BoostUp Terms and Conditions of Use
Welcome to BoostUp™! These "Terms & Conditions of Use" are a legal contract between BoostUp, Inc. ("BoostUp", "us", "we" or "our") and you (referred to as "you", "your" or "user"), as user of the BoostUp software platform (the "Platform") to enable users to deposit funds from their traditional bank accounts or to round up purchases on qualifying credit cards and transfer the difference from your connected bank to an account within the Platform for purposes of funding qualifying purchases with our partners (the "Services"). Please let us know if you have any questions about this policy.
OUR VALUES AT BOOSTUP.
The mission of BoostUp is remove the anxiety from life’s biggest purchases. We provide the Platform to you under the terms detailed in the Agreement (as defined below) to clearly lay out your rights and obligations with respect to the Platform and Services, and our rights and obligations, as provider of the Platform and Services.
PRELIMINARY LEGAL TERMS.
- Age. You must be at least eighteen (18) years of age to enter into a contract with BoostUp. In no case are persons under the age of thirteen (13) years permitted to use the Platform. If you are under the age of eighteen (18), you must obtain the permission of a parent or guardian before creating an account or using the functionality of the Platform.
- "Signing" of Agreement. You "sign" and accept the Agreement by (a) creating an Account or (b) using the functionality of the Platform.
OUR SERVICES; ACCOUNT CREATION.
- BoostUp only serves to facilitate the custody of funds deposited through our Platform by you. BoostUp has chosen a participating bank ("Bank") to hold funds on your behalf in a pooled segregated bank account of BoostUp SPE I, LLC, a wholly-owned subsidiary of BoostUp. BoostUp may change the name, location or type of Bank from time to time in its sole discretion. BoostUp is required to comply with all banking policies or regulations related to the deposited funds imposed upon us by the Bank. ALL INTEREST EARNED SHALL BE THE SOLE PROPERTY OF BOOSTUP AND MAY BE WITHDRAWN BY BOOSTUP AT ANYTIME IN ITS SOLE DISCRETION. AT NO TIME SHALL THE WITHDRAWAL OF INTEREST RESULT IN YOUR ACCOUNT HAVING LESS THAN THE AMOUNT DEPOSITED.
- Content; Inputs. Using our Services requires your direct or indirect submission of certain information, data and inputs (collectively, the "Content") through the Platform. Because the Services and Platform are dependent on user inputs and Content, BoostUp bears no responsibility for the accuracy or timeliness of these processes and the results of your use of the Platform, including, but not limited to, any fees or charges assessed therefrom.
Creation of Your Account; Processing.
- You will need to create an account (an "Account") in order to access certain features of the Platform and to use the Services. You agree that you will (i) be the only person providing such information and engaging in transactions through the Account, (ii) keep your password secure, and (iii) notify BoostUp of any suspected breach of security or unauthorized use of your Account. If you wish to delete your Account, please contact BoostUp at Support@Boostup.com. You must notify us immediately upon becoming aware of material change in the information you have provided through the Platform to take advantage of the Services.
- We only offer personal accounts at this time. Business and/or group accounts are not permitted. Each user may only have one active Account at a time.
- The Content required by BoostUp in order for you to establish an Account includes your name, email address, date of birth, phone number, zip code and an Account password. If information is marked as optional, you are not required to provide it. All Account information you provide to BoostUp must be accurate and complete. Account information that is incorrect, incomplete, or misrepresented will constitute a breach of the Agreement.
- The phone number you provide may be used for verification purposes if you request assistance from the BoostUp team. You represent that you are the authorized user of the number provided in your Account.
- The email address you provide will be used for verification purposes upon Account creation. You represent that you are the only authorized user of the email address provided in your Account and you consent to the receipt of Email Alerts (as defined below).
- Your Account is not transferable or sublicensable to third parties. You obtain no ownership rights in the Services or Content by creating the Account. Instead, you are given a license to use our Platform according to the terms of the Agreement and our other policies.
- In the event you suspect that any qualifying bank account or credit card connected to your Account has been compromised as a result of impermissible or unauthorized use, you should immediately contact your bank or the card issuer, as applicable, and notify BoostUp of the suspected misuse of your Account.
- There is no minimum balance requirement in order to maintain an Account or a Spending Account. You will not be charged any fees for maintaining your Account, except as specifically set forth herein.
