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Overview
Evolve
Consumers
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Branch Direct Terms of Service
THESE TERMS DESCRIBE YOUR RIGHTS AND OBLIGATIONS WHEN USING BRANCH DIRECT. PLEASE READ THE TERMS CAREFULLY BEFORE USING BRANCH DIRECT.
Branch Direct is a Service that lets you receive eligible payments such as tips, mileage, reimbursements, and On Demand Pay into a bank account you hold outside of Branch. The following terms and conditions (the “Branch Direct Terms” or the “Terms”) govern your access to and use of Branch Direct and the Branch Direct website. All defined terms used but not defined in this Agreement have the meanings set forth in the Terms of Service Agreement (the “TOS Agreement”).
THIS AGREEMENT INCORPORATES BY REFERENCE THE BINDING ARBITRATION AGREEMENT IN SECTION 15 OF THE TOS AGREEMENT (THE “ARBITRATION AGREEMENT”).
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS OF FIRST BECOMING SUBJECT TO IT, ALL DISPUTES REGARDING THESE BRANCH DIRECT TERMS AND/OR BRANCH DIRECT WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION PURSUANT TO THE ARBITRATION AGREEMENT. THE KEY FEATURES OF THE ARBITRATION AGREEMENT INCLUDE:
- MANDATORY BINDING ARBITRATION: WITH LIMITED EXCEPTIONS, ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY NATIONAL ARBITRATION & MEDIATION (“NAM”) RATHER THAN IN COURT.
- INFORMAL DISPUTE RESOLUTION FIRST: BEFORE INITIATING ARBITRATION, YOU AND BRANCH MUST FIRST ATTEMPT TO RESOLVE ANY DISPUTE THROUGH GOOD FAITH INFORMAL EFFORTS.
- JURY TRIAL WAIVER: YOU AND BRANCH WAIVE ANY RIGHT TO HAVE ANY DISPUTE HEARD BEFORE A JUDGE OR JURY IN COURT.
- CLASS ACTION AND COLLECTIVE ACTION WAIVER: ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. CLASS, REPRESENTATIVE AND COLLECTIVE ACTIONS ARE NOT PERMITTED. PLEASE NOTE, HOWEVER, THAT THE ARBITRATION AGREEMENT DOES PROVIDE THE POTENTIAL FOR BATCH ARBITRATION.
- MILITARY LENDING ACT EXEMPTION: IF YOU ARE A “COVERED MEMBER,” OR DEPENDENT OF A COVERED MEMBER, AS DEFINED BY THE MILITARY LENDING ACT, THE ARBITRATION AGREEMENT DOES NOT APPLY TO YOU.
PLEASE REFER TO THE BRANCH ARBITRATION AGREEMENT FOR FULL DETAILS.
- INTRODUCTION TO BRANCH DIRECT. Branch Direct is offered through Branch’s partnerships with your workplace or other companies associated with it, such as mobile application platforms (each, a “Workplace”). Through Branch Direct, you can have money deposited directly into a bank account you hold outside of Branch or, where applicable, into your Branch Wallet (your “Bank Account”), using a debit card linked to that Bank Account (your “Linked Card”). The amounts you receive through Branch Direct are your “Payouts.” Payouts come in two kinds: Disbursements, which your Workplace already owes you, such as wages, tips, mileage, and reimbursements; and Advances, which you can receive before you would otherwise be paid, and which Branch later recovers. Branch Direct is accessible via web browser at the Branch Direct website, and in some cases, within a third-party mobile application associated with your Workplace (together, the “Branch Direct Website”).
- BRANCH IS A TECHNOLOGY SERVICE PROVIDER. Branch is not a bank. Banking services to facilitate Payouts via Branch Direct are provided by Evolve Bank & Trust, Member FDIC, or Lead Bank, Member FDIC (as applicable, the “Sponsor Bank”).
- USING BRANCH DIRECT TO RECEIVE PAYOUTS. Depending on the Services your Workplace makes available, you can use Branch Direct to receive any of the following Payouts. In each case, Branch delivers the funds to your Bank Account using your Linked Card.
