible mobile device with internet access and require certain software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees associated with them, as well as for complying with the terms of your mobile device and telecommunications provider.

ATM.com reserves the right to block a user from accessing all or certain of the Services as a result of non-compliance with the terms or suspicious user behavior.

It is your responsibility to keep your login ID and password secure and confidential. IF YOUR CREDENTIALS INCLUDING APP LOGIN ID OR PASSWORD ARE LOST OR STOLEN, NOTIFY US AT ONCE by emailing support@atm.com.

ATM.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO (A) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER OR ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (C) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS IN CONNECTION WITH THE SERVICES.

8.4 Account Status and Maintenance Fees

A. Active and Inactive AccountsAn "active" ATM.com Account is one that has accessed the Services within the last 45 days. Accessing the Services includes simply logging into the account in the App and/or utilizing any functions of the App. An "inactive" ATM.com Account is one that has not accessed the Services for a consecutive period of 45 days.

B. Maintenance FeeTo sustain an inactive account, ATM.com reserves the right to deduct a monthly maintenance fee of $3.00 from your ATM.com Account balance for each month the account remains inactive. The maintenance fee will not be assessed if your ATM.com Account balance is less than $3.00 at the time the fee would otherwise be applied — in other words, ATM.com will never charge a maintenance fee that exceeds your available account balance or that would cause your balance to go negative.

Abandoned Accounts. Accounts that have been inactive for more than 180 days may be considered "abandoned" and may be suspended or terminated at ATM.com's discretion. ATM.com will make reasonable efforts to notify you by email before suspending or terminating an abandoned account.

C. Return of FundsEscheatment. ATM.com will attempt to return any remaining balance in an abandoned account to your linked Bank Account. It is your responsibility to ensure your Bank Account is active and able to accept deposits. If ATM.com is unable to return your funds, those funds may be surrendered to the appropriate state governmental authority as required by applicable unclaimed property law. Each state has its own laws governing when an account balance is subject to escheatment. If required by applicable law, ATM.com will make reasonable efforts to contact you before transferring your balance to the state. After ATM.com surrenders funds to the applicable state authority, ATM.com has no further liability to you for those funds and you must apply directly to the appropriate state agency to reclaim them.

8.5 Account Funds

All monies earned via the Services provided by ATM.com are recorded as a liability of ATM.com to the user until said funds are claimed via an active ATM.com Account with an approved Bank Account that has reached the Minimum Account Balance. An active ATM.com Account is defined in Section 8.4 above. ATM.com uses Plaid (plaid.com) to connect users’ Bank Accounts to ATM.com. A user must connect a Bank Account that is supported by Plaid to form a secure connection with ATM.com. This is to ensure that funds can be securely transferred directly to a user’s Bank Account. Any Bank Account that is not supported by Plaid’s authentication services will not be accepted by ATM.com at this time, although exceptions may be made at the sole discretion of ATM.com. ATM.com reserves the right to block certain accounts that are offered by Plaid – PayPal, as an example.

8.6 Prohibited Conduct

You may not use the funds in your ATM.com Account to make purchases, withdraw cash, transfer funds to non-ATM.com affiliated third parties, or for any other purpose. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account.

You agree not to authorize any other person or entity to use your Credentials or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your Credentials, and other User information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your Credentials or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your ATM.com Account. If you suspect or become aware of any unauthorized activity or access to your Credentials or mobile device, you must contact us immediately at support@atm.com.

The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, "User Content").

You may not post any prohibited content including, but not limited to, pictures, videos, comments, or links of violent, discriminatory, unlawful, infringing, hateful, sexually explicit or pornographic content via the Services.

You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities, and you must not post private or confidential information in User Content via the Services, including, without limitation, your or any other person's credit card information, social security or other personal identification, non-public phone numbers or email addresses.

You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (i.e. federal, state, local and provincial) applicable to your use of the Services and your User Content, including but not limited to, copyright laws.

You may not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or ATM.com.

You agree that you will not solicit, collect or otherwise use the login credentials of other ATM.com users.

You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ATM.com page is rendered or displayed in a user's browser or device.

You understand and agree that ATM.com cannot and will not be responsible for the Content posted on the Services and you use the Services at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for ATM.com, we can stop providing all or part of the Services to you without warning or notice.

8.7 Chargebacks

ATM.com reserves the right to freeze or close accounts that have funds that have been charged back. A chargeback is a forced transaction reversal initiated by a bank. Chargebacks occur when a bank settles a debt due to loss on a fraudulent or disputed transaction.

ATM.com is not responsible for any third-party fees or losses that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account. Please consult with your bank regarding their chargeback policies.

Attempts to access funds that have been charged back may be suspended if ATM.com deems these transfers to be illegitimate or fraudulent. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regards to ATM Instant Cash advances by disputing or otherwise seeking a “chargeback” from your debit card or issuing bank.

8.8 User Account Termination

We reserve the right to modify or terminate the Services or your access to the Services, including ATM Instant Cash, for any reason, without notice, at any time, and without liability to you. You can deactivate your ATM.com Account by contacting us at https://www.ATM.com/contact or emailing support@atm.com or closing your Account from within the App. If we terminate your access to the Services or you use the form detailed above to deactivate your account, your account history will no longer be accessible through your account.

We reserve the right to cancel your account and all Services if you dispute a transaction or debit to your Bank Account that corresponds to the terms of that transaction that you previously confirmed and accepted.

Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Users with terminated accounts will not be eligible to create additional accounts, but may, based on internal review, reinstate a previously terminated account. If a user is found with multiple accounts, access to all accounts created are subject to immediate termination.

9. CONSENT TO USE ELECTRONIC SIGNATURES AND ELECTRONIC COMMUNICATIONS

“Communications” means any and all agreements, communications, disclosures, notices, records, documents and/or other items that we provide to you, or that you consent or agree to at our request.

“Electronic Communications” means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature.

“Electronic Media” means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.

“Electronic Signature” means any means that is used to indicate Your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box or taking any other action to indicate Your consent and/or agreement on or in any Electronic Media.

9.1 Electronic Signatures and Electronic Communications

A. Your Right to Receive Paper Copies and to Withdraw ConsentBefore providing your consent to electronic communications below, please be aware of the following important rights:

You have the right to receive any Communication in paper form. If at any time you wish to receive a paper copy of any Electronic Communication that we have provided or will provide to you, you may request one by contacting us at support@atm.com or at ATM.com, Inc., P.O. Box 7475, Newport Beach, CA 92658-7475, Attn: Paper Copy Request. ATM.com reserves the right to charge a reasonable fee for paper copies, and will notify you of any such fee before processing your request.
You have the right to withdraw your consent to electronic communications. You may withdraw your consent at any time in accordance with Section 9.4 of these Terms. Please be aware that withdrawing your consent will affect your ability to use the Services, as described in Section 9.4.
Your consent is not a condition of purchasing any goods or services from ATM.com beyond what is necessary to provide the electronic-based Services described herein. However, because the Services are delivered electronically, withdrawal of consent to electronic communications will result in termination of your access to the Services as described in Section 9.4.

After reading the above, if you wish to withdraw your consent or request paper copies at any time, please contact us at support@atm.com before or after providing your consent below.

B. Scope of Your ConsentSubject to applicable law and the rights described in Section 9.1(A) above, by agreeing to these Terms you consent and agree to all of the following:

Electronic Signatures. You consent to use Electronic Signatures to indicate that you have read, understood, and agreed to these Terms, our Privacy Policy, and any other conditions or agreements that we may provide on any form of Electronic Media. Your Electronic Signature has the same legal effect as a handwritten signature to the fullest extent permitted by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and any applicable state electronic signature law.
Receipt of Electronic Communications. You consent to receive any and all Communications from ATM.com in electronic form, including Communications that we may otherwise be required to send or provide to you in paper form under applicable law, to the extent permitted by law. Electronic Communications will be delivered to you by one or more of the following methods: (a) to the email address associated with your ATM.com Account; (b) by SMS or text message to the mobile phone number associated with your ATM.com Account; (c) by push notification through the App; or (d) by posting on the ATM.com website or within the App, with notice to you that the Communication has been posted.
Deemed Receipt. Each Electronic Communication will be considered received by you: (a) if sent by email or SMS, at the time ATM.com first transmits it to the email address or mobile number associated with your Account, regardless of whether you actually open or read the Communication; (b) if delivered by push notification, at the time the notification is transmitted to your device; or (c) if posted on the website or App, within twenty-four (24) hours after the time it is posted. It is your responsibility to ensure that your email address and mobile phone number on file with ATM.com are current and accurate. ATM.com is not responsible for Electronic Communications that are not received by you due to an outdated or inaccurate email address or phone number in your Account, or due to spam filtering or other technical issues outside ATM.com's control.
Retention of Electronic Communications. You agree to print, save, and/or electronically store a copy of all Electronic Communications that we send to you. ATM.com is not responsible for your failure to retain copies of Electronic Communications.
Notification of Contact Information Changes. You agree to promptly notify ATM.com of any change to your email address, mobile device number, or other contact information by updating your profile in the App or on the Website. Failure to maintain current contact information may result in your failure to receive important Communications, for which ATM.com shall not be liable.
Duration of Consent. The consents and agreements set forth in this Section 9.1(B) will remain in full force and effect unless and until you withdraw them in accordance with Section 9.4of these Terms.

C. Specific Categories of Electronic CommunicationsThe Electronic Communications to which your consent applies include, but are not limited to, the following categories:

These Terms of Service and any amendments or modifications thereto
Our Privacy Policy and any amendments or modifications thereto
Account opening disclosures and agreements
ATM Instant Cash agreements, disclosures, and transaction confirmations
Account statements, transaction receipts, and payment histories
Error resolution notices and responses under Section 6 of these Terms
Tax documents, including any applicable 1099 forms
Notices of material changes to the Services or these Terms
Legal notices, including notices of arbitration demands or responses
Marketing and promotional communications (subject to your right to opt out of marketing communications at any time without affecting your receipt of transactional or legal communications)
Any other Communication required or permitted to be provided to you in connection with the Services

D. Limitations on Electronic DeliveryNotwithstanding your consent to electronic communications, ATM.com acknowledges that certain Communications may be required by applicable law to be delivered in a specific manner that this Section 9.1 cannot override. To the extent any applicable federal or state law requires a particular Communication to be delivered in paper form or by a method other than electronic delivery, and such requirement cannot be waived by your consent herein, ATM.com will deliver that Communication in the manner required by law. Your consent in this Section 9.1 is given to the fullest extent permitted by the E-SIGN Act and applicable state law, and no further.