- Electronic Communications Methods. As part of the Platform, you may subscribe to receive certain alerts on your wireless device or other electronic equipment via push notification or by email ("Email Alerts") about Platform notifications, your Account, and other types of alerts. BoostUp may, among other things, send a push notification or an Email Alert in connection with certain events, including, but not limited to, (i) the addition or deletion of a partner or function on the Platform, or (ii) a Platform promotion or a promotion from a third party service provider.
- Email Alert Details. You must provide us with a valid email address for your Account. If you enable Email Alerts, the email address you provide will be set as your default email address to which you will automatically receive Email Alerts. An email address is always required to use the Platform and it should be maintained with an accurate address. You may adjust, add, or remove certain Email Alerts by unsubscribing using the link at the bottom of any Email Alert.
- Suspension of Account and Services. Use of the Services is a privilege and not a right. BoostUp may suspend or deactivate your Account or limit or disable access to our Platform and Services, as set forth in Section 10.
Content & Your Use.
- You are solely responsible for use of the Services and Platform through your Account. With respect to your use of the Platform, you represent and warrant:
- Your access to and use of the Platform in conjunction with any qualifying bank account, credit card is in accordance with the terms governing such account or card.
- Your access to and use of the Platform in conjunction with any qualifying bank account, credit card is appropriately authorized and you have the relevant permissions in order to connect such account or card to the Platform for use with the Services.
- No Content you contribute contains personally identifiable information about a child under the age of thirteen (13) years.
- No Content you contribute is another person’s personal information without his or her permission.
- Your use of the Platform does not result from or result in unlawful activities or a violation of applicable law or regulation.
- You may not engage in any activity, either on the Platform or outside of your use of the Platform and Services, that infringes on BoostUp’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
- You may not provide false, inaccurate or misleading information in connection with your use of the Platform or Services.
- You may not use the Platform or Services to send, receive or utilize any potentially fraudulent funds.
- You may not use an anonymous proxy when using the Platform.
- You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Platform without our prior written permission.
- You may not use the Services or Platform to receive payments for: (i) any sexually oriented or obscene materials or services, (ii) any illegal drugs, narcotics, other controlled substances, steroids or prescription drugs, (iii) wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity, or (iv) tobacco products.
- If you take any of the above actions or breach any of the terms of the Agreement, including the representations, warranties and covenants you make herein, we may immediately terminate or suspend your use of the Platform and Services in our sole discretion without notice. Further, fraudulent submissions through the Platform or Services could result in prosecution of you, as Account owner, under the United States Mail Fraud Statute (18 USC Sections 1341–1342). We may also:
- Hold your funds up to 180 days and/or taking legal action against you to recover losses we may reasonably incur from any such potential violation;
- Contact our partners, law enforcement or your bank or credit card issuer regarding your actions through or in connection with your use of the Platform; or
- Take other legal action against you.
- You are solely responsible for use of the Services and Platform through your Account. With respect to your use of the Platform, you represent and warrant:
License to Use Your Content; Release.
- You may terminate the license you have granted to BoostUp by removing or deleting (or writing to BoostUp to remove or delete) your Content. Copies of your Content may remain on Microsoft Azure servers until such time as the Content is overwritten or otherwise deleted.
- The contributors of content, including you with respect to your Content, retain ownership of their intellectual property rights of such content. Further, BoostUp retains ownership of its trademarks, copyrights and other intellectual property, as do BoostUp Clients and users. Nothing in the Agreement transfers ownership of such rights.
- Upon creation of your Account, you will be able to link a qualifying bank account for purposes of making periodic deposits into your Account’s spending account on the Platform (the "Spending Account"). When you link a bank account to the Platform, you agree that: (i) you have the appropriate authorization to link the bank account to the Spending Account, (ii) you have the appropriate permission to authorize a debit of funds from the applicable bank account, and (iii) your use of the Platform with a qualifying bank is in accordance with any bank policy or rule that governs your use of the bank or the applicable bank account. You covenant and agree that you will maintain adequate funds in the bank account in order to fund the debits to your Spending Account. The maximum deposit amount for any single transfer to a BoostUp Spending Account is $500.00.
- Any qualifying bank account that is linked to a Spending Account is subject to the qualifying bank’s policies and other rules, which may supersede the terms of the Agreement. Your bank may subject you to separate fees or other charges when debiting money from the qualifying bank account. BoostUp is not responsible for the payment of any fees or charges on your behalf and you agree to pay all fees and charges assessed by your bank related to your use of the Platform.