- Disbursements: If your Workplace uses Branch Direct to send you amounts it already owes you, you receive those as Disbursements. You have no obligation to repay a Disbursement. Disbursements are subject to a fee, as described in Section 7. In most cases, once you have chosen to receive your Disbursements via Branch Direct, each subsequent Disbursement will be sent automatically to your Bank Account. A limited number of Workplaces provide for you to confirm each Disbursement before it is sent.
- Advances: If your Workplace uses Branch Direct to make either of the following features available, you can receive an Advance:
- On Demand Pay: Under Branch’s On Demand Pay Program, you can have an Advance equal to a percentage of your earned but unpaid wages delivered to your Bank Account before your next regularly scheduled payday. You can choose standard delivery at no cost or instant delivery for a fee, as described in Section 7. Branch recovers your Advance from your Workplace, which deducts the Advance amount, plus any applicable fee, from your pay. Your use of On Demand Pay is governed by the On Demand Pay Terms of Service (the “ODP Terms”).
- Direct On Demand Pay: Under Branch’s Direct On Demand Pay Program, you can have an Advance equal to a percentage of your earned but unpaid income delivered to your Bank Account before your next regularly scheduled direct deposit. You can choose standard delivery at no cost or instant delivery for a fee, as described in Section 7. Unlike On Demand Pay, Branch recovers this Advance from your Bank Account by debiting your Linked Card on a scheduled repayment date for the amount of the Advance, plus any applicable fee. Your use of Direct On Demand Pay is governed by the Direct to Consumer On Demand Pay Terms of Service (the “Direct ODP Terms”), which describe your rights regarding repayment, including your right to cancel a scheduled repayment.
- On Demand Pay: Under Branch’s On Demand Pay Program, you can have an Advance equal to a percentage of your earned but unpaid wages delivered to your Bank Account before your next regularly scheduled payday. You can choose standard delivery at no cost or instant delivery for a fee, as described in Section 7. Branch recovers your Advance from your Workplace, which deducts the Advance amount, plus any applicable fee, from your pay. Your use of On Demand Pay is governed by the On Demand Pay Terms of Service (the “ODP Terms”).
- Disbursements: If your Workplace uses Branch Direct to send you amounts it already owes you, you receive those as Disbursements. You have no obligation to repay a Disbursement. Disbursements are subject to a fee, as described in Section 7. In most cases, once you have chosen to receive your Disbursements via Branch Direct, each subsequent Disbursement will be sent automatically to your Bank Account. A limited number of Workplaces provide for you to confirm each Disbursement before it is sent.
- ACCEPTANCE OF TERMS AND CONDITIONS. You agree that you have read, understood, and agree to be bound not only by these Branch Direct Terms, but also by the terms and conditions of the following documents, each of which is incorporated herein by reference, and each of which you must agree to when you first enroll in any Branch Service:
- TOS Agreement;
- Branch Electronic Communication Consent (“ECC”); and
- Branch Privacy Policy (“Privacy Policy”).
- TOS Agreement;
- CHANGES TO THESE BRANCH DIRECT TERMS. We encourage you to review these Branch Direct Terms periodically. Branch reserves the right to update these Branch Direct Terms at any time. If we make material changes, we will notify you by posting the updated Branch Direct Terms at branchapp.com/legal/direct, and, where required by law, by email, text message, or other required method. Unless otherwise specified, all changes take effect upon posting. We will provide notice and an opportunity to opt out of any changes to the Arbitration Agreement, even if not required by law.
- Your Acceptance of Changes. Your continued use of Branch Direct after the effective date of any update constitutes your acceptance of the updated Branch Direct Terms. If you do not agree to an update, notify Branch by email at support@branchapp.com within fourteen (14) days of receiving notice of the change and we will terminate your enrollment in Branch Direct.
- Branch’s Right to Terminate or Suspend. Branch may, in its sole discretion, terminate, suspend, or modify these Terms at any time, subject to applicable law. Branch will endeavor to provide reasonable notice where practicable but is not obligated to do so and shall have no liability arising from such actions.
