Primary & Trusted Agent Account Agreement

Dash Commercial Prepaid MasterCard - Primary & Trusted Agent Account Agreement

This Dash Prepaid MasterCard® (“Dash MasterCard”) Primary & Trusted Agent Account Agreement, including the Schedule of Fees and Charges (collectively referred to as this “Agreement”), sets forth the terms of your DASH MasterCard Account. Please read it carefully and retain it for your records. This Agreement is issued by Sunrise Banks, N.A. St. Paul, MN 55103, Member FDIC pursuant to a license from MasterCard®. Company shall be responsible for notifying Cardholders of the relevant terms applicable to their Card use and for ensuring that each Cardholder complies with the terms and conditions set forth in this Agreement.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW CARD ACCOUNT:

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 that identifies each entity or person who opens an account (including sub accounts). When a Card Account is opened on behalf of Company, you will be asked to provide copies of certain information that will allow us to identify Company and Company’s principal owners and Cardholders. Company information which may be collected includes, but is not limited to; address, corporate organizational documents and certificates, and federal employee identification number (EIN). Personal information which may be collected from Company’s principal owners and Cardholders includes, but is not limited to; name, address, phone number, date of birth, social security number or individual tax-payer identification number (ITIN), driver’s license and/or passport.

Definitions.

  • In this Agreement, the words “you” and “your” or “Account Administrator” means the Company, the Primary Account Registrant and any Trusted Agent associated with the administration of the Primary Account on File.
  • “We”, “us”, “our” and the “Bank” mean Sunrise Banks, N.A., the issuer of the Card.
  • “Authorized Card Servicer” means Karmic Labs, Inc., the servicer for the Dash MasterCard program, and its successors, affiliates, licensees or assignees. Any request for a Card or Card Account will be processed by the Authorized Card Servicer, acting on behalf of the Bank.
  • “Company” means the commercial business who qualified for and opened the Card Account and owns the funds in the Primary Account and associated Companion Cards issued to its employees. Company must be a commercial business and may be an individual operating as a sole proprietorship, partnership, limited liability company, trust or other form of commercial entity authorized by applicable law. The owners or principals of the commercial business must also personally guaranty and be personally liable for all transactions associated with the Primary Account and all associated Companion Cards. All such guaranties are unlimited and joint and several in the case Company has multiple owners or principals.
  • “Primary Account Owner” means the person opening the Dash MasterCard Account and authorized by Company in writing to open and close the Dash MasterCard Account and associated Companion Cards, add or remove Company Trusted Agents whom, like the Primary Account Owner, will , obtain Primary Account information, load the Primary Account, transfer or allocate funds to registered Companion Cards and to take all other administrative actions on behalf of Company in connection with the Primary Account as contemplated by this Agreement.
  • “Trusted Agents” means any person registered and assigned to the Primary Account at the request of the Primary Cardholder and authorized by Company to load the Primary Account, transfer or allocate funds to registered Companion Cards and to take all other administrative actions on behalf of Company in connection with the Primary Account as contemplated by this Agreement.
  • “Companion Cards, Companion Cardmembers” are members of the Company and who will be issued his or her own Dash MasterCard linked to the Company’s Primary Account.
  • “Card” means the DASH Commercial Prepaid Card(s) issued by us to Cardholders and linked to Company’s Primary Account.
  • “Card Account” means the Sunrise Banks, N.A. custodial and sub-accounts linked to your Companion Card(s) or its associated account number and refers the Primary Account and/or Companion Card Account(s).
  • “Primary Account” means the Account issued to the Primary Account Registrant and its Trusted Agents and “Primary Account” means the Account linked to all Companion Cards.
  • “Account Number” means the 16-digit number used to identify the Primary Account and or each of the issued Companion Card Accounts.
  • “Card Number” means the 16-digit number embossed on your Card.
  • “Business days” are Monday through Friday, excluding federal holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open.
  • “PIN” means personal identification number.
  • “Access Information” means collectively your PIN, online user name, password, challenge questions, and any other security information used to access your Card Account.
  • “Website” means the DASH Card website accessible at https://getdash.io.
  • “Qualified Sole Proprietor (QSP)”: Is defined as a business owner that is a sole proprietor that applies, and is approved for, a Dash MasterCard with a $5,000 total account load limit and is subject to a maximum of 5 cards per account. The load limit and card limit can be removed if the QSP provides full documentary evidence for his/her business and personal information.
  • “Premium Card Customization”: Means a feature available for Dash cardholders that select to print their company logo on a custom Dash Card for a fee.

Agreement to Terms.

By registering and being approved by the Authorized Card Service provider, you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement or do not want to use the DASH Commercial Prepaid Card, call us at 1 (866) 626-3945 to cancel your DASH Commercial Prepaid Card Account. (along with cutting in half all DASH Prepaid Companion Cards. When any provision in this Agreement states that we may take certain actions, we may do so in our sole discretion. The terms of this Agreement are subject to amendment at any time in accordance with Cancellation and Suspension section below.

