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Digital Wallet Account Agreement

IMPORTANT – PLEASE READ CAREFULLY.  THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY BINDING ARBITRATION.

THE  WALLET ACCOUNT, WALLET APP, AND RELATED FINANCIAL SERVICES, INCLUDING THE E-WALLET, ARE ISSUED OR PROVIDED BY METROPOLITAN COMMERCIAL BANK. FLUZ FLUZ LLC IS THE PROGRAM MANAGER FOR YOUR WALLET APP, WALLET ACCOUNT, E-WALLET AND OTHER RELATED PRODUCTS. IN THAT CAPACITY, FLUZ FLUZ LLC MAY ACT TO PERFORM OBLIGATIONS UNDER THIS AGREEMENT OR ENFORCE RIGHTS UNDER THIS AGREEMENT, AS APPLICABLE.

  1. Terms and Conditions for the Metropolitan Commercial Bank Wallet Account Program.  This Agreement (“Agreement”) contains the terms and conditions that apply to your Wallet Account, Wallet App issued or provided to you by Metropolitan Commercial Bank (Member FDIC). “Metropolitan Commercial Bank” and “Metropolitan” are registered trademarks of Metropolitan Commercial Bank © 2014. Your Wallet Account, Wallet App and E-Wallet make available to you the services described in this Agreement (the “Program”). By accepting and/or using the Wallet App or using any of the services offered under this Agreement, you agree to be bound by the terms and conditions contained in this Agreement, which includes an Arbitration Provision in Section 26.  The “Program Manager” for the Wallet Account Program is Fluz Fluz LLC (“Fluz”) and the Customer Service telephone number is +1 888-960-0526or the toll-free telephone number we provide with the Wallet App. Please read this Agreement carefully and keep it for future reference.

  2. Certain Defined Terms.  Certain of the capitalized words and terms used in this Agreement are defined in this Section.  Some other capitalized words and terms are defined in other Sections of this Agreement.  In this Agreement, “We,” “us,” “our,” and “Bank” mean Metropolitan Commercial Bank, together with its successors and assigns. “You” and “your” means the person or persons who have received the Wallet App and who are authorized to use the Wallet App as provided for in this Agreement. “Program Manager” means Fluz Fluz LLC, together with its affiliates, successors and assigns, and the successors and assigns of its affiliates.

    The following terms are explained further in Section 3 of this Agreement.  In general, however:

    “Fluz Gift Card” means a closed loop electronic payment card that a cardholder can only use to make purchases from a Participating Merchant.

    “Fluz Virtual One-Time Visa Card” means a Visa branded Virtual Card that may be used at a merchant for a one-time purchase from a Participating Merchant. 

    “Participating Merchant” means each business that has agreed with us to accept transactions made using a Fluz Gift Card or Fluz Virtual One-Time Visa Card.

    The “Wallet Account” is the prepaid account that we provide to you to allow you to transfer funds to other Wallet Accounts of other Fluz Members or purchase Fluz Gift Cards or Fluz Virtual One-Time Visa Cards make purchases from Participating Merchants.  

    The “Wallet App” is the mobile application that we provide to you and that you use to (1) add money to your Wallet Account from your Funding Account, and (2) transfer funds to other Wallet Accounts of other Fluz Members or to purchase Fluz Gift Cards or Fluz Virtual One-Time Visa Cards to make purchases from Participating Merchants.  

    The Wallet Account and Wallet App will remain the property of the Bank and use must be discontinued and the application deleted by you upon our demand. The Wallet Account and Wallet App are nontransferable and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. 

    To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Wallet Account. What this means for you: When you apply for a Wallet Account, the Program Manager will ask for your name, address, date of birth, social security number or country identification number, and other information that will allow us to identify you. The Program Manager also may ask to see your driver’s license or other documentation bearing your photo as verification of your identity. By participating in the Wallet Account Program, you agree and warrant that the information and statements you provide to us are complete and accurate, including, but not limited to, your real name, valid mailing address and residential address (if different), social security number or other identification documentation, date of birth, and telephone number. If you falsify, misrepresent, or fail to provide accurate information that the Program Manager requests, we may cancel your Wallet Account, Wallet App.  In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation.  We reserve the right to restrict or delay your access to any such funds.

    English Language Controls.  The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information provided in the English language version of the Agreement.

  3. Wallet App Overview.

    Subject to this Agreement, you may use your Wallet App to transfer funds to other Wallet Accounts of other Fluz Members or purchase Fluz Gift Cards or Fluz Virtual One-Time Visa Cards to make purchases from Participating Merchants.  The list of Participating Merchants is provided in your Wallet App, and that list may change from time to time. 

    The Wallet App and Wallet Account are not gift cards and are not intended for gifting purposes. You will not receive any interest on your funds in your Wallet Account.  The funds in your Wallet Account will not expire, regardless of any expiration date for your Wallet App.

    The funds in your Wallet Account will be FDIC-insured after you have registered your Wallet Account and the Program Manager has verified your identity.   See Section 22 on how to register your Wallet Account.

  4. Your Wallet App and Funding Account.  When you open your Wallet Account, we will provide you with a Wallet App that you will need to download to your mobile device in order to use your Wallet Account.  

    • Your Funding Account.  When you obtain your Wallet Account, you must use the Wallet App to designate a bank account, debit card, or credit card account in your name to be used to add funds to your Wallet Account (your “Funding Account”).  Your Funding Account must be maintained with a financial institution located in the United States.  You may use the Wallet App to change your Funding Account at any time. Before you may use your Wallet Account, you must use the Wallet App to request that we transfer funds from your Funding Account to add money to your Wallet Account.
    • Using Your Wallet App for Purchases.  Before you may use your Wallet App to make purchases, you must first activate the Wallet App by following the instructions providing in your Wallet App.
    • Balance and Transaction Information.  You may use your Wallet App to check the amount of funds you have remaining in your Wallet Account, or you may call the number provided in the Wallet App to obtain that information. You also may see a 12-month history of account transactions using your Wallet App.
  5. FEES.  THE FEES RELATING TO THE USE (AND MISUSE) OF YOUR WALLET APP AND WALLET ACCOUNT ARE SET FORTH IN THE “SCHEDULE OF ALL FEES AND CHARGES” (SCHEDULE A) ATTACHED TO THIS AGREEMENT AND INCORPORATED HEREIN BY REFERENCE. FEES INCURRED PURSUANT TO THE TERMS OF THIS AGREEMENT WILL BE WITHDRAWN FROM YOUR WALLET ACCOUNT AND WILL BE ASSESSED SO LONG AS THERE IS A REMAINING BALANCE IN YOUR WALLET ACCOUNT, UNLESS PROHIBITED BY LAW.  You agree to pay all fees associated with the Wallet Account and Wallet App.  We may from time to time amend the Schedule of All Fees and Charges at our sole discretion as set forth in the Section of this Agreement titled “Amendment and Cancellation.”

  6. Your Wallet App and Wallet Account Liability.  Subject to the Section of this Agreement labeled “Lost or Stolen Wallet App/Unauthorized Transfers” below, and other applicable laws, if you permit another person to have access to your Wallet Account or Wallet App, you are liable for all transactions made with the Wallet Account or Wallet App, and all related fees incurred, by that person, even if you did not specifically authorize any specific transaction or received no benefit from it.  If you want to cancel your E-Wallet, Wallet App or Wallet Account, you may do so as provided in Section 16 of this Agreement (“Wallet Cancellation and Suspension; Limits”).  However, until the Program Manager has received your notice of such cancellation and has had a reasonable time to act upon it, you are responsible for all transactions and fees incurred by you or any other person you have authorized. 

  7. Wallet App Use and Purpose.  Subject to the limitations set forth in this Agreement, you may use your Wallet App to (1) add funds to your Wallet Account (as described in Section 9 below, titled “Adding Funds to Your Wallet Account”), and (2) transfer funds to other Wallet Accounts of other Fluz Members or purchase Fluz Gift Cards or Fluz Virtual One-Time Visa Cards as long as you do not exceed the value available in your Wallet Account or violate any of the limits or terms described in this Agreement (see “Limitations on Frequency and Dollar Amounts of Transactions” in Section 8).  There may be fees associated with some of these transactions. For fee information, see the “Schedule of All Fees and Charges” (Schedule A) attached to this Agreement.   You agree not to use your Wallet Account or Wallet App for illegal gambling or any other illegal purpose. 

