You must activate your Dave Card by following the instructions that come with the Dave Card before it can be used; this includes setting a Personal Identification Number (“PIN”). We may release any other person obligated under this Agreement without affecting your responsibilities under this Agreement. This means that when you open a Dave Spending Account, we will ask for your name, street address, Social Security Number or Tax Identification Number, date of birth and other information that will allow us to identify you. When any theft or unauthorized use of an account by a person to whom the account has been entrusted has been committed. Mastercard ID Theft Protection (IDT) provides you with access to a number of Identity Theft resolution services, should you believe you are a victim of Identity Theft. In the event that any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. Send a Check payments are processed each business day by 6:00AM Pacific Time. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. All types of stored data or music (including, but not limited to, computer software, DVDs, video cassettes, CDs, audio cassettes). It is also the platform for cardholders to respond to identity monitoring alerts. For additional information, or for country-specific, toll-free telephone numbers not listed above, visit our website at, When in the United States, contact your card issuer directly for account information and. If there were no transactions on your Dave Spending Account, we will provide you statements at least quarterly. If we receive a claim against the funds in your Dave Spending Account, or if we know of or believe that there is a dispute as to the ownership or control of funds in your Dave Spending Account, we may, in our discretion: (1) place a hold on your Dave Spending Account and refuse to pay out any funds until we are satisfied that the dispute is settled; (2) close your Dave Spending Account and send the balance to the named account holder; (3) require a court order to act; or (4) take any other action we feel is necessary to protect us. If you need to replace your Dave Card for any reason, please contact us through the chat feature in the Mobile App Monday through Saturday between 6:00AM Pacific Time and 6:00PM Pacific time; outside of these hours you can email Dave at. For general questions regarding these services, please contact. You agree that before filing any claim in arbitration, you will first submit your claim to us by sending an email to, Any claim must be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision 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. The rules of the American Arbitration Association (. ) Cardholders are given the option to sign limited power of attorney (LPOA) to the specialist, to allow them to conduct resolution activities on the cardholders’ behalf, including contacting police, credit agencies, and other authorities, translating information, and closing and replacing breached accounts. The full amount of the payment will be credited to your Dave Spending Account within one business day. The services include: Online Monitoring Dashboard (requires activation): The online monitoring dashboard is the primary user interface for cardholders. If we take any action to collect debt incurred by you or other amounts you owe us under this Agreement or defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by applicable law. You can use your Dave Card to purchase goods and services everywhere Mastercard debit cards are accepted. When in the United States, contact your card issuer directly for account information and 1-800-Mastercard for card benefits. Your Dave Spending Account and the Dave Card allow you to withdraw funds up to the Available Balance or make deposits through Electronic Fund Transfers (“EFTs”). A “qualifying direct deposit” is an ongoing deposit of at least $200 that Dave can confirm is a direct deposit. 1). You are responsible for initiating Send a Check payments so that your payment is received prior to any applicable due dates. You acknowledge that this security interest is consensual and in addition to any right of set-off. We may change this Agreement, or any fees and features of your Dave Spending Account or Dave Card, at any time by posting an amended Agreement on Dave’s website, Dave.com, and any such amendment shall be effective upon posting. If you request to add your Dave Card to a Wallet, you authorize us to collect, transmit, store, use and share information about you, your mobile device, and your use of the Dave Card in accordance with our privacy policy, as amended from time to time, available at https://www.dave.com/evolve-privacy. Using Apple Pay, Google Pay, or a debit card to transfer funds allows you to access those funds from your Dave Spending Account faster than an ACH transfer. Services provided are on a 24-hour basis, 365 days a year. The Mobile App provides you various services and features separate from your Dave Spending Account. By providing us with your telephone number for a cellular phone or other wireless device, you are expressly consenting to receiving non-marketing communications at that number—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an auto-dialer—from us and our affiliates and agents, as well as Dave and its affiliates and agents. Using