Last Updated On: September 21, 2026
These Terms of Service (the “Terms”) are entered into between First National Bank of Lacon, a national bank association incorporated in Illinois, and having its registered office at 11 Broad St, Lacon, IL 61540, USA (“FNBL”, “Bank”, “our”, “we”, “us”), and any person who accesses or uses the Services (defined below) (“you” or “your”). “Ryze” is a brand name under which FNBL offers certain financial and non-financial products and services described in these Terms, including through the Platform (defined below). Ryze does not constitute a separate legal entity, and each reference to “Ryze” in these Terms shall be construed as a reference to FNBL operating under the Ryze brand.
These Terms govern your access to, and use of the services, products, features, and related services made available by FNBL under the Ryze brand through its mobile application, website, and any other interfaces (collectively, the “Platform” and, together with the services made available through it, the “Services”). The Platform provides you Services which enable eligible users to access and use certain financial and non-financial products and services offered by FNBL, including products that may be provided utilizing technology providers, processors, and other service providers engaged by FNBL (collectively, “Ryze Products”). Certain Ryze Products may be subject to additional terms and conditions, agreements, disclosures, consents, fee schedules, policies, or other product-specific documentation, including cardholder agreements, electronic fund transfer disclosures, credit-related disclosures, or other terms, as applicable (each, a “Product Term” and collectively, the “Product Terms”). The Product Terms are incorporated into these Terms by reference and apply to your use of the applicable Ryze Product.
By accessing or using the Platform or Services, you represent and warrant that you are eligible to enter into a binding contract under applicable law and agree to be bound by these Terms. You agree to be bound by: (i) FNBL’s Privacy Policy and Privacy Notice; (ii) FNBL’s Acceptable Use Policy (“AUP”); (iii) the applicable Product Terms; and (iv) agreements, disclosures, fee schedules, and other terms governing a Ryze Product made available through a Ryze Product, including, as applicable, the Vault Demand Deposit Account Agreement, Vault Debit Card Agreement, and Booster Cardholder (“Product Agreements”) (i) to (iv) collectively, the “Additional Terms”). The Additional Terms are incorporated into and form part of these Terms by reference.
The Services are intended solely for residents of the United States of America. You acknowledge and agree that FNBL may rely on the physical address and other information provided by you in connection with your application for, or use of, the Services. You further acknowledge that certain Ryze Products or features may not be available in all states, and you agree to promptly notify FNBL of any change to your physical address or other account information. These Terms constitute a legally binding agreement between you and FNBL. If you do not agree to these Terms, you may not access or use the Platform or Services.
Information displayed on the Platform regarding any Ryze Product, including descriptions, features, fees, limits, eligibility criteria, or availability, is provided for informational purposes and does not constitute an approval or binding offer by FNBL to provide such Ryze Product. Your application to use any Ryze Product constitutes a request by you to obtain such Ryze Product, which FNBL may approve, deny, or limit in accordance with applicable law, these Terms, and the applicable Product Terms. No regulated financial product or service shall be deemed issued, approved, or made available to you unless and until all applicable eligibility, underwriting, compliance, and regulatory requirements have been satisfied, and you have accepted the applicable Product Terms and Product Agreements in accordance with applicable law.
In the event of any conflict or inconsistency between these Terms and any applicable Product Terms, the Product Terms shall prevail solely with respect to the relevant Ryze Product to which they apply, and these Terms shall continue to govern all other aspects of your access to and use of the Platform and Services.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVERS UNDER THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION,” WHICH REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT THROUGH JURY TRIALS OR CLASS ACTION PROCEEDINGS.
II.1. When we refer to the “Services”, we mean the Platform and all services, features, functionality, tools, content, and related services owned, operated, licensed, or otherwise made available by FNBL under the Ryze brand through the Platform from time to time, including services that enable you to access, apply for, manage, or use any Ryze Products.
II.2. The Services may include access to, or facilitation of certain financial products and services offered by FNBL under the Ryze brand, including the following Ryze Products:
(a) “Booster Services”;
(b) “Vault Services”; and
(c) “Pulse Services”;
as well as any additional products, features, or services that FNBL may introduce from time to time under the Ryze brand.
(a) Please note that not all Ryze Products and Services are available at all times, and our products and services are constantly changing, so you might see features come and go as we continue to improve our experience and services for you.
(b) We make no representations or warranties regarding the Services or the Ryze Products beyond those required by applicable law. We do not warrant that:
(i) the Platform, Services, or any Ryze Product will always be available, uninterrupted, timely, secure, or error-free;
(ii) the Platform or Services will meet your requirements or expectations;
(iii) the information on the Platform or given through Services is complete, true, accurate or non-misleading (other than information that is required to be accurate, complete, or non-misleading under applicable law);
(iv) you will qualify for, be approved for, or continue to have access to any Ryze Product; and
(v) the Platform is secure or free of viruses, Trojans or other malware.
(c) We reserve the right, in our sole discretion, to modify, suspend or discontinue the Platform and Services (in whole or in part), including any underlying technology or service providers. You acknowledge that any such change (irrespective of the cause) may alter or affect the availability, performance, or user experience of the Platform, and agree that we shall have no liability to you for any such change.
III.1. By accessing or using our Services, you represent and warrant that (a) you have full legal capacity, right and authority to agree to and be bound by these Terms, (b) you are of the age of majority in the jurisdiction from which you are accessing our Services, (c) you are a resident of the United States of America, (d) you are not barred or otherwise legally prohibited from accessing or using the Services, and (e) you have neither been disqualified nor been previously suspended or removed by us or any of our affiliates from availing the Services.
III.2. Subject to your eligibility and compliance with these Terms, the Services enable you to create and maintain an account on the Platform (“Account”). Once your Account has been created and verified, you may use the Platform to access and use the Ryze Products made available to you, subject to these Terms, and the Additional Terms.
IV.1. In order to use the Services, you will be required to create an account on the Platform (“Account”) by providing your name, address, date of birth, and other information that will allow us to identify you. Creating an Account on the Platform does not by itself mean that any Ryze Product has been opened or approved for you. You will not be permitted to use any Ryze Product until you have received written confirmation through the Platform that your application and/or onboarding materials in connection with the applicable Ryze Product has been approved.
