Please read this User Agreement (the “User Agreement”) carefully. This User Agreement sets forth a legal agreement between you (“you” or “your”) and BrightFi LLC (“BrightFi”) and its affiliates (collectively, “we”, “us” and/or “our”), the operator of the BrightFi Account, regarding your use of the mobile application (the “Mobile App”), the Site (the “Site”) and/or technology platform (collectively, the “Services”) operated by us in connection with your BrightFi Account. This User Agreement applies when you access, interact with, sign up for or use any of the Services and is binding as of the first date you access, use, interact with or sign up for or use any Services. Other aspects of the Services may be covered by other terms, conditions and agreements with us or third parties such as financial institutions. For example, your deposit account and debit card are provided to you by Webster Bank N.A. and are subject to the Deposit Account Agreement you have entered into. THIS USER AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO THE SECTION BELOW TITLED “DISPUTE RESOLUTION” FOR MORE INFORMATION.
By accessing and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this User Agreement. If you do not agree with these terms and conditions, you may not access or use the Services.
You may not use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) BrightFi’s Services; (ii) any other party’s use and enjoyment of the Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Mobile App (the “Authorized Device”) or our website. You agree to comply with all applicable laws and regulations governing the downloading, installation and/or use of the Mobile App, including, without limitation, any usage rules set forth in the online application store terms of service.
You agree that you will not share your username and password with any third parties for any reason.
From time to time, BrightFi may automatically check the version of the Mobile App installed on the Authorized Device and, if applicable, provide updates for the BrightFi Mobile App (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Mobile App. By installing the Mobile App, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if you do not receive automatic Updates. Your use of the Mobile App and Updates will be governed by this User Agreement (as amended by any terms and conditions that may be provided with Updates). BrightFi reserves the right to temporarily disable or permanently discontinue any and all functionality of the BrightFi Mobile App at any time without notice and with no liability to you.
You must be at least eighteen (18) years old to use the Services. By agreeing to this User Agreement you represent and warrant to us: (i) that you are at least eighteen (18) years old; (ii) that you have not previously been suspended, removed or deactivated from the Services; (iii) that you are a legal resident of the United States; and (iv) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations.
The Services we offer include the ability to use our “Bill Pay” feature to pay bills to third parties. You can use this feature through our Mobile App or our Site. This feature is offered by BrightFi through a relationship with a payment processor. When you request that a bill be paid by entering required information about the payment (such as the name of the payee, address, account reference and amount of payment) (the “Payment Information”), you authorize us to complete the requested transaction and our third party processor will debit your debit card immediately for the amount of the requested payment. After this debit occurs, you will not be able to cancel the bill payment request.
The processor then issues a check against your debited funds, which will be sent via U.S. Mail to the payee according to the Payment Information you provided. It may take several days for the check to reach the named payee. Thus, you should request bill payments sufficiently in advance of the due date so the payment will timely reach the payee through the U.S. Mail. You must have sufficient funds in your account to pay requested bill payment at the time you provide Payment Information, otherwise we will not complete the transaction.
BrightFi is not liable for any payment errors caused by your entry of incorrect Payment Information. BrightFi is also not liable for any late charges or other consequences that may occur as a result of a payment arriving past a due date, regardless of when the request for payment was made.
The Services, including our website, may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties’ services or websites.
BrightFi does not claim ownership of the content that you provide, upload, submit or send to BrightFi through the Services or otherwise. You understand and agree that you are responsible for all material you provide, upload, submit or send to or through the Services. When you provide content to BrightFi through the Services or otherwise, you grant BrightFi (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights in any manner and for any purpose, including to improve the Services and create other products and services. BrightFi will not compensate you for any of your content. You acknowledge that BrightFi’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against BrightFi.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant BrightFi and its affiliates an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.
BY USING THE SERVICES, YOU AGREE NOT TO:
BrightFi reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any or all Services without advance notice. BrightFi may, from time to time, modify the User Agreement. Please check this User Agreement periodically for changes. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to this User Agreement materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Services when you log in, a message or notification through the Mobile App to your registered device, and we may require that you accept the modified User Agreement in order to continue to use the Services. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Services with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the User Agreement in effect that the time the dispute arose. You can determine when this User Agreement was last revised by referring to the “LAST UPDATED” legend at the top of then-current version of this User Agreement.