- A user cannot contribute to their own Spending Account with a credit card. In order to transfer funds to a Spending Account with a credit card, you must use the RoundUp functionality (below), which will round a transaction up to the next dollar and debit the difference from the checking account you have connected to your Spending Account.
Payment Review; Disputes.
- BoostUp, the Bank or any third party acting on their behalf and without notice may review potentially high-risk or suspicious transactions ("Payment Review"). If a payment is subject to Payment Review, BoostUp will place a hold on any funds that are subject to review and provide you with notice of the hold. If the hold is cleared and funds subject to the Payment Review are released, you will be notified and the funds will be made available in your Spending Account. If the Payment Review determines the payment may be in violation of applicable law or the Agreement, BoostUp, the Bank or the third party acting on their behalf is permitted to take any necessary or permitted legal action and the funds will not be made available to you in your Spending Account.
- Upon creation of your Account, you will be able to link one or more qualifying credit cards and bank accounts to your Account for purposes of rounding up certain qualifying purchases to the next dollar. The amount of the round up will be held until there has been $5.00 worth of rounded up funds and then the funds will be debited from your connected checking account and transferred into your Spending Account. When you link a credit card to the Platform, you agree that: (i) BoostUp is permitted to access to your credit card and related account data in order to round each purchase up to the next whole dollar for purposes of depositing the rounded up portion of each transaction into your Spending Account, (ii) you have the appropriate authorization to link the qualifying credit card to the Spending Account, (iii) you have the appropriate permission to authorize a transfer of funds to the Spending Account, and (iv) your use of the Platform with a qualifying credit card is in accordance with any policy or rule that governs your use of the credit card, including, but not limited to, those of any bank, card issuer or credit card processor.
Payments, Withdrawals & Closing your Account.
- This includes the use of funds for purchases from BoostUp partners. Your Account must be active for at least thirty (30) days before you can make a purchase from a BoostUp partner with the funds in your Spending Account.
- Only you may make withdrawals from or close your Account. You may make withdrawals or close your Account at any time. To close your Account, follow the instructions in the Account section of your Account page. Upon closing your Account, BoostUp must wait for all pending purchase transactions to clear before they can return your funds. That can take up to 7 days. Additionally, after redeemed, funds may take up to 3 business days to reach the BoostUp partner’s account once you have completed a redemption or purchase and BoostUp initiated the funds transfer.
- In connection with any withdrawal or closing of an Account, BoostUp has the right, but not the obligation, to verify the Account information needed to return the balance of your funds to you. BoostUp will only return funds to a user’s connected checking account.
- Dormant Accounts. If you do not log into your Account and do not have a qualifying contribution or other transaction for one (1) year, or such other time as may be determined in the sole discretion of BoostUp from time to time, you hereby authorize BoostUp to close the Account on your behalf. If BoostUp closes your Account, the funds will be remitted to you as set forth above unless applicable law requires the funds be handled in a different manner. BoostUp will comply with all applicable federal, state and local laws regarding any dormant account and such laws supersede these Terms and Conditions of Use. In the event a user dies, the balance in the Account shall be paid, upon proper legal direction, to the estate of the deceased user or as otherwise directed by applicable law.
- BoostUp offers various partners that a user may select in order to spend accrued funds in the user’s Spending Account. A user’s decision to use all or any part of the funds in their Spending Account and all dealings, rights and obligations as between a user and a BoostUp merchant partner are between you and such partner. BoostUp does not have any liability or responsibility regarding the conduct of any partner and any entity’s status as a partner is not an endorsement by us of their goods or services for any purpose whatsoever.
- Upon your sole direction, and verification from the BoostUp partner, the appropriate funds will be transferred by the Bank, at BoostUp’s direction to the partner or supported third-party via an ACH transfer. BoostUp funds cannot be electronically transferred to private parties for any purpose; all transfers from your Account must be back to your connected bank account or via a purchase to a qualifying BoostUp partner.
- Before you request the transfer of funds from your Spending Account, you must inquire if a business is willing to participate in the transaction using funds from BoostUp. You waive any claim against BoostUp for damages resulting from any refusal by a third party to accept payment from BoostUp and any related failure to consummate a transaction, which is subject to the third party’s approval in its sole discretion.
- If a BoostUp partner agrees to use BoostUp funds to complete a transaction, BoostUp will process your request for payment and transfer the funds to the third party BoostUp partner.
