Terms & conditions
The OportunPath Service (the “Service”) provides you with information concerning the balance in your bank account (the “Account”) and your spending habits through the OportunPath dashboard and through text alerts (“Basic Coverage”). In addition, if you qualify, you can receive a deposit to the Account when we learn that your balance is equal to or less than $100 (“Top Up Coverage”). There are no fees charged for the Service and we do not accept tips. These terms and conditions (“Terms and Conditions”) govern the Service. We can change them going forward at any time by sending you revised Terms and Conditions. Your continued use of the Service, either by requesting a top up or by not opting out of receiving text message alerts, within 10 days of receiving new Terms and Conditions, demonstrates your agreement to the revised Terms and Conditions.
For Basic Coverage, you must:
- be at least 18 and, if it is higher, at least the age of majority in your state;
- reside in a U.S. state (except New York) or Washington, D.C.;
- provide a valid cell phone number (the “Text Message Number”) and email address (the “Email Address”), which you agree we may use to call, text, and email you about the Service and other offers we may make available from time to time, subject to applicable law; you promise that you are the primary subscriber for the phone associated with the Text Message Number;
- provide information about the Account you want to use for the Service, which must be a checking account and cannot be used by someone else for the Service;
- provide a debit card (the “Card”) linked to the Account;
- provide the last 4 digits of a valid Social Security number; and
- provide true and accurate information so we can verify your identity.
For Top Up Coverage, you must also meet income and eligibility requirements as we determine from time to time. Top Up Coverage is not guaranteed.
If you sign up and then no longer meet any of these requirements, we may end or suspend the Service or Top Up Coverage, as applicable. Additional requirements may apply.
Privacy Policies; Uses of Account Information
You agree to provide to our third-party provider, Plaid Technologies, Inc. (“Plaid”), your user ID and password for your Account, and agree to provide to Oportun, your Card information. Also, you must keep the Account user ID and password secure and notify us immediately in the event of loss, theft, or misuse.
Top Up Coverage
If you qualify for Top Up Coverage and information we receive from Plaid indicates that your Account balance has dropped to $100 or less, we will send you a text asking if you would like a top up, and/or, will specify on the OportunPath dashboard that you may request a top up , provided: (i) you do not have an outstanding top up; and (ii) your Account would not have a negative balance if we deposited a top up in the Top Up Amount described below at that point in time.
If you qualify and wish to receive a top up, you can reply to our text message with “topup” or, click on the “Request a Top Up” button on the dashboard. We will initiate a top up into your Account through a Card transfer and, unless you have opted out of receiving text messages, we will send you a text message confirming that the money is on its way. We will generally make the deposit and your bank will generally credit the deposit within minutes. However, in some cases, depending on your bank, it may take several days for the deposit to appear in your Account after you confirm a top up request. You can spend the money however you want! THE ACCOUNT MAY BE OVERDRAWN BEFORE WE LEARN THE BALANCE IS $100 OR LESS OR BEFORE A TOP UP IS CREDITED TO THE ACCOUNT. WE CANNOT PROMISE THAT ANY TOP UP WILL BE MADE SOON ENOUGH OR WILL BE LARGE ENOUGH TO AVOID AN OVERDRAFT OR NEGATIVE BALANCE IN YOUR ACCOUNT.
We strive to provide you with the most up-to-date information available regarding your Account balance. Because we rely on Account information from Plaid, there may be occasions where the balance that we text you or display on the website may not be the exact amount at that exact moment. If you wish to get a real-time update of your Account balance, as reported to us by Plaid, you can request it through the “Refresh Balance” button on the OportunPath dashboard, but this feature cannot be used more than once every 48 hours.
Top Up Amounts
The amount of your top up (the “Top Up Amount”) will depend on when you signed up for the Service.
Before September 11, 2019: If you signed up for the Service before September 9, 2019, and are eligible for top ups, your Top Up Amount is $100, with no ability to increase this amount.
On or after September 11, 2019: If you signed up for the Service on or after September 9, 2019, and are eligible for top ups, your first Top Up Amount will be $25. Then, each time you take a top up and we are able to recoup it in full within 14 days, you will receive a $10 increase in your Top Up Amount, except that the maximum top up under the Service is $100. That means you will receive $10 increases in the Top Up Amount until you reach $95 and a final $5 increase to reach your maximum Top Up Amount of $100.
Recouping Top Ups
We will recoup top ups through debits to the Card linked to your Account. After you receive a top up, we will use Account Information from Plaid to determine whether and when to recoup the top up. Whenever Plaid tells us the Account balance is equal to or greater than $150 plus the Top Up Amount you received (the “Recoupment Threshold”), we will automatically recoup the top up. If the Account balance does not reach the Recoupment Threshold within 14 days, we will recoup the top up in increments of $25 (or the outstanding top up balance, if less), no more than once every 7 days as long as Plaid tells us you have at least $100 in your Account. However, whenever the Account reaches the Recoupment Threshold, we may recoup the outstanding top up in full without having to wait 7 days. Once we successfully recoup the total outstanding top up, your Top Up Coverage will reset and be available to you once again. Funds we recoup will not be available in your Account once we initiate the payment.
