Electronic Signature (ESIGN) and Electronic Communication Disclosure and Consent

The Electronic Signature (“ESIGN”) and Electronic Communication Disclosure and Consent Agreement (herein referred to as the “Consent Agreement” or “Disclosure”) governs how FundFi LLC, its subsidiaries, (collectively, referred to herein as “FundFi”), its affiliates, representatives, and marketing partners (collectively, referred herein as “Partner” or “Partners”) utilizes Electronic Signatures (“ESIGN”) for signatures and/or to send d isclosures, documents, records, emails, notices, and other information in an electronic format (herein, individually, a “Record” and collectively, “Electronic Communication”) to You (herein shall mean, the “User”, “You” or Your”) regarding FundFi LLC’s products and services (herein, collectively referred to as “Services”).

This Disclosure also applies to agreements governing your use of the Services, and Communications under them. All these Communications and agreements are collectively referred to as “Communications”. FundFi LLC, its subsidiaries, its affiliates, representatives, and marketing partners herein individually and collectively referred to as “FundFi”, “we,” “us,” “our,” or “ours. Before you use any of our Services electronically as defined herein, you must review and consent to the terms outlined within this Consent Agreement. Where the context hereto requires, the singular shall be deemed to include the plural, the masculine gender shall include the feminine and neuter genders, and vice versa unless otherwise specifically stated.

By submitting your information and opting in by clicking links, signing agreements, or opting in to receive SMS/Text Messages that refer to FundFi’s Terms and Conditions, Privacy Policy, or this Consent Agreement on including, but not limited to fundfi.com or any subdomain (collectively, the “Website”) to be contacted by FundFi, vendors, clients, affiliates, third-parties, or partners, you acknowledge that you have received this Disclosure and that you agree to conduct transactions, use electronic signatures, and receive Electronic Communication electronically in accordance with this Disclosure and your use of FundFi’s Services.

This Disclosure is provided to inform you of your rights as it relates to using Electronic Signatures and receiving Electronic Communication electronically from FundFi LLC on its behalf, its vendors, clients, affiliates, third-parties, or partners. The Electronic Signatures in Global and National Commerce Act (“ESIGN”) (15 U.S.C. §§7001-7006), enacted in 2000, permits, but does not require, the use of electronic signatures. As part of your relationship with FundFi, we want to provide you with different ways you can keep up to date with your FundFi account, as well as view, receive, and even sign any documents electronically. By law, we are required to send some information to send you in writing, on paper unless we receive your prior consent to use Electronic Communication and ESIGN throughout our relationship with you.

IMPORTANT NOTE: THIS INFORMATION IS ONLY APPLICABLE TO TRANSACTIONS BETWEEN YOU AND FundFi LLC. FOR FURTHER INFORMATION, YOU SHOULD CONTACT YOUR ACCOUNT HOLDING FINANCIAL INSTITUTION. YOU MAY HA VE ADDITIONAL RIGHTS AND OBLIGATIONS.

I. Transactions.

Unauthorized Transactions. If you believe your information has been lost or stolen, you should contact FundFi LLC. To inform us of an unauthorized transfer relating to any transactions set up with us, please contact:

FundFi LLC
3323 NE 163rd Street Suite 509
North Miami Beach, FL33160
1-866-393-8636
support@fundfi.com
Monday to Friday 9:00 am EST – 6:00 pm EST

Unless otherwise prohibited by Law, we may disclose information to our partners, vendors, clients, affiliates, or third-parties about your account or the transfers you make:

  1. Where it is necessary for completing transfers, or
  2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or payment merchant, or
  3. In order to comply with government agency or court orders, or
  4. If you give us your written permission.

Preauthorized Payments. The Bill Pay service permits you to use your Internet-enabled device to direct payments from your designated online Bill Pay account to third parties you wish to pay. You can pay bills from your Bill Pay account to businesses or individuals. Users of the Bill Pay service agree to the following terms and conditions. The user’s utilization of bill payment services constitutes agreement to these terms and conditions:

All payments you make will be deducted from the checking account that you designate as your Bill Pay account for the Bill Payment service. Any payments you, wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the service from time to time. You should not use the Bill Pay service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees, will be your sole responsibility if delayed or improperly processed or credited.

Scheduling Payments. FundFi LLC must be available in your Bill Pay account on the scheduled payment date. You cannot schedule a payment to be initiated on Saturday, Sunday or a United States Federal Holiday when the Federal Reserve is closed. After funds are withdrawn from your Bill Pay account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check. By setting up an arrangement utilizing the portal, you agree to allow FundFi LLC to withdraw the amount specified by you, on the days specified by you, automatically for the life of each agreement.

