Last Modified: December 6, 2017
This American Express Serve Cash Back Consumer User Agreement (“Agreement”) contains the terms and conditions that apply to your use of the Service. It is a contract between you and us, and by registering for or being authorized to use the Service you agree to be bound by the terms and conditions of this Agreement (including all agreements and policies referenced in this Agreement or otherwise applicable to use of specific features of the Service which are required to be agreed to and accepted before use of such specific features). If you do not agree to the terms and conditions of this Agreement (including all agreements and policies referenced in this Agreement or otherwise applicable to use of specific features of the Service which are required to be agreed to and accepted before use of such specific features), you may not use or access the Service.
Read this Agreement (and any future amendments) carefully and print and retain a copy for your records.
In addition to certain capitalized terms defined throughout this Agreement, the defined terms set forth in Section 21 shall apply to this Agreement.
We may change the terms of, or add new terms to, this Agreement at any time, with or without cause, and without giving you notice, subject to Applicable Law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with Serve at our sole discretion at any time, with or without cause, and without giving you notice, subject to Applicable Law. We reserve the right, subject to Applicable Law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated Agreement on the Serve Site or delivering notice of changes to you electronically to the e-mail address you have provided for your Account if you have given us consent to do so.
The terms applicable to the Serve Cash Back program (the "Cash Back Program" or "Program") are contained in Section 20 of this Agreement.
IMPORTANT INFORMATION ABOUT OPENING A NEW ACCOUNT AT SERVE
To help the U.S. Government fight terrorism and money laundering, Federal law requires us to obtain, verify and record information that identifies each person who opens an account. What this means for you: when you open an account, we will ask for your name, a street address, date of birth, and an identification number, such as a Social Security number, that Federal law requires us to obtain. We may also ask to see your driver’s license or other identifying documents that will allow us to identify you. We appreciate your understanding and cooperation.
The Service allows you to establish an Account to facilitate payment transactions using electronic payment networks and certain other electronic methods. Individuals may also receive a Card which may be used to conduct certain transactions through the Service after the Card is activated. Where a Sub-Account has been opened, certain transactions may also be conducted through the Sub-Account or a Sub-Account Card and where a Reserve has been opened, certain transactions may also be conducted by the Accountholder using a Reserve. When you use the Service, you are authorizing us to act as your agent only with respect to holding, sending, or receiving funds. For all other purposes of this Agreement, we are an independent contractor.
Except as required by Applicable Law, we are not responsible for and do not have any liability for any goods or services purchased or paid for through the Service, including if a product or a service you purchased is unsafe, is not delivered, breaks, is different than as represented, or otherwise does not meet your needs or expectations. If a problem arises with the product or service you purchased from a third party (e.g., a merchant), or if another User does not send funds you requested or are owed, you need to resolve your issue directly with the third party or other User. We do not guarantee that (i) the person placing an order for goods or services is in fact a person authorized to use the applicable Account (ii) the person making the transaction is in fact the person he or she is purporting to be; (iii) the person purporting to sell goods or services is in fact the seller; (iv) the transaction is in fact valid or bona fide; (v) you will be paid for the transaction; or (vi) you will not be subject to a Chargeback.
Please note that eligible purchases made with your Serve Account may be protected against accidental damage or theft for up to 90 days from the date of purchase. Please refer to the Purchase Protection♦ benefit described in Section 23.b.
If you wish to return any merchandise purchased with an Account, Card, Sub-Account or Sub-Account Card, you will be subject to the merchant’s return policies. If the merchant agrees to issue a credit to the Account, Card, Sub-Account or Sub-Account Card such funds may not be available for use for seven (7) days or longer. Please note that you may not have credit(s) for returned merchandise post to your Account, Card, Sub-Account or Sub-Account Card unless the returned merchandise was originally purchased with your Account, Card, Sub-Account or Sub-Account Card. In the event credit is issued on a return of merchandise not originally purchased with your Account, Card, Sub-Account or Sub-Account Card, such credit(s) may be treated as an invalid transaction and can result in suspension and/or closure of your Account, Card, Sub-Account or Sub-Account Card, as well as such credit(s) being deducted from your Account, Card, Sub-Account or Sub-Account Card and sent back to the merchant of record. If you return merchandise that, when originally purchased, was subject to an offer or other promotion that resulted in a credit to your Account, any return of such merchandise will result in the credits being deducted from your Account.
Articles, guides, comments, videos and any other materials or content made available via the Service (“Service Content”) do not reflect our opinions or analysis or those of our Affiliates or our content providers. You may not copy, modify, re-publish, transmit, or distribute the Service Content. We and our content providers are not responsible or liable for, and do not validate, endorse or make any representations about the accuracy, completeness, legality, or reliability of any information, opinions, assertions or statements expressed in any Service Content. Service Content is provided for informational and entertainment purposes only and does not, and should not be relied upon to, replace the advice of your own professional legal, tax and financial advisors. Any reliance on the Service Content is at your own risk. Under no circumstances will we, our Affiliates or our content providers be responsible for any loss or damage resulting from your reliance on Service Content. Service Content is provided “AS-IS” and we and our content providers expressly disclaim all warranties, express or implied (including, without limitation, fitness for a particular purpose or non-infringement) with respect to Service Content.
You must be at least eighteen (18) years of age (or nineteen (19) years of age if you reside in a state where the age of majority is nineteen (19)), reside in the U.S. and not be a business in order to register for the Service and open an Account under this Agreement. As described in Section 7 below, under certain circumstances Sub-Account Users may qualify for a Sub-Account if they are thirteen (13) years of age or older. The Accounts covered by this Agreement are intended for consumer use only. If you are a business and wish to open an account with us, please call us at 1-800-954-0559. Registered users of the OneVIP™ from American Express Serve, or any other American Express Serve-branded prepaid reloadable account are not currently eligible to register for an Account or open an Account. In addition, after you register for the Serve Service, you will not be eligible to register for the OneVIP from American Express Serve or any other American Express Serve-branded prepaid reloadable account for as long as you maintain an Account.
To open an Account, you must register for the Service and establish an Account online at www.serve.com or through the Serve Mobile Application. Individuals who establish an Account and satisfy the necessary verification requirements, including email verification, will be sent a Card linked to the Account, which can be activated by contacting us as instructed on the Card and providing the required information or by logging in to your Account at www.serve.com. Until you verify your e-mail address and activate the Card linked to your Account, your Account privileges will be limited. Transactions conducted using a Card will be funded from the linked Account or as otherwise provided in this Agreement. If a Sub-Account is established by an Accountholder, the Sub-Account Users will be issued a Sub-Account Card, which will also require activation. Transactions conducted using a Sub-Account or Sub-Account Card will be funded from the Master Accountholder’s Account or as otherwise provided in this Agreement. You may only have one Account or Sub-Account, and although you may associate more than one of your email addresses with such Account or Sub-Account, one primary and any additional email addresses will be secondary.
Once you establish an Account, in accordance with Section 10, a Monthly Fee will be charged to your Account during every monthly statement period unless a waiver, exception, or other promotional program applies. Your monthly statement period will begin on the date you successfully sign up for an American Express Serve Cash Back Account. You will see the Monthly Fee listed in your Periodic Statement and Account Transaction History. The Monthly Fee will be withdrawn from your Available Funds and will be charged as long as there is a remaining balance on your Account, except where prohibited by law. If you have no Available Funds in your Account, we will next look to your Reserve (if applicable), followed by your Sub-Account(s), to charge the Monthly Fee.
NOTE: There is no Monthly Fee for residents of NY, TX and VT.
Pursuant to special programs we may offer in conjunction with select partners, you may register for an Account through the select partner and receive a Serve Card which allows you to use the Service on a limited basis (a “Provisional Account”). PLEASE NOTE: A Provisional Account does not confer all of the rights and capabilities of a fully registered Accountholder as further described herein. Specifically, with a Provisional Account you will not be able to: (a) add or load funds into your Provisional Account by a credit card, Cash Funding source or Direct Deposit, (b) receive funds from another User (peer-to-peer Receive Money transaction),(c) send, transfer or transmit funds to another User (peer-to-peer Send Money transaction), or (d) open Sub-Accounts until you proceed to and complete an Account registration (either a full registration or any other partial registration we may deem acceptable at a future date) and such registration is confirmed by us. Full registration for an Account requires, among other things, that you provide us with information that may include your date of birth, address, Social Security Number and other identifying information, all subject to verification. Account privileges are determined and may be modified by us in our sole discretion. Specific Account privileges are provided to the User upon completion of registration and Account approval. Provisional Accounts are not available to individuals already holding an Account or a OneVIP™ from American Express Serve or any other American Express Serve-branded prepaid reloadable account and may be subject to such other limits and restrictions as we may set from time to time.
When you register for the Service, you will select a personal identification number (“PIN”) that may be used to access the Service and authorize transactions, as well as a password and a security question and answer. You must keep your PIN and password confidential and not disclose them to others. You should not write or keep your PIN or password with information regarding your Account or Card, or if you have a Sub-Account you should not write or keep your PIN or password with information regarding your Sub-Account or Sub-Account Card.
WARNING: If you believe that anyone has accessed your PIN or password without your authorization, you should INFORM US immediately and change your PIN and/or password immediately to avoid unauthorized use of your Account or Sub-Account, Card or Sub-Account Card. Follow the procedures set forth in Section 14 to do so. If you lose or cannot remember your PIN, you will need to change it online on the Serve Site.
You agree to cooperate with all requests made by us, or third parties on our behalf, to identify you, authenticate your identity, validate your funding sources, verify your wireless telephone number and account, or verify your transactions. To the extent allowed by Applicable Law, you agree that we may make any credit, employment and investigative inquiries or reports as we deem appropriate in connection with the opening, issuance, funding, loading, reloading, review, suspension or termination of your Account, Card, Sub-Account or Sub-Account Card, or any applicant to be a User or Sub-Account User. These inquiries may include inquiries to credit reporting agencies, check databases, or other consumer reporting agencies.
After you register for the Service, you must verify your email address by clicking on the link in the email you receive from us. If you do not successfully verify your email address, your Serve Account privileges will be limited, and, for example, you will not be able to send, request or receive payments through the Service, accept funds sent to you by another User, transfers funds to a Sub-Account to the extent we allow you to do so, or receive a Card or, if applicable, Sub-Account Card. In addition, until you activate the Serve Card linked to your Account, your Account privileges will be limited. In particular, until you activate your Serve Card, you will not be able to load or add money to your Account by Direct Deposit or using a credit, debit, or debit/payroll card or ACH funding source and we may restrict your ability to add money using certain other funding sources and your ATM withdrawal access will be limited.
You will be liable for all transactions and fees arising from any use of the Service and any use of your Account (including your Reserve), Card, and, as applicable, linked Sub-Account or Sub-Account Card(s) by an Authorized User.
If you permit another person to use your Account, your Card, a linked Sub-Account or Sub-Account Card or withdraw money from or send money to your Account or, as applicable, a Sub-Account, you will be responsible for any transactions made and any fees incurred by such person. You will be liable for these transactions and fees even if the person that you permitted to use your Account, Card, and, as applicable, linked Sub-Account or Sub-Account Card(s) exceeds the scope of the authority that you gave (such as if you authorized the person to make one small purchase, but the person disregarded your instructions and made a number of large purchases).
You should permit a person to use your Account, Card, and, as applicable, a linked Sub-Account or Sub-Account Card only if you trust that person to honor your instructions and limitations. If you have given a Card or Account or, as applicable, linked Sub-Account or Sub-Account Card information to a person that you no longer trust, you must notify us immediately to close the Account or, as applicable, linked Sub-Account or Sub-Account Card.
Each individual may only register for one Account and therefore, receive one Card. We may, under the terms of a program we may sponsor or promote from time to time, offer you the opportunity to convert your Card to a co-brand version of the Card. The co-branded Card, when selected, issued and activated, will replace your original Card and you will no longer be able to use your original Card.
Please note: After you register for the Service, you must verify your email address by clicking on the link in the email you receive from us. If you do not successfully verify your email address, your Serve Account privileges will be limited, and, for example, you will not be able to send, request or receive payments through the Service, accept funds sent to you by another User, transfers funds to a Sub-Account to the extent we allow you to do so, or receive a Card or, if applicable, Sub-Account Card. In addition, until you activate the Serve Card linked to your Account, your Account privileges will be limited. In particular, until you activate your Serve Card, you will not be able to load or add money to your Account using a credit, debit or debit/payroll card or ACH funding source and we may restrict your ability to add money using certain other funding sources.
A Card or Sub-Account Card is not a payroll card and cannot be used to pay wages, compensation (including bonuses or incentive payments), or benefits to anyone. We may allow you to use the Card or Sub-Account Card (if properly authorized) to obtain cash from participating ATMs in the U.S. that permit American Express transactions, including at MoneyPass® Network ATMs (MoneyPass® Network ATMs are not available in all areas, including the U.S. Virgin Islands; go to www.moneypass.com for a MoneyPass® ATM Locator) or for point of sale or online payment for goods and services at retailers and other merchants that accept Cards internationally, subject to the terms and conditions of this Agreement and the amount of Available Funds in an Account, or as applicable, the amount of Available Funds in a Sub-Account. This includes mail order and brick and mortar establishments.
If we make this functionality available on your Account, your Card may be for point of sale payment for goods and services at retailers or online and other merchants outside of the United States that accept Cards. Please note international access is not available to Accountholders who are Vermont residents or to Sub-Accountholders.
Your Card is eligible and may be registered to participate in and redeem offers made available from time to time through the Amex Offers Program. For the terms and conditions of this Program and for more information, please visit https://sync.americanexpress.com/Partner/Terms.
Please note that online transactions conducted directly on the Serve Site must be done using your log in credentials for your Account or Sub-Account; such transactions may not be done using a Card or a Sub-Account Card.
Cards and Sub-Account Cards may not be used for any type of illegal activity or prohibited sale or gambling or as otherwise prohibited by this Agreement, and you agree not to engage in any such illegal or prohibited activity when you use (or allow others to use) your Account, with a Card and/or Sub-Account Card. See also Sections 11 and 20 for a list of representative restricted activities which are prohibited under this Agreement and the Serve Cash Back Program.