- Once funds are transferred from your Spending Account to a partner for a purchase, BoostUp is unable to cancel a transaction and/or recall funds. If you want funds returned, you are subject to the partner’s return policies, not the terms of the Agreement or any of the functions or features of the Platform. If the partner agrees to return funds, please email: Support@BoostUp.com for assistance coordinating the return.
- Splitting Funds; Taxes. You may only make one purchase with one qualifying BoostUp partner per qualifying transaction. You may not present a redemption certificate to any merchant and request a qualifying purchase for less than the full amount of the certificate. Any certificate you receive in order to redeem funds with a BoostUp partner may not be subdivided in any manner. It is your responsibility to determine, withhold and pay any and all taxes and applicable fees toward the purchase of any product or Service separately from your use of the Platform. BoostUp is not responsible for determining whether taxes or fees are due related to any of your activities on the Platform and, if due, paying or reporting such taxes or fees on your behalf.
- No License to Use Content Provided by Other Users. Unless expressly authorized by us in writing, you are not granted permission to copy, frame, embed, or otherwise disseminate aggregated or specific content that the Platform provides to you. Your use of the Platform is solely for your use in connection with your personal, bona fide savings and purchase transactions.
- BoostUp Intellectual Property. BoostUp and/or its licensors retain ownership of all intellectual property rights relating to BoostUp, the Platform, and the Services, including software, text, images, graphics, logos, user interface, videos, and other information displayed through the Platform or Services. You are authorized to use BoostUp materials only as expressly authorized at the point of interacting with such materials.
- Integrity of the Platform. You agree not to take any action to harm BoostUp or the Platform, interfere with operation of the Platform, access its underlying technology, copy its underlying technology, or copy Content. You agree not to use any automated system (including, but not limited to, crawlers, robots, bots, spiders, extractors, etc.) at the Platform; circumvent, disable or otherwise interfere with security-related features or digital rights management functions at the Platform; or hack, reverse engineer, or disable any technology at the Platform. You agree not to use the Platform or information gathered at the Platform for advertising purposes, or to send unsolicited communications. In your use of the Platform, including the input or access of Content, you agree to comply with all applicable laws, including, but not limited to, those laws related to the transfer of funds and applicable tax laws.
- Platform Monitoring. While we have the right to monitor activity and content associated with the Platform and our Services, we are not obligated to do so. Since we may not have the ability to control or actively monitor Content, we do not guarantee its accuracy, integrity or quality. In as much as community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Platform, you may be exposed to content that you find offensive or objectionable. You can contact us at Support@BoostUp.com to let us know about content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content, or terminating Accounts. However, because situations and interpretations vary, we also reserve the right to take no action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Platform.
- Third Parties. The Platform contains links to third party websites and applications that are not owned or controlled by BoostUp. BoostUp does not control the content, functionality, privacy policies, or practices of any third party websites or applications, so you agree to review the terms of service, including privacy policies, of such third parties. BoostUp is not responsible for your use or misuse of any third party applications or websites.
- Auto-Deposit Plans.
NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION.
- NO WARRANTY. THE PLATFORM AND SERVICES PROVIDED FOR "AS IS," WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability for Damages.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOOSTUP OR ANY OF THE BOOSTUP PARTNERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE AGREEMENT, ACTIVITY ON THE PLATFORM, INTERACTION WITH THE SERVICE ACTIONS REGARDING YOUR CONTENT, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT BOOSTUP OR ANY OTHER PERSON OR ENTITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- As used in this Section 25, (i) "BoostUp" includes BoostUp, its officers, managers, directors, employees, contractors, agents, stockholders, parent, subsidiaries, related business entities, successors, assigns, and clients; and (ii) BoostUp partners includes such partners’ officers, managers, directors, employees, contractors, agents, stockholders, parent, subsidiaries, related business entities, successors, assigns, and clients.
- BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF BOOSTUP AND/OR BOOSTUP PARTNERS AND THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, CLIENTS, AND SUPPLIERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU 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."
- You acknowledge that your Account with BoostUp and your use of the Platform and Services is based upon the truth of the promises, statements, and representations made by you in the Agreement. After agreeing to the terms of this Agreement (as detailed above), you indemnify, hold harmless, and agree to defend BoostUp and BoostUp partners against all damages, losses, judgments, penalties, expenses, costs, and fees (including reasonable attorneys’ fees) incurred by, or awarded or assessed against BoostUp and/or BoostUp partners in connection with any third party (including domestic or foreign governments or agencies) assertion inconsistent with your promises, statements, representations, and warranties. This obligation extends to BoostUp and BoostUp partners’ respective officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and clients. This obligation survives termination of the Agreement.
