Terms of service

Welcome to KAPED!

Please read the following Terms of Service carefully. These Terms of Service (“Terms”) are an agreement between you (“you,” “your,” or “user”) and KAPED its subsidiaries, affiliates, agents, service providers, and assigns (“PLATFORM,” “us,” “we,” or “our”). The Terms govern your use of products and services we may offer through our website www.kaped.io and all associated sites owned by KAPED and linked to this Website (collectively, the “Site”).

 

By using this Site, you acknowledge and agree that, by accessing or using this Site, you are indicating that you have read and understand, and agree to be bound by these Terms, as stated below as well as KAPED Privacy Policy ("Privacy Notice") at all times.

 

NOTICE:  DISPUTES ABOUT THESE TERMS AND THE KAPED WEBSITE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS ASDETAILED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION 14.

 

KAPED reserves the right at its sole discretion, to change, modify, add or remove portions of these Terms and our Privacy Policy at any time. It is your responsibility to check these Terms and our Privacy Policy periodically for changes. Your continued use of this Site after any such update constitutes your binding acceptance of such changes. As long as you comply with these Terms, KAPED grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Site.

 

If you have questions, comments, concerns please contact KAPED at support@kaped.io with any questions you may have.

 

1.      ELIGIBILITY

To use this Site you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age). If you’re agreeing to these Terms on behalf of an organization, entity, or co-applicant, you represent and warrant that you are authorized to agree to these Terms on behalf of that organization, entity, or co-applicant and bind them to these Terms (in which case, the references to “you” and “you're” in these Terms, except for in this sentence, refer to that organization, entity, or co-applicant). If KAPED has previously prohibited you from accessing this Site, you do not have permission to access this Site.

 

2.      PROPRIETARYRIGHTS

This Site is owned and operated by KAPED and contains material which is derived in whole or in part from material supplied by KAPED and our partners, as well as other sources, and is protected by United States copyright laws and other intellectual property laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on this Site. You acknowledge that this Site has been developed, compiled, prepared, revised, selected, and arranged by KAPED and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of KAPED and such others. You agree to notify KAPED immediately upon becoming aware of any unauthorized access or use of this Site by any individual or entity or of any claim that this Site infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights shall, as between you and KAPED, at all times be and remain the sole and exclusive property of KAPED.

 

 

 

 

3.      WARRANTYAND DISCLAIMERS

YOUEXPRESSLY UNDERSTAND AND AGREE THAT:

 

YOURUSE OF THIS SITE IS SOLELY AT YOUR OWN RISK. KAPED DOES NOT MAKEANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THIS SITE, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THEACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED INOR ACCESSED THROUGH THIS SITE. THIS SITE IS PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUTLIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, NON-INFRINGEMENT, OR THAT USE OF THIS SITE WILL BE UNINTERRUPTED ORERROR-FREE.

 

ANYCONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS DOWNLOADED ANDUSED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FORANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY OR LOSSOF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

 

NOADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAPEDORTHROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY. KAPEDMAKESNO REPRESENTATION, WARRANTY, GUARANTEE, OR PROMISE THAT THE PRODUCTS, SERVICES, OR SITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS.

 

4.      LIMITATIONOF LIABILITY

TOTHE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDERNO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICTLIABILITY, OR OTHERWISE) SHALL KAPED BE LIABLE TO YOU OR TO ANY OTHER PERSONFOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANYKIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOOD WILL, WORK STOPPAGE,ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, INTHE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BYYOU TO KAPED INCONNECTION WITH THE WEBSITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

 

In the event that you have a dispute with any third party, you agree that KAPED is under no obligation to become involved on your behalf. You release KAPED, and our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way relating to such disputes and/or this Site. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.

 

5.      EXCLUSIONSAND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Sections 3 and 4. Accordingly, some of the above limitations may not apply to you.  If you are a NewJersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Sections 3 and 4specifically do apply to you.

 

 

6.      TERMINATION

These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of this Site and/or our Services at any time for any or no reason at all, with or without notice to you. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other agreements, (b) requests by law enforcement or government agencies, (c) discontinuance or material modification of this Site (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) activities related to protecting the rights, property, or safety of KAPED, our agents and affiliates, or our users and the public, or (g) if you provide any information that is false, inaccurate, out-of-date, or incomplete. Additionally, any suspected fraudulent, abusive, or illegal activity that maybe grounds for termination of your use of our Site and/or Services may bereferred to appropriate law enforcement authorities. If we terminate your right to access this Site, these Term will terminate and all rights you have toaccess this Site will immediately terminate; however, certain provisions ofthese Terms will still apply post-termination, including without limitation,the Arbitration and Class Action Waiver provisions.