We reserve the right to change the amount of your Card or Sub-Account Card transaction limits in our sole discretion and will give you notice of such changes in accordance with Applicable Law. NEITHER THE CARD NOR THE SUB-ACCOUNT CARD IS A CREDIT CARD, CHARGE CARD, DEBIT CARD LINKED TO A DEMAND DEPOSIT ACCOUNT, OR GIFT CARD AND CANNOT BE REDEEMED FOR CASH, EXCEPT AS REQUIRED BY APPLICABLE LAW or as otherwise permitted by this Agreement.
We will send an Accountholder a Card after registration for an Account and your submission and our receipt and verification of the information required for this Account feature. An Accountholder may also request information about a Card by calling Customer Service.
Cards and Sub-Account Cards must be activated. The PIN set during your Account registration will apply to any Card you receive. For Sub-Account Cards, unless the Accountholder who opened the Sub-Account (“Master Accountholder”) blocked the Sub-Account Card’s cash access or other relevant features, or we impose other limitations on the use of the Sub-Account, you may use your Sub-Account Card and PIN to obtain cash access at participating ATMs. Do not write or keep your PIN with your Card or Sub-Account Card. If you believe your PIN has been compromised, or you otherwise need to request a change in your PIN, please immediately call Customer Service. To get cash, use the “withdrawal from checking” option at a participating ATM. Acceptance within ATM networks may change at any time. Use of the Card or Sub-Account Card at an ATM is also subject to all applicable fees, surcharges, rules and customs of any clearinghouse, ATM network or other institution or association involved with the transaction. We may impose a fee to obtain cash at participating ATMs in accordance with our fee schedule, and the owner or operator of the ATM may also impose a fee.
Other than as permitted by this Agreement, neither your Card nor Sub-Account Card are transferable and you agree not to permit any other person to use your Card or Sub-Account Card. You must notify us to revoke permission for any person previously authorized to use your Card or Sub-Account Card. If you tell us to revoke your permission for another person to use your Card or Sub-Account Card, we may cancel the Card or Sub-Account Card issued to that person and issue you a new Card or Sub-Account Card with a different number, or take other actions in accordance with this Agreement. You are wholly responsible for the authorized use of each Card and Sub-Account Card linked to your Account or Sub-Account in accordance with this Agreement. Unless Applicable Law provides otherwise, you will be responsible for any use by a person who you authorized to use the Card or Sub-Account Card, even if that person does not honor your instructions or disregards any limits on use that you communicated to that person. The Accountholder or Sub-Accountholder must sign his/her signature on the back of his/her Card or Sub-Account Card, where indicated.
Where applicable, present the Card or, as applicable, Sub-Account Card to the merchant at the time of payment and sign the receipt with the same signature you used when you signed the back of the Card or Sub-Account Card. You agree to use the Card or the Sub-Account Card only at merchants in accordance with the terms and conditions of this Agreement and only for lawful purposes.
Depending upon the merchant’s policy, you may be able to use your Card or Sub-Account Card with another form of payment, such as cash, check or another card, to make a purchase. This is known as a “Split Tender Transaction.” Where you want to make a purchase using a Split Tender Transaction, ask the cashier whether another form of payment will be accepted for the portion of the purchase for which you do not want to use your Card or Sub-Account Card. If the cashier indicates a Split Tender Transaction can be done, first provide the cashier with the second form of payment to cover the portion of the purchase you inform the cashier you want paid from a different source, conduct that transaction, and then provide the cashier with the Card or Sub-Account Card and advise the cashier of the amount of the payment to be covered by such Card or Sub-Account Card. Some merchants may only allow you to use cash or check, but not another card, as the second form of payment. Some merchants do not permit a second form of payment at all. We do not guarantee that a merchant will permit a Split Tender Transaction.
Please note the Card or Sub-Account Card has a "valid thru” date on it. This “valid thru” date is the date through which your physical plastic card may be used, and is required to process purchases at merchants that require an expiration date for Card or Sub-Account Card payments. Even if the “valid thru” date has passed on your Card or Sub-Account Card, remember that the Available Funds in your Account or Sub-Account remain unchanged and intact as a result of such expiration. You may not use the Card or Sub-Account Card after the “valid thru” date on the Card or Sub-Account Card has expired. You should receive a replacement Card or Sub-Account Card from us before your old Card’s or Sub-Account Card’s “valid thru” date passes. Once you receive your new Card or Sub-Account Card, you should cut the old Card or Sub-Account Card in half and throw it away. You can start using your new Card or Sub-Account Card for permitted transactions and purchases as soon as you receive it in the mail and it is activated. If you do not receive a replacement Card in a timely manner, please call Customer Service.
Accountholders may use Serve’s bill payment service (“Pay Bills”) to make one-time payments from their Account to companies or individuals that the Accountholder selects (“Payees”), subject to the terms and conditions of this Agreement and the terms and conditions applicable to Pay Bills set forth at the Serve Site and the Serve Mobile Application.
Pay Bills can be accessed online at the Serve Site or via the Serve Mobile Application. The payment amount for each Pay Bills transaction requested by the Accountholder will be debited from his or her Account immediately upon submission of the Pay Bills request.
Payments to Payees will be sent either by means of an Automated Clearing House (“ACH”) or other electronic payment transaction or check drawn on our account or the account of our vendor and delivered via mail or courier (the service pursuant to which Pay Bills payments to Payee via check is referred to herein as our “Mail a Check” service). Payments will be processed and sent via ACH or mail/courier not later than the second business day after request. Payments via ACH will generally be credited on the next business day after processing. The actual delivery date of payments sent via check will depend on the mail/courier and is outside of our control. If a Payee fails to negotiate the check within 90 days, we will stop payment on the check and re-credit the Account for the amount of the payment. If a check is returned to us prior to the end of the 90-day period, we will stop payment on the check and re-credit the Account.
Sub-Account Users are not currently eligible to use the Pay Bills service.
Payments via the Pay Bills Service to Payees that are not listed on the pre-populated list displayed online at the Serve Site or via the Serve Mobile Application are limited, in the aggregate to all such Payees, to $5,000 per calendar month, including Mail a Check payments.
To assure timely payment of your bills, the Accountholder must submit Pay Bills transaction requests and the Account must have requisite Available Funds and be in good standing at least six (6) business days before the date payment is required to be made.
Prior to the cut-off time established by us with respect to each Payee (the “Cut-Off Time” in respect of such Payee), the Accountholder may cancel a Pay Bills bill payment to a Payee by logging into the Accountholder's Account, clicking on the “Pay Bills” link under Pay and Transfer, click on View Activity for your payee and then click Edit or Stop Payment. After the Cut-Off Time, the Accountholder may stop payment on bill payments sent via check (but not bill payments sent via an electronic payment transaction) at any time prior to a Payee's deposit of such check with their bank by Calling Customer Service. We may charge you (and you authorize us to collect) a “stop payment” fee in connection with each bill payment that you stop. Prior to the applicable Cut-Off Time with respect to a scheduled payment to a Payee, “Edit Payment” and “Cancel Transaction” tabs will be displayed online next to the scheduled payment.
Pay Bills transaction requests can only be submitted for immediate processing. We shall have no liability in the event we cannot complete a Pay Bills transaction due to insufficient funds in the Account or the payment to the Payee being blocked for any reason.
We reserve the right, subject to Applicable Law, to change the amount of your Pay Bills transaction limits, limit, block or place a hold on certain types of transfers or transactions, limit, suspend or block transfers to particular persons, entities or recipients and/or suspend your access to the Pay Bills service, in our sole discretion.
Pay Bills Guarantee.
We will bear responsibility for any late payment-related charges (up to a maximum of $50 per transaction) should a Pay Bills bill payment arrive after its due date, as long as the User requested and scheduled the payment on the Pay Bills service at least six (6) business days prior to its due date and otherwise complied with the guidelines set forth at the Serve Website or Serve Mobile Application pertaining to Pay Bills and the terms of this Section h.
Please note that due to circumstances beyond our control, particularly delays in the handling and posting of payments by Payees, some Pay Bills transactions may take longer to be credited by your Payee as “paid,” and may be credited as “paid” after the “Arrival” date set forth in your Pay Bills transaction request confirmation. Our Pay Bills Guarantee does not cover input errors made by you or your Payees or charges related to your failure to initiate payments through the Pay Bills service at least six (6) business days prior to their due date. We cannot guaranty that check billers will accept or properly process payments from us. For example, when we mail a check, we provide the biller only your name, the account number you provided, and the information contained in the “memo” field you completed. If the biller needs more information than that (for example, if you did not provide a complete or correct account number), then your payment might not be properly applied. Please be aware that the information that you add to the “memo” field of Pay Bills is not read by us and cannot contain special payment instructions to us.
You are responsible for the accuracy of all information you provide in connection with each Pay Bills transaction you initiate, including the identifying information of the recipient and the amount of the transaction.
You may use the Service to send money or make a payment to another User or third party (“Send Money”), subject to the Send Money transaction limits we set for your Account (or, as applicable, we or the Master Accountholder set for a Sub-Account), payment of any fees that may apply to your transaction, and the terms and conditions of this Agreement. All Send Money, purchase or payment transactions using the Service will debit funds from your Available Funds in your Account. If, for any reason, a transaction is processed for more than the Available Funds in your Account, you are liable for that entire amount and agree to pay such negative balance to us immediately on demand. We reserve the right to automatically debit such negative balance from any linked Payment Funding Source.
We reserve the right, subject to Applicable Law, to change the amount of your Send Money transaction limits, limit, block, or place a hold on certain types of transfers or transactions and/or limit, suspend or block your transfers to particular persons, entities or recipients in our sole discretion.
Each time you initiate or accept a transfer through the Service, you authorize us to debit or credit the relevant accounts on your behalf in accordance with your instructions and the terms and conditions of this Agreement. Your authorization permits us to complete the transfer (including deducting any applicable fees), to correct any errors in the transfer, and, in our sole discretion, to resubmit any transfer that is rejected by a financial institution that holds the linked Payment Funding Source(s), to the extent permitted by Applicable Law. You also authorize us to debit your Account, or as applicable, Sub-Account, Reserve, or any of your linked Payment Funding Sources, if another User did not actually have sufficient good funds to pay for a transfer that was credited to you. All transfers must comply with Applicable Law.
Subject to the amount of Available Funds in your Account or Sub-Account (and, in the case of a Sub-Account Card, unless the Master Accountholder blocks the Sub-Account Card's cash access or other relevant features or we impose other limitations on the use of the Sub-Account), you may use your Card or Sub-Account Card at ATMs that permit American Express transactions within the United States, including at MoneyPass® Network ATMs. MoneyPass® Network ATMs are not available in all areas, including the U.S. Virgin Islands (go to www.moneypass.com for a MoneyPass® ATM Locator). ATM withdrawals are subject to the limits set forth in Sections 10.b.
Please note that we impose fees in connection with ATM transactions as provided in Section 10.a. In addition, the owner or operator of the ATM may also impose surcharges and other fees for ATM transactions, including cash withdrawals, declined transactions and balance inquiries. Use of your Card or Sub-Account Card at an ATM is also subject to all applicable fees, surcharges, rules and customs of any clearinghouse, ATM network or other institution or association involved with the transaction.
When you register for the Service, you will set a PIN for your Card. The Card and PIN will be required to access cash at participating ATMs. You should not write or keep your PIN with information regarding your Account or Card (or Sub-Account or Sub-Account Card, as applicable). If you believe your PIN has been compromised, or you otherwise need to request a change in your PIN, please immediately contact Customer Service.
In the event an intended recipient refuses or fails to accept your Send Money transaction, you agree that you will not hold us liable for any damages resulting from such refusal or failure. Send Money transactions, unless earlier cancelled by you in accordance with the terms and conditions of this Agreement, are available for acceptance by the recipient for thirty (30) days. We will promptly return to your Available Funds any Send Money transaction that has not been accepted by the recipient within thirty (30) days after the date you initiated the Send Money transaction. Notwithstanding the foregoing, in the event the recipient earlier informs us they are rejecting your Send Money transaction then we will return such amount to your Available Funds within three (3) business days. Once a Send Money transaction is accepted by a recipient, you do not have the ability to cancel the transaction nor have the funds returned to you.
When you initiate a Send Money transaction using the Service to a person who is not a registered User, provided the person to whom you are trying to transfer funds has not opted out of receiving email communications from us, we will attempt to notify the person via email about the process to become a registered User and accept the funds. If the person becomes a registered User and accepts the Send Money transaction within thirty (30) days after you initiate the transaction, then the funds will be transferred to the person's Account or, as applicable, Sub-Account, and made available to the person in accordance with the terms and conditions of this Agreement. If the person does not become a registered User and accept the Send Money transaction within such thirty (30) day period, or if you cancel the Send Money transaction before the person becomes a registered User and accepts the transaction, we will return the funds to your Available Funds within three (3) business days.
When you make a payment to a merchant using your Account, Card, Sub-Account or Sub-Account Card, you are providing that merchant with an authorization to process your payment and to complete your transaction. In certain instances, the payment processing may not occur immediately, and your payment will be "pending” during this time period.
In addition, when you make a payment to certain merchants for goods or services (typically gas stations, restaurants, rental car agencies, hotels, cruise lines and similar merchants), we or the merchant may request an authorization for the amount of your anticipated transaction in advance and may estimate the final value of the transaction, which may be more than the amount of the actual transaction. For example, a restaurant may request an authorization for the estimated dining bill and for a tip. In such an event, we will place a temporary "hold" on the funds in your Serve Account or Sub-Account for an estimated amount indicated by us or the merchant at the time the transaction is authorized, plus any applicable fees, and will release any temporarily-held funds in excess of the amount of the actual transaction, typically not later than the seventh (7th) day after the transaction, in the case of most merchant transactions, and typically not later than the thirtieth (30th) day after the transaction, in the case of transactions with rental car agencies. Until released, the funds subject to the hold will not be available to you for other purposes.
Subject to the Send Money transaction limits on your Account, you may pre-authorize recurring transfers from your Account to third parties. A Master Accountholder may also pre-authorize recurring transactions from his or her Account to a linked Sub-Account. We shall have no liability in the event we cannot complete a recurring transfer from your Account due to insufficient funds in your Account and any linked Payment Funding Sources or the payment to the other account is blocked for any reason.
