Terms of Service and Privacy Policy

GELT LLC. TERMS OF SERVICE

These Terms of Service (“Terms of Service”) constitute a legal agreement between you, as a current or prospective customer of Gelt’s services (“you,” “your”) and Gelt LLC. (”Gelt,” “we,” “our” or “us”) and govern your use of Gelt’s services, including websites, software, and other products and services (collectively, the “Services”). By using any of the Services, you agree to these Terms of Service and any policies referenced within (“Policies”), including our Privacy Notice (attached as Exhibit A) and terms that limit our liability and require individual arbitration for any potential legal dispute, which are collectively incorporated herein by reference.

If you are using the Services on behalf of a business or business entity, you represent to us that you have authority to bind that business or business entity to these Terms of Service, and that the business or business entity accepts these Terms of Service. You should read all of our Terms of Service carefully.

1. Gelt Account Registration

You must register for an account with us (“Gelt Account”) to use the Services. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Gelt Account. What this means is that during registration, we will ask you for identification information, as follows: (i) for personal accounts, we may request, without limitation, your name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, and a government issued form of identification, (ii) for sole proprietorship business accounts, we may request, without limitation, the proprietor’s name, physical address, date of birth and taxpayer identification number, and (iii) for other business entity accounts, we may request, without limitation, the business name, business address, taxpayer identification number, and proof of business existence. Business entity accounts will also require the submission of documentation from each beneficial owner, as follows: full name; street address; birthdate (for an individual); and an identification number or other documentary identification, which, for a United States person will be a social security number or TIN, and for a non-United States person, will be one or more of the following: a TIN, passport number and country of issuance, alien identification card number, or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or other similar safeguard. Additional information will also be required if you choose to open an Unlimited Account with Gelt (as defined below).

You must provide accurate and complete information in response to our questions, and you must keep that information up to date. You are fully responsible for all activity that occurs under your Gelt Account, including for any actions taken by persons to whom you have granted access to the Gelt Account. We reserve the right to change the account type, suspend or terminate the Gelt Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

You must have a Social Security number or an Individual Taxpayer Identification Number, be at least 18 years old and you must register for a Gelt Account to use the Services. Certain features of the Services will only be available for use in the United States.

You represent and warrant that you own the mobile phone number or email you register with and all information entered or collected in the course of creating your Gelt Account, and that any information you subsequently add or update in your Gelt Account settings (“Account Information”) is true and accurate.

When you first open your Gelt Account, it will be a “Limited Account.” A Limited Account has all the features and functionality described in these Terms of Service except that you are limited to Account transactions aggregating no more than $299.99 per week (the “Limited Account Weekly Limit”). With a Limited Account you may link an external, United States-issued bank account (an “Eligible Bank Account”) (subject to these Terms of Service) to make a payment to another Gelt user, and you may transfer funds from your Gelt Balance to your Eligible Bank Account. If you have a Limited Account and attempt a transaction that exceeds the Limited Account Weekly Limit, you will be given the option of upgrading your Gelt Account to an “Unlimited Account.” To exercise this option, you will be required to provide us with certain personal information so that we can verify your identity. After we verify your identity, your Gelt Account will convert to an Unlimited Account. If you decline to provide us with the information that we request, or if we cannot verify your identity to our satisfaction (in our sole judgment and discretion) for any reason, your Gelt Account will remain a Limited Account.

You hereby authorize Gelt, directly or through third parties, to make any inquiries we consider necessary to validate and authenticate your identity and Account Information, and for Gelt business accounts, the identity and Account Information of your business entity or employer. This may include asking you for further information or documentation about your Gelt Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial instruments, or verifying your information against third party databases or through other sources.

In connection with your use of the Services, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates any law or the Terms of Service, (b) provide confirmation of your identity, or (c) provide confirmation of any information you provide us.

You have the right to receive a receipt for some of your Gelt transactions. Such transaction receipts can be requested from Customer Service.