Apple Pay, Google Pay, or a debit card to transfer funds allows you to access those funds from your Dave Spending Account faster than an ACH transfer. It is important to understand that simply reducing your Available Balance to zero ($0) is not sufficient to close your Dave Spending Account. We do not permit you to overdraw your Dave Spending Account and we do not charge you insufficient funds fees or overdraft fees. We do not accept deposits by wire transfer, mail, or cash, paper check or foreign currency deposits: We are not liable for wire transfers that you may attempt into your Dave Spending Account or deposits of any kind that you mail to us, including if it is lost in transit, lost in the mail, or otherwise not received by us. Limitations for Your Dave Spending Account, ACH transfers to your Dave Spending Account from a linked bank account using the Mobile App 2, Wallet transfers using Apple Pay or Google Pay 3. Claims are subject to arbitration, regardless of on what theory they are based, whether they seek legal or equitable remedies, or whether they are common law or statutory (federal or state) claims. Please refer to Section V(F) for information on lost or stolen Dave Cards and how to limit your liability for unauthorized transactions. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act (Title 9 of the United States Code) (“FAA”). C o n s Express advances aren’t free — Standard cash advances are free through Dave, and can take up to … Please refer to the Fee Schedule in Section III(L) for more information and all fees applicable to your Dave Spending Account. Items sent to us or our administrator will not be returned to you. Call 1-877-FINDATM (1-877-346-3286) to find the location of a nearby ATM in the Mastercard ATM Network accepting Mastercard®, Maestro®, and Cirrus® brands. We may waive or decline to enforce any of our rights under this Agreement without obligating ourselves to waive such rights in the future or on any other occasion. . If you owe us a debt at the time of your death, we are authorized to exercise our right of setoff or security interest rights against the funds credited to your Dave Spending Account after your death. If you use Google Pay or Apple Pay to initiate the debit card transfer, they may impose their own fees and/or limitations on the frequency or amount of funds you may transfer to your Dave Spending Account. Dave customer service representatives are available by chat Monday - Saturday from 6:00 AM to 6:00 PM Pacific Time. A digital wallet is a service provided by another company (such as Apple Pay, Android Pay, Samsung Pay, etc. There are no fees for making payments through Send a Check. However, insurance benefits will still apply for any benefit you were eligible for prior to the date that your account is suspended or cancelled, subject to the terms and conditions of coverage. Cardholder’s will be provided assistance with notifying the appropriate issuing authorities to cancel and replace stolen or missing items, such as their debit/credit card, driver’s license, Social Security card, and passport. All actions relating to your Dave Spending Account and this Agreement will be governed by the laws and regulations of the United States and the State of Tennessee where your Dave Spending Account will be opened, irrespective of conflict of law principles. Funds transferred through your debit card will generally appear in your Dave Spending Account within one (1) hour. Dave Ramsey has helped many people save money, pay off debt and find a way to to be financially free. Keep in mind that your Available Balance may not reflect every transaction you have initiated or previously authorized. We do not accept wire transfers. You have the ability to “freeze” your Dave Card through the Mobile App if you misplace your Dave Card. After we surrender the funds to the state, we have no further liability to you for those funds and you must apply to the appropriate state agency to reclaim your funds. Email us at legal@dave.com for approval if you plan to create a power of attorney. The provider, Generali Global Assistance, relies on the truth of statement made in the Affidavit or declaration from each cardholder. The amount of the card authorization and settlement may not be the same. Coverage is limited to only those amounts not covered by any other insurance or indemnity. Mastercard or your financial institution can cancel or non-renew these services, and if we do, we will notify you at least thirty (30) days in advance. Uncashed Send a Check payments will be voided after 180 days. Unless otherwise agreed to by the parties, the arbitration will take place in the county and state in which You live. Call 1-800-Mastercard or go to www.mycardbenefits.com to initiate a claim. ** Sign up for Dave Banking and you’ll get up to a $100 advance from your next paycheck. If a selection by us of one of these organizations is unacceptable to you, you have the right within ten (10) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. If certain payments originating from government entities are deposited into your Dave Account after your death, we may be required to return those payments to the originator upon notice. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. You are also responsible for reviewing your Dave Spending Account statements as they are made available to you for errors or unauthorized activity. You waive any conditions or limits to our right of set-off to the maximum extent permitted by law. We may decline to open a Dave Spending Account or issue a Dave Card to you for any reason, or for no reason; this includes if you have had or currently have any other relationships or accounts with either us or Dave that you did not maintain in a satisfactory manner. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. You agree to pay all fees and charges applicable to your Dave Spending Account and Dave Card. If a selection by us of one of these organizations is unacceptable to you, you have the right within ten (10) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. You may withdraw funds up to the amount of your Available Balance in your Dave Spending Account by Electronic Fund Transfer using any of the following methods. The Dave Spending Account is available to United States citizens or lawful permanent residents of the fifty (50) United States (“U.S.”), the District of Columbia, American Samoa, Guam, Marshall Islands, Northern Mariana Islands, Palau and US Virgin Islands. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but the arbitrator will have the authority to award attorneys and expert witness fees and costs to the extent permitted by this Agreement, the forum’s rules, or applicable law. As solely used in this Arbitration Provision, “we” or “us” shall include Evolve, its affiliates and their successors, employees, directors, officers and agents, and the terms “you” or “yours” shall mean each Dave Spending Account owner and all persons or entities approved to have, approved to use and/or given access to a Dave Spending Account. Your Dave Spending Account is closed or inactive. Coverage is secondary to and in excess of any other applicable insurance or indemnity available to You. The Dave Spending Account is a non-interest-bearing demand deposit account used to hold your deposits and make payments and transfers between accounts you may have at other banks and to third parties online, through Dave’s mobile application (the “Mobile App”) and through the use of the Dave Card. There are also certain airports where you can be expedited through the security and/or the immigration process. IDT searches the internet to detect compromised credentials and potentially damaging use of your personal information, and alerts you via email so that you can take immediate action. The arbitration shall take place in Memphis, Tennessee unless the parties agree to a different location in writing. Your Available Balance is viewable at any time through the Mobile App, but it is important to understand that it may not reflect transactions you have authorized that have not yet been presented to us for payment. Any claim must be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision 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. If you have location services enabled on your mobile device, the location of your mobile device may be collected and shared by the Wallet provider in accordance with their respective data and privacy policies, including with us. Apple, the Apple logo, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. To reserve Mastercard Airport Concierge services visit. Please refer to the Fee Schedule in Section III(L) for details. Monitored transactions include: To take advantage of this service, the cardholder must enter the accounts they wish to protect on the dashboard. Submit the following documentation within one hundred and eighty (180) days from the date of failure or the claim may not be honored: Original manufacturer’s (or U.S. store brand) warranty. Used or antique items; collectibles of any kind (such as items designed for people to collect or items that over time become collectibles) that do not come with a manufacturer warranty (repair or replacement amount will not include market value at time of claim); recycled, previously owned, refurbished, rebuilt, or remanufactured items; product guarantees (e.g., glass breakage). How to add direct deposits: Tell your employer that you'd like to set up your We do not control the privacy and security of any of your information that may be held by the Wallet provider. Keep your Dave Spending Account number, statements, and Dave Card secure at all times, and be careful about who you share this information with. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. You may apply for a Dave Spending Account by submitting a request through the Mobile App and providing all requested information. The recipient’s name on any direct deposit or ACH transfer must match the name on the Dave Spending Account or the deposit may be returned to the originator. We will make all reasonable efforts to contact you if required by applicable law before transferring the remaining balance of your Dave Spending Account to the applicable state. Step 8 – The next section, “Account you would like your check automatically deposited into,” requires some specific definitions for the Direct Deposit transfers you would like to set up. This demand must be made within one (1) year of the earlier of the date the loss occurred or the dispute arose. It is subject to the conditions, limitations, and exclusions described in this document. Best suited for - those