E. AcknowledgmentBy agreeing to these Terms, you represent and warrant to ATM.com that:

You have read and understood this Section 9.1in its entirety, including the disclosure of your right to receive paper copies and to withdraw consent set forth in Section 9.1(A)
You have the hardware and software described in Section 9.2 necessary to access and retain Electronic Communications
Your consent to electronic communications is knowing, voluntary, and informed
You are not relying on any representation or promise by ATM.com regarding electronic communications other than what is expressly stated in this Section 9

9.2 Hardware and Software Requirements

In order to use the Services and to access and retain our Electronic Communications, you need to have, and you represent and warrant to us that you do have, and you consent and agree that at all times you will have, all of the following: (1) a valid email address; (2) a computer, laptop, tablet, smartphone or other device that is Internet-enabled and is connected to the internet: (3) a web browser that includes 128-bit encryption, such as a Current Version of Chrome, Microsoft Edge, Firefox or Safari, with cookies enabled; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader; (5) a computer or device and an operating system capable of supporting all of the above; and (6) data storage to electronically save Communications or an installed printer to print them.

9.3 Use of a Virtual Private Network (VPN) or Proxy Server

A virtual private network (VPN) is a service that can encrypt and route certain network traffic from your device in a way that may hide your IP address from the websites and services you visit, including the ability to determine your physical location. A proxy server acts as a gateway between you and the internet – it’s an intermediary that separates users from the websites and apps they visit primarily for the purpose of data security, network performance, and privacy. The use of the ATM app is strictly limited to users in the Service Area. Using a VPN or proxy server to interact with the ATM App may result in the App blocking your use and access to some or all Services.

9.4. Withdrawal of Consent

You may withdraw your consent to receive Electronic Communications by contacting us. Such withdrawal will be effective only after we have had a reasonable time period to process such withdrawal and it will not apply to Electronic Communications provided by us to you before the withdrawal of your consent becomes effective. If you withdraw your consent, then, except as may be expressly provided otherwise in this Agreement, (a) we will terminate your access to, and your ability to use, the Service, and (b) we will close any account that you may have with us and will return to you any balance that you may have therein. Withdrawal of consent does not, however, restrict the sending of communications required by any court or legal jurisdiction or governmental regulatory agency.

9.5 Changes

We reserve the right, in our sole discretion, (a) to communicate with you in paper form and/or (b) to discontinue to provide you with Electronic Communications, and/or (c) to terminate our Agreement and conditions with respect to Electronic Signatures and Electronic Communications. Subject to any applicable law, we may notify you of any such discontinuance, termination by means of Electronic Communications, by updating this Agreement on the Site or the Services, or by delivering notice by email or text message, or by any other means of Electronic Communications that we may choose in our discretion.

9.6 Contacting Us Regarding Electronic Signatures and Electronic Communications

Please feel free to request information, to request a paper copy of any Electronic Communication that we provided to you, or ask questions regarding our policy on Electronic Signatures and Electronic Communications by contacting us.

10. MESSAGING

10.1 Overview

As part of the Services, ATM.com may communicate with you through various messaging channels, including email, SMS/text messages, push notifications, and in-app notices. This Section 10 describes the types of messages you may receive, how you can opt out of certain categories of messages, and your rights and responsibilities in connection with ATM.com's messaging practices. ATM.com's messaging practices are governed by the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. ("TCPA"), the CAN-SPAM Act, and other applicable federal and state laws.

10.2 Categories of Messages

ATM.com sends two distinct categories of messages, each governed by different consent and opt-out rules:

Transactional and Account Messages. These are messages that ATM.com is required or permitted to send in connection with your Account and your use of the Services, regardless of your marketing preferences. They include, but are not limited to: account registration and verification messages; transaction confirmations and receipts; ATM Instant Cash advance confirmations and repayment notices; error resolution communications under Section 6; security alerts and suspicious activity notifications; notices of material changes to these Terms or our Privacy Policy; legal notices including arbitration-related communications; and any other Communication required by applicable law or necessary to administer your Account. You may not opt out of Transactional and Account Messages while your Account remains active, as these communications are a necessary part of the Services. Opting out of Transactional and Account Messages will be treated as a withdrawal of consent to electronic communications under Section 9.4 and will result in termination of your Account.
Marketing and Promotional Messages. These are messages that ATM.com sends to inform you about new features, offers, earning opportunities, and other promotional content that ATM.com believes may be of interest to you. Marketing and Promotional Messages are sent only with your prior express written consent, as required by applicable law. Your consent to receive Marketing and Promotional Messages is separate from, and independent of, your consent to receive Transactional and Account Messages. You do not need to consent to Marketing and Promotional Messages in order to register for or use the Services. If you do consent, you may withdraw that consent at any time as described in Section 10.4 below, without affecting your ability to use the Services or your receipt of Transactional and Account Messages.

10.3 SMS and Text Message Program; Required Disclosures

By providing your mobile phone number and consenting to receive SMS messages from ATM.com, you agree to receive text messages at the mobile number you provide. The following disclosures apply to ATM.com's SMS messaging program:

Message Frequency. For Transactional and Account Messages, message frequency varies based on your Account activity and the nature of the transaction or event triggering the message. ATM.com will not send Marketing and Promotional Messages at a frequency that a reasonable person would consider excessive or harassing.
Message and Data Rates. Standard message and data rates from your wireless carrier may apply to all SMS messages, whether Transactional or Marketing. ATM.com is not responsible for any charges imposed by your wireless carrier in connection with SMS messages. If you have questions about your text or data plan, contact your wireless carrier directly.
Supported Carriers. ATM.com's SMS messaging service is available through most major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your carrier and ATM.com cannot guarantee delivery of every SMS message.
Compatible Devices. SMS messaging requires a mobile device capable of receiving standard SMS text messages.
SMS Consent is Number-Specific. Your consent to receive SMS messages applies to the specific mobile phone number you provide to ATM.com at the time of consent. ATM.com will not send SMS messages to a number for which it does not have valid consent.
Consent is Not Transferable. Your consent to receive SMS messages from ATM.com is personal to you and applies only to your ATM.com Account. It may not be transferred or assigned to any other person or account.

10.4 How to Opt Out of Marketing and Promotional Messages

You may opt out of Marketing and Promotional Messages at any time through any of the following methods, each of which is equally valid:

Reply STOP. To opt out of SMS Marketing and Promotional Messages, reply STOP to any marketing SMS message you receive from ATM.com. Upon receipt of a STOP reply, ATM.com will send you a single confirmation message acknowledging your opt-out, after which no further Marketing and Promotional SMS messages will be sent to that number. This is the fastest opt-out method for SMS messages.
Reply HELP. To receive information about ATM.com's SMS messaging program, including opt-out instructions, reply HELP to any SMS message from ATM.com. ATM.com will respond with program information and a reminder of how to opt out.
Email. To opt out of email Marketing and Promotional Messages, click the "unsubscribe" link included in any marketing email from ATM.com, or send an opt-out request to opt-out@atm.com from the email address associated with your Account.
In-App Settings. You may manage your messaging preferences, including opting out of Marketing and Promotional Messages, through the notification settings in the App.
Written Request. You may submit a written opt-out request by mail to ATM.com, Inc., P.O. Box 7475, Newport Beach, CA 92658-7475, Attn: Messaging Opt-Out. Written opt-out requests will be processed within ten (10) business days of receipt.

Opting out of Marketing and Promotional Messages through any of the above methods will not affect your receipt of Transactional and Account Messages, which will continue as long as your Account remains active. ATM.com will honor opt-out requests within the timeframe required by applicable law and in no event later than ten (10) business days after the opt-out is received, except that STOP replies to SMS messages will be processed immediately.

10.5 Separate Consent for Each Purpose

Your consent to receive SMS messages from ATM.com is purpose-specific. Specifically:

Your consent to receive Transactional and Account Messages does not constitute consent to receive Marketing and Promotional Messages, and vice versa.
Your consent to receive SMS messages does not constitute consent to receive messages through other channels (such as email or push notifications), and vice versa.
If ATM.com wishes to use your mobile number for a materially different purpose than the purpose for which you originally provided consent, ATM.com will obtain a new, separate consent from you before sending messages for that new purpose.

This Section 10.5 is intended to ensure compliance with the TCPA's requirement of separate, purpose-specific prior express written consent for autodialed or prerecorded marketing calls and texts.

10.6 Your Representations Regarding Your Mobile Number

By providing a mobile phone number to ATM.com, you certify, represent, and warrant that:

The mobile phone number you have provided is your own personal number and not a number belonging to any other person
You are the account holder or are authorized by the account holder to provide consent for that number
You are permitted to receive text messages at the number you have provided
The number you have provided is not a number that has been reassigned from a prior account holder who may have had a different relationship with ATM.com
You will promptly notify ATM.com at support@atm.com if you change your mobile phone number, port your number to a different carrier, or otherwise stop using the number you have provided, so that ATM.com can update its records and cease sending messages to that number.

You acknowledge that ATM.com's TCPA liability exposure is directly affected by the accuracy of the representations you make in this Section 10.6, and that providing inaccurate information about your mobile number may result in harm to third parties who receive messages intended for you. You agree to indemnify and hold ATM.com harmless from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to your breach of any representation in this Section 910.6.

10.7 Do-Not-Call Registry

ATM.com respects the National Do-Not-Call Registry maintained by the Federal Trade Commission. If your mobile number is registered on the National Do-Not-Call Registry, ATM.com will not send you unsolicited Marketing and Promotional SMS messages unless you have provided ATM.com with prior express written consent to do so. Registration on the Do-Not-Call Registry does not affect your receipt of Transactional and Account Messages.

10.8 Autodialer Disclosure

When signing up for the Services and providing your mobile phone number, you acknowledge and agree that ATM.com may use an automatic telephone dialing system ("autodialer") or artificial or prerecorded voice technology to send you SMS messages, to the extent permitted by applicable law and consistent with the consent you have provided under this Section 10. This disclosure is provided in compliance with the TCPA. You have the right to revoke your consent to receive autodialed or prerecorded messages at any time by following the opt-out procedures described in Section 10.4.

10.9 Modification or Termination of Messaging Services

ATM.com reserves the right to modify, suspend, or terminate its SMS messaging program or any other messaging service at any time, for any reason, with or without notice, without liability to you, provided that ATM.com will make reasonable efforts to notify you of any material change to its messaging program through an alternative communication channel where practicable. Modification or termination of the messaging program does not affect any other aspect of the Services or these Terms.

10.10 Third-Party Messaging Providers

ATM.com may use third-party service providers to deliver SMS and other messages on its behalf. These providers act as ATM.com's agents and are subject to confidentiality and data protection obligations. ATM.com remains responsible for ensuring that messages sent through third-party providers comply with applicable law and these Terms. Your mobile number and messaging preferences will be shared with these providers solely for the purpose of delivering messages on ATM.com's behalf and will not be used by them for their own independent marketing purposes.

11. SECURITY AND INCIDENT RESPONSE

ATM.com maintains administrative, technical, and physical safeguards designed to protect user information.