2. Gelt Balance

a. Functionality. Your balance consists of the funds you have in your Gelt Account that are available for new transactions and are not subject to pending transactions (your “Gelt Balance”). You are solely responsible for all funds necessary to complete any payments initiated through the Services. You agree to reimburse Gelt for any fees, costs, or expenses it incurs as a result of insufficient or unavailable funds in connection with any payment you initiate through the Services.

b. Authorization. By instructing us to add funds to your Gelt Account from an Eligible Bank Account, through Direct Deposit (both defined below) or debit card, or to make any other transfer, you authorize us to debit such Eligible Bank Account or debit card for the amount instructed, either in a single or recurring transaction, as applicable.

c. Limitations. Gelt may impose limits on the amount you can keep in your Gelt Account and reserves the right to change these limits at any time. Funds in your Gelt Account might not be available to use for all types of transactions.

d. General. Gelt deposits funds with a third party bank and is insured by the Federal Deposit Insurance Corporation (FDIC), however you will not receive any interest on your Gelt Balance (or any other funds in your Gelt Account).

3. Funding Your Gelt Balance

a. Eligible Bank Account. You may electronically transfer funds from your Eligible Bank Account to your Gelt Account.

b. Direct Deposit. You may direct payments made to you from your employer or otherwise into your Gelt Account using the bank routing and account number provided to you under the direct deposit program provided by our partner banks (“Direct Deposit”). Such Direct Deposits are governed by the terms and conditions provided by the applicable bank.

c. Debit Card. You may link a debit card to your Gelt Account to fund your Gelt Balance. To do so, you must have a valid debit card issued by a United States bank or financial institution bearing the Visa Inc. (“Visa”) or MasterCard International Inc. (“MasterCard”) logo. Any such debit card, together with your Gelt Balance (if you have an Unrestricted Account) and an Eligible Bank Account are collectively referred to herein as an “Eligible Transaction Account.”

d. P2P Payments Received Through Gelt. You can keep funds received from P2P Payments (defined below) made to you through Gelt in your Gelt Account.

e. Access to Funds. Certain funding features (such as Direct Deposit) may be unavailable or delayed from time to time due to risk-based restrictions, scheduled maintenance, changes to our Services, unforeseen circumstances, or outages.

4. Transferring Funds to Your Bank Account

a. Transfers to Your Bank Account. You may electronically transfer available funds from your Gelt Account to an Eligible Bank Account. By selecting an Eligible Bank Account as your deposit source you are requesting that we settle an electronic transfer to your Eligible Bank Account. Gelt will settle these electronic transfers (via the Automated Clearing House (“ACH”)) to your Eligible Bank Account in the amount you instruct, and you will not be able to cancel the ACH transfer. Such transfer to your Eligible Bank Account via ACH will typically arrive within three (3) business days.

b. Instant Deposit. If such feature is available to you, you may transfer available funds from your Gelt Account to your Eligible Bank Account instantly via the Gelt’s instant deposit feature (“Instant Deposit Transaction”), which is subject to additional fees. You will be notified of these additional fees prior to commencing the Instant Deposit Transaction.

c. Limitations. Gelt may limit how many transfers you can initiate from your Gelt Account to your Eligible Bank Account and the amount of funds you can transfer in a single transaction. We reserve the right to delay or further limit such transfers while we screen for risk, or we may request you provide additional information to verify your identity. You may not transfer funds from your Gelt Account to your Eligible Bank Account to evade a payment investigation. If you attempt to transfer funds out of your Gelt Account while we are conducting an investigation, we may hold your funds at our discretion to protect Gelt or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. We also may defer or redirect payout or restrict access to the funds in your Gelt Account as necessary to comply with applicable law, subpoena or court order, or if requested by any governmental entity. You will remain liable for all obligations related to your Gelt Account even after the Gelt Account is closed.

5. Interest

You agree that you will not receive interest on the funds that Gelt handles and places in your Gelt Account. It is likely that Gelt will receive interest on funds held for its users. In consideration for your use of the Services, and with full knowledge and understanding that Gelt will receive this interest, you irrevocably transfer and assign to Gelt all right that you may have in any interest that may accrue on funds held in any Gelt accounts.