  8. Limitations on Frequency and Dollar Amounts of Transactions.  The total amount of purchases that you can perform in any single day is limited to the Daily Purchase Limit stated in the table below.  The maximum aggregate value of your Wallet Account(s) may not exceed $25,000 at any time for an individual and $250,000 for a US Business.  The maximum value will be determined by aggregating the activity and value of all Wallet Accounts you may have with the Program.   For security reasons, we may further limit the number or dollar amount of transactions you can make with your Wallet App.  The following grid is provided in order to highlight the frequency and limitations of transactions in a single day or additional time frame if warranted: 

    Transaction/load typeMaximum amount
    Maximum balance in the Wallet Account$25,000
    Maximum balance in the Wallet Account (US Businesses only)$250,000
    Purchases (POS)$10,000 per day (the “Daily Purchase Limit”)
    Purchases (POS) (US Businesses only)$250,000 per day (the “Daily Purchase Limit”)
    Maximum value loads
    Maximum value loads (US Businesses only)
    Up to $10,000 per day
    Up to $250,000 per day
  9. Adding Funds to Your Wallet Account.  You may add funds to your Wallet Account (called “value loading” or “loading”) at any time by using your Wallet App to request that we transfer funds from your Funding Account to your Wallet Account.  This is the only way that you may add funds to your Wallet Account.  The maximum load amount per a single transaction is $2,000 and aggregate for a full day is $10,000 for an individual user and $250,000 for a US Business.  The maximum aggregate value of funds in your Wallet Account(s) may not exceed $25,000 at any time for an individual and $250,000 for a US Business.  

  10. Your Obligation for Negative Balance Transactions. Each time you initiate a Wallet App transaction, you authorize us to reduce the funds available in your Wallet Account by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount in your Wallet Account through an individual transaction or a series of transactions (creating a “negative balance”).  Nevertheless, if any transactions cause the balance in your Wallet Account to go negative, including any purchase transactions where the retailer or merchant does not request advance authorization from us for the transaction, you agree to immediately load the required amount to your Wallet Account to correct the negative balance.  You will also remain fully liable to us for the amount of any negative balance and any corresponding transaction fees.  We reserve the right to bill you for any negative balance or to recoup such negative balance from any other Wallet Account we have issued to you. You agree to pay us promptly for the negative balance and any related fees. We also reserve the right to cancel your Wallet App if you create one or more negative balances with your Wallet App.

  11. Business Days. Our “Business Days” are Monday through Friday, excluding federal and legal banking holidays in the State of New York, from 9:00AM to 5:00PM ET. 

  12. Authorization Holds.  You do not have the right to stop payment on any purchase transaction originated by use of your Wallet App.

  13. Recurring Transactions.  You may not use your Wallet App or Wallet Account for prescheduled, repeat transactions, also referred to as “recurring transactions.”

  14. Returns and Refunds.  If you are entitled to a refund for any reason for a Fluz Gift Card or Fluz Virtual One-Time Visa Card obtained with your Wallet App, you agree to accept credits to your Wallet Account for such refunds. You are not entitled to a check refund unless your Wallet Account has been closed. The amounts credited to your Wallet Account for refunds may not be available for up to five days from the date the refund transaction occurs.

  15. Wallet Cancellation and Suspension; Limits.  We and the Program Manager reserve the right, in our sole discretion, to limit your use of your Wallet App, including limiting or prohibiting specific types of transactions. We may refuse to issue a Wallet App, revoke Wallet App privileges or cancel your Wallet App with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Wallet App, you may do so by calling the number provided with your Wallet App or +1 888-960-0526. You agree not to use or allow others to use an expired, revoked, canceled, suspended or otherwise invalid Wallet App. The cancellation of Wallet App privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Wallet App privileges through no fault of yours, you will be entitled to a refund as provided below in Section 25 below, titled “Amendment and Cancellation.” Not all services described in this Agreement are available to all persons or at all locations. We and the Program Manager reserve the right to limit, at our sole discretion, 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. We can waive or delay enforcement of any of our rights under this Agreement without losing them.

  16. Receipts/Transaction History.  The Program Manager will store your full transaction history in the Wallet App.  All deposits and withdrawals will be viewable in the Wallet App.