In the event of a security incident involving personal information, ATM.com will respond in accordance with applicable data protection laws, including notification requirements where required.

No system can guarantee absolute security. Users share responsibility for protecting credentials and devices.

12. USE OF CHATBOTS AND ARTIFICIAL INTELLIGENCE

12.1 Overview

To provide efficient customer service and improve user experience, ATM.com may use automated systems, including chatbots and artificial intelligence ("AI") tools, to communicate with you and assist with support inquiries. This Section 12 describes how we use these technologies, what limitations apply to AI-generated communications, and what rights you have in connection with our use of AI.

12.2 Limitations of AI-Generated Communications

AI- and chatbot-generated communications are provided for general informational and customer service purposes only. You acknowledge and agree that:

AI communications do not constitute professional advice of any kind. Nothing communicated to you by an AI system or chatbot through the Services shall be construed as legal advice, financial advice, investment advice, tax advice, accounting advice, medical advice, or any other form of professional advice. This limitation applies regardless of the subject matter of the AI-generated communication and regardless of how the communication is phrased.
AI systems may make errors. AI- and chatbot-generated responses are generated automatically based on patterns in data and pre-programmed parameters. They may be inaccurate, incomplete, outdated, or inapplicable to your specific situation. ATM.com does not warrant the accuracy, completeness, or reliability of any AI-generated communication.
You should verify critical information. Before relying on any AI-generated communication for any purpose — including but not limited to making financial decisions, taking action on your account, or evaluating your legal rights — you should verify the information with a human ATM.com representative or, where appropriate, with an independent qualified professional.
AI systems are not authorized to modify your account terms. No AI- or chatbot-generated communication shall be construed as an amendment to, or waiver of, any provision of these Terms, our Privacy Policy, or any other agreement between you and ATM.com. Only written modifications made in accordance with Section 12 of these Terms are binding on ATM.com.
AI systems are not authorized to make binding commitments. No statement, representation, or promise made by an AI system or chatbot shall be binding on ATM.com unless confirmed in writing by an authorized human representative of ATM.com.

12.3 No Attorney-Client or Other Privileged Relationship

Communications between you and ATM.com's AI systems or chatbots do not establish, and shall not be construed as establishing, any attorney-client relationship, financial advisory relationship, or any other professional relationship between you and ATM.com or any of its employees, agents, or representatives. Nothing communicated to an AI system or chatbot is protected by attorney-client privilege, work product protection, or any other evidentiary privilege. You should not share information with ATM.com's AI systems that you wish to keep legally privileged or that you would only share with a licensed professional under a duty of confidentiality.

12.4 Session Recording, Data Use, and Privacy

AI and chatbot interactions may be recorded, logged, and stored by ATM.com and its service providers. You consent to such recording and storage by using the Services. Specifically:

Interaction data may include the full content of your communications with AI systems, timestamps, device identifiers, and related metadata.
Recorded interactions may be used by ATM.com to improve the quality and accuracy of AI systems, ensure compliance with these Terms, investigate disputes, maintain security, and fulfill legal obligations.
ATM.com will not sell, rent, or otherwise share chatbot or AI session data with unaffiliated third parties for their own marketing purposes, except as required by applicable law or as permitted under our Privacy Policy.
AI interaction data shared with third-party AI service providers is shared solely for the purpose of operating and improving the Services and is subject to confidentiality and data protection obligations. A description of the categories of third-party AI service providers that may process your interaction data is available in our Privacy Policy.
If you are a California resident, your rights under the CCPA with respect to AI interaction data are the same as your rights with respect to other personal information collected by ATM.com, as described in Section 27 of these Terms and in our Privacy Policy.

12.5 Third-Party AI Platforms

ATM.com may use third-party AI platforms and large language model providers to power some or all of its AI and chatbot features. The specific third-party AI platforms we use may change from time to time. By using the Services, you acknowledge that your interactions with AI-powered features may be processed by third-party AI providers subject to those providers' own terms of service and privacy policies. ATM.com will maintain a current list of material third-party AI service providers in our Privacy Policy.

ATM.com is not responsible for the independent acts or omissions of third-party AI platform providers, provided that ATM.com has exercised reasonable care in selecting and monitoring such providers.

12.6 Regulatory Compliance; AI Disclosure Laws

ATM.com is committed to complying with all applicable federal and state laws governing the use of AI and automated decision-making systems, including but not limited to applicable provisions of California law governing automated communications and bot disclosures. To the extent any applicable law requires disclosures or provides rights in connection with ATM.com's use of AI systems that are not addressed in this Section 12, ATM.com will provide such disclosures and honor such rights as required.

If you believe ATM.com has failed to identify an automated interaction as required by applicable law, please contact us at support@atm.com.

12.7 Limitation of Liability for AI Communications

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATM.COM SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR HARM ARISING FROM YOUR RELIANCE ON ANY AI- OR CHATBOT-GENERATED COMMUNICATION, INCLUDING BUT NOT LIMITED TO ANY INACCURACY, ERROR, OMISSION, OR MISUNDERSTANDING IN AN AI-GENERATED RESPONSE. YOUR USE OF AI-FACILITATED CUSTOMER SERVICE FEATURES IS AT YOUR OWN RISK. THIS LIMITATION OF LIABILITY IS IN ADDITION TO, AND DOES NOT LIMIT, THE GENERAL LIMITATION OF LIABILITY SET FORTH IN SECTION 17 OF THESE TERMS.

12.8 Changes to AI Features

ATM.com reserves the right to modify, expand, reduce, or discontinue its use of AI and chatbot systems at any time without notice. Changes to how AI is used in the Services are subject to the general modification provisions of Section 13.2 of these Terms, except that such changes do not constitute a Material Change to Section22 and do not require affirmative acceptance unless they independently affect your arbitration rights.

13. SERVICE AVAILABILITY

Although it is the intention of ATM.com for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

13.1 Changes to the Services and Terms; Corrections

ATM.com is constantly evolving to provide the best possible experience for all of our customers, and we reserve the right to change and improve the features and functionality of the Services at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of the Services. Additionally, we reserve the right to suspend or stop the Services altogether.

13.2 Modifications to Terms of Service

We may, from time to time, modify these Terms. Please check this page periodically for modifications. In addition, we may notify you by email or by in-app messaging to your ATM.com Account of any material modification to these Terms. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. Subject to the exception set forth below regarding modifications to Section 21, the modified Terms will take effect after their posting on their effective date, and will apply on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of the Services after any such modification constitutes your binding acceptance of such changes.

Modifications to Section 22 (Mandatory Arbitration and Class Action Waiver) are governed exclusively by Section 22.11 and not by this Section 13.2. Notwithstanding anything to the contrary in this Section 13.2, your continued use of the Services alone shall never constitute acceptance of any Material Change (as defined in Section 22.11(B)) to Section 22. Any Material Change to Section 22 requires your affirmative acceptance as described in Section 22.11(C) before it becomes binding on you. In the event of any conflict between this Section 13.2 and Section 22.11 with respect to modifications to the arbitration and class action waiver provisions, Section 22.11 shall control in all respects.

For the avoidance of doubt, this Section 13.2 continues to govern all modifications to these Terms other than modifications to Section 22, and the affirmative acceptance requirement described in Section 22.11(C) applies only to Material Changes to Section 22 and to no other provisions of these Terms.

13.3 Right to Update

There may be information regarding the Services and these Terms that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

14. LEGAL COMPLIANCE

You acknowledge, consent, and agree that ATM.com may access, preserve, and disclose content you provide us if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process (e.g., a subpoena, court order, or warrant); (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of ATM.com, its agents and affiliates, its users, and the public; or (5) to address your requests.

15. INDEMNIFICATION

15.1 Your Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ATM.COM AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM, LOSS, OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, MADE IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OR OUR PRIVACY POLICY, AND/OR YOUR SUBMISSION, POSTING, OR TRANSMISSION OF CONTENT TO THE SERVICES. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT, YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

15.2 ATM.com’s Limited Reciprocal Indemnification

To the fullest extent permitted by applicable law, ATM.com agrees to indemnify, defend, and hold you harmless from and against any third-party claim, loss, or demand, including reasonable attorneys' fees, arising directly and proximately from ATM.com's own gross negligence or willful misconduct in connection with the Services. This Section 15.2 does not apply to claims arising from your own acts or omissions, from the acts or omissions of third parties over whom ATM.com has no control, from force majeure events as described in Section 26, or from any matter for which your indemnification obligation under Section 15.1 applies. ATM.com's obligation under this Section 15.2 is subject to the limitation of liability set forth in Section 17 of these Terms.

16. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU AGREE THAT YOUR USE OF THE ATM.COM SITE AND SERVICES IS AT YOUR OWN RISK. EFFORTS BY ATM.COM TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, ARE PROVIDED "AS IS."

WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ATM.COM AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ATM.COM’S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL ATM.COM OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH ATM.COM, INC., THE “ATM ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF ATM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ATM.COM’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT WILL ATM.COM TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION TO THE GREATER OF $500 OR THE FEES PAID BY THE USER IN THE PRECEDING 12 MONTHS.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF ATM ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A NEW JERSEY RESIDENT, OR A RESIDENT OF ANOTHER STATE THAT PERMITS THE EXCLUSION OF THESE WARRANTIES AND LIABILITIES, THEN THE ABOVE LIMITATIONS SPECIFICALLY DO APPLY TO YOU.

18. LEGAL NOTICES AND SPECIAL DISCLAIMERS

ATM.COM® is a registered trademark and ANT MONEY™ is an unregistered, common-law trademark of ATM.com, Inc. All other trademarks are the property of their respective owners. GOOGLE PLAY® and the Google Play logo are registered trademarks of Google, Inc. APPLE®, the APPLE logo, and IPHONE® are registered trademarks of Apple, Inc.

ATM.COM IS NOT A BROKER DEALER, WE ARE NOT AN INVESTMENT ADVISER, AND WE DO NOT PURPORT TO AND DO NOT, IN ANY FASHION, PROVIDE INVESTMENT ADVICE, TAX, ACCOUNTING, ACTUARIAL, RECORDKEEPING, LEGAL, OR ANY RELATED SERVICES OR ADVICE. NO CONTENT, MATERIALS, OR INSTRUCTIONS SHOULD BE UNDERSTOOD AS CONSTITUTING A RECOMMENDATION TO ENTER IN ANY SECURITIES TRANSACTION. WE HAVE NO ACCESS TO NON-PUBLIC INFORMATION ABOUT PUBLICLY TRADED COMPANIES, AND WE ARE NOT REGULATED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION.

INFORMATION PROVIDED BY ATM.COM CUSTOMER SUPPORT IS FOR INFORMATIONAL AND GENERAL EDUCATIONAL PURPOSES ONLY AND IS NOT INVESTMENT OR FINANCIAL ADVICE, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. ATM.com does not make any guarantees or representations that your portion of the ATM.com Account will grow to a specific amount or that the Services are appropriate for you and your financial situation.

