Deposit & Card Terms

Column National Association
Deposit Account and Debit Cardholder Agreement
Effective: 02/04/2022
Current terms: www.point.app/deposit-card-terms
Prior terms effective 11/16/2021: www.point.app/deposit-card-terms-111621

Introduction

Thank you for banking with Column National Association through our partnership with Point.
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This deposit account agreement, together with any disclosure statements or other documents (this “Agreement”), pertaining to your deposit account (“Account”) and Point Visa Debit Card (the “PointCard”) governs the terms of your Account and PointCard. The Account and PointCard is made available to you (including the account owner, any authorized signer, or any other person authorized under this Agreement to operate your Account, “you” and “your”), subject to certain eligibility requirements, by Column National Association (“Column,” “Bank,” “we,” “us,” and “our”). We have contracted with our partner, Point Up, Inc. (“Point”), for managing certain aspects of the Account and the PointCard program (“Program”).

Effectiveness

Please read this Agreement carefully and retain a copy for future reference. By opening or maintaining your Account with us or using your PointCard, you agree to be bound by this Agreement. This Agreement is subject to all applicable U.S. federal laws, the laws of the State of California, and all other applicable laws, regulations, and rules, including Regulation E, any Operating Circular of a Federal Reserve Bank, the Visa Rules or any other payment processing network on which a transaction using your PointCard is processed, the Operating Rules of the National Automated Clearinghouse Association (“Nacha”), Article 4-A of the Uniform Commercial Code, and any other applicable funds transfer system rule, except, in each case, to the extent permitted under such law, regulation, or rule to be varied by this Agreement.
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To the extent of any conflict between this Agreement and any other agreement concerning your Account or PointCard, this Agreement will govern. To the extent of any conflict between this Agreement and any funds transfer system rule not variable by this Agreement, such funds transfer system rule will govern. To the extent that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement remains valid and enforceable to the maximum extent permitted by applicable law.

Amendments and Other Changes

We may change any term of this Agreement without notice by posting an amended Agreement on Point’s website at https://www.point.app/deposit-card-terms, and any such amendment will be effective upon posting, subject to applicable law. Notwithstanding, in accordance with applicable law, Point, on our behalf, will mail or deliver written notice (including by electronic delivery) at least 21 days prior to any amendment or other change to this Agreement that: (a) increases any fee payable by you; (b) increases your liability; (c) makes fewer types of electronic funds transfers (“EFTs”) available to you; or (d) further limits the frequency or dollar amounts of such transfers. Point, on our behalf, will otherwise provide advance notice of any amendment or other change to this Agreement in accordance with applicable law.

Eligibility

The Account is available to U.S. citizens or lawful permanent residents of the 50 U.S. states, as well as the District of Columbia, American Samoa, Guam, Marshall Islands, Northern Mariana Islands, Palau, and U.S. Virgin Islands who are at least 18 years of age, have a U.S. physical address or with military addresses (APO or FPO), and have a valid Social Security Number or Tax Identification Number. The Account is only available to individuals for personal, family or household purposes and may not be opened by a business or used for business purposes.
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We may decline to open an Account or issue a PointCard to you for any reason, or for no reason; this includes if you have had or currently have any other relationships or accounts with either us or Point that you did not maintain in a satisfactory manner. We are not liable for any damages or liabilities resulting from the refusal of an Account.

Titling and Ownership of the Account

The Account may only be owned in the name of one person who may make deposits and transfer or withdraw funds. The Account cannot be owned or titled as a joint account, trust account, a Uniform Transfers to Minors (UTMA) account, or a Payable On Death (POD) account. You cannot give a security interest or pledge your Account to someone other than us without first getting our express written consent, which we may withhold for any or no reason.
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Accounts may not be opened by a person acting in a fiduciary capacity unless otherwise approved by us in advance. A fiduciary is someone who is appointed to act on behalf of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This Agreement and the Account relationship do not create a fiduciary relationship or any other special relationship between you and us. This means that we do not act as your trustee or financial advisor, and we don't assume any responsibility for your Account beyond reasonable care.

IMPORTANT ACCOUNT OPENING INFORMATION

Due to the passage of the USA PATRIOT Act, we are required to notify you of the following information:Federal laws and regulations require us to request information from you prior to opening an Account or adding an additional signatory or authorized user to an Account. The information we request may vary depending on the circumstances, but at a minimum, will include your name, address, an identification number such as your social security or taxpayer identification number, and for individuals, your date of birth. We are also required to verify the information you provide to us. This verification process may require you to provide us with supporting documentation that we deem appropriate. We may also seek to verify the information by other means. We reserve the right to request additional information and/or signatures from you from time to time.
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You may only apply for an Account by submitting a request through Point and providing all requested information. By opening an Account, you agree that we can gather your personal information from one or more consumer reporting agencies, governmental entities, and/or other third parties. You also agree that we have the right to access follow-up consumer reports while your Account is open for maintenance, review, or collection purposes.
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Your Account will not be considered "opened" until we notify you that it is open.

The Basics of the Account

The Account is a non-interest bearing deposit account used to hold your deposited funds and to make EFTs to and from your accounts at other financial institutions and to make payments to third parties through Point’s mobile application (the “Mobile App”) and through the use of the PointCard. There is no minimum deposit required to open or maintain your Account and no minimum balance you need to maintain in your Account to avoid a fee. Please refer to “Fees” section below for fees that may be charged to your Account. Separate terms and conditions apply to the Mobile App and services administered on our behalf by Point, including its reward program. Please refer to the Terms of Use, available at www.point.app/terms, for additional information.

