Copper Terms of Service

5/29/20

Welcome to Copper! We are a digital financial services platform that instantly delivers the tools, access and education you need to save, spend and send money to friends. This is an explanation of the things you should know about using Copper. We last updated it on May 29th, 2020.

SynapseFi is our backend software provider, and partner of Evolve Bank & Trust (“Evolve”, and together with SynapseFi, our “Bank Partner”), member FDIC.  SynapseFi’s API, and their relationship with Evolve, enables us to offer banking services and products.  By agreeing to these Terms, you also agree to SynapseFi’s terms and policies: https://synapsefi.com/privacy and https://synapsefi.com/tos-evolve.

Section 1: Acceptance of Terms of Service

These Terms of Service (“Terms”) are an agreement between NEXT Financial Inc. doing business as Copper, its subsidiaries, affiliates, agents, service providers, and assigns (“us,” “we,” “our”) and you (“you,” “your”). The Terms govern your use of products and services we may offer through our website (www.getcopper.com) (the “Site”) and mobile app (the “App”), which we refer to collectively as our “Services.” You must be permitted to open a bank account to use our Services.  You can use our Services only if you can legally enter into and form contracts under applicable law. However, you may designate another person as an authorized user (“Authorized User”) of your Copper Account and our Services, as described in Section 6.

By signing up for Copper, using the Copper app or visiting Copper’s website (www.getcopper.com), you are saying you understand and agree to comply with these Terms, [our privacy policy https://getcopper.com/privacy-policy/], and applicable local, state, national and international laws and regulations, and are responsible for ensuring any Authorized User does the same. If you don’t accept these Terms, we can’t let you use our Services, and ask that you delete the App from your phone.  Our Services are not available to anyone whom we have previously removed from the Services.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE ARBITRATION AGREEMENT LIMITS COPPER’S LIABILITY TO YOU AND REQUIRES INDIVIDUAL ARBITRATION FOR LEGAL DISPUTES BETWEEN YOU AND COPPER.

Section 2: Services with Additional Terms; Business Days

Some of our Services may be subject to our additional terms, conditions, agreements, policies, guidelines, rules and schedules, which will be posted or made available separately from these Terms when the Service is offered (“Additional Terms”), including our Privacy Policy, located at [https://getcopper.com/privacy-policy/), and the AAA Rules (described in Section 29.4). Such Additional Terms are incorporated into and form a part of these Terms. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control.

For purposes of these Terms, our business days are Monday through Friday. Holidays are not included.

Section 3: Changes to These Terms; Modifications to Services

We may change these Terms from time to time. For example, we might change these Terms if there are changes to our Services, our technology, applicable laws, or for other reasons. If we do that, we will give you notice by posting the updated Terms on the Site. Any changes will become effective immediately after they are posted and will apply to your use of our Services after the changes become effective, except that changes addressing modifications to our Services or new functions or changes made for legal reasons may be effective immediately, with or without notice to you. Your continued use of our Services after these Terms have changed means that you accept those changes. If you do not agree to any changes, you cannot continue using our Services. We may discontinue, temporarily or permanently, our Services or any part of our Services, or otherwise change our Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services.

Section 4: Accessing and Using Certain Services; Account Application

In the future, our Services may include access to and maintenance of certain consumer financial products and accounts offered by a bank partner (“Bank Partner”). You understand that the Bank Partner has sole discretion to approve or deny your application for such products or accounts, or discontinue such products or accounts, for any reason, subject to applicable law. We or the Bank Partner may limit or deny your access to any other aspect of our Services for any reason, subject to applicable law.

Section 5: Account Registration; Security

We may ask you to create or apply for an online account to use certain parts of the Site, App or our Services (“Copper Account”). When you create a Copper Account, you may be required to pick a username, password, and/or other access credentials. Registration data and certain other information about you are governed by our Privacy Policy. You are responsible for the use of the Services under your Copper Account, for maintaining the confidentiality of your Copper Account and access credentials and for restricting access to your computer and any other devices you use to access your Copper Account, and you agree to accept responsibility for all activities that occur under your Copper Account or access credentials. You may not assign or otherwise transfer your Copper Account to any other person, except to the extent that these Terms or any Additional Terms permit you to add an Authorized User. You acknowledge that we are not responsible for third party access to your Copper Account, including access by an Authorized User and access that results from theft or misappropriation of your Copper Account or access credentials. We reserve the right, in our sole discretion, to refuse or cancel Services, terminate Copper Accounts, or remove or edit Content (defined in Section 12). You agree to (a) provide us with complete, accurate and up-to-date information for your Copper Account and you agree to update such information and keep it accurate, complete and up-to-date; if you don’t we might have to suspend or terminate your Copper Account, (b) immediately notify us of any unauthorized use of your access credentials or Copper Account or any other breach of security and (c) ensure that you exit from your Copper Account at the end of each session when accessing our Services. We will not be liable for any loss or damage arising from your failure to comply with this Section 5.

