Uphold Visa Cardholder Agreement

Download Uphold Cardholder Agreement

1. Terms and Conditions for the Uphold Visa® Card

   
   This document is an agreement (“Agreement”) containing the terms and conditions that apply to the Uphold Essential Card and the Uphold Elite Card (individually and collectively, “Uphold Visa Card”) issued to you by Cross River Bank (“CRB” or the “Bank”), Member FDIC on the Visa network. By requesting, accepting and/or using this Card, you agree to be bound by the terms and conditions of this Agreement, which includes an Arbitration Provision in Section 31.
   
   The “Program Manager” for the Uphold Visa Card is Uphold HQ Inc. and is the Bank’s program partner responsible for managing the Card and providing customer service to you on the Bank’s behalf. The Uphold Platform can be accessed by visiting uphold.com or by downloading the Uphold App from uphold.com/app. The Customer Service Number is +1 888-977-7217 or the toll-free telephone number on the back of your Card. You may write the Program Manager at Uphold Card, 228 Park Ave. S., #50458, New York, NY 10003-1502.
   
   In this Agreement, “Card” means the Uphold Visa Card issued to you by the Bank, including any Physical Card and Virtual Card (each as defined below) you may request, as permitted under this Agreement. “Uphold Platform Account” means the account, created at Uphold.com or through the mobile app, used to purchase and sell assets including cryptocurrency, precious metals and currencies. “Card Account” means the records we maintain to account for the value of transactions associated with the Card and the current linked asset account on the Uphold Platform. “You” and “your” means the person or persons who have received the Card and who are authorized to use the Card as provided for in this Agreement. “We,” “us,” “our,” and “Bank” mean Cross River Bank or CRB, together with its successors and assigns. “Program Manager” means Uphold HQ Inc. and its successors and assigns. The Card will remain the property of the Bank and must be surrendered upon demand. The Card is nontransferable and may be canceled, repossessed, or revoked without prior notice, subject to applicable law. 
   
   The term “Cryptocurrency” means a digital (virtual) currency in which encryption techniques are used to regulate the generation of units of non-fiat currency and verify the transfer of funds, operating independently of a central bank. Fiat currency is government-issued currency that is not backed by a physical commodity, such as gold or silver. The U.S. Dollar is fiat currency. Cryptocurrency is not a fiat currency and is not held by the Bank. No cryptocurrency debits, credits or balances will take place on the Uphold Visa Card or be held on the Card. Only US Dollars (USD) are transacted on the Uphold Visa Card. See the Uphold Platform Terms and Conditions (https://uphold.com/usterms) for additional information about any fees, benefits, and your obligations regarding transactions involving cryptocurrency. For the avoidance of doubt, cryptocurrencies are not held at CRB and cryptocurrencies are not FDIC-insured. 
   
   The term “Precious Metals” refers to naturally occurring metallic elements that are highly valued for their rarity, durability, and historical use as a store of value. Common precious metals include gold, silver, platinum, and palladium, all of which are tangible, physical assets. Precious metals are not held on the Uphold Visa Card, and no precious metal transactions, debits, or credits will take place on the card. Only U.S. Dollars (USD) are held on the Uphold Visa Card. See the Uphold Platform Terms and Conditions for additional information about any fees, benefits, and your obligations regarding transactions involving precious metals. For clarity, Precious Metals are not held at CRB and are not FDIC-insured.
   
   The term “Currencies” refers to the money system in common use within a particular country or economic region, typically issued and regulated by a central authority such as a government or central bank. For this agreement, Currencies does not include the United States Dollar. Currencies can be physical (banknotes and coins) or digital and are used as a medium of exchange, a store of value, and a unit of account. Currencies are not held on the Uphold Visa Card, and no Currency transactions, debits, or credits will take place on the card. Only U.S. Dollars (USD) are held on the Uphold Visa Card. See the Uphold Platform Terms and Conditions for additional information about any fees, benefits, and your obligations regarding transactions involving Currencies. For clarification, currencies are not held at CRB and are not FDIC-insured.
   
   You will have access to a “Fiat Asset Account”, labeled USD account on the Uphold Platform. This account is held at Cross River Bank, member FDIC, and funds in this account are covered by FDIC insurance. For the avoidance of doubt, no cryptocurrencies, precious metals or other currencies are held by Cross River Bank and therefore do not qualify for FDIC insurance.
   