Funds Transfer Authorization and Instructions

You authorize us to honor, accept, execute, and otherwise act on any EFT or other communication transmitted by you and accepted by us for any Account. However, we reserve the right, subject to applicable law, to hold funds pending settlement or for such period of time as we deem necessary, in our sole discretion, to cover items which may be returned unpaid.
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For EFTs through ACH, you authorize us to originate ACH transfers on your behalf, which will result in a debit or credit to one of your Accounts and a corresponding credit or debit to the receiving account. For ACH debit entries, you are limited to debiting and pulling funds to your Account only from accounts you own at other financial institutions that you have linked to your Account. You authorize us to validate your ownership of such other accounts through any commercially reasonable means, including through third-party service providers. In connection with debit entries, we may, subject to the Nacha Operating Rules, hold funds to make sure that the item will not be returned unpaid before we will credit your Account. If the ACH transaction is returned for any reason and the payment has been credited to your Account, you authorize us to debit your Account, in whole or in part, for the amount of the returned item and for any applicable returned item fee which may be facilitated by Point. You agree to initiate all ACH transactions described herein in accordance with applicable law and in compliance with the Nacha Operating Rules. You agree we may audit your compliance with this Agreement and the Nacha Operating Rules and may terminate or suspend this Agreement for any identified breach thereof.
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You acknowledge that we are entitled to rely on information provided by you in acting on any EFT or other communication. If you originate an EFT and you identify by name and number a beneficiary financial institution, an intermediary financial institution, or a beneficiary, we and every other receiving or beneficiary financial institution may conclusively rely on the identifying number to execute the EFT request. We may rely on the number even if it identifies a financial institution, person, or account other than the one named. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your Account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries may be made by ACH.

Deposit Methods and Limitations

You may make deposits into your Account subject to the limitations and using any of the methods described below. You may only deposit funds that are immediately available. We do not accept deposits made in cash, by check, or any form of deposit denominated in a foreign currency. Any attempt to mail us any deposit consisting of cash, check(s) or foreign currency will be sent back to the address we have on file for you. We are not liable if you do not receive the returned funds. You may not make deposits into your Account at any automated teller machine (“ATM”).
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As set forth below, we use customer approval levels to determine limits on the dollar amount of deposits related to your Account. Approval levels are determined by a combination of criteria, which include criteria like account age, transaction history, and other factors. The customer approval levels set forth below are designed to provide you with an understanding of frequency and dollar amount limits on specified transactions, but we may also impose additional limits. These additional limits are designed to be flexible in order to protect the security and integrity of the service and accounts, as well as you and all other users of the service. To the extent required by applicable law, any adverse changes to the customer approval levels will be disclosed to you in accordance with Section 2 and applicable law. Notwithstanding, confidential aspects of our customer approval levels essential to the security of your Account may not be disclosed to you.

Withdrawal Methods and Limitations

You may withdraw or transfer all or any part of the available Account balance at any time, subject to the transaction limitations and by using any of the methods set forth below. Before permitting a withdrawal or other transaction, we may request that you provide us with additional information or documentation that we deem necessary to confirm your identity or to prevent illegal activity. We may refuse the transaction if you do not comply with our request. You cannot withdraw or otherwise transfer funds by check, and we do not permit you to draft checks drawn on your account.
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As set forth below, we use customer approval levels to determine limits on the dollar amount of EFTs related to your Account. Approval levels are determined by a combination of criteria, which include criteria like account age, transaction history, and other factors. The customer approval levels set forth below are designed to provide you with an understanding of frequency and dollar amount limits on specified transactions, but we may also impose additional limits. These additional limits are designed to be flexible in order to protect the security and integrity of the service and accounts, as well as you and all other users of the service. To the extent required by applicable law, any adverse changes to the customer approval levels will be disclosed to you in accordance with Section 2 and applicable law. Notwithstanding, confidential aspects of our customer approval levels essential to the security of your Account may not be disclosed to you.

Linking Accounts

You may link another bank account you own to your Account in order to transfer funds between the linked bank account and your Account using the Mobile App. You may only link a bank account titled in your name (either individually or jointly) and for which you have full authority to authorize charges, debits, and all other transactions. You agree that your transfer instructions with respect to such account are the authorization for us to complete the EFT request on your behalf. Your authorization may be collected by Point or another third-party service provider to facilitate the transfer.
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You represent and warrant: (a) that you have the right to authorize any and all charges and debits to the linked account; (b) the linked account is held at a depository institution located in the U.S.; and (c) you are individually or jointly the owner of the linked account. By linking a bank account, you agree to indemnify and hold us harmless from any claims by any person related to the linked bank account, including any other owner of the linked bank account. You may only link a bank account that is a deposit account, such as a checking, savings or money market account. At all times your relationship with each other bank is independent of Column. We are not responsible for any acts or omissions by any other bank, including any modification, interruption, or discontinuance of any account by such bank or by any other third party, or any fees that any other bank may charge you in connection with any EFT.

Hours and Funds Availability Policy

Our policy is to make funds from electronic direct deposits available on the day we receive the deposit. However, it may take several days for us to receive ACH transfers from a linked bank account. Once they are available, you can withdraw the funds using your PointCard and make other transfers subject to the disclosed limitations. As a reminder, ACH debit transactions where funds are pulled from a linked account are not considered electronic direct deposits and we may hold those funds to ensure the transaction is not returned or rejected by the paying bank for any reason.
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For the purposes of this Agreement, our open hours are 9am Pacific Time to 5pm Pacific Time. And every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 5pm Pacific Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 5pm Pacific Time on a non-business day, we will consider that the deposit was made on the next business day.

Overdrafts

We do not permit you to overdraw your Account and we do not charge you insufficient funds fees or overdraft fees. If the available balance in your Account is not sufficient to cover any transaction you have authorized, we may refuse to process the transaction, even if you make a deposit later in the business day after we refuse your withdrawal request. There may be instances where your Account can still become overdrawn. For example, if a deposit is returned or rejected by the paying bank or if a merchant settles a PointCard transaction for an amount greater than the amount authorized, such as adding a tip or at a gas station. You must deposit funds immediately to cover any overdrawn or negative balance in your Account. If your Account has a negative balance for 60 business days or more, we may close your Account. The amount of any overdraft or negative balance must be paid prior to opening any other Account with us.