- In addition to the obligation of indemnification, above, you agree to use your best efforts to assist BoostUp and/or BoostUp partners in the investigation and resolution of any third party claim or assertion inconsistent with your representations and warranties. You agree to provide such assistance promptly upon receipt of notice from BoostUp and/or a BoostUp partner of such claim or assertion and at no charge.
Termination of Services; Termination of Agreement.
- In the exercise of its discretion, BoostUp may suspend or terminate the Account, remove or limit access to Content, or limit Services to which an Account holder has access. BoostUp may take such actions with or without prior notice to you and without liability to you.
- In the exercise of your discretion, you may terminate your Account, cease using the Services or the Platform or delete Account information. You may take such actions at any time with or without prior notice to BoostUp and without any liability for such cancellation to BoostUp. If you notify BoostUp of your termination of your Account, BoostUp shall take reasonable steps to block access to and delete your Content. This is your sole remedy in the event you are dissatisfied with BoostUp or the Services or disagree with these Terms & Conditions of Use.
- The terms of Sections 19 to 26 shall survive termination of the Agreement or any Service.
GENERAL LEGAL TERMS.
- The Platform and Services are Located in and Delivered from Michigan. The Agreement is executed (signed) and performed in Detroit, Michigan. You acknowledge that the Platform is made available from and is based in, and the Services are provided from, Detroit, Michigan, USA. The Platform shall be deemed a passive website that does not give rise to personal jurisdiction over BoostUp, either specific or general, in jurisdictions other than Michigan. You agree that the Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. You further agree that any claim or dispute between you and BoostUp that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Wayne Court, Michigan.
- No Implied Waiver. No waiver by BoostUp shall be implied. Any waiver of any term of the Agreement must be in writing and signed by an officer of BoostUp.
- Severability. If any portion of the Agreement is found to be unenforceable, including as to applicability to minors, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable. The remaining provisions of the Agreement will remain in full force and effect. To the extent the Agreement must be terminated in its entirety, you will receive a transfer of the balance in your Spending Account to your connected bank account.
- Statute of Limitations. Any litigation or other dispute resolution arising out of or related to the Agreement must be commenced within one (1) years after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
- International Considerations. BoostUp makes no representations that the Platform or Services are appropriate or available for use in locations other than the United States. Those who access or use the Platform or use the Services from outside the United States do so at their own volition and are responsible for compliance with applicable laws.
- Force Majeure. It shall not be a material breach of the Agreement, and neither party shall be liable to the other, if prevented from performing its duties or responsibilities under the Agreement by reason of any fire or other casualty, acts of God, earthquake, floods, explosions, interrupted power supply, attacks on technology infrastructure, sabotage, war, riots, acts of terrorism; inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market; strikes, court orders, laws, regulations, or orders of government or military authorities; or any other cause not within the control of such party whose performance is delayed.
- Assignment. BoostUp may assign, subcontract, delegate, and transfer its rights and obligations under the Agreement to a third party. You may not assign or transfer your Account.
- Notices. The Services are offered by BoostUp, Inc., located at 1555 Broadway Street 3rd floor, Detroit, MI 48226 and email: Support@Boostup.com. BoostUp may provide you with notices, including those regarding changes to BoostUp’s Terms & Conditions of Use, by email, first class mail, or postings to the Platform. Notice is deemed given upon the earlier of (i) actual receipt, (ii) twenty-four (24) hours after an email is sent, (iii) three (3) days after first class mail is deposited with the United States Postal Service, or (iv) thirty (30) days after a notice is posted to the Platform.
- Entire Agreement. The Agreement (including the documents referenced in Section 1, above) is the entire agreement between you and BoostUp relating to the stated subject matter. It can be modified by the parties in a writing signed by both parties, or by a change to these terms as expressly set forth in the Agreement.
- Nature of Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Agreement. The Agreement does not create any right that may be enforced by a third party.
- California Users and Residents. By the terms of California Civil Code Section 1789.3, any and all comments, questions or concerns can be addressed and sent to us via certified mail to: Agent of BoostUp, 1555 Broadway Street 3rd floor, Detroit, MI 48226. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA.