Terms of Service

SwiftChange Terms of Service

Last Updated: September 12, 2017.

 

SwiftChange, Inc., a Delaware corporation (“SwiftChange”) provides a mobile application (“Application”) that allows its customers to electronically receive money in coins or notes returned after cash payment (“Change”) following the completion of a cash transaction, via the use of our Application on their smart phone devices at the point of sale.  By removing the inconvenience of having to carry Change and by facilitating the direct transfer of such Change directly into their accounts with the simple use of Swiftchange’s mobile Application, SwiftChange enables its customer base to accumulate additional savings over time.   In short, SwiftChange provides a simple, user-friendly mobile application for both customers and businesses that facilitates an electronic transfer of Change after a cash transaction. 

 

You must be at least eighteen (18) years of age to use any services of SwiftChange, including the Application, and you must have a valid, separate bank account in order to redeem your balances in your Account.

In order to use the payment functionality of SwiftChange’s application (the “Application”), you must open a "Access API" account provided by Dwolla, Inc. ("Dwolla") and you must accept the Dwolla Terms of Service and Privacy Policy, in addition to your acceptance of the Terms herein.  Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service.

You authorize us to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data.  You understand that you will access and manage your Dwolla account through our Application, and account notifications will be sent by us, not Dwolla.  We will provide customer support for services relating to the use of the mobile Application, and can be reached at www.getswiftchange.com or via info@getswiftchange.com. By accepting these terms you also agree that actual purchases by Personal Account holders from Businesses Account holders will be handled outside of the Dwolla system.

As used herein, “Business Account” means an Account established primarily for business purposes and not primarily for personal, family, or household purposes; for Business Accounts, you will be required to provide information concerning your business as such Federal Tax ID (EIN) of the business, business address, entity type (i.e., corporation, LLC, sole proprietorship, etc) and information concerning the authorized representative for the business; “Personal Account” means an Account established primarily for personal or family purposes and not primarily for business , non-profit or government purposes.

 

It is important that you read and understand these Terms as they govern your use of the services as provided through our Application.  These Terms contain a binding arbitration provision, which affects your legal rights and may be enforced by the parties. 

By accessing or using SwiftChange’s Application and/or any services of SwiftChange, you accept and agree to be bound by these Terms.  If you do not agree to these Terms, you must immediately stop using our services, including the Application.

We may amend these Terms at any time by posting a revised version on our website or any other website we maintain for purposes of providing the services through our Application.  Amended Terms are effective at the time we post them and your continued use of our Application constitutes your acceptance of any amended Terms.  We may provide you with notice regarding upcoming Terms changes by email. 

  • Using SwiftChange’s Application.

    • SwiftChange provides a mobile application platform.   Through our Application with, you will have the ability to set a goal (i.e., balance transfer parameters) and receive electronic payments of change directly into your linked bank account.  You should, however, be aware that all funds transfer services are provided through the services of Dwolla, Any funds recorded as a balance in your Dwolla Account may be held in one or more pooled holding accounts held by Dwolla and/or its financial institution partners (each being a “Holding Account”).  THE FUNDS HELD IN SUCH HOLDING ACCOUNT ARE NOT ELIGIBLE FOR FDIC INSURANCE, OR INDIVIDUAL INSURANCE AND MAY NOT BE ELIGIBLE FOR SHARE INSURANCE OFFERED BY THE NATIONAL CREDIT UNION SHARE INSURANCE FUND.   IN THE EVENT OF A FINANCIAL INSTITUTION PARTNER RECEIVERSHIP, YOU MAY LOSE VALUE OR ALL VALUE IN YOUR HOLDING ACCOUNT.

    • Your privacy. Your privacy is very important to SwiftChange. When you register for an Account, you confirm that you have read and accepted the SwiftChange Privacy Policy.

    • Accuracy of information. When you register for an Account, you may be required to provide information that will allow us to verify your identity, including but not limited to: a valid US physical address (not including P.O. Boxes or commercial mail receiving agencies), phone number, bank or credit union account information, a copy of your photo identification, and your tax identification or social security number.  You agree to provide true and accurate information to SwiftChange when you create your Account.  You also agree to update this information to keep it true and accurate at all times.

    • Authentication. You may be required to provide additional information or documentation to allow SwiftChange to verify your identity and/or your account information.

    • Password security.  You are responsible for keeping your Account login information and password secure.  If you share your Account credentials with another person, you are responsible for all activity that person conducts using your Account, regardless of whether or not you authorized the activity.  SwiftChange will never ask you for your Account credentials.

    • No endorsement of products.  SwiftChange will not provide any endorsements or guarantees for any individual or entity using SwiftChange’s Application, the Dwolla software and services, nor any third party offers, goods or services featured on our or the SwiftChange websites.  Information regarding third party offers, goods, and services is provided on the SwiftChange websites for informational purposes only, and may not be true, accurate, or reliable.