  17. Obtaining Balance and Transaction Information for Your Wallet Account; Periodic Statements Alternative.  You should keep track of the amount of funds available in your Wallet Account. You may obtain information about the amount of funds you have remaining in your Wallet Account by calling the number provided in the Wallet App. You also may see your Wallet Account balance using the Wallet App.  This information, along with a 12-month history of account transactions, is also available on-line through our customer self-service website shown in the Wallet App. If you have registered your Wallet Account as provided in Section 22 of this Agreement, you also have the right to obtain a 24-month written history of account transactions by calling the number provided in the Wallet App or +1 888-960-0526, or by visiting https://fluz.app/contact, or by writing to Fluz Fluz LLC – 234 Fifth Ave 2nd Floor New York, NY 10001.

  18. Confidentiality.  We and/or the Program Manager may disclose information to third parties about your Wallet App, Wallet Account or the transactions you make using your Wallet App: (1) where it is necessary for completing transactions; (2) in order to verify the existence and condition of your Wallet App for a third party, such as a merchant; (3) in order to comply with government agency, court order, or other legal reporting requirements; (4) if you give us your written permission; (5) to our and the Program Manager’s employees, auditors, affiliates, service providers, or attorneys as needed; and (6) as otherwise provided in our Privacy Policy Notice below.

  19. Our Liability for Failure to Complete Transactions.  If we do not complete a transfer to or from your Wallet Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages.  However, there are some exceptions.  Neither we nor the Program manager will be liable, for instance: (1) if, through no fault of ours or of the Program Manager, you do not have enough funds available in your Wallet Account to complete the transaction;  (2) if access to your Wallet App has been blocked after you reported your Wallet App or Access Code(s) (“Access Code” includes your user ID(s), password(s), PIN(s), and any other access code or credential related to your Wallet App or Wallet Account) lost or stolen; (3) if there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (4) if we or the Program Manager have reason to believe the requested transaction is unauthorized; (5) if circumstances beyond our or the Program Manager’s control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we or the Program Manager have taken; or (6) for any other exception stated in our Agreement with you.  In no event will we or the Program Manager be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages.

  20. Lost or Stolen Wallet App/Unauthorized Transfers.  If you believe your Wallet App, Wallet Account, Access Code(s) or PIN has been lost or stolen, call the number provided in the Wallet App, or +1 888-960-0526, or send notice through https://fluz.app/contact, or write to the Program Manager at Fluz Fluz LLC – 234 Fifth Ave 2nd Floor New York, NY 10001. You should also call +1 888-960-0526, the number provided in the Wallet App or write to the address shown here if you believe an electronic transfer has been made using the information from your Wallet App, Wallet Account number, Access Code(s) or PIN without your permission. 

  21. In Case of Errors or Questions about your Registered Wallet Account.  If you think an error has occurred in your registered Wallet Account, call the number provided in your Wallet App or +1 888-960-0526 as soon as you can. The Program Manager must hear from you no later than 60 days after the earlier of: (i) the date you electronically accessed your Wallet Account, if the error could be viewed in the electronic history; or (ii) the date the Program Manager sent you the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling the number provided in your Wallet App or  +1 888-960-0526, or by visiting https://fluz.app/contact, or writing to the Program Manager at Fluz Fluz LLC – 234 Fifth Ave 2nd Floor New York, NY 10001. You will need to tell the Program Manager: (1) your name and phone number; (2) why you believe there is an error, and the dollar amount involved, and (3) approximately when the error took place. If you tell the Program Manager orally, the Program Manager may require that you send your complaint or question to them in writing within 10 Business Days.

    The Program Manager will determine whether an error occurred within 10 Business Days after it hears from you and will correct any error promptly.  If we need more time, however, the Program Manager may take up to 45 days to investigate your complaint or question.  If the Program Manager decides to do this and you have registered your Wallet Account, we will provisionally credit your Wallet Account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation.  If the Program Manager asks you to put your complaint or question in writing and you do not provide it within 10 Business Days, we may not credit your Wallet Account.  The error resolution procedures described in this Section 22 apply only if you have registered your Wallet Account.  Keep reading to learn more about how to register your Wallet Account.