   Important Information About Procedures for Opening a New Card Account: 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 Card. What this means for you: When you apply for a Card, we 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. We also may ask to see your driver's license or other documentation bearing your photo as verification of your identity. We may ask you questions about your history, details about your life and financial activities. By participating in the Card program, you agree that the information and statements you provide to us are accurate, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), social security number or other identification documentation, date of birth, and telephone number. If you fail to provide accurate information that we request, we may cancel your Card. 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.

2. Your Card

   
   The Card is a prepaid card. The Card allows you to access Fiat, Cryptocurrencies, Precious Metals, and Currencies loaded or deposited on the Uphold Platform by you or on your behalf. In the Uphold Platform, you must choose which type of asset to link to your Card. When a withdrawal or purchase is made with your Card, the selected asset will be liquidated on your behalf (in accordance with the Uphold Platform Terms and Conditions), and those liquidated funds will be used to cover the transaction. It will be declined if you do not have enough of that asset to cover the purchase or withdrawal. If the merchant supports and accepts split transaction authorizations, the asset will be liquidated to cover the cost of the split transaction authorization. You cannot transfer funds to or from your Card Account or hold funds on your Card. You may access the funds in your Card Account by using (1) your Card, (2) the number inscribed or printed on the front of your Physical Card or the number provided to you in connection with your Virtual Card, as applicable (the “Card Number” or “Card Numbers”). The Card is not a credit card. The Card is not a gift card, nor is it intended for gifting purposes. You will not receive any interest on your funds on the Card. The funds in your Card Account will not expire, regardless of the expiration date on the front of your Card.
   
   Physical & Virtual Card: You may request, be issued, and/or use a physical plastic card (a “Physical Card”) or a virtual representation of the card (a “Virtual Card”) through the Uphold Platform. If you have and use a Physical Card and a Virtual Card at the same time, both forms of your Card are associated with one Primary Access Number (“PAN”), which allows you to access the funds available in your Card Account. Except as otherwise stated in this Agreement, you have the same rights and responsibilities under this Agreement whether you use a Physical Card or Virtual Card. You may use the Card to purchase goods or services everywhere Visa® debit or Pulse® brand cards are accepted.
   
   • Virtual Card: You may request a Virtual Card through the Uphold Platform at the time of enrollment or after you enroll. Your Virtual Card will be displayed in the Uphold Platform after the successful verification of your identity as described above and will be activated and ready for use shortly after approval. You may access the funds in your Card Account by using your Virtual Card Number for transactions or purchases that do not require a physical card. You may set your PIN on the Uphold Platform. If you choose to receive and use a Physical Card, you will be able to continue using your Virtual Card.
   • Physical Card: If you request a Physical Card, it will be mailed to the address you provide to us during the registration process. When you receive your Physical Card, use the Uphold Platform to activate it and set up your PIN (as set forth in the Section of this Agreement titled “Personal Identification Number (“PIN”)). Upon receipt and activation of your Physical Card, your Virtual Card information will match your Physical Card information. 
     

3. Fees

   
   THE FEES RELATING TO THE USE (AND MISUSE) OF YOUR CARD 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 CARD ACCOUNT AND WILL BE ASSESSED SO LONG AS THERE IS A REMAINING BALANCE IN YOUR CARD ACCOUNT, UNLESS PROHIBITED BY LAW. You agree to pay all fees associated with the Card. We and/or the Program Manager may, from time to time, amend the Fee Schedule at our sole discretion as set forth in the Section of this Agreement titled “Amendment and Cancellation.” Please see also the Section of this Agreement titled “Short Form Disclosures” (Schedule B) for information about the fees for each of the Uphold Visa Cards.

4. Authorized Users

   
   You may not request an additional Card (“Secondary Card”) to allow another person to access the funds in your Card Account. If you permit another person to have access to your Card, or Card Number, you are liable for all transactions made with the Card, Card Number or Account Number, and all related fees incurred by those persons. To cancel a Card, telephone the toll-free number on the back of your Card or the Customer Service Number and you must follow-up no later than 10 business days with the written notification to revoke (cancel) permission for any person you previously authorized to use your Card. Until we have received your notice of such a revocation (cancellation) and have had a reasonable time to act upon the written notification of cancellation, you are responsible for all transactions and fees incurred by you or any other person you have authorized. If you tell us to revoke (cancel) a Card, we may revoke (cancel) your Card and issue a new Card with a different Card Number and/or Account Number. You are wholly responsible for using your Card according to the terms of this Agreement, subject to the Section titled “Lost or Stolen Cards/Unauthorized Transfers” below and other applicable laws.
   