EFT Disclosure

• Your Rights and Responsibilities
  
  Your Account and PointCard allow you to withdraw funds up to the available balance or make deposits through EFTs. EFTs are transactions that are processed by electronic means and include, among others, ACH transfers, debit card transactions, and ATM withdrawals. This section provides you with information and important disclosures and terms about the EFTs that are permitted on your Account or in connection with your PointCard. You may also receive additional services from Point, such as the ability to request EFTs to and from your Account through the Mobile App. Point is solely liable and responsible for the Mobile App and related services. Please refer to Point’s terms of service for additional terms and disclosures applicable to those services.

• Types of EFTs Supported
  
  Indicated below are types of EFTs, subject, in each case, to the applicable customer approval levels, you are eligible to request in connection with your Account.

  • EFTs initiated by third parties. You may authorize a third party to initiate EFTs between your Account and the third party’s account. These transfers to make or receive payment may be one-time occurrences or may recur as authorized by you. These transfers may use the ACH or another payments network. Your authorization to the third party to make these transfers can occur in a number of ways. A third party may initiate EFTs using your Account number and bank information. Thus, you should only provide your bank and Account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these EFTs.

  • Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your Account.

  • Preauthorized payments. You may make arrangements to pay certain recurring bills from your Account.

  • PointCard. You may make purchases or other transactions using your PointCard at merchants that have agreed to accept the PointCard.

  • ATM withdrawals. You may make ATM withdrawals using your PointCard.

  • Transfers to or from linked accounts. You may transfer to or from your Account to a linked bank account through the Mobile App.

• Fees
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  We assess fees for some services, including an annual fee for maintaining your account and in connection with the administration of the PointCard. We will disclose any fees to you when opening your Account, when you start using a Service, or through electronic means. You can review the fees associated with your account within the “Billing” tab in the Point Mobile App.
  
  The annual fee will be deducted automatically from your Account on the date on which your account is funded and annually thereafter.
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  You agree to pay all fees and charges applicable to your Account and PointCard. All fee amounts will be withdrawn from your Account and will be assessed as long as your Account is open, except where prohibited by law. Any time your remaining balance is less than the fee amount being assessed, the balance of your Account will be applied to the fee amount resulting in a zero balance on your Account. Fees are subject to change at any time. We will provide you advance notice of any changes where required by law.

  Fee Description

  Fee Amount/Frequency

  Additional Information

  Out of Network ATM

  $0

  Point will reimburse you for the fees associated with the first two out-of-network ATM withdrawals each month. The ATM operator or other third party may charge you a fee. This fee could be charged for transactions, as well as balance inquiries, even if you do not complete a withdrawal. Such fees will be charged to your Account by the ATM operator and we do not control these third party fees.

  In Network ATM

  $0

  Foreign Transaction Fee

  $0

  Replacement Card

  $0

  Point may charge you fees separate and apart from the fees set forth herein. Please refer to any agreement you may have with Point for additional information on such fees. Column is not responsible for any fees charged by Point for its services.

• Documentation

  • Terminal transfers. You can get a receipt at the time you make a transfer to or from your Account using an ATM or point-of-sale (“POS”) terminal.

  • Preauthorized credits. If you have arranged to have direct deposits made to your Account at least once every 60 days from the same person or company, you can contact us using our Mobile App or by email at help@point.app to find out whether or not the deposit has been made or you can check if the deposit has been made by reviewing your transaction history in the Mobile App.

  • Periodic Statements. Point, on our behalf, will provide you information about each transaction that debits or credits your Account on your statements. Please refer to the section titled “Statement” for information about statements. You may also view your transaction history at any time through the Mobile App.

• Preauthorized Payments

  • Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments from your Account, you can stop any of these payments. Here is how: email us at help@point.app, text us at +1 650 539-2701, or contact us using the Mobile App in time for us to receive your request three business days or more before the payment is scheduled to be made. To activate your PointCard and to check your Account balance you can call 1 866 432-7696. If you contact us through one of these methods, we may also require you to put your request in writing and email it to us within 14 days after you make contact. Make sure to provide us with: (A) your name; (B) your Account number; (C) the company or person taking the payments; and (D) the date and amount of the scheduled payment you wish to stop. If you want all future payments from that company or person stopped, be sure to tell us that as well. If you do not provide us with the correct information, such as the correct payee or the correct amount of the payment you wish to stop, we may not be able to stop the payment.

  • Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to receive this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

  • Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

• Our Liability for Failure to Complete an EFT
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  If we do not complete a transfer to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
  

  • If, through no fault of ours, you do not have enough money in your Account to make the transfer.

  • If the ATM where you are making the transfer does not have enough cash.

  • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.

  • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable care that we have taken to prevent such circumstances.

  • Your PointCard has been frozen, revoked, canceled or suspended.

  • Your Account is closed or inactive.

  • If we do not complete a transaction because we or Point has reason to believe the transaction is unauthorized or illegal.

  • If your funds are not available due to a hold or if your funds are subject to legal process.

  • As permitted by applicable law or in accordance with the applicable limitation by customer level.