Pre-authorized recurring transfers from your Account are subject to the following:
(1) Stop Payment Rights. If you have told us in advance to make recurring payments out of your Account, you can stop any of these payments by logging into your Account and cancelling the transaction in question, calling Customer Service or writing to us in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call Customer Service, we may also require you to deliver a written stop payment request to us within fourteen (14) days after you call. If you cancel a recurring payment to a third party, you may still be liable for the payment to that party and be required to pay that party through alternative means.
(2) Notice of Varying Amounts. If you have instructed us in advance to make recurring payments out of your Account to third parties and such recurring payments will vary in amount, and we are aware an upcoming amount will vary from your prior transaction, we will send you prior notice of such payment at least ten (10) days prior to the date the payment is to be made. You may choose instead for us to provide such notice only when the amount of any payment differs from the previous payment by more than a certain amount.
If you instead instruct a third party to initiate recurring transactions from or to your Account that will vary in amount, the third party might give you the right to require the third party to whom you are sending or from whom you are receiving such payments to provide you with ten (10) days prior notice of the date and amount of each payment. The third party might also allow you to choose instead to require notice from such third party only when the amount of any payment would differ from the previous payment by more than a certain amount or when the amount of any payment would fall outside certain limits that you set. This is between you and the third party to whom you are sending or receiving such payments, and we take no responsibility for such transactions.
(3) Liability for Failure to Stop Payment of Pre-authorized Transfer. If you order us to stop a pre-authorized recurring payment three (3) business days or more before the scheduled transfer date, and we do not do so, we will be liable for your losses or damages.
You are responsible for the accuracy of all information you provide about each Send Money transaction you initiate, including the identifying information of the recipient and the amount of the transaction.
The Accountholder may use Serve's Money Transfer Powered by Ria® service ("Money Transfer") to make transfers from their Account for cash pickup by third-party recipients at any Walmart store located in the U.S. or Puerto Rico. The Accountholder may use Serve's Cash Pickup Powered by Ria® service ("Cash Pickup," and together with Money Transfer, the "Money Transfer Services") to make transfers from their Account for cash pickup by the Accountholder at any Walmart store located in the U.S. or Puerto Rico. The Money Transfer Services can be accessed online at the Serve Site and the Serve Mobile Application.
Ria is a registered trademark of Continental Exchange Solutions, Inc. dba Ria Financial Services, licensed as a Money Transmitter by the Department of Financial Services of the State of New York; licensed by the Georgia Department of Banking and Finance, NMLS I+ D 920968; and authorized independently or through its affiliate, Ria Financial Services Puerto Rico, Inc. OCIF LICENSE NUMBER TM-2014-031, to operate as a Money Transmitter in all United States' jurisdictions where it conducts business.
The Money Transfer Services are subject to the fees described in Section 10.a and the Limits described in Section 10.b.
Sub-Account Users are not currently eligible to use the Money Transfer Services.
b. Debiting of Account; Cancellation of Transactions.
The Cash Pickup and Money Transfer amount and associated fee for each Cash Pickup or Money Transfer transaction requested by the Accountholder will be debited from his or her Account immediately upon your submission of a Cash Pickup or Money Transfer request.
At any time prior to your or your recipient's pickup of related funds, the Accountholder may cancel a Cash Pickup or Money Transfer transaction by accessing your Transaction History on the Serve Site and clicking "cancel" next to the transaction description. If an Accountholder or third-party recipient does not pickup his or her cash at Walmart within 21 days after transaction submission, the Cash Pickup or Money Transfer transaction will be canceled and Ria will recredit your Account for the amount of the transfer and associated fee.
c. Accuracy of Information
You are responsible for the accuracy of all information you provide in connection with each Cash Pickup and Money Transfer transaction requested by you.
We and Ria reserve the right, subject to Applicable Law, to change the amount of your Money Transfer Services transaction limits, limit, block or place a hold on certain types of transfers or transactions, and/or suspend your access to the Money Transfer Services, in our respective sole discretion.
You may use the Service to receive funds from another User (“Receive Money”), subject to the Receive Money transaction limits we set for your Account (or, where applicable, we or the Master Accountholder set for your Sub-Account), subject to payment of any fees that may apply to your transaction and the terms and conditions of this Agreement.
To the extent allowed by Applicable Law, we reserve the right to change the amount of your Receive Money transaction limits, limit, block, or place a hold on certain types of transfers or transactions and limit, suspend or block transfers from particular persons or entities or other Users in our sole discretion.
Please note: The aggregate amount of funds that may be added to a Serve Account and linked Sub-Accounts from all Payment Funding Sources, inclusive of Direct Deposit and Mobile Check Capture, may not exceed $100,000 per calendar year. The Total Balance of your Serve Account and linked Sub-Accounts may not exceed $100,000 at any time.
You may load funds to your Account from any of the following sources (each, a "Payment Funding Source”) to the extent they have Available Funds. You may link one (1) of each type of Payment Funding Source: one (1) Bank Account (note: As of October 28, you will not be able to link a new bank account to your Serve account to Add Money), one (1) credit card, one (1) debit card or debit/payroll card issued in your name. We reserve the right, in our sole discretion at any time, to limit or change the number or type of Payment Funding Sources an individual may link to an Account. You may not load funds to your Account from any source that we do not expressly permit in this Agreement. In the event you link or add funds from a Payment Funding Source that is not in compliance with these terms, we reserve the right in our sole discretion to limit, block, or place a hold on certain transactions or transfers and/or close your Account.
i. ACH Authorization and Agreement: You may add funds to your Account with a linked eligible checking or savings account held by you at a U.S. financial institution ("Bank Account”) and transferring funds from your linked Bank Account to your Account by means of an Automated Clearing House ("ACH”) transaction. Note: As of October 28, 2015 you will not be able to link a new Bank Account to Add Money. After October 28, depending on your bank's policies and terms, you may be able to transfer money to your Account from your checking or savings account by initiating a transfer from your bank account into your Account. Consult with your bank for bank origination fees that may apply.
By supplying your Bank Account number(s) to us via the Serve Site in connection with your election to make payments on, or load funds to, your Account through a Bank Account, you provide this ACH authorization and agreement ("ACH Authorization and Agreement”) and certify and agree as follows: (i) you are the owner of the Bank Account(s) whose number(s) you have supplied and designated as a Payment Funding Source for your Account, such Bank Account(s) is/are a consumer account(s) and you are authorized to make withdrawals from it/them and credits to it/them without the approval or participation of anyone else; (ii) you authorize us to initiate credit or debit entries to your Bank Account(s) from time to time until your Account is closed and no further credits or debits are authorized or permitted under this Agreement; and (iii) where you have instructed us to make recurring pre-authorized electronic fund payments or transfers, and we have knowledge that the amount of an upcoming transaction varies from the prior transaction, unless agreed otherwise, you acknowledge that you have the right to receive at least ten (10) days’ prior notice of the amount and date of each pre-authorized transfer we initiate from your linked Bank Account(s) that varies in amount from the previous transfer. For example, if you instruct us to schedule a recurring payment of a bill to a particular merchant once a month, and the first payment is $100, and we learn the transfer in the following month will be more than $104, we will provide you with notice of the varying amount at least ten (10) days’ in advance of conducting that transaction. Where you have instructed the merchant to obtain such amount from your Account or, where applicable, Sub-Account on a pre-authorized basis, the merchant might be required or have agreed to provide you with such notice.
You acknowledge and agree that (i) the origination of ACH transactions to and from your Account must comply with the provisions of U.S. Applicable Law, and (ii) you will receive at the primary email address of record you have provided via the Serve Site any required notices of variations in the amount or timing of debits or credits to your linked Bank Account(s).
Our ACH Authorization and Agreement is a continuing one that will remain in full force and effect until you cancel this ACH Authorization and Agreement by removing your linked Bank Account(s) by logging into your Account and clicking on "My Account” and then going to "Funding and Transfers" on the Serve Site or by calling Customer Service. You agree to do so in time for us to have a reasonable opportunity to act on your cancellation and you understand that you may only give notice of cancellation of this ACH Authorization and Agreement by removing your linked Bank Account(s) and failure to do so will void your notice of cancellation.
You understand that, to the extent permitted by Applicable Law, you will be deemed to have signed this ACH Authorization and Agreement by entering your Bank Account number(s) on the Serve Site as a symbol of your signature. You authorize us to date this ACH Authorization and Agreement as of the date you submit your Bank Account number(s) and you agree to print and save a copy of this ACH Authorization and Agreement.
ii. Account Verification: When you provide us with your Bank Account information, we will need to verify your authority and/or access to the Bank Account you identify.
To do so, we will make two small deposits to the Bank Account your provide us with. After receiving these deposits, you will need to log into your Account and verify the amounts of these deposits.
Note: It may take one (1) to five (5) business days for available funds added by ACH to appear in your Account. We will credit your Account with an ACH pre-authorized deposit on the business day we receive the payment. Consult your bank for timing applicable to a bank transfer where you transfer money to your Account from your checking or savings account by initiating a transfer from your bank account into your Account.
You may also add funds to your Account by linking a valid credit, debit card or a debit/payroll card issued in your name. The credit card you link to your Account must be issued by American Express or such other credit cards that may be permitted by us in our sole discretion from time to time. The debit card and/or the debit/payroll card must be issued by a U.S. financial institution or entity, as applicable. In addition, you may only link a credit or debit card or a debit/payroll card that has not already been linked to another User's Account.
We may take actions to authenticate your identity or authority to use the credit or debit card(s) or debit/payroll card you identify as Payment Funding Sources at any time. We are not responsible if linking and conducting a transaction from a credit or debit card or debit/payroll card to your Account results in an overdraft, over-limit, over-credit line, non-sufficient funds, or any other fee(s) or charge(s) associated with such transaction that may be charged by the financial institution or entity that issues you that credit or debit card. In addition, if you improperly enter any card information and/or card type when linking a Payment Funding Source to your Account, we reserve the right to remove and block such Payment Funding Source from the Service and/or your Account at any time without prior notice to you.
You agree NOT to transfer funds from your Account to a linked credit or debit card or debit/payroll card; for example, you may not transfer funds from your Account to pay for an outstanding credit card bill.
You may arrange to have all or part of your paycheck or any Federal or state government benefit or payment (e.g., Federal tax refunds or social security payment) transferred directly to your Serve Account by your employer or relevant government payer. To enroll, you must activate the Serve Card linked to your Account and then you will need to provide your employer with the direct deposit enrollment form available on the Serve Site or any alternate or additional form requested by your employer. In the case of government payments, you will need to provide the account and routing numbers on our Direct Deposit form to the government payer. Funds transferred via direct deposit generally will be available on the day we receive the transfer, and you may review your periodic statements or transaction history on the Serve Site or call Customer Service to verify that each direct deposit has been received. We reserve the right to accept, reject or limit transfers via direct deposit in our sole discretion. If you wish to cancel direct deposits, you must contact your employer.
Please note that in order to assist in the prevention of fraud we require the following:
In connection with tax refunds (i) the name and social security number associated with each refund payment must match the name and social security number associated with your Serve Account; and (ii) in the case of joint tax returns, the first name and social security number associated with the refund payment must be the name and social security number of the Accountholder.
In connection with non-tax refunds (i) the name and social security number associated with each payment must match the name or social security number associated with your Serve Account.
To avoid disruption of your direct deposits, please ensure that the aggregate Add Money transaction and Total Balance limits of the Account are not exceeded.
We do not charge any fees to set up or maintain direct deposit.
You may add funds to your Account by presenting cash (US currency only) and your Card at participating retailers ("Cash Funding Sources"). Please note there are currently no cash reload locations in the U.S. Virgin Islands.
To add funds to your Account with cash at a participating retailer, present your activated Card and at least US $20 to the cashier (amounts may vary by retailer). Fess apply for loading cash to your Card; please see Section 10 for details on fees. To find a participating retailer, visit www.serve.com. Cash loads at participating retailers are subject to your Account transaction limits and such other restrictions we may add to this feature from time to time.
We reserve the right to delay the availability of funds added to your Account from any Cash Funding Source until such funds have cleared and posted to your Account, although such funds will generally post within thirty (30) minutes of the funding transaction. We may change accepted tender types and funding methods for the Account at any time for legal, risk management, security or other purposes. In addition, your ability to add funds from any Cash Funding Source is also subject to the transaction limits on your Account related to adding funds (visit the Serve Site or contact us to find out what those transaction limits are).
Please note: Cash Funding Sources are services and products provided by third parties. Even though we allow the use of these Cash Funding Sources to add money to your Account, we do not provide these services or products and are not responsible for any service issues that arise with them. Use of a Cash Funding Source is subject to the terms and conditions established by the provider of the Cash Funding Source.
Cash Funding Sources cannot be used to add funds directly to a Sub-Account.
Although American Express does not charge any fees in connection with your Adding Money to your Account via Cash Funding Sources, the third parties providing such Cash Funding Sources may charge fees for their products and services.
When you attempt to add money to your Account via a Cash Funding Source, we will notify you via e-mail when the transaction is completed successfully. You may also view any approved transactions by logging into your Account on the Serve Site or via the Serve Mobile Application.
The amount of each load to your Account using cash must be at least US$20.00.
Following activation of your Serve Card, you may use Serve's Mobile Check Capture by Ingo® Money service ("Mobile Check Capture") to submit checks to First Century Bank, N.A. (“Bank”) for credit to your Account. The Mobile Check Capture service can be accessed exclusively via the Serve Mobile Application.
Mobile Check Capture transactions are subject to the fees described in Section 10.a and the Limits described in Section 10.b.
Sub-Account Users are not currently eligible to use Mobile Check Capture.
Service Providers; Terms of Service
In providing Mobile Check Capture,
Ingo Money will verify your identity and review your checks for approval. Because Ingo Money is assuming the risk of collection of the amount of your check from the writer of the check, Ingo Money may approve your check for funding or reject your check in its sole discretion based on a variety of factors.
The Bank will deposit your checks it its own account for clearing and collection and is responsible for crediting funds from your checks to your Account (net of applicable fees). Approved and funded checks that return unpaid will be transferred by the Bank to Ingo Money for collection.
Funds Availability Options; Fees.
Mobile Check Capture allows you to select between two funds availability options: Money in Days (10-Day Delayed Funding) and Money in Minutes (Expedited Funding).