   

5. Card Account Use and Purpose

   
   Subject to the limitations set forth in this Agreement, you may use your Card, Card Number, or Account Number, as applicable, to (1) purchase goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account or the Daily Purchase Limit (as defined in the table below), and (2) withdraw cash from your Card Account (as described in the Section below titled “Using Your Card to Get Cash”). 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 (i) not to use your Card for illegal gambling or any other illegal purpose; (ii) to use your Card for personal use only and not for any business or commercial purposes; and (iii) not to demonstrate or use any abusive, threatening and/or violent behavior or language towards any Customer Service agents and personnel of the Bank and/or the Program Manager.
   
   • FDIC Deposit Insurance: As noted above, you will have access to a “Fiat Asset Account”, labeled USD account on the Uphold Platform. This account is held at Cross River Bank, member FDIC, and funds in this account are covered by FDIC insurance. For the avoidance of doubt, no cryptocurrencies, precious metals, or other currencies are held by Cross River Bank and therefore do not qualify for FDIC insurance.  
   • No Overdrafts Permitted: You are not permitted to overdraw your Card Account. If the available amount in the linked asset of your Card Account is insufficient to cover any payment or withdrawal you have authorized, the payment or withdrawal you have requested can be declined. Refer to the Section below titled “Your Obligation for Negative Balance Transactions” for additional information.

6. Limitations on Frequency and Dollar Amounts of Transactions

   
   The total amount of purchases that you can perform in any single day is limited to both the Daily Purchase Limit and the Daily Purchase Frequency Limit; and the total amount of cash withdrawals that you can perform in any single day is limited to both the Daily Withdrawal Limit and Daily Withdrawal Frequency Limit (as defined in the table below). Since your card is linked to an asset in the Uphold Platform and purchases and withdrawals are funded in real time, there is no maximum card balance. In the rare event that funds are transferred to your card, the maximum value of your Card may not exceed $25,000 at any time. For security reasons, we may further limit the number or dollar amount of transactions you can make with your Card. The following grid is provided in order to highlight the frequency and limitations of cardholder transactions, in a single day or additional time frame if warranted, by Card type:
   
   

   Transaction Type	Uphold Essential Card	Uphold Elite Card
   Maximum Balance on the Card	$25,000	$25,000
   Withdrawals	Any combination of the withdrawal types listed below to not exceed $2,500 per day or $10,000 per month	Any combination of the withdrawal types listed below to not exceed $25,000 per day or $100,000 per month
   Cash withdrawal (ATM)	$500 per day (“Daily Withdrawal Limit”) and $2,000 per month 3 withdrawals per day (“Daily Withdrawal Frequency Limit”) and 10 per month	$2,000 per day (“Daily Withdrawal Limit”) and $10,000 per month 3 withdrawals per day (“Daily Withdrawal Frequency Limit”) and 30 per month
   Cash withdrawal (bank teller)	$500 per day (“Daily Withdrawal Limit”) and $2,000 per month 3 withdrawals per day (“Daily Withdrawal Frequency Limit”) and 10 per month	$2,000 per day (“Daily Withdrawal Limit”) and $10,000 per month 3 withdrawals per day (“Daily Withdrawal Frequency Limit”) and 30 per month
   Purchases (POS)	$2,500 per day (the “Daily Purchase Limit”) and $10,000 per month	$25,000 per day (the “Daily Purchase Limit”) and $100,000 per month

7. Personal Identification Number (“PIN”)

   
   We will give you a PIN that you may use with your Card once your identity has been verified. Only one PIN will be issued for each Card Account. You will need a PIN to obtain cash at an ATM or to make a PIN purchase or obtain cash back at a point-of-sale (“POS”) terminal. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should immediately visit the Uphold Platform and change your PIN.

8. Using Your Card to Get Cash

   
   With a PIN, you may use your Card to (i) obtain cash or check your balance at any Automated Teller Machine (“ATM”) that bears the Visa® or Pulse brand, or (ii) obtain cash at merchants or banks that have agreed to provide cash back at POS terminals bearing the Visa or Pulse brand. All ATM transactions are treated as cash withdrawal transactions. In the Uphold Platform, you must choose which type of asset to link to your Card. When a withdrawal is made with your Card, that chosen asset will be 1) liquidated on your behalf (in accordance with the Uphold Platform Terms and Conditions), 2)Fiat will be transferred to your Card Account to cover the transaction, 3) and then the funds will be debited from your Card Account once the transaction is settled. It will be declined if you do not have enough of that asset to cover the withdrawal. You cannot transfer funds to or from your Card Account or hold funds on your card. The maximum amount of cash you may withdraw at an ATM on a daily basis and the maximum number of times you may withdraw at an ATM are listed in the Section above titled “Limitations on Frequency and Dollar Amounts of Transactions.” We may limit the amount of any individual ATM withdrawal, and merchants, banks and ATM operators may impose additional withdrawal limits. You may be charged a fee by us for each cash withdrawal and balance inquiry made at an ATM or cash withdrawal obtained through a bank teller, in the amount disclosed in the accompanying “Schedule of All Fees and Charges (Schedule A).”
   