that are looking for alternative apps like dave, cheaper approach to banking and want to take advantage of free fully managed, personalized investing, plus access to cash advances. Send a Check allows you to authorize us to make payments in the form of a paper check on your behalf to third parties. When out-of-country and in need of assistance, you can easily reach a specially trained Mastercard Global Service Representative who can help you 24 hours a day, 365 days a year, in any language. You can avoid the surrender of your funds to the state by simply using the Mobile App to view your Dave Spending Account, conducting transactions, contacting us about your Dave Spending Account or replying to any abandoned property notices we may provide to you. Next, we add available deposits and credits to your balance. If we initiate the arbitration, we will notify you in writing at your last known address in our file. For transactions at rental car companies, it may take up to sixty (60) days for the hold to be removed. Benefits listed in this Guide to Benefits are subject to the conditions, limitations, and exclusions described in each benefit section. You agree to appoint Evolve as your agent and custodian so that we may open the Sub-Deposit Account and transfer, as your agent, funds you have deposited between your Dave Spending Account and the Sub-Deposit Account at our discretion. In no event will we or Dave be liable for any claims, losses or damages resulting from you authorizing such payments, and neither we nor Dave have any obligation to research or resolve any claims that may arise. Each state has varying laws as to when an account is subject to escheatment and we may be required to send the balance in your Dave Spending Account to the state of your last known address. If a payment is returned to us for any reason, the check will be voided and the full amount credited to your Dave Spending Account within one business day. All you need to get started is to have your direct deposit going into your Dave Spending account. The best way to contact Dave is through the Mobile App’s chat feature. If you attempt a wire transfer, the transaction will be rejected. EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF EVOLVE. Transactions in this group are posted in date and time order. IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY. Simply contact 1-800-Mastercard if you believe you have been a victim of Identity Theft. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. However, you may be given the option to expedite the delivery of an advance for a fee. For security reasons, your Dave Spending Account may be subject to security-related limits on the number and amount of transfers you can make from a linked bank account to your Dave Spending Account in addition to those described in Sections III(A) and III(D). If this happens to you, the first thing to do is double-check with your employer that you gave the correct routing and account numbers. Any Legal Process will be subject to our right of set-off and security interest. For purposes of this Arbitration Provision, a “claim” or “dispute” is any unresolved disagreement between you, us and/or Dave, arising from or relating in any way to the Dave Spending Account or this Agreement. You agree to hold us harmless for any actions we take based on our belief that you have died or become incapacitated, or any notices of death or incapacitation that we receive. If federal or Tennessee law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law. You may also receive additional services from Dave through the Mobile App, that allow you to initiate EFTs to and from your Dave Spending Account that are not described in this Agreement. Subject to federal law, if your Dave Spending Account is closed, we will return your funds to you by ACH transfer to a linked bank account or by paper check. The expense of the umpire will be shared equally by the parties. Statements will periodically be provided to you by email as long as your Dave Spending Account is not inactive. We will provide you advance notice of any changes where required by law. Also, visit our website at www.mastercard.com to use our ATM locator. Loss resulting from war or hostilities of any kind (including, but not limited to, invasion, terrorism, rebellion, insurrection, riot, or civil commotion); confiscation or damage by any government, public authority, or customs official; risks of contraband, illegal activity, or acts. Under this Arbitration provision, You give up your right to resolve any dispute arising from this EOC by a judge and/or a jury. You may link another bank account you have to your Dave Spending Account in order to transfer funds between the linked bank account and your Dave Spending Account using the Mobile App. to initiate a claim. Section headings that appear in this Agreement are for convenience purposes only and are intended to help you find information. If you do not have an additional service contract or an optional extended warranty, this Extended Warranty benefit commences the day after your original manufacturer’s (or U.S. store brand) warranty expires. Dave only charges a $1.00 fee to loan you the money plus any tip you’re willing to donate, but is not required. Notice will be provided for any changes. The Mobile App provides you