IV.2. You agree to provide and maintain true, accurate, and complete information about yourself as prompted on the Platform. You represent and warrant that all information you provide through the Platform is true, accurate, and complete. You agree to notify us promptly of any changes to your information through the Platform or by contacting customer support at support@ryze.com
IV.3. Identity Verification, USA Patriot Act Notice, and Sanctions Screening. To help the U.S. government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record information that identifies each person who opens an account. Accordingly, when you create an Account or apply for or use a Ryze Product, we may request additional information, data, or documentation necessary to verify your identity or satisfy applicable legal, regulatory, fraud-prevention, or risk-management requirements (collectively, “Additional Information”). You agree to provide such Additional Information promptly upon request. We may use third party service providers acting on our behalf to collect or verify Additional Information and to support identity verification, fraud prevention, and sanctions screening. Our verification procedures may include screening against sanctions lists administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), including the Specially Designated Nationals and Blocked Persons List (“SDN List”), and other applicable government lists. The Bank maintains and is responsible for its Customer Identification Program (“CIP”) and other applicable Bank Secrecy Act and anti-money laundering (“BSA/AML”) customer due diligence and sanctions compliance procedures. The Bank may perform such procedures directly or through third party service providers acting on its behalf and retains responsibility for account-opening and other approval decisions relating to the Ryze Products. Your application for, or access to or use of, any Service or Ryze Product may be delayed, restricted, suspended, or denied if we are unable to verify your identity, obtain required information, or complete applicable screening or compliance requirements.
IV.4. In the event you were onboarded through Ryze’s webpage, you will be asked to download the mobile application to access the Services. You may be required to complete additional mobile application onboarding and authentication procedures, including:
(a) verification of your mobile number through a one-time password (“OTP”);
(b) two-factor authentication procedures;
(c) establishment of a device PIN, passcode or biometric authentication. If you enable biometric authentication, such authentication is performed entirely by your device operating system. We do not collect, store, receive, or transmit your biometric identifiers or biometric templates. We receive only confirmation that authentication succeeded or failed, and may record the type of authentication method enabled (for example, Face ID or Fingerprint) for security and analytics purposes;
(d) enabling push notifications or other communication permissions; and
(e) completion of onboarding disclosures relating to the Services and applicable Ryze Product.
IV.5. You must keep your Account credentials confidential; you must not share them, and you are not allowed to permit anyone else to log into our Services as you. You are responsible for all activities that occur under your Account that are authorized by you, including activities conducted by any person you permit to use your Account or Account credentials, even if that person’s use exceeds the scope of the permission you gave them, subject to applicable law. Your liability for unauthorized transactions, meaning transactions initiated by someone other than you without your permission and from which you receive no benefit, is governed by applicable law and the applicable Product Terms, including the Vault Debit Card Agreement and Booster Cardholder Agreement and related disclosures, which contain important limitations on your liability for unauthorized transactions that you should review carefully. If you believe that your Account is no longer secure, notify us immediately by emailing us at support@ryze.money .
V.1. Subject to Additional Terms, we reserve the right, in our sole discretion and from time to time, to charge such fees for the Services or a specific Ryze Product as we may determine (“Fees”), as set forth in the Fee Schedule. The Fees described in this section are charged by FNBL in connection with your use of the Platform, the Services, or the Ryze Products. All Fees applicable to a specific Ryze Product, including the Vault Deposit Account, Vault Debit Card, or Booster Card, will be governed by the terms and disclosures applicable to that product, including Product Agreements. In the event of any conflict or inconsistency regarding a Fee applicable to a specific Ryze Product, the applicable Product Agreements will prevail.
V.2. We also reserve the right to modify the Fees at any time. Where required by applicable law, we will provide you with advance notice of any new or modified Fee before it takes effect. For Fees governed by the terms and disclosures applicable to a specific Ryze Product, the notice period and method set forth in those applicable terms and disclosures will control, and these Terms will not modify or supersede such notice requirements. Fees that apply solely to the Ryze Platform and are not governed by any product-specific terms or disclosures may take effect upon notice through the Platform, to the extent permitted by applicable law.
V.3. We may, from time to time, also run certain promotional offers, in connection with the Ryze Products. Any such promotional benefit shall be subject to separate eligibility criteria, additional terms, and such other restrictions as may be notified by us or the relevant third-party provider from time to time. Unless expressly stated otherwise, promotional benefits: (a) are non-transferable; (b) are not redeemable for cash; (c) may not be combined with other offers; and (d) may be modified, suspended, withdrawn, or discontinued by us at any time without liability, to the extent permitted under applicable law.
V.4. Except as expressly provided in these Terms, the applicable Product Terms, applicable Product Agreements, or as required by applicable law, Fees paid by you in connection with the Services or any Ryze Product are non-refundable. Nothing in these Terms limits any refund, reversal, chargeback, or error-resolution right that you may have under applicable law, the applicable Product Agreements, or the applicable Product Terms.
V.5. We will process payment for the Fees through our arrangements with third-party payment processors, whose own terms and conditions may apply to the processing of your payment. You may pay for Services by providing a valid credit or debit card or any other payment method accepted by us from time to time.
V.6. All Fees are exclusive of applicable taxes (including but not limited to any service tax, withholding tax or value added tax), and you shall be responsible for payment of all taxes in relation to the Services.
VI.1. In connection with your access to and use of the Platform, Services, and any of the Ryze Products, you agree to:
(a) comply with these Terms and Additional Terms, and applicable law;
(b) provide FNBL with true, accurate, current, and complete information (including your physical address) and promptly update such information if it changes;
(c) provide any information, records, documentation, consents, or other materials reasonably requested by FNBL or its service providers in connection with your access to or use of the Services or any of the Ryze Products;
(d) promptly notify FNBL of any unauthorized access to, use of, or activity relating to your Account or the Services; and
(e) promptly respond to requests, notices, or communications from FNBL relating to your Account, the Services, disputes, investigations, or security matters.