• Liability for Unauthorized Transfers
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  Tell us AT ONCE if you believe your PointCard, PIN, and/or code has been lost or stolen, or if you believe that an EFT has been made without your permission. Texting us at +1 650 539-2701, emailing us at help@point.app, or contacting us through the Mobile App is the best way of keeping your possible losses down. You could lose all the money in your Account and any other accounts linked through the Mobile App). If you tell us within two business days after you learn of the loss or theft of your PointCard, PIN, and/or code, you can lose no more than $50 if someone used your PointCard, PIN, and/or code without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your PointCard, PIN, and/or code, and we can prove we could have stopped someone from using your PointCard, PIN, and/or code without your permission if you had told us, you could lose as much as $500.
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  Also, if your statement shows EFTs that you did not make, including those made by card, code, or other means, and you do NOT contact us within 60 days after the statement was made available to you, you may not get back any money lost after the 60 days if we can prove that your contacting us would have prevent those losses. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
  

• Error Resolution
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  In Case of Errors or Questions About Your EFTs, email us at help@point.app, text us at +1 650 539-2701, or contact us through the Mobile App as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  • Tell us your name and account number (if any).

  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

  • Tell us the dollar amount of the suspected error.

  If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
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  We will determine whether an error occurred within 10 business days (20 business days for a transfer to or from an Account made within 30 days after the first deposit to such Account was made (a “New Account”)) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involves a New Account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involves a New Account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Account. Your Account is considered a New Account for the first 30 days after the first deposit is made, unless you already had an established transaction Account with us before this account was opened.
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  We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
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  You may ask for copies of the documents that we used in our investigation by emailing us help@point.app, texting us at +1 650 539-2701, or contacting us through the Mobile App.

Confidentiality and Privacy Policies

Your privacy is very important to us. Under this Agreement, we will generally only disclose information to third parties about your Account or the transactions you make: (a) to verify your identity and determine if we should open an Account for you or issue you a PointCard using services provided to us by third parties; (b) where it is necessary for completing transfers; (c) to verify the existence and condition of your Account for a third party such as a credit bureau or merchant; (d) to comply with government agency or court orders; (e) as disclosed in our privacy policy linked below; (f) to Point for it to market its products and services to you; or (g) if you give us your written permission to share your information.

Please refer to Column’s privacy policy, appended to this Agreement, for more information. You should review this privacy policy carefully. Services separately offered by Point are subject to Point’s privacy policy. Please carefully review Point’s privacy policy www.point.app/privacy for more information about how they disclose information to third parties. Column has no control over your data provided or collected by Point in connection with its separate services.

Illegal Use

You agree not to make any EFT, nor use your Account or PointCard, for illegal gambling or any other illegal purposes. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which you may be located.

Liability

You agree, for yourself (and any person you represent if you sign as a representative of another) to the terms of this Agreement. You authorize us to deduct all charges, without notice to you, directly from the Account as accrued. You are also responsible for reviewing your Account statements as they are made available to you for errors or unauthorized activity.

You also agree to be liable for any negative Account balance and Account shortage resulting from charges or overdrafts, whether caused by you or another with access to this Account or PointCard. This liability is due immediately, and can be deducted directly from the Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft.

You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Account. This includes you and an authorized signer or similar party or a third party claiming an interest in your Account. This also includes any action that you or a third party takes regarding the Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Account when they are incurred, without notice to you.

Notices

Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. If no delivery instruction is provided, notice must be given by emailing us at help@point.app. We must receive it in time to have a reasonable opportunity to act on it. Other than as provided in this Agreement, all notices to us should be delivered to:
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Point Up Inc.
Attn: Legal Department
650 California St., 30th Floor
San Francisco, CA 94108

Statements

Statements will periodically be provided to you by email as long as your Account is active. You will receive a statement monthly as long as you have transactions on your Account during the statement period. If there were no transactions on your Account, we will provide you statements at least quarterly.
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You hereby consent to receive all statements and notices in connection with your Account and use of the PointCard electronically and not in paper form. You may access such statements by logging into your Account or by accessing the Mobile App. It is your sole responsibility to ensure your personal computer, mobile device, and related equipment are compatible with and capable of operating in a manner that allows you to access your electronic statements. You agree to notify us promptly if you do not receive your statement by the date you normally would expect to receive it. You agree to keep your email address current with us and that statements emailed to that address will be considered delivered to and received by you.
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You agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action or to otherwise provide us instructions or in accessing or making any transaction regarding this Agreement or any other agreement, acknowledgement, consent terms, disclosures or conditions, constitutes your signature, acceptance and agreement as if actually signed in writing. Further, you agree that no certification authority or other third party verification is necessary to validate your electronic signature, and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or any resulting contract between you and the credit union. 
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You have the right to withdraw your consent to receive your statements in electronic form at any time. If you elect to withdraw your consent to electronic statements, your Account will be closed immediately, as provided in this Agreement. To withdraw your consent to receive electronic statements, email us at help@point.app, text us at +1 650 539-2701, or contact us through the Mobile App.

Account Transfer

This Account may not be transferred or assigned by you without our prior written consent. Your obligations under this Agreement are not assignable or otherwise transferrable. We may assign or otherwise transfer our rights under this Agreement.

Right of Setoff; Authorized Deductions

We may (without prior notice and when permitted by law) set off the funds in your Account against any due and payable debt you owe us or Point, now or in the future. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date.

This right of setoff does not apply to this Account if prohibited by law, including the Military Lending Act or its implementing regulations. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.
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If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your Account, you authorize us to deduct without prior notice, and at any time, the amount of our liability to the federal government from your Account under this Point program, or from any other account you may have with us under any other Point program. We may also use any other legal remedy to recover the amount of our liability. If a deposit or transfer to your Account is returned or rejected by the paying financial institution for any reason, or if there is an error or mistake involving a deposit or transfer, we may deduct the amount of the deposit, transfer, or error without prior notice to you. If there are not sufficient funds in your Account at this time, your Account may become overdrawn.

Posting Order and Account Balances

The order in which transactions are paid is important if there is not enough money in your Account to pay all of the transactions initiated. The payment order can affect the number of transactions that are returned and the amount of the fees you may have to pay. To assist you in managing your Account, we are providing you with the following information regarding how we process transactions.