19. ATM.COM PROPRIETARY CONTENT

We offer the Services and the features, information, materials, and content provided and depicted through the Services (collectively, "ATM.com Content") solely for your personal use for the purposes described therein and in these Terms. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or ATM.com Content.

ATM.com Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and ATM.com, ATM.com owns and retains all rights in the ATM.com Content and the Service, with the exception of content that ATM.com has licensed from third parties, which is owned by those third parties. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ATM.com Content. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of our trademarks, service marks and logos. You must avoid any action or omission which may dilute or tarnish our goodwill.

Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the ATM.com Content, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.

The ATM.com name and logo are registered trademarks of ATM.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ATM.com. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of ATM.com, and may not be copied, imitated or used, in whole or in part, without prior written permission from ATM.com.

20. COPYRIGHT INFRINGEMENT CLAIMS

ATM.com respects the rights of all copyright holders and in this regard, ATM.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ATM.com 's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
Information reasonably sufficient to permit us to contact the complaining party
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
For copyright inquiries under the Digital Millennium Copyright Act please contact:

DMCA Copyright AgentATM.com, Inc.P.O. Box 7475Newport Beach, CA 92658-7475Email: dmca@ATM.com

21. APPLICATION LICENSE AND DEVICE MANUFACTURER TERMS

21.1 License Grant for Application

Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable license (i) to download and install a copy of our mobile App on a device that you exclusively control, and (ii) to run such copy of the App solely for your own personal, non-commercial use. We reserve all rights in and to the App not expressly granted to you under these Terms. You may not separate component parts of the App. You may not distribute the App or transfer the App to another person. Running the App on a rooted (Android) or jailbroken (iOS) device, or any device that has been modified to bypass the manufacturer's or operating system provider's standard security controls or software installation restrictions, is not allowed and may result in your account being suspended or terminated. ATM.com does not support, test, or warrant the performance or security of the App on any such modified device. ATM.com expressly disclaims any liability for data loss, security breaches, unauthorized account access, or any other harm arising from your use of the App on a rooted or jailbroken device. If ATM.com detects or reasonably suspects that the App is being operated on a rooted or jailbroken device, ATM.com reserves the right to restrict or suspend your access to some or all of the Services without notice.

21.2 iOS and Google Terms

If you have downloaded our App, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Website malfunctions.

21.3 Additional iOS Terms

You acknowledge and agree that (i) these Terms are binding between you and ATM.com only, and Apple is not a party hereto, and (ii) as between ATM.com and Apple, it is ATM.com that is responsible for the App and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the App must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support platform with respect to the App.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the App to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Apple and ATM.com, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be ATM.com’s responsibility, but only to the extent provided by these Terms and any limitations provided herein. Please read the entire Terms, as other sections of these Terms may limit ATM.com’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

21.4 Additional Google Terms

You acknowledge that Google is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property rights.

22. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION 22 INCLUDING ALL SUBSECTIONS 22.1 THROUGH AND INCLUDING 22.15 BELOW. SECTION 22 AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

22.1 Application

You and ATM.com agree that these Terms affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., (the “FAA”) governs the interpretation and enforcement of these arbitration provisions. This Section 22 (Mandatory Arbitration and Class Action Waiver), is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

22.2 Initial Dispute Resolution

Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@atm.com and provide a brief, written description of the dispute along with your contact information, including your email address and mobile phone number (if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with ATM.com. Good faith negotiations shall be a condition precedent to either party initiating a lawsuit or arbitration.

As part of this informal dispute resolution process, either party may request a telephonic “Informal Dispute Resolution Conference” to discuss the matter in good faith. If requested, both parties agree to participate in the conference, which shall be scheduled at a mutually agreeable time. If you are represented by counsel, your attorney may participate, but you must also personally attend the conference.

To initiate the informal dispute resolution process, either party must send a written notice (“Notice”) to the other party. Your Notice to ATM.com should be sent by email to support@atm.com and must include the following: (1) your full name; (2) your telephone number, mailing address, and email address associated with your account (if any); (3) the name and contact information of your counsel, if applicable; and (4) a description of the dispute. ATM.com may send its Notice to the email or mailing address we have on file for you. It is your responsibility to ensure that your contact information remains accurate and up to date. The informal dispute resolution process shall last for sixty (60) days from the date Notice is received, during which both parties will engage in good faith efforts to resolve the dispute. This 60-day period is a mandatory precondition to initiating arbitration or filing a claim in small claims court. During this time, the statute of limitations and any applicable filing deadlines shall be tolled.

The Informal Dispute Resolution Conference shall be individualized. A separate conference must be held for each dispute, even if the same attorney or law firm represents multiple users in similar cases, unless all parties expressly agree otherwise.

22.3 Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in subsection 22.10 below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules and Mediation Procedures in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. THE ARBITRATION WILL BE CONDUCTED IN IRVINE, CALIFORNIA, UNLESS YOU AND WE AGREE OTHERWISE. REGARDLESS OF WHERE THE ARBITRATION IS CONDUCTED, YOU MAY ATTEND BY VIDEO CONFERENCE CALL.

If the AAA is unable or unwilling to administer a particular arbitration under this Section 22, the parties agree that JAMS shall serve as the alternative arbitration administrator, and the arbitration shall be conducted under the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, in each case in effect at the time the arbitration is initiated and excluding any rules or procedures governing or permitting class actions. If neither the AAA nor JAMS is able or willing to administer the arbitration, the parties shall confer in good faith to agree on an alternative nationally recognized arbitration administrator that maintains consumer arbitration rules consistent with due process standards. If the parties are unable to agree on an alternative administrator within thirty (30) days, either party may petition a court of competent jurisdiction as identified in Section 22.10 to appoint an arbitrator or arbitration administrator. The inability or refusal of any particular arbitration administrator to administer the arbitration shall not be construed as a waiver of the parties’ agreement to arbitrate or as grounds for voiding this Section 22.

ATM.com shall register its arbitration clause with the AAA Consumer Clause Registry and maintain such registration in good standing, including payment of all applicable registration and review fees. ATM.com’s failure to maintain its clause registration with the AAA shall not void this Section 22, but shall entitle you to elect to proceed under the fallback provider provisions described above.

22.4 Arbitrator’s Powers and Delegation of Arbitrability

A. Delegation of Gateway QuestionsThe parties expressly agree that the arbitrator, and not any federal, state, or local court or agency, shall have sole and exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Section 22, including but not limited to:

Whether a particular claim or dispute is subject to arbitration under this Section 22
Whether this Section 22, or any part of it, is valid, enforceable, or void — including any challenge based on unconscionability, illegality, fraud in the inducement, or any other contract defense — whether such challenge is directed at this Section 22 specifically or at the Terms of Service as a whole
Whether the conditions precedent to arbitration (including the informal dispute resolution process in Section 22.2) have been satisfied
Whether any party has waived its right to arbitrate by virtue of litigation conduct or otherwise
Whether a dispute falls within the scope of any exception to arbitration set forth in this Section 22

The parties expressly agree, consistent with Rent-A-Center, West, Inc. v. Jackson, 561 U.S. 63 (2010), and its progeny, that a challenge to the validity or enforceability of this arbitration agreement as a whole — as opposed to the Terms of Service as a whole — shall be decided by the arbitrator, not by any court. A party wishing to challenge the arbitrability of a dispute must raise that challenge before the arbitrator in the first instance.

B. Arbitrator QualificationsThe arbitrator shall be either a retired state or federal court judge or an attorney who has been licensed to practice law for a minimum of ten (10) years, with experience in commercial disputes, consumer contracts, or technology law. The arbitrator shall be selected in accordance with the rules of the applicable AAA arbitration rules (or the rules of the applicable fallback administrator), subject to the qualification requirements set forth herein. Either party may object to a proposed arbitrator who does not meet these qualifications, and the administrator shall select an alternative arbitrator who does.

C. Scope of Arbitrator's Remedial AuthorityThe arbitrator shall be empowered to grant any relief that would be available in a court of competent jurisdiction under applicable law or in equity, including monetary damages, declaratory relief, and injunctive relief, but solely on an individual basis and subject to the limitations set forth in this Section 22. The arbitrator shall have no authority to:

Award relief on a class, collective, or representative basis
Consolidate multiple arbitrations without the written consent of all parties
Award punitive or exemplary damages except to the extent expressly authorized by applicable statute
Modify, amend, or disregard any provision of this Section 22, except as expressly permitted by applicable law

D. Form and Effect of AwardThe arbitrator’s award shall be in writing, shall state the essential findings and conclusions upon which the award is based, and shall be binding on the parties. The award may be entered as a judgment in any court of competent jurisdiction. The arbitrator’s written decision shall be sufficient to support entry of judgment and shall be kept confidential in accordance with Section 22.14.

E. Governing Law for ArbitrabilityNotwithstanding any choice-of-law provision elsewhere in these Terms, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., exclusively governs the enforceability, interpretation, and administration of this Section 22 and preempts any contrary state law, including the California Arbitration Act, to the fullest extent permitted by law. Substantive California law shall otherwise apply to the underlying merits of any dispute, as provided in Section 25.

F. Prohibition on ConsolidationNo arbitration proceeding initiated under this Section 22 shall be consolidated with any other arbitration proceeding, whether pending or future, without the express prior written consent of all parties to each such proceeding. The arbitrator shall have no authority, sua sponte or upon motion of any party, to consolidate individual arbitrations or to conduct any form of joint or combined proceeding without such consent. This prohibition on consolidation is distinct from, and in addition to, the class action waiver set forth in Section 22.8, and applies even where multiple arbitrations involve similar or identical claims, parties, or legal issues. Any purported consolidation made without the written consent of all affected parties shall be void and of no force or effect.

22.5 Filing a Demand

To initiate an arbitration, you must prepare a written Demand for Arbitration (the “Demand”) that includes:

Your full name, telephone number, mailing address, and email address, including the email associated with your ATM.com account (if applicable)
A statement of the legal claims being asserted and the factual bases for those claims
A description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in U.S. Dollars
A statement certifying completion of the informal dispute resolution process described above
A statement certifying that you will pay any necessary filing fees in connection with the arbitration, subject to ATM.com’s obligations as described below

If you are represented by counsel, the Demand must also include your counsel’s name, telephone number, mailing address, and email address. Your attorney must also sign the Demand and, by doing so, certify that to the best of their knowledge, information, and belief, formed after a reasonable inquiry, the Demand complies with standards similar to those in Federal Rule of Civil Procedure 11(b).

You must send the Demand, along with the appropriate filing fee, to the AAA in accordance with the AAA Consumer Arbitration Rules and Mediation Procedures then in effect. The AAA’s filing procedures, including electronic filing options, are available at www.adr.org.