 

  • Consent to receive electronic Communications.

    • Communications.  By opening an Account and using the SwiftChange Application, you consent to receive all Communications from SwiftChange electronically and you confirm that you can access, receive and retain such Communications. “Communications” means all communications, terms, disclosures, notices, and statements that SwiftChange provides to you in connection with your Account and your use of the Application. We provide Communications to you by posting them on our website or by emailing them to you at the email address associated with your Account.

    • Notices to you. A Communication will be considered to be received by you within 24 hours after the time we post it to our website or email it to you.

    • Keeping your contact information updated. You must keep your email address updated in order to receive Communications from SwiftChange electronically. To update the email address associated with your Account, log into your Account and access the settings menu.

    • How to contact us regarding electronic Communications. If you have any questions regarding our policy on electronic Communications, please email us at info@getswiftchange.com.

 

  • Fees

    • Facilitator Fee. SwiftChange will charge you a percentage based bank transfer fee ranging between 0% and 7.0% whenever you initiate a transfer of your current balance from your Account to your linked bank account or reach the predetermined goal set by you.  The exact percentage amount charged will be disclosed and displayed in the SwiftChange APP once you have set your goal and shall be dependent on (i) the goal value that you have set, (ii) if you redeem your amount in your Account prior to your set goal and/or (iii) any promotions established by SwiftChange.  SwiftChange reserves the right to modify the percentage based bank transfer fee that SwiftChange may charge, provided that SwiftChange will provide you at least 30 days written notice to you prior to implementing any fee change.

 

  • Transaction limits.

  1. Account limits. Personal Accounts are limited to only receiving funds and cannot send money to other customers or pay businesses with their balance. The maximum amount a customer can redeem to their bank account is determined by the maximum goal set in the SwiftChange APP. When a customer reaches their set goal, this will initiate an automatic bank transfer equal to the goal amount minus the bank transfer fee. Any amount that is over this goal at the time the bank transfer was initiated will remain in the customers balance for continued use.

  2. Business Accounts are limited to sending $10,000.00 per transaction.  These accounts will be debited daily and the funds from such transaction will be transferred to the respected customer accounts. We reserve the right to decrease your sending limit at any time, for any reason. 

 

 

 

  • User conduct.

    • Restricted activities.  You agree that in connection with your use of any of our services (including the Application) and your interactions with SwiftChange, you will not:

      • Breach these Terms or any other applicable terms or policies of SwiftChange, that you have accepted;

      • Provide false or inaccurate information to SwiftChange, including identity information;

      • Engage or attempt to engage in illegal or fraudulent activities;

      • Engage in transactions involving illegal goods, including but not limited to counterfeit goods, stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety (including synthetics, “potpourri not for human consumption”, and other similar items)

      • Engage in transactions involving illegal services, including but not limited to counterfeit services, illegal gambling, Ponzi and/or pyramid schemes, and money laundering;

      • Engage in transactions involving debt collection services;

      • Engage in transactions involving escort services;

      • Engage in transactions involving the purchase, sale, or exchange of Virtual Currency or provide a Virtual Currency marketplace or exchange;

      • Engage in the following activities without SwiftChange’s prior written consent: transactions related to online gambling, or activities regulated by FinCEN, including money services business activities and payday lending;

      • Attempt to receive or actually receive duplicate compensation for a disputed payment from SwiftChange; or

      • Engage in activity that indicates, in the discretion of SwiftChange, that there may be a high level of risk associated with you, your Account, or any of your Account activity.

 

  • Disputes with other SwiftChange users.

    • Dispute resolution. You understand and agree that SwiftChange will not be responsible for the goods or services that you pay for outside of the Application. As a Personal Account holder you understand and agree that SwiftChange will not be responsible for the Change amount given by a Business Account. You are responsible for resolving any disputes that you may have with a Business.  If you have exhausted all options for resolving a dispute with a Business, please email info@getswiftchange.com

 

 

  • Your liability and actions we may take.

    • Your liability. You are responsible for all reversal fees (“Reversals”), claims, fees, fines, penalties, and other liability incurred by SwiftChange, arising from your breach of these Terms or your use of the Application. You agree to reimburse SwiftChange for any and all such liability.

    • Actions we may take.  If we determine, in our sole discretion, that you may have breached these Terms, that you or your Account activity presents risk or security concerns, or if we are unable to verify your identity, we may take actions to protect SwiftChange and our users, or other third parties from Reversals, claims, fines, penalties, and any other liability. These actions may include, but are not limited to, the following:

 

  • Suspending your access to your Account;

  • Closing your Account;

  • Update inaccurate information your provided to us;

  • Refusing to provide the SwiftChange services to you in the future; and

  • Taking legal action against you.