VI.2. You shall use the Platform only for its intended purposes in a bona fide manner. You shall not:
(a) use the Platform, Services, or any Ryze Product for any unlawful, fraudulent, deceptive, abusive, or unauthorized purpose;
(b) attempt to or gain unauthorized access to any portion or feature of the Platform, including any Accounts, or any other systems or networks connected to the Platform, or to any server, computer, network, or to any of the Services by hacking, password mining or any other illegitimate means;
(c) probe, scan, or test the vulnerability of the Platform or any network connected to the Platform or Services, or breach the security or authentication measures on the Platform or any network connected to the Platform;
(d) use the Platform to transmit any data or send or upload any material that contains viruses, trojan horses, worms, operating botnets, phishing, piracy, spyware, adware, malware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(e) insert any code or product or manipulate the content of the Platform in any way, or use any data mining, data scraping, data gathering or extraction method on the Platform;
(f) collect any user information through automated means, including but not limited to, bots, robots, spiders and scrapers, without our prior written permission;
(g) infringe, misappropriate, or otherwise violate any intellectual property or proprietary rights of FNBL or any third party;
(h) copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, perform, license, archive, create any derivative works from, or in any way exploit any part of any intellectual property or other information, content, or materials available on or through the Platform, except that nothing in this item limits your right to retain copies of your own account statements, transaction records, and disclosures provided to you through the Platform in connection with your Ryze Products;
(i) facilitate or encourage any violation of these Terms, and the Additional Terms, as amended from time to time;
(j) use any payment method, bank account, debit card, or other payment instrument that you are not authorized to use, or link any bank account in connection with the Ryze Product, where applicable, that is not held in your name or that you are not otherwise authorized to use for that purpose;
(k) provide false, incomplete, or misleading information in connection with the identity verification, Customer Identification Program, or Know-Your-Customer process at account opening or at any time thereafter, or create multiple Accounts, misrepresent your identity, or otherwise attempt to circumvent any eligibility requirements, account restrictions, usage limitations, controls, or fees applicable to the Services or any Ryze Product;
(l) use the Platform, Services, or any Ryze Product in connection with money laundering, terrorist financing, sanctions evasion, unlawful gambling, counterfeiting, phishing, fraud, or any other unlawful activity;
(m) make any statement(s) or comment(s) on the Platform which is/are inaccurate, false, unfair or defamatory to us or other users or which violates the legal right of others;
(n) sell, transfer, or assign your Account to any other person without our prior written consent;
(o) reverse engineer, decompile, or disassemble the Platform; or
(p) violate applicable laws in any manner in connection with your use of the Platform, Services, or any Ryze Product.
VII.1. FNBL reserves the right, but not the obligation, to monitor the Platform and Services electronically. To the extent permitted by applicable law, we may access, use, transfer, or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Policy) related to your Account, use of Services, transactions and other information, as reasonably necessary to:
(a) comply with any applicable law, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law;
(b) enforce these Terms, including to investigate potential violations;
(c) protect the safety, integrity, rights, or security of our members, customers, end users, our Services or equipment, or any third party; or
(d) detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or the services of our service providers.
VII.2. Our right to monitor the Platform and Services does not create an obligation to do so, unless otherwise required by applicable law, and we do not guarantee that we will detect, prevent, or take action with respect to any particular unlawful, unauthorized, or inappropriate activity. Except as otherwise required by applicable law, FNBL is not responsible for any illegal, fraudulent, or unauthorized activity that occurs through or in connection with the Platform or Services, whether or not such activity was detectable through monitoring. Nothing in this section limits any obligation we may have under applicable law, including our obligations under the Bank Secrecy Act, anti-money laundering regulations, and OFAC sanctions compliance requirements.
VIII.1. The Platform and Services may enable you to access, use, or otherwise interact with services, products, content, or functionality provided by third parties, including integrations made available through the Platform (“Third-Party Services”). Certain Ryze Products may also rely on or be facilitated by third-party service providers, including technology providers, data aggregators, or processors engaged by FNBL. Your use of certain Ryze Products may require you to link external financial accounts and authorize FNBL and its service providers to access and process information relating to such accounts. Additional terms applicable to such functionality are set out in the applicable Product Terms and Product Agreements.
VIII.2. Your access to and use of any Third-Party Services may be subject to separate terms, conditions, privacy policies, and other agreements imposed by the applicable provider of Third-Party Services. FNBL does not control and is not responsible for any Third-Party Services, including their availability, accuracy, or security, unless expressly stated otherwise in the applicable Product Terms. FNBL may, at any time and without liability to you, modify, suspend, discontinue, or remove any Third-Party Services or integrations available through the Platform, with or without notice.
VIII.3. You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the collection and/or disclosure of your information via such third-party links or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, services, or other materials on or available via such third-party links. Any transactions between you and a third party are solely between you and such third party unless expressly stated otherwise in the applicable Product Terms.
VIII.4. AI-Enabled Features. Certain features of the Platform or Services may use automated technologies, artificial intelligence, machine learning, algorithms, or similar tools (“AI-Enabled Features”) to provide insights, recommendations, support, fraud detection, risk assessment, account monitoring, or other functionality. AI-Enabled Features may rely on information provided by you, third-party data sources, linked account information, transaction history, credit information, and other available data. Any outputs, insights, recommendations, explanations, or summaries generated through AI-Enabled Features are provided for informational and convenience purposes only and may not be complete, accurate, current, or suitable for your specific circumstances. You should not rely solely on AI-Enabled Features to make financial, legal, credit, tax, or other important decisions. FNBL does not guarantee that any AI-Enabled Feature will produce any particular result, improve your financial standing, improve your credit score, identify all risks, prevent all fraud, or be free from errors, omissions, or inaccuracies. Where required by applicable law, decisions relating to eligibility, account access, credit reporting, adverse action, suspension, termination, or other material account actions will be made or reviewed in accordance with applicable legal and regulatory requirements. In particular, credit decisions, including initial credit approval, credit limit determinations, and any adverse actions, made using AI-Enabled Features are subject to the requirements of the Equal Credit Opportunity Act, Regulation B, and applicable fair lending laws. Adverse action notices relating to credit decisions will be provided as required by applicable law.
IX.1. WE PROVIDE OUR SERVICES, OUR CONTENT, AND ALL OTHER CONTENT AND MATERIALS AVAILABLE THROUGH OUR SERVICES AND ON OUR PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, AND USER CONTENT INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, OUR CONTENT, USER CONTENT, OR OTHERWISE AVAILABLE THROUGH OUR SERVICES AND/OR PLATFORM WILL CREATE ANY WARRANTY REGARDING OUR SERVICES AND/OR PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT, OR USER CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY OTHER USER OR THIRD PARTY, AND YOUR USE OF OUR CONTENT, USER CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT, USER CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT ANY WARRANTY, RIGHT, OR OBLIGATION THAT CANNOT BE EXCLUDED OR RESTRICTED UNDER APPLICABLE LAW OR ANY OBLIGATION WE HAVE UNDER APPLICABLE CONSUMER FINANCIAL PROTECTION LAWS, AS DISCLOSED IN THESE TERMS AND ADDITIONAL TERMS.