 

7.      INDEMNITY

YOUAGREE TO INDEMNIFY, DEFEND, AND HOLD KAPED AND OURRESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, ANDREPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING)HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING, WITHOUT LIMITATION,REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE IN CONNECTION WITH ORARISING OUT OF YOUR VIOLATION OF THESE TERMS OR OUR PRIVACY POLICY, AND/OR YOURSUBMISSION, POSTING, OR TRANSMISSION OF CONTENT TO THIS SITE.  WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TOASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOUWILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

 

8.      PROHIBITEDUSES

Useof the Site for any illegal purpose, or any other purpose not expresslypermitted in these Terms, is strictly prohibited. We reserve the right toinvestigate and take appropriate legal action against anyone who, in our solediscretion, violates this section, including removing the offending Contentfrom our Site, suspending or terminating access to our Services and/or Site and reporting such violators tolaw enforcement authorities.

Beloware examples of content and/or uses that is illegal or prohibited:

 

§  Use this Siteto harass, abuse, or threaten any other person;

§  Provide informationthat is unlawful, harmful, deceptive, tortious, defamatory, libelous, orinvasive of another’s privacy;

§  Use this Sitecommercially, for benchmarking, or to compile information for a product orservice;

§  Copy, download(other than for personal use, or as otherwise expressly permitted by theseTerms), modify, distribute, post, transmit, display, perform, reproduce,broadcast, duplicate, publish, republish, upload, license, reverse engineer,create derivative works from, or offer for sale any content or otherinformation contained on or obtained from or through this Site by any meansexcept as provided for in these Terms or with the prior written consent of KAPED;

§  Scrape, access,monitor, index, frame, link, or copy any content or information on this Site byaccessing this Site in an automated way, using any robot, spider, scraper, webcrawler, or any other method of access other than manually accessing thepublicly available portions of this Site through a browser or accessing thisSite through any approved API;

§  Violate therestrictions in any robot exclusion headers of this Site, if any, or bypass orcircumvent other measures employed to prevent or limit access to this Site;

§  Upload orotherwise make available any material that contains any software, device,instructions, computer code, files, programs and/or other content or featurethat is designed to interrupt, destroy, or limit the functionality of anycomputer software or hardware or telecommunications equipment (includingwithout limitation any time bomb, virus, software lock, worm, self-destruction,drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,”or “metering” device, or any malicious code);

§  Attempt to disable, overburden, or impair the proper working of this Site (including the use of any Mail list, Listserv, or any form of auto-responder or “spam”);

§  Use the Websiteto distribute any other party’s intellectual property unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on this Site;

§  Make available trade secrets or other confidential or proprietary information, or provide any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to insiderinformation, or confidential or proprietary information learned or disclosed aspart of employment relationships or under non-disclosure agreements;

§  Falsely stateor otherwise misrepresent your affiliation with a person or entity, orimpersonate any person or entity;

§  Violate theseTerms or any guidelines or policies posted by KAPED; and/or

§  Interfere withany other party’s use of this Site.

 

Please note that the terms and restrictions described in these Terms also apply to any content that you may be able to copy or download from this Site (e.g., guides and white papers).

 

KAPED reserves the right, but not the obligation, in our sole and absolute discretion, to remove any information provided by you, and/or block access to the Site.

 

9.      ELECTRONICCOMMUNICATION

When you communicate with us electronically, such as via e-mail, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be inwriting.

 

10.  THIRDPARTY LINKS AND WEBSITES

KAPED has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in, any third-party websites or by any third party that you interact with through or on this Site. In addition, KAPED will not and cannot monitor, verify, censor, or edit the content of any third-party website or service. By using this Site, you release and hold KAPED harmless from any and all liability arising from your use of any third-party website or service, and you acknowledge and agree that the terms and privacy policies of such third parties govern your interactions with and use of such websites and services.

 

11.  PRIVACY

By using this Site,you acknowledge and accept this Site’s Privacy Policy and consent to thecollection and use of your data in accordance with the Privacy Policy. By usingthis Site, you acknowledge that Internet transmissions are never completelyprivate or secure. You understand that any message or information you send tothis Site may be read or intercepted by others, even if there is a specialnotice that a particular transmission is encrypted.