- Your Acceptance of Changes. Your continued use of Branch Direct after the effective date of any update constitutes your acceptance of the updated Branch Direct Terms. If you do not agree to an update, notify Branch by email at support@branchapp.com within fourteen (14) days of receiving notice of the change and we will terminate your enrollment in Branch Direct.
- ELIGIBILITY AND ENROLLMENT
- Workplace Participation. Your Workplace must have elected to make Branch Direct available as a way of delivering Payouts to you.
- Bank Account. To use Branch Direct, your Bank Account must be a checking, savings, or other deposit account in your name at a U.S.-based financial institution that accepts electronic deposits and from which funds can be electronically withdrawn or debited.
- Linked Card. You must connect a Linked Card before you can receive a Payout through Branch Direct.
- Identity Verification. You authorize Branch to make any inquiries it considers necessary to verify your identity. We may ask for information such as your name, address, date of birth, and Social Security number or Individual Taxpayer Identification Number (“ITIN”). We may also ask to see your driver’s license or other government-issued identification. If you do not provide this information upon our request, or we cannot verify your identity, we may refuse to enroll you in Branch Direct.
To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions and their third parties to obtain, verify, and record information that identifies each person who uses their services. What this means for you: when you verify your identity, we may ask for the information described above and other information that will allow us to identify you.
- Additional Requirements. You must also meet the eligibility requirements set forth in the TOS Agreement, including its age and U.S. residency requirements. If you use Branch Direct to receive On Demand Pay or Direct On Demand Pay, you must also meet the eligibility requirements set forth in the applicable ODP Terms or Direct ODP Terms. Branch Direct may not be offered or available in all U.S. jurisdictions.
- Changes to Your Personal Information. You agree to promptly notify Branch of changes to your address, email address, and other personal information provided at the time of enrollment in Branch Direct.
- Workplace Participation. Your Workplace must have elected to make Branch Direct available as a way of delivering Payouts to you.
- FEES
- Fee Disclosures. Fees for Branch Direct are set with your Workplace and disclosed on the Branch Direct Website. The amount of any fees, and when those fees are disclosed to you, depends on the type of Payout.
- Disbursements. A fee applies to every Disbursement you receive through Branch Direct. That fee is made up of a fee charged by Branch and, where your Workplace charges one, a fee charged by your Workplace. The fee is disclosed once, before you select Branch Direct as your delivery method, and is deducted from each Disbursement after that without being disclosed again.
- On Demand Pay. Standard delivery is free; instant delivery carries a fee, which is set out in the ODP Terms. The fee is disclosed before you confirm each Advance for which you have selected instant delivery, and you are always shown the no-fee standard option first.
- Direct On Demand Pay. Standard delivery is free; instant delivery carries a fee, which varies based on your Workplace. The fee is disclosed before you confirm each Advance for which you have selected instant delivery, and you are always shown the no-fee standard option first.
- Disbursements. A fee applies to every Disbursement you receive through Branch Direct. That fee is made up of a fee charged by Branch and, where your Workplace charges one, a fee charged by your Workplace. The fee is disclosed once, before you select Branch Direct as your delivery method, and is deducted from each Disbursement after that without being disclosed again.
- State Fee Limitations. Some states limit the fees that can be charged for taking an Advance. If you reside in one of those states, any fee limitations will be applied to the fee you are charged for selecting the instant delivery option for an Advance. Information about specific state fee limits can also be found in the ODP Terms and Direct ODP Terms.
Note: Your bank may charge additional fees for ATM transactions, cash withdrawals, or certain fund transfers into or out of your Bank Account.
- Fee Disclosures. Fees for Branch Direct are set with your Workplace and disclosed on the Branch Direct Website. The amount of any fees, and when those fees are disclosed to you, depends on the type of Payout.
- DELIVERY AND TIMING. When a Disbursement is sent, or you choose the instant delivery option for an Advance, funds are typically deposited within minutes, though in some cases, the deposit may take longer due to network or other issues. Actual deposit times and funds availability will vary based on the receiving institution’s capabilities and policies.