Primary Account Description.

The Primary Account is a prepaid virtual account made available to Company’s designated Cardholders for commercial business purposes. The Primary Account allows the Primary Account Registrant and all registered and approved Trusted Agents of the Company to access funds loaded or deposited to the Primary Account by the Primary Account person or any of the Company’s Trusted Agents that have been authorized by Company to load funds to the Primary Account. The Primary Account does not constitute a checking or savings account. The Primary Account is not a traditional prepaid card account, nor is it intended to be used for Commercial or houshold spending purposes. The Primary Account is not a credit or line of credit account. Company will not receive any interest on the funds in the Primary Account. The funds in the Primary Account will be FDIC-insured for the benefit of Company once we have been able to verify Company’s identity. The Primary Account will remain the property of the Bank and must be surrendered upon demand. The Primary Account is nontransferable and may be canceled or revoked at any time without prior notice except as required by law

Business Use Only.

This Primary Account is to be used solely for business funding purposes to Companion Card Members and may not be used for commercial, consumer or household purposes. By using the Primary Account or providing the Account Number to any person, you represent and warrant to us that use of the Primary Account is solely for business funding of Companion Card purposes.

Companion Cards.

The Primary Account Owner and its Trusted Agents have the sole discretion in requesting the opening and closing of Companion Card Accounts. Each Companion Card will consist of a branded Dash MasterCard Account which is to be funded through the Primary Account only and which is to be used for business related purchases only. The Companion Card must be assigned to a member associated to the Company and will authorized to make changes to select information (Address, Telephone Number, Email and PIN) associated with their Companion Card Account with or without the prior consent of either the Primary Account Owner or the Company’s Trusted Agents. The Company is the owner of all funds in the Companion Card Account at all times and Companion Cardholder agrees that the Companion Card shall only be used as authorized by Company.

Activating Your Primary Account.

Upon review of the Company, Primary Account and Trusted Agents applications, the Primary Account will automatically be opened. The opening balance will be Zero Dollars and Zero Cents ($0.00) in US Denomination. You will have opportunity to fund your Primary Account through the Authorized Card Service Provider desktop application at https://getdash.io or mobile application and by associating a registered financial institution account to your Primary Account and authorizing monetary transfers according to the Primary Account monthly limits. Although no credit history is required to open a Dash MasterCard Account, you authorize us to obtain information about you from time to time from credit reporting agencies, your employers and other third parties for our internal processes.

Using Your Primary Account.

After you have funded the Primary Account and Companion Cardholders have received and activated their Companion Cards, you may transfer funds to Companion Card Accounts provided that such transfer of funds does not exceed the limits imposed at the Companion Card by us. If any Companion Card Accounts are in a negative balance state, the Authorized Card Service provider reserves the right to return such card account balance to a zero dollar and zero cent ($0.00) state by transferring funds from the Primary Account to such negative balance Companion Card Account. In the event that the Primary Account does not have sufficient funds to remedy a negative balance Companion Card account, then the Authorized Card Service provider may assess fees pursuant to the fee schedule below.

Each time you use the Primary Account to fund any Companion Card Account, you authorize us to reduce the value available on the Primary Account by the amount of the transaction plus applicable fees, if applicable. Any transaction that is completed using the correct logon credentials of the Primary Account Owner and or the Company’s Trusted Agents, will be considered an authorized transaction. Company will be liable for all transactions arising from any use of the Primary Account. If any Companion Cardholder is permitted to use the Companion Card, Company will be responsible for any transactions made and any fees incurred by the Companion Cardholder even if the Cardholder exceeds the scope of the authority granted to such Companion Cardholder by Company. Companion Cardholders should only be persons Company trusts to honor its instructions and limitations.

Managing Your Primary Account.

Through the Authorized Card Service providers Website or Mobile Application, the Primary Account Owner and Trusted Agents will have full administrative rights to the Primary Account and will be able to view and print account transaction activity 24 hours a day, 7 days a week for all Primary Account and all Companion Cards associated with the Primary Account. Companion Cardholders will have reduced access to view their Companion Card transaction activity through the Authorized Card Service Website or Mobile Application. It is your responsibility to keep Access Information confidential to deter other person(s) from using your Primary Account or accessing your Primary Account without your permission. Please allow at least one (1) business day after each transaction for the information to be updated online or on your mobile device.