Section 6: Authorized Users; Minor Children Must Be Authorized by Parent or Legal Guardian

You may be permitted to add one or more Authorized Users to your Copper Account or allow an Authorized User to use our Services; provided, however, that the maximum number of Authorized Users on any Copper Account at one time is five (5). Subject to approval, this may include your minor child(ren). Any minor who uses our Services must do so only as authorized by their parent or legal guardian, who must themselves be of majority age. You acknowledge that these Terms will apply to you and each Authorized User, and you expressly accept these Terms on behalf of yourself and each Authorized User. You further agree to and accept full responsibility for any Authorized User’s use our Services, including (a) any transactions made by an Authorized User on your Copper Account; (b) any transaction made by an Authorized User even if the post date shown on your statement for that transaction occurs after the date you ask us to remove the Authorized User from your Copper Account; (c) any transaction made by others if an Authorized User allows them to use your Copper Account; (d) fees and charges resulting from any transaction made by an Authorized User or others if an Authorized User allows them to use your Copper Account; and (e) any other financial charges and legal liability that an Authorized User may incur in connection with their use of your Copper Account. You agree to allow us to discuss your Copper Account with an Authorized User, which includes giving him or her access to your transaction history and Copper Account information. You also agree that an Authorized User may use and receive information about the Copper Account the same way you do. By adding an Authorized User, you represent that you have permission from each one to allow us to share information about him or her as allowed by applicable law. This includes information we may get from you, any Authorized User, and information about their transactions and use of our Services.

Section 7: Consent to Doing Business Electronically; Communications

By accepting these Terms, you understand and agree that you are entering into this Basic Agreement electronically and that certain categories of information (“Communications”) may be provided by Copper to you by electronic means (for example, by posting it on the Site, sending you an in-App message, emailing it to an email address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:

  • These Terms, any Additional Terms, our Privacy Policy, and any other policies you agree to, and any amendments, modifications, or supplements to these agreements or policies.
  • Disclosures or notices provided in connection with our Services, including any required by applicable law.
  • Any customer service communications, including communications with respect to claims of error or unauthorized use of our Services; and
  • Any other communication related to our Services.

Although Copper reserves the right to provide Communications in paper format at any time, you agree that Copper is under no obligation to do so.

All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms or the Communications electronically, you may not use our Services.

Section 7.1: Timing of Communications

All Communications will be treated as received by you no later than the earlier of when received or 24 hours after sent to the contact information you provided, except Communications by postal mail, which will be deemed received by you no later than the earlier of when received or 3 business days after it is mailed to the most recent address we have on file for you. An electronic Communication by email or in-App notification is considered to be sent at the time that it is directed by our server to your email address or in-App inbox. You agree that these are reasonable procedures for sending and receiving electronic Communications.

Section 7.2: System Specifications

In order to access, view, and retain electronic Communications that Copper makes available to you, you must have access to the following required hardware and software:

  • An Android or iOS mobile device (such as tablet or smartphone) with a data plan;
  • A connection to the Internet;
  • A Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher. “Current Version” means a version of the software that is currently being supported by its publisher; and
  • A printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form.

Section 7.3: Requesting Paper Documents

You have a right to receive Communications in paper form. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you. Copper will provide paper copies free of charge. Requests to receive any paper copy may be made by mailing a written request to: support@getcopper.com. You may also email your request to support@getcopper.com. In order for us to send you a paper copy of a Communication, you must have a current mailing address on file in your Copper Account.

