Branch Essential Card

This Branch Essential Card Addendum (“Addendum”), amends and supplements the Consumer Cardholder Agreement and governs your (“you”, “your”, or “Branch Essential User”) access and use of your  Branch Essential Account (“Account”), powered by Branch Messenger, Inc., a Delaware corporation (“Branch”, the “Company”, “our”, “us”, or “we”). Your Account includes a bank account offered by Evolve Bank & Trust, Member FDIC (“Bank”) and a Branch Essential Debit card (the “Branch Card”) , which is connected to your Account. 

THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION PROVISION. SEE SECTION 10 BELOW.

1. Acceptance of Terms and Conditions, Amendments, Disclosures.

1.1 Acceptance of Terms and Conditions.  Please read this Addendum very carefully and let us know if you have any questions. By accessing and using the Account, you agree that you have read, understood, and accept the terms set forth in this Addendum. If you do not agree with any of the terms herein, do not use the Account. In addition, you may only use the Account for its intended purpose and solely in accordance with this Addendum. Branch is not responsible for links to other websites or third-party resources that may be contained on the Website. This Addendum will remain applicable even if you are presented with, and agree to, other terms from third parties in connection with ancillary services accessed through the Branch App or the Account which may conflict with the terms herein. 

1.2 Amendments. Branch may amend this Addendum at any time, with notice if required by law.  Your continued use of the Account after the posting of amended versions of this Addendum constitutes your acceptance of such amended versions.

1.3 Disclosures. You agree to Branch’s Electronic Communications Consent located at https://www.branchapp.com/legal/comm.  We may provide disclosures and notices required by law and other information about your use of the Account to you electronically,  through the Branch App, by posting it on our website or by emailing it to the email address you’ve provided to us.  Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. 

1.4 Relation to Other Agreements.  This Addendum is in addition to and in limitation of the Branch Terms of Service located at https://www.branchapp.com/legal/terms, the Consumer Cardholder Agreement located at https://www.branchapp.com/legal/card, and the Consumer Deposit Agreement located at https://www.branchapp.com/legal/deposit. Where this Addendum is silent, the above listed agreements shall govern.  In the event of a conflict between this Addendum and the above listed agreements, this Addendum shall govern.

2. Branch Essential Account. The Branch Essential Account is connected to your Branch App.  The Account has more limited features than the Branch Premier Account. 

2.1 Account Features and Limitations.

2.1.1 The Account shall be the same as the Branch Premier Account, except as follows:

2.1.1.1 The Account can only receive funds from your employer and cannot be loaded with funds from any other source or through any other method, including, but not limited to ACH transfer, debit card transfer, check deposit, or cash deposit.

2.1.1.2 The Account cannot be used to transfer funds out, including, but not limited to, through ACH and debit transfers.

2.1.1.3 The Account does not include any credit features.

2.1.1.4 You do not have visibility to the account and routing numbers of the underlying bank account at Bank.

2.2 Eligibility. In order to use the Account, an employer, or other entity that owes you money (each, a “Payor”) must have opted to make the Account available as a way of making payment to you. To qualify for the Account, you must be 16 years of age or older.

2.3 Upgrading to Premier. You may apply to upgrade to Premier at any time provided you  satisfy the Know Your Customer verification requirements in the Branch App.

2.4 Fees, Cash Load Limits, and Transaction Limits.  Please see Exhibit 1: “Fee Schedule” for listing of all fees and transaction limits applicable to your Account.

3. Branch Essential User Representations and Agreements

3.1 Suspicious Activity. If we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Addendum related to your use of the Account, we may take appropriate steps to stop or prevent such activity and, if necessary, to recover any amount(s) we suspect have been improperly disbursed. Branch may deny access to the Account if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Account.

3.2 Accurate Information. You must provide true, accurate, current, and complete information. If you provide any information to us that is untrue or inaccurate, or if we have reason to suspect that such information is untrue or inaccurate, Branch has the right to suspend or terminate our relationship with you and your use of the Account.

3.3 Communication with Branch. In your use of the Account or in your communications with Branch or Branch employees, you are prohibited from posting, transmitting or sharing any content or material that is, or may be reasonable considered to be, offensive, unlawful, threatening, obscene, hateful, racially offensive, homophobic, profane, showing religious bias, sexual in nature, illegal or intimidating in any way. Any such behavior will result in a termination of the Account and if the behavior rises to a criminal or civil offense, or violates any law, Branch will fully cooperate with law enforcement to address the violation.

3.4 Security. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.  You are solely responsible for safeguarding your password and for restricting access to the Account from your compatible mobile devices, computers, or other access devices. You must immediately notify us of any unauthorized use of your information or any other breach of security relating to your use of the Account.

4. Limitation of Liability. THE ACCOUNT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Your access and use of the Account may be interrupted from time to time for any of several reasons, including the malfunctioning of equipment, periodic updating, maintenance or repair of the Account, or other actions that Branch, in its sole discretion, may elect to take. In no event will Branch be liable to any party for any loss, cost, or damage that results from any period of downtime of the Account.