Additional Terms and Conditions for Premium Card Customization

  • Card Customization Pricing – premium card customization is available to Dash Prepaid MasterCard customers for an additional fee as per the following fee schedule – (see below in Primary Account Fee Matrix)
  • Premium Card Customization fees are non-refundable. Cardholders can pay for the premium card customization fees either directly by providing a credit or debit card payment option or have the fee be withdrawn from their Primary Virtual Account upon completing their first load. Karmic Labs reserves the right to suspend accounts are past due as a result of a failure to pay this fee.
  • The Card Customization Fee Bundle Covers one FREE refresh of logo or artwork per year (in addition to the original/first time customization) to the participating Dash Prepaid MasterCard customer.

  • Dash Prepaid MasterCards customers must provide high resolution logo art files as per the following specifications –
    • File Format: JPG, GIF, PNG, TIFF, or BMP
    • Image Dimensions: minimum of 480 by 480 pixels
    • Resolution:  minimum of 300 dots-per- inch (DPI) – 600 DPI is recommended for best quality
    • File Size: cannot exceed 4 megabytes (MB), or 4,000 kilobytes (KB)
  • Karmic Labs is not responsible for any distortions in company logo on customized card prints resulting from poor quality logo or image art files provided by the Dash Prepaid MasterCard customer.
  • Participating Dash Prepaid MasterCard customers grant to Karmic Labs, for the term of their cardholder agreement, a non-exclusive, royalty free license to use, display, reproduce and transmit the logo and the associated art files for custom card printing and production purposes.
  • Primary account owner and Company will indemnify, and hold harmless, Karmic Labs Inc. for any disputes arising from trademark or copyright infringements due to the use of a card customization mark.

Limitations on Primary Account Usage

All transactions are subject to the limitations set forth in this Agreement, and no transaction may exceed the available balance in your Primary Account.

  • Load Limitations. You may not load the Primary Account in the aggregate of One Hundred Thousand Dollars ($100,000) in one calendar month. Unusual or suspicious load attempts may prompt an Account Suspension to allow us to investigate such unusual activity.

  • Use Limitations. Your Dash MasterCard has been issued solely for commercial business purposes. Any Companion Cards issued may not be used for payroll expenses under any circumstances. You agree that you will: (i) endorse the use of Commercial Cards as a corporate card solely for commercial business purposes; (ii) prohibit the use of Companion Cards at gambling websites or to purchase illegal goods or services; (iii) promptly notify us through our Authorized Card Service provider of any loss or theft of any Companion Cards; (iv) promptly notify us of the loss, theft, or unauthorized disclosure of any Access Information used to access the Primary Account or Companion Card accounts; (v) prohibit the use of Companion Cards for payroll expenses; and (vi) use the Companion Card only as permitted by this Agreement. In addition, you acknowledge that Companion Card may not be accepted by certain merchants whose goods or services are not legal for minors. We may refuse to process any transaction that we believe violates the terms of this Agreement. We may suspend any Companion Card Account and/or your DASH Card program to investigate any unusual activity that indicate any Companion Cards issued to your Dash MasterCard Account are being used for restricted activities such as payroll expense. Your failure to comply with the restrictions on use will cause the immediate termination of your Dash MasterCard Account and any Companion Cards associated with the DASH Commercial Card Account.

The Primary Account Owner may add funds (referred to as “value loading”) to the Primary Account via ACH or wire transfer from the Company Bank Account to the Primary Card Account.

Qualified Sole Proprietor

Please note the special conditions that are in place for the QSP Dash Prepaid MasterCard program. The special conditions include the following:

  • Monthly Load Limits: Each QSP is required to limit the monthly load to $5,000. Any amounts beyond $5,000 will be returned to the account owner by check. Check processing can take up to fourteen (14) business days.

  • Card Limits: Each QSP is limited to a total of 5 Dash MasterCards.
    • Removal of the Load and Card Limits: An account owner can have the load and card limits removed with the additional documentary evidence:
      • Proof of Driver’s License;
      • Proof of Business Address;
      • Proof of FEIN (if applicable);
      • Proof of SSN; and
      • DBA or Business License.
  • NO OTHER TYPE OF VALUE LOADING IS ALLOWED FOR THE Primary ACCOUNT and its associated Companion Card accounts, INCLUDING CASH LOADS THROUGH RETAIL LOAD NETWORKS (e.g. GreenDot, MoneyGram, Western Union, etc.) OR DIRECT DEPOSIT.

The maximum amount that may be value loaded to the Primary Account is $100,000. At any time, Bank may require Company to maintain a minimum of Company’s previous week’s purchase volume prefunded in the Primary Account, not to exceed the $100,000 limit. The Primary Account Owner or its Trusted Agents may transfer funds from the Primary Account to any Companion Card Account at any time through the Authorized Service Provider website or mobile application. The maximum amount that may be value loaded from the Primary Account to any Companion Card Account is $10,000 The maximum aggregate value of the Card Account, inclusive of all associated Companion Card Accounts, is restricted to $100,000 at any point in time. We reserve the right to accept or reject any request to load to the Primary Account or Companion Card accounts. Loads are subject to appropriate anti-fraud verification. Prior to crediting loads to a Primary Account or any Companion Card account and making funds available to any Companion Cardholder, certain delays may be required to assure funds are available for such loads.