Section 7.4:  Withdrawal of Consent to Electronic Communications

If you wish to withdraw your consent to have Communications provided electronically, you must stop using our Services and deregister your Copper Account by emailing support@getcopper.com or submitting a written request to support@getcopper.com. Copper reserves the right to terminate your Copper Account if you withdraw consent to future electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after Copper has a reasonable period of time to process your withdrawal, which usually be about 15 business days, or such other time as is appropriate under the circumstances, as determined by Copper in its sole discretion.

Section 7.5: Reservation of Rights

Copper reserves the right, in its 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 notify you of any such termination or change as required by law.

Section 8: Telephone Communications; Consent to Automated Messages; Agreement to Update Contact Information

You agree to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any purpose, at any telephone number or physical or electronic address you provide or at which you may be reached. You represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number, including a mobile telephone number.

You agree to receive Short Message Service (SMS) communications (including text messages), calls, and messages (including pre-recorded, artificial voice, and autodialed or automatically texted) from us, our agents, representatives, affiliates, or anyone calling or texting on our behalf at the specific numbers you have provided to us, or numbers we can reasonably associate with you or an Authorized User (through skip trace, caller ID capture, or other means), with information or questions relating to you or our Services. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine or voicemail or send a message by text. Calls may be recorded.

You understand that such SMS communications may be placed using an automatic telephone dialing system or may include automated SMS messages. Your consent is required to allow Copper to contact you and to use our Services. As always, you agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you or an Authorized User. If you have any questions regarding those rates, please contact your wireless carrier.

You also agree to receive alerts about your activity, balances, payments, suspicious activities, and other matters involving your use of the Site, App or our Services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted, and may include your name and information pertaining to your Copper Account or use of the Site or App. We may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device. You acknowledge and agree that standard call, message, and data rates charged by your carrier apply to all communications by or with us.

If you change or deactivate your mobile number, e-mail address, mailing address, or any other contact information you have provided, you agree to promptly update your contact information.

To unsubscribe from text messages at any time, reply STOP to any text message you receive from us. If you unsubscribe, we may restrict or terminate your access to our Services. You consent that following such a request to unsubscribe, you may receive one final text message from us confirming your request and/or providing an alternative to access our Services.

Section 9: Mobile Services

We may offer our Services via a mobile device, including the ability to access certain features through the App (collectively, the “Mobile Services”). To the extent you access our Services or send or receive any communications with us through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using our Mobile Services, you agree that we may communicate with you by SMS, MMS, text message, or other electronic means to your mobile device and, as a result, that certain information about your usage of our Mobile Services may be communicated to us.

Section 10: Rights and Terms for App

Section 10.1: Rights in App Granted by Copper

Subject to your compliance with these Terms, Copper grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Copper reserves all rights in and to the App not expressly granted to you under these Terms.

Section 10.2: Accessing App from App Store

The App and other Software (defined in Section 16.1) may be made available through the Apple, Inc. (“Apple”) App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you use any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.

If the Software is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

Both you and Copper acknowledge that these Terms are between you and Copper only, and not with Apple, and that as between Copper and Apple, Copper, not Apple, is solely responsible for the Apple-Enabled Software and its content.

You may not use the Apple-Enabled Software in any manner that is in violation of, inconsistent, or otherwise in conflict with our Services and Content Usage Rules (“Usage Rules”) set forth for Apple-Enabled Software in the Apple Media Services Terms and Conditions.

Any license we may give you to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Copper’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

Both you and Copper acknowledge that Copper, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Copper and Apple, Copper, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Copper as follows:

Both you and Copper acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third party beneficiary.

Section 11: Electronic Fund Transfer Disclosure Statement

The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.

Section 11.1 Definitions

Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application.

Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.

Section 11.2  Your Liability

Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.

Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section (b) may be extended for a reasonable period.

Section 12: Prohibited Activities

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“Content”) that you upload, post, publish, or display (collectively “Upload”), email, or otherwise use via our Services.

Below are examples of the kind of Content and/or use that is illegal or prohibited. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including removing the offending Content from our Services, suspending or terminating Copper Accounts of such violators, and reporting such violators to law enforcement authorities. You agree to not use our Services to:

  • Email or otherwise Upload any Content that:
  • Infringes any intellectual property or other proprietary rights of any party;
  • You do not have a right to Upload under any law or under contractual or fiduciary relationships;
  • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Poses or creates a privacy or security risk to any person;
  • Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  • Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable; or
  • In our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose us or our users to any harm or liability of any type;
  • Interfere with or disrupt our Services, servers, or networks connected to our Services, or disobey any requirements, procedures, policies, or regulations of networks connected to our Services;
  • Violate any applicable laws, including local, state, national, or international laws, or any regulations or requirements having the force of law;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Solicit personal information from anyone under the age of 18;
  • Harvest or collect email addresses or other contact information of other users from our Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • Obtain, or otherwise attempt to access or obtain, any materials or information through any means not intentionally made available or provided for through our Services.