   In addition, when you use an ATM, the ATM operator or any network used may charge a fee. However, ATMs that display the Visa Plus Alliance Network logo will not charge a fee - you may find these ATMs at usa.visa.com/pay-with-visa/atm-banking-services.html. 

9. Split Transactions:

   
   If you do not have enough value in your linked asset on the Uphold Platform, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. If you fail to inform the merchant that you would like to complete a split transaction before swiping your Card, your Card is likely to be declined.

10. Transactions Using Your Card Number:

    
    If you initiate a transaction without presenting your Card (such as for a mail order, internet or telephone purchase), the legal effect will be the same as if you used the Card itself.

11. Your Obligation for Negative Balance Transactions:

    
    Each time you initiate a Card transaction, you authorize us to reduce the funds available in your Card Account by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions (creating a “negative balance”). Nevertheless, if any transactions cause the balance in your Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. You may also be liable for any related Insufficient Funds/NSF Fee(s) as set forth in the accompanying “Schedule of All Fees and Charges (Schedule A),” if any. We reserve the right to recoup such negative balance from any other asset you have on the Uphold Platform. We also reserve the right to cancel your Card if you create one or more negative balances with your Card.

12. Business Days

    
    Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of New Jersey, from 9:00AM to 5:00PM ET.

13. Authorization Holds

    
    You do not have the right to stop payment on any purchase transaction originated by use of your Card, other than a Recurring Transaction as described in the Section below titled “Recurring Transactions.” When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and the merchant may estimate its final value. When you use your Card to obtain cash at an ATM or from a bank teller, we will authorize the transaction in advance (including all applicable fees). When we authorize a purchase transaction, we commit to make the requested funds available when the transaction settles, and we sell assets in your linked asset account at Uphold Platform and will place a temporary hold on your Card Account funds for the amount indicated by the merchant. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds. Car rentals, hotels and other service-oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to 60 days after your stay or your rental to have any excess amounts held by the hotel or rental company added back to your available balance.
    
    Similarly, if you use your card to pay for gas at the pump, we will authorize and hold $100.00.; if you want to avoid such a hold, you may want to pay inside the gas station instead of paying at the pump. When you use your Card at certain restaurants and service-oriented merchants, there may be an additional 20% (or more) added to the authorization to cover any tip you may leave on the purchase. If you use your card for a rental or hotel, an additional 15% (or more) may be added to the authorization. If this occurs, and your total charge exceeds the amount available on your linked asset account after adding in the additional amount, your transactions may be declined. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card for the correct amount of the final transaction and release any excess amount when the transaction finally settles to your Fiat Asset Account on the Uphold Platform. If the final amount that the charge settles for exceeds the amount that was authorized, the Program Manager will sell additional assets in your linked Uphold asset account and debit those funds; if the funds are not available in that account, the Program Manager will request you to fund or switch the linked asset account so the additional funds to cover the settlement may be recovered. Your Card may be suspended or canceled if this occurs. 
    
    
    For example, if you go to the gas station and use your Card linked to your Bitcoin asset account to buy gas at the pump. To authorize the transaction, the Program Manager will sell $75 in Bitcoin to authorize the transaction. The final amount for your gas purchase is $59 and the gas station sends over your final charge of $59. The Program Manager will credit $16 to your Fiat asset account. 
    
    For example, if you go to a restaurant and spend $100 on a meal and pay for it using your Card linked to your Bitcoin asset account. To account for the tip, the Program Manager will authorize the charge for $120. If your Bitcoin asset account only had $115, the charge will be declined. 
    
    For example, if you rent a hotel room for one night for $200 and pay for it using your Card linked to your Gold asset account which has $250 in it. To account for any after check in expenses, the Program Manager will authorize the charge for $230 and the charge would be approved. However, if you ordered room service for $60 and the final charge from the hotel settled as $260, then the Program Manager will sell the additional $20 in your Gold asset account and then sell an additional $10 of an asset in an account of the Program Manager’s choosing. 
    