The Primary Cardholder may NOT use the Bank’s routing number and the Account Number to make preauthorized payments from the Primary Card Account. You are not authorized to use the Bank’s routing number and Account Number for any other purpose. You do not have the right to stop payment on any purchase or payment transaction originated by use of your Companion Card Account, except as otherwise permitted by this Agreement. If any Companion Card account member authorizes a transaction and then fails to make a purchase of that item as planned, the approval may result in a hold of that Companion Card account (see “Reversal of Transactions” below),

PIN:

A PIN is a four-digit code that may be used by Companion Cardmember to make purchase transactions instead of signing for their transaction. All Companion Card Account members will be provided a PIN at the time of Companion Card enrollment. Only one (1) PIN will be issued per Companion Card. To prevent unauthorized access to the Card Account balance, all Companion Card Account members will need to agree to keep their PIN confidential. In the event that a Companion Card Account member does not recall their PIN, they can change their PIN by visiting cardmember services at https://getdash.io. A PIN is not assigned to, nor can a PIN be used by a Primary account as the Primary account cannot be used for purchases

Companion Card Account PIN may NOT be used (i) to obtain cash or to (ii) check balances at any ATM or POS terminals.

Merchant Authorization Holds.

When a Companion Card account member uses their Dash MasterCard to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on the funds in such Companion Card Account in the amount indicated by the merchant (which may be more than the final settled transaction amount). We also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an “authorization” or “hold” on such Companion Card available balance for up to thirty (30) days. Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to such Companion Card for other purposes. We will only charge the Companion Card Account for the correct amount of the final transaction, and we will release the hold on any excess amount when the transaction finally settles.

Negative Balance.

Because a Companion Card Account may be assessed transaction fees even if a transaction is declined, it is possible for a rejected transaction to cause such Companion Card Account to have a negative account balance and be overdrawn. We do not extend credit, so if any Companion Card Account becomes overdrawn, the Company agrees to pay us the overdrawn amount immediately without further demand through the process of withdrawing funds from the Primary Account. We may deduct any negative balance amounts from any current or future funds on this or any other Companion Card Account you maintain with us, whether a Primary Account or subsequent Companion Card Accounts. If your Primary Account has a zero or negative balance, we may, at our option, cancel your DASH Card Account and any Companion Cards associated with your DASH Card Account without notice, and/or pursue collection of any negative account balance plus all costs of collection including attorney fees.

Refunds for Purchases Made with the Companion Card.

Any refund for goods or services purchased with the Companion Card Account will be made in the form of a credit to the Companion Card subject to the refund policy of the merchant. You are not entitled to receive a cash refund.

Disputes with Merchants.

We are not responsible for the delivery, quality, safety, legality or any other aspect of goods and services that you purchase from others with a Companion Card. All such disputes should be addressed to the merchants from whom the goods and services were purchased.

Reversal of Transactions.

Point of sale transactions cannot be reversed. If a Companion Card member authorizes a transaction and then fails to make a purchase of that item as planned, the approval may result in a hold of funds equal to the estimated purchase amount, for up to seven (7) days.

Schedule of Fees and Charges.

We will charge Company, and Company agrees to pay, the fees and charges set forth in the Schedule of Fees and Charges below. You may also login via our Authorized Service Provider Website to view a complete list of fees. Unless otherwise stated, we generally deduct fees and charges from the Primary Account at the time a fee or charge is incurred. Such other fees and charges may be deducted from the Companion Card Account incurring the fee. If you request a service that is not included in the Schedule of Fees and Charges and there is a fee for such service, the fee will be disclosed at the time of the request, and you agree that any such fee may be deducted from your Primary Account.

Fees Matrix Assessed to the Primary Account

The following fees will be withdrawn from your Primary Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law. Any time your remaining Card Account balance is less than the fee amount being assessed, funds from Companion Cards will be returned to the Primary Account and the balance of your Primary Account will be applied to the fee amount.