FURTHER, IN NO EVENT SHALL BRANCH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE PRODUCTS OR YOUR USE OF THE WEBSITE OR ACCOUNT, EVEN IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRANCH'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO BRANCH FOR USE OF THE WEBSITE OR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

5. Modifications. This Addendum may be modified by Branch at any time by updating and posting a new version on the Website or by otherwise notifying you of the revised Addendum. By using the Account you agree to be bound by the terms and conditions of the version of this Addendum that is in force during such use.

6. Termination.

6.1 Termination by Branch. Branch may at any time, without notice or cause, suspend or terminate your access to and use of the Account or the Branch App, in accordance with applicable regulatory requirements.  

6.2 Termination by Essential User. You may terminate your use of the Account by ceasing to use the Account, turning off payments through the Branch App platform, and/or contacting Branch at the methods listed in Section 10 of this Addendum.

6.3 Termination by Payor. A Payor may terminate your access to the Account by choosing, in their sole discretion and without notice to you, to not offer payment through Branch.

7. Class Action Waiver and Binding Arbitration. Any “Claim” (as defined in the Cardholder Agreement) shall be resolved, upon election by you or us, by arbitration pursuant to the procedures outlined in the  “Arbitration Provision”  in Article XIX of the Cardholder Agreement and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. 

8. Branch Contact Information.

Contact Branch at the following:

Phone: 1 (866) 547-2413

Email: support@branchapp.com

Mail: 2261 Market Street STE 5936, San Francisco, CA 94114

9. CALIFORNIA RESIDENTS: The services and procedures relating to the Account are fully described in your Cardholder Agreement and in this Addendum.  The Account is an alternative method for payment of your wages.  Your participation in this program is optional.

10. CONNECTICUT RESIDENTS: Payment of wages, salary, or other compensation by means of the Account is voluntary and you may instead choose to receive payment by either direct deposit or by negotiable check.  The terms and conditions relating to the Account are fully described in your Cardholder Agreement and this Addendum.  Please see Exhibit 1: “Fee Schedule” for listing of all fees and transaction limits applicable to your Account.  You can access your full wages, salary, or other compensation in lawful money of the United States without any transaction fee for such access once per pay period by visiting a depository financial institution in your area and presenting your Branch Card.  You can also access your wages, salary, or other compensation without cost by the following methods: (a) Branch App and Branch Card; and (b) automatic teller machine in the AllPoint Network for the first eight ATM transactions per month.  You may check your Account balance without cost at any time through the Branch App or by contacting Branch at the phone number listed in Section 10.  Third parties may assess additional fees.

11. MICHIGAN RESIDENTS: The terms and conditions relating to the Account are fully described in your Cardholder Agreement and in this Addendum.  Please see Exhibit 1: “Fee Schedule” for listing of all fees and transaction limits applicable to your Account. If your Branch Card  is used outside of the AllPoint network of automatic teller machines, both Branch and the operator of the automatic teller machine may impose charges.  You can obtain a free balance inquiry at any time through the Branch App.  You can access your wages without charge by the following methods: (a) Branch App and Branch Card; and (b) automatic teller machine in the AllPoint Network for the first eight ATM transactions per month.

12. MINNESOTA RESIDENTS: The terms and conditions relating to the Account is fully described in your Cardholder Agreement and in this Addendum.  Please see Exhibit 1: “Fee Schedule” for listing of all fees and transaction limits applicable to your Account.  Third parties may assess transaction fees in addition to the fees assessed by the Branch.  You are entitled to receive your wages by check, direct deposit, or through the Account.

13. NEW YORK RESIDENTS: You are entitled to receive your wages by check, direct deposit, or on a Branch Card.  Your employer may not require you to accept wages through the Account or by direct deposit.  You may not be charged any fees for services that are necessary for you to access your wages in full.  You may review your balance at any time at no charge through the Branch App.  If you elect the option of receiving payment via the Account, you can access and withdraw your wages at no charge once per pay period by visiting a depository financial institution in your area and presenting your Branch Card.

14. TEXAS RESIDENTS: Your employer has adopted the Account.  Please see Exhibit 1: “Fee Schedule” for listing of all fees and transaction limits applicable to your Account. Your employer will provide you with a form you use to request an alternate form of payment if you elect to opt out of the payroll card account plan.

EXHIBIT 1: FEE SCHEDULE, CASH LOAD LIMITS, TRANSACTION LIMITS

FEES

ATM Fee (In-Network) for first 8 transactions per month: $0

ATM Fee (In-Network) transactions 9 or more per month: $2

ATM Fee (Out-of-Network): $2 (Fees assessed by third party ATM may apply)

The types of fees and amounts are subject to change at any time without notice to you, unless required by law.

CASH LOAD LIMITS

Cash Load is not available for Essential.

TRANSACTION LIMITS

Per Day Max Spend: $2,500

Per Month Max Spend: $10,000

Max Balance: $10,000

Per Transaction Max ATM Withdrawal: $400

Per Day Max ATM Withdrawal: $400

Per Month Max ATM Withdrawals: $3,000

Per Transaction Max Cash Back: $400

Per Day Max Cash Back: $400

Per Month Max Cash Back: $3000