Money in Days - If you submit a check using the Money in Days option, the Bank will credit your Account for the amount of the check in 10 days if Ingo Money approves your check and it is not returned unpaid within the 10 day-period. There is no fee charged for Money in Days transactions.
Money in Minutes – If you submit a check using the Money in Minutes option, Ingo Money will review your check for approval within one hour. If Ingo Money approves your check, the Bank will credit your Account for the amount of the check, less applicable fees, typically within a few minutes. There is a fee charged for each Money in Minutes transaction, as follows:
Ingo Money and the Bank accept most types of government, payroll, personal and other checks for review and approval. They do not generally accept credit card checks, traveler’s checks other than American Express Travelers Cheques, “starter checks” or other checks that do not have the check writer’s name and address pre-printed on the check, U.S. Savings Bonds, or checks drawn on accounts located outside of the United States, Puerto Rico, and U.S. Virgin Islands or checks payable in currency other than US Dollars. All checks must have the writer’s name and address pre-printed on the check, be dated on or before the date of submission, be made out to you as your name appears on your Account, have matching numbers in the two amount lines, be signed by the check writer, be endorsed by you (and any other payee), and the endorsement must match the name on the payee line on the front of the check. Ingo Money and the Bank do not generally accept checks you have written to yourself.
Subject to the overall Add Money limits set forth in Section 10.b, each check you submit via Money in Minutes must be in an amount between $20 and $5,000, and each check you submit via Money in Days must be in an amount between $.01 and $5,000. Your use of Mobile Check Capture is limited to $5,000 in checks per day and subject to your overall Add Money limit of $10,000 per month.
We and Ingo Money and the Bank reserve the right, subject to Applicable Law, to change the amount of your Mobile Check Capture limits or impose additional limits, limit, block, or place holds on certain types of Mobile Check Capture transactions and/or limit, suspend or block your transmission of checks from particular persons or entities or your access to the Mobile Check Capture feature in our respective sole discretion.
Third Party information
Ingo Money and the Bank may obtain information and reports about you and your financial and transaction history from credit reporting agencies, other data sources, and from us in order to help them assess the risk of checks you submit for their approval.
Limitation of Liability
We will not be liable for any losses that arise, directly or indirectly, in whole or in part, from your negligence, omissions or breach of this Agreement or Ingo Money’s and the Bank’s Terms and Conditions , any error, omission or delay in your transmission of any check, any error or delay due to telecommunications or systems failure or the unavailability of Mobile Check Capture due to other causes beyond our reasonable control, or the return of any check by the institution upon which it is drawn.
Hours of Service
You may use Mobile Check Capture 24 hours a day, 7 days a week, except when the system is unavailable for required maintenance or due to system outages. We are not responsible for the unavailability of Mobile Check Capture or any damages that may result from its unavailability.
In order to use Mobile Check Capture, you must obtain and maintain, at your own cost, a smartphone upon which the Serve Mobile Application has been installed. We assume no responsibility for defects, failures, or incompatibility of Mobile Check Capture with your smartphone or other hardware or software used in connection with Mobile Check Capture, including any third party software you may need to use Mobile Check Capture. We have no obligation to make the Serve Mobile Application, or the Mobile Check Capture functionality within the Serve Mobile Application, available on any particular device. We may disable the Mobile Check Capture functionality within the Serve Mobile Application on any mobile device in our sole discretion. We might do this if we have concerns about the security of information transmitted through such mobile device.
Subject to the Receive Money transaction limits on your Account and the terms and conditions in this Agreement, you may pre-authorize recurring transfers to your Account. Pre-authorized recurring transfers to your Account are subject to the following:
(1)If you instruct a third party to send pre-authorized transfers to your Account or take pre-authorized transfers from your Account at least once every sixty (60) days, the person or entity making the transfer should notify you if the transfer does not occur. You may also click on the "My Account” tab on the Serve Site, view your periodic account statement or call Customer Service to see if the funds have been transferred to or from your Account. Except as required by Applicable Law, funds transferred to your Account from a Payment Funding Source may not be immediately available and are subject to the restrictions and limitations set forth in this Agreement, including but not limited to, all applicable fees and transaction limits on your Account.
(2)You may establish automatic funding options on your Account. If you choose an automatic funding option, each time your Account balance reaches the threshold you set, we will automatically transfer funds (assuming there are available funds in the Payment Funding Source you select) in the amount you establish into your Account from the Payment Funding Source selected to perform this automatic funding function. Except as otherwise required by Applicable Law, funds transferred on the automatic funding option may not be immediately available and are subject to the restrictions and limitations set forth in this Agreement, including but not limited to, all applicable fees and transaction limits on your Account.
The Serve Mobile Application allows you to use your mobile device to send, request, and receive payments through the Service. The Serve Mobile Application may not work with all mobile devices (it is currently available only for U.S. wireless telephone numbers), and not all functionalities of the Service are available on mobile devices or through the Serve Mobile Application. The Serve Mobile Application does not permit or support currency conversion and is subject to the Send and Receive Money transaction limits we set for your Account (or, as applicable, we or the Master Accountholder set for a Sub-Account), as well as applicable fees. If you use the Serve Mobile Application, you are solely responsible for any fees that your wireless service provider or other third party charges, such as fees for messages and data services. Your wireless service provider is not the provider of the Serve Mobile Application or the Service, and we are not responsible for the hardware and/or mobile device you use in downloading and using the Serve Mobile Application.
In order to communicate with us via text or receive text messages from us (e.g., about your Account or Sub-Account, offers and news about the Service) or use certain features of the Service that we may make available that require the use of text messaging, you must opt in to the applicable text, also known as short message service or SMS, program ("SMS Service”) on the Serve Site on or through your wireless device or other wireless receiving equipment through which you intend to access and use the Service and expressly consent to receive text messages.
If you have successfully registered for and opted in to the SMS Service (which includes, amongst other things, successfully verifying your U.S. wireless telephone number(s) you wish to use in connection with your use of the SMS Service), you understand that you will receive text messages in connection with your use of such SMS Service to, among other things, provide you with the information you request, and otherwise in connection with certain transactions initiated by you, or initiated by other Users that wish to transact with you via SMS (e.g., by sending to you, or requesting from you, money). In addition to those messages, you understand that, as part of the SMS Service, you also may receive error messages, confirmatory messages and other similar administrative messages from us via text at your U.S. wireless telephone number you have provided for such purposes. Message frequency varies by account, by transaction volume, and by preferences.
You understand that your wireless service provider’s message and data rates may apply to messages sent and received in connection with the Service (including, without limitation, any error messages, confirmatory messages or other administrative messages that you may receive in connection with your use of the Service), and may appear on your wireless service provider’s bill or deducted from your pre-paid wireless balance.
You may cancel your enrollment in the SMS Service at any time by replying "STOP” to any text message you receive from us or by texting "STOP” to SERVE (73783) or by logging into your Account or Sub-Account via your Account Profile on the Serve Site or by calling Customer Service, and you understand that, for your protection, you may receive a text message on your U.S. wireless telephone number confirming your cancellation. If you require information or assistance, reply "HELP” to any text message you receive from us or text "HELP” to SERVE (73783), or call Customer Service.
Once you have successfully registered for and opted in to the SMS Program, you may use your U.S. wireless telephone number(s) as an account identifier to send money, request money, and initiate scheduled transactions. Sub-Account Users may opt in to receive the SMS Service only if the Master Accountholder has granted permission to the Sub-Account for this feature.
The Service has a feature that offers the ability to have one or more sub-accounts (each a "Sub-Account”) connected to your Account that you can control and transfer money into for use by Authorized Users who meet the eligibility requirements of this feature. To open and maintain a Sub-Account the Master Accountholder must have a verified email address and have provided his or her social security number if prompted to do so on the Serve Site.
Only a person with a valid Account in good standing (meaning, your Account is not presently subject to an open/pending investigation and you are not in violation of this Agreement or any other agreement we have with you) may open and maintain a Sub-Account and receive a Sub-Account Card linked to the Sub-Account.
By opening a Sub-Account, the Master Accountholder agrees to be fully liable and responsible for all Sub-Account User’s transactions, actions, obligations, uses and liability related to the Sub-Account, any Sub-Account Card issued for a linked Sub-Account, the Sub-Account User’s use of the Service at any websites, and all other obligations of the Sub-Account User related to the Sub-Account or the Sub-Account Card.
At present, a Master Accountholder may open up to a maximum of four (4) Sub-Accounts at any given time. There may be only one Sub-Account User for each Sub-Account. We reserve the right, in our sole discretion at any time, to limit the number of Sub Accounts an individual may have available to him or her with the Service.
A Sub-Account User must be an individual who is at least eighteen (18) years of age (or nineteen (19) years of age if he or she resides in a state where the age of majority is nineteen (19)), and reside in the U.S. A Master Accountholder may also open a Sub-Account for individuals between the age(s) of thirteen (13) and eighteen (18) (or nineteen (19) where applicable), where the Master Accountholder is that individual’s parent or legal guardian or has the appropriate consent from that individual’s parent or legal guardian, subject to the Master Accountholder’s and Sub-Account User’s meeting any eligibility requirements.
Sub-Accounts are subject to all of the terms and conditions of this Agreement and all limitations (including transaction limits) imposed by the Master Accountholder or us on the Sub-Account or on a Sub-Account Card.
All Sub-Account transactions count against the Master Accountholder's transaction limits as though the Master Accountholder conducted the transactions himself or herself. For example, if the Master Accountholder has a $750 per day ATM Withdrawal limit on his or her Account and the Sub-Account User withdraws $250 from an ATM during a day, additional ATM Withdrawals from the Master Accountholder’s Account will be limited to $500 that day.
If the Sub-Account User or Sub-Account Card User violates this Agreement and allows someone else to use the Sub-Account or Sub-Account Card, then the Master Accountholder agrees that all transactions, actions, obligations, and uses of the Sub-Account or the Sub-Account Card done by that third person (including transactions, actions, or uses of the Sub-Account that exceed the authority granted to the third person by the Sub-Account User or Sub-Account Card User) will be deemed to be those of the Sub-Account User and that the Master Accountholder will be liable for those transactions as well. The Master Accountholder agrees to provide copies of all relevant agreements, consents and disclosures regarding the Service, including but not limited to copies of this Agreement and the Privacy Notice and Privacy Statement, to each Sub-Account User and Sub-Account Card User. Closure of a Sub-Account results in termination of your privileges with respect to the associated Sub-Account Card.
The Master Accountholder sets a temporary password for the Sub-Account. When the Sub-Account User logs in for the first time with the temporary password, he or she will be prompted to select a PIN for the Sub-Account. The Sub-Account User can change his or her PIN and password on the Sub-Account he or she is authorized to use in accordance with our procedures. We may place a temporary hold on the Sub-Account, or suspend or terminate the Sub-Account if the password or PIN has been compromised or if the Sub-Account Card is lost or stolen. In the event the PIN or the Sub-Account Card becomes lost or stolen, the Sub-Account User or Master Accountholder should notify us immediately by calling Customer Service.
A Sub-Account User includes the person who is authorized to use the Sub-Account or linked Sub-Account Card. Each Sub-Account or linked Sub-Account Card shall be subject to the terms and conditions in this Agreement, as applicable, and any other terms and conditions applicable to Sub-Accounts or Sub-Account Cards. Please note that the Sub-Account Card cannot be activated or used and Sub-Account privileges will be limited until the Sub-Account User’s email address is verified by clicking on the link in the email we send to the Sub-Account User.
The Sub-Account Card is for consumer use only, is not transferable, and the Sub-Account User may not permit any other person to use their Sub-Account Card. If the Master Accountholder tells us to revoke his or her permission for another person to use a linked Sub-Account or Sub-Account Card, we may suspend use of, lock or close the linked Sub-Account. Closure of a Sub-Account results in termination of your privileges with respect to the associated Sub-Account Card.
Any Master Accountholder who authorizes a minor to use a Sub-Account or Sub-Account Card shall be the parent or legal guardian of the minor or have the current valid consent of the parent or legal guardian of the minor to provide the minor with access to a Sub-Account or Sub-Account Card, as described further below. The Master Accountholder shall review all of the agreements, terms and conditions and fees contained in this Agreement and in all other applicable agreements, consents and disclosures with any such minor, and educate or instruct the minor regarding his or her use of the Sub-Account and any Sub-Account Card. The Master Accountholder agrees that we may rely on all uses of the Sub-Account and all acts taken with a Sub-Account Card by a minor, even if those acts or uses contravene the Master Accountholder’s instructions to the minor. Except as otherwise required by Applicable Law, the Master Accountholder also acknowledges and agrees that this Agreement and all other applicable agreements, consents and disclosures, including without limitation the Privacy Notice and Privacy Statement, and any authorizations granted to us, apply to the minor’s use of the Service, Sub-Account and any linked Sub-Account Card.
If you allow a minor to use a Sub-Account or Sub-Account Card but are not the minor’s parent or legal guardian (e.g., you are the minor’s grandparent or relative), you agree to obtain permission from the minor’s parent or legal guardian so that the responsible person can have the above discussions with the minor and provide all of the above consents. You represent and agree that you have already done so or that you will do so before the minor first uses the Sub-Account or any linked Sub-Account Card, and that we may rely on your representation and agreement.
By opening, funding, loading, using or authorizing the use of a Sub-Account, the Master Accountholder represents and warrants (and if under the age of majority in his/her state of residence, his/her parent or legal guardian represents and warrants) that the information provided is true and correct and complete, that he or she is a resident of the United States; that the Sub-Account User is at least thirteen (13) years of age and that where the Sub-Account User is less than the age of majority in his or her state of residence his or her parent or legal guardian has consented to his or her access to a Sub-Account and Sub-Account Card.
Sub-Account features include, but are not limited to, the following:
(1) Adding Value.
Sub-Account can be funded only by a transfer of funds from the Master Accountholder’s Account to the Sub-Account (as authorized by the Master Accountholder) All transactions made by the Sub-Account User, whether from the Sub-Account or a Sub-Account Card, must be funded from the Available Funds held in the Sub-Account. The Sub-Account may not have any linked bank account or credit or debit card for funding purposes. All funds in the Sub-Account are at all times owned by the Master Accountholder. If a Sub-Account User attempts to conduct a transaction in an amount greater than (a) the Available Funds in the Sub-Account, or (b) in excess of the transaction limit set on the Sub-Account, the transaction will be denied.