You must also send one copy of the Demand to ATM.com at: ATM.com, Inc., P.O. Box 7475, Attn: Legal Dept., Newport Beach, CA 92658-7475.

To the extent the filing fee exceeds the cost of filing a lawsuit in court, ATM.com will pay the difference. If the arbitrator finds the arbitration to be non-frivolous, ATM.com will pay all fees invoiced by the AAA (or applicable fallback administrator), including filing fees, arbitrator fees, and hearing expenses. Each party will be responsible for their own attorney’s fees unless applicable law or the arbitration rules provide otherwise.

If you prevail on the merits of any claim in arbitration, ATM.com will reimburse you for any filing fee you paid in connection with the arbitration, in addition to any other relief awarded by the arbitrator. ATM.com commits to paying all fees and costs required of it by the applicable arbitration administrator within the time periods required by the administrator’s rules and applicable law, including but not limited to the requirements of California Code of Civil Procedure Section 1281.97 et seq. ATM.com’s failure to timely pay required fees shall be governed by applicable law and the rules of the applicable arbitration administrator.

22.6 Discovery in Arbitration

A. Acknowledgment Regarding Arbitration vs. LitigationThe parties understand that, absent this mandatory arbitration provision, they would have the right to bring claims in court and have them heard by a judge or jury. The parties further acknowledge that arbitration may, in some cases, result in different costs than litigation, and that discovery rights in arbitration are more limited than in court proceedings. The discovery limitations set forth in this Section 22.6 are intended to reduce the cost and duration of arbitration while still affording each party a meaningful opportunity to develop and present its case.

B. Default Discovery LimitationsUnless the parties mutually agree in writing to additional discovery, or unless the arbitrator orders expanded discovery pursuant to Section 22.6(D) below, discovery in any arbitration proceeding under this Section 22 shall be limited as follows:

(i) Claims Up to $75,000 (Streamlined Track)

For arbitrations in which the total amount in controversy does not exceed Seventy-Five Thousand Dollars ($75,000.00), discovery shall be limited to:

Depositions: One (1) deposition per side, not to exceed four (4) hours in duration, conducted by video conference unless the parties agree otherwise or the arbitrator orders otherwise for good cause
Document Requests: Twenty (20) document requests per side, including subparts, with responses due within thirty (30) days of service
Interrogatories: Ten (10) interrogatories per side, including subparts, with responses due within thirty (30) days of service
No requests for admission unless the arbitrator authorizes them upon a showing of good cause

(ii) Claims Exceeding $75,000 (Standard Track)

For arbitrations in which the total amount in controversy exceeds Seventy-Five Thousand Dollars ($75,000.00), discovery shall be limited to:

Depositions: Three (3) depositions per side, not to exceed seven (7) hours each, conducted in person or by video conference at the election of the deposing party
Document Requests: Thirty-five (35) document requests per side, including subparts, with responses due within thirty (30) days of service
Interrogatories: Fifteen (15) interrogatories per side, including subparts, with responses due within thirty (30) days of service
Requests for Admission: Twenty (20) requests for admission per side, with responses due within thirty (30) days of service

C. Mandatory Initial DisclosuresWithin twenty-one (21) days of the filing of the respondent's answer, each party shall provide to the other party, without awaiting a discovery request, the following initial disclosures:

The name, address, and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses
A description by category and location of all documents, electronically stored information, and tangible items that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses
A computation of each category of damages claimed by the disclosing party, together with the documents or other evidentiary material on which each computation is based
Copies of, or a description by category and location of, all documents and electronically stored information that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses

Mandatory initial disclosures shall not count against any party's document request limit.

D. Expanded Discovery for Good CauseEither party may apply to the arbitrator for leave to conduct discovery beyond the limits set forth in Section 22.6(B). The arbitrator may grant such leave upon a showing of good cause, which shall require the requesting party to demonstrate that:

The additional discovery is necessary to allow a fair presentation of the requesting party's claims or defenses and cannot be obtained through the discovery already permitted
The burden and expense of the additional discovery is proportionate to the amount in controversy and the importance of the issues at stake
The additional discovery will not cause undue delay or prejudice to the other party

Any application for expanded discovery must be made before the close of the standard discovery period and must be accompanied by a description of the specific additional discovery sought and the reasons why it is necessary. The arbitrator’s decision on any such application shall be final and not subject to further review.

E. Electronically Stored InformationThe parties agree to cooperate in good faith to limit the scope and cost of discovery of electronically stored information ("ESI"). Unless the parties agree otherwise or the arbitrator orders otherwise, ESI discovery shall be limited to a single agreed-upon custodian per party for the Streamlined Track and up to three custodians per party for the Standard Track, and shall be limited to documents from the two (2) year period preceding the events giving rise to the claim unless a longer period is necessary to establish the claim or defense. The parties shall meet and confer regarding ESI search terms, custodians, and format of production within fourteen (14) days of the commencement of the discovery period. ESI document requests are subject to the document request limits in Section 22.6(B) and shall not be treated as a separate category of unlimited discovery.

F. Confidentiality of Discovery MaterialsAll documents, testimony, and other materials produced or exchanged in discovery shall be treated as confidential in accordance with Section 22.14 of these Terms and may be used only for purposes of the arbitration proceeding in which they are produced. Neither party shall use discovery materials obtained in one arbitration proceeding in any other proceeding without the written consent of the producing party or an order of the arbitrator.

G. Discovery DisputesAll discovery disputes shall be submitted to the arbitrator for resolution. The arbitrator shall have authority to issue orders compelling discovery, imposing sanctions for discovery abuse, and awarding reasonable costs and attorneys’ fees incurred in connection with discovery disputes where a party’s conduct in connection with discovery is found to have been unreasonable, dilatory, or made in bad faith. The arbitrator’s rulings on discovery disputes shall be final and binding.

H. Preservation of Claims and DefensesNothing in this Section 22.6 shall be construed to prevent either party from presenting all legally relevant evidence at the arbitration hearing itself, including documents, witness testimony, and expert testimony, subject to the arbitrator’s authority to manage the hearing in a manner that is efficient and proportionate to the claims at issue. Discovery limitations in this Section 22.6 apply to pre-hearing discovery only and do not limit what may be presented at the hearing.

22.7 Attorney Fees, Costs, and Sanctions

A. General RuleEach party shall bear its own attorneys’ fees and costs in connection with any arbitration proceeding under this Section 22, except as otherwise provided in this Section 22.7 or as required by applicable law.

B. Mandatory Fee-Shifting for Frivolous or Improper ClaimsIf, after providing both parties a full and fair opportunity to be heard, the arbitrator determines that any claim, defense, or relief sought by a party fails to meet the standards set forth in Federal Rule of Civil Procedure 11(b) — meaning it was (a) not warranted by existing law or a non-frivolous argument for the extension, modification, or reversal of existing law; (b) not supported by evidence or reasonably likely to be supported by evidence after a reasonable opportunity for further investigation or discovery; or (c) presented for any improper purpose, including to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution — then the arbitrator shall (not may) award the prevailing party:

All arbitration-related filing fees and administrative fees paid or incurred
All arbitrator compensation and expenses
All reasonable attorneys' fees and costs incurred in defending against the frivolous or improper claim or defense
Any other costs or expenses the arbitrator determines to be reasonable and appropriate under the circumstances

C. Personal Liability of CounselWhere a party is represented by counsel, and the arbitrator determines that a claim, demand, or defense was filed or maintained in violation of the standards described in Section 22.7(B), the arbitrator shall have authority to assess fees, costs, and sanctions directly and personally against the offending party’s attorney or law firm, jointly and severally with the party, to the extent permitted by applicable law and the applicable arbitration rules. By submitting a Demand for Arbitration or any responsive filing signed by counsel, the attorney of record personally certifies that the filing meets the standards of Federal Rule of Civil Procedure 11(b) and agrees to be subject to this provision.

D. Statutory Fee EntitlementsNothing in this Section 22.7 shall be construed to limit any party’s right to recover attorneys’ fees or costs to which they are entitled under applicable federal or state statute, including but not limited to any consumer protection statute that independently provides for fee recovery by a prevailing claimant.

E. Fee Motion PracticeAny motion for fees and costs under this Section 22.7 must be filed with the arbitrator within thirty (30) days of the issuance of the final arbitration award. The arbitrator shall retain jurisdiction to resolve fee disputes following issuance of the final award.

22.8 Class Action Waiver

A. Class and Representative Action WaiverYOU AND ATM.COM AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION (EXCEPT AS PROVIDED IN SECTION 22.8(C) BELOW), OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to combine or aggregate similar claims, conduct any class proceeding, or make an award to any person or entity not a party to the individual arbitration. No arbitration conducted under these Terms shall be consolidated with any other arbitration without the prior written consent of all parties to each such arbitration. This waiver applies to all forms of representative or collective relief, whether sought in arbitration or in court.

B. Severability of Class Action WaiverIf any court or arbitrator determines that any portion of the class action waiver set forth in Section 22.8(A) is void or unenforceable for any reason, then that specific portion shall be severed from this Agreement, and the remainder of the class action waiver and all arbitration provisions set forth in this Section 22 shall remain in full force and effect. Notwithstanding the foregoing, if a court or arbitrator determines that the class action waiver is unenforceable in a manner that would permit arbitration to proceed on a class or representative basis, then the arbitration provisions of this Section 22 shall be deemed null and void solely with respect to that class or representative claim, and such claim shall be litigated in a court of competent jurisdiction as set forth in Section 22.10. All individual claims shall remain subject to binding arbitration under this Section 22.

C. California Private Attorneys General Act (PAGA)To the maximum extent permitted by applicable law, you agree to waive any right to bring or participate in any representative claim under the California Private Attorneys General Act (“PAGA”), Cal. Lab. Code § 2698 et seq., or any similar state statute, in arbitration or in court. You and ATM.com agree that any claim you bring under PAGA shall be brought solely in your individual capacity on behalf of yourself and not on behalf of other current or former employees or aggrieved persons. Any individual PAGA claim shall be resolved through binding individual arbitration pursuant to this Section 22. Any non-individual or representative PAGA claims — meaning claims brought on behalf of other aggrieved persons — are waived to the maximum extent permitted by law. If, and only if, a court of competent jurisdiction determines that a non-individual PAGA claim may not be waived, such non-individual PAGA claim shall be stayed in court pending the final resolution of all individual arbitrable claims under this Section 22. ATM.com expressly reserves all rights and defenses with respect to any such non-individual PAGA claims.

D. Mass Arbitration Protocol(i) Definition. A “Mass Filing” occurs when twenty-five (25) or more substantially similar demands for arbitration are filed against ATM.com within any ninety (90) day period by the same attorney, law firm, or group of coordinated attorneys or law firms, regardless of whether the demands are filed simultaneously or in a coordinated series.

(ii) Attorney-Client Certification Requirement. In the event of a Mass Filing, counsel for each claimant must, at the time of filing or within fourteen (14) days of ATM.com’s written request, certify in writing that: (a) counsel has an actual, individual attorney-client relationship with the named claimant and has communicated directly and individually with that claimant regarding the specific factual and legal basis of the claimant’s individual claim; (b) counsel has conducted a reasonable, individualized factual investigation of each claimant’s claim and has determined in good faith that the claim has merit; (c) the claimant has personally reviewed and authorized the filing of the arbitration demand on his or her behalf; and (d) the demand is not based solely on the claimant’s status as a user of the Services but reflects an individualized grievance. Failure to provide such certification upon request may result in dismissal of the demand without prejudice, and the arbitrator shall have authority to strike demands that lack the required certification.

(iii) Bellwether Process. In the event of a Mass Filing, the parties agree that the following bellwether process shall apply in lieu of simultaneous individual arbitrations:

The AAA (or applicable administrator) shall randomly select ten (10) cases from the Mass Filing to proceed as bellwether arbitrations (the “Bellwether Cases”). All remaining cases shall be stayed pending resolution of the Bellwether Cases.
The Bellwether Cases shall be arbitrated individually, one at a time, under the arbitration procedures set forth in this Section 22. No Bellwether Case shall be consolidated with any other case without written consent of all parties.
Upon the conclusion of the Bellwether Cases, the parties shall engage in a global mediation of all remaining stayed cases before a AAA mediator mutually agreed upon by the parties.
If global mediation does not resolve the remaining cases within sixty (60) days of the conclusion of mediation, the stayed cases shall resume in arbitration in groups of ten (10), continuing until all cases are resolved or settled.

(iv) Procedural Safeguards for Stayed Claimants. The bellwether process set forth in Section 22.8(D)(iii) is intended solely as a case management mechanism and shall be implemented consistent with the following procedural safeguards designed to protect the rights of all claimants:

Notice. All claimants whose cases are stayed shall receive written notice from the administrator identifying which cases have been selected as Bellwether Cases, the anticipated timeline for resolution, and the claimant’s continued rights under this Section 22.
Non-Binding Precedent. The outcome of any Bellwether Case shall not be binding precedent on, and shall not have res judicata, collateral estoppel, or any other preclusive effect on, any non-bellwether claimant. Each stayed claimant retains all individual claims, rights, and defenses that existed at the time the demand was filed.
Time Limitation on Stays. No individual claimant’s case shall remain stayed for more than twenty-four (24) months from the date the stay was imposed. If a claimant’s case has been stayed for twenty-four (24) months and has not been activated for individual arbitration or resolved through mediation or settlement, that claimant’s case shall be activated for individual arbitration under this Section 22 upon written request by the claimant or the claimant’s counsel.
Tolling. The statute of limitations and any other applicable filing deadlines shall be tolled for all stayed claimants from the date the stay is imposed until the date the stay is lifted or the claimant’s case is activated for individual arbitration.

(v) Fee Allocation in Mass Filings. In the event of a Mass Filing, ATM.com’s obligation to pay arbitration fees shall be limited to the Bellwether Cases and each subsequent group of ten (10) cases as they are activated for arbitration. Filing fees for stayed cases shall not be assessed until those cases are activated. If the arbitrator or the AAA determines that a Mass Filing constitutes an abuse of the arbitration process or was filed in bad faith, the arbitrator may award ATM.com its reasonable attorneys’ fees, administrative fees, and arbitrator fees incurred in connection with the Mass Filing.

(vi) Escrow for Mass Arbitration Fees. In the event of a Mass Filing, ATM.com may elect to deposit the arbitration fees required for the activated Bellwether Cases and each subsequent group of activated cases into a separate trust or escrow account maintained by a qualified escrow agent or the arbitration administrator. Funds shall be released from escrow to the administrator as each group of cases is set for hearing. This provision is intended to ensure that funds are available for the orderly administration of the arbitration while avoiding the imposition of fees for cases that may never proceed to hearing. The establishment of an escrow account shall not constitute a failure or refusal to pay arbitration fees under applicable law or the administrator’s rules, provided that fees for activated cases are disbursed from escrow in a timely manner consistent with the administrator’s payment deadlines.

(vii) AAA Mass Arbitration Rules. In the event of a Mass Filing, the AAA’s Mass Arbitration Supplementary Rules, as then in effect, shall apply to the extent they are consistent with this Section 22.8(D). In the event of any conflict between the AAA Mass Arbitration Supplementary Rules and this Section 22.8(D), this Section 22.8(D) shall control.

(viii) Consolidation Prohibition. Nothing in this Section 22.8(D) shall be construed to authorize or permit the consolidation of individual arbitrations into a single proceeding, the arbitration of class claims, or any other form of representative or collective arbitration. The bellwether process set forth above is intended solely as a case management mechanism and shall not alter each claimant’s individual arbitration rights or ATM.com’s individual defenses with respect to each claim.

E. Waiver of Jury Trial on Representative ClaimsTO THE EXTENT ANY CLAIM IS DETERMINED TO BE INELIGIBLE FOR ARBITRATION AND IS PERMITTED TO PROCEED IN COURT, YOU AND ATM.COM EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL ON THAT CLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SUCH CLAIMS SHALL BE RESOLVED BY A JUDGE SITTING WITHOUT A JURY.

22.9 Waiver of Jury Trial

YOU AND ATM.COM HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY. Instead, all disputes shall be resolved through arbitration, as provided in this Arbitration Agreement. There is no judge or jury in arbitration, and judicial review of an arbitration award is limited.

22.10 Exceptions: Intellectual Property Claims; Unenforceable Awards; Small Claims Court

NOTWITHSTANDING THE PARTIES’ AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, EITHER PARTY MAY BRING THE FOLLOWING CLAIMS IN COURT WITHOUT FIRST ENGAGING IN THE INFORMAL DISPUTE RESOLUTION PROCESS SET FORTH IN SECTION 22.2 OR THE ARBITRATION PROCESS SET FORTH IN SECTION 22.3:

(a) Intellectual Property Claims. Either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property — including but not limited to patents, copyrights, trademarks, trade secrets, and domain names — exclusively in the state courts of California located in Orange County, California, or in the United States District Court for the Central District of California. Each party hereby submits to the personal jurisdiction and venue of such courts and irrevocably waives any objection thereto, including any objection based on improper venue or forum non conveniens.

(b) Enforcement of Unenforceable Arbitration Award. If an arbitration award is found by a court to be unenforceable for any reason, either party may pursue the underlying claim in the state courts of California located in Orange County, California, or in the United States District Court for the Central District of California, subject to all other limitations and waivers set forth in this Section 22, including the class action waiver set forth in Section 22.8 and the jury trial waiver set forth in Section 22.9, to the extent such waivers are independently enforceable.

(c) Small Claims Court. Either party may bring an individual claim in small claims court in lieu of arbitration, provided that:

The claim falls within the jurisdictional limits of the applicable small claims court — currently a maximum of Twelve Thousand Five Hundred Dollars ($12,500.00) for most claims in California courts, subject to change by applicable law
The claim is brought solely in an individual capacity and not on a class, collective, or representative basis
The claim remains within the small claims court's jurisdiction throughout the pendency of the proceeding
If the claim is removed from small claims court for any reason, or if the amount in controversy is determined to exceed the applicable jurisdictional limit, the claim shall be resolved by binding arbitration under this Section 22

The small claims court exception is available only for matters that fall squarely within the jurisdictional scope of the applicable small claims court. Any attempt to artificially reduce the amount of a claim solely for the purpose of qualifying for small claims court jurisdiction may be treated by ATM.com as a violation of the good faith obligations set forth in Section 22.2.

22.11 Limited Right to Opt Out

A. Opt-Out Eligibility and DeadlineIf you are a new user who has not previously agreed to an arbitration provision with ATM.com, you may opt out of the arbitration and class action waiver provisions set forth in this Section 22 by submitting a valid Opt-Out Notice (as defined below) within thirty (30) days of the date you first create an account with ATM.com or otherwise first become subject to this Agreement, whichever is earlier (the “Opt-Out Deadline”). Opt-out requests submitted after the Opt-Out Deadline will not be valid and will have no effect. If you previously agreed to a version of this Agreement that contained an arbitration provision and did not validly opt out at that time, you are not eligible to opt out of this Section 22 and this Section 22.11 does not apply to you.

B. How to Submit an Opt-Out NoticeTo opt out, you must submit a written notice ("Opt-Out Notice") exclusively by one of the following two methods:

By Certified U.S. Mail (postmarked on or before the Opt-Out Deadline):ATM.com, Inc.P.O. Box 7475Newport Beach, CA 92658-7475Attn: Legal Department — Arbitration Opt-Out

By Email (received on or before the Opt-Out Deadline):arbitration-optout@atm.com

To reduce the risk of your opt-out being missed or misdirected, opt-out notices sent by email must be sent exclusively to the dedicated email address above. Opt-out notices sent to any other ATM.com email address, including legal@atm.com or any general customer service address, will not be considered valid and will have no effect. ATM.com is not responsible for opt-out notices that are lost, misdirected, or otherwise fail to reach the designated address.

C. Required Contents of the Opt-Out NoticeTo be valid, your Opt-Out Notice must include all of the following:

A clear and unambiguous statement of your intent to opt out of the arbitration agreement and class action waiver set forth in Section 22 of the ATM.com Terms of Service
The date you first created your ATM.com account or otherwise first became subject to this Agreement
Your full legal name
Your current mailing address
The email address associated with your ATM.com account
The mobile phone number associated with your ATM.com account (if applicable)
Your personal signature (wet ink signature for mailed notices; typed name or electronic signature for emailed notices, provided the email is sent from the email address associated with your account)

An Opt-Out Notice that is missing any of the above information, or that cannot be matched to an active ATM.com account, will be deemed invalid and will have no effect. ATM.com reserves the right to request additional verification of your identity before processing an opt-out.

D. Personal Submission RequiredYou must submit the Opt-Out Notice yourself, in your individual capacity. Opt-Out Notices submitted by third parties on your behalf — including but not limited to attorneys, legal representatives, claims aggregators, or any other persons or entities — will not be valid and will have no effect. Mass opt-out submissions (meaning opt-out notices submitted on behalf of multiple individuals in a single submission or through a coordinated process) will not be accepted and will have no effect as to any individual purportedly included in such submission. Each individual wishing to opt out must submit a separate, individually signed Opt-Out Notice.

E. ATM.com ConfirmationUpon receipt of a valid Opt-Out Notice, ATM.com will send written confirmation to the email address associated with your account within fifteen (15) business days. If you do not receive a confirmation within that period, it is your responsibility to contact ATM.com’s Legal Department at the dedicated opt-out email address above to confirm receipt. The absence of a confirmation does not itself invalidate a timely and properly submitted Opt-Out Notice, but ATM.com’s records regarding receipt shall be presumptively correct absent clear and convincing evidence to the contrary.