Section 13: Territorial Restrictions

Software available in connection with our Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from our Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using our Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all domestic and foreign laws regarding your use of our Services, including as it concerns online conduct and acceptable Content.

Section 14: No Commercial Use

All Services we offer are intended solely for your personal use. Unless otherwise expressly authorized in these Terms or in our Services, you agree not to use, display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes our Services or any part of our Services, including use of or access to our Services, or those of third parties.

Section 15: Illegal Transactions and Internet Gambling

You must not use our Services, including the Mobile Services, and your Copper Account, for any illegal purpose or internet gambling. You must not use your Copper Account to fund any account that is set up to facilitate internet gambling. We, Bank Partner or any service provider may deny transactions or authorizations from merchants that are apparently engaged in or are identified as engaged in the internet gambling business.

Section 16: Intellectual Property Rights

Section 16.1: Services Content, Software, and Trademarks

You acknowledge and agree that our Services may contain Content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on our Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (defined in Section 16.3) that you legally Upload to our Services. In connection with your use of our Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by us from accessing our Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of our Services or the Services Content other than as specifically authorized in these Terms is strictly prohibited. The technology and software underlying our Services or distributed in connection with our Services are the property of Copper, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in these Terms are reserved by us. The Copper name and logos are our trademarks and service marks (collectively, the “Copper Trademarks”). Other product and service names and logos used and displayed via our Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms, any Additional Terms or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Copper Trademarks displayed on our Services, without our prior written permission in each instance. All goodwill generated from the use of Copper Trademarks will inure to our exclusive benefit.

Section 16.2: Third Party Material

Under no circumstances will we be liable in any way for any Content or materials of any third parties (including users), including for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. You acknowledge that we do not pre-screen Content, but that we and our designees will have the right (but not the obligation) in our and their sole discretion to refuse or remove any Content that is available via our Services. Without limiting the foregoing, we and our designees will have the right to remove any Content that violates these Terms or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Section 16.3: User Content Transmitted Through Our Services

With respect to the Content or other materials you Upload through our Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including all copyrights and rights of publicity. By Uploading any User Content you grant us and our affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content solely in connection with the operation of our Services in any form, medium, or technology now known or later developed. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about our Services, submitted by you to us are non-confidential, and we will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You understand that the technical processing and transmission of our Services, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Section 17: Referral Program

Section 17.1: Referral Program

We may offer users the opportunity to participate in a program that rewards you for referring your friends and family members to Copper (“Referral Program”).

Section 17.2: Earning Rewards

From time to time, we may offer you an opportunity to receive a promotional monetary reward  (“Reward”) each time you refer a friend to Copper using a referral code issued to you by Copper when you create your Copper Account. In order to earn Rewards, you must provide your unique referral code to your friend, your friend must enter your unique referral code when he or she signs up for a Copper Account, and both you and the friend you referred must open separate Copper Accounts, open a designated Bank Partner account (“Bank Account”), and complete at least one transaction with your Bank Account. When this occurs, you and your friend are eligible for the applicable Reward.  You and your friend will receive the Reward on your Bank Account statements after your friend makes his or her first transaction, provided that you have also made at least one transaction with your Bank Account.  You may only earn one Reward for each new Bank Account that is opened using your referral code.  You may not earn Rewards for referring an individual who becomes an Authorized User of your Copper Account or another Copper Account, or for referring an individual who opens a Copper Account on which you are or become an Authorized User.

You and your referral are not eligible for Rewards if you or your referral’s Copper Account or Bank Account is or has been suspended, restricted, terminated or not in good standing, has a returned transaction outstanding, is or has had a negative balance, or is or has been in default; you or your referral are or have been in breach of these Terms or the terms or conditions of the Bank Partner; or you or your referral make or have made any false, incomplete or misleading statement or attempt or have attempted to defraud us or the Bank Partner.