(2) Default Settings.
The Master Accountholder may set up default settings to allow or prevent a Sub-Account User from using certain Sub-Account features or a Sub-Account Card and may change such default settings.
There is no initial set-up fee to open a Sub-Account. There is no fee imposed for a Master Accountholder to transfer Available Funds from his or her Account to a linked Sub-Account he or she has opened or, where the Master Accountholder has opened two to four Sub-Accounts, initiate transfers of funds between such Sub-Accounts. However, the Master Accountholder’s Account and Sub-Account transactions will be subject to fees contained in this Agreement. Master Accountholders represent and warrant that they have advised all of their Sub-Account Users of the fees that can apply.
(4) Master Accountholder Controls on Sub-Accounts.
Set forth below are actions a Master Accountholder may take on a Sub-Account:
a. Transfer Money Into a Sub-Account. The Master Accountholder may transfer Available Funds from his or her Account into a valid linked Sub-Account.
b. Transfer Money Out of a Sub-Account. The Master Accountholder may transfer money from any linked Sub-Account to the Master Accountholder’s Account.
c. Control Money Received by or Sent from the Sub-Account. The Master Accountholder may set controls ("Permissions”) on the funds that can be received by a Sub-Account from the Master Accountholder’s Account and on the amount of funds that can be sent or transferred out of the Sub-Account by the Sub-Account User.
d. Set Permissions. The Master Accountholder may set Permissions to allow or prevent the Sub-Account User from: (i) performing transactions above the limits or thresholds set by the Master Accountholder but in no event higher than the limits set by us on Sub-Accounts and the Master Accountholder’s Account generally; (ii) making purchases online or offline using the Sub-Account or any Sub-Account Card; (iii) sending funds to other Users and other third parties; (iv) using the Sub-Account Card at merchants outside of the United States (if we make this functionality available); and/or (v) withdrawing Available Funds from participating ATMs using a Sub-Account Card. Permissions may be changed by the Master Accountholder at any time.
e. Set Alerts. The Master Accountholder may set alerts to be notified when a Sub-Account balance drops below an amount set by the Master Accountholder.
f. View Sub-Account Activities. The Master Accountholder may view the Sub-Account activities. The Master Accountholder can view the Sub-Account balance and Sub-Account transactions for ninety (90) days by logging into his/her Account and clicking on "My Account” on the Serve Site. The Sub-Account User can view Sub-Account transactions for his or her Sub-Account for ninety (90) days by viewing their Sub-Account Activity.
g. Closure/Suspension of Use of Sub-Account and Sub-Account Card. Except as otherwise provided in this Agreement, the Master Accountholder may close a Sub-Account he or she has opened at any time. Closure of a Sub-Account results in termination of your privileges with respect to the associated Sub-Account Card. In order to close a Sub-Account, the Master Accountholder must first transfer the balance of funds remaining in the Sub-Account to the Master Accountholder’s Account. The Master Accountholder may not be allowed to close a Sub-Account under the circumstances outlined in Section 9. The Master Accountholder may suspend or terminate the Sub-Account User’s use of the Sub-Account or Sub-Account Card by changing their Permissions for the Sub-Account or Sub-Account Card or by calling Customer Service. We will have a reasonable amount of time to effectuate such a change.
h. Disputes or Claims. The Master Accountholder may file Disputes related to the Sub-Account and Sub-Account Card as provided in this Agreement. The Sub-Account User will not have access to or be able to file Disputes related to the Sub-Account or Sub-Account Card.
(5) Sub-Account User Actions.
Subject to the Permissions set by the Master Accountholder or by us, the transaction limits set on the Master Accountholder’s Account and the terms and conditions of this Agreement, stated below are actions a Sub-Account User may take:
a. Send Money and Make Purchases. Where permitted by the Master Accountholder, a Sub-Account User may use his or her Sub-Account to send money to and to make purchases from other Accountholders. However, Sub-Account Users may not receive or request money from other Accountholders.
b. Use the Sub-Account Card. Subject to any limitations placed by us or the Master Accountholder, a Sub-Account User may use his or her Sub-Account Card to make purchases anywhere in the United States that American Express Cards are accepted and to withdraw authorized amounts at any participating ATM in the United States that permits American Express Card transactions. Purchases and withdrawals should not exceed the amount of the Sub-Account Available Funds, and may not exceed any transaction limits set by us or by the Master Accountholder. Purchases and withdrawals are subject to fees as described in this Agreement. Subject to any limitations placed by us or the Master Accountholder, a Sub-Account User may use a Sub-Account Card linked to the Sub-Account to make online or point of sale purchases at merchants and to withdraw amounts from the Sub-Account at participating ATMs in the United States that permit American Express Card transactions, where there are sufficient Available Funds.
c. Change the Sub-Account Email Address. A Sub-Account User may change the email address the Sub-Account User has for his or her Sub-Account.
d. Change Sub-Account Password. The Sub-Account User may change the Sub-Account password for his or her Sub-Account at any time.
(6) Master Accountholder Responsibility.
The Master Accountholder is liable and responsible for all of the Sub-Account User’s actions, obligations and liability related to the Sub-Account, Sub-Account Card and the Service; such liability shall include, but is not limited to, any transactions made by any person whom the Sub-Account User or the Master Accountholder authorizes or permits to use the Sub-Account or Sub-Account Card. Any action taken by us on the Master Accountholder’s Account may also apply to any linked Sub-Account, and any action taken by us on a Sub-Account may also apply to the Master Accountholder’s Account. The Master Accountholder agrees to be liable for a negative Sub-Account balance should one occur. We may recover amounts held in a Sub-Account if the Master Accountholder owes any amounts to us, even if such liability is unrelated to the Sub-Account. Should a Sub-Account hold a negative balance, or if any other liabilities are charged to a Sub-Account, any such amount may be taken from the Master Accountholder’s Account, Reserve, or from other Sub-Accounts linked to the Master Accountholder’s Account, or from any Payment Funding Source linked to the Master Accountholder’s Account. Any online agreements that are accepted by the Sub-Account User related to his or her use of the Service, Sub-Account or Sub-Account Card are deemed accepted by the Master Accountholder as if the Master Accountholder had taken the action.
(7) Prohibited Use.
The Sub-Account User may not use the Sub-Account or Sub-Account Card to engage in any activities that may be illegal under Applicable Law, or that are otherwise prohibited by this Agreement. We reserve the right to limit, suspend use of, lock or close the Master Accountholder’s Account and/or any Sub-Account if we believe that the Sub-Account User or Sub-Account Card User may engage in, has attempted or has engaged in, any prohibited activity or if we believe others may have attempted to use or has used the Sub-Account or Sub-Account Card inappropriately. Closure of an Account and/or Sub-Account results in termination of your privileges with respect to the associated Card and/or Sub-Account Card, as applicable. We may also block Sub-Account and Sub-Account Card payments and transactions to any User or third party selling or offering products or services we believe may be illegal or inappropriate.
(8) Additional Provisions Relating to the Sub-Account Card.
a. ATM Withdrawal and Spending Limits. Sub-Account Card transactions are subject to any daily and monthly limits that we set for the Master Accountholder’s Account, Sub-Accounts generally, as well as any additional limitations that may be imposed by the Master Accountholder on the Sub-Account.
b. Pre-authorization Holds. Merchants may request a pre-authorization hold prior to allowing a Sub-Account User to use their Sub-Account Card. In such an event, a hold may be placed on the Available Funds balance in the Sub-Account equivalent to the amount of the pre-authorization request, and we will treat the Sub-Account in accordance with the provisions contained in Section 4.g of this Agreement.
c. Documentation of Transfers. The Sub-Account User can get a receipt at the time the Sub-Account User makes any transfer from his or her Sub-Account using his or her Sub-Account Card at a participating ATM or, in most cases, point of sale. A Master Accountholder may access the Sub-Account transaction history and balance by logging into his or her Account and clicking on Sub-Accounts. A Master Accountholder should do this regularly to view the activity on his or her linked Sub-Account(s).
Your Account or, as applicable, Sub-Account has two types of balances: an available balance ("Available Funds”) and a total balance ("Total Balance”). Available Funds are limited to the funds that have been loaded or received into your Account or, as applicable, Sub-Account, that are not subject to holds, Disputes, etc.; they represent funds that you can use and conduct transactions with and are fully available to you. Your Total Balance represents the total of all funds in your Account or, as applicable, Sub-Account, including incoming or outgoing funds or transactions that are pending and subject to settlement. For example, when you load funds into your Account from a linked Bank Account, the transaction is "pending” until the funds are received by us from your Bank Account and credited to your Account. Available Funds and Total Balance amounts may not always be the same.
A transaction will be listed in your Account or, as applicable, Sub-Account, as "completed” when you receive credit or, where applicable, a withdrawal or send amount of a transaction you requested has been debited and is performed. A transaction will be listed as "cancelled” if it cannot be completed as requested or if you or the other party with whom you attempted to engage in a transaction failed or refused to proceed with the transaction. A transaction will be listed as "pending funding” if you requested money from another User and he or she has accepted your request but is in the process of adding funds his or her Account to complete the transaction with you.
Your Available Funds will decrease each time you use your Account or, as applicable, Sub-Account to transfer funds to another account or Sub-Account or make withdrawals or payments and each time a fee is charged to your Account. You authorize us to reduce the Available Funds in your Account by the amount of each transaction, any pre-authorization or authorization request, and any applicable fees or charges.
You are not allowed to expend funds in excess of the Available Funds in your Account or Sub-Account through an individual transaction or a series of transactions. You may increase the Available Funds in your Account through a receipt of funds from another User, the eligible Payment Funding Sources and transferring funds from your Reserve. However, in the event a transaction occurs that exceeds the Available Funds in your Account, we may in our sole discretion decline the transaction, or, if it occurs, you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges.
(1) Overview and Establishment of a Reserve.
An Accountholder may establish and manage a Reserve® ("Reserve") via the Serve Site or the Serve Mobile Application and transfer funds from the Master Accountholder’s Account to a Reserve for the purpose of putting funds away towards specific goals, emergencies, or other purposes, subject to the term and conditions of this Agreement and the terms and conditions applicable to a Reserve set forth at the Serve Site and the Serve Mobile Application. At present, a Master Accountholder may establish one (1) Reserve. A Sub-Accountholder may not establish a Reserve.
There are no fees associated with the establishment or use of a Reserve.
YOU WILL NOT RECEIVE INTEREST OR ANY OTHER EARNINGS ON FUNDS IN YOUR RESERVE. WE ARE NOT A BANK, AND YOUR RESERVE IS NOT A BANK ACCOUNT OR A SAVINGS ACCOUNT. Funds in a Reserve are insured by the FDIC on the same basis as Account funds held in the custodial accounts we maintain for the benefit of Accountholders (see Section 8.e for details).
(2) Adding Funds to and Accessing Funds in a Reserve.
Funds can only be added to a Reserve by transfer of funds (on a one-time or recurring basis) from your Account. Funds so transferred are no longer considered part of your Available Balance and accordingly are not available for immediate spend or other use. For example, if you attempt to make a purchase or withdrawal from your Account that exceeds the Available Balance, the purchase or withdrawal will not be authorized by us (except as otherwise provided in this Agreement), even if you have sufficient funds to cover the shortfall in your Reserve.
To spend or otherwise use funds held in your Reserve, the funds must be transferred from your Reserve back to your Account, at which time such funds will once again be considered part of your Available Balance.
If your Account is suspended or frozen, you will not be able to transfer funds from your Reserve to your Account. This means that you will not be able to access the funds in your Reserve until the freeze or suspension on your Account is lifted.
Reserve transactions are fully reflected in your transaction history, accessible via the Serve Site or the Serve Mobile Application.
You agree that we may recover amounts held in your Reserve if you owe any amounts to us in connection with your Account, even if such liability is unrelated to a Reserve.
Funds transfers between your Account and Reserve are immediately processed.
(3) Recurring Transfers to Your Reserve.
You may choose to have us transfer funds from your Account to your Reserve on a recurring basis. If you instruct and authorize us to make recurring transfers from your Account to your Reserve, then we will continue to do so on a regular basis until you cancel the authorization, or except as provided below.
If there are insufficient funds in your Account at the time that a pre-authorized recurring transfer is scheduled to occur, then the transfer will not occur. We will not make a partial transfer (i.e., a transfer for less than the amount of the scheduled transfer) if the Available Funds are insufficient to cover the full amount of the scheduled transfer. We will not attempt to make the transfer after sufficient funds are added to the Account. You may verify that a preauthorized transfer occurred as scheduled through the Serve Site or the Serve Mobile Application, or by calling Customer Service.
You may stop a preauthorized recurring transfer through the Serve Site or the Serve Mobile Application, or by calling Customer Service. If you cancel a preauthorized recurring transfer authorization at least three days before the next scheduled transfer, then we will stop that transfer. If you cancel a preauthorized recurring transfer authorization within three days of the next scheduled transfer, then we may not be able to stop the next scheduled transfer. If you instruct us to stop payment of an individual transfer, we will cancel the entire series of recurring transfers, and you will need to provide us with a new authorization in order to resume recurring transfers.
If you instruct us to stop payment on a recurring transfer via the telephone, then we may require you to provide us with written confirmation of the stop payment order within 14 days of the oral notification. If you do not provide us with this written confirmation within 14 days, then we will not be bound by your oral instructions after 14 days.
If we fail to stop payment of a preauthorized transfer in accordance with your instructions and the terms specified above, then we will be liable to you for all damages proximately caused by such failure. We will not be liable, however, if we can show by a preponderance of the evidence (1) that our failure resulted from an act of God or other circumstance beyond our control, that we exercised reasonable care to prevent such an occurrence, and that we exercised such diligence as the circumstances required; or (2) that our failure resulted from a technical malfunction which was known to you at the time that the transfer should have occurred. If our failure to stop payment of a preauthorized transfer was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, we shall be liable only for actual damages proved.
Each preauthorized recurring transfer in a series must be in the same amount. If you wish to change the amount of recurring transfers, then you must cancel the authorization and provide us with an authorization for a new series of recurring transfers.
(4) Closing a Reserve.
Once established, a Reserve can be closed only in connection with the closure of your Account. If you or we close your Account, your Reserve will be simultaneously closed, and the funds in your Reserve will be returned to you on the same basis as the return of funds from your Account.