    NEITHER THE PROGRAM MANAGER NOR THE BANK WILL BE LIABLE FOR ANY GAINS OR LOSSES INCURRED BY THE SELLING OF ASSETS TO COVER CHARGES ON YOUR CARD. TO AVOID THE PROGRAM MANAGER SELLING ASSETS WHEN YOU MAKE PURCHASES, LINK YOUR CARD TO YOUR FIAT ASSET ACCOUNT ON THE UPHOLD PLATFORM.

14. Recurring Transactions

    
    If you intend to use your Card for recurring transactions, you should monitor your balance and ensure you have funds available in your Card Account to cover the transactions. “Recurring transactions” are transactions that are authorized in advance by you to be charged to your Card at substantially regular intervals, such as a monthly telephone bill. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance in your Card Account to cover the recurring transaction. If these recurring transactions may vary in amount, the person you are going to pay should tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) If you have told us in advance to make regular payments (i.e., recurring transactions) from your Card Account, you can stop the payment by calling the number on the back of your Card or by contacting support through the Uphold Platform at least three business days before the scheduled date of the transfer. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call in order to ensure any subsequent payment requests from the particular merchant/payee are not processed.. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your direct losses or damages. If you have authorized a merchant to make the recurring transaction, you also should contact the applicable merchant in order to stop the recurring transaction.

15. Returns and Refunds

    
    If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card Account for such refunds. Refunds to your Card will immediately be credited to your Fiat asset account on the Uphold Platform and will not remain on your card. You are not entitled to a check refund. The amounts credited to your Card for refunds may not be available for up to five days from the date the refund transaction occurs. IF YOU DID NOT MAKE THE ORIGINAL PURCHASE AT THE MERCHANT FROM WHICH YOU ARE RECEIVING A REFUND, YOUR RETURN CREDIT MAY EITHER 1) BE DECLINED, OR 2) YOU MAY BE ASKED TO PROVIDE THE ORIGINAL PURCHASE RECEIPT (GIFT RECEIPTS ARE NOT ACCEPTED) OR A LETTER FROM THE MERCHANT ON THEIR OFFICIAL LETTERHEAD VERIFYING THE VALIDITY OF THE RETURN.

16. Card Cancellation and Suspension; Limits

    
    We reserve the right, in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of transactions. We may refuse to issue a Card, revoke Card privileges, or cancel your Card with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, you may do so by calling the telephone number on the back of your Card or contacting Customer Service through the Uphold Platform. You agree not to use or allow others to use an expired, revoked, canceled, suspended or otherwise invalid Card. Our cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card privileges through no fault of yours, you will be entitled to a refund as provided below in the Section titled “Amendment and Cancellation.” Not all services described in this Agreement are available to all persons or at all locations. We 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.

17. Foreign Transactions

    
    Any transaction initiated on a Card in a currency or country other than the currency or country in which the Card was issued (each, a “Foreign Transaction”) will be subject to a fee (“Foreign Transaction Fee”) set forth in the “Schedule of All Fees and Charges (Schedule A)” attached to this Agreement. A Foreign Transaction includes transactions when you use your Card in a foreign country, including without limit when you make a withdrawal at an ATM in a foreign country or to make a purchase from a merchant in a foreign country, either in person or online. In the event that a Foreign Transaction is reversed or canceled prior to settlement, we will reverse the Foreign Transaction Fee on that Foreign Transaction.
    
    This Foreign Transaction Fee is in addition to the currency conversion rate. If you effect a Foreign Transaction with your Card, Visa will convert the charge into a USD amount. The Visa currency conversion procedure includes use of either a government mandated exchange rate, or a wholesale exchange rate selected by Visa. The exchange rate Visa uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account. We will not reimburse you for any exchange rate loss or fee, or for any Foreign Transaction Fee or any other fee you incur by using your Card for a Foreign Transaction. Any Foreign Transaction Fee charged to you for a cash withdrawal made at an ATM located outside the U.S. is in addition to any ATM withdrawal fee that we may charge.

18. Receipts:

    
    You should get or request a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipts to verify your transactions.

19. Obtaining Balance and Transaction Information for Your Card; Periodic Statements Alternative

    
    You should keep track of the amount of funds available in your linked asset account on the Uphold Platform. Since asset values change rapidly, the best way to obtain information about the amount of funds you have access to in your Card Account is by visiting the Uphold Platform. This information, along with a 12-month history of account transactions, is also available on the Uphold Platform. You also have the right to obtain a 24-month written history of account transactions by calling the number on the back of your Card, writing us, or visiting the Uphold Platform.