IX.2. Any information made available through the Platform or Services is provided for general informational purposes only and does not constitute legal, financial, credit, tax, investment, or other professional advice. No advice or information, whether oral or written, obtained from FNBL or through the Platform shall create any warranty not expressly stated in these Terms. Your use of the Platform, Services, and any Third-Party Services is at your sole discretion and risk.
X.1. All rights, title, and interest in and to the Platform and Services, including text, graphics, software, photographs and other images, videos, sounds, trademarks, and service marks, are owned by or otherwise licensed to FNBL. Subject to your compliance with these Terms and Additional Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to use the Services in accordance with these Terms and Additional Terms.
X.2. User Content. Nothing in these Terms grants FNBL any intellectual property rights in or license to your non-public personal information (as defined under applicable consumer protection laws and regulations), financial account data, transaction history, or other information that you provide in connection with your Ryze Products, which is governed by our Privacy Notice and Policy. Any other content, materials, data, and other intellectual property that you publish, host, transmit, or otherwise make available on or through the Services (collectively, “User Content”) remain your intellectual property. Except to the extent necessary to provide the Services, we do not acquire any rights, title, or interest in the User Content. You grant FNBL a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, process, and transmit such User Content solely to the extent necessary to provide, maintain, support, improve, and secure the Platform, Services, and Ryze Products, and to comply with applicable law.
X.3. All names, whether or not appearing with the trademark symbol, are trademarks that belong to us unless otherwise stated by us. The use or misuse of these trademarks or any other materials, except as permitted in these Terms, is expressly prohibited and may be in violation of copyright law, trademark law, and any other applicable law.
X.4. Except as stated in these Terms, nothing in these Terms shall be construed as conferring any right in or license to our or any third party’s intellectual property rights.
X.5. You may, from time to time, submit suggestions and other feedback, including bug reports, relating to the Services and/or the Platform either of your own accord or at our request (“Feedback”). In the event FNBL uses, copies, discloses, publishes, displays, distributes, and/or exploits the Feedback (“Work”), you agree and acknowledge that FNBL shall own all intellectual property in relation to such Work and can do so without any attribution to you. To the extent that FNBL is not considered the owner of Work(s) under any applicable law, you hereby assign all rights, title, and interest in Work to FNBL. Such assignment in favor of FNBL is on a worldwide, enterprise-wide, perpetual, unconditional, fully paid-up and royalty-free basis.
X.6. To the extent the assignment is not effective under applicable law, you hereby grant a worldwide, enterprise-wide, perpetual, irrevocable, fully paid-up, royalty-free, unconditional unlimited right and license to use the intellectual property rights in the Work to FNBL and further to modify, improve, interpret, compile, recompile and further license the intellectual property rights provided in the Work for any purpose of FNBL and without identifying you or seeking your consent. Notwithstanding anything under applicable law, you agree and acknowledge that the intellectual property rights in Works assigned and/or licensed to FNBL pursuant to this Section shall not revert to you or lapse merely by efflux of time or FNBL’s failure to exercise its rights.
XI.1. You represent and warrant that:
(a) you have the full legal right and authority to enter into, execute, and perform your obligations under these Terms, and Additional Terms;
(b) you are at least 18 years of age, are of the age of majority in the jurisdiction in which you reside, and meet all eligibility criteria applicable to the Ryze Products for which you are applying or enrolling, as described in the applicable Product Terms and Product Agreements;
(c) you are a resident of the United States, maintain a valid U.S. mailing address, and are not permanently located outside the United States;
(d) you are not a person or entity named on the U.S. Department of the Treasury’s OFAC SDN list or any other OFAC sanctions list, or otherwise subject to any U.S. economic or trade sanctions;
(e) you are not acting on behalf of, or for the benefit of, any person or entity that is subject to OFAC sanctions or any other applicable sanctions regime;
(f) you are not located in, organized in, or a resident of any country or territory that is subject to comprehensive U.S. sanctions;
(g) you are competent to enter into these Terms and entering into these Terms does not breach any applicable laws or any third-party agreements to which you are a party;
(h) you are applying for and will use the Ryze Products and Services solely for personal, family, or household purposes and not for any commercial, investment, or business purpose; and
(i) there are no legal, quasi-legal, administrative, arbitration, mediation, conciliation, or other proceedings, claims, actions, governmental investigations, orders, judgments, or decrees of any nature made, existing, or pending or threatened or anticipated against you, which may prejudicially affect your performance of or the enforceability of these Terms, and Additional Terms.
XII.1. To the extent permitted by applicable law, you agree to indemnify, defend, and hold FNBL, its affiliates, and their respective officers, directors, agents, employees, representatives and licensors (each, an “Indemnified Party”) harmless from and against any or all claims, demands, suits, judicial proceedings, losses, liabilities, damages and costs (including but not limited to any attorney’s fees, damages, liabilities and settlements) due to or arising out of:
(a) unauthorized, fraudulent, or wilful misuse of the Platform or any Service by you;
(b) violation of these Terms and/or Additional Terms by you;
(c) violation of any third-party rights by you;
(d) violation of applicable law in connection with your use of the Platform and Services;
(e) any transaction, instruction, or communication made using your Account credentials; and
(f) your gross negligence, wilful misconduct and fraud.
XII.2. FNBL will promptly notify you of any claim for which it seeks indemnification and will reasonably cooperate with you in the defence of such claim. You will not settle any claim that imposes obligations on any Indemnified Party without FNBL’s prior written consent. FNBL reserves the right, at its election and at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with FNBL in the defence of such matter and not to settle any such claim without FNBL’s prior written consent.
XIII.1. To the fullest extent permitted under applicable laws, in no event shall FNBL, its affiliates, officers, employees, directors, agents, contractors, partners, suppliers, or licensors be liable to you or any third party for any special, indirect, incidental, consequential, punitive, or exemplary (including without limitation lost business opportunities, loss of profits (including anticipated profits)) damages or any other pecuniary or non-pecuniary losses including but not limited to breach or loss of data, goodwill, or any other intangible loss, regardless of whether we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action or any other claim arising out of or relating to:
(a) your access to, use of, or inability to access or use the Platform and/or the Services;
(b) any act, omission, misrepresentation, misconduct, or unlawful conduct of any third party, including other users, advertisers, or service providers in relation to or through the Platform;
(c) any unauthorized access to, use of, or alteration of your transmissions or content on the Platform; or
(d) any errors, omissions, delays, interruptions, defects, or failures in any Service or content provided on or through the Platform, whether caused by a technical malfunction or otherwise.