F. Effect of Opting OutIf you submit a valid and timely Opt-Out Notice, neither you nor ATM.com will be bound by the arbitration or class action waiver provisions set forth in this Section 22 with respect to disputes arising after the date your opt-out is confirmed. However:

Opting out of this Section 22 does not affect any other provision of the Terms of Service, all of which remain in full force and effect
Opting out of this Section 22 does not affect any prior arbitration agreements between you and ATM.com, which shall remain governed by the terms in effect at the time they were entered into
If you opt out, any disputes between you and ATM.com that are not resolved informally shall be subject to the exclusive jurisdiction and venue provisions set forth in Section 22.10, and you hereby consent to personal jurisdiction in those courts

G. Class Action Waiver Opt-OutOpting out of the arbitration provision does not automatically opt you out of the class action waiver set forth in Section 22.8 to the extent such waiver is enforceable independent of the arbitration agreement under applicable law. If you wish to opt out of both the arbitration provision and the class action waiver, you must expressly state both in your Opt-Out Notice.

22.12 Modifications to This Section

A. ATM.com's Right to ModifyATM.com reserves the right to modify this Section 22 (Mandatory Arbitration and Class Action Waiver) at any time in its sole discretion. Any modifications will become effective as provided in this Section 22.12.

B. Notice of Material ChangesIf ATM.com makes a change to this Section 22 that materially affects your rights (a “Material Change”), ATM.com will provide notice by one or more of the following methods, as determined by ATM.com in its reasonable discretion:

Posting the updated Terms of Service on the ATM.com website with a revised "Last Updated" date prominently displayed at the top of the page
Sending notice to the email address associated with your account
Displaying a prominent in-app or in-platform notification the next time you access the Services

For purposes of this Section 22.12, a “Material Change” means any modification that: (a) reduces your ability to bring claims in arbitration; (b) increases your cost of participating in arbitration; (c) changes the arbitration administrator or applicable rules in a manner that is materially less favorable to you; or (d) eliminates or narrows any exception to arbitration that previously applied to you. Modifications that are administrative in nature, that expand your rights, or that are required to maintain compliance with applicable law shall not constitute Material Changes and may take effect immediately upon posting.

C. Affirmative Acceptance Required for Material ChangesFor any Material Change to this Section 22, ATM.com will require your affirmative acceptance before the modified terms become binding on you. Affirmative acceptance may be obtained by:

A click-through acknowledgment within the ATM.com platform or application requiring you to affirmatively accept the updated terms before continuing to use the Services
A written confirmation sent by you to ATM.com's Legal Department acknowledging acceptance of the modified terms

Continued use of the Services alone shall not constitute acceptance of a Material Change to this Section 22. If you do not affirmatively accept a Material Change within sixty (60) days of receiving notice, you may continue to use the Services but will remain subject to the version of Section 22 that was in effect immediately prior to the Material Change, until such time as you affirmatively accept the updated terms or terminate your use of the Services.

D. Non-Material ChangesFor modifications that do not constitute a Material Change, the updated terms will take effect thirty (30) days after posting on the ATM.com website. Your continued use of the Services after the effective date of any non-material modification constitutes your acceptance of the modified terms. It is your responsibility to review the Terms of Service periodically for updates. The “Last Updated” date at the top of the Terms of Service will reflect the date of the most recent modification.

E. Disputes Accruing Before ModificationAny dispute, claim, or controversy that accrued before the effective date of a modification to this Section 22 shall be governed by the version of this Section 22 that was in effect at the time the dispute accrued, regardless of when the arbitration demand or other legal action is filed. For purposes of this provision, a dispute “accrues” on the date the events giving rise to the claim occurred, not the date on which a formal demand or filing is made.

F. Previously Opted-Out UsersIf you previously submitted a valid Opt-Out Notice under Section 22.11 of any prior version of this Agreement, that opt-out remains valid and in effect. Modifications to this Section 22 — whether Material Changes or otherwise — will not retroactively subject you to arbitration if you previously and validly opted out, unless you separately and affirmatively agree in writing to be bound by the arbitration provisions of a subsequent version of this Agreement.

G. Previously Agreed-Upon ArbitrationIf you previously agreed to a version of this Agreement that contained an arbitration provision and did not validly opt out, any Material Change to this Section 22 will not give you a new opportunity to opt out of arbitration, except to the extent required by applicable law or the rules of the applicable arbitration administrator. You will, however, be entitled to the benefit of any modification that expands your rights or reduces your obligations under this Section 22.

22.13 Survival

The provisions of Sections 25 (Governing Law) and 22 (Mandatory Arbitration and Class Action Waiver) shall survive any termination of your use of the Services.

22.14 Confidentiality of Arbitration Proceedings

A. General Confidentiality ObligationThe parties agree that all aspects of any arbitration conducted under this Section 22 shall be and remain strictly confidential. This confidentiality obligation is mutual and applies equally to both you and ATM.com. Unless required by applicable law, court order, or the rules of the applicable arbitration administrator, neither party shall disclose to any third party, without the prior written consent of the other party:

The existence of the arbitration or the fact that a demand has been filed
The nature, substance, or content of any claims, defenses, or counterclaims asserted in the arbitration
Any documents, evidence, testimony, or other materials produced or exchanged during the arbitration
Any rulings, orders, decisions, or awards issued by the arbitrator
Any settlement discussions, offers, or agreements reached in connection with the arbitration

B. Permitted DisclosuresNotwithstanding Section 22.14(A), a party may disclose confidential arbitration information:

To its attorneys, accountants, financial advisors, or other professional advisors who have a legitimate need to know and who are themselves bound by confidentiality obligations at least as protective as those set forth herein
To the extent necessary to enforce an arbitration award in a court of competent jurisdiction, provided that the party seeks to file such materials under seal to the extent permitted by the court
To the extent required by applicable securities laws or regulations, including disclosures required by the SEC or any stock exchange
To the extent ordered by a court of competent jurisdiction, provided that the disclosing party gives the other party prompt written notice and a reasonable opportunity to seek a protective order before making any such disclosure
To the extent the information is or becomes publicly available through no fault of the disclosing party.

C. Confidentiality of SettlementAny settlement reached in connection with an arbitration under this Section 22 shall be treated as confidential by both parties. Neither party shall disclose the existence, terms, or amount of any settlement to any third party without the prior written consent of the other party, except as required by applicable law or as permitted under Section 22.14(B) above.

D. Breach of ConfidentialityThe parties acknowledge that any breach of this Section 22.14 would cause irreparable harm for which monetary damages would be an inadequate remedy. In the event of a breach or threatened breach of this Section 22.14, the non-breaching party shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction as identified in Section 22.10, without the requirement of posting a bond or other security, and without waiving its right to compel arbitration of the underlying dispute.

E. Arbitrator's AuthorityThe arbitrator shall have authority to issue orders protecting the confidentiality of the proceedings and to impose sanctions, including monetary sanctions and adverse inference instructions, for violations of this Section 22.14 or of any confidentiality order issued during the arbitration.

22.15 Hearing Format; Virtual Proceedings

A. Default Virtual FormatFor all arbitrations in which the amount in controversy does not exceed Seventy-Five Thousand Dollars ($75,000.00), all hearings, conferences, and proceedings shall be conducted entirely by video conference or telephone, using a platform designated by the AAA (or applicable fallback administrator) or agreed upon by the parties, unless both parties expressly agree in writing to an in-person proceeding. ATM.com shall not request or require an in-person hearing for any matter within this threshold.

B. Larger ClaimsFor arbitrations in which the amount in controversy exceeds Seventy-Five Thousand Dollars ($75,000.00), either party may request an in-person hearing by submitting a written request to the AAA (or applicable fallback administrator) and the other party. In-person hearings for such matters shall be conducted in Irvine, California, unless the parties mutually agree in writing to an alternative location or to conduct the hearing by video conference. The arbitrator shall have authority to order video conference hearings in lieu of in-person hearings upon a showing of good cause, including but not limited to hardship, cost, or health considerations.

C. Technology and AccessATM.com agrees to cooperate in good faith to ensure that virtual hearings are accessible and technically feasible for all parties. If a party lacks access to the technology required for a video conference hearing, the arbitrator may, in their discretion, allow telephonic participation or make other reasonable accommodations.

D. No Adverse InferenceThe arbitrator shall not draw any adverse inference against any party solely on the basis of that party’s participation in a hearing by video conference or telephone rather than in person.

23. TAXES

You are responsible for any applicable taxes associated with income you generate via the Services. All payments from us to you in relation to the Services will be treated as inclusive of tax (when applicable) and will not be adjusted.

In order to comply with all tax authorities, ATM.com reserves the right to disclose revenue information to said authorities when applicable. In addition, we may be required to send users a 1099-MISC form or other applicable tax documents. The filing of tax forms is the sole responsibility of you, the end user. You agree to absolve ATM.com of responsibility for any related filing fees you may incur (for example, being charged a penalty for failing to file said tax forms in a timely manner).

24. ASSIGNMENT

You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your ATM.com Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.

25. GOVERNING LAW

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of California.

Notwithstanding the foregoing, and notwithstanding any other provision of these Terms, the interpretation, enforceability, scope, formation, and administration of the arbitration agreement and class action waiver set forth in Section 22 of these Terms — including all questions of arbitrability, the validity of the arbitration agreement, the enforceability of the class action waiver, and the conduct of arbitration proceedings — shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), and not by the laws of California or any other state, to the fullest extent permitted by law. Where the FAA is silent on a procedural or substantive question arising under Section 22, the rules of the applicable arbitration administrator (currently JAMS) shall apply, and California law shall apply only as a last resort and only to the extent it is not inconsistent with the FAA or the parties' agreement in Section 22. The California Arbitration Act, Cal. Civ. Proc. Code § 1280 et seq., shall have no application to Section 22 or to any dispute regarding the enforceability or administration of the arbitration agreement contained therein.

26. OTHER TERMS

These Terms of Service and any operating rules for the Services established by ATM.com constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of ATM.com, its parent, subsidiaries, other affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Service will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.

Neither ATM.com nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including without limitation: fire, lightning, explosion, power surge or failure, flood, earthquake, or other natural disasters; acts of God; war, terrorism, revolution, civil commotion, riots, or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; pandemic, epidemic, or public health emergency declared by a federal, state, or local authority; labor unrest, including without limitation strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages; cybersecurity incidents, distributed denial of service attacks, or other malicious interference with ATM.com's technical infrastructure beyond ATM.com's reasonable control; or acts or omissions of third-party service providers, telecommunications carriers, or internet service providers beyond ATM.com's reasonable control (each, a "Force Majeure Event").