Rewards have no cash value unless and until you receive a corresponding credit on your Bank Account statement.  Rewards cannot be transferred to any other person.  Rewards cannot be transferred by operation of law, such as by inheritance, bankruptcy or in connection with a divorce.  Rewards remain our property until you receive a corresponding Bank Account statement credit.  We reserve the right to decline to apply or reverse a credit to your Bank Account statement for Rewards earned at any time and for any reason, subject to applicable law.  Unless prohibited by applicable law, you forfeit any Rewards credited to your Bank Account statement if you do not use the credit within 1 year.

If we, in our sole discretion, determine that you have engaged in abuse, misuse, or fraud in connection with earning Rewards or that you attempt to do so, we may take any action, including: (a) take away any Rewards you have earned; (b) suspend your ability to earn Rewards or receive a statement credit for Rewards previously earned; (c) terminate your participation in the Rewards Program; and/or (d) cancel your Copper Account and/or Bank Account.

Section 17.3:  Amendments, Restrictions, Termination

Copper may add to, terminate, and/or change the Referral Program at any time with or without notice to you. For example, we could change the amount of Rewards you can earn for referrals, impose caps and/or fees on earning and/or using Rewards, place restrictions on or terminate your ability to earn or redeem Rewards, terminate your membership in the Referral Program, or terminate all or parts of the Referral Program. You acknowledge that in the event we make these changes, you may no longer be able to earn Rewards.

You may only have one Copper Account.  If you or we close your Copper Account for any reason, we may immediately require you to forfeit all Rewards.

Section 17.4: Fees, Taxes

There is no fee to participate in the Referral Program. It is your responsibility to find out if you are liable for any federal, state, or local taxes as a result of earning Rewards.

Section 18: Account Funds

If a Copper user sends money to you using the Copper platform, that money may be held in subaccounts or pooled accounts at our Bank Partner, until you move it to your bank account or otherwise spend it.

 

Section 19: Person to Person (P2P) Payments

Using the Copper App, you can send money to or request money from another Copper user for personal, non-commercial purposes, through your Copper Account (each a“P2P Transfer”).  All P2P Transfers are processed by our Bank Partner and are subject to these Terms as well as the terms of any other agreement you or the recipient of funds has with us and/or our Bank Partner.

Section 19.1: Authorizing a P2P Transfer

When you initiate a P2P Transfer, your payment instruction authorizes our Bank Partner to debit the deposit account associated with your Copper Account for the amount of the P2P Transfer and move the funds to your designated recipient. By authorizing a P2P Transfer, you also authorize our Bank Partner to initiate any other transactions necessary to correct errors or reverse payments that are rejected or returned. You may not use an external bank account or any other payment method to fund a P2P Transfer. You are solely responsible for ensuring you have sufficient available funds in your Copper Account necessary to complete any payments initiated through the Service. You agree to reimburse our Bank Partner for any fees, costs, or expenses it incurs as a result of insufficient or unavailable funds in connection with any P2P Transfer you initiate.

Section 19.2: Fees and Taxes

We do not currently charge fees for P2P Transfers but we reserve the right to do so in the future.   You are responsible for determining whether you owe any taxes as a result of your use of the P2P Transfer service and remitting such taxes to the appropriate authority.

Section 19.3: Transaction Limits

We may, at our discretion, impose limits on the amount and/or number of P2P Transfers you can send and receive. The limits on P2P Transfers are as follows: You may not send more than one thousand dollars ($1000) in any single transaction or in multiple transactions over a thirty (30) day period, and you may not receive more than one thousand dollars ($1000) in any thirty (30) day period.  We or our Bank Partner may reject or reverse any transaction that would cause the sender or recipient of the P2P Transfer to exceed these limits, or if we or our Bank Partner determine in our sole discretion that the P2P Transfer was invalid for any reason. You agree that we will incur no liability if we are unable to complete any P2P Transaction or if we reverse a P2P Transfer because of: (i) the sender’s insufficient available funds in their Copper Account; (ii) malfunction of the P2P Transfer Service due to circumstances beyond our control or due to circumstances that you were already aware of at the time you initiated your payment instruction; (iii) failure of the recipient to receive the P2P Transfer; or (v) the transaction would cause the sender or recipient to exceed applicable transaction limits, or violate applicable law, these Terms, or any other agreement the sender or recipient has with us and/or our Bank Partner. We reserve the right to change these transaction limitations at any time, in our sole discretion, with or without notice to you.

