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These Terms and Conditions (“Terms”) govern the product “Covered by Kudzu” overdraft protection feature made available by The Bancorp Bank, N.A., (“Bank”) on behalf of Kudzu Money, LLC (“Kudzu”), the entity providing certain services for sponsoring and/or managing Covered by Kudzu on our behalf. By enrolling in Covered by Kudzu, you agree to be bound to these Terms. As used in these Terms, “We,” “Us,” and “Our” shall mean, as the context requires, both Bank and Kudzu. For any questions regarding these Terms or use of Covered by Kudzu, you may contact us by calling us at 1-855-751-0025 or through the website at www.kudzumoney.com (“Website”) or Kudzu Mobile App (“App”).
These Terms governs your use of Covered by Kudzu. By enrolling in Covered by Kudzu, you agree to be bound by these Terms. Further, you are authorizing us to automatically transfer funds from your Kudzu Savings Account to your Kudzu Spending Account to cover eligible transactions that exceed your Kudzu Spending Account balance. If you do not agree to be bound by these Terms, you cannot access Covered by Kudzu.
1. Association with other Products
As a condition of using Covered by Kudzu, you acknowledge that additional agreements that govern your relationship with Kudzu and your relationship with the Bank, including but not limited to, the Kudzu Deposit Account Agreement, the Kudzu Savings Account Agreement, The Bancorp Privacy Notice, the Kudzu Privacy Notice, and Electronic Communications Agreement (collectively, “Related Agreements”), are incorporated by reference and continue to apply in full force and effect. To the extent there is a discrepancy between a Related Agreement and these Terms, these Terms shall govern only with respect to use of Covered by Kudzu. You further agree that certain provisions found in the Related Agreements regarding any claim, dispute, or controversy against us arising out of or relating in any way to Covered by Kudzu may apply, including but not limited to: (i) arbitration; (ii) error resolution; (iii) limitation of liability; or (iv) confidentiality and data rights.
2. Covered by Kudzu Description
Covered by Kudzu is an optional service that enables you to automatically draw from your Kudzu Savings Account to cover accidental overdrafts in your Kudzu Spending Account caused by conducting debit card purchase transactions (“Eligible Transactions”). Eligible Transactions do not include ATM transactions, cash back transactions or “over the counter” or OTC withdrawals. The amount of overdraft protection is dependent upon your Kudzu Savings Account balance and will not exceed a Kudzu Savings Account balance of $50. Additionally, enrolling in Covered by Kudzu does not require a check of your credit score, and use of the Covered by Kudzu will not affect your credit score.
3. Qualifications
In order to qualify and enroll in Covered by Kudzu, you must:
We may determine additional requirements or adjust existing requirements at our discretion.
We may suspend or terminate your use of Covered by Kudzu if you fail to fulfill any of these qualification requirements before, during, or after enrollment. We may also terminate your access to Covered by Kudzu if you are in violation of any of the terms of the Related Agreements. Any termination of suspension of your access to Covered by Kudzu may continue until you cure the disqualification or violation, or we may terminate your access indefinitely. If your enrollment is terminated, we will not approve any further Eligible Transactions until you meet the qualifications and re-enroll in Covered by Kudzu.
4. Covered Limits
Your ability to draw the Kudzu Spending Account negative is restricted to the balance in your Kudzu Savings Account (such balance, the “Limit”). You can find your current Limit, Kudzu Savings Account balance, at any time by logging into the Website or App. Any attempt to conduct a transaction that would otherwise qualify as an Eligible Transaction will be restricted to the amount of your Limit that is available. Your Kudzu Savings Account must always maintain a minimum of a $50 balance, meaning any transfers that would otherwise be approved will be declined if it would bring your Kudzu Savings Account below that threshold. Further, you can only use the Covered by Kudzu feature 10 times per month.
5. Using Covered by Kudzu
If you use Covered by Kudzu, your Kudzu Savings Account will be linked to your Kudzu Spending Account and automatically transfer available funds from your Kudzu Savings Account to cover eligible transactions that exceed the available balance in your Kudzu Spending Account. Each time you conduct an Eligible Transaction, you will receive notification that we approved the transaction, including the amount of the Eligible Transaction and the updated Limit you have left. We do not charge any interest or fees for using Covered by Kudzu.
6. Our Rights to Repayment
Covered by Kudzu will not allow you to draw your Kudzu Spending Account negative. Nevertheless, should an incidental negative balance occur in your Kudzu Spending Account or Kudzu Savings Account, you will remain liable to us for such balance owed. We my offset any of your funds received or on deposit with us to cure such negative balance.
7. Modification of Terms
We may, from time to time, modify these Terms. Such modifications shall be effective as soon as the modified version of the Terms are posted on the App or Website, or any other authorized distribution location. We will send you notification of any modification of these Terms in accordance with applicable law. Your continued use of Covered by Kudzu following such changes constitutes your acceptance of the revised Terms.
8. Cancellation of Covered by Kudzu
You may cancel your use of Covered by Kudzu at any time. To do so, you may opt out of Covered by Kudzu through the Website or App. If you cancel your use of Covered by Kudzu, we will not approve Eligible Transactions, but we may continue to exercise our rights to cure any negative balance in your Kudzu Spending Account. If you continue to meet the eligibility criteria, you may re-enroll at any time.
We may terminate these Terms or suspend or terminate your use of Covered by Kudzu for any reason at any time upon notice required by applicable law. This may happen if we find out you are violating these Terms or the terms of any Related Agreement. You agree that the Bank and Kudzu are not liable to you or any third-party for any costs, fees, or losses associated with the termination of your access to Covered by Kudzu, including but not limited to, inability to complete a purchase, insufficient funds fees, late fees, legal fees, third party charges, or any other charge.
9. Disclaimer of Warranties
YOUR USE OF COVERED BY KUDZU IS SOLELY AT YOUR OWN RISK. COVERED BY KUDZU IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BANK, KUDZU, AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES) DO NOT WARRANT THAT COVERED BY KUDZU WILL BE AVAILABLE OR MEET THE REQUIREMENTS OF THESE TERMS AT ANY PARTICULAR TIME OR LOCATION, OR THAT COVERED BY KUDZU AND APP ARE SECURE OR FREE FROM ANY DEFECTS, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
10. Indemnification and Limitation of Liability
You agree to hold harmless and indemnify the Bank and Kudzu employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of Covered by Kudzu, or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. You further indemnify and hold Bank and Kudzu harmless from any claims by any other stakeholder to the funds held in your Account that we may need to cure any negative balance. WE WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO COVERED BY KUDZU FOR ANY FINANCIAL OR DATA LOSS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
11. General Provisions
These Terms represent the entire agreement among you, Bank, and Kudzu with respect to Covered by Kudzu. They supersede any other communications you have with us regarding Covered by Kudzu. Any part of these Terms is found to be unenforceable or invalid, only that part will be removed or limited as needed, and the rest of these Terms remain enforceable. All provisions of these Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You cannot assign or transfer any responsibility under these Terms to anyone else, however, we may assign these Terms at any time upon notice required by applicable law. We do not waive our rights by delaying or failing to exercise them at any time.