  1. You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. Payments may be scheduled for up to 24 months in the future. When you create a new payee in the Bill Pay service, it takes between Two (2) and Ten (10) business days to set up the payee to receive payments. You should schedule a payment to a new payee at least Ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.
  2. For all subsequent payments, you agree to allow at least Three (3) to Five (5) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date you need the payment to be made, often shown on your invoice or provided in your agreement, with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (“ACH”) or a Remote Check Creation (“RCC”) electronic payment, it may take up to three (3) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Pay service, will send a check that may take up to five (5) business days. After Ninety (90) days, these checks are not negotiable and considered stale. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, FundFi LLC, will work with the payee on your behalf to reverse any late fees or charges. However, FundFi LLC shall not be responsible for any late charges, finance charges, or other associated fees as a direct result of any late payments.
  3. By using the Services, you authorize FundFi LLC to either make alternate arrangements for the payment or to reschedule the payment through the Bill Pay service.

Right to stop payment and procedure for doing so. If you have told us in advance to make regular transfers out of your account, you can stop any of these payments. Here’s how:

  1. At least Two (2) business days prior to the date the payment is scheduled to be withdrawn from your account, call FundFi LLC at 1-866-393-8636 during our normal business hours of Monday through Friday between the hours of 9:00 am EST to 6:00 pm EST or send an email to support@fundfi.com. You may also write to us by mailing a request to FundFi LLC, 3323 NE 163rd Street, Suite 509, North Miami Beach, FL 33160. Be sure to send the correspondence in time for us to receive your request at least Seven (7) business days or more before the payment is scheduled to be withdrawn from your account.
  2. Notice of varying amounts. If these regular payments may vary in amount, FundFi LLC will tell you, at minimum Five (5) days before each payment, when it will be made and how much it will be.
  3. Liability for failure to stop payment of preauthorized transfer(s). If you order us to stop one of these payments Three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Alternative Notice about Electronic Check Conversion. Authorizing One-Time Electronic Fund Transfers Using Information from a Remote Check Creation (the “RCC”)

  1. Alternative Notice about Electronic Check Conversion. When you provide a check as payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your account. In certain circumstances, such as for technical or processing reasons, we may process your payment as a check transaction, demand draft, or remotely created check.
  2. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day [you make] [we receive] your payment(s), and you, will not receive your check back from your financial institution.

II. Electronic signatures and communication

ESIGN ACT DISLOSURE. The Electronic Signatures in Global and National Commerce Act (ESIGN, Pub. L. 106–229 (text) (PDF), 114 Stat. 464, enacted June 30, 2000, 15 U.S.C. ch. 96) is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically. Although every state has at least one law pertaining to electronic signatures, it is the federal law that lays out the guidelines for interstate commerce.

This Disclosure applies to all Electronic Communications between the consumer and FundFi LLC that are not otherwise governed by the terms and conditions of an electronic disclosure and consent. "Communication" shall mean any agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing.

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

  1. Applies to all transactions you affirmatively consent to the use of electronic procedures unless the transaction is specifically excluded under the terms of the Act itself including, but not limited to the following:
    1. All legal and regulatory disclosures and Communications associated with your account;
    2. Any disclosure required by Law;
    3. Notices or disclosures about a change in the terms of your account or associated payment feature and responses to claims;
    4. Privacy policies and notices;
    5. Communications that we may include from time to time relevant to the account.
    6. Any disclosure statement governing your use of the Services;
    7. Billing statements, receipts and account history reports;
    8. Letters, notices and alerts regarding the Services and any changes to the Services;
    9. Federal and state tax statements and documents; and
    10. Other disclosures, notices and Communications in connection with (a) your application for the Services; (b) your account with FundFi LLC; (b) account maintenance; or (d) servicing and collection of funds.
  2. Permits the use of an e-signature in any transaction if both parties consent to the usage.
  3. Dictates that any document in electronic form or executed with an e-signature is fully enforceable.
  4. Sets forth electronic record retention requirements.
  5. Provides that Electronic Communication is fully admissible in any legal proceeding.

Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) sending an email to the email address listed in the applicable account or as provided by you; (2) by access to a website that we will designate in an e-mail notice we send to you at the time the information is available; (3) to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose; (4) posting them on the Website; (5) sending a text message to the mobile phone number listed in the applicable account; or (6) delivering them in another electronic format. Charges may apply to Communications sent by text or other electronic means.

How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form by contacting us at support@fundfi.com or by calling 1-866-393-8636, Monday- Friday 9:00 am EST to 6:00 pm EST, or by contacting us by mail at FundFi LLC 13323 NE 163rd Street Suite 509, North Miami Beach, FL 33160. At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive Electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive Electronic Communications; however, your access and use of our online services may be terminated. Any withdrawal of your consent to receive Electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.