To determine your available Account balance, we first start with your ledger balance at the beginning of the business day, subtract any holds from your balance and make any adjustments from prior days. Next, we add available deposits and credits to your balance. Then, we subtract each transaction based on the date and time order.

Your available Account balance may not reflect every transaction you have initiated or previously authorized. For example, your available Account balance may not include: (a) transactions you have authorized that we have not received; (b) PointCard transactions where the card authorization has been removed before the transaction is settled due to a merchant’s delay in settlement; or (c) the full amount of a PointCard transaction where the settlement amount is greater than the card authorization amount.

If a transaction is presented without sufficient funds in your Account to pay it, we may, at our discretion, return the transaction due to non-sufficient funds (“NSF”). 

Notwithstanding anything to the contrary, when we process multiple transactions for your Account on the same day, you agree that we may in our discretion determine our posting orders for the transactions and that we may credit, authorize, accept, pay, decline, or return credits, debits, and holds in any order at our option. We do not always receive debits on the same day that you conduct them. We generally post credits and debits to your Account, and report them on your statement, in a different order than the order in which you conduct them or we receive them. We may change the way we group transactions together or the order in which we post transactions to your Account at our discretion and without notice to you. We sometimes add or delete categories, change posting orders within categories and move transaction types among categories. You agree that we may in our discretion make these changes at any time without notice to you. It is therefore important for you to keep track of the deposits you make and the transactions you authorize to make sure there are sufficient funds in your Account to cover all transactions and any applicable fees.

Legal Actions Affecting your Account

If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your Account (“Legal Action”), we will comply with that Legal Action, and, in our discretion, we may freeze the assets in the Account and not allow any payments out of the Account until a final court determination regarding the Legal Action. In these cases, we will not have any liability to you if there are insufficient funds to pay any transaction using your Account because we have withdrawn funds from your Account or in any way restricted access to your funds in accordance with the Legal Action. Any fees or expenses we incur in responding to any Legal Action (including attorneys’ fees and our internal expenses) may be charged against your Account.

Information, Address, or Name Changes

You must notify us immediately if there is a change to your name, telephone number, mailing address, email address, or any other information you have provided us. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders and sent to help@point.app, and must submit any proof of address and identification requested by us. We will attempt to communicate with you only by use of the current email address on file. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address.

Account Closure

We may also close this Account at any time upon reasonable notice to you and tender the Account balance by mail or transfer to a linked account. Items presented for payment after the Account is closed may be dishonored. When you close your Account, you are responsible for leaving enough money in the Account to cover any outstanding items to be paid from the Account. Reasonable notice depends on the circumstances, and in some cases, such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or Account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your Account, we might immediately freeze or close your Account and then give you notice. If we have notified you of a change in any term of your Account and you continue to have your Account after the effective date of the change, you have agreed to the new term(s).

Death or Incompetence

If you die or are declared legally incompetent, we may comply with court orders and legal documents, and take direction from affiants, court-appointed representatives, guardians, or conservators. We may require additional documentation be provided to us before complying with any orders. We may continue to honor your items and instructions until: (1) we know of your death or incompetence, and (2) we have had a reasonable opportunity to act on that knowledge. We also may, at our sole discretion, freeze, set-off, refuse, and/or reverse any transaction (including but not limited to, federal or retirement benefits to the deceased) if you die or becomes legally incompetent. You also agree that, at our sole discretion, we may continue to honor transactions by your agents on the Account until we receive written notice to the contrary.

Telephonic Instructions

Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine.

Monitoring and Recording Telephone Calls and Consent to Receive Communications

We may monitor or record phone calls for security, recordkeeping, and quality control purposes. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation.

To provide you with the best possible service in our ongoing business relationship for your Account, we may need to contact you about your Account or PointCard from time to time by text message or email. However, we must first obtain your consent to contact you about your Account or PointCard because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991, CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission. Your consent is limited to this Account and PointCard, and as authorized by applicable law and regulations. Your consent does not authorize us to contact you for telemarketing purposes (unless you otherwise agreed).
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With the above understandings, you authorize us to contact you regarding your Account and/or PointCard throughout its existence using any telephone numbers or email addresses that you have previously provided to us or that you may subsequently provide to us.

This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voicemail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device.

You may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us. To revoke the consent provided pursuant to this subsection, you must send 10 days’ prior written notice of such revocation to help@point.app.

Claim of Loss

If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your Account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen PointCard or access credentials or unauthorized withdrawals. Subject to “EFT Disclosure; Error Resolution,” we will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss.

Resolving Account Disputes

Subject to “EFT Disclosure; Error Resolution,” we may place an administrative hold on the funds in your Account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to: (a) your own interest; (b) others claiming an interest as survivors or beneficiaries of your Account; or (c) a claim arising by operation of law. The hold may be placed for such a period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any transactions that are dishonored or returned as a consequence of placing a hold on funds in your Account for these reasons.

Closing your Account

You can close your Account at any time and for any reason by submitting a request through the Mobile App or by contacting us by email at help@point.app. It is important to understand that simply reducing your Account balance to zero ($0) is not sufficient to close your Account. We reserve the right to refuse your request if you have a negative balance on your Account.

We may also suspend or close your Account at our discretion and for any reason with or without notice. This includes if we believe you are using your Account or PointCard for fraudulent or illegal purposes or in violation of law or regulation, this Agreement, any other agreement you may have with us or Point, or if you otherwise present undue risk to us or Point. We are not responsible to you for any damages you may suffer as a result of the closure or suspension of your Account.