6. Description Of Service

Gelt’s peer-to-peer service (“Peer-to-Peer Service”) allows you to send funds or receive funds for peer-to-peer purposes.

7. Sending Funds

Once you have opened a Gelt Account and either have funds available in an Eligible Transaction Account or via a linked debit card issued by a United States-based bank, you will be able to send funds using the Peer-to-Peer Service.

As a party initiating a transfer (“Sender”), you will send funds to your selected recipient (“Recipient”) by designating to Gelt the Recipient and the transfer amount (a “Payment Instruction”). Your Payment Instruction authorizes Gelt to move funds from your Eligible Transaction Account to your designated Recipient (“P2P Payment”). By submitting a Payment Instruction, you are also authorizing us to move funds to your applicable Eligible Transaction Account for P2P Payments that are canceled or otherwise returned.

You understand and agree that when you initiate a P2P Payment Instruction using the Service, the processing of the Payment Instruction will begin, and funds will leave your Eligible Transaction Account, as early as the moment of the initiation of such Payment Instruction. However, we will only begin to process the requested transfer of funds to the Recipient once the Recipient has provided all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Recipient has provided all required information or fourteen (14) days.

You agree that we shall incur no liability if we are unable to complete any transaction because of: (i) insufficient funds in your Eligible Transaction Account; (ii) malfunction of the Peer-to-Peer Service due to circumstances beyond our control or circumstances of which you were aware when you initiated your Payment Instruction; (iii) inaccurate or insufficient Payment Instructions; (iv) failure of the Recipient to claim the P2P Payment; or (v) the failure of you or the Recipient to provide us with any information that we request, or our inability to verify your identity or the identity of the Recipient to our satisfaction.

8. Requesting Funds

You may also request that funds be transferred to you through the Peer-to-Peer Service by designating the amount of funds requested and your selected Sender (“Cash Request”). If the Sender approves your Cash Request, your Cash Request will become the Sender’s Payment Instructions and be processed as described in these Terms of Service.

9. Receiving Funds

Any P2P Payment you receive via the Peer-to-Peer Service will be deposited into your Gelt Account.

10. Peer-to-Peer Service Payment Amount Limits

Additional identification information will be required to send or receive more than two hundred and fifty dollars ($250) in any one transaction or in multiple transactions over any seven (7) day period. We may adjust these limits at any time in our discretion.

11. Gelt Fees

At the present time, Gelt charges a fee of $2 per transaction for any deposit of funds into your Gelt Account from any third-party bank or debit/credit account. All transfers of funds from your Gelt Account to the Gelt accounts of any other Gelt users are free of charge. You are responsible for paying any third party fees incurred in connection with your use of the Services (such as transaction fees charged by your bank or debit card issuer). Gelt reserves the right, at any time, to modify its fee structure and charge fees for any type of transactions using the Services. In the event that Gelt elects to charge fees at any time for use of the Services, information concerning the same will be posted on the Gelt website (www.gelt.fi).

12. Payment Cancellation, Stop Payment Requests and Refused Payments

Our ability to stop a P2P Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on how the Payment Instruction was initiated, and whether the Payment Instruction has begun processing. P2P Payments not claimed by a Recipient for fifteen (15) days after the processing has begun will be canceled automatically. We will attempt to return any unclaimed, refused, refunded, prohibited, or denied P2P Payment to your Eligible Transaction Account, as applicable. If we are not able to do so, we may use other reasonable means to return the P2P Payment to you, as permitted by applicable law.

13. Invalid P2P Payments

If you receive a P2P Payment and we later determine in our sole discretion that the P2P Payment was invalid for any reason, you hereby authorize us to move funds from the applicable Eligible Transaction Account in an amount equal to the P2P Payment (together with any applicable fees and costs related thereto).

You acknowledge and agree that we will not be liable in any way for any P2P Payments that you may receive, regardless of whether you authorized the Sender to send them to you.

14. Risk of Fraudulent Transactions

The Peer-to-Peer Service is a money transmission service. As a result, fraudulent transactions may result in the loss of funds with no recourse.