How to Update Your Records. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your account(s), and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by contacting us support@fundfi.com or by calling 1-866-393-8636, Monday to Friday 9:00 am EST to 6:00 pm EST or by contacting us by mail at FundFi LLC 13323 NE 163rd Street Suite 5091Nort.h Miami Beach, FL 33160.
Hardware and Software Requirements. In order to access, view, and retain Electronic Communications that we make available to you, you must have at the minimum:

  1. an Internet browser that supports 128-bit encryption;
  2. a Windows or MAC compatible personal computer or another device (i.e., mobile phone, laptop, tablet, etc.) and is capable of accessing the Internet;
  3. sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
  4. a working email account you can access; and an Internet Browser which supports at least 128-bit encryption (i.e., Google Chrome, Microsoft Edge, Microsoft Internet Explorer, Opera, Mozilla Firefox, etc.);
  5. a personal computer (for PC’s: Pentium 120 MHz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted e-mail or by access to the Website using one of the browsers specified above.
  6. Pelf document viewer software which is a special software, such as Adobe Acrobat Reader, installed on your device in order to view Portable Document Format (PDF) documents to view these types of files (a free download is available by going to https://www.adobe.com/acrobat/pdf-reader.html); and
  7. A printer connected to your computer or other device.

Requesting Paper Copies. We will not send you a paper copy of any communication, unless you request it, it is required by law, or we other ise deem it appropriate to do so. You can obtain a paper copy of an Electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the Electronic Communication to you. To request a paper copy, contact us at support@fundfi.com or by calling FundFi LLC 1-866-393-8636, Monday to Friday 9:00 am EST to 6:00 pm EST, or by contacting us by mail at FundFi LLC 3323 .NE 163rd Street Suite 509, North Miami Beach, FL 33160. There is no charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing". You should print or download for your records a copy of this disclosure and any other communication that is important to you.
Signature. By using the online services, you agree that an electronic facsimile of your signature or electronic agreement carries the full legal weight of a written signature.

Federal Law. You acknowledge and agree that your consent to Electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

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

Consent. By agreeing to use the online system requiring electronic signature, E-statements, or E-notifications, by opting-in and checking the apply “Signature" You hereby give your affirmative consent to provide Electronic Communications to you as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address at which we may send Electronic Communications to you.

Modification of Consent Terms. FundFi LLC reserves the right to modify the terms and conditions of this Disclosure at our sole discretion and without prior notice.

III. Additional disclosures and consent

E-MAIL OPT-IN DISCLOSURE. In addition to the ESIGN Disclosures, by opting in and clicking the apply “Signature" you acknowledge that you wish to receive ongoing private and personal electronic information from FundFi LLC, via email and that this information is confidential and that you will be the recipient of this information being sent to the email address that you have provided. Furthermore, by clicking this link, you understand and acknowledge as follows:(1) That by providing an employer or shared e-mail account, emails from us may be accessed by others with access to your email account; (2) That email Communications may be susceptible to interception; and, (3) That despite the risks associated with e-mail Communications, you agree that FundFi LLC, may send you unsolicited emails and SMS text messages containing private and personal electronic information.

TELEPHONE OPT-IN DISCLOSURE. By opting in and clicking apply “Signature" you acknowledge that FundFi LLC may contact you using any telephone numbers you enter using the FundFi LLC online system. You waive any confidentiality and privacy related to such telephone numbers.

ELECTRONIC COMMUNICATION DISCLOSURE. You acknowledge and agree that the Communications between you and FundFi are electronic. You consent to receive Communications from FundFi in an electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures, and other Communications that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. FundFi will use reasonable efforts to honor any request you may have to opt out from receiving e-mails. You hereby confirm and agree that your sole remedy in connection with any e-mail sent by FundFi shall be to stop your use of the Website.

ELECTRONIC COMMUNICATION & ELECTRONIC SIGNATURE CONSENT. BY USING OUR SERVICES AND WEBSITE(S) YOU CONSENT AND YOU AGREE TO THE TERMS OF THIS DISCLOSURE. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS DISCLOSURE AS IT RELATES TO OUR SERVICES, ELECTRONIC SIGNATURES, TRANSACTING AND RECEIVING ELECTRONIC COMMUNICATION (I.E., RECORDS, DISCLOSURES, ETC.), AND DOING BUSINESS ELECTRONICALLY OVER THE INTERNET. FURTHER, BY UTILIZING OUR SERVICES, YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, AGREE TO HAVE RECORDS PROVIDED ELECTRONICALLY AND AGREE TO DO BUSINESS WITH OUR PARTNERS ELECTRONICALLY. YOU FURTHER ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF RECORDS BE PROVIDED BY FundFi OR ONE OF OUR PARTNERS AS IT PERTAINS TO OUR RELATIONSHIP BY FOLLOWING THE INSTRUCTIONS OUTLINED HEREIN. YOU ALSO ACKNOWLEDGE THAT WHEN DOING BUSINESS OVER THE INTERNET, YOUR CONSENT TO OUR DISCLOSURE IS A REQUIREMENT TO RECEIVE SERVICES FROM US. IF YOU DO NOT CONSENT TO THIS DISCLOSURE, THEN YOU ARE INDICATING THAT YOU DO NOT CONSENT TO USING OUR SERVICES, THE USE OF ELECTRONIC SIGNATURES, OR TO RECEIVING COMMUNICATIONS FROM US AND YOU DO NOT WISH TO CONDUCT TRANSACTIONS ELECTRONICALLY.