Except as otherwise provided by Applicable Law, when you sign up for the Service, you do not get, and neither is the Account, the Sub-Account or Reserve, a demand deposit (checking) account, savings account, or other consumer asset account with us or with any bank partner. You receive a prepaid access Account, or as applicable, a Sub-Account, that allows you to send and receive funds through the Service. At our discretion, we may hold multiple Accounts or Sub-Accounts in a "pooled account” at a bank. We will hold and move funds in accordance with Applicable Law.
You will not receive interest or any other earnings on funds in your Account (including funds in a Reserve) or Sub-Account and you agree that any interest that may be earned on funds in your Account or Sub-Account belongs to us. We will hold the funds in your Account or Sub-Account separate from our corporate funds, will not voluntarily make such funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach such funds. You grant us a security interest in and a lien upon any funds you send or receive through the Service to allow us to set off or deduct any amounts owed to us against those funds in the event you have a negative balance or otherwise fail to uphold the terms and conditions of this Agreement.
When you Add Money to your Serve Account, funds will be placed by us into one or more custodial accounts we maintain for the benefit of Accountholders at one or more FDIC-insured banks (currently American Express, FSB and American Express Centurion Bank) not later than the business day after those funds are reflected in your Total Balance. These custodial accounts will be set up to provide pass-through FDIC insurance. Subject to the limitations set forth below, this means that if a bank holding our custodial account fails, you should be insured by the FDIC up to the per-depositor coverage limit then in place (currently $250,000 in most instances). Note that the FDIC insurance maximum applies to the aggregate of all funds that you have on deposit with the bank in your individual capacity, including funds that you have in deposit accounts other than the account in which your Serve funds are deposited.
Your Serve funds will not receive the benefit of FDIC insurance before they are placed in one of the custodial accounts referenced above. FDIC insurance coverage is contingent upon our maintaining accurate records and on determinations of the FDIC as receiver at the time of a receivership of a bank holding a custodial account referenced above.
FDIC pass-through insurance protects funds placed on behalf of an Accountholder against the risk of loss (up to the then applicable FDIC deposit insurance limits) should any FDIC-insured bank(s) where we maintain custodial account(s) for the benefit of the Accountholder fail. FDIC pass-through insurance does not protect you against the risk of our insolvency. In the unlikely event of our insolvency, funds we place in a custodial account for your benefit should be protected from claims by our creditors; however, it is possible that funds that we hold before placement in a custodial account will not be protected from claims by our creditors. Even if funds in your Serve Account (whether held by us or held in a custodial account) are protected from claims by our creditors in the unlikely event of our insolvency, it is possible that you will not have access to those funds while court or other legal proceedings are ongoing.
FDIC pass-through insurance also does not protect you against the risk that an Add Money transaction might fail or be reversed (for example, because an Add Money Source does not honor (or reverses) an Add Money transaction).
Funds in a Provisional Account or other “temporary” account or card are not eligible for FDIC pass-though insurance. When you register online and establish a Serve Account, your Provisional Account or other “Temporary” account or card funds (to the extent you provide us information about your account or card at registration) will be transferred to your Serve Account and be eligible for FDIC pass-though insurance within one business day of establishment of your Serve Account.
Funds held in your Reserve, and funds transferred between your Account and Reserve, will at all times be held in the custodial accounts we maintain for the benefit of Accountholders at FDIC member banks set up to provide FDIC pass-through insurance coverage.
If you would like to close your Account (including your Reserve) and/or cancel your Card, you may call Customer Service. You may also close your Account (including your Reserve) and/or cancel your Card online at the Serve Site. A Master Accountholder may close a Sub-Account by the same mechanisms. Closure of an Account and/or a Sub-Account results in termination of your privileges with respect to the associated Card and/or Sub-Account Card, as applicable. Closure of your Account also results in the closure of all Sub-Accounts you may have set up.
Upon closure of your Account or Sub-Account, we will use reasonable efforts to cancel all pending transactions (subject to Applicable Law) and send you a final closing transaction statement for your Account.
After the closure of your Account or Sub-Account, you may also request a paper statement from us if you wish to review your transaction history. Subject to Applicable Law, you may be charged a fee for each paper copy you request.
If you choose to close your Account, you should withdraw the balance of funds remaining in your Account by electing during the closure process to send such balance via ACH to your valid U.S. Bank Account or have a check made payable to you mailed to the last postal address of record we have for you. The remaining balance in a Sub-Account will be returned to the Master Accountholder’s Account.
To have funds withdrawn from your Account by check, please contact Customer Service. It will take 7-10 business days to process the request. There currently are no fees charged to withdraw funds via check. Checks are void after 90 days.
You may not close your Account or Sub-Account to evade an investigation or a disputed transaction(s). You may not close your Account or Sub-Account if there is a negative balance in your Account or Sub-Account or if there is an investigation pending or a Dispute related to the Account or Sub-Account or associated Card or Sub-Account Card, and subject to Applicable Law, we may hold your funds for up to thirty (30) days or longer to finish conducting the investigation and/or protect us or a third party against the risks of payment reversals, Chargebacks, claims, fees, fines, penalties, and other liability.
You will remain liable for all obligations related to your Account (including your Reserve) or Sub-Account even after its closure.
Last Modified: September 1, 2017
Unless you are a resident of an excluded state, or we otherwise waive or do not apply one or more fees in accordance with the terms of a program, special promotion or offer we may sponsor from time to time, we will impose the fees for the respective transactions set forth in the schedule below conducted through your Account as well as any Sub-Account(s) unless stated otherwise. All fees are in U.S. Dollars and remain subject to change in our discretion and where notice is provided as required by Applicable Law.
The schedule above sets forth fees we impose on the respective transactions. Other parties (such as merchants with respect to point of sale transactions, ATM operators or networks with respect to balance inquiries and access to funds in your Account, and other financial institutions with respect to transactions such as cash withdrawals at their branches) may impose separate fees on the same transactions and we make no accounting for those.
We will deduct all applicable fees from the balance in your Account, or as applicable, Sub-Account, at the time of the imposition of the fees.
An Accountholder may add funds to his or her Serve Account via any of the Funding Sources described in Section 5, as well as via Direct Deposit, Receive Money, and Mobile Check Capture (each such funding transaction, an "Add Money" transaction).
A User may make use of Available Funds in his or her Serve Account via merchant transactions (i.e., spend at merchants), Send Money, ATM withdrawals, Pay Bills, Money Transfer, Cash Pickup and transfers back to linked Bank Accounts or withdrawal by check (each such use of funds, a "Spend Money" transaction).
The following limits apply to Add Funds and Spend Money transactions conducted through your Serve Account as well as any Sub-Accounts. For purposes of calculating limits, (i) a transaction occurs at the time we post it to your Account (this date may differ from the date the transaction was initially authorized/conducted), and (ii) a day is calculated as the 24-hour period commencing midnight (Eastern time) on any day and ending midnight (Eastern time) the following day. We may set additional transaction limits on your use of your Serve Account and any Sub-Accounts, including in circumstances in which we have not verified all of the identity and other personal information you have provided. All limits remain subject to change in our discretion at any time for legal, risk management, security or other purposes, subject to Applicable Law.
American Express Serve Limits
(1)Send or Receive Money Transaction
A "Send Money" transaction involves the sending of money to another individual through the Serve Site (an online transaction) or a mobile application. A "Receive Money" transaction involves receiving money from another individual or entity through the Serve Site or a mobile application.
When you use your Card or Sub-Account Card to make point of sale transactions at participating merchant locations or through a merchant's online store, you will not be charged a fee by us for such transaction.
If you use a Sub-Account Card to make a point of sale transaction at a participating merchant location or through a merchant's online store, you must have Available Funds in your Sub-Account for the entire amount of the transaction and any applicable fee(s). The merchant or other third parties may impose additional fees for point of sale transactions at participating merchant locations or through merchant's online store, which may be added to the cost of the transactions. For example, a merchant may impose a $1.00 fee for paying by a Card at the point of sale where permitted by Applicable Law.
Fees apply when you withdraw funds from an ATM, as specified in Section 10. Additional fees may also be imposed by the ATM owner/operator (for which we make no accounting).
(3) Serve Check Withdrawal.
You may also withdraw funds from your Account by requesting a check to be issued to you at the mailing address we have on file for you. This feature is only available when you are closing your Account. To request funds to be withdrawn from your Account via a check, please contact Customer Service. It will take 7-10 business days to process the request. There currently are no fees charged to withdraw funds from your Account via check. Checks are void after 90 days. If you need to have a stop payment order placed on a check issued to you, please note that a stop payment can only be placed on a check that was issued within 90 days of the original stop payment request. Stop payments may be requested by calling or writing to Customer Service. There currently is no fee for stopping payment on a check.
Your Account (including your Reserve), Card, Sub-Account and Sub-Account Card are non-transferable and may be used only by you or an Authorized User as provided in this Agreement. In addition, in using or accessing the Service, the Serve Site, your Account (including your Reserve), your Card, your Sub-Account or Sub-Account Card, you agree that you will not and you will have any Authorized User agree that such Authorized User will not:
(1) Breach this Agreement or any other policy, terms of service, or agreement that you have agreed to with us;
(2) Violate any Applicable Law;
(3) Attempt to fund your Account with an ACH that is returned, revoked or otherwise unable to be processed;
(4) Purchase or sell, or facilitate the purchase or sale of, illegal goods or services (including, but not limited to: unlawful sexually oriented materials or services and counterfeit products), unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
(5) Engage in or in furtherance of debt collection activities;
(6) Provide false, inaccurate, or misleading information;
(7) Dispute transactions that are made by you or that you otherwise benefit from;
(8) Fail to secure your Card
(9) Fund or remit payroll, payroll deposits, wages, other forms of compensation (including incentive payments or bonuses), or any employee benefits;
(10) Provide yourself or Authorized Users a cash advance from your credit card;
(11) Send messages (to us, to your customers or the general public) which would be deemed abusive, harassing, offensive, obscene, racist, libelous, defamatory or threatening in nature or use the Service in connection with goods, materials or services related to such activities and behavior;
(12) Unless permitted under Applicable Law, refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
(13) Infringe on our or any third party's copyright, patent, trademark, trade secret, or other intellectual property rights;
(14) Use any robot, spider, other automatic device, or manual process to monitor or copy the Serve Site;
(15) Use the Service in a manner that results in or may result in complaints or Disputes;
(16) Use your Account (including your Reserve), Sub-Account or the Service in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, National Automated Clearinghouse Association rules or Applicable Law;
(17) Allow your Account or Sub-Account to have a negative balance;
(18) Use the Service for multi-level marketing or multi-level financial programs, including but not limited to, pyramid and matrix programs or ponzi schemes;
(19) Use the Service to sell, or attempt to sell or otherwise make available any items as may be specified by us from time to time;
(20) Use the Service to sell or distribute mod chips or other devices for circumventing technical protection measures on digital devices (including those for unlocking phones or video game devices);
(21) Obtain amounts that do not represent bona fide sales of goods or services or do not represent bona fide direct sales by you;
(22) Use the Service in connection with financial services banks, credit unions, savings and loan associations, equities (defined as an instrument that signifies an ownership position, or equity, in a corporation, and represents a claim on its proportionate share in the corporation's assets and profits, e.g., stocks, bonds, and securities), unit trusts, mutual funds, foreign exchange, and bureau de change; provided, however, that you may use the Service in connection with financial services related solely and exclusively to taxation, brokerage fees, leasing merchants, mortgage payments, condo down payments and financial advisor fees;
(23) Use the Service to sell future services from merchants that provide investment on future maturity goods/services (greater than four (4) months for delivery) with an intention of gaining return on investment (e.g., wines/spirits or timber investment); provided, however, that you may use the Service in connection with future services related solely and exclusively to travel, membership services (e.g., magazine subscriptions), ticket sales to future events or real estate deposits;
(24) Use the Service in connection with transactions involving wholesale currency (discounted currencies or currency exchanges, etc.), traveler's checks, money orders or check cashing;
(25) Use the Service to sell items that otherwise violate this Agreement; and/or
(26) Use the Service in connection with other activities of which we notify you.
If you breach this Section 11.a or permit others to do so or conduct (or attempt to conduct) any transactions that we believe are not permitted by this Agreement (such as one of the activities set forth above) or Applicable Law, we may, at our sole discretion and without waiving any of our rights, freeze, close, cancel, suspend, or limit your use of your Account (including your Reserve), Sub-Account, Card, Sub-Account Card and/or your access to the Service.
There may be restrictions on, or licenses required for, the sale or purchase of certain goods and services. For example if you are in the business of purchasing jewels, precious stones and metals, you may be required to have a license to do so. It is your responsibility to ensure that you are properly licensed to sell or purchase the good or service being sold or purchased using the Service and that you comply with any restrictions relating to such sale or purchase.
You do not have the right to make transactions in amounts that exceed the Available Funds balance that is in your Account.
If, for any reason, a transaction is processed for more than the Available Funds in your Account, you are liable for that entire amount and agree to pay such negative balance to us immediately on demand. We reserve the right to automatically debit such negative balance from any linked Payment Funding Source.
You are responsible for all returned or reversed payments, Chargebacks, claims, fines, penalties and other liability incurred by us, any other User(s), or a third party (including sellers and your wireless service provider) caused by or arising out of your breach of this Agreement and/or your use of the Service. You agree to reimburse us, our Affiliates, our third-party service providers and any other User(s) for any and all such liability.
You acknowledge that Users may have Dispute rights pursuant to card association and network rules or otherwise, and we have the right (but not the obligation) to pass any applicable Chargebacks to you.
We also have Chargeback rights if (i) a User questions, makes a claim or complaint about the amount that he or she agreed to pay when using the Service to purchase goods or services from you (”Disputed Amount”) or has rights under law or contract to withhold payments; (ii) a User denies making or authorizing the amount that he or she agreed to pay when using the Service to purchase goods or services from you; (iii) we believe that the payment transactions is invalid, involves misconduct or fraud (such as fraudulent use of a payment instrument), or otherwise violates Applicable Law or this Agreement; (iv) if you do not comply with this Agreement; or (v) as provided elsewhere in this Agreement.
We will not be liable for actual or alleged fraudulent transactions over the Internet and we will have the right to Chargeback for those transactions. Additionally, if a Disputed Amount arises involving a transaction that is an Internet Electronic Delivery Transaction, we may Chargeback for the full amount of the transaction.