various services and features separate from your Dave Spending Account. Single Bureau Credit Monitoring: Cardholders’ TransUnion credit file will be monitored for changes that could indicate fraud such as new credit inquiries, an address change or new credit account(s) opened in their name. Misrepresentation and Fraud: Benefits shall be void if the cardholder has concealed or misrepresented any material facts concerning this coverage. We reserve the right to refuse to process payments to any individual or company. You may terminate our role as your agent and custodian by providing us with thirty (30) days’ prior written notice by mail to Evolve Bank & Trust, 6070 Poplar Avenue, 2nd Floor, Memphis, TN 38119. Today Dave, the finance version of David and Goliath, is again taking on the big banks by launching a unique banking product called Dave Banking. You can call toll-free from over 80 countries worldwide. 1 How it works: Often times, your employer or benefits provider will notify Any party or cardholder who receives payment under these benefits must transfer to the insurance company his or her rights to recovery against any other party or person and must do everything necessary to secure these rights and must do nothing that would jeopardize them, or these rights will be recovered from the cardholder. If you would like to cancel your Dave Card, you may do so at any time by contacting us through the chat feature of the Mobile App or by emailing Dave at support@dave.com. You can also contact Dave by email at support@dave.com. For limits that apply to transactions that debit or withdraw from your Dave Spending Account, please refer to Section III(D) concerning withdrawals. If either the original manufacturer’s (or U.S. store brand) warranty or the service contract covers more than twelve (12) months, this benefit will not apply. You may check your Available Balance at any time through the Mobile App. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information identifying each person who opens a Dave Spending Account. This Guide to Benefits contains detailed information about insurance, retail protection and travel services you can access as a preferred cardholder. If you believe your Dave Card has been lost or stolen, you may immediately disable your Dave Card by contacting us at call 1-844-857-3283. Fees are posted last to your Dave Spending Account and are posted in order from highest to lowest dollar amount. Dave will provide notice to you of such changes when required by applicable law. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in Shelby County, Tennessee and that you will be subject to such court’s jurisdiction. We or Dave may transfer our rights under this Agreement. You may also choose the box labeled “Other,” then define the type of Direct Deposit action that should occur (you may not use this form for SSA/SSI payments). Advance up to $100 from your paycheck interest free. The term “Dave Spending Account,” for purposes of arbitration, includes any updated or substitute Dave Spending Account for you. It is subject to the conditions, limitations, and exclusions described in this document. This consent applies to all telephone numbers you provide to us now or in the future. It is also the platform for cardholders to respond to identity monitoring alerts. You must purchase the new item entirely with your covered card and/or accumulated points from your covered card for yourself or to give as a gift. We may deny any transaction or refuse to accept any deposit that we believe is related to illegal activity, online gambling or for any other reason at our discretion. Mechanical failures caused by normal wear and tear or gradual deterioration where no failure has occurred. If you need to make purchases or arrange for a cash advance, with your issuer’s approval, you can receive a temporary card the next day in the United States, and within two business days almost everywhere else. Make sure to also keep your mobile device secure at all times and avoid accessing the Mobile App when others can see your screen. After we surrender the funds to the state, we have no further liability to you for those funds and you must apply to the appropriate state agency to reclaim your funds. Please refer to Section VI for information concerning errors and unauthorized activity. Describe the error or the EFT you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. Deposits received by us on a business day before 3:00PM Pacific Time will be considered received that day. The attached Key Terms and. WE DO NOT WARRANT THE BANK’S SERVICES OR DAVE BANK ACCOUNT OR DAVE CARD FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. You can also contact Dave by email at, ACH transfers to your Dave Spending Account from a linked bank account using the Mobile App, Wallet transfers using Apple Pay or Google Pay. We may exercise our security interest or right of set-off without regard to the source of the funds in your Dave Spending Account or prior recourse to other sources of repayment or collateral, even if it causes you to incur penalties or suffer any other consequence. This platform utilizes automated monitoring and human threat intelligence from cyber operations agents monitoring threat actors and their tactics on the deep and dark web where personal data is bought and sold.