XIII.2. Unless restricted under applicable law, the maximum aggregate liability of FNBL for any and all direct claims arising out of or in connection with these Terms shall be limited to $100 (United States Dollars One Hundred only).
XIII.3. Notwithstanding anything to the contrary in this Section, nothing herein shall limit, waive, or otherwise affect any right or remedy available to you under applicable federal consumer financial laws, including claims arising under the Electronic Fund Transfer Act (Regulation E) and/or Truth in Lending Act (Regulation Z), as disclosed in applicable Product Terms or Product Agreements.
XIV.1. This Agreement becomes effective on the date you first accept or otherwise agree to these Terms and continues in effect until terminated in accordance with this section. The Agreement remains in force for so long as you maintain an active Account or continue to use any portion of the Platform or Services. Closure or suspension of one Ryze Product or Service does not by itself terminate this Agreement, which shall remain in effect with respect to any other active Ryze Product, Service, or obligation unless and until all such relationships are closed or terminated.
XIV.2. You may terminate this Agreement and close your Account at any time by contacting us through the Platform or by following the account-closure process made available through the Platform. Account closure will not affect any transactions already initiated or pending, or obligations incurred prior to termination. You remain responsible for all outstanding Fees, charges, credit balances, repayment obligations, and other amounts owed under this Agreement or any applicable Product Agreements through the effective date of termination. If you maintain multiple Ryze Products or Services, you may elect to terminate one or more Ryze Products while keeping others active, in which case this Agreement will continue in effect for the remaining Ryze Products until all are closed.
XIV.3. We reserve the right to suspend and/or terminate your access or use of the Platform, Services, Account, or any Ryze Product, or any portion thereof, immediately and at any point, with or without notice (unless required by applicable law), at our sole discretion, if:
(a) you violate these Terms and/or the Additional Terms;
(b) you do not satisfy or maintain the eligibility criteria applicable to obtain access to the Services or any particular Ryze Product;
(c) you engage in fraudulent, unauthorized, suspicious, unlawful, or abusive activity with respect to your Account;
(d) you fail to pay the applicable Fees;
(e) you fail to maintain accurate or current information in connection with your Account;
(f) FNBL is required to do so by a regulatory authority, payment network, or applicable law;
(g) your use of the Platform or Services may expose FNBL or any third party to legal, regulatory, operational, or reputational risk;
(h) you do not use your Account for a period specified in the applicable Product Terms; or
(i) any underlying agreement between FNBL and its service providers that is material to the Ryze Products terminates or expires.
XIV.4. You agree that any termination or suspension of your access to the Services under any provision of these Terms may be effected without prior notice and acknowledge and agree that we may immediately deactivate or suspend your Account. You agree that we will not be liable to you or any third party for any termination or suspension of your access to or use of the Services.
XIV.5. Deletion or removal of the Platform or mobile application from your device will not result in the closure of your Account, termination of the Services, cancellation of any pending transactions, revocation of any authorizations previously provided by you, or deletion of information that FNBL or its service providers are required or permitted to retain under applicable law, regulatory requirements, fraud prevention, recordkeeping, dispute-resolution, or compliance obligations. You will remain responsible for all outstanding balances, fees, charges, repayment obligations, pending transactions, and other obligations incurred prior to or after deletion of the Platform, until your Account and the applicable Services are formally closed or terminated in accordance with these Terms and Additional Terms.
XV.1. Upon termination or suspension,
(a) your right to access and use the Platform, Services, and any applicable Ryze Products may immediately cease;
(b) FNBL may block, limit, or terminate access to any Ryze Product or related functionality, cancel or reverse pending transactions, and take such other actions as are necessary to comply with applicable law;
(c) any outstanding obligations owed by you, including any outstanding credit balance, repayment obligations, pending payments, fees, and charges, shall remain due and payable in accordance with the applicable Product Terms and Product Agreements, and termination does not relieve you of any obligation incurred prior to the effective date of termination; and
(d) FNBL may retain, delete, or continue to process information associated with your Account as required or permitted under applicable law, our Privacy Policy, and internal compliance, audit, fraud prevention, and record retention requirements.
XV.2. If any Ryze Product involves a bank account, stored balance, or funds held for your benefit, the closure, transfer, or return of such funds will be handled in accordance with the applicable Product Terms, Product Agreements and applicable law, including applicable state unclaimed property laws if funds remain unclaimed following account closure.
XV.3. Any provisions of these Terms that by their nature should survive suspension or termination shall survive, including provisions relating to intellectual property, disclaimers and warranties, limitation of liability, indemnification, dispute resolution and arbitration, governing law, privacy and data use, fees and payment obligations, and continuing obligations under the applicable Product Agreements.
XVI.1. By registering for or using the Platform or Services, you consent to receive disclosures, notices, statements, agreements, and other communications that FNBL or its service providers may be required or permitted to provide to you in writing electronically, in accordance with the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”) (collectively, the “Electronic Communications”). Electronic Communications may include, without limitation, this Agreement, amendments or updates to these Terms, account statements, fee disclosures, transaction receipts, regulatory disclosures, privacy notices, and any other information related to your Account or the Services.
XVI.2. You agree that we may provide or deliver Electronic Communications to you by any electronic means, including, for example, by posting it on our Platform, emailing it to any email address that you have provided us, push notification or messaging through the Platform, sending it as a text message to any mobile phone number that you have provided us, or by any other electronic method permitted by applicable law. We may also send notices to you by postal mail to any postal address that you have provided us. You acknowledge, however, that FNBL is not required to provide paper copies of any Electronic Communications, except where expressly required by applicable law.
All Electronic Communications delivered electronically shall be deemed received by you no later than the earlier of: (a) actual receipt; or 24 (twenty-four) hours after it is sent or posted. Communications delivered by postal mail shall be deemed received by you no later than the earlier of when received or 3 (three) business days after mailing.