Section 19.4: Fraud, Monitoring

We and our Bank Partner review P2P Transfer activity at various times for, among other things, suspicious or illegal activity, and whether a P2P Transfer complies with applicable law, these Terms, or any other agreement the sender or recipient has with us and/or our Bank Partner. In connection with our review process, we may require you to provide additional information and/or documentation to verify your identity. Your Copper Account and/or access to funds sent to you may be limited until verification is completed. Reviews may result in, among other things, (i) delayed, blocked or cancelled P2P Transfers; (ii) money being held by our Bank Partner; (iii) money being applied to amounts you owe to us or our Bank Partner, or used to offset loss incurred by us or our Bank Partner; (iv) restriction, suspension, or termination of your Copper Account; (v) money being seized to comply with a court order, warrant, or other legal process; and/or (vi) money you previously received being debited from your Copper Account and sent to our Bank Partner or the sender. Among other reasons, we or our Bank Partner may take these actions if you knowingly or unknowingly were a participant in a P2P Transfer that was made from a Copper Account without the appropriate authorization.

P2P TRANSFERS SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOWN AND TRUST. DO NOT USE P2P TRANSFERS TO TRANSACT WITH PEOPLE YOU DON’T KNOW. IF YOU DO, AND WE LATER REVERSE THE P2P TRANSFER (WHICH MAY OCCUR IF IT IS DETERMINED THAT THIS AGREEMENT OR AN AGREEMENT GOVERNING A COPPER ACCOUNT WAS VIOLATED, OR IF THE P2P PAYMENT WAS NOT AUTHORIZED), YOU COULD LOSE THE MONEY SENT IN THE P2P TRANSFER.

If we, in our sole discretion, determine that you have engaged in abuse, misuse, or fraud in connection with using the P2P Transfer service, or that you attempt to do so, we may take any action, including: (i) reverse a deposit to your Copper Account that occurred as a result of a P2P Transfer; (ii) temporarily suspend your ability to use the P2P Transfer service; (iii) terminate your participation in the P2P Transfer Service; and/or (iv) cancel or restrict your Copper Account.

Section 19.5: Termination

Any pending transactions at the time of termination, closure, or suspension of your Copper Account, or use of the P2P Transfer service will be settled. Any funds that we are holding in custody for you at the time of termination, suspension, or closure of your Copper Account, less any applicable fees, (i) may be made available for you in our Bank Partner’s sole discretion and subject to the other conditions in these Terms and applicable law, and (ii) we may require you to link a new bank account that has not been associated with your Copper Account to cash out such funds. If an investigation is pending at the time of closure, we may hold your funds until resolution of the investigation.

Section 19.6: Refunds, Reversals and Chargebacks

P2P Transfers may be invalidated or reversed by us or our Bank Partner if, among other reasons, we send cash to you in error, the funding transaction is declined or reversed, the P2P Transfer was unauthorized or unfunded, or the P2P Transfer was made for activities or reasons that violate these Terms or any other agreement you have with us or our Bank Partner. If the P2P Transfer you send or receive is invalidated for any reason, you may be liable to us or our Bank Partner for the full amount of the P2P Transfer, and our Bank Partner may recover the amount of the P2P Transfer (plus applicable fees, if any) from you. Our Bank Partner may recover the amount of the P2P Transfer from the sender or recipient in our sole discretion (subject to applicable law). When recovering the amount of an invalidated P2P Transfer from you, our Bank Partner may apply any cash sent to you in a subsequent P2P Transfer, debit cash from your Copper Account, engage in collection efforts to recover such amounts from you, place a limitation or restriction on your Copper Account, or take any other action authorized by these Terms or any other agreement you have with us or our Bank Partner.

Section 19.7: Unauthorized P2P Transactions

To protect yourself from unauthorized P2P Transactions, you should regularly log into your Copper Account and review the activity on the account to ensure each transaction was authorized and accurately completed. If you believe your password or other access credentials have been stolen, compromised, or a transaction was made without your authorization, notify us IMMEDIATELY by writing to us at support@getcopper.com.  We are not responsible for resolving disputes between you and another Copper user with whom you engage in P2P Transfer transactions.