15. Revisions, Disclosures and Notices

We may modify the Terms of Service at any time with notice, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.

You agree to use SMS Messages to confirm Gelt’s Terms of Service or such method that we shall determine. We may provide disclosures and notices required by law and other information about your Gelt Account to you electronically, by posting it on our website, pushing notifications through the Services, or by texting or emailing it to the phone number and or email address listed in your Gelt Account or that you otherwise provided to Gelt. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time texted or emailed to you unless we receive notice that the text or email was not delivered.

16. Restrictions

You may not, nor may you permit any third party, directly or indirectly, to:

1. export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);

2. engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your Gelt Account could be terminated and any funds in your Gelt Account could be held for an indefinite period of time;

3. access or monitor any material or information on any Gelt system using any manual process or robot, spider, scraper, or other automated means;

4. except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Services, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;

5. perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;

6. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Gelt;

7. use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;

8. transfer any rights granted to you under these Terms of Service;

9. use the Services in a way that distracts or prevents you from obeying traffic or safety laws;

10. use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;

11. use the Services for any illegal activity or goods or in any way that exposes you, other Gelt users, our partners, or Gelt to harm; or

12. otherwise use the Services except as expressly allowed under these Terms of Service.

If we reasonably suspect that your Gelt Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Gelt Account, and any of your transactions with law enforcement.

17. Compatible Mobile Devices and Third Party Carriers

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”

18. Your Content

You grant Gelt and its subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display any content you share with Gelt (“Content”) throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these Terms of Service. You may modify or remove your Content via your Gelt Account or by terminating your Gelt Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

In using the Services, you will not upload or provide any communications, text, graphics or other information (collectively, “Material”) that:

is obscene, indecent, offensive, libelous, pornographic, hateful, racially or ethnically offensive, defamatory, unreasonably violent, threatening, intimidating or harassing;
contains falsehoods or misrepresentations that could damage Gelt or any other person;
contains any viruses, Trojan horses, worms, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
advocates or encourages any illegal activity;
infringes on the intellectual property or other legal rights of Gelt or others;
violates the privacy of others, including other users of the Services, or impersonates another person;
gives rise to any civil liability or violates any applicable law, regulation, treaty or tariff; or
violates the acceptable use policies of any networks, machines, or Services which are accessed through Gelt’s network.

Gelt, in its sole discretion, shall determine your compliance with the foregoing prohibitions set forth in this section, and reserves the right to delete from the Services without prior notice any Material that it deems to be non-complying or otherwise objectionable for any reason and to take any other action with respect to your Gelt Account that it determines to be necessary to address your noncompliance with the foregoing prohibitions.

Although we have no obligation to monitor any third-party Material shared on the Gelt platform, we have absolute discretion to remove from the Gelt platform any Material at any time and for any reason without notice. Gelt may also monitor the Content and Material to detect and prevent fraudulent activity or violations of these Terms of Service. You understand that by using the Services, you may be exposed to Material that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for the Material of any Gelt users, including any loss or damage to any of your Content.

19. Copyright and Trademark Infringement

We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that any Material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.

20. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Gelt Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Gelt and provide all information requested by Gelt to remediate the breach. Any assistance provided by Gelt in relation to a security breach does not in any way operate as acceptance or acknowledgement that Gelt is in any way responsible or liable to you or any other party in connection with such breach.

Notwithstanding Sections 20 and 21, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Gelt Account subject to dispute) will be final and binding on all parties.

21. Privacy

By using any of our Services as a Gelt customer, you acknowledge our data practices that apply to you, as set out in the Gelt Privacy Policy (Exhibit A). The Privacy Policy explains how Gelt collects, uses and protects the personal information you provide to us, and how Gelt makes use of your personal data to provide you with the Services or for its own purposes. You are required to familiarize yourself with the Gelt Privacy Policy prior to using the Services.

22. Communications

You consent to accept and receive communications from Gelt, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for your Gelt Account or update the contact information associated with your Gelt Account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your Gelt Account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

You may opt out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt out of text messages from Gelt by replying STOP to any text messages received. You acknowledge that opting out of receiving communications may impact your use of the Services.