TCPA Consent. Without limiting any other rights FundFi or any person or entity acting on our behalf may have, you consent to us (and/or any person or entity acting on our behalf or servicing for us) communicating with you, in connection with your application or advance, using any telephone number, email address, or other contact information for you (or any persons listed on your application as a reference) that you have provided or will provide in the future to us (and/or any person or entity acting on our behalf or servicing the advance for us). FundFi (and/or any person or entity acting on our behalf or servicing the advance for us) may communicate with you using any current or future means of Communications, including but not limited to: automated telephone dialing equipment, as defined by law, the FTC, or the FCC; artificial or pre-recorded voice messages; telephone or other electronic facsimile machine; SMS or text messages; and email directed to you at a mobile telephone service, or email otherwise directed to you. You acknowledge that such Communications are informational Communications and are not intended for the purpose of telemarketing. FundFi (and/or any person or entity acting on our behalf or servicing the advance for us) may use such means of Communication even if you will incur costs to receive such telephone messages, telephone calls, SMS or text messages, emails, or other means.

Further, by providing us with your mobile number and opting-in, you give FundFi permission to send you account-related text messages, like payment reminders and notifications in conjunction with the services you have requested.

  1. The number of messages will vary by account.
  2. By providing us with your mobile number and opting-in, you agree you have ownership rights or permission to use the number given to us.
  3. Message and data rates may apply.
  4. To opt-out, text STOP to any text message we send you. An opt-out confirmation message will be sent back to you.
  5. To request support, text HELP to any text message we send you or email us at support@fundfi.com.
  6. If your handset does not support MMS, any MMS messages sent may be delivered as SMS messages.
  7. Wireless carriers are not liable for undelivered or delayed messages.

Third Party Websites and Content. The Website may contain links to third-party websites. Any such link is provided only as a convenience. FundFi has no control over any such other websites, the contents thereof or the products and/or services offered. The existence of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by FundFi of any third-party website, any content or information contained therein or the products and/or services offered. You should also be aware that the terms and conditions of such website and the website’s privacy policy and terms of service as they may be different from those applicable to your use of the FundFi Website. You should read such terms and conditions and privacy policies carefully before using any such third-party website. Your access to and use of such linked websites is governed by the Terms of Service and Privacy Policies of those sites and shall be at your own risk. FundFi is not responsible for the content of any third-party websites, nor does FundFi make any warranties or representations, express or implied, regarding the content on any third-party websites, and FundFi shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such websites or otherwise.

IV. Miscellaneous

Termination; Survival of Provisions. Automatic Termination for Non-Compliance: If you are not in full compliance with this Disclosure, the permissions granted to you under this Disclosure will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content, or any account on the Website.

FundFi’s Right to Terminate Your Use. FundFi may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which FundFi may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of the Terms of Service; (b) you have engaged in conduct which FundFi, in its sole discretion, considers to be unacceptable; (c) FundFi is required by law to do so; or (d) FundFi no longer provides the Website. The above are only examples of circumstances in which FundFi may terminate your right to use the Website and FundFi may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.

Voluntary Termination by You: If you want to terminate your legal agreement with FundFi under or consisting of these Disclosure, you may do so by notifying FundFi at support@fundfi.com.

Survival of Provisions: Your obligations and the disclaimers and provisions relating to (i) FundFi’s Intellectual Property, Copyrights, and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification and (iv) Miscellaneous will survive any termination or expiration of this Disclosure for any reason.

Survival of Other Obligations: You acknowledge that any legal obligations you may have under any other agreement with FundFi (including any written or verbal agreement) will not be affected in any way by the termination of this Disclosure and any such other agreement between you and FundFi will continue to be in effect in accordance with the terms herein.

Questions or comments – our contact information

FundFi welcomes questions and comments about the Terms of Service. Questions or comments should be directed to support@fundfi.com.

FundFi LLC 3323 NE 163rd Street, Suite 509 North Miami Beach, FL 33160

Last Modified: February 23, 2023

Last Modified: September 04, 2019