XVI.3. To access and retain Electronic Communications, that we make available, you must have: (a) the most current version of Chrome, Safari, Firefox or Edge to access the Product through the FNBL website or any associated websites; or if accessing the Product through our mobile application, either Apple iOS 9.0 or higher or Android OS 4.0 or higher mobile operating systems; (b) an up-to-date device or devices (e.g. computer, tablet, smartphone, etc.) suitable for connecting to the Internet or for downloading our mobile applications or accessing our mobile websites; (c) local, electronic storage capacity to view and retain our Electronic Communications and/or a printer to print them; (d) access to an active e-mail account with an email service provider; (e) software that enables you to view files in the Portable Document Format (“PDF”). We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial change in these requirements, you will be notified as required by law
XVI.4. You are responsible for providing FNBL with a valid and current email address, mobile telephone number, and physical mailing address, and for promptly updating that information when it changes through the Platform or by contacting customer support. FNBL may rely on the most recent contact information in its records for purposes of providing notices or Electronic Communications. Any notice or communication sent to your registered contact information shall be deemed received by you in accordance with Section 16.2, unless applicable law requires actual receipt.
XVI.5. You consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way permitted by applicable law, including short message service (“SMS”) messages (including text messages), multimedia messaging service (“MMS”), other messaging services, calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialling systems or automatic texting systems. You may opt-out of non-essential marketing communications at any time by contacting us using the contact information in the applicable Product Terms or by following the opt-out instructions contained in any text message. Your opt-out from marketing communications will not affect your receipt of transactional, account-related, or legally required communications.
XVI.6. FNBL may provide you with alerts, notifications, and other communications relating to the Services and your Account, including transaction notifications, fraud alerts, account updates, and regulatory notices. Such communications may be delivered through the Platform, email, text message, push notification, or other communication channels permitted under applicable law and consistent with your communication preferences. You acknowledge that alerts and notifications may be delayed, unavailable, or inaccurate due to factors outside FNBL’s control, including delays by third-party service providers, telecommunications network interruptions, or device-level settings that affect delivery. FNBL does not guarantee the delivery, accuracy, or timeliness of any alert or notification, and you should not rely solely on alerts or notifications as your primary means of monitoring your Account activity. You remain responsible for reviewing your account statements and transaction history regularly regardless of whether you receive alerts.
XVI.7. You may request a paper copy of an Electronic Communication that we are required by applicable law to provide to you in writing and that has been provided to you electronically by contacting FNBL at suport@ryze.bank. Any applicable fee for a paper copy will be disclosed to you as required by applicable law. Requesting a paper copy will not, by itself, constitute withdrawal of your consent to receive Electronic Communications.
XVI.8. You may withdraw your consent to receive Electronic Communications at any time by contacting FNBL at suport@ryze.bank. Your withdrawal of consent will become effective within a reasonable period after FNBL receives your request. Withdrawal of consent will not affect the enforceability of any electronic records, communications, disclosures, agreements, or notices provided to you before your withdrawal becomes effective. If you withdraw your consent to receive Electronic Communications, FNBL may be unable to continue providing certain Services or Ryze Products to you electronically. Accordingly, withdrawal of consent may result in suspension, limitation, or termination of your access to the Platform and/or certain Services, subject to your rights and obligations that survive termination under this Agreement and the applicable Product Agreements.
XVI.9. This section constitutes our general agreement with you on Electronic Communications. The E-SIGN Consent provided to you at account opening, which covers electronic communications from FNBL in connection with your Ryze Products, is incorporated herein by reference and governs electronic delivery of communications for the Vault Deposit Account, the Booster Card, and any other Ryze Product for which an E-SIGN Consent is provided. In the event of any conflict between this section and the E-SIGN Consent, the E-SIGN Consent controls.
XVII.1. Governing Law. Except as otherwise provided in Section XIX (Dispute Resolution by Binding Arbitration), these Terms will be governed by the laws of the State of Illinois 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 FNBL agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Illinois.
XVII.2. Limitation Period. 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 the Platform, the Services, or these Terms must be filed within 1 (one) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, this contractual limitation period does not apply to, and does not shorten or otherwise affect, any claim arising under applicable consumer financial protection law that provides for a longer statutory limitation period. Nothing in this section limits any right you have under the applicable Product Terms or Product Agreements, which are governed by the limitation periods specified therein or required by applicable law.
XVII.3. Electronic Records. 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.
XVII.4. California Consumer Notice. Under California Civil Code Section 1789.3, users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. EXCEPT AS DESCRIBED BELOW, DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION RATHER THAN IN COURT. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED IN SECTION III.E BELOW. THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF YOU ARE A “COVERED BORROWER” UNDER THE MILITARY LENDING ACT AT THE TIME YOU BECOME PARTY TO THIS AGREEMENT.
XVIII.1. This Arbitration Agreement (this “Arbitration Agreement”) is part of, and incorporated into, the Agreement. Capitalized terms not defined in this Arbitration Agreement have the meanings given to them elsewhere in the Agreement.
XVIII.2. Agreement to Arbitrate . You and we agree that either party may elect to resolve any Dispute (as defined in Section III.B below) through binding, individual arbitration instead of in court, as set forth in this Arbitration Agreement. This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (the “FAA”), and evidences a transaction involving interstate commerce. If a Dispute is submitted to arbitration by either party, the other party is bound to arbitrate under the terms of this Arbitration Agreement.
XVIII.3. Key Definitions and Scope
a. “Dispute” means any claim, controversy, or dispute between you and us, or between you and any Indemnified Party, arising out of or relating in any way to: the Agreement (including its formation, validity, or breach); your Account; any application for, use of, or denial of the Account; any fees, interest, or charges assessed on the Account; any advertising, marketing, or disclosures relating to the Account; or any other aspect of the relationship between you and us or an Indemnified Party, whether the Dispute is based in contract, tort, statute, regulation, or any other legal theory, and regardless of whether the Dispute arose before, arises during, or arises after termination of the Agreement. “Dispute” is to be given the broadest reasonable meaning and includes claims that could otherwise be brought in a court of law.
b. “Indemnified Parties” means the Bank, together with their respective parents, subsidiaries, and affiliates, and each of their officers, directors, employees, and agents, as well as any third-party service providers, licensors, or assignees involved in providing or supporting the Account (including any network, processor, or collection agency acting on the Bank’s behalf).
This Arbitration Agreement applies to all Disputes except those specifically excluded in Section D (Small Claims Court) below. It applies regardless of whether a Dispute is brought by you, the Bank, or another Indemnified Party.
