1. This agreement
This Terms of Service Agreement (this “Agreement”) governs the use of the Imagine Services. All capitalized terms used extensively throughout this Agreement have the meanings in Section 2. Other capitalized terms are defined in the sections in which they are discussed. This Agreement contains a binding arbitration provision.
2. Defined terms
“Imagine”, “us”, “we”, or “our” refers to Imagine Financial Inc, a Delaware corporation.
“You” or “your” refers to you as a signatory to these terms of service and as a user of Imagine Services.
“Agreement” refers to this Agreement, as defined in section 1, among you, Imagine and Bank.
“Data” is defined in section 11.
“Bank” means any U.S. depository bank that Imagine has entered into an agreement by which such depository bank can process electronic funds transfers by automated clearing house (ACH) using the Imagine Services.
“Bank Account” is defined in section 3.
“Imagine Account” is defined in section 3.
“Imagine Services” refers to any mobile device application that Imagine provides you to enable you to pay for your point-of-sale purchases of goods and services at Imagine Network Merchants by: (a) initiating electronic fund transfers from your bank account at a U.S. depository financial institution to Bank for the benefit of Imagine Network Merchants or (b) purchasing a prepaid card that only can be used at a specific Imagine Network Merchant.
“Imagine Network Merchant” refers to a merchant with whom Imagine connected to the Imagine Services and (a) who is eligible to receive electronic fund transfers you initiate and authorize and/or (b) who accepts payment for purchases of goods and services using a prepaid card.
“Additional Products” refers to other financial products and services that Imagine may promote to you on behalf of FDIC-insured depository financial institutions, including credit products (revolving loans and installment loans) and deposit accounts.
“Unauthorized Transaction” means an electronic fund transfer (“EFT”) from your Bank Account initiated by a person other than you without your explicit authority to initiate the transfer and from which you receive no benefit. The term does not include an electronic fund transfer initiated: (a) by a person who you furnished the login credentials to access the Imagine Services, unless you notify us that transfers by that person are no longer authorized and (b) with fraudulent intent by you or any person acting in concert with you.
3. Eligibility and methods of payment
Creating an Imagine Account
When you apply for an account with Imagine (an “Imagine Account”), we verify your personal identifying information. In some cases, we may ask you to provide additional verification information, such as a copy of a government-issued photo identification document. If Imagine approves you, you must set up an account and provide or create log-in credentials by providing a valid email address and strong password.
Methods of Payment
When you create an Imagine Account, you may pay for purchases of goods and services at Imagine Network Merchants by using the Imagine Services to: (a) initiate an electronic fund transfer or (b) purchase a prepaid card that can only be used at that specific merchant.
Payment by Electronic Funds Transfer
Linking a Bank Account
To use the Imagine Services to pay for purchases at Imagine Network Merchants using electronic funds transfer (EFT), you must link a bank account at a U.S. depository financial institution (your “Bank Account” or your linked “Bank Account”) so we can facilitate your EFT payment to pay for each purchase. When you link your Bank Account to Imagine Services, you authorize Imagine to use a third-party service provider (Plaid) to act on your behalf to: (a) gather your log-in credentials and financial information concerning your Bank Account; (b) access your Bank Account and transmit your personal and financial information to Imagine and Bank; and (c) authorize Imagine to credit your Bank Account with two (2) different deposits, both of which are random amounts and together total less than $1.00. Imagine will prompt you to confirm the amount of the two deposits within ten (10) days. When you confirm the amounts of the two deposits using the Imagine Services, you authorize Imagine to debit your Bank Account for the amount of the two deposits. If you fail to confirm the two deposits within ten (10) days, Imagine will debit your Bank Account for the amount of the two deposits and you will not be able to use Imagine Services to pay Imagine Network Merchants for goods or services by EFT.