20. Rewards

    
    The Program Manager may offer rewards and incentives from time to time. The terms and conditions for these rewards will be located at https://uphold.com/cardrewards.

21. Confidentiality

    
    We may disclose information to third parties about your Card or the transactions you make using your Card: (1) where it is necessary for completing transactions; (2) in order to verify the existence and condition of your Card 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 Program Manager’s employees, auditors, affiliates, service providers, or attorneys as needed; and (6) as otherwise provided in our Privacy Notice.

22. Our Liability for Failure to Complete Transactions

    
    In no event will we, our affiliates or respective officers, directors, shareholders, members employees, agents, partners, successors or assigns  or the Program Manager and its affiliates or respective officers, directors, shareholders, members employees, agents, partners, successors or assigns be liable for consequential damages (including lost profits), extraordinary damages, special, hybrid or punitive damages, or damages for lost revenue, goodwill or savings, loss of data or reputational harm, whether or not  based on a claim of breach of contract or warranty, negligence or other tort, strict liability or otherwise under any theory of law, even if we were advised of the possibility of such losses or damages. Neither we nor 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 Card Account to complete the transaction; (2) if a merchant refuses to accept your Card or provide cash back; (3) if an ATM where you are making a cash withdrawal does not have enough cash; (4) if an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; (5) if access to your Card has been blocked after you reported your Card 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 Card Account) lost or stolen; (6) if there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (7) if we or the Program Manager have reason to believe the requested transaction is unauthorized; (8) 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; (9) we are unable to verify your identity or legal use of the funds to the satisfaction of our compliance and risk monitoring teams, or (10) for any other exception stated in our Agreement with you.

23. In Case of Errors or Questions about your Card Account

    
    If you think an error has occurred in your Card Account, promptly contact us through the Uphold Platform to begin the dispute process.  IF YOU BELIEVE YOUR CARD ACCOUNT HAS BEEN COMPROMISED, promptly call the telephone number on the back of your Card to lock your account or lock your account using the Uphold App. We must hear from you about an error until 60 days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date the FIRST written history was made available on which the error appeared. Statements are available on the 1st day of each month. You will need to tell us: (1) your name and Card 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 us orally, we will require that you send your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days. For unauthorized transactions on the Visa signature network or any Visa-owned PIN debit network, we must complete the investigation in five business days, unless the dispute resolution team determines an exceptional basis exists, in which case Visa allows an additional five business days. In any case, if we need more time, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your Card within 10 business days. If the unauthorized transaction was on the Visa signature network or any Visa-owned PIN debit network we will provide Provisional Credit within five business days, unless the dispute resolution team determines an exceptional basis exists, in which case Visa allows an additional five business days in which to provide the provisional credit) 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 we ask you to put your complaint or question in writing and you do not provide it within 10 business days, (five business days for Visa network transactions) we may not provisionally credit your Card Account. Provisional Credit will be placed in the fiat asset account on the Uphold Platform. For errors involving new Cards (that is, Cards for which the initial deposit into the Card Account occurred within the last 30 days), POS transactions, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. We will tell you the results within three business days after completing the investigation. If we decide that there was no error, we will send you a written explanation and debit your Card Account for the amount of the provisional credit. If sufficient funds are unavailable in your fiat asset account on the Uphold Platform, we may debit a different asset account. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call the Program Manager at the number on the back of your Card.

24. Lost or Stolen Cards/Unauthorized Transfers:

    
    If you believe your Card, Access Code(s), or PIN has been lost or stolen, call the number on the back of your Card, or contact us through the Uphold Platform. You should also call the number on the back of your Card or contact us through the Uphold Platform if you believe an electronic transfer has been made using the information from your Card, Access Code(s), or PIN without your permission.

25. Your Liability for Unauthorized Transfers

    
    You agree to exercise reasonable control over the information related to your Card Account, including your Card, Access Code(s) and PIN. Tell us AT ONCE if you believe your Card, Access Code(s), or PIN has been lost or stolen. Also, if your transaction history shows transfers that you did not make, including those made with your Card, Card Number or Account Number, or you believe an electronic transfer has been made without your permission, tell us at once. The best way to keep your losses down is by calling the toll-free number on the back of your Card. You could lose all of the money in your Card Account. If you tell us within two business days after you learn of the loss or theft of your Card, you can lose no more than $50.00 if someone used your Card without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card, and we can prove that we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.00. If you do not tell us within 60 days after the earlier of the date you electronically access your Card Account or the first date we made the written statement available on which the error appeared, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
    
    In addition to the limitations on liability described above, you will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of your Card, Access Code(s), or PIN. You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue replacement Card(s), Access Code(s), and PIN(s), but only after you have provided such proof and security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate your Card(s) and/or Card Account to prevent future losses. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way.
    