XVIII.4. Parties and Non-Signatories. If a Dispute involves an Indemnified Party who is not a signatory to the Agreement, that Indemnified Party may enforce this Arbitration Agreement to the same extent as the Bank. If a Dispute involves both an Indemnified Party and a non-party who is not covered by this Arbitration Agreement, the Dispute against the Indemnified Party will still proceed in arbitration, and the arbitrator, not a court, will decide any question about whether a particular party or claim is subject to arbitration under this Arbitration Agreement, except as prohibited by applicable law.
XVIII.5. Small Claims Court Exception. Notwithstanding the Agreement to Arbitrate above, either party may bring an individual Dispute in small claims court (or an equivalent court of limited jurisdiction) rather than in arbitration, provided the Dispute qualifies for that court, remains in that court, and proceeds only on an individual (non-class, non-representative) basis. If the Dispute is transferred, removed, or otherwise proceeds outside of small claims court, either party may elect to compel arbitration under this Arbitration Agreement.
XVIII.6. Your Right to Opt Out. You may opt out of this Arbitration Agreement, meaning it will not apply to you at all, by sending written notice within thirty (30) days of the date you first become bound by this Arbitration Agreement (i.e., the date you open your Booster Account or, for an amended Arbitration Agreement, the effective date of the amendment as described in Section III.O). Your notice must:
a. State that you wish to opt out of the Arbitration Agreement;
b. Include your full name, Booster Account number, mailing address, and signature (electronic signature is acceptable if submitted through the method described below); and
c. Be sent to 111 S. Broad St., Lacon, IL 61540 using the delivery method(s) we designate in the Agreement or in your account materials.
Opting out will not affect any other provision of the Agreement, your ability to obtain or use the Booster Account, or any other arbitration agreement you have separately entered into with the Bank or an Indemnified Party. If you do not timely and properly opt out, you will be bound by the terms of this Arbitration Agreement. Our business records showing whether and when a valid opt-out notice was received will be conclusive, absent manifest error.
XVIII.7. Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO LITIGATE A DISPUTE IN COURT, EXCEPT AS EXPRESSLY PERMITTED IN THIS ARBITRATION AGREEMENT (SUCH AS THE SMALL CLAIMS EXCEPTION IN SECTION D). Disputes will instead be decided by a neutral arbitrator, whose authority is described below.
XVIII.8. Class Action and Representative Action Waiver. YOU AND WE AGREE THAT ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS ARBITRATION AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not preside over any form of class, collective, or representative proceeding. 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 resolve that party's individual claim(s), except that, to the extent applicable law requires it for enforceability, you may pursue public injunctive relief in arbitration, and the arbitrator may award public injunctive relief to the extent required by such law. If a civil court of competent jurisdiction determines this class action waiver is unenforceable as to a particular Dispute brought as a class, collective, or representative action, then: (i) the portion of the case not subject to the waiver must proceed in court; (ii) any portion that remains subject to the waiver will proceed in arbitration; and (iii) the court proceeding will be stayed pending resolution of the arbitration. Nothing in this Section limits the parties’ ability to settle a Dispute on a class, collective, or representative basis if both parties agree.
XVIII.9. Informal Dispute Resolution Requirement. Before starting an arbitration, you and we agree to try in good faith to resolve any Dispute informally. The party asserting a Dispute must first send a written notice (a “Dispute Notice”) describing the Dispute and the specific relief sought. You should send your Dispute Notice to 111 S. Broad St., Lacon, IL 61540; we will send ours to your address of record. If the Dispute is not resolved within sixty (60) days after the Dispute Notice is received, either party may commence arbitration. Compliance with this Section is a condition precedent to filing an arbitration demand, and the arbitrator (or a court, in an action to compel arbitration) may consider a party’s compliance with this Section in allocating fees and costs under Sections III.K and III.L.
XVIII.10. Arbitration Procedures. Any arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at www.adr.org), as modified by this Arbitration Agreement. If there is a conflict between the AAA’s rules and this Arbitration Agreement, this Arbitration Agreement controls, unless the arbitrator determines that applying it would render the arbitration fundamentally unfair. The arbitrator will apply applicable substantive law, statutes of limitation, and privileges as a court would, and may award any relief that a court could award to an individual claimant under the Agreement and applicable law. The arbitrator, not a court, will resolve all threshold questions of arbitrability, including the scope, validity, and enforceability of this Arbitration Agreement, except for challenges to the Class Action and Representative Action Waiver in Section III.G, which must be decided by a court.
Unless the parties agree otherwise, for Disputes of $10,000 or less, you may choose whether the arbitration is conducted based on documents only, by telephone, or in person, consistent with the applicable AAA rules. For Disputes exceeding $10,000, the format of any hearing will be governed by those rules. Any in-person hearing will be held in a location reasonably convenient to you, taking into account your ability to travel and other relevant circumstances; if the parties cannot agree on a location, the administrator will decide. The arbitrator will issue a written decision stating the essential findings and conclusions on which the award is based.
XVIII.11. Costs of Arbitration. Payment of filing, administrative, and arbitrator fees will be governed by the applicable AAA rules, except as modified here. For Disputes involving $75,000 or less in value, we will pay all arbitration administration and arbitrator fees upon your request. For larger Disputes, if you show the arbitrator that you are unable to pay your share of those fees, or that the cost of arbitration would be prohibitive compared to the cost of litigation, we will pay as much of those fees as the arbitrator determines is necessary to avoid the arbitration being cost-prohibitive to you. We will not seek to recover our own attorneys' fees or costs from you in connection with the arbitration unless the arbitrator finds your Dispute or defense was frivolous or asserted for an improper purpose under the standard of Federal Rule of Civil Procedure 11(b).
XVIII.12. Attorneys’ Fees. Except as provided in Section III.J or as otherwise required by applicable law, each party will bear its own attorneys’ fees and costs in the arbitration. If either party must go to court to compel arbitration under this Arbitration Agreement, the prevailing party on that motion is entitled to recover its reasonable attorneys’ fees and costs incurred in connection with that motion.
XVIII.13. Confidentiality. The parties will maintain the confidentiality of the arbitration proceeding and the arbitrator’s award, except as necessary to prepare for or conduct the arbitration, to enforce or challenge the award, or as required by applicable law or regulatory obligation.