Imagine Acts as a Third-Party Sender
When you use Imagine Services to pay an Imagine Network Merchant by EFT, you are authorizing Imagine to communicate your instructions to Bank to withdraw funds from your Bank Account to pay for goods or services you purchased at an Imagine Network Merchant and for Bank to send them by EFT payment to a master account at Bank for the benefit of the Imagine Network Merchants, for further credit to the bank account of the Imagine Network Merchant from whom you purchased the goods and services. Imagine does not own, receive or hold any funds transferred from your Bank Account. You understand and acknowledge that Imagine is the operator of a software platform that communicates user instructions for funds transfers to Bank, that Imagine does not receive or transmit funds under any circumstances, and that Imagine has entered into an agreement with Bank so that Bank will conduct such activity as a duly authorized FDIC-insured depository institution. You understand and agree that Bank may enforce any provisions of this Agreement regarding its processing of EFTs by ACH. You agree that payment instructions will be governed by the rules and guidelines established by the National Automated Clearing House Association (“NACHA”) in effect from time to time and that you are considered the “Originator”, Imagine is considered a “Third Party Sender”, and Bank is considered the “Originating Depository Financial Institution” under the NACHA rules and guidelines. As an Originator, you are responsible for all claims, demands, losses, liabilities and expenses (including attorneys’ fees and costs, collectively, “Losses”) from your failure to perform your obligations under the NACHA rules and guidelines and you agree to indemnify and hold Imagine and Bank harmless from any Losses.
Representations Concerning Your Bank Account
When you link a Bank Account, you represent and warrant to Imagine and Bank that: (a) you are authorized to transact on the Bank Account; (b) your transactions comply with applicable law; and (c) your authorization to transact on the Bank Account is effective until you provide electronic notice to Imagine revoking the authorization. You must have sufficient funds in your Bank Account to make an EFT payment to pay for purchases at Imagine Network Merchants. If there are insufficient funds in your Bank Account, your bank will return the EFT payment and you will be responsible to the merchant for making payment for any purchases.
Payment by Prepaid Card
When making purchases at some Imagine Network Merchants, you will be required to buy a prepaid card that only can be redeemed for purchases at that specific merchant. When making a purchase by prepaid card, we will instruct you on how to use the prepaid card for the purchase. You will be able to use the Imagine Services to view the transactions and balances for all prepaid cards used. You can spend the unused amounts of a prepaid card at the merchant at any time in the future, subject to the limitations in the terms and conditions of the merchant’s prepaid card.
Up-to-Date Information Required
You must keep your Imagine Account information up to date at all times to continue using the Imagine Services. This includes your name, phone number, email address and Bank Account information. You can manage your linked bank accounts and other information using the Imagine Services and you may change your linked Bank Account at any time, but you must always maintain at least one verified account, e-mail address and phone number. If you change your linked Bank Account, we will verify your new Bank Account details. We may suspend your use of the Imagine Services and you will not have the ability to initiate EFTs from your new Bank Account until we have had sufficient time to conduct a review and validate your ability to transact on your new Bank Account.
When you use the Imagine Services, we may offer you the ability to apply for Additional Products. If we offer you Additional Products, we may request your permission to order and use your credit report and we will provide you with all required notices and disclosures. Using the Imagine Services does not entitle you to any offers for Additional Products.
4. Your promise to pay
Imagine Network Merchants have agreed to accept EFTs using Imagine Services for purchases of goods and services. This includes purchases using a mobile phone in an Imagine Network Merchant’s physical store or selecting and using Imagine Services to pay for goods and services online at the merchant’s checkout.
You are able to view all of the transaction activity in your Imagine Account using the Imagine Services, including purchases made, by logging into our website or mobile application using the credentials you established for using your Imagine Account.
By accepting the terms of this Agreement and using the Imagine Services, you promise to pay any monies owed to the Imagine Network Merchant for any purchases of goods or services. We reserve the right to periodically review certain payments made by you. For some higher risk or higher value purchases, we may review the purchase transaction before authorizing the transaction. If we do, we will notify the Imagine Network Merchant of the delay so they can decide whether to complete the purchase. Once we approve the transaction, the funds will be withdrawn from your Bank Account by EFT immediately.
5. Fees, insufficient funds, and transaction limits
You will not incur a transaction fee to make purchases at Imagine Network Merchants using the Imagine Services. There is no monthly or annual fee payable for using the Imagine Services.
If you repeatedly have insufficient funds available for purchases you attempt to make, we may suspend your ability to use the Imagine Services.