    Visa’s Zero Liability policy does not apply to ATM transactions outside the Visa and PLUS networks or PIN transactions not processed by Visa.

26. Other Terms

    
    Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. Except as set forth in the Arbitration Provision, 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 Jersey except to the extent preempted or governed by federal law.

27. 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 Card or this Agreement at any time. You also may cancel this Agreement by calling the number on the back of your Card or contacting us through the Uphold Portal. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before termination.

28. Telephone Monitoring/Recording; Calls and Messages to Mobile Phones

    
    We may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law. We may use automated telephone dialing and electronic mail to provide messages to contact you about transactions and other important information regarding this Agreement or your relationship with us. 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 to call any telephone number you have given us or you give to us in the future and to play prerecorded messages with information about the Agreement over the phone. You also give us permission to communicate such information to you by e-mail. 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 we will not be liable to you for any fees, inconvenience, annoyance, or loss of privacy in connection with such calls or e-mails. 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. This authorization is part of our bargain concerning your use of the Card subject to this Agreement and we do not intend it to be revocable. However, to the extent we are required by applicable law to allow you to revoke your consent to these automatic reminders, you may do so by contacting us through the number on the back of your card or through the Uphold Portal.

29. No Warranty Regarding Goods and Services

    
    We are not responsible for the quality, safety, legality, delivery, or any other aspect of any goods or services you purchase with your Card.

30. US Arbitration Provision

    
    This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) from US Users shall be arbitrated instead of litigated in court upon the election of either party. You may reject this US Arbitration Provision by sending us a written notice which gives your name, address, email address associated with your Account, with a statement that you reject the US Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to Uphold HQ Inc. Attn: Arbitration Rejection Notice, 228 Park Ave. S., #50458, New York, NY 10003-1502 or email to [email protected]. A rejection notice must be signed by you and received by us within 45 days after the date you first open your Card Account or the date this US Arbitration Provision first becomes effective, whichever is later. Rejection of arbitration will not affect any other term of this Agreement. This Arbitration Provision is separate from the Arbitration Provision applicable to you under the User Agreement governing your use of  the Uphold Platform available at https://uphold.com/en-us/legal/membership-agreement/north-america. If you opted out of arbitration for the Uphold Platform, you will also need to opt out of arbitration for the Card. 
    
    • Definitions: Definitions: As used in this US Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and Uphold or any of its affiliates, agents, employees, officers, or contractors, arising from or relating to this Agreement. “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 (a) your Uphold Account; (b) the amount of available Funds in your linked Uphold Account; (c) advertisements, promotions or oral or written statements related to the Uphold Platform; (d) the benefits and services related to the Uphold Platform; (e) data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about you; or (f) collection of any debt and the manner of collection. We shall not elect to use arbitration under the US Arbitration Provision for any individual Claim that you properly file and pursue in a small claims court of proper jurisdiction 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 US 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 US Arbitration Provision. As solely used in this US Arbitration Provision, the terms “we,” “us” and “our” shall for all purposes mean Uphold HQ and its subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, the terms “we” “us” and “our” shall include any third party using or providing any product, service or benefit in connection with the Card Account 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 US Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Card Account, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders.
    • Initiation of US Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this US 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.
    • 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.
    • 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 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 US Arbitration Provision is the “Class Action Waiver.” (Special procedures apply to Claims that seek public injunctive relief, as set forth below).
    • Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the County of New York, New York. 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 residential 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.
    • Arbitration Procedures: This US 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 US 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.
    • 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 US Arbitration Provision.
    • Continuation and Severance: This US Arbitration Provision shall survive cancellation, suspension, revocation or termination of your Account 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 US Arbitration Provision is held to be invalid or unenforceable, it shall not invalidate the remaining portions of this US 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 US 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 US 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.

31. Electronic Communications:

    
    We may be required to provide certain legal and regulatory disclosures, periodic statements and confirmations, notices and other communications (collectively “Communications”) to you in written form. If you no longer have access to your account to receive the disclosures in electronic format then you may request the disclosures in written form.
    
    All Communications from us relating to your use of or access to the Platform may be provided or made available to you electronically by email, text messaging (SMS), “in-app” messaging or by posting a Communication on the Platform, and that you can access the Communications in the designated formats described below. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us and our agents concerning your Card usage and access.
    