- TRANSACTION ERRORS
- Correcting Payment Errors. If we credit your Bank Account for a Payout you did not request, that was intended for another person, or that exceeds the amount to which you were entitled, you authorize Branch and its Sponsor Bank to correct the error, up to the amount of the error, by reversing the transaction, by debiting your Bank Account via your Linked Card, or by deducting the amount from future Payouts, at Branch’s sole discretion.
- Process for Reporting Errors. If you believe there has been an error made by Branch Direct, or you have questions about Branch Direct, you can contact the Branch Help Center. See Section 16. Please contact us as soon as you can if you think an incorrect amount was transferred to your Bank Account or another error has occurred. For us to investigate your claim, you will need to provide your name, email address, phone number, why you believe there was an error, the dollar amount involved, and approximately when the error took place. If you contact us by telephone, we may require that you send us your complaint or question in writing within ten (10) business days. In most cases, we will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.
- Correcting Payment Errors. If we credit your Bank Account for a Payout you did not request, that was intended for another person, or that exceeds the amount to which you were entitled, you authorize Branch and its Sponsor Bank to correct the error, up to the amount of the error, by reversing the transaction, by debiting your Bank Account via your Linked Card, or by deducting the amount from future Payouts, at Branch’s sole discretion.
- IF A PAYOUT DOESN’T GO THROUGH. In the event a Payout fails or arrives in the wrong amount because Branch did not follow instructions provided by you or your Workplace, we will correct the error.
We are not responsible if:
- A court order, garnishment, or other legal restriction prevents the Payout;
- You gave us incorrect Bank Account or Linked Card information; or
- The delivery of the Payout is delayed because of an event outside our control (e.g., a power, network, or payment-system outage, etc.), and we took reasonable care to prevent it and acted with the diligence the circumstances required.
- A court order, garnishment, or other legal restriction prevents the Payout;
- PRIVACY AND DATA SHARING. Branch’s Privacy Policy describes how we collect, use, and share your personal information. Branch Direct relies in part on information provided by your Workplace about your identity, employment, and earnings, as well as information you provide about your Bank Account and Linked Card. By using Branch Direct, you consent to your Workplace sharing your information with Branch, and to Branch sharing your information with its Sponsor Bank and Branch vendors and service providers to the extent necessary to facilitate Branch Direct and in accordance with the Privacy Policy.
- COMMUNICATIONS AND CONSENT. Communications between you and Branch relating to Branch Direct, including marketing communications and your right to opt out of them, are governed by the Communications and Consent section of the TOS Agreement and by the ECC, each of which applies to Branch Direct. As described in the ECC, you have consented to receive electronically all communications and disclosures relating to Branch Direct, including transaction and error-resolution notices. You are responsible for keeping the contact information associated with your use of Branch Direct current, as provided in Section 6.
- BRANCH DIRECT USER REPRESENTATIONS AND COVENANTS. Each time you use Branch Direct, you represent, warrant, and covenant to Branch that:
- Accurate Information. You have provided true, accurate, current, and complete information about your Bank Account and your Linked Card. You are the legal owner of your Bank Account and Linked Card and are authorized to provide us with all account information and other information necessary to facilitate your use of Branch Direct. If you provide information that is untrue or inaccurate, or if we have reason to suspect that it is untrue or inaccurate, Branch may suspend or terminate your access to Branch Direct.
- Authority. You have the right to authorize the delivery of Payouts to your Bank Account and, where applicable, the recovery of Advances as described in the applicable ODP Terms or Direct ODP Terms.
- Accurate Information. You have provided true, accurate, current, and complete information about your Bank Account and your Linked Card. You are the legal owner of your Bank Account and Linked Card and are authorized to provide us with all account information and other information necessary to facilitate your use of Branch Direct. If you provide information that is untrue or inaccurate, or if we have reason to suspect that it is untrue or inaccurate, Branch may suspend or terminate your access to Branch Direct.