Subject to applicable law, if your Account is closed, we will return your funds to you by ACH transfer to a linked bank account. If there is no linked bank account, we may return your funds via paper check. The closure of your Account or termination of this Agreement does not impact any right or obligation that arose prior to closure or termination, or any right or obligation that, by its nature, should survive termination.

Unclaimed Property

State escheat or unclaimed property laws require us to close your Account and transfer your money to the state if your Account is dormant for a period of time as defined by your state of residence. Your Account can become dormant if there is no transactional activity for a period of time specified by applicable state law or you do not communicate with us regarding your Account during such period. If your Account becomes dormant, you may no longer receive statements, but you can still view your Account through the Mobile App. If your funds are remitted or escheated to the state, you may be able to reclaim them by petitioning the state.

Contacting Us

You may contact us with any questions or concerns regarding your Account. The best way to contact us is by email at help@point.app or the Mobile App. You may also text us at +1 650 539-2701 to report that your PointCard has been lost or stolen, and to activate your PointCard. To check your Account balance you can call +1 866 432-7696. We do not recommend using this telephone number for other types of inquiries.

Limitations of Liability

EXCEPT AS REQUIRED BY LAW AND CONTEMPLATED IN THE SECTION “EFT DISCLOSURE,” NEITHER WE NOR POINT IS LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY YOUR NEGLIGENCE, ACTS OR OMISSIONS OF THIRD PARTIES, MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF COLUMN, PROVIDED COLUMN EXERCISED SUCH DILIGENCE AS THE CIRCUMSTANCES REQUIRE.

EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE OR POINT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE DAMAGES, OR ATTORNEYS’ FEES, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR POINT WILL BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT, AND NO SUCH THIRD PARTY WILL BE DEEMED TO BE OUR AGENT. NEITHER WE NOR POINT ARE LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS. YOU AGREE THAT YOU WILL NOT WAIVE ANY RIGHTS YOU HAVE TO RECOVER YOUR LOSS AGAINST ANYONE WHO IS OBLIGATED TO REPAY, INSURE, OR OTHERWISE REIMBURSE YOU FOR YOUR LOSS. YOU WILL PURSUE YOUR RIGHTS OR, AT OUR OPTION, ASSIGN THEM TO US SO THAT WE MAY PURSUE THEM. OUR LIABILITY WILL BE REDUCED BY THE AMOUNT YOU RECOVER OR ARE ENTITLED TO RECOVER FROM THESE OTHER SOURCES.

Disclaimer

ALL ACCOUNT FEATURES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND, WITH RESPECT TO THE MOBILE APP OR OTHER SERVICES PROVIDED BY POINT, LACK OF VIRUSES RELATED TO SUCH MOBILE APP AND OTHER SERVICES.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold us and our officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to: (a) the matters set forth herein; (b) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement and applicable law; (c) any action or omission by you in violation of this Agreement or applicable law; or (d) our action or inaction in reliance upon oral, written or electronic instructions or information from you.

Dispute Resolution

This Dispute Resolution provision (this “Dispute Resolution Provision”) sets forth the circumstances and procedures under which Claims (as defined below) will be arbitrated instead of litigated in court upon the election of either party. Neither you nor we will have the right to: (a) have a court or a jury decide the dispute; (b) engage in information-gathering (discovery) to the same extent as in court; (c) participate in a class action in court or in class arbitration; or (d) join or consolidate a claim with claims of any other persons. Arbitration procedures are simpler and more limited than rules applicable in court. The decision of the arbitrator is final and binding.

As used in this Dispute Resolution Provision, the term “Claim” means any claim, dispute, or controversy between you and Column, Point, or any of their agents or retailers, arising from or relating to the PointCard, the Account, or this Agreement, as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Dispute Resolution Provision or the Agreement. “Claim” includes claims of every kind and nature, including initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example, any claim, dispute or controversy that arises from or relates to: (a) your PointCard or Account; (b) the amount of available funds in the Account; (c) advertisements, promotions or oral or written statements related to the Account, goods or services purchased with the PointCard; (d) the benefits and services related to the Account; and/or (e) your enrollment for any PointCard. We will not elect to use arbitration under the Dispute Resolution Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court will be pursued only in arbitration. As used in this Dispute Resolution Provision, the terms “we” and “us” will for all purposes mean Column, Point, their respective wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and all of their agents, employees, directors and representatives. In addition, “we” or “us” will include any third party using or providing any product, service or benefit in connection with any Account (including merchants who accept the PointCard, third parties who use or provide services, 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 us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Dispute Resolution Provision, the terms “you” or “yours” will mean all persons or entities approved by us to have and/or use a PointCard, including all persons or entities contractually obligated under any of the Agreements and all additional cardholders. “Claim” will not include any services provided by Point pursuant to its terms of service, and any dispute related to the Point terms of service or services provided thereunder are to be governed by the Point terms of service.
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NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. FURTHER, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT, SUBJECT TO THE SECTION TITLED EXCLUDED CLAIMS, OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA.

Any Claim will be resolved, upon the election by you or us, by arbitration pursuant to this Dispute Resolution Provision 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. Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you will have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows:
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(a) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and
(b) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

There will be no right or authority 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 the general public, other account holders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Any arbitration hearing that you attend will take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

This Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration will be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Dispute Resolution Provision will control if it is inconsistent with the applicable Code. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law and, at the timely request of either party, will provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator will not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who will notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator will take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which will consider anew any aspect of the initial award objected to by the appealing party. The appealing party will have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal will be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred 120 days of the date of the appellant’s written notice. The decision of the panel will be by majority vote and will be final and binding.

This Dispute Resolution Provision will survive termination of your Account, this Agreement and any bankruptcy by you or us. If any portion of this Dispute Resolution Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it will not invalidate the remaining portions of this Dispute Resolution Provision, this Agreement or any prior agreement you may have had with us, each of which will be enforceable regardless of such invalidity.