    For errors involving new Wallet Accounts (that is, Wallet Accounts for which the first deposit or value load occurred within the prior 30 days) that have been registered, POS transactions, or foreign-initiated transactions, the Program Manager may take up to ninety (90) days to investigate your complaint or question. For new Wallet Accounts, the Program Manager may take up to twenty (20) Business Days to credit your Wallet Account for the amount you think is in error. The Program Manager will tell you the results within three (3) Business Days after completing the investigation. If the Program Manager decides that there was no error, it will send you a written explanation and debit your Wallet Account for the amount of the provisional credit. You may ask for copies of the documents that it used in its investigation. If you need more information about our error-resolution procedures, contact the Program Manager. 

    Warning Regarding Unverified Accounts; Registering your Wallet Account: It is important to register your Wallet Account as soon as possible. Until you register your Wallet Account and the Program Manager verifies your identity, we and the Program Manager are not required to research or resolve any error regarding your Wallet Account. To register your Wallet Account, go to https://fluz.app. The Program Manager will ask you for identifying information about yourself (including your full name, address, date of birth, and Social Security Number or government-issued identification number), so that the Program Manager can verify your identity.   

  22. Your Liability for Unauthorized Transfers.  You agree to exercise reasonable control over the information related to your Wallet Account, including your Wallet App, Access Code(s) and PIN, and any other access code or device related to your Wallet Account and your Wallet App.  

    Tell the Program Manager AT ONCE if you believe your Wallet App, Wallet Account number(s), or PIN has been lost or stolen or your Wallet App has been used without your permission. The best way to keep your losses down is by calling the toll-free number provided in the Wallet App or +1 888-960-0526. You could lose all of the money in your Wallet Account.  If you tell the Program Manager within two Business Days after you learn of the loss or theft of your Wallet App, you can lose no more than $50.00 if someone used your Wallet App without your permission.  If you do NOT tell the Program Manager within two Business Days after you learn of the loss or theft of your Wallet App, and we can prove that it could have stopped someone from using your Wallet App without your permission if you had told us, you could lose as much as $500.00. 

    Also, if your online or written transaction history shows transfers that you did not make, including those made by your Wallet App, PIN, Wallet Account number or other means, tell the Program Manager at once as described above. If you do not tell the Program Manager within sixty (60) days after the earlier of (1) the date you electronically access your Wallet Account, if that electronic transaction history provided to you reflects the error; or (2) the date the Program Manager sent the FIRST written history on which the error appeared, you may not get back any money you lost after the sixty (60) days if we can prove that it could have stopped someone from taking the money if you had told us in time. If a good, documented, reason (such as a long trip or a hospital stay) kept you from telling us, the Program Manager will extend the time periods. Determining if this is a good reason will be at our or the Program Manager’s sole discretion.

    Warning Regarding Unregistered and Unverified Accounts: The limited liability provisions set forth in this Section only apply if you have registered your Wallet Account.  To register your Wallet Account, follow the directions described in Section 21 above.

  23. Other Terms; Applicable Law.  Your Wallet Account, Wallet App and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Wallet Account and Wallet App is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions.  Neither we nor the Program Manager waives our rights by delaying or failing to exercise them at any time. If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, whether local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement shall be governed by the law of the State of New York except to the extent preempted or governed by federal law.

  24. Amendment and Cancellation.  We may amend or change the terms and conditions of this Agreement at any time. We will not apply any amendments to changes to the Arbitration Provision to any arbitration that is pending at the time of the amendment or change.  You will be notified of any change in the manner provided by applicable law before the effective date of the change. However, if the change is made for security purposes, we may implement such change without prior notice. We may cancel or suspend your Wallet Account or this Agreement at any time. You also may cancel this Agreement by calling the number provided in the Wallet App +1 888-960-0526. If you cancel your Wallet App, you may zero out your Wallet Account balance before closing your Wallet Account or request that we send you a check in the amount of your Wallet Account balance when you close your Wallet Account.  If provided for in the “Schedule of All Fees and Charges” (Schedule A) attached to this Agreement, we may charge you a fee to send you a check in the amount of your Wallet Account balance when your Wallet Account is closed. If your Wallet App is canceled by us when your Wallet Account has a balance, we will send you a check in the amount of your Wallet Account balance for no charge.  In all events, any check we send will be sent to the address we have for you in our records. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before termination.