- SUSPENSION OR TERMINATION OF ACCESS. Branch may suspend or terminate your access to Branch Direct, cancel a requested Payout, or take any other action we deem appropriate, if we reasonably believe:
- You have engaged in fraudulent, suspicious, or criminal activity in connection with Branch Direct;
- You have violated these Terms or any other agreement you have with Branch or, if applicable, its Sponsor Bank;
- You have provided untrue or inaccurate information or breached any representation, warranty, or covenant in these Terms; or
- Such action is necessary or advisable for legal or security reasons or to protect the Branch Direct Website or Branch Direct.
- You have engaged in fraudulent, suspicious, or criminal activity in connection with Branch Direct;
- INTERNATIONAL USE. Branch Direct is controlled and operated by Branch from within the United States. Branch Direct may not be available if accessed from outside the United States or if your Bank Account is at a financial institution located outside the United States.
- CONTACT BRANCH. If you have any questions, complaints, or claims about Branch Direct, you may direct them to Branch through our Help Center at support.branchapp.com/hc/en-us, or contact us at support@branchapp.com, (866) 547-2413, or at 3723 Greenville Ave STE 43694, Dallas, TX 75206.
- STATE-SPECIFIC DISCLOSURES AND FEATURES
- CALIFORNIA CONSUMERS. Branch is registered with the Department of Financial Protection and Innovation (the “DFPI”) under the CCFPL. Branch’s Registration Number with the DFPI is #04-CCFPL-2574503-3482187. The DFPI’s granting of a registration does not constitute a determination that a registrant’s acts, practices, or business model comply with any law or regulation. You may report complaints about us to the Correspondence Unit of the California Department of Consumer Affairs by writing to the Division of Programs and Policy Review, Consumer Information Center—Correspondence Unit, 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924, or by contacting them at www.dca.ca.gov or calling (800) 952-5210.
- NEVADA CONSUMERS. Branch is licensed as an Earned Wage Access Provider by the State of Nevada, Department of Business and Industry, Financial Institutions Division, under Chapter 604D of the Nevada Revised Statutes, License Number EWA00006.
The Nevada Financial Institutions Division maintains its license records through the Nationwide Multistate Licensing System and Registry. You may confirm Branch’s current Nevada license status at any time through NMLS Consumer Access, the license lookup service designated by the Division, at nmlsconsumeraccess.org/EntityDetails.aspx/COMPANY/2574503.
- SOUTH CAROLINA CONSUMERS. If you have any questions, complaints, or claims about Branch Direct, you may direct them to Branch through our Help Center at support.branchapp.com/hc/en-us, or contact us at support@branchapp.com, or at 3723 Greenville Ave STE 43694, Dallas, TX 75206. You may also report complaints about us to the South Carolina Department of Consumer Affairs at consumer.sc.gov/consumer-resources/consumer-complaints or by calling them at (800) 922-1594.
As agreed to and explained in further detail in the ECC, you consent to receive electronically all communications or disclosures related to Branch Direct as a condition to receiving the Branch Services. If you revoke your consent to receive such communications and disclosures electronically, you understand that we will immediately discontinue your access to Branch Direct.
- UTAH CONSUMERS. If you have any questions, complaints, or claims about Branch Direct, you may direct them to Branch through our Help Center at support.branchapp.com/hc/en-us, or contact us at support@branchapp.com, or at 3723 Greenville Ave STE 43694, Dallas, TX 75206. You may also report complaints about us to the Utah Division of Consumer Protection at services.commerce.utah.gov/dcp-complaint/.
- CALIFORNIA CONSUMERS. Branch is registered with the Department of Financial Protection and Innovation (the “DFPI”) under the CCFPL. Branch’s Registration Number with the DFPI is #04-CCFPL-2574503-3482187. The DFPI’s granting of a registration does not constitute a determination that a registrant’s acts, practices, or business model comply with any law or regulation. You may report complaints about us to the Correspondence Unit of the California Department of Consumer Affairs by writing to the Division of Programs and Policy Review, Consumer Information Center—Correspondence Unit, 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924, or by contacting them at www.dca.ca.gov or calling (800) 952-5210.