You are solely responsible for all Disputes and for all returned or reversed payments, Chargebacks and claims related to payment transactions. If a payment you receive in your Account or Sub Account or a load of funds added to your Account or Sub-Account is subject to a claim, Dispute, reversal, or Chargeback or is otherwise returned in any manner for any reason whatsoever, you agree that we may, in our sole discretion, conduct an inquiry into the transaction, and you agree to cooperate with us and to submit any information we may reasonably request to the extent permitted by Applicable Law.
If we determine in our sole discretion that the subject transaction is to be properly reversed we may Chargeback, we may reverse the payment or deduct, withhold, recoup from or offset it against our payments to you (or debit your Account or as applicable, Sub-Account) or we may notify you of your obligation to pay us, which you must do promptly and fully. In addition, you agree that we may immediately remove such amounts from the balance in your Account or Sub-Account.
If you have insufficient funds in your Account or Sub-Account, your Account will have a negative balance, and you will be required to immediately add funds to your Account to eliminate such negative balance. We may also engage in other efforts to recover such amounts from you, such as collecting the amount of your negative balance (along with any applicable fees) from any one or more of your linked Payment Funding Sources or Reserve. We will not refund any applicable fee set forth in Section 10, or any other fees or assessments.
As a result of new IRS rules, TRS may be required to report to the IRS and to you on Form 1099K the gross amount paid to you and received into your Account and, as applicable, Sub-Account(s). In order to carry out this required reporting, TRS will require your correct legal name and correct and valid Taxpayer Identification Number (usually your Social Security Number or Employer Identification Number) and, in some cases, a valid and complete Form W-9. Where you do not supply correct information, the IRS notifies us that it does match its records, or as otherwise required by Applicable Law, we will be required to back up withhold 28% of gross payments made to your Account. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive and amounts you need to collect, report, or remit to the appropriate tax authority.
IF YOUR CARD OR SUB-ACCOUNT CARD IS LOST OR STOLEN, NOTIFY US AT ONCE.
Contact us via the methods described in Section 19.a as soon as you can if you think your periodic statement or receipt/transaction confirmation is incorrect or if you need more information about a transaction listed on a statement or receipt. We must hear from you no later than sixty (60) days after we made available the FIRST statement (online at the Serve Site) on which the problem or error appeared. When notifying us, you must: (a) tell us your name and Account (or Reserve) or, if applicable, Sub-Account number; (b) describe the error or the transaction you are unsure about and explain why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error.
If you contact us by phone, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If, however, we need more time, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error so that you will have the use of the funds during the time it takes us to complete the investigation. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account during the time it takes us to complete the investigation. For errors involving new accounts, point-of sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or questions. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results of our investigation within three (3) business days after completion, and we will correct any error promptly. If we decide that no error occurred, we will send you a written explanation. You may request copies of the documents that we used in our investigation.
If we initiate a transfer from your Bank Account to cover a transaction with your Serve Card or Account, then this paragraph and the next paragraph applies to such transactions. ALL QUESTIONS ABOUT SUCH TRANSACTIONS MADE WITH YOUR CARD OR ACCOUNT INVOLVING TRANSFERS FROM YOUR BANK ACCOUNT TO FUND YOUR ACCOUNT MUST BE DIRECTED TO US AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT; for such transactions, we are responsible for the Service and for resolving any errors involving transactions made with your Card or Account.
Serve transactions involving debits or credits to your Bank Account will appear on the statements issued by your bank. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR SERVE CARD OR ACCOUNT, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about a transaction made with your Serve card or account that involves a transfer from your bank account, call Customer Service or write us at American Express - Customer Relations, 4315 S. 2700 W., Salt Lake City, UT 84184-0440.
Serve provides all of the protections against unauthorized transactions, including all of the limitations on potential liability, that are required to be provided to holders of debit cards tied to checking accounts by applicable federal law, including Regulation E.
Tell us AT ONCE if you believe someone has transferred or may transfer funds from your Account or Sub-Account without your permission or if you believe your Card or Sub-Account Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Account or, where applicable, Sub-Account (an "Unauthorized Transaction”). Telephoning us at 1-800-954-0559 is the best way of keeping your possible losses down, but you may also contact us via the other methods set forth in Section 19.a.
You may be liable for unauthorized use of your Account or Sub-Account. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you tell us within two (2) business days after you learn of the loss or theft of your Card, you can lose no more than fifty dollars ($50) if someone used your Account or Sub-Account without your permission. If you do NOT tell us within two (2) business days after you learn of the unauthorized use, and we can establish we could have stopped someone from using your Account or Sub-Account without your permission if you had told us within such time period, you could lose as much as five hundred dollars ($500). If you are a California resident you will not be liable for the $500 amount described above for unauthorized use of your Card or Sub-Account Card in any event. If you are a New York resident, your liability for unauthorized use of your Card or Sub-Account Card will not exceed $50.
Also, if your periodic statement lists transactions you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement is made available to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us within such period.
If you cannot notify us within the time periods set forth above due to a good reason (such as a long trip or a hospital stay or you first contacted your bank that holds a Payment Funding Source to inquire as to a possible erroneous or Unauthorized Transaction), we will extend the time specified above for a reasonable period.
Based upon our review of your Account and the information you have provided us or we have otherwise obtained, we will set transaction limits for your use of your Account (including your Reserve) and any Sub-Account. These limits can be changed at any time by us in our discretion, with or without notice to you, EXCEPT AS REQUIRED BY APPLICABLE LAW.
As a security measure for you and us, we may also decline authorizations for certain transactions when we believe your Account (including your Reserve), Sub-Account, Card or Sub-Account Card may have been compromised, the transaction is not consistent with your purchasing patterns, or you do not have Available Funds.
We may also prohibit certain types of transactions where we believe fraud or misuse risk is higher.
Users may send messages to transfer funds to, or request a funds transfer from, other individuals. Individuals receiving these requests are not obligated to accept or respond to a request, and we make no representation that any such requested transfer funds will occur or that it will be seen by, or responded to by, the other individual. You agree that we will not be liable for damages in connection with any failure of an individual to send funds in response to such a request, and have no obligation to review any such request or similar message.
If we do not complete a transaction to or from your Account (including your Reserve) or, as applicable, Sub-Account on time or in the correct amount in accordance with this Agreement, we will be liable for your losses or damages, subject to certain exceptions. We will not be liable, for instance, if: (a) through no fault of ours, you do not have enough Available Funds in your Account to complete a transaction; (b) our computer systems or other electronic terminal where you are making a transaction does not operate properly and you knew about the failure when you started the transaction; (c) an ATM where you are making a cash withdrawal does not have enough cash; (d) an ATM or a merchant refuses to honor a transaction using your Account, Sub-Account, Card or Sub-Account Card; (e) your wireless service provider refuses the transaction; (f) access to your Account (including your Reserve) or Sub-Account has been blocked after you reported your Card or Sub-Account Card lost or stolen; (g) there is a hold on the funds in your Account (including your Reserve) or Sub-Account or the funds in your Account (including your Reserve) or Sub-Account are subject to any legal process or other encumbrance restricting their use; (h) we have reason to believe the requested transaction or withdrawal is unauthorized; (i) circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (j) the transaction would violate the terms and conditions of this Agreement; or (k) there are other exceptions stated in this Agreement with you.
We, in our sole discretion, may limit your use of, suspend or terminate your privileges with respect to your Account (including your Reserve), Sub-Account, Card and/or Sub-Account Card with or without cause or notice, other than any notice required by Applicable Law, including in the event we believe there has been a breach in security or there has been unauthorized activity involving your Account or you have engaged in activity that is fraudulent or inappropriate (e.g., manufacture activity that is inconsistent with the intended use of the Account) or violates the terms of this User Agreement. We will only close your Account if there are no funds remaining in your Account (including your Reserve) or Sub-Account, unless you specifically instruct us to close your Account or Sub-Account with funds remaining, in which case, any remaining funds will be escheated to the applicable state in accordance with Applicable Law. Closure of your Account will prohibit your access to the Service.
If we decide to close or suspend use of your Account or Sub-Account (which closure will result in termination of your privileges with respect to the associated Card and/or Sub-Account Card), we will send an email to the primary email address we have in our records for you. Upon closure of your Account and/or Sub-Account (and termination of your privileges with respect to the associated Card and/or Sub-Account Card), you must immediately discontinue use of your Account and/or Sub-Account and associated Card and/or Sub-Account Card, as applicable. Our closure of your Account and/or Sub-Account (and termination of your privileges with respect to the associated Card and/or Sub-Account Card) will not affect your obligations under this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW , WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU REGARDING THE SERVICE, THE SERVE SITE, THE PLATFORM, ACCOUNTS (INCLUDING A RESERVE), SUB-ACCOUNTS, CARDS, SUB-ACCOUNT CARDS, ANY FEATURE THEREOF, OR ANY SUBJECT MATTER COVERED BY THE SUBSTANCE OF THIS AGREEMENT , WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS . WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICE OR THE SERVE SITE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE SERVICE OR THE SERVE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE WILL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF TRANSACTIONS OR USE OF THE SERVICE OR THE SERVE SITE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIMS OR DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF OUR EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 IN THE AGGREGATE . NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE , IN NO EVENT SHALL WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY (i) COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, WHETHER ARISING DIRECTLY OR INDIRECTLY,EVEN IF WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES HAVE BEEN ADVISED SUCH DAMAGES MIGHT OCCUR.
NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. The laws of certain states or other jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement.
THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT OR USE THE SERVICE OR THE SERVE SITE.
Periodic statements will be made available to you electronically on a monthly basis at no charge. Electronic statements will be available for twenty-four (24) months from when we make the statement first available to you for viewing. You can also view transactions at any time online at no charge when you log into your Account or Sub-Account, as applicable. If your Account or Sub-Account is closed, you will not be able to log in and view statements and must telephone us at the number listed in Section 19.a. If you would like to receive a paper copy of your electronic statement, you may write to us or call Customer Service. Subject to Applicable Law, you may be charged a fee for each paper copy you request.
Account transaction history is available for the prior thirty (30) days while your Account is open.
Subject to Applicable Law, we will retain transaction records for up to five (5) years from the date of the transaction.
By registering for the Service and accepting the terms and conditions of this Agreement, you consent to receive notices and information (including legally-required notices and information which you may otherwise have the right to receive in paper form, except as otherwise specified in this Agreement and our E-Communications Disclosure) via email to the primary email address we have in our records for you and, if you have opted in on to receive the SMS Service, via text messages regarding the Service and your Account or, as applicable, Sub-Account, as well as the transfer of funds to and from your Account or, as applicable, Sub-Account. All notices and information sent to you via email and/or text message (where you have opted in to receive the SMS Service) will be deemed to be in writing and received by you when sent to you. You can manage your preferences for receiving messages from us by logging into your Account or, as applicable, Sub-Account, via your Account Profile on the Serve Site.
In order to communicate with us via text or receive text messages from us, you must opt in to the applicable SMS Service on the Serve Site and specifically grant us permission to communicate with you via text message communications. See Section 6.b for more details.
From time to time, we may monitor and/or record telephone calls between you and us to ensure the quality of our customer service or as required by Applicable Law.
We will disclose information to third parties about your Account (including your Reserve), Sub-Account, Card, Sub-Account Card transactions: (i) where it is necessary for completing transactions; (ii) in order to verify the existence and condition of your Account or Sub-Account for ourselves or for a third party, such as a credit bureau or merchant; (iii) in order to verify your identity or any accounts you hold (including wireless service accounts); (iv) in order to comply with government agency or court orders; (iv) if you give us your written permission; or (v) in accordance with our Privacy Notice and Privacy Statement, which can be found on the Serve Site. We may disclose your first name, last name and email address to the individual or User that you are seeking to transact with or are transacting with via Serve (e.g., if you initiate a Request Money transaction, we will share your first and last name and email address with the individual or User you are requesting the money from). We may also show your name in that User’s transaction history.
Additionally, we may share your address and contact information with a merchant from whom you purchased goods/services using the Service to allow the merchant to process your order and perform any related customer service function.
You may contact us by calling American Express Serve Customer Service at 1-800-954-0559 or writing to us at American Express - Customer Relations, 4315 S. 2700 W., Salt Lake City, UT 84184-0440.
Where permitted, if you use your Card or Sub-Account Card to make a purchase at an establishment in a currency other than U.S. dollars, the transactions will be converted to U.S. dollars and you will also be charged a foreign currency conversion fee on the total U.S. dollar amount of your transaction as noted in Section 10. The exchange or currency conversion rate between the transaction currency and the billing currency will be either (i) a rate selected by us from the range of rates available in wholesale currency markets for the applicable central processing date or (ii) the government-mandated rate in effect for the applicable central processing date. The exchange or currency conversion rate on the transaction processing date may differ from the rate in effect at the time of the transaction or the date the transaction is posted to your Account or Sub-Account. You agree to accept the converted amount in U.S. dollars. Please note international access is not available to Accountholders residing in Vermont.
For purposes of this Agreement, business days are Monday through Friday, other than federal banking holidays.
Tell us immediately if your U.S. mail or postal address changes or if your email address changes. If you do not notify us about an address change, information regarding your Account or Sub-Account may be mailed or emailed to the wrong person. Any notice we send to you shall be deemed delivered three (3) business days after mailing it to you at the last U.S. mail or postal address you provided for your Account or Sub-Account or one (1) business day after emailing it to you at the last primary email address you provided for your Account or Sub-Account. You agree we may accept changes of mail or postal address from the U.S. Postal Service.
If your Account or Sub-Account becomes inactive, we may be legally required to report the balance in your Account or Sub-Account as unclaimed property and forward the unclaimed funds to a state in accordance with Applicable Law. The specified period of time to report and send such funds in an inactive Account or Sub-Account to a state vary by state, but usually range between two (2) and five (5) years.
Except as may be provided in Section 20, 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.
This Agreement, the Service, and your Account (including your Reserve), Sub-Account, Card, and Sub-Account Card and any claim, Dispute or controversy arising from or relating to this Agreement, the Service, or your Account, Sub-Account, Card or Sub-Account Card are governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability, and interpretation of this Agreement and the amounts contracted for, charged, and received under this Agreement will be governed by such laws. This Agreement is entered into between you and us in New York.