We also provide Services that allow you to send short message service (SMS) messages to your customers (the “Seller-Initiated SMS Services”). You agree to use the Seller-Initiated SMS Services in compliance with these Terms of Service and all other applicable laws and regulations of the jurisdiction from which you send messages and in which your messages are received.

23. Modification and Termination

We may terminate these Terms of Service or any terms, or suspend or terminate your Gelt Account or your access to any Services, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of any Services. We will take reasonable steps to notify you of any such terminations or Services changes via text or email, or upon your next log-in to your Gelt Account. You may also terminate the Terms of Service applicable to your Gelt Account by deactivating your Gelt Account at any time.

24. Effect of Termination

If these Terms of Service or your Gelt Account are terminated or suspended for any reason: (a) the license and any other rights granted under these Terms of Service will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (d) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any obligations associated with your Gelt Account as set forth in section 38 herein, the following sections of these Terms of Service expressly survive and remain in effect in accordance with their terms upon termination: 18 (Your Content), 19 (Copyright and Trademark Infringement), 20 (Security), 21 (Privacy), 24 (Effect of Termination), 26 (Ownership), 27 (Indemnity), 28 (Representations and Warranties), 29 (No Warranties), 30 (Limitation of Liability and Damages), 31 (Third Party Products), 32 (Disputes, Arbitration and Governing Law), 33 (Limitation on Time to Initiate a Dispute), 34 (Assignment), and 37 (Other Provisions).

25. Your License

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Services as authorized in these Terms of Service. We may make updates to the Services available to you, which you must accept to continue using the Services. Any such updates may be subject to additional terms made known to you at that time.

26. Ownership

We reserve all rights not expressly granted to you in these Terms of Service. The Services are protected by copyright, trademark, patent and other laws of the United States and other countries. We own all rights, title, and interest, in and to the Services and all copies of the Services. These Terms of Service do not grant you any rights to our trademarks or service marks.

For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

27. Indemnity

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms of Service; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any third-party claims made in connection with Gelt’s processing of such third party’s personal information in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code; and (g) any transaction, purchase, good or service in respect of which Gelt provides, or provided, you with payment processing services in accordance with the Terms of Service.

28. Representations and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Terms of Service ; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these Terms of Service.

29. No Warranties

THE USE OF “GELT” IN SECTIONS 29 AND 30 MEANS GELT, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, GELT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

GELT DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSE.

Gelt does not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party. Gelt does not have control of, or liability for, goods or services that are paid for using the Services.

30. Limitations of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GELT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. IN ALL CASES, GELT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL GELT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR GELT ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GELT IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GELT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

31. Third Party Products

GELT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

32. Dispute Resolution, Governing Law, Jurisdiction

“Dispute” is defined as any claim, controversy, or dispute between you and Gelt, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms of Service, and including any claim, controversy, or dispute based on any conduct of you or Gelt that occurred before the effective date of these Terms of Service, including any claims relating in any way to these Terms of Service or the Services, or any other aspect of our relationship.

The Terms of Service, interpretation and enforcement of this Agreement shall be governed by the laws of the State of New York, without recourse to its conflicts of laws principles. You and Gelt agree that any and all disputes arising out of or related to these Terms of Service shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph 32 and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph 32). Any arbitration arising out of or related to this Terms of Service shall be held in the Borough of Manhattan in the City and State of New York, before one independent arbitrator agreed upon by both parties. Any arbitration will be final and binding, and the arbitrator's order will be entered and enforceable in any court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the date that any issue is submitted to arbitration (the “Submission Date”), discovery (if any) will be completed within sixty (60) days after the Submission Date, the arbitration hearing will occur within ninety (90) days after the Submission Date, and the arbitrator must render his or her decision, in writing, within thirty (30) days after the conclusion of the arbitration hearing.

33. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

34. Assignment

These Terms or Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

35. Account Funding, Electronic Fund Transfers (“EFTs”) and Account Balances

By creating a Gelt Account and initiating bank deposits or withdrawals (i.e., EFTs), you agree to the Terms of Service and Privacy Policy of our financial software provider, Sila Inc. (collectively, the “Sila ToS”). You must comply with the Sila ToS when creating or using your Gelt Account. The Sila ToS may be modified from time to time, and the governing version is incorporated by reference into these Terms of Service. Any term not defined in this section 35 but defined in the Sila ToS assumes the meaning as defined in the Sila ToS.

IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE SILA ToS BECAUSE IT CONTAINS TERMS AND CONDITIONS CONCERNING YOUR GELT ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSAL, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.

You may link an Eligible Bank Account to your Gelt Account to fund transactions made through the Services. Gelt reserves the right to limit which banks or what types of accounts constitute an Eligible Bank Account. If you choose to link your Eligible Bank Account to your Gelt Account by providing the username and password you use to access your bank information online, you acknowledge your personal and financial information is being provided to Plaid Inc., that your personal and financial information will be collected, processed, transferred or stored in accordance with Plaid Inc.’s Privacy Policy, and that you acknowledge and agree to Plaid Inc.’s Privacy Policy.

36. Third-Party Beneficiaries

No provisions in these Terms of Service (and any applicable additional terms) are intended to or shall create any rights in any third party with respect to the subject matter of these Terms of Service (and any applicable additional terms).

37. Other Provisions

These Terms of Service are a complete statement of the agreement between you and Gelt regarding the Services. In the event of a conflict between these Terms of Service and any other Gelt agreement or policy, these Terms of Service will prevail and control the subject matter of such conflict. If any provision of these Terms of Service is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms of Service do not limit any rights that Gelt may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms of Service will be deemed a further or continuing waiver of such term or any other term.

38. Closing Your Account

You may close your Gelt Account and terminate your relationship with us at any time, but you will remain liable for all obligations related to your Gelt Account even after it is closed. When you close your Gelt Account, we will cancel any scheduled or incomplete transactions. Prior to closing your Gelt Account, you must withdraw or transfer any funds in the Gelt Account. In certain cases, you may not close your Gelt Account, including: (i) to evade an investigation; (ii) if you have a pending transaction or an open dispute or claim; or (iii) if your Gelt Account has a negative balance.

Exhibit A

Scope and Application of Policy

Gelt created this privacy policy (the “Privacy Policy”) in order to demonstrate our commitment to the privacy of our clients. The policy describes the way which Gelt collects, uses, stores, shares and protects the personal information of users of Gelt services and all related sites, applications, services and tools where this policy is referenced, regardless of how they are used or accessed.

Consent

Gelt is committed to ensuring that the privacy of the Gelt service is protected. Should we ask users to provide certain private information for identification purposes, it is for the sole purpose of the Gelt services and will only be used in accordance with this privacy statement.

By using the Gelt service and its related sites, products, applications, services and tools, or registering for an account with Gelt, you expressly consent to the collection, use, disclosure and retention of your personal information as described in this Privacy Policy.

In addition, by using the Gelt website and platform, you acknowledge, consent and agree that Gelt may access, preserve, and disclose your registration and any other information provided by you or on your behalf if Gelt is required to do so by law or if Gelt believes in good faith that such access disclosure is necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders, other compulsory disclosures, or at the advice of legal counsel; (2) respond to claims of rights violation of third parties, whether or not the third party is a user, individual, or government agency; (3) protect the rights, property, and/or personal safety of Gelt, Gelt users or the general public; and/or (4) to comply with applicable federal and state law.

Throughout this Privacy Policy, we use the term “personal information” in order to describe the general information that may be associated with a specific person and may be used to identify that person. We do not consider personal information to include information which has been given anonymously or has been aggregated, thus eliminating the ability to individually identify persons.

Gelt users should check the Privacy Policy periodically in order to stay updated on any changes or updates. Gelt reserves the right to amend this Privacy Policy at any time by posting the amended terms on its website.

Mobile SMS Privacy

Gelt may offer users the ability to connect with our service and use the Gelt applications, services and tools through an SMS mobile or mobile optimized device or website. The provisions of this Privacy Policy apply to all such mobile devices and use of such mobile devices, and use of the Gelt website.