For security reasons, Imagine may limit the daily dollar amount of goods or services you can pay for using the Imagine Services.
Except for purchases described in section 6 made with prepaid cards, when you make a purchase at an Imagine Network Merchant using Imagine Services and the merchant refunds the transaction, Imagine will send you the money back to the Bank Account you have specified.
Any prepaid card purchases you make are final and you will not be able to return them through Imagine Services for a refund. To obtain a refund for goods or services purchased using a prepaid card, each merchant will need to approve the refund and will return funds to you in accordance with its own policy. You will still owe Imagine for any purchases you made using a prepaid card that were refunded by a merchant.
7. Securing your Imagine account information
When using the Imagine Services, you must keep your login credentials confidential. You agree to notify us immediately upon any breach of security that might result in the loss or divulgence of your login credentials. You agree to tell us what you know about the loss or theft in writing and you agree to assist us in discovering the circumstances relating to any unauthorized use of your Imagine Account. You shall be responsible for (a) updating your passwords periodically; and (b) creating and using “strong” passwords that cannot easily be disclosed or guessed by an unauthorized party. You are liable for any transactions authorized by your Imagine Account.
If you want to stop a person you allowed to use the Imagine Services to initiate an EFT, you must notify us immediately. We may require you to re-establish the Imagine Services with different login credentials.
8. Unauthorized transactions
In order to protect yourself from Unauthorized Transactions, you should regularly log into your Imagine Account and review your activity. We will notify you via our mobile application of each transaction depending on your preference settings. You should review these notifications and ensure that you authorized each transaction. For certain transactions where the delivery of goods or services are not immediate, you will have the ability to cancel the transaction within 15 minutes of purchase or checkout using our Quick Refund button. This Quick Refund service should be used if you believe a transaction was an Unauthorized Transaction and should concurrently notify us of suspicious activity. You should avoid using Quick Refund if you can easily cancel your order directly with the Imagine Network Merchant. Quick Refund is not available for any gift card purchases.
Tell us and your bank immediately if you believe that an EFT using the Imagine Services has been made without your permission. Also, if your bank statement shows transfers using Imagine Services that you did not make, including those made by any means, tell us and your bank immediately. Emailing us at firstname.lastname@example.org and contacting your bank is the best way of keeping your possible losses down. You could lose all the money in your Bank Account (plus your maximum overdraft line of credit) if you fail to notify your bank in a timely manner.
If you tell your bank within 2 business days after you learn of the loss or theft of your Imagine Services login credentials, you cannot lose any more than $50 if someone used your Imagine Services login credentials without your permission.
If you do NOT tell your bank within 2 business days after you learn of the loss or theft of your Imagine Services login credentials, and your bank can prove that it could have stopped someone from using the Imagine Services to access your linked Bank Account without your permission if you had told them, you could lose as much as $500.
If you do not tell your bank within 60 days after your bank mailed your periodic bank statement to you, you may not get back any money you lost after the 60 days if your bank can prove that it could have stopped someone from taking the money if you had told them in time. If a good reason (such as a long trip or a hospital stay) kept you from telling your bank, they may be obligated to extend the time periods.
Please check with your bank to determine its business days.
Your bank will send you a periodic statement listing all the EFT transactions that you make on your Bank Account. Save the receipts you are given when you use the Imagine Services and check them against the account statement you receive from your bank. If you have any questions about transactions at an Imagine Network Merchant using Imagine Services, write us at email@example.com.
You will earn rewards when you make purchases with Imagine Network Merchants. The specific rewards you will earn will be presented to you in the Imagine mobile application. Any rewards earned in the form of cash back will be displayed as a balance in your Imagine Account that you will be able to spend when making future purchases using the Imagine Services.
10. Closing your Imagine account
At any time, you may terminate your relationship with us by using the Imagine Services to do so. If you terminate your relationship with us, you will not be able to use the Imagine Services to initiate new EFTs, but you may be able to log into the Imagine Services: (a) to view a pending EFT; (b) to resolve any dispute or claim regarding an EFT or purchase of goods or services from an Imagine Network Merchant; or (c) if you owe us or an Imagine Network Merchant money. You will remain liable for any obligations that arose before you terminated the relationship and any EFT payments that are outstanding or are returned unpaid.