To the extent permitted by Applicable Law, you waive and release us from all defenses, rights, and claims you have or may have against us arising from or relating to this Agreement, the Service, or your Account, Sub-Account, Card or Sub-Account Card or any use thereof.
We can waive or delay enforcement of any of our rights under this Agreement without losing them.
Not all services described in this Agreement are available to all persons or at all locations. We reserve the right in our sole discretion, to limit, restrict or prohibit the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited.
You may not assign or transfer this Agreement or any of your rights, obligations, duties, responsibilities, or liabilities under this Agreement without our prior written consent, and any attempt to the contrary without our prior written consent shall be null and void. This Agreement shall be binding on you and your respective executors, administrators, and permitted assigns. We may assign all or portions of our rights and obligations under this Agreement without your approval to any entity which acquires all or substantially all of our assets or to any Affiliate or successor.
If any provision of this Agreement is determined to be invalid or unenforceable under any Applicable Law, the validity or enforceability of any other provision of this Agreement shall not be affected, and, in lieu of such invalid or unenforceable provision, there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.
This Agreement (including all agreements and policies referenced in this Agreement) sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements with respect to such subject matter.
Sections 1, 12, 15, 16, 17, 18, 19, 20 and 21 will survive: (i) if your Account (including your Reserve) and/or Sub-Account is closed; (ii) the bankruptcy of any party; and (iii) any permitted transfer, sale or assignment of this Agreement, if any.
If you have an American Express Serve Cash Back Card ("Card") you are automatically enrolled in the Cash Back Program and you are immediately eligible to earn cash back on certain purchases made with your Card ("Serve Cash Back" or "Cash Back"). IMPORTANT: YOU CANNOT REDEEM OR ACCESS THE CASH BACK YOU EARN WITH YOUR SERVE CASH BACK CARD UNTIL YOU SUCCESSFULLY REGISTER FOR A SERVE CASH BACK ACCOUNT, VERIFY YOUR EMAIL ADDRESS AND ACTIVATE YOUR PERSONALIZED SERVE CASH BACK CARD. The Cash Back Program enables you to earn one percent (1%) in Cash Back on each purchase of fifty cents ($0.50) or more, rounded to the nearest dollar, made with your Card and apply the Cash Back to future purchases made with your Serve Cash Back Card. Rounding means that you will not earn a fraction of a penny in Cash Back. For example, a purchase of $1.00-$1.49 would be rounded to $1.00 and purchase of $1.50-$1.99 will be rounded to $2.00. Sub-Accounts are not eligible. ATM transactions, fees and Serve Online Bill Pay are not purchases and do not earn Cash Back. Returns, reversals, cancellation or disputes involving a purchase will result in your Cash Back for that transaction being reversed. Cash Back will normally be applied to your Account promptly after your purchase transaction settles but could take up to sixty (60) days. In addition, purchases may fall outside of the actual date you made your purchase if there is a delay in the merchant submitting such transaction to us. We have no control over the merchant's submission of transactions and will not credit purchases with Cash Back on any date other than the date of the merchant submission.
Although you will begin to accrue Cash Back immediately in your earned Cash Back balance with each purchase made with your Card as it is submitted to us by the applicable merchant ("Earned Cash Back Balance"), the Earned Cash Back Balance will only become available for your redemption/use provided you have successfully registered for a Serve Cash Back Account, activated your personalized Serve Cash Back Card, verified your email address with us and your Account is in good standing. When you have Earned Cash Back and meet the requirements stated above, your Earned Cash Back is then eligible for transfer into your redeemed Cash Back balance where the Cash Back can be redeemed ("Redeemed Cash Back Balance"). If you conduct a transfer of Cash Back from your Earned to your Redeemed Cash Back Balance, you must transfer your entire Earned Cash Back Balance. Under no circumstances may you transfer only a portion or certain amount of your Earned Cash Back Balance.
Once your Earned Cash Back Balance is transferred into your Redeemed Cash Back Balance, the Cash Back transferred can only be used and applied to future spend with your Card for in store purchases at the point of sale or for online merchant purchase transactions conducted with your Card ("Cash Back Purchase"). Cash Back cannot be used to conduct ATM transactions, online bill pay, withdrawn, transferred or redeemed for any other purpose other than as specifically outlined herein. Under no circumstances can you "cash out" any Cash Back and Cash Back may not be sold, transferred or assigned. Earned Cash Back that you transfer into your Redeemed Cash Back Balance will automatically apply to your Cash Back Purchase transactions until your Redeemed Cash Back Balance is depleted. Cash Back will continue to accrue in your Earned Cash Back Balance in your Cash Back Account and will not be applied to Cash Back Purchases until you make a transfer of your Earned Cash Back to your Redeemed Cash Back Balance.
Any Cash Back earned but not redeemed shall continue to be available for your use, provided that you remain an Accountholder in good standing. If you receive Cash Back and we later discover that you did not have a purchase for that Cash Back or that you manufactured spend through your own use or by permitting others to transact on your Card or Account, you may forfeit future Cash Back earnings, or we may apply future Cash Back or any Cash Back not yet redeemed until enough Cash Back rewards are accrued to cover it. The Cash Back Program and the Serve Cash Back Card are designed for consumer spend only and may not be manipulated or converted into a commercial spend or financial transaction instrument. In addition, if you make a purchase and your Account is credited with Cash Back or Cash Back is used to make a Cash Back Purchase, any later return, reversal, cancellation or dispute involving any part of the purchase or Eligible Cash Back Purchase will result in your Earned Cash Back Balance and/or Redeemed Cash Back Balance being reversed, debited or cancelled (in whole or part) to reflect that portion of the purchase which has been returned, reversed, cancelled or disputed and may cause your Earned or Redeemed Cash Back Balance(s) to go negative. We may also take any other action we deem appropriate.
Any Cash Back that you earn while using a Serve Cash Back Temporary Card that you purchase may be transferred to your Earned Cash Back Balance of your Account following your registration for your Serve Cash Back Account, activation of your Serve Cash Back Card and verification of your email address associated with your Serve Cash Back Account. Other American Express Serve Cards as well as any subaccounts are not eligible for Serve Cash Back as described in this Section. Cash Back does not expire but if your Serve Cash Back Card and/or Serve Cash Back Account is closed or terminated for any reason whatsoever, all Cash Back will be forfeited. In certain cases we may reinstate your Cash Back balance if you re-open your Account within thirty (30) days of a voluntary closure.
We reserve the right to suspend or prohibit your ability to earn, use or redeem the Cash Back referenced above or suspend or close your Card or Account in the event you (i) violate any of the Cash Back Program terms and conditions, (ii) act in a manner inconsistent with applicable laws, regulations, ordinances, (iii) engage in any misconduct or wrongdoing in connection with the American Express Serve product or the Cash Back feature(s) or promotion(s), (iv) structure purchases or conduct transactions with your Card or Account to manufacture spend, (v) conduct purchases other than those which are for personal or household use (ex. commercial purchases), (vi) engage in any activity which would jeopardize the Program or its intended use, or (vii) engage in any fraudulent or inappropriate acts, including by attempting to defraud American Express Serve into providing Cash Back. Any Cash Back credited to an Account in violation of this Agreement or the Cash Back Program terms and conditions may be revoked by us in our sole discretion.
This Section 21 sets forth the circumstances and procedures under which Claims (defined below) that arise between you and us will be resolved through binding arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court.
As used in this Section 21, the term "Claim” shall mean and include any claim, Dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to this Agreement, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements ("Agreements”), including the validity, enforceability or scope of this Section 20 or the Agreements. "Claim” also includes claims by or against any third party using or providing any product, service or benefit in connection with the Card or Sub-Account Card (including, but not limited to, third parties who accept the Card or Sub-Account Card, third parties who use, provide or participate in programs accessed with the Card or Sub-Account Card, enrollment services and rewards programs, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. As used in this Section 21, "you” and "us” also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and any third party using or providing any product, service or benefit in connection with the Card or Sub-Account Card.
Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Section 21 and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the "Code”), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either JAMS ("JAMS”) or the American Arbitration Association ("AAA”), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; www.jamsadr.com, and/or AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.
Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any Dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including the "Continuation” provision below), and without waiving either party’s right of appeal, if any portion of this "Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Section 21 (other than this sentence) shall not apply.
This Section 21 is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended ("FAA”), and the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator’s sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator’s written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within thirty (30) days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appellant’s written notice. The panel’s majority vote decision shall be final and binding.
The arbitration shall take place in the federal judicial district of your residence. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from the JAMS or AAA.
This Section 21 shall survive termination of this Agreement, your Account, Sub-Account or the relationship between you and us concerning your Account or Sub-Account, any permitted transfer, sale, or assignment of your Account or Sub-Account, or any amounts owed on your Account or Sub-Account, to any other person or entity as well as voluntary payment in full of any shortages, any debt collection proceeding by or between you and us, and any bankruptcy by you or us. If any portion of this Section 21, except the "Class Action Waiver and Other Restrictions” provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, this Agreement or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
For purposes of this Agreement, the following defined terms shall have the meanings set forth below:
a. “Account” means an Account established in connection with the Service.
b. “Accountholder” means the individual who registered for and established an Account.
c. “Affiliate” means a person or entity that directly or indirectly controls, is controlled by, or is under common control with us, including our subsidiaries.
d. “Applicable Law” means all applicable local, state, federal, and foreign laws, regulations, ordinances, and statutes, as well as any applicable rules, policies, and procedures established by the National Automated Clearinghouse Association or any applicable electronic payment network or card association or network.
e. “ATM” means automated teller machine.
f. “Authorized User” means you and any other person whom you have authorized to use or access your Account or Card, including, as applicable, any Sub-Account User or Sub-Account Card User.
g. “Card” means any card, account number, barcode, digital representation, or other access device issued by us to you for the purpose of conducting transactions on your Account through the Service, including any card that is co-branded with the Serve logo and that of another entity.
h. “Charge” means a purchase or a payment made with a Card.
i. “Chargeback” when used as a verb, means our reimbursement from you for the amount of a Charge subject to such right or the reversal of a Charge for which we have not paid you; when used as a noun, means the amount of a Charge subject to reimbursement from you.
j. “Dispute” means a Charge or transaction about which a claim, complaint, or question has been brought.
k. “Internet Electronic Delivery Transaction” means a transaction which occurs when goods or services are ordered online and electronically delivered online (e.g., images or software downloads, virtual goods).
l. “Payment Funding Source” shall have the meaning set forth in Section 5.b.
m. “Reserve” has the meaning set forth in Section 8.b.
n. “Serve Mobile Application” means the software application we provide that may be downloadable to any one or more of your mobile devices (e.g., wireless telephones, tablets and smart phones).
o. “Serve Site” means the Serve website, currently located at www.serve.com.
p. “Service” means the service provided by us which, among other things, facilitates the ability to make payments and transfer funds online and offline using electronic payment networks, allows Users to open, fund and manage stored-value accounts, and includes a Reserve, any widgets, applications, payment features and other mechanisms we now or in the future may provide and you may use to conduct such payments and transfers.
q. “Sub-Account Card” means any card, account number, barcode, digital representation, or other access device issued by us for the purpose of conducting transactions through a Sub-Account.
r. “Sub-Account User” means any person authorized to use a Sub-Account.
s. “Mail a Check” has the meaning set forth in Section 3 h.
t. “TRS” or “AXP” means American Express Travel Related Services Company, Inc.
u. “User” means any person authorized to use the Service.
v. “we,” “us,” and “our” refers to American Express Travel Related Services Company, Inc. and where applicable, its successors, assigns or service providers.
w. “you” and “your” mean the individual who opens the Account or is authorized to use the Account, Card, or where applicable Sub-Account or Sub-Account Card.
As a Cardmember you can enjoy retail and travel benefits such as Roadside Assistance*, Purchase Protection♦, and Global Assist® Hotline** coverage. Please note that, as a holder of the Card, you are a “Cardmember” for purposes of the Purchase Protection♦ Description of Coverage.
* Roadside Assistance Hotline is a 24-hour dispatch hotline that can send a tow operator or locksmith to assist in an emergency situation. While Roadside Assistance Hotline is available at no additional charge, the Card Member will be charged for any services or goods provided. Tow operator or locksmith can provide the following services: towing, winching, jump starts, flat tire change when Card Member has a workable spare, lockout service when key is in vehicle and delivery of up to 2 gallons of fuel. Services are available when traveling within the 50 United States, the District of Columbia, Canada, Puerto Rico and the U.S. Virgin Islands and only when Card Member is present with the eligible vehicle. This product does not cover some vehicles, e.g. rental vehicles, motorcycles, taxicabs, unlicensed vehicles, tractors and trucks over 10,000 lbs gross vehicle weight. Other important exclusions apply. We may be unable to provide you with coordination and assistance services in case of inclement weather or on roadways which restrict access to certain service providers. Lockout service may be unavailable for vehicles with transponder keys. Subject to additional important terms, conditions and exclusions. For full Terms and Conditions, call 855-431-1156 or see americanexpress.com/RAterms.
♦ Purchase Protection is underwritten by AMEX Assurance Company, Administrative Office, Phoenix, AZ under Policy AX0951, Policy AX0951-PR, Policy AX0951-VI, or Policy PP-IND. Coverage is determined by the terms, conditions, and exclusions of the Policies applicable to your Card and is subject to change with notice. This document does not supplement or replace the Policy. Shipping and handling costs for the purchase will not be refunded. Certain purchases are not covered, e.g. items lost by Card Member, consumable and perishable items, motorized vehicles and their parts or accessories, or normal wear and tear. Other important exclusions apply. You will only be reimbursed for the amount charged to your eligible Card; coverage is limited up to $1,000 per occurrence; not to exceed $50,000 per Card Member account per calendar year. You may be required to send the purchased item to us, in which case we will reimburse you for that shipping cost. This product provides secondary coverage. This means it pays eligible benefits not paid by any primary insurance that you have. For full Terms and Conditions, see americanexpress.com/PPterms.
** While Global Assist® Hotline coordination and assistance services are offered at no additional charge from American Express, Card Members are responsible for the costs charged by third-party service providers. For full Terms and Conditions, see americanexpress.com/GAterms.
® 2017 American Express Travel Related Services Company, Inc.