Collection of Personal Information

Gelt obtains personal information in order to provide users with optimal use of and access to our sites, applications, services and tools, and in order to help us personalize and improve overall user experiences and enhance the services we offer. Should you choose to provide Gelt with personal information, in doing so you provide consent to the transfer to and storage of that information on the Gelt servers and to our third party providers in order to service your Gelt account.

Information collected automatically: Upon visiting Gelt sites, using the Gelt applications, services and/or tools, or interacting with Gelt advertising or content, Gelt may automatically collect information sent to us by your computer, mobile device or other device used to access the site. This information includes, but is not limited to the following: the internet protocol (IP) address used to connect your computer to the internet which includes, but is not limited to, standard web log information; login, email address and password; the type of device used to access our website and unique identification; computer and connection information, such as browser type, version, and time zone setting; geographic location and navigation information; the full Uniform Resource Locator (URL) clickstream to, through, and from our website; statistics to measure and collect session information; and other anonymous information through the use of cookies and web beacons.

Information you give us: During the registration process, Gelt requires users to provide contact information. If you register for an account with us, and give Gelt your personal information, you are not anonymous to us. We collect and store any information entered on our sites or information individual users provide in context of using our sites, applications, services and/or tools. This may include, but is not limited to: name, physical and billing address; phone numbers; bank account and routing information; credit/debit card information; date of birth; social security number (or taxpayer identification number) and driver’s license information. For international users, Gelt may also one or more of the following: a taxpayer identification number, passport number and country of issuance, alien identification card number, or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or other similar safeguard.

Information from other sources: From time to time, Gelt may receive or collect supplemental information about individuals from third party sources and add this information to our account information. This information may include, but is not limited to, additional contact information, demographic information, and any additional information about users from credit bureaus or other sources, as permitted by law.

Information Sharing and Registration with Third Party Services

Gelt uses various third party services which help us provide, maintain, and improve our services (e.g., vendors who help us with fraud prevention, identity verification, and fee collection services), as well as financial institutions, payment networks, payment card associations, credit bureaus, carrying brokers, and other entities in connection with your payment, money transfer process, investing activity, or otherwise to help us provide the Services.

Electronic Fund Transfers (“EFTs”) and Account Balances. Gelt has partnered with financial services software company Sila Inc. (“Sila”) to offer you EFTs. When you create a Gelt Account, you might also be prompted to sign up for a Sila account. You authorize Gelt to share your identity and banking information with Sila to open and support your Gelt Account. It is your responsibility to make sure the data you provide us is accurate and complete. You must comply with Sila’s privacy policy (the “ Sila Privacy Policy ”) when creating or using your Gelt Account. The Sila Privacy Policy may be modified from time to time, and the governing version is incorporated by reference into this Privacy Policy. Any term not defined in this Privacy Policy but defined in the Sila Privacy Policy assumes the meaning as defined in the Sila Privacy Policy.

California Privacy Rights

If you are a resident of the State of California, under the California Consumer Privacy Act (CCPA), you have the right to request information on how to exercise your disclosure choice options from companies conducting business in California.

Specifically:

Exercising the Right to Know. You may request, up to twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:

the categories and specific pieces of personal information we have collected about you;
the categories of sources from which we collected the personal information;
the business or commercial purpose for which we collected the personal information;
the categories of third parties with whom we shared the personal information; and
the categories of personal information about you that we disclosed for a business purpose, and
the categories of third parties to whom we disclosed that information for a business purpose.

Exercising the right to delete. You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.

Exercising the right to opt-out from a sale. You may request to opt out of any “sale” of your personal information that may take place.

Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.

To submit a request to exercise any of the rights described above, you may contact Gelt either via email to info@gelt.fi or contact us via postal mail, proper postage prepaid, at:

Gelt, Attn: Your California Privacy Rights

585 Prospect St Suite 301A, Lakewood, NJ 08701.

Please indicate your preference as to how you would like us to respond to your request (i.e., email or postal mail).