Additional Terms for PointCard 

You will receive a PointCard with your Account. The PointCard is a Visa Debit Card that is issued by Column N.A. pursuant to a license from Visa U.S.A. Inc. The PointCard allows you to access funds in your Account up to your available balance, subject to limits set forth in this Agreement, and will expire on the expiration date printed on the back of the PointCard. As long as your Account is in good standing, we will send you a replacement PointCard as your expiration date nears. The PointCard is the property of Column and must be surrendered upon demand. The PointCard is non-transferable, and it may be cancelled, repossessed, or revoked at any time without prior notice except where required by law. Not all services or features of your PointCard described in this Agreement are available to all persons or at all locations. Any offer of a service or feature of your PointCard in this Agreement will be deemed void where prohibited. Use of the PointCard is also subject to all applicable rules and customs of any payment network, clearing house, or other association involved in transactions in addition to this Agreement. The terms set forth in this section are in addition to any other terms in this Agreement applicable to the PointCard.

Activating your PointCard 
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You must activate your PointCard by following the instructions that come with the PointCard before it can be used. You will also need to set up a Personal Identification Number (“PIN”). Do not write down your PIN or give your PIN number to anyone. You may be required to provide personal information to verify your identity to complete the activation process. You agree to sign the back of your PointCard immediately upon receipt.

PointCard Purchases
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You may use your PointCard to make purchases using your PIN at any merchant with a POS device anywhere that displays the Visa, Interlink, Plus, Maestro or Cirrus acceptance marks. You may also use your PointCard to make purchases without your PIN anywhere that Visa debit cards are accepted.

Split and Card-Not-Present Transactions
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You can instruct a merchant to charge your PointCard for part of a purchase and pay any remaining amount with cash or another card (a “Split Transaction”). Some merchants do not permit Split Transactions. If you wish to conduct a Split Transaction, you must tell the merchant the exact amount you would like charged to your PointCard. If you fail to inform the merchant you would like to complete a Split Transaction and you do not have sufficient available funds in your Account to cover the entire purchase amount, your transaction is likely to be declined. You may make retail card purchases without presenting your PointCard by providing information from your PointCard, such as in transactions done by internet or telephone. Conducting transactions in this way has the same legal effect as if you used the physical PointCard itself. For security reasons, the amount or number of such transactions you can make may be limited.

ATM and POS Withdrawals
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With your PIN, you can use your PointCard to obtain cash from your Account up to your available Account balance at any ATM or any POS in the United States that displays the Visa, Interlink, Plus, Maestro, or Cirrus logos. Not all merchants permit you to get cash back through their POS devices. We do not own any ATMs. You may be charged a fee by the ATM operator for a balance inquiry or even if you do not complete a withdrawal. This ATM fee is a third-party fee amount assessed by the individual ATM operator only and is not assessed or controlled by us. This ATM fee amount will be charged to your Account. You may receive a receipt from certain ATMs and POS terminals. This receipt is not binding on us and is subject to verification by us. Our records will control if there is a difference between the receipt and our records.

Authorized Users
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The PointCard is solely for your use, and you may not request an additional card for another person. If you give anyone else access to your PointCard, we will treat any transaction they initiate as authorized by you and you will be responsible for all transactions and fees that occur.

Currency Conversion and Cross-Border Transaction Fees
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If you effect a transaction with your PointCard in a currency other than U.S. dollars, Visa will convert the charge into a U.S. dollar amount. The Visa currency conversion procedure includes use of either a government-mandated exchange rate, or a wholesale exchange rate selected by Visa, in its sole discretion. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your Account.

‍Virtual PointCard
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When you open an Account, you will also receive a virtual card (“Virtual PointCard”) represented by a 16-digit card number, a three-digit card verification value (“CVV”) number and an expiration date. The Virtual PointCard is separate from your physical PointCard and can be managed through the Mobile App. We will issue you a replacement Virtual PointCard when it expires. The Virtual PointCard accesses the available funds in your Account to make card-not-present transactions anywhere Visa debit cards are accepted in the same way as your physical PointCard. The Virtual PointCard can also be added to a digital wallet (see the subsection titled “Digital Wallet” below) in the same way as your physical PointCard. Your use of the Virtual PointCard is subject to the terms of this Agreement, including transaction limitations and customer approval levels, to the same extent as your physical PointCard.
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A Temporary Debit Authorization Hold Affects Your Account Balance
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On PointCard purchases, merchants may request a temporary hold on your Account for a specified sum of money or a preauthorization for the transaction, either of which may be more than the actual amount of your purchase. If you use your PointCard at a restaurant, hotel, or rental car company, we will place a hold in the amount of the preauthorization, plus an additional 20% or more. If you use your PointCard at an automated fuel dispenser at a gas station, we will place a hold of $75 or more. When this happens, our processing system cannot determine that the amount of the hold exceeds the actual amount of your purchase. This temporary hold, and the amount charged to your Account, will eventually be adjusted to the actual amount of your purchase, but it may be up to seven days for more transactions before the adjustment is made. For transactions at hotels, it may take up to 30 days for the hold to be removed. For transactions at rental car companies, it may take up to 60 days for the hold to be removed. Until the adjustment is made, the amount of funds in your Account available for other transactions will be reduced by the amount of the temporary hold or preauthorization. If another transaction is presented for payment in an amount greater than the funds left after the deduction of the temporary hold or pre authorization amount, that transaction may result in a NSF transaction. 

As an example, some merchants may request an authorization for the amount that they estimate you will spend and place a temporary hold for that amount. This estimated amount is likely to be different (either more or less) than the actual transaction amount. Typically, temporary holds are placed for up to three business days, but exact times may vary. If a temporary hold is placed, please note that it may impact your available balance by an amount either more or less than you expected until the transaction posts. We are not responsible for damages or losses of any type, including wrongful dishonor, for any transaction that is not authorized or that is returned unpaid because of a hold.