Use of Collected Data
You agree by using the Imagine Services, Imagine will capture certain data and information, in whatever form or medium, generated from your use of the Imagine Services, including the merchants at which you make purchases, the kinds of purchases, and the amount of those purchases (“Data”). You agree to allow us to use Data in compliance with applicable federal and state laws and regulations of the United States and not to disclose any personally identifiable information in any form to a third party unless we have your express consent to do so. We will: (a) use the Data as necessary to provide the Imagine Services to complete EFTs; (b) provide the Data to our partner banks, authorized agents and service providers; (c) use the Data to verify your identity and the existence of your Bank Account for a third party, such as an Imagine Network Merchant, (d) maintain the Data as long as necessary or as required by law and used internally for recordkeeping, internal reporting, and support purposes; (e) use the Data with your permission; (f) compile and disclose the Data in the aggregate where individual merchant or customer Data is not identifiable, including calculating merchant or customer sales and purchases averages by region or industry; and (g) provide the Data as required by law, court order or regulatory authority, if we have a duty or are permitted or compelled by law to disclose such information, or to defend our rights in a legal dispute. You agree to provide notice and obtain consent with regard to any third-party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. We may monitor, track and record your interactions, patterns, access devices, Internet Protocol addresses, or characteristics when you use the Imagine Services, the Imagine website and mobile applications and, by your use of the Imagine Services, Imagine website and mobile applications, you expressly consent to such monitoring, tracking and recording.
You may not post objectionable or offensive content to the Imagine Services, the Imagine website or mobile applications, misuse of any information posted to a site, misuse passwords on the Imagine Services, Imagine website or mobile applications, or use legally protected systems and third-party content without proper authorization.
Links to other Sites
Imagine may provide links to non-Imagine websites for information on topics that may be useful to the you. Imagine does not control the content of non-Imagine websites. If you link to a website not controlled by Imagine, Imagine makes no warranties, either express or implied, concerning the content of the site, including the accuracy, completeness, reliability or suitability for any particular purpose. You should not infer that links to non-Imagine sites imply any endorsement of or responsibility for the opinions, ideas, products, representations, information or services provided at these sites.
You agree not to attempt to log on to the Imagine Services from any country sanctioned by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury (Treasury). See, Countries Under OFAC Sanctions from the Treasury website. We may block, restrict, or terminate your access to the website or the mobile applications if you attempt to log on to the website or mobile application from an OFAC sanctioned country.
12. Warranty and disclaimer
The Imagine Services are provided on an “as-is” basis and without representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We are not able to control the products or services offered by Imagine Network Merchants who accept Imagine as a method of payment and cannot guarantee the Imagine Network Merchant will complete the transaction in good faith. We do not guarantee continuous uninterrupted or secure access to the Imagine Services. We make reasonable efforts to maintain our network and technology to ensure requests for authorization are processed and any EFTs to and from bank accounts are processed in a timely manner. We are dependent on many factors outside our control, such as the U.S. banking system, that we are unable to guarantee the amount of time to process a transaction.
You agree to defend, indemnify and hold Imagine harmless from any claim or demand (including any legal fees resulting from any action) made or incurred by any third party due to or arising out of your breach of this Agreement from: (a) your improper or unauthorized use of the Imagine Services; (b) your violation of any law or the rights of a third party; or (c) the actions or inactions of any third party to whom you grant permission to use your Imagine Account or access the Imagine Services (including any networks and servers used to provide any of the Imagine Services).
14. Limitations of liability
THE IMAGINE SERVICES, THE IMAGINE WEBSITE AND MOBILE APPLICATIONS (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE IMAGINE SERVICES, IMAGINE WEBSITE AND MOBILE APPLICATIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE". IMAGINE AND THIRD-PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SUPPORT FOR THE OPERATION OF THE IMAGINE SERVICES, THE IMAGINE WEBSITE OR MOBILE APPLICATIONS AND DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE IMAGINE SERVICES, THE IMAGINE WEBSITE AND MOBILE APPLICATIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, IMAGINE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE IMAGINE SERVICES, THE IMAGINE WEBSITE OR THE MOBILE APPLICATIONS, OR FOR THE INCOMPATIBILITY BETWEEN THE IMAGINE WEBSITE AND THE MOBILE APPLICATIONS AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. IMAGINE WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND IMAGINE'S CONTROL. IMAGINE AND THIRD-PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND MOBILE APPLICATIONS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.