  25. Telephone Monitoring/Recording; Calls and Messages to Mobile Phones.  From time to time we and/or the Program Manager may monitor and/or record telephone calls between you and us or the Program Manager to assure the quality of our customer service or as required by applicable law. We or the Program Manager may use automated telephone dialing, text messaging systems, and electronic mail to provide communications and to contact you about this Agreement or your relationship with us. We will call, text or email you only concerning this Agreement or your transactions or relationship with us.  We will not call, text or email you for marketing purposes without your consent, to the extent your consent is required by law.  Telephone messages may be played by a machine automatically when the telephone is answered whether answered by you, someone else or a voicemail or answering machine. You authorize us and the Program Manager to call or send a text message to any telephone number you have given us (or the Program Manager) or you give to us (or the Program Manager) in the future, and to play prerecorded messages or send text messages with information about this Agreement or your transactions or relationship with us. You also give us and the Program Manager permission to communicate such information to you by email and/or internet services. You understand that, when you receive such calls or e-mails, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that neither we nor the Program Manager will be liable to you for any fees, inconvenience, annoyance, or loss of privacy in connection with such calls, texts or emails. You understand that anyone with access to your telephone, answering machine or email account may listen to or read the messages, notwithstanding our efforts to communicate only with you. You generally may not withdraw your consent given in this Agreement for us and the Program Manager to use automated telephone dialing, text messaging systems, and electronic mail to provide messages to you relating to this Agreement, your transactions or your relationship with us. However, to the extent we are required by applicable law to allow you to revoke your consent to these messages, you may do so by contacting us at +1 888-960-0526 and 234 Fifth Ave 2nd Floor New York, NY 10001.

  26. ARBITRATION PROVISION.  This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party.  You may reject this Arbitration Provision by sending us and the Program Manager a written notice which gives your name, address, email address, and each Wallet Account number with a statement that you reject the Arbitration Provision.  The rejection notice must be sent by certified mail, return receipt requested, to 234 Fifth Ave 2nd Floor New York, NY 10001, Attn: Arbitration Rejection Notice.  A rejection notice must be signed by you and received by us and the Program Manager within 45 days after the date you receive the first Wallet App issued under this Agreement.  Rejection of arbitration will not affect any other term of this Agreement. 

    (a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and Fluz Fluz LLC as Program Manager for the Metropolitan Commercial Bank Wallet Program or any of its agents or retailers, arising from or relating to the Card 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 or any of the foregoing. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims, claims based upon contract, tort, fraud and other intentional torts, consumer rights, statutes, regulations, ordinances, common law and equity, and claims which arose before the date of this Agreement. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Wallet App, or the Wallet Apps of any additional persons designated by you; (ii) the amount of available funds in the Wallet Account; (iii) advertisements, promotions or oral or written statements related to the Wallet Account, or goods or services purchased with the Wallet Apps; (iv) the benefits and services related to the Wallet App and Wallet Account; (v) data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about you; (vi) collection of any debt and the manner of collection; and (vii) your enrollment for any Wallet App. We shall not elect to use arbitration under the Arbitration Provision for any individual 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 Claim that is appealed, transferred or removed from that court shall be subject to arbitration.  Also, “Claim” does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof; all such disputes are for a court and not an arbitrator to decide.  Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this Agreement as a whole; any such Claim is for the arbitrator, not a court, to decide.  Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis).  Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision.  As solely used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, the Program Manager, 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” shall include any third party using or providing any product, service or benefit in connection with any Wallet App (including, but not limited to merchants who accept the Wallet App, 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 Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Wallet App, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders.

      (b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration 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 shall 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 shall have the right within thirty (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: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 120 Broadway, Floor 21, New York, NY 10271; website at www.adr.org.  If both JAMS and the AAA are unable to serve as administrator and we cannot agree on a replacement, a court with jurisdiction will appoint the administrator or arbitrator. 

     (c) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ARBITRATION.  THE ARBITRATOR SHALL NOT JOIN OR CONSOLIDATE CLAIMS EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. 

    (d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action or private attorney general basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Wallet 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.  This section of this Arbitration Provision is the “Class Action Waiver.”  (Special procedures apply to Claims that seek public injunctive relief, as set forth below).

    (e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall 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 individual 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. 