 

 

12.  RIGHTSTO MODIFY THIS SITE

We may change, suspend or discontinue any aspect of this Site or service at any time. KAPED reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options and any other specifications at any time without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of this Site without notice or liability.

 

13.  ARBITRATIONAND CLASS ACTION WAIVER

 

PLEASEREAD THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHTTO FILE A LAWSUIT IN COURT.

 

13a. Agreement to Arbitrate. You and KAPEDagreethat these Terms affect interstate commerce and that the Federal ArbitrationAct governs the interpretation and enforcement of these arbitration provisions.This Section 13 is intended to be interpreted broadly and governs any and alldisputes between us including but not limited to claims arising out of orrelating to any aspect of the relationship between us, whether based incontract, tort, statute, fraud, misrepresentation, or any other legal theory;claims that arose before these Terms or any prior agreement (including, but notlimited to, claims related to advertising); and claims that may arise after thetermination of these Terms. The only disputes excluded from this broadprohibition are the litigation of certain intellectual property and small courtclaims, as provided below.

 

13b. Dispute Resolution. Most disputescan be resolved without resort to arbitration. If you have any dispute with us,you agree that before taking any formal action, you will contact us at support@kaped.io or by CertifiedMail to 571 W La Habra Blvd, La Habra CA 90631. The disputeshould contain a brief written description of the dispute and your contactinformation (including your username if your dispute relates to a Platformaccount). Except for intellectual property and small claims court claims, theparties agree to use their best efforts to settle any dispute, claim, question,or disagreement directly through consultation with KAPED, and goodfaith negotiations shall be a condition to either party initiating a lawsuit orarbitration.

 

13c. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period ofsixty (60) days from the time informal dispute resolution is initiated underthe Dispute Resolution provision Section 13b, then either party may initiatebinding arbitration as the sole means to resolve claims, (except as provided inthe “Exception: Litigation of Intellectual Property and Small Claims CourtClaims” subsection below) subject to the terms set forth in provision Section13f. 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 KAPED shall be finally settled by binding arbitration. Regardless of themanner in which the arbitration is conducted, the arbitrator will issue areasoned written decision sufficient to explain the essential findings andconclusions on which the award is based.

13d. Class Action Waiver. The partiesfurther agree that the arbitration shall be conducted in the party’s respectiveindividual capacities only and not as a class action or other representativeaction, and the parties expressly waive their right to file a class action orseek relief on a class basis. YOU AND KAPED AGREES THATEACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUALCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ORREPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the classaction waiver set forth in this paragraph is void or unenforceable for anyreason or that an arbitration can proceed on a class basis, then thearbitration provisions set forth above shall be deemed null and void in theirentirety and the parties shall be deemed to have not agreed to arbitratedisputes.

 

13e. Litigation of IntellectualProperty and Small Claims Court Claims. Notwithstanding the parties’ decisionto resolve all disputes through arbitration, either party may bring enforcementactions, validity determinations, or claims arising from or relating to theft,piracy or unauthorized use of intellectual property in state or federal courtor in the U.S. Patent and Trademark Office to protect its intellectual propertyrights (“intellectual property rights” means patents, copyrights, moral rights,trademarks, and trade secrets, but not privacy or publicity rights). Eitherparty may also seek relief in a small claims court for disputes or claimswithin the scope of that court’s jurisdiction.

 

13f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator will be strictly confidential for the benefit of all parties.

 

13g. Changes to this Section. KAPED will provide thirty (30) days’ notice of any changes to this section by posting on this Site. Amendments will become effective thirty (30) days after they are posted on this Site. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using this Site.

 

13h. Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination ofyour use of the Website.

 

14.  ELECTRONICFUNDS TRANSFER DISCLOSURE

 

14a.Limits on ACH Debit Transactions. The cut-off time for scheduling ACH transfers is 4:00 PM Mountain Time. Any transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day.

 

14b.ACH Debit Limits.The limitations to the amount of funds that can be transferred from your Deposit Account per day are as follows:

 

Transaction Type

Frequency and/or Amounts

ACH Debits (from external bank/provider)

$50,000

ACH Credits from Mobile App

$120,000

ACH Credits from external  Financial Institution

$120,000

 

14c. Electronic Transfer Services. The following terms are used to describe Electronic Funds Transfer (“EFT”) services. “Automated credits” or “direct deposits” are deposits made to your Deposit Account by electronic means. “Automated debits” and “automated payments” indicate payments authorized by you to be made from your Deposit Account by electronic means. “Online Transfers” are the movement of funds between your Deposit Accounts by use of the Mobile App. Online Transfers are described in detail inthe agreement governing the Deposit Account.