Fee Description Fee Amount Frequency of Charge
Enrollment Fee Per Package *Launch Package – up to 5 Companion Cards *Ignition Package – up to 10 Companion Cards *Rocket Package – up to 20 Companion Cards $0.00 Not Applicable
Annual Maintenance Fee PerPackage(First 12 months after AccountActivation) $0.00 Not Applicable
Additional Companion Card If Company enrolls in one of three package types (Ignition, Launch, orRocket), the quantity of cards issued under those initial enrollment will beat no-cost to the primary account owner. Additional companion cards above initial quantity of card offering are subject to a one-time fee for account creation.If a fee is imposed, the fee will be denoted as “Plastic Card Issuance”on your transaction history/statement. $5.99 per Companion Card Additional companion cards above initial quantity of card offering are subject to a one-time fee for each account creation. Fee assessed at time of companion card account opening subject to the terms and conditions of the companion card agreement.
Replacement Companion Card due toLost / Stolen If a Companion Card is reported lost or stolen, such account will automatically be closed and remaining funds returned to the primary account. If Company requests replacement card, a one-time fee will be assessed.If a fee is imposed, the fee will be denoted as “Plastic Card Issuance”on your transaction history/statement. $5.99 per Replacement Card. One time for each replacement card.
Expedited Shipping for Companion CardsAll Companion Cards will be fulfilled using United States Postal Service at no cost. Karmic Labs will charge an additional fee if you request expedited processing (2 business days) of are placement or reissued Card.If a fee is imposed, the fee will be denoted as “Rushed CardReplacement” on your transaction history/statement. $35.00 per Companion Card Fulfillment One time for each fulfillment request.
Paper Statement Fee All statements are available electronically, at no cost, through our Authorized Service Provider Website. If a monthly paper statement is requested for either the primary or companion card members; a fee will be assessed per Account for each monthly paper statement requested and issued.If a fee is imposed, the fee will be denoted as “Paper Statement” on your transaction history/statement. $10.99 per Month per Account requesting Paper Statements (there is no fee for statements made available electronically) Monthly
Withdrawal of E-Communications Consent. The E-Communication Statements are available electronically, at no cost, through our Authorized ServiceProvider Website: https://getdash.io.A fee will be assessed if Company elects to withdraw from receipt of E-Communications Statements and, instead, requests a paper copy of E-Communications.If a fee is imposed, the fee will be denoted as “Paper Statement” on your transaction history/statement. $10.99 for each E-Communication paper publication and fulfillment (there is no fee for statements made available electronically) Per instance.
Paper Check Issuance After Account Closure If Company elects to close its DASHPrepaid Account and if remaining funds exist on either the PrimaryAccount or any Companion Cards, the Company may transfer all DASH funds back to its financial institutional account electronically at no cost charge. However, a one-time fee will be assessed if Company requests remaining funds be mailed to Company in the form of a check.If a fee is imposed, the fee will be denoted as “Paper Check” on your transaction history/statement. $39.99 One time instance
Card Customization Pricing Annual Fee
Up to 2 Cards (Sole Proprietors) $49.00
Up to 10 Cards $199.00
Up to 20 Cards $299.00
Any additional User / Card $5.99 per additional card
20+ Cards Special Pricing Available, Call us at: 1 (855) 730 7655

Fees Matrix Assessed to the Companion Account

The following fees will be withdrawn from a Companion Card Account and will be assessed at the time of authorization to purchase goods and services everywhere in the United States and International, where MasterCard cards are accepted.

Fee Description Fee Amount Frequency of Charge
Foreign Transaction FeeA fee charged on a transaction in which the merchant is located in a Country other than the U.S. or processes transactions outside of the U.S.If a fee is imposed, the fee will be denoted as “Currency Conversion” on your transaction history/statement. 3% of purchase value Immediate upon authorization

Foreign Transactions.

If you obtain your funds (or make a purchase) in a currency other than U.S. dollars, the amount deducted from your funds will be converted by the MasterCard Card Association into U.S. dollars. The MasterCard Card Association will establish a currency conversion rate for this convenience using a rate selected by the MasterCard Card Association from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate the MasterCard Card Association itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance. Fees may apply for foreign transactions (see fee table).

Companion Card Account Balance and Transaction History.

You, your Trusted Agents and or Companion Card Account members can obtain information about the current available balance on any Companion Card Account by calling 1 (866) 626-394 or visiting https://getdash.io or by accessing information on your mobile iOS or Android supported device. Company will not be assessed a fee to check any Companion Card Account balance using our Authorized Service Provider automated technology. The desktop (https://getdash.io) will display balance information, along with a 60-day history of account transactions on your Primary Account and all Companion Card Accounts, at no charge. The mobile application will display balance information along with a 60-day history of account transaction on your Primary Account and all Companion Card Accounts, at no charge. The Primary Account Owner also has the right to obtain a 60-day written history of account transactions by calling 1 (866) 626-3945 or by writing our Authorized Service Provider at Karmic Labs – Customer Service, 1600 Bryant Street, PO Box 411226 (R), San Francisco, California, 94103-9991. Company may be assessed a fee for obtaining this written history (see “Schedule of Fees and Charges”).

Change in Terms.