Section 19.8: Stop Payment

Our ability to stop a P2P Transfer once you have initiated it will depend on when you notify us of your desire to stop the transaction, and whether our Bank Partner has begun to process the P2P Transfer or has a reasonable opportunity to act on your request to stop the payment. All P2P Transfer requests may be processed as soon as we receive them, and we and our Bank Partner may be unable to stop the P2P Transfer.

Section 20: Fees and Limits

To the extent the Services or any portion thereof is made available for any fee, you will be required to select a form of payment and provide information to us regarding your form of payment. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address) that may occur. You agree to pay to us the amount that is specified in accordance with these Terms. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you. Our current fee schedule is posted here https://getcopper.zendesk.com/hc/en-us/sections/360008721034-Fees.  We reserve the right to change our prices.  If we do change prices, we will provide notice of the change on the Site or in email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the service after the price change becomes effective constitutes your agreement to pay the changed amount. You are responsible for all taxes associated with the services other than U.S. taxes based on our net income. We may, at our discretion, impose limits on the amount and/or the number of payments you can send and receive.

Section 21: Third Party Websites

Our Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources, and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using our Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.

Section 22: Indemnity and Release

You agree to release, indemnify, and hold us, our third party product providers, our and their affiliates, officers, employees, directors, and agents harmless from any and all losses, damages, judgments, settlements, fines, penalties, fees, costs and expenses, including reasonable attorneys’ fees, claims, actions of any kind, proceedings, and injury (including death) arising out of or relating to your use of our Services, any Content, your connection to our Services, your violation of these Terms, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Section 23: Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

Section 24: Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COPPER AND ANY THIRD PARTY PRODUCT PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (a) THE USE OR THE INABILITY TO USE OUR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (c) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (e) ANY OTHER MATTER RELATING TO OUR SERVICES. IN NO EVENT WILL COPPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COPPER IN THE LAST 3 MONTHS OR, IF GREATER, $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

Section 25: Termination

You agree that we, in our sole discretion, may suspend, restrict access to, or terminate your Copper Account or use of our Services, including but not limited to canceling or suspending certain transactions, and remove and discard any Content within our Services, for any reason, including for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of our Services may be referred to appropriate law enforcement authorities. You agree that any termination of your access to our Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Copper Account and all related information and files in your Copper Account and/or bar any further access to such files or our Services, subject to applicable law. Further, you agree that we will not be liable to you or any third party for any termination of your access to our Services.

Section 26: Interactions with Other Users

You agree that you are solely responsible for your interactions with any other user in connection with our Services, and we will have no liability or responsibility with respect your interactions. We reserve the right, but has no obligation, to become involved in any way with disputes between you and any other user of our Services.

Section 27: General

These Terms and any Additional Terms constitute the entire agreement between you and us and govern your use of our Services, superseding any prior agreements between you and us with respect to our Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party Content, or third-party software. These Terms will be governed by the laws of the State of Washington without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth below, you and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within King County, Washington. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or these Terms must be filed within 1 year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Section 28: Assignment; Waiver

These Terms are specific to the relationship between you and Copper. You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction. If, at some point, we fail to enforce any part of these Terms, that does not mean we waive our rights to enforce these Terms in the future. If we decide to make a special exception and waive your obligation to follow any part of these Terms, we will notify you in writing.

Section 29: Dispute Resolution by Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Section 29.1: Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration Section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Copper, whether arising out of or relating to these Terms (including any alleged breach), our Services, any advertising, any aspect of the relationship, or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Copper are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Section 29.2: Class Action Waiver

YOU AND COPPER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COPPER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS.

Section 29.3: Pre-Arbitration Dispute Resolution; Required Notice to Copper

Copper is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing customer support at support@getcopper.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Copper should be sent 3601 Fremont Ave N. 314 Seattle, WA 98103(“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you and Copper do not resolve the claim within 60 calendar days after the Notice is received, you or Copper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Copper or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are or Copper is entitled.

Section 29.4: Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Copper and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of each’s ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Copper agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Section 29.5: Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Copper will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Copper will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Copper will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Section 29.6: Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator will be strictly confidential for the benefit of all parties.

Section 29.7: Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 29.2) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 29.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

Section 29.8: Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, Copper agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of our Services, you may reject any such change by sending Copper written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Section 30: Contact Us

You may contact us by email at support@getcopper.com.

Bank services are provided through our banking software provider, SynapseFi. To report a complaint relating to the bank services, email help@synapsefi.com.