All requests sent via postal mail must be labeled “Your California Privacy Rights” on the envelope or postcard and clearly stated on the actual request. For all requests, please include your name, street address (if you would like a response via postal mail), city, state, and zip code. We may need to verify your identity before responding to your request, such as verifying that the email address or contact information from which you send the request matches your email address or contact information that we have on file. Authentication based on a government-issued and valid identification document may be required. We will not accept requests via telephone or fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Use of Personal Information

The primary purpose in collecting personal information from Gelt users is to provide users with access to our services and/or use of our applications and tools, as well as to provide users with requested customer service and relevant information about user account and available services, and also to provide users with a safe, smooth, efficient and customized financial transaction service. We may use personal information from time to time in order to provide access information to our services and tools; to perform general account servicing such as address verification and to customize, measure and improve our services, content and advertising; to deliver targeted marketing and promotional offers based on your communication preferences; to contact users, either via email or telephone, to resolve disputes, collect fees and troubleshoot problems with your account or our sites, services, applications, or tools, or for other purposes as authorized by law; to provide users with other services requested by you as described when we collect the information.

Communication Preferences

By providing Gelt with your contact information and registering to use our services, you agree to receive marketing communications by text, email, direct mail, and other marketing sources. Gelt provides users the opportunity to unsubscribe from receiving marketing communications via email or via phone. Gelt can be reached by calling (848) 204-9000, or by emailing our support team at info@Gelt.fi, or by choosing to unsubscribe at the bottom of any digital Gelt marketing SMS or email.

Marketing, Advertising and Pop-Ups

Gelt does not sell advertising on the Gelt website. If you see advertising pop up messages while using our website, they are not being served by Gelt and are in no way endorsed or encouraged by Gelt. Gelt uses remarketing in order to advertise the Gelt brand, online. When you visit or interact with our sites, services, applications, email and other tools, we or our authorized service providers may use third party cookies (ex. Google) to show advertisements on websites across the internet. Third party vendors, including Google, use cookies to serve ads based on someone’s past visits to Gelt. You may opt out third party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

How We Protect and Store Your Personal Information

We protect your information using advanced technical and administrative security measures in order to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration of information. Some of the safeguards we use are firewalls and data encryption to verify access to the Gelt systems and physical access controls to our data centers. We retain information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, and take other actions as permitted by law.

Our Use of Cookies

When you visit or interact with Gelt or the associated sites of Gelt including the services, applications, messaging, marketplace and/or other tools, you may be subject to cookies. We use cookies to help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our website. We may also record your password in a cookie. Cookies do not contain personal information.

No Spam, Spyware or Spoofing

Gelt does not tolerate spam. Please forward any items you suspect as spam to info@Gelt.fi We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content.

Accessing, Reviewing, and Changing Your Personal Information

Personal information collected or provided by users may be updated by signing into Gelt.fi. Changes may also be made by emailing a request to info@Gelt.fi, contacting us via phone at (848) 204-9000 or editing individual profiles through the Gelt login screen. Changes may also be mailed to our physical address: 585 Prospect St Suite 301A, Lakewood, NJ 08701.

Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are carriers or other users on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you provide to them.

Gelt does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.

Use of the Website by Children

Our site is not designed for, or directed to, children under the age of 18. Gelt and the Gelt website and services are not directed to children. We will not knowingly collect personally identifiable information in order to target any users under the age of 18. We are committed to complying with the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and other applicable laws. If you are under 18 years of age, please do not use our website.

International Users of the Website

Gelt is committed to compliance with applicable privacy laws and is committed to protecting the personal information of international users. By use of the website and the Gelt services, international users consent to the use of their personal information for the purposes as outlined in this Privacy Policy and waive any applicable laws or regulations that may otherwise be applicable to the use of personal information in the country in which the international user is located.

If you have any questions about this Privacy Policy, the practices of Gelt or its services, or your dealings with Gelt, you can contact us by mail at 585 Prospect St., Suite 301A, Lakewood, NJ 08701 or by email at info@Gelt.fi

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