We may (a) amend or change the terms and conditions of this Agreement or (b) cancel or suspend any Dash MasterCard Account or this Agreement at any time without prior notice to you, except as required by applicable law. We may revise this Agreement at any time without notification or consent of any Companion Cardholder. Any future revisions will be binding upon Company and all Companion Cardholders and effective immediately upon posting the revised Agreement on the Website. Continued use of any Companion Card(s) and Primary Account constitutes your consent and acceptance of any revisions to the Agreement. If you do not accept an amendment or revision made to this Agreement, your sole and exclusive remedy is for the Primary Account Owner or any Company’s Trusted Agents to cancel all Companion Card(s) and close your Dash MasterCard Account with us. You may also login to the Authorized Service Provider Website, https://getdash.io, for the most up-to-date Agreement.

Cancellation and Suspension.

We reserve the right, in our sole discretion, to limit your use of the Dash MasterCard. We may refuse to issue a Companion Card Account or may revoke Dash MasterCard Account privileges with or without cause or notice other than as required by applicable law. The Primary Account Owner or any of the Company’s Trusted Agents may cancel any Companion Card by calling the Authorized Service Provider at 1 (866) 626-3945 or by logging into your Card Account via the Website https://getdash.io. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Companion Card. Our cancellation of Dash MasterCard Account privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend Dash MasterCard Account privileges through no fault of yours, Company will be entitled to a refund of any remaining balance, as provided in this Agreement.

Companion Card Expiration/Settlement.

Subject to applicable law, Companion Card Account members may use their Companion Cards only through its expiration date, which is stated on the front of the Card.  If they attempt to use their Companion Cards or add funds to their Companion Card Accounts after the expiration date, the transactions may not be processed.  If there is a balance remaining in any Companion Card Account upon expiration, a new Companion Card may be issued to the Companion Card Account member. Companion Card Account members must activate any newly issued Companion Card in order to access the funds in their Companion Card Account.  If we choose not to issue a new Companion Card to the Companion Card Account member or if we cancel the Companion Card Account for any reason, we will attempt to refund to Company the balance remaining in the Companion Card Account less any amounts owed to us (e.g., fees and charges).  The remaining balance will be returned to the Primary Account.

Information Given to Third Parties.

We may disclose information (including personally identifiable information) to third parties about any Primary Account Owner, Trusted Agents, Company Beneficial Owners (those owning 10% or greater stake in the Company), and Companion Cardholder: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of a Companion Card Account for a third party (e.g., a merchant); (iii) in order to comply with any law or to comply with requirements of any government agency or court order; (iv) if you give us your written consent; (v) to service providers who administer your Dash MasterCard or any Companion Card Account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to prevent, investigate or report possible illegal activity; (vii) in order to issue authorizations for transactions on a Companion Card; and (viii) as otherwise permitted by law.

No Warranty of Availability or Uninterrupted Use.

From time to time, services related to your Dash MasterCard may be inoperative. When this happens, you may be unable to use your Primary Account or a Companion Card Account member may not be able to use their Companion Card or obtain information about your Dash MasterCard. Please notify us if any Companion Card Account member has any problems using their Companion Card. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures. Nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

Additional Risk Associated with Use of Business Purpose Cards:

Company agrees it will be responsible for all authorized and unauthorized transactions made through the use of any Companion Card, except as otherwise described in this Agreement. Companion Cardholders will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of a Companion Card. This means liability for the unauthorized use of a Companion Card could be greater than the liability in a consumer prepaid card transaction. You accept and agree to undertake the additional risk and greater measure of liability associated with the use of business purpose cards as described in the Agreement.

How to Notify Us of Lost or Stolen Card, Access Information or Unauthorized Transfers. If you believe your Card or any Access Information has been lost or stolen, immediately call: 1 (866) 626-3945 or write: Karmic Labs – Customer Service, 1600 Bryant Street, PO Box 411226 (R), San Francisco, California, 94103-9991. You should also call the number or write to the address listed above if you believe a transfer has been made using your Primary Account or Access Information without your permission. Company may be charged a fee for a replacement Card (see “Schedule of Fees and Charges”).

Lost or Stolen Companion Card; Unauthorized Transactions or Errors.

A Companion Card Account member should protect his or her Companion Card against theft, loss and unauthorized use with the same level of care that they use to protect the cash in their wallet. Unless otherwise required by law, we will not be liable for unauthorized transactions unless we failed to process the transaction in good faith and in compliance with commercially reasonable security procedures. If a Companion Card and/or PIN has been lost or stolen or you believe someone has made an unauthorized transaction with a Company’s Companion Card and/or PIN (or may attempt to use the Companion Card and/or PIN without permission) or you believe an error has occurred with the Companion Card, you agree to notify us IMMEDIATELY at 1 (866) 626-3945 and in no event later than thirty (30) days of the date of the transaction at issue. This verbal notification must then be promptly confirmed by a written notice to us at Karmic Labs – Customer Service, 1600 Bryant Street, PO Box 411226 (R), San Francisco, California, 94103-9991 When you notify us, you must provide Company’s name, Cardholder’s name, Companion Card number and other identifying details, and describe the error or transaction that you dispute (if applicable). We will cancel the Companion Card, and if our records show that available funds remain in the Companion Card Account, we will issue you a replacement Companion Card loaded with the remaining value. There may be a fee associated with ordering a replacement Card (see “Schedule of Fees and Charges” above). We reserve the right in accordance with applicable law to decline to issue the Companion Card Account member a replacement Companion Card. You agree to assist us in determining the facts relating to any possible unauthorized use or error associated with the Companion Card, and to comply with the procedures we may require for our investigation.