‍Return and Refunds
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Be aware of merchants’ return policies before making purchases. Neither we nor Point is responsible for the delivery, quality, safety, legality or any other aspect of the goods or services you purchase. If you have a problem with a purchase that you made with your PointCard or if you have a dispute with the merchant, you must handle it directly with the merchant. If you are entitled to a refund for any reason for goods or services obtained using your PointCard, you agree to accept credits to your PointCard for the refund and agree to the refund policy of the merchant. The amounts credited to your PointCard for refunds may not be available for up to five days from the date the refund transaction occurs.
Other than as set forth in this Agreement, you do not have a right to stop payment on any PointCard transaction (POS or ATM) authorized by you.
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Replacing Your PointCard
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If you need to replace your PointCard for any reason, please contact us by email at help@point.app or contact us via the Mobile App. You will be required to provide personal information so that we may verify your identity before we will issue you a replacement PointCard. If you believe your PointCard has been lost or stolen, you may immediately disable it by contacting us at 1 866-432-7697. We reserve the right to cancel any PointCard that has been disabled for 60 calendar days or longer.
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Benefits
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Your PointCard may be eligible for certain benefits provided by Point and other parties. Please check the benefits section of the Mobile App.
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‍Suspension and Cancellation
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We may refuse to issue, deactivate, revoke, suspend or cancel your PointCard at any time with or without notice to you, other than as required by law. This includes deactivating or canceling your PointCard if it has been lost or stolen to prevent unauthorized transactions. You agree not to use your PointCard once it has been deactivated, revoked, suspended or canceled. We may also limit your use of the PointCard, including limiting or prohibiting specific types of transactions. If you would like to cancel your PointCard, you may do so at any time by emailing us at help@point.app. The cancellation of your PointCard privileges will not otherwise affect your rights and obligations under this Agreement.

‍Visa’s Zero Liability Policy
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In addition to the limitations on liability described above, you will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of the PointCard, Virtual PointCard, or PIN. You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue any replacement PointCard, Virtual PointCard, or PIN, but only after you have provided such proof and security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate the PointCard, Virtual PointCard, PIN, or Account to prevent future losses. If you share your PointCard, Virtual PointCard, or PIN with another person, use of the PointCard, Virtual PointCard, or Account by that person may be considered as authorized. If you authorize another person to use the PointCard, Virtual PointCard, or PIN, you agree that you will be liable for all transactions arising from use of the PointCard, Virtual PointCard, or PIN by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction, and you did not benefit from the transaction in any way. Visa’s Zero Liability policy covers U.S.-issued cards only and does not apply to PIN transactions not processed by Visa, or certain commercial card transactions. You must notify us promptly of any unauthorized use.

‍Using Your PointCard with a Digital Wallet
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A digital wallet (“Wallet”) provides another way for you to make purchases with your Virtual PointCard. A digital wallet is a service provided by another company (such as Apple Pay, Google Pay, Samsung Pay, etc.) that allows you to use your Virtual PointCard to enter into transactions where the Wallet is accepted. A Wallet may not be accepted at all places where your Virtual PointCard is otherwise accepted, and your Virtual PointCard may not be eligible for all the features and functionalities of the Wallet. Any use of your Virtual PointCard in or through the Wallet continues to be subject to all terms and conditions of this Agreement. We may terminate your access to or use of your Virtual PointCard with a Wallet at any time and for any reason, including if you violate any of the terms or conditions of this Agreement.

You can add or remove your Virtual PointCard from a Wallet by following the instructions provided by the Wallet provider. By doing this, you agree to allow us to share your Virtual PointCard information with the Wallet provider. You may be required to take additional steps to authenticate yourself before your Virtual PointCard is added to the Wallet. We do not charge you any additional fees for adding or using your Virtual PointCard inside of a Wallet. However, any fees and charges that would apply when you use your Virtual PointCard outside the Wallet will also apply when you use a Wallet to make purchases with or access your Virtual PointCard. The Wallet provider and other third parties, such as wireless companies or data service providers may charge you fees. The digital version of your Virtual PointCard in a Wallet may, in our sole discretion, be automatically updated without notice to you.

We are not the provider of the Wallet, and we are not responsible for providing the Wallet service to you or for ensuring that your Virtual PointCard is compatible with any Wallet service. We are only responsible for supplying information to the Wallet provider to allow usage of your Virtual PointCard in the Wallet as you have requested. We are not responsible for any failure of the Wallet, any mobile device to access the Wallet, or the inability to use the Wallet for any transaction. We are not responsible for how the Wallet provider performs its services or any other third parties regarding any agreement you enter into with the Wallet provider or other third party. We do not control the privacy and security of your information that may be held by the Wallet provider. Any information held by the Wallet provider is governed by the privacy policy given to you by the Wallet provider. If you have location services enabled on your mobile device, the location of your mobile device may be collected and shared by the Wallet provider in accordance with their respective data and privacy policies, including with us. If you request to add your Virtual PointCard to a Wallet, you authorize us to collect, transmit, store, use, and share information about you, your mobile device, and your use of the Virtual PointCard in accordance with our privacy policy, as amended from time to time.

If you use a Wallet, you should protect your Wallet and your mobile device as you would your Virtual PointCard. If your Wallet or mobile device is compromised, lost, or stolen, you should also consider your Virtual PointCard lost or stolen and notify us immediately. If you have any questions, disputes, or complaints about a Wallet, contact the Wallet provider using the information given to you by the provider.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ARE WE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF A WALLET, YOUR USE OF THE POINTCARD OR VIRTUAL POINTCARD IN CONNECTION WITH A WALLET, OR A MOBILE DEVICE.
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