In the event of a Force Majeure Event, the affected party shall notify the other party as soon as reasonably practicable and shall use commercially reasonable efforts to resume performance as quickly as possible. Notwithstanding any Force Majeure Event, ATM.com's obligation to maintain the integrity of your Account balance and to process your withdrawal requests shall not be suspended or excused, except to the minimum extent technically impossible due to the Force Majeure Event itself and only for the duration of that technical impossibility. ATM.com will restore your ability to withdraw available Account funds as soon as reasonably practicable following the resolution or abatement of the Force Majeure Event. Nothing in this force majeure provision shall be construed to limit ATM.com's obligations under applicable law with respect to the safeguarding or return of user funds.

27. PRIVACY POLICY

27.1 Incorporation by Reference

ATM.com maintains a Privacy Policy that details how we collect, use, store, share, and protect your personal information in connection with the Services. Our Privacy Policy is incorporated into these Terms of Service by reference and forms a legally binding part of this Agreement. By agreeing to these Terms, you also agree to the Privacy Policy as it exists at the time of your agreement and as it may be amended from time to time in accordance with this Section 27. A current copy of our Privacy Policy is available at https://atm.com/privacy-policy and within the App.

27.2 Modifications to the Privacy Policy

ATM.com reserves the right to update and modify the Privacy Policy from time to time at its discretion. However, not all Privacy Policy changes are treated the same way. The following rules apply depending on the nature of the change:

(a) Non-Material Changes. Changes to the Privacy Policy that do not materially affect your rights or ATM.com's data collection, use, or sharing practices — such as clarifications, corrections of typographical errors, reorganization of existing content, or updates required to reflect changes in applicable law that do not expand ATM.com's data practices — will take effect thirty (30) days after posting on the ATM.com website and within the App, with the "Last Updated" date on the Privacy Policy reflecting the date of the most recent change. Your continued use of the Services after the effective date of a non-material change constitutes your acceptance of that change.

(b) Material Changes. A "Material Change" to the Privacy Policy means any change that:

Expands the categories of personal information ATM.com collects from users
Introduces new purposes for which ATM.com uses your personal information that are materially different from the purposes disclosed at the time you created your Account
Adds new categories of third parties with whom ATM.com shares or sells your personal information, beyond those disclosed in Section 7 of these Terms and in the Privacy Policy at the time of your agreement
Reduces or eliminates any privacy right or protection previously afforded to you under the Privacy Policy
Changes ATM.com's data retention practices in a manner that results in your personal information being retained for a materially longer period than previously disclosed

For any Material Change to the Privacy Policy, ATM.com will provide you with advance notice of at least thirty (30) days before the change takes effect, by one or more of the following methods: email to the address associated with your Account; in-app notification; or a prominent notice on the ATM.com website. Your continued use of the Services after the effective date of a Material Change to the Privacy Policy constitutes your acceptance of that change. If you do not agree to a Material Change, you must stop using the Services before the effective date of the change.

(c) Changes Required by Law. If a change to the Privacy Policy is required by applicable law or regulation — including but not limited to changes required to comply with the CCPA, CPRA, or other applicable privacy laws — ATM.com may implement such changes immediately upon posting, without advance notice, to the extent required by the applicable law or regulatory authority. ATM.com will notify you of such changes as promptly as practicable under the circumstances.

(d) Changes Affecting the Arbitration Agreement. Notwithstanding anything in this Section 27 to the contrary, any change to the Privacy Policy that materially affects your rights under Section 22 of these Terms (Mandatory Arbitration and Class Action Waiver) shall be treated as a Material Change to Section 22 and shall be governed by Section 22.12, not by this Section 27. Your continued use of the Services alone shall not constitute acceptance of any Privacy Policy change that constitutes a Material Change to Section 22.

27.3 Conflicts Between the Privacy Policy and These Terms

In the event of any conflict or inconsistency between the Privacy Policy and these Terms of Service with respect to privacy-related matters, the Privacy Policy shall control. In the event of any conflict or inconsistency between the Privacy Policy and these Terms of Service with respect to any matter other than privacy — including but not limited to dispute resolution, arbitration, limitation of liability, and indemnification — these Terms of Service shall control. This conflict resolution provision is intended to ensure that each document governs the subject matter for which it was primarily designed.

27.4 Third-Party Privacy Practices

The Privacy Policy governs only ATM.com's own data collection, use, and sharing practices. It does not govern the privacy practices of third parties whose services are integrated into or accessible through the Services, including but not limited to Plaid, Inc., Cardlytics, Inc., third-party advertisers, and survey providers. Each such third party maintains its own privacy policy governing its independent data practices, and ATM.com is not responsible for those practices. Links to third-party privacy policies for ATM.com's primary service partners are available in the Privacy Policy. You are encouraged to review those policies before providing information to or through any third-party service.

27.5 Data Breach Notification

In the event of a data breach affecting your personal information, ATM.com will notify you in accordance with applicable state and federal data breach notification laws, including California Civil Code Section 1798.29 and Section 1798.82. Notification will be provided to the email address associated with your Account, or by substitute notice as permitted by applicable law if ATM.com is unable to reach you at your email address. The timing and content of breach notifications will comply with applicable law. Nothing in this Section 27.5 shall be construed to limit ATM.com's notification obligations under applicable law or to expand them beyond what the law requires.

27.6 Do Not Track

Some web browsers offer a "Do Not Track" or similar feature that signals to websites and applications that you do not wish to have your online activity tracked. [ATM.com's current practices with respect to Do Not Track signals are described in the Privacy Policy.] To the extent ATM.com's response to Do Not Track signals changes, ATM.com will update the Privacy Policy accordingly and provide notice of any Material Change in accordance with Section 27.2(b) above.

27.7 Children's Privacy

The Services are not directed to children under the age of 13, and ATM.com does not knowingly collect personal information from children under 13. If ATM.com becomes aware that it has inadvertently collected personal information from a child under 13, it will take prompt steps to delete that information from its records. If you are a parent or guardian and believe that ATM.com has collected personal information from your child under the age of 13, please contact us immediately at privacy@atm.com. This Section 27.7 is consistent with ATM.com's obligations under the Children's Online Privacy Protection Act ("COPPA"), 15 U.S.C. § 6501 et seq.

27.8 Your Privacy Responsibilities

While ATM.com takes reasonable steps to protect your personal information, you also bear responsibility for protecting your own privacy in connection with your use of the Services. Specifically:

You are responsible for maintaining the confidentiality of your Account Credentials and for all activity that occurs under your Account, as described in Section 8.3 of these Terms.
You should not share sensitive personal or financial information through the Services in ways that are not required for the functioning of the Services, including through chatbot or AI interactions as described in Section 12.
You should review the privacy settings available within the App periodically and configure them in accordance with your preferences.
If you believe your personal information has been compromised, you should contact ATM.com immediately at privacy@atm.com and take appropriate steps to secure your Account.

28. CALIFORNIA RESIDENTS

28.1 DFPI Disclosure

ATM.com is not currently licensed by the California Department of Financial Protection and Innovation ("DFPI"). If the DFPI decides in the future to license ATM.com and/or requires modifications to ATM.com's cash advance product agreement, such developments may affect the terms under which the Services are offered but will not retroactively alter your existing obligations under this Agreement unless required by applicable law.

28.2 California Consumer Privacy Act (CCPA/CPRA)

If you are a California resident, you have specific rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the "CCPA"), with respect to your personal information. A full description of ATM.com's data collection practices, the categories of personal information we collect, the purposes for which we use it, the categories of third parties with whom we share it, and a complete description of your CCPA rights is set forth in our Privacy Policy, which is incorporated into these Terms by reference and is available at https://atm.com/privacy-policy.

Your CCPA rights include, without limitation, the following:

Right to Know. You have the right to request that ATM.com disclose the categories and specific pieces of personal information it has collected about you, the categories of sources from which that information was collected, the business or commercial purposes for collecting or selling your personal information, and the categories of third parties with whom ATM.com shares your personal information.
Right to Delete. You have the right to request that ATM.com delete personal information it has collected from you, subject to certain exceptions permitted by law.
Right to Correct. You have the right to request that ATM.com correct inaccurate personal information it maintains about you.
Right to Opt Out of Sale or Sharing. You have the right to opt out of the sale or sharing of your personal information. As disclosed in Section 7 of these Terms, certain data sharing practices in connection with our CDLX partnership may constitute a sale or sharing of personal information under the CCPA. To exercise your right to opt out, click [Do Not Sell or Share My Personal Information] or contact us at privacy@atm.com.
Right to Limit Use of Sensitive Personal Information. You have the right to limit ATM.com's use and disclosure of sensitive personal information — including financial account information — to uses that are necessary to provide the Services, to the extent permitted by the CCPA.
Right to Non-Discrimination. You have the right not to receive discriminatory treatment from ATM.com for exercising any of your CCPA rights. ATM.com will not deny you Services, charge you different prices, or provide you with a different level of service solely because you exercised a right under the CCPA.

28.3 How to Exercise Your California Privacy Rights

To submit a CCPA rights request, you may contact ATM.com by any of the following methods:

Email: privacy@atm.com
Mail: ATM.com, Inc., P.O. Box 7475, Newport Beach, CA 92658-7475, Attn: Privacy Rights Request

ATM.com will respond to verifiable consumer requests within the timeframes required by the CCPA — generally within forty-five (45) days of receipt, with the possibility of one forty-five (45) day extension where reasonably necessary. ATM.com may need to verify your identity before processing your request. We will not use personal information collected as part of the verification process for any purpose other than verification.

28.4 Shine the Light

California Civil Code Section 1798.83 ("Shine the Light" law) permits California residents who have provided personal information to ATM.com to request certain information about ATM.com's disclosure of that information to third parties for those third parties' direct marketing purposes. If you are a California resident and wish to make such a request, please contact us at privacy@atm.com or at the mailing address above.

28.5 Relationship to Privacy Policy

This Section28 is intended as a summary of your California privacy rights and does not constitute ATM.com's complete CCPA disclosure. Our Privacy Policy contains ATM.com's full CCPA-compliant privacy notice, including all disclosures required by the CCPA and CPRA. In the event of any conflict between this Section 28 and the Privacy Policy with respect to California privacy rights, the Privacy Policy shall control. You are encouraged to review the Privacy Policy carefully and to contact us at privacy@atm.com with any questions.

29. SURVIVABILITY

The following sections survive account closure or termination:

fees and payment obligations
dispute resolution and arbitration
limitation of liability
indemnification
regulatory compliance
intellectual property rights
privacy and data provisions
any provision that by its nature should survive termination

30. ATM.COM CONTACT INFORMATION

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@atm.com or ATM.com, Inc., P.O. Box 7475, Newport Beach, CA 92658-7475. When you email us, it is important to use the email address associated with your Account. If you don’t, we will need to verify your identity by alternative means.

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