    Electronic Communications shall be deemed to be received by you upon delivery in the following manner:
    
    • Posting them to your Account on our website or in an associated mobile application;
    • Posting them on or in a website or mobile application associated with us or the Platform;
    • Sending them via electronic mail to the email address you used to register for the Platform;
    • Sending them via text messaging (SMS) to the phone number you used to register for the Card; or
    • Otherwise communicating them to you via the Uphold Platform.
    
    It is your responsibility to open and review Communications that we deliver to you through the methods described above. We may, but are not obligated to provide you with notice of the availability of a Communication that is delivered in one of the methods described above (for example, by informing you of such Communication through a notification sent to your mobile device).
    
    It is your responsibility to keep your primary email address and mobile number registered with us up to date so that we can communicate with you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address or mobile number registered with us is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you. You can update your primary email address and other contact information by submitting a Support request or by logging into the Uphold Platform and navigating to your profile.
    
    Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you may need to add us to your email address book so that you will be able to receive the Communications we send to you.
    
    If you are requesting additional copies of Communications or withdrawing your consent, the following additional terms will apply:
    
    • You may contact us, or any applicable service provider, to request another electronic copy of the electronic Communication without a fee;
    • You may request a paper copy of such electronic Communication within ninety days of the original Communication issuance date;
    • You may contact us to update your registration information used for electronic Communications or to withdraw consent to receive electronic Communications by calling +1 888-977-7217 or the toll-free telephone number on the back of your Card. You may write the Program Manager at Uphold Card, 228 Park Ave. S., #50458, New York, NY 10003-1502;
    • We reserve the right to terminate your use of the Card and any associated service provider products and services if you decline or withdraw consent to receive electronic Communications.
    
    Hardware and Software Requirements. In order to access, view, and retain Communications it is recommended to have the latest operating system release and the latest version of the Uphold mobile app. The minimum required to access the Uphold Platform, you must have:
    
    
    • An Internet browser that supports 128-bit encryption
    • Microsoft Internet Explorer version 11.0.220 or above, Google Chrome version 88 or above, Safari version 13.1.2 or above, Brave version 1.3 or above, or an equivalent browser
    • 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
    • And either,
      • A personal computer (1.6 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 via a plain text-formatted e-mail or by access to our web site using browser specified above or equivalent software. Or
      • Apple iPhone or iPod Touch running iOS 12.1 or later. Or
      • An Android mobile device running Android version 4.19.7 or later.

32. Notice of Mobile Authentication

    
    You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber details, if available, to your Program Manager and service providers for the duration of the business relationship, solely for identity verification and fraud avoidance.

33. Changes to Your Card Relationship

    
    So that Program Manager may manage your Card Account needs, you agree that Program Manager may at any time, as your agent and on your behalf, (a) open a new Card Account for you at a different FDIC-insured depository institution (“New Card Account”), (b) arrange for that new institution to provide a new Card to you, if necessary, and (c) transfer the current balance of your Card Account to the New Card Account. If Program Manager plans to do that, they will provide advance notice to you and you will be given time to “opt-out” of the change. If you do opt-out, Program Manager may cancel your Card. The Program Manager may keep your Card open when the New Card Account is provided to you.
    
    Schedule A: Schedule of all Fees and Charges for your Uphold Visa Card (Long Form Disclosure).
    
    States Applicable To: All

Your funds are eligible for FDIC Insurance¹

No overdraft/credit feature.

Contact Uphold HQ Inc.. by calling +1 888-977-7217 or by mail at Uphold Card,  228 Park Ave. S., #50458, New York, NY 10003-1502228 Park Ave. S., #50458, New York, NY 10003-1502 or visit www.uphold.com. 

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.

¹The “Fiat Asset Account” (labelled the “USD account” on the Uphold Platform) is held at Cross River Bank, Member FDIC. Funds in this Account are covered by FDIC Insurance. For the avoidance of doubt, no cryptocurrencies, precious metals, or other currencies are held by Cross River Bank and, therefore, do not qualify for FDIC Insurance.

Uphold Essential Card

Short form for Elite Card

Bank Privacy Notice

Questions? Call toll-free 1-877-55CRB55 or contact us at www.crossriver.com

OTHER IMPORTANT INFORMATION

For California Customers. We will not share personal information for joint marketing-without your authorization.

For Nevada Customers. We are providing you this notice pursuant to Nevada law. If you prefer not to receive marketing calls from us, please let us know by calling us at 1-877-55CRB55 or contact us at . Additional information concerning our privacy policies can be found at or call 1-877-55CRB55.

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 or call 1-877-55CRB55.