Additional Limits on Liability Under MasterCard Rules.

Unless otherwise required by law or MasterCard rules, We will not be liable for unauthorized transactions unless we failed to process the transaction in good faith and in compliance with commercially reasonable security procedures. Under MasterCard Rules, you (or Company’s Trusted Agents) will not be liable for any unauthorized transactions using your Companion Card Account you can demonstrate that the Companion Card Account member has exercised reasonable care in safeguarding their Companion Card from risk of loss or theft. You (or Company’s Trusted Agents) must notify us within 2 days after the electronic statement was made available to you showing unauthorized transaction(s) in order to take advantage of any such limited liability provisions.

MasterCard Zero Liability Protection

With MasterCard’s Zero Liability Protection, the financial institution and prepaid program manager that issued your MasterCard card in the U.S. won’t hold you responsible for “unauthorized purchases.” Zero liability applies to purchases made in the store, over the telephone, made online, or via a mobile device.   As a MasterCard cardholder you will not be responsible in the event of unauthorized purchases provided that the following preconditions are met:

  • You have used reasonable care in protecting your card information and your card from theft.
  • You have exercised reasonable care in safeguarding your card from any unauthorized use.
  • Unauthorized use means that you did not provide, directly, by implication or otherwise, the right to use your card and you received no benefit from the “unauthorized” purchases.
  • You have promptly reported to  cardholder customer service 1 (866) 626-3945 when you knew that your MasterCard was lost or stolen.

If you believe there has been unauthorized use on your account and you meet the conditions above, rest easy knowing you have the protection of MasterCard’s zero liability promise. 

What To Do

If you have questions regarding Zero Liability coverage or you suspect unauthorized use of your card, contact cardholder customer service 1 (866) 626-3945 or prepaid program manager IMMEDIATELY. 

Disclaimer of Warranties.

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD(S) OR CARD ACCOUNT, OR RELATING TO OR ARISING OUT OF THIS AGREEMENT AND THE SERVICES CONTEMPLATED HEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability.

We shall have no liability to you if we are unable to complete a transaction for any reason beyond our control. In no event shall we be liable to you for any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. This provision shall not be effective to the extent prohibited by law. Questions. The Authorized Card Servicer, as the third party that administers the Card program, is responsible for customer service and for resolving any errors in transactions made with your Card. If you have questions regarding your Card, you may call 1 (866) 626-3945 or write Karmic Labs – Customer Service, 1600 Bryant Street, PO Box 411226 (R), San Francisco, California, 94103-9991, or visit our Website, https://getdash.io.

Communications.

We may contact you from time to time regarding your Dash MasterCard Account. We may contact you in any manner we choose unless the law says that we cannot. For example, we may:

(1) contact you by electronic communications; (2) contact you by mail, telephone, email, fax, recorded message, text message or personal visit; (3) contact you by using an automated dialing or similar device (“Autodialer”); (4) contact you at your home and at your place of employment; (5) contact you on your mobile telephone; (6) contact you at any time, including weekends and holidays; (7) contact you with any frequency; (8) leave prerecorded and other messages on your answering machine/service and with others; and identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it.

Our contacts with you about your Dash MasterCard Account are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law says we cannot, we may suppress caller ID and similar services when contacting you regarding your Dash MasterCard Account. When you give us your mobile telephone number, we may contact you at this number using an autodialer and can also leave prerecorded and other messages.

If you ask us to discuss your Dash MasterCard Account with someone else, you must provide us with authorizing documents that we ask for and that are acceptable to us.

Notification of Changes.