    (f) Arbitration Procedures: This Arbitration Provision 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 (the “FAA”). The arbitration shall be governed by the applicable Code, except that this Arbitration Provision shall control if it is inconsistent with the applicable Code or with other provisions of this Agreement.  The arbitrator will be selected under the administrator’s rules, except that the arbitrator must be a lawyer with experience in the subject matter of the Claim or a retired judge, unless you and we agree otherwise in writing. 

    The arbitrator shall apply the applicable substantive law, consistent with the FAA, that would apply if an individual matter had been brought in court.  The arbitrator may award any damages or other relief of remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable, and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim).  The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the administrator’s rules or applicable law.  The arbitrator shall apply applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall 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 shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall 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, if the amount in controversy exceeds, $50,000, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall 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 shall 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 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding except for any appeal rights under the FAA. 

    (g) No Preclusive Effect: No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.

    (h) Continuation and Severance: This Arbitration Provision shall survive cancellation, suspension, revocation or termination of your Wallet Account or Wallet App or this Agreement as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is held to be invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity except that: (A) If the Class Action Waiver is declared unenforceable in a proceeding between you and us with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Provision (except for this sentence) shall be null and void in such proceeding; and (B) If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver and/or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim, and that determination becomes final after all appeals have been exhausted, the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated.  In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court.  In no event will a Claim for class-wide or public injunctive relief be arbitrated.

  27. Delivery of Electronic Communications.  The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Wallet Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically and failure to consent will result in a declined application for a Wallet App, except as provided below.  

    Scope of Communications to Be Provided in Electronic Form.  When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below.  Your consent to receive electronic Communications includes, but is not limited to:

    • All legal and regulatory disclosures and communications associated with your Card Account and any related products or services

    • Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement

    • Privacy policies and notices

    • Error resolution policies and notices

    • Responses to claims filed in connection with your Wallet Account

    • Notices regarding insufficient funds or negative balances

    Method of Providing Communications to You in Electronic Form.  All Communications that we provide to you in electronic form will be provided either (1) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such Communications at  HYPERLINK “https://fluz.app” https://fluz.app. 

    How to Withdraw Consent.  You may withdraw your consent to receive Communications in electronic form at any time by calling the number in the Wallet App, +1 888-960-0526or by visiting https://fluz.app, or by writing to the Program Manager at Fluz Fluz LLC – 234 Fifth Ave 2nd Floor New York, NY 10001.  If you do withdraw your consent, we will close your Wallet Account, except where prohibited by law.  We will not impose any fee to process the withdrawal of your consent to receive electronic Communications.  Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal.  In the meantime, you will continue to receive Communications in electronic form.  If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.  

    How to Update Your Records.  It is your responsibility to provide us with your true, accurate and complete mobile phone number, e-mail address (if you have elected to receive e-mail messages from us), your contact information, and other information related to this Disclosure and your Wallet Account, and to maintain and update promptly any changes in this information.  You can update information (such as your e-mail address) through https://fluz.app or by calling the number in the Wallet App or +1 888-960-0526.

    Hardware and Software Requirements. In order to access, view, and retain Communications that we make available to you electronically, you must have:

    • An Internet browser that supports 128-bit encryption

    • A supported internet browser such as Microsoft Edge, Chrome or Safari

    • Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit

    • An e-mail account with an Internet service provider and e-mail software

    • A personal computer (2.0 GHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in via a plain text-formatted e-mail or by access to our web site using browser specified above or equivalent software.

    Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, call the number in the Wallet App, +1 888-960-0526, or visit www.fluz.app, or write to the Program Manager at Fluz Fluz LLC – 234 Fifth Ave 2nd Floor New York, NY 10001. 

    Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

Rev. 11/2020

FACTSWHAT DOES METROPOLITAN COMMERCIAL BANK DO WITH YOUR PERSONAL INFORMATION?
Why?Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  1. Social Security number
  2. Account transactions
  3. Account balances
  4. Checking account information
  5. Transaction history
  6. Wire transfer instructions

When you are no longer our customer, we continue to share your information as described in this notice.

How?

All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Metropolitan Commercial Bank chooses to share; and whether you can limit this sharing.

Reasons we can share your personal informationDoes Metropolitan Commercial Bank share?Can you limit this sharing?