 

When you accept direct deposits orauthorize automatic payments/debits or transfers to or from your Account, youagree to these Terms of Service.

 

Other relevant terms and conditionsdescribed elsewhere in the Agreement also apply as long as they are consistentwith Regulation E or Section 14.

 

14d.Types of Electronic Funds TransfersAvailable.You may arrange with another party, such as your employer or a governmentagency, to electronically deposit funds on a one-time or recurring basisdirectly to your Deposit Account.

 

You may authorize another party, suchas a merchant, to make a one-time or recurring payment(s) using the Deposit Accountand bank routing numbers, directly from your Deposit Account subject to theestablished limitations on withdrawals and transfers.

 

You may use the Debit Card to makepurchases at merchants that accept the Debit Card or to obtain cash at ATMs,Over The Counter cash and, subject to availability, cash back at POS terminals.

Limitations on Transfers, Amounts andFrequency of Transactions

 

You may make cash withdrawals and POSpurchases, not to exceed the established limits for your Deposit Account.  

 

14e. Limitations on Transfers, Amountsand Frequency of Transactions.

 

Þ     You may makecash withdrawals and Point of Sale (POS) purchases, not to exceed theestablished limits of your Deposit Account.

Þ     If your DepositAccount is closed, blocked or suspended for any reason, you will not be able totransact using your debit card (including at an ATM).

 

14f. Right to Receive Documentation ofElectronic Funds Transfers.

Þ     Statements. You will haveaccess to an electronic monthly statement that can be viewed on the Website.

Þ     Direct Depositsor Automated Credits.If you have arranged to have direct deposits made to your Deposit Account atleast once every sixty (60) days from the same person or company, call 1-888-656-3823tofind out if the deposit has been made.

 

14g. Right to Stop Payment ofPreauthorized Transfers. If you have told us in advance to make regularpayment out of your Deposit Account, you can stop any of these payments. Here’show:

 

Þ     To stop arecurring ACH transfer to a merchant you preauthorized to debit your Deposit Account,please contact the merchant to request cancellation of the recurring payment.

 

Þ     If the merchantwith whom you arranged recurring ACH transfers from your Deposit Account isunable or unwilling to stop the transfer, call customer support at 1-888-656-3823or email support@kaped.io to request astop on such payment. Your request to stop payment must be received at leastthree (3) business days before the payment is scheduled to be made. Such a stoppayment request will cancel a single, i.e. one (1) recurring payment. If youwant to permanently stop all recurring payments to a specific merchant, you maybe required to put your request in writing and email it to support@kaped.iowithin fourteen (14) days after you call. If we ask you to put your request inwriting, you will need to tell us; the name of the payee, the dollar amount ofthe payment and the date of the payment. If written stop payment notificationis required but is not received within fourteen (14) days, only the firstpayment you notified us of will be stopped, and future payments will not bestopped.

 

 

14h. Liability for Failure to StopPayment of Preauthorized Transfer. If you order us to stop apreauthorized payment three (3) business days or more before the transfer isscheduled, and we do not do so, we will be liable for your losses or damages.

 

Your Liability for UnauthorizedTransfers.Contact us at once if you believe your Debit Card, PIN or Deposit Accountnumber has been stolen. Telephoning is the best way to minimize your possiblelosses. If your Debit Card, PIN or Deposit Account number has been lost orstolen, or that someone has transferred or may transfer money from your DepositAccount without your permission, call customer support at 1-888-656-3823. Under VisaU.S.A. Inc. Operating Regulations, your liability for unauthorized Visa debittransactions on your Deposit Account is $0.00 if you are not grossly negligentor fraudulent in the handling of your Debit Card. This reduced liability doesnot apply to certain commercial card transactions, transactions not processedby Visa or to ATM transactions outside the U.S. You must notify us immediatelyof any unauthorized use. If the Visa Zero Liability Rules do not apply, if younotify us within two (2) business days after you learn of any unauthorizedtransactions, you may be liable for no more than $50.00 if someone used yourDeposit Account without your permission. If you do not notify us within two (2)business days after you learn of the loss or theft of your Debit Card, DepositAccount number or PIN and we can prove that we could have stopped someone fromusing your Deposit Account without your permission if you had promptly notifiedus, you may be liable for as much as $500.00.