If your U.S. mail or postal address, or your email address or telephone number changes, you must notify us immediately. Failure to do so may result in information regarding the Dash MasterCard or Companion Card Account being delivered to the wrong person or your transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in any Companion Card Account. Company must notify us immediately in the event of the insolvency, receivership, conservatorship, bankruptcy or reorganization of Company or change in principal owners. Company must also notify us immediately in the event of the insolvency or bankruptcy of any guarantor of the Dash MasterCard Account. Company’s Companion Card(s) and Dash MasterCard Account may be terminated by us in the event a change of control, reorganization, restructuring, conversion, consolidation, division or merger of Company. We may require at our discretion that any new owner or principal of the Company to be a guarantor of the Dash MasterCard Account. Any notice given by us shall be deemed given to you if delivered to you at the last email or mailing address for the Card Account furnished by you. You agree that we may accept changes of address from the U.S. Postal Service. You also agree that if you attempt to change your address to a non-U.S. address, your Dash MasterCard Account may be cancelled and funds returned to you in accordance with this Agreement. We reserve the right to request copies of certain information that will allow us to confirm the identify Company, Primary Account Owner and Trusted Agents. Information may include, but is not limited to; address, corporate organizational documents and certificates, and federal employer identification number (EIN). Personal information which may be collected from Company’s principal owners, representatives authorized to act on behalf of Company, and Cardholders includes, but is not limited to; name, address, phone number, date of birth, social security number or individual tax-payer identification number (ITIN), driver’s license and/or passport.

Governing Law, Court Proceedings, Damages, Arbitration:

Except as set forth in the Waiver of Jury Trial and Arbitration Agreement below, (1) this Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the State of Minnesota; (ii) any action or proceeding with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in the State of Minnesota; and (iii) you agree to pay upon demand all of our costs and expenses, including attorney fees, incurred in connection with the enforcement of this Agreement. If we are served garnishments, summonses, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction. We may charge you the costs of compliance, including reasonable attorney fees, with all such requests if permitted by applicable law.

PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS WE EXERCISE OUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.

Agreement to Arbitrate.

You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration, unless we elect to opt out of Arbitration by filing an initial action in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of Minnesota (without applying its choice-of-law rules).

What Arbitration Is.

Arbitration” is a means of having an independent third party resolve a Dispute. A “Dispute” is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to your application for a Dash MasterCard and whether or not a Dash MasterCard is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.

For purposes of this arbitration agreement, the terms “you” and “your” include any Primary Account Owner, Trusted Agents, and Companion Card Account members and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms “we,” “our,” and “us” mean the Bank and include employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns the Bank as well as the marketing, servicing, and collection representatives and agents of either or both.

How Arbitration Works.

If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration complaint must choose either of the following arbitration firms for initiating and pursuing arbitration: the American Arbitration Association (“AAA”) or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:

American Arbitration Association 1633 Broadway, 10th Floor New York, NY 10019 Web site: www.adr.org Telephone (800) 778-7879

JAMS, The Resolution Experts 1920 Main Street, Suite 300 Irvine, CA 92614 Web site: www.jamsadr.com Telephone (949) 224-1810 or (800) 352-5267

In the event both AAA and JAMS are unavailable to decide a Dispute, the parties agree to select another neutral party experienced in financial matters to decide the Dispute. If such an independent arbitrator cannot be found, the parties agree to submit any Dispute to a state or federal judge, sitting without a jury, for resolution on an individual and not a class-wide basis.

The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement. To the extent the arbitration firm’s rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.

Arbitration Costs.

The parties must pay their respective filing fees and other costs or fees of arbitration.

Location of Arbitration.

The arbitration will be conducted in the county where you reside unless we elect, in our sole discretion, for the arbitration to be conducted in Minneapolis, MN. We must notify you within ten (10) business days of a notice of arbitration if we choose to conduct the arbitration in a location other than the county where you reside. We and you may also mutually agree to a different location for the arbitration.

Waiver of Rights.

You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or any other arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.

Applicable Law and Review of Arbitrator’s Award.

The arbitrator shall apply applicable federal and Minnesota substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation, the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The arbitration award shall be binding unless grounds exist under the Federal Arbitration Act for vacating, modifying, or correcting an award.

Survival.

This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this arbitration provision, the Agreement or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity.

Attorney Fees and Costs.

You agree to pay all costs incurred by us or our successors or assigns in collecting unpaid indebtedness or in enforcing this Agreement, including attorneys’ fees and costs, as well as those costs, expenses and attorneys’ fees incurred in appellate, bankruptcy, and post-judgment proceedings, except to the extent such costs, fees, or expenses are prohibited by applicable law.

Assignability.

We may assign or transfer our rights and obligations under this Agreement at any time without prior notice to you. The Dash MasterCard and your obligations under this Agreement may not be assigned by you. Notwithstanding the foregoing, this Agreement shall be binding on you and your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.

Miscellaneous Provisions:

When any provision in this Agreement states that we may take certain actions, we may do so in our sole discretion. We do not waive our rights by delaying or failing to execute them at any time. To the extent permitted by law and as permitted by the Waiver of Jury Trial and Arbitration above, you agree to be liable to us for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving the DASH Card. If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.

Customer Service For all customer service information regarding the DASH Card, please contact: 1 (855) 730-7655 or Karmic Labs – Customer Service 1600 Bryant Street PO Box 411226 (R) San Francisco, California, 94103-9991

This Agreement is effective November 15, 2014.