This agreement applies to (i) our Websites (“getchallenger.com”, “challengercash.com”, “challengerapi.com”, etc.) (ii) the Challenger mobile and web applications (the “App”), the website (the “Site”) and (iii) related services ((i), (ii), and (iii), collectively the “Services”)).
The following Terms of Service (“Terms”) contain important information about Challenger’s Services and everything we must tell you by law regarding the use of our Services. These Terms are a binding contract between you and Challenger Finance Inc. Please read them carefully. Your use of Challenger’s Services in any way means you agree to these Terms and acknowledge that you have read them. The Terms are effective as long as you use the Services or until your Service is terminated.
We use the following definitions:
You may be subject to additional policies, rules, and/or conditions (“Additional Terms”) by your participation in certain Services such as the Cardholder and Deposit Agreement or other agreements used by our partners. By using or participating in our Services, you acknowledge and agree to comply with these Additional Terms.
Challenger offers a mobile App, Site, and Debit Card that lets you easily receive compensation, send and receive funds, and pay for goods and services in partnership with our partner bank. The Service helps you track your transactions and save. Challenger partners with Employers to distribute our Services to their workforce.
In order to use our Service, you will need to open an Account with Challenger. You agree to share accurate and up to date information about yourself to us, as well as update your information as necessary as you continue using our Service. Your Account is for your use only and you agree to not share your Account credentials with anyone. You agree that you are solely responsible for the activities of your Account.
Challenger and/or our partners are required by Law to collect specific information about you to access our Services including your name, address, date of birth, tax-identification or Social Security number. We may collect additional information including email, phone number, and a copy of a government issued ID to contact you and verify your identity. By providing your information and accessing our Services, you authorize Challenger and any third parties to use your information to verify your identity before opening your account and for any other regulatory compliance or due diligence purposes from time to time.
By using our Service, you agree to the following:
All banking and financial services available through Challenger are offered by one of our partner banks Piermont Bank, Member FDIC, or LendingClub Bank, N.A., Member FDIC.
Banking services associated with our services are provided by Piermont Bank, Member FDIC. Your transactions will be processed through an FBO account we hold at Piermont Bank for the benefit of our customers or users. We will provide you a monthly summary statement that describes your transactions. Your deposit balances held at Piermont Bank are insured by the Federal Deposit Insurance Corporation (FDIC) for up to the legal limit (currently $250,000 for each category of legal ownership).
You authorize Challenger to validate the information you provide us to confirm your identity, either directly or through third parties. We may require a confirmation or additional identifying or financial information through email, SMS, or phone communication to continue offering our Services. You agree to provide any additional documentation or verification as we or our partners may require from time to time.
Challenger works to provide great Services to you that may change over time. We may periodically update the mobile and web applications and website with new features, patches, and bug fixes. We may add new features, discontinue any part of our Services, or limit access to some or all parts of the Services for any reason at our sole discretion. You agree to allow Challenger to at any time update our Services automatically or require you to update the Services manually if deemed necessary by Challenger.
You agree to receive disclosures and other communications electronically until you give us notice that you withdraw your consent. Challenger may not be able to provide you paper copies of required disclosures and may terminate the Services.
To withdraw your consent to receive disclosures and other communications electronically , you may contact us at email@example.com or through the Challenger App.
It is your responsibility to provide and update an up-to-date email address and phone number with us. Challenger may require a reasonable amount of time to process your request and terminate access to the Services.
Our services may change over time, and as a result, we may need to update these Terms. We may not provide notice to you before we change these Terms, but will do so when required by law. If these Terms are no longer agreeable, you can close your Account by contacting firstname.lastname@example.org. Failure to close your Account and cease using the Services shall serve as your consent that you agree to our updated Terms.
Challenger’s Services are only available to individuals 18 years or older who can form a legally binding contract subject to these Terms. We do not knowingly solicit or collect information from individuals under the age of 18. If you believe someone under the age of 18 has provided us with personal information, please reach out to email@example.com and we will take action to delete that information and provide an appropriate resolution.
Our services are intended for US-based individuals. If your primary residence is outside the United States, you should contact firstname.lastname@example.org and cease using the Services.
We reserve the right to impose other restrictions as well. If you are found to be on a government sanctions list, are a politically exposed person, would face regulatory scrutiny, or pose a risk to Challenger or our partners, we reserve the right to, in our sole discretion, limit, terminate, or not allow access to our Services.
By accessing our Services and providing personal contact information, you agree to receive notifications from Challenger. To sign up for an Account, we may require you share and verify your phone number and email. As part of our Services, Challenger may send you messages over email, SMS, phone, push notification, etc. which may require your response for continued access to the Services.
We aim for the Employer to cover all Account Fees. However, depending on how you access and use the Services, the Services may be free or we may charge fees. Our fee schedule is available in our Cardholder and Deposit Agreement. If you access our Services through a mobile network or other data service provider, network fees may be applicable.
If we have reason to believe that there may be suspicious or unlawful activity associated with your Account, we reserve the right to, in our sole discretion, stop any of your transactions or return funds to the sender to the extent that we are not prohibited by law.
Challenger reserves the right to suspend, limit, or terminate these Terms without advance notice. If we have reason to believe that there may be suspicious or unlawful activity associated with your Account, we will comply with state, federal, or local regulators and will report incidents as required by law. We also reserve the right to otherwise report incidents which we believe are suspicious or unlawful but which we are not required by law to report. To protect the financial system, our Services, and our other users, if we suspect suspicious, fraudulent, or unlawful activity, Challenger reserves the right to freeze, limit access, or close your account. We may also terminate the Terms in order to discontinue or “sunset” parts or all of our Service.