This User Agreement is effective beginning when you accept the User Agreement or first download, install, access, or use the Services, and ends when terminated as described in Termination Section.
You hereby acknowledge that BrightFi owns all rights, title and interest in and to the Services and to any and all proprietary and confidential information contained therein (“BrightFi Information”). The Services and BrightFi Information, including visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, look-and-feel, and all other elements of the Services, are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
To the fullest extent permitted by law, you agree to indemnify, defend and hold BrightFi and all of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to (i)your access to, use of or alleged use of the Services; (ii) your violation of this User Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. BrightFi reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter subject to indemnification by you without our prior written consent.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS REQUIRED BY LAW, BRIGHTFI DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. Specifically, but without limitation, BrightFi does not warrant that: (1) the information provided in, or that may be obtained from use of, the services will meet your requirements or be correct, accurate, up-to-date, or reliable; (2) the Services will be uninterrupted or error-free; (3) the quality of any products, services, information or other material purchased by or obtained by you through the services will meet your expectations; or (4) any errors in the technology will be corrected. You assume all risk for all damages, including damage to your computer system, mobile device or loss of data that may result from your use of or access to the service. You hereby acknowledge that use of the Services is at your sole risk.
To the maximum extent permitted by applicable law, neither the indemnified parties nor any other party involved in creating, producing, operating or delivering the Services will be liable for any incidental, special, consequential or punitive damages, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the indemnified parties have been informed of the possibility of such damage where such damages result from: (i) your access to or use of, or inability to access or use, the Services, or (ii) any purchase of a third party product or service based on information contained in the Services, including the availability of a coupon. You specifically acknowledge that the indemnified parties are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, the indemnified parties will have no liability to you or to any third party for any third-partycontent uploaded onto or downloaded from the Site or through the Service.
Some jurisdictions do not allow the limitation or exclusion of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
Each provision of this User Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under this User Agreement. This allocation is an essential element of the basis of the bargain between the parties. Each provision providing for limitation of liability, disclaimer of warranties, or exclusion of damages is severable and independent of all other provisions of this User Agreement. The limitations in this section entitled “limitation of liability” will apply even if any limited remedy fails of its essential purpose.
At your or our request, a dispute concerning this User Agreement will be decided by arbitration under the consumer arbitration rules of the American Arbitration Association for consumer accounts. Arbitration involves the review and resolution of the dispute by a neutral party. If either you or we choose arbitration, neither you nor we will have the right to litigate that claim in court or to have a jury trial on that claim. In addition, you will not have the right to participate as a representative or member of any class of claimants pertaining to any dispute subject to arbitration. The arbitrator’s decision generally will be final and binding.
CLASS ACTION WAIVER: YOU AND WE AGREE THAT NO DISPUTES MAY BE ARBITRATED ON A CLASS ACTION BASIS. ARBITRATION CAN ONLY DECIDE YOUR OR OUR INDIVIDUAL CLAIMS AND SUCH CLAIMS MAY NOT BE CONSOLIDATED OR JOINED WITH CLAIMS OF OTHER PERSONS WHO MAY HAVE SIMILAR CLAIMS.
Any arbitration hearing that you attend will take place in the federal judicial district where you reside. This arbitration provision shall survive closure of your account or termination of all business with us.
This User Agreement, Electronic Communication Agreement and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and BrightFi regarding your use of and access to the Services. You may not assign or transfer this User Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this User Agreement or any of our rights or obligations under this User Agreement at any time without notice, subject to applicable law. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this User Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in this User Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions. If any part of this User Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
In the event of termination of this User Agreement or the Services, the terms in this User Agreement that by their nature are continuing shall survive such termination, including but not limited to the indemnification and hold harmless obligations, disclaimers and limitations of liabilities, and the arbitration provision.
If you have any questions regarding BrightFi, your Account, the Services, or this User Agreement please email us at firstname.lastname@example.org.