XVIII.14. Severability. If any part of this Arbitration Agreement other than the Class Action and Representative Action Waiver in Section III.G is found unenforceable, that part will be severed and the remainder of this Arbitration Agreement will remain in effect. If the Class Action and Representative Action Waiver in Section III.G is found unenforceable with respect to a particular Dispute (other than a claim for public injunctive relief), then this entire Arbitration Agreement will be void as to that Dispute, and that Dispute must be resolved in court; however, this Arbitration Agreement will remain in effect for all other Disputes.
XVIII.15. Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce, and its interpretation and enforcement are governed by the FAA. To the extent state law applies (including with respect to any matter the FAA does not address), the laws of the State of Illinois, without regard to conflict-of-law principles, will govern, consistent with the choice-of-law provision in the Agreement.
XVIII.16. Changes to This Arbitration Agreement. We may amend this Arbitration Agreement in the future as permitted under the Changes to this Agreement section (Section II.N) of the Agreement. If we do, and you do not want the amendment to apply to you, you may reject it by sending written notice to 111 S. Broad St., Lacon, IL 61540 within thirty (30) days after the amendment’s effective date. If you validly reject an amendment, the version of this Arbitration Agreement already in effect for you will continue to apply. Rejecting an amendment is not the same as opting out of arbitration altogether under Section III.E.
XVIII.17. Survival. This Arbitration Agreement survives the closure of your Booster Account and the termination of the Agreement, and continues to apply to Disputes arising before, during, or after such closure or termination.
XVIII.18. Mass Filing Procedures. If 25 or more similar arbitration demands are filed against, or on behalf of, the Bank, or another Indemnified Party by or with the coordination of the same law firm(s) or claimant organization(s) within a short period of time and arise from substantially the same facts and seek substantially similar relief (a “Mass Filing”), the following procedures apply in place of the ordinary AAA process:
a. The administrator will process the demands in batches of 25 (or 50 if more than 50 demands are filed), plus a final batch of any remainder;
b. One arbitrator will be appointed per batch, and each batch will be treated as a single consolidated arbitration for purposes of filing and administrative fees, procedural scheduling, and a single hearing and award; and
c. The administrator and arbitrators may adopt additional procedures reasonably designed to resolve the Mass Filing efficiently and fairly.
Filing a Dispute Notice under Section III.H will toll the applicable statute of limitations while this Mass Filing process is pending. If a court finds this batching process unenforceable as to a given Dispute after all appeals are exhausted, that Dispute may proceed as an individual arbitration, with fees allocated as the case proceeds rather than as set out above. This Section does not authorize class, collective, or representative arbitration of any kind.
XVIII.19. Military Lending Act Carve-Out. This Arbitration Agreement does not apply to you, and you are not bound by the waivers in this Arbitration Agreement (including the jury trial waiver in Section III.F), if you are a “covered borrower” under the Military Lending Act, 10 U.S.C. § 987, and its implementing regulation, 32 C.F.R. § 232.3, at the time you become party to the Agreement. Nothing in this Arbitration Agreement limits any right or protection afforded to a covered borrower under the Military Lending Act or any other applicable federal or state law that cannot be waived.
XIX.1. Entire Agreement. These Terms, together with Additional Terms, constitute the entire agreement between you and us with respect to your use of the Services, the Platform, and an applicable Ryze Product, and supersedes all prior or contemporaneous written or oral communications relating to such matters between us.
XIX.2. Survival. The provisions of these Terms that, by their nature, are intended to survive termination or expiration shall so survive, including without limitation those relating to intellectual property, liability, indemnification, payment obligations, disclaimers and warranties, governing law, dispute resolution and arbitration, privacy and data use, and any other provisions which, by their terms or intent, extend beyond the termination or expiration of these Terms.
XIX.3. Severability. If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the Section, in which case the entirety of the relevant provision will be deemed to be deleted).
XIX.4. Waiver. No failure or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Every right or remedy herein conferred upon or reserved by either party shall be cumulative and shall be in addition to every right and remedy existing under contract, law or equity, and the pursuit of any one right or remedy shall not be construed as an election.
XIX.5. Force Majeure. You agree that we shall not be liable for any breach of these Terms if such breach is caused by an event that is unforeseeable and beyond our reasonable control such as, depending on the circumstances, unavailability of any communication system, breach or virus in our system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, unauthorized access to computer data and storage devices, or computer crashes (“Force Majeure Event”). In such circumstances, we will be entitled to a reasonable extension of time to fulfill our obligations and shall take commercially reasonable methods to inform you of the Force Majeure Event and use all reasonable endeavors to mitigate the effects of the Force Majeure Event.
XIX.6. Notices. Any notice required or authorized to be given under these Terms shall be in writing and may be provided (a) to FNBL by sending an email to support@ryze.bank and (b) to you by sending an email to the email ID that you provided while creating the Account. A notice shall be effective from the day it was received, and if not received during a business day, then from the recipient’s next business day.
XIX.7. Modifications. We reserve the right to modify these Terms and Additional Terms at any time. Except where a different notice period is required by applicable law, or the applicable Product Terms, such modifications will become effective when posted on the Platform or otherwise notified to you. We may also communicate such modifications to you if required by applicable law through one or more of the following methods: (a) a notification sent to the email address associated with your Account; (b) a notice displayed within the Platform; or (c) such other means as FNBL may determine from time to time. In the event you do not agree with any of the changes, please do not continue to access and/or use our Services and our Platform.
XIX.8. Regulatory Changes. You acknowledge and agree that we may have to modify the Services or the Platform to comply with applicable laws. As a result of this, you may be unable to access or use all or any part of the Services or the Platform. We shall not be liable to you for such inability to use the Services or the Platform pursuant to our compliance with applicable laws.
XX.1. If you would like to exercise any of your rights or if you have any grievances or queries, you may contact us at support@ryze.bank or by selecting the option “Contact Us” on the Platform.
XX.2. We may also provide live chat, or other contact methods through the Services through which you can communicate with us. Please note that email or electronic communications may not be secure; do not include sensitive information such as Social Security numbers or full financial account numbers in any correspondence.
| S.NO | DETAILS | FEES |
|---|---|---|
| 1 | Ryze App | Nil |
| 2 | Booster | Please refer to the Booster Services Terms. |
| 3 | Pulse | Please refer to the Pulse Services Terms. |
| 4 | Vault | Please refer to the Vault Services Terms. |