Challenger Finance Inc. owns all right, title, and interest to the Services including the technology and software therein to the extent such technology or software is not the intellectual property of our partners. You agree not to use our intellectual property or our partner’s intellectual property for any purposes other than accessing and using our Services as intended. All the contents of our Services including but not limited to materials, UI, text, graphics, articles, images, and illustrations on our website are our intellectual property or the intellectual property of our partners.
You are solely responsible for any information you share or transmit through the Services and represent and warrant you have the necessary rights to do so. We aren’t liable for any errors or omissions in that information or for any related losses or damages. We cannot guarantee the identity of any individual or business account at any financial institution and we are not responsible for any actions performed through our Service.
Our Service may contain links, software, infrastructure, or third party connections that are not owned or controlled by Challenger. When you access third party services or websites, you acknowledge that Challenger is not responsible for the inherent risks in doing so. Challenger cannot verify, monitor, or edit the content of any third party and assumes no responsibility for the content, privacy policies, terms, practices, or accuracy of any third party services you interact through our Services. By accessing or using our Services, you agree to release and hold us harmless from any and all liability arising from the use of a third party service.
You agree and acknowledge that any suggestions or comments you make to us regarding improvements or changes to the Services that you make to us may be implemented by us but you will not receive any compensation for such comments or suggestions.
CHALLENGER FINANCE INC. AND ALL OF ITS EMPLOYEES, CONTRACTORS, DIRECTORS, INVESTORS, SHAREHOLDERS, LICENSORS, PARTNERS, AND AGENTS (COLLECTIVELY, THE “THE RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY WHATSOEVER TO THE SITE, OUR SERVICES, OUR CONTENT, OR THE THIRD-PARTY MATERIALS.
EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF THE RELATED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SITE, OUR SERVICES, OUR CONTENT, OR THE THIRD-PARTY MATERIALS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE SUM OF ONE HUNDRED UNITED STATES DOLLARS ($100.00).
SHOULD A COURT OF COMPETENT JURISDICTION FIND THAT ANY OF THE FOREGOING LIMITATIONS ARE INVALID, THE RELATED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY ALL APPLICABLE LAWS.
In exchange for and in consideration of us offering the Site and the Services to you, you agree to defend us and any Related Parties, indemnify us and any Related Parties, and hold us and any Related Parties harmless from and against any and all suits, claims, losses, damages, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by us or any Related Party in connection with any suit, regulatory action, or claim made by a third party arising out of or in any way related to: (1) your use of our Site, Services, content, or any third party materials; (2) your violation or alleged violation of these Terms or your violation or alleged violation of any applicable law or regulation; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of third party materials. You must not settle any such claim or matter without our prior written consent and we and the Related Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
BY USING THE SITE OR THE SERVICES YOU ARE AFFIRMING THAT YOU UNDERSTAND AND AGREE THAT BY USING THE SITE OR THE SERVICES, YOU AND CHALLENGER FINANCE INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Arbitrations pursuant to the provisions contained in these Terms shall be governed by the FAA’s rules and procedures to the maximum extent they can be. If you wish to pursue arbitration against us, you must send us written notice of the dispute to the other by certified mail ("Notice") to [[address]]. To constitute valid notice, your Notice must (a) describe the legal nature and basis of any and all of your claims and disputes; and (b) set forth the specific relief which you seek. Following our receipt of your Notice, you agree to, for at least thirty (30) days work with us to find a good faith resolution. Any settlement negotiations that occur during this period shall not be disclosed to the arbitrator for the matter should we fail to reach a good faith resolution. The arbitration proceeding, the results of the arbitration, and any information, documents, or other discovery exchanged during the arbitration shall be confidential and you shall not disclose any of this to any third party without the prior written consent of Challenger. Any arbitration shall occur in Denver, Colorado at a mutually agreed upon location. The arbitrator shall have the authority to make rulings and resolve disputes as to the payment and reimbursement of legal and arbitration fees or expenses at any time during the proceeding and upon request from either party.
YOU AND CHALLENGER FINANCE INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Additionally, should an arbitration be initiated as set forth above, unless both you and Challenger agree to waive this provision, no arbitrator may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding through such arbitration.
We will promptly notify you of any changes to these arbitration or class actions provisions (other than clerical errors or a change of address). You may reject any such changes by sending us written notice of such rejection within 30 days of us providing you with such notice. Upon receipt of your rejection we will terminate your Account and/or any existing Account application, but this arbitration provision and class actions waiver, as in effect immediately prior to the amendments you reject, will survive.
Should a court of competent jurisdiction or an arbitrator presiding over an arbitration pursuant to the arbitrations provisions set forth herein find any of these arbitration provisions or the class action waiver unlawful, void, or otherwise unenforceable for any reason, then you agree that such provision or provisions shall be given effect to the greatest extent possible, including, without limitation, interpreting such provisions to require you submit to individual arbitration and waive any purported right to participate as a plaintiff or member in a call or representative proceeding, and the remaining provisions will remain in full force and effect.
These Terms, as may be amended from time to time, shall be effective from the time you first visit the Site until the time that you provide us with a written formal termination notice to the contact address listed herein and cease all use of the Site and Services. However, any section or portion of these Terms that is intended to survive such termination shall survive such termination and continue to be valid and enforceable.
These Terms shall be governed by the laws of the State of Colorado, excluding conflicts of law provisions. Further, if, and only if, the arbitration provisions contained herein be found unenforceable or, for whatever reason, you be allowed to pursue legal action outside of arbitration, you and Challenger hereby agree and consent to the exclusive personal jurisdiction of the state and federal courts situated within the County of Denver, State of Colorado for purposes of enforcing these Terms or litigating any other claim or cause of action you may wish to pursue against us and you hereby waive any objection that you might have to personal jurisdiction or venue in those courts.
We reserve all rights not explicitly granted to you.