For our everyday business purposes –

such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

YesNo

For our marketing purposes –

to offer our products and services to you

YesNo

For joint marketing with other financial companies

YesNo

For our affiliates’ everyday business purposes –

Information about your transactions and experiences

NoWe don’t share

For our affiliates’ everyday business purposes –

Information about your creditworthiness

NoWe don’t share

For nonaffiliates to market to you

NoWe don’t share

Call 1-866-363-8226 or go to  HYPERLINK “http://www.mcbankny.com” www.mcbankny.com

What we do
How does Metropolitan Commercial Bank protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate.

How does Metropolitan Commercial Bank collect my personal information?

We collect your personal information, for example, when you

  • Open an account or give us your contact information
  • Apply for financing or show your driver’s license
  • Provide account information

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing?

Federal law gives you the right to limit only

  • sharing for affiliates’ everyday
  • business purposes – information about your creditworthiness
  • affiliates from using your information to market to you sharing for non-affiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

Definitions
Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

Metropolitan Commercial Bank does not share with our affiliates.

Non-affiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

Metropolitan Commercial Bank does not share with nonaffiliates so they can market to you.

Joint marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

Our joint marketing partners include credit card account companies.

Other important information

For Alaska, Illinois, Maryland, and North Dakota Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing without your authorization.

For California Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing without your authorization. We will also limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us. Further, we may collect personally identifiable information about you through our website, including but not limited to your first and last name, home address, e-mail address, telephone number, or any other identifier that permits the physical or online contacting of a specific individual. If we change our privacy policy for our website, you will be notified as required by law.

For Massachusetts, Mississippi, and New Jersey Customers. We will not share personal information from deposit or share relationships with nonaffiliates either for them to market to you or for joint marketing without your authorization.

For Vermont Customers.

We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you other than as permitted by Vermont law, unless you authorize us to make those disclosures.

Additional information concerning our privacy policies can be found at  HYPERLINK “http://www.mcbankny.com” www.mcbankny.com or call 1-866-363-8226.

Schedule A

SCHEDULE OF ALL FEES AND CHARGES FOR METROPOLITAN COMMERCIAL BANK WALLET ACCOUNT

State:
ALL FEESAMOUNTDETAILS
Get started
Wallet App purchase fee$0.00
Wallet App activation fee$0.00
Account registration fee$0.00
Monthly usage
Monthly fee$0.00
Other
Inactivity$0.00
Inactivity$0.00
Close Wallet App$0.00
Replace Wallet App$0.00
Sending funds to wallet from a credit card3%

There’s a fee for sending money to your wallet using your credit card.

Sending funds to wallet from a debit card1.50%

There’s a fee for sending money to your wallet using your debit card.

Sending funds to wallet from a prepaid card3%

There’s a fee for sending money to your wallet using a prepaid card.

Receive refund$0.00

No fee for you when you receive a refund from a virtual card transaction or gift card transaction.

Electronic withdrawal (standard)$0.00

No fee to transfer money from your wallet to your bank account with the standard option. The money is typically available in 3-5 business days.

Electronic withdrawal (Instant Transfer)1.5% (minimum $0.25 fee, maximum $15 fee)

There’s a fee to transfer money from your wallet to your eligible linked debit card or bank account with the Instant Transfer option. The money is typically available in minutes.

Customer service (automated)$0.00

No fee to call our automated Customer Service line.

Customer service (live agent)$0.00

No fee to call a Customer Service agent.

Real-time alerts$0.00

No fee to receive real-time alerts on your phone. Standard text message & data rates may apply.

Transaction declines due to insufficient funds$0.00

No fees for declines due to insufficient funds.

Register your Wallet Account for FDIC insurance eligibility and other protections. Your funds will be held at or transferred to Metropolitan Commercial Bank, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event Metropolitan Commercial Bank fails if specific deposit insurance requirements are met and your Wallet Account is registered. See fdic.gov/deposit/deposits/prepaid.html for details.

Your Wallet Account and Wallet App have no overdraft/credit feature.

Contact Fluz Fluz LLC by calling +1 888-960-0526, by mail at 234 Fifth Ave 2nd Floor New York, NY 10001, or visit https://fluz.app.

For general information about prepaid accounts, visit cfpb.gov/prepaid.
If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.