  • Notice of limit or suspension. We will provide you with notice if we take any of the above actions against your Account.  If we limit or suspend your Account, we will provide you with notice of our action.

 

  • Unauthorized transactions and Error resolution.

    • Notify SwiftChange Account Errors. Contact SwiftChange immediately at info@getswiftchange.com if you think that: (a) your Account has been accessed without your authorization, (b) a transaction that you did not authorize has occurred, (c) a transaction has been processed incorrectly to or from your Account, or (d) your Account statement contains an error regarding your transaction history (each, an “Error”).

 

  • Termination.

    • By you. You may stop using the Application at any time. You may also close your Account at any time, as long as you have no pending transactions or open Disputes, by contacting us at info@getswiftchange.com.  You will be required to withdraw any SwiftChange Balance before closing your Account.

    • By us.  We may close your Account or terminate your access to our services without liability, for any reason, upon notice to you.  Reasons for termination may include, but are not limited to, your violation of these Terms or any other applicable terms or policies of SwiftChange or Account inactivity, or our assessment that you pose an unacceptable risk to SwiftChange, based on our confidential risk and security criteria.  We reserve the right to modify or terminate the services of SwiftChange (including the use of the Application) at any time, for any reason.

 

 

  • General terms.

    • Indemnification. You agree to defend, indemnify and hold harmless SwiftChange, and our and their respective officers, directors, agents, employees, and suppliers from any third party claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys' fees and other litigation expenses) arising from: (a) your violation of these Terms or any other applicable terms or policies of SwiftChange; (b) your use of the Application and any services of SwiftChange; or (c) your negligence or willful misconduct; or (d) your actual or alleged violation of any third party rights, or any applicable laws, regulations or rules; and/or (e) your inability or failure to redeem any balance in your Account in the event that you do not maintain a valid, active separate bank account.  This indemnity section shall survive the termination of your relationship with SwiftChange.

    • Limitation of liability. IN NO EVENT SHALL SWIFTCHANGE OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES INCURRED IN CONNECTION WITH: (i) THESE TERMS, (ii) YOUR USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE APPLICATION OR (iii) ANY GOODS OR SERVICES PURCHASED, RECEIVED, OR PAID FOR USING THE APPLICATION UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER SWIFTCHANGE,  HAS DWOLLA OR OUR FINANCIAL INSTITUTION PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL SWIFTCHANGE AND THE LIABILITY OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS EXCEED THE FEES SWIFTCHANGE HAVE RECEIVED FROM YOU THROUGH YOUR USE OF THE APPLICATION. SWIFTCHANGE SHALL NOT BE JOINTLY LIABLE FOR ANY MATTERS HEREUNDER. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    • No warranty. THE SERVICES BY SWIFTCHANGE THROUGH OUR MOBILE APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. USE OF SWIFTCHANGE’S MOBILE APPLICATION IS AT YOUR OWN RISK. SWIFTCHANGE AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SWIFTCHANGE, HAVE NO CONTROL OF, OR LIABILITY FOR, ANY PRODUCTS OR SERVICES THAT ARE PAID FOR USING THE SERVICES OF SWIFTCHANGE (INCLUDING ITS APPLICATION) AND CANNOT ENSURE THAT ANY THIRD PARTY YOU TRANSACT WITH WILL COMPLETE THE TRANSACTION. SWIFTCHANGE, DOES NOT REPRESENT NOR WARRANT THAT THE SERVICES OF SWIFTCHANGE (INCLUDING ITS MOBILE APPLICATION) WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWIFTCHANGE OR SERVICES OF SWIFTCHANGE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SWIFTCHANGE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE PROCESSING, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS OR THE SERVICES OF SWIFTCHANGE. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    • Force majeure.  You understand and agree we will not be held responsible for any losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond our control.  In such an event, SwiftChange may suspend the operation and use of the mobile Application, including all services of SwiftChange. 

    • Assignment. You may not transfer or assign any rights or obligations you have under these Terms.  SwiftChange reserve the right to transfer or assign any rights or obligations under these Terms at any time.

    • Applicable law. You agree that the laws of the State of California, without regard to principles of conflict of laws, govern these Terms and any claim or dispute that has arisen or may arise between you and SwiftChange.

    • Complete agreement, no waiver, and survival. These Terms, along with any applicable terms and policies of SwiftChange that you have agreed to, set forth the entire understanding between you, SwiftChange with respect to the services of SwiftChange and the use of SwiftChange’s mobile Application. Any failure of SwiftChange to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any provision of these Terms held to be invalid or unenforceable under applicable law shall be struck, and the remaining provisions will continue in full force and effect.

 

Copyright 2017 SwiftChange, Inc.

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