 

If you become aware of and/or yourstatement shows transactions that you did not make, notify us at once followingthe procedures stated in the section labeled “Information About Your Right toDispute Errors“. If you do not notify us within sixty (60) days after youbecome aware of the transaction(s) and/or the statement was made available toyou, you may not get back any of the value you lost after the sixty (60) daysif we can prove that we could have stopped someone from taking value if you hadnotified us in time. If a good reason (such as a long trip or a hospital stay)kept you from telling us, we will extend the time periods. If your Debit Card,PIN or Deposit Account number has been lost or stolen, we will close your DebitCard and/or Deposit Account to keep losses down and send you a replacementDebit Card and/or Deposit Account number.

 

If your Deposit Account changes youmust immediately notify your employer or any other payors or merchants. Youmust provide them with your new Deposit Account number to ensure that yourdirect deposit and/or ACH Debit activity continues uninterrupted.

 

 

14i. Confidentiality. We maydisclose information to third parties about your Deposit Account, Debit Card orthe transactions you make:

 

Þ     Where it isnecessary for completing transactions;

Þ     In order toverify the existence and condition of your Deposit Account or Debit Card for athird party, such as a merchant;

Þ     In order tocomply with government agency, court order, or other legal or administrativereporting requirements;

Þ     If you consentby giving us your written permission;

Þ     To ouremployees, auditors, affiliates, service providers, or attorneys as needed;

Þ     As noted in thePrivacy Policy and Bank Partner’s Privacy Notice(s); or

Þ     As otherwise asnecessary to fulfill our obligations under this agreement.

 

14j.Information About Your Right toDispute Errors.In case of errors or questions about your electronic transactions, callcustomer support at 1-888-656-3823 or email us at support@kaped.io as soon as youcan, if you think your statement or receipt is wrong or if you need moreinformation about a transaction listed in the statement or receipt. We musthear from you no later than sixty (60) days after we sent the FIRST statementon which the problem or error appeared.

 

Þ     Tell us yourname, Deposit Account number and/or 16-digit Debit Card number.

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

Þ     Tell us thedollar amount of the suspected error.

 

If you provide this information orally,we may require that you send your complaint or question in writing within ten(10) business days.

 

We will determine whether an erroroccurred within ten (10) business days after we hear from you and will correctany error promptly. If we need more time, however, we may take up to forty-five(45) days to investigate your complaint or question. If we decide to do this,we will credit your Deposit Account within ten (10) business days for the amountyou think is in error, so that you will have use of the money during the timeit takes to complete the investigation. If we ask you to put your complaint orquestion in writing and you do not provide it within ten (10) business days, wemay not credit your Deposit Account.

 

For errors involving new DepositAccounts; transactions with a merchant’s POS terminal, whether in-person,online, by telephone, mail, or otherwise; or foreign-initiated transactions, wemay take up to ninety (90) days to investigate your complaint or question. Fornew Deposit Accounts, we may take up to twenty (20) business days to credityour Deposit Account for the amount you think is in error. For errors involvingunauthorized preauthorized debits (“ACH”), we will ask you to complete and signan “Affidavit of Unauthorized ACH” and return it to us to assist in ourinvestigation.

 

We will send you the results withinthree (3) business days after completing the investigation. If we decide thatthere was no error, we will send you a written explanation. Copies of thedocumentation used in the investigation may be obtained by contacting us at thephone number or address shown below.

 

15.  ENGLISHLANGUAGE CONTROLS

 

15a. Any translation of this Agreementis provided for your convenience. The meaning of the terms, conditions andrepresentations herein are subject to definitions and interpretations in theEnglish language. Any translation provided may not accurately represent theinformation in the original English.

 

 

16.  GENERAL

 

16a. Severability. If anarbitrator or a court of competent jurisdiction finds any provision of theseTerms to be invalid, the parties agree that the court should endeavor to giveeffect, to the maximum extent permitted by law, to the parties’ intentions asreflected in the provision, and the other provisions of these Terms will remainin full force and effect.

 

16b. No Waiver. Except asexpressly set forth in these Terms, (i) no failure or delay by you or KAPEDinexercising any rights, powers, or remedies under will operate as a waiver ofthat or any other right, power, or remedy, and (ii) no waiver or modificationof any term of these Terms will be effective unless in writing and signed bythe party against whom the waiver or modification is sought to be enforced.

 

QUESTIONS

Ifyou have questions about these Terms or the Privacy Policy, please contact usby email at support@kaped.io, bymail at 571 W La Habra Blvd, La Habra CA 90631, or customer support number1-888-656-3823.