IMAGINE WILL NOT BE LIABLE FOR ANY LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE IMAGINE SERVICES, THE IMAGINE WEBSITE AND MOBILE APPLICATIONS OR ANY PORTION THEREOF, ANY THIRD PARTY WEBSITES (INCLUDING FINANCIAL INSTITUTIONS REQUIRED TO PROCESS THE EFT, THE PERFORMANCE OF THE INTERNET (INCLUDING THE PROVISION OF INTERNET SERVICES BY THIRD PARTIES) REGARDLESS OF WHETHER IMAGINE HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
15. Ownership of intellectual property
All title, ownership rights and intellectual property rights in and to the Imagine Services (including any user accounts, software, titles, computer code, technology, artwork, trademarks, copyrights, moral rights and any related documentation) are owned by Imagine. Our website and all written materials are protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws.
16. Change of terms
This Agreement and any of the policies referred within it shall be effective from the date of publication, unless noted otherwise. We may revise this Agreement at any time and we agree to notify you of any changes no less than 30 days before such changes take effect. After 30 days, these changes shall be considered binding. All notification of changes will occur by electronic communication and you agree to periodically review our website, including the current version of this Agreement, to be aware of any revisions. If you do not agree to the changes or revisions, you may terminate this Agreement at any time by providing us with notice as set forth in this Agreement. Notice of your termination will be effective once received and confirmed by us. By continuing to use the Imagine Services after any changes to this Agreement come into effect, you agree to abide by and be bound by any such revisions or changes.
Any dispute regarding this Agreement may be resolved by binding arbitration instead of a trial in court or a class action. Unless you decide to file an individual action in a small claims court pursuant to this section 17, this provision will eliminate your right to go to court, the right to bring class or collective actions, and the right to have a jury decide a dispute.
You and Imagine each agree that any and all disputes or claims arising out of or relating to this Agreement shall be resolved exclusively through final and binding arbitration, as set forth in this section 17 rather than in court, except that you may assert claims in small claims court if your claims satisfy all requirements to be heard in that small claims court. This section 17 and any dispute or arbitration hereunder will be governed by the Federal Arbitration Act. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration shall be confidential and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
You and Imagine agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. Unless you and Imagine agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, or declaratory relief) only in favor of the individual parties seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims. Any relief awarded will not affect other Imagine customers.
Arbitration uses a neutral arbitrator instead of a judge or jury, discovery is more limited, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, including monetary damages, and injunctive or declaratory relief. An arbitrator also must apply this Agreement as a court would. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Section 17. The AAA’s rules and a form for initiating arbitration proceedings are available on the AAA’s website at www.adr.org. The arbitration shall be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone or video conference by you or Imagine, unless the arbitrator requires otherwise. If the value of the relief sought is $10,000 or less, either you or Imagine may elect to have the arbitration conducted based solely on written submissions pursuant to the AAA’s Procedures for the Resolution of Disputes through Document Submission, which election shall be binding on you and Imagine subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Imagine for all fees associated with the arbitration.
If any part of this section 17 is found invalid or unenforceable for any reason, the remainder of this section 17 shall remain enforceable. If this section 17 is found invalid or unenforceable for any reason, then the entirety of this section 17 will be null and void, with the sole exception of the jury waiver provision in section 17 below, which shall continue to apply.
If for any reason a dispute or claim arising out of or relating to this Agreement or the relationship between you and Imagine proceeds in court rather than in arbitration, you and Imagine each waive the rights to a jury trial to the extent permitted by applicable law.
Notwithstanding any provision in this Agreement to the contrary, you and Imagine agree that if Imagine makes any change to this section 17 (other than a change to any notice address or website link provided herein), such change shall not apply to any claim that was filed in a legal proceeding against Imagine prior to the effective date of the change.
18. Severability and governing law