If we cannot recoup any outstanding top up for 60 straight days, we may end the Service. We will not pursue repayment of a top up after the Service ends but you may repay it voluntarily by contacting us at OportunPath@oportun.com.
There are no fees to use the Service. We do not accept tips.
OportunPath is a text-based service. By signing up, you agree we may send you text messages to any phone number you provide. We will provide Basic Coverage through text messages for Account balance alerts, usually no more than once per day, depending on how frequently your bank provides updates to Plaid, and depending on your Account balance. If you are eligible, we will send you text messages about new or outstanding top ups from time to time. Standard mobile, message, or data rates may apply. You are responsible for any costs associated with sending or receiving text messages.
You can ask us to stop sending you texts at any time by responding “STOP” to any text we send. If you do, we will stop sending text messages unless/until you tell us you want to resume receiving text messages. You can resume receiving text messages at any time by responding “START” to 48108. If you opt out of receiving text messages, we may send you emails to help you log onto the OportunPath website and to tell you information about top ups, such as when we recoup a top up. If you opt out of receiving both text messages and emails, we will suspend Top Up Coverage and, unless you opt back in to receiving either text messages or emails, we will end the Service. If you wish to cancel your Service, please refer to “Ending the Service” below.
Electronic Communication Consent
You agree that we may provide you electronic information and disclosures concerning the Service through texts, emails, and/or the OportunPath dashboard. Information and disclosures we provide this way include these Terms and Conditions and any amendments, the Privacy Policies, notices about Account balances and transactions, information about top ups and all other notices and communications about the Service. To view or keep copies of these Terms and Conditions and other materials, you need: (1) a mobile device or computer that runs on a platform like Android or iOS with an internet connection with the following or higher versions: Safari 7+, Chrome 37+, Firefox 32+; (2) a valid Text Message Number or Email Address; and (3) a printer or storage device. Your agreement to these Terms and Conditions and use of the Service confirms that you can receive such electronic communications. You may obtain a paper version of any electronic communication we send you, without charge, by calling us at 855-416-9850. If you do not consent to electronic communications, you may not sign up for the Service. You may withdraw your consent by calling us at 855-416-9850. If you withdraw your consent, we will end the Service. You may update your Text Message Number and/or Email Address, by logging in to your OportunPath account.
Electronic Debit and Credit Authorization
You promise that you are the owner of the Account and the Card and that you have the legal right to authorize electronic credits and debits to and from the Account with the Card. You request us to initiate a Card transfer to the Account for each top up. You also authorize us to initiate periodic Card transfers from your Account to recoup top ups you receive, in amounts ranging from $1 up to $100, as described under the caption “Recouping Top Ups.” We will not provide advance notice when we debit your account to recoup a prior top up but will send you an email and/or a text message after each transfer we initiate, unless you have opted out of receiving text messages. We may initiate a Card transfer whenever necessary to correct any errors. If your bank rejects any transfer, we may end or suspend Top Up Coverage.
You may cancel this Electronic Debit and Credit Authorization at any time by notifying us at 855-416-9850. You must cancel at least 3 business days before a scheduled transfer to recoup an outstanding top up. If you cancel or revoke this Electronic Debit and Credit Authorization, we will end or suspend Top Up Coverage.
Spanish Documents; Accessing Terms and Conditions and Privacy Policies
The Spanish translation of materials provided by us is a courtesy only and the English version is the legally effective version. These Terms and Conditions and the Privacy Policies can be viewed or printed in English or Spanish from the OportunPath website at oportun.com/whatweoffer/oportunpath, or you can call Oportun at 855-416-9850 to request that a copy be mailed to you.
Ending the Service
We may end or suspend the Service at any time and for any reason by providing notice to you. Or, we may suspend or end Top Up Coverage at any time, with or without notice.
If you do not have an outstanding top up, you may end the Service at any time by selecting “Cancel the Service” button on the OportunPath dashboard. We are not required to provide any Top Up Coverage after you have notified us that you want to end the Service.
If you have any questions or concerns about the Service, you can contact us at OportunPath@oportun.com.
Limitations on Liability
We have no legal or contractual claim or remedy against you based on our failure to recoup any top up in full. We will not engage in any debt collection activities if a top up is not recouped as described above, will not place a top up amount as a debt with or sell it to a third party or will we report an unpaid top up to a consumer reporting agency.
We are not liable for any overdraft, insufficient funds fees, or other fees or charges, or for direct or indirect damages, for any (1) failure to provide Top Up Coverage, whether the failure is caused by us or by another party, (2) delay in providing Top Up Coverage or (3) any Card transfer from the Account in accordance with these Terms and Conditions. We are not liable to you or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages you may incur in connection with the Service.
Any dispute regarding the Services shall be governed by California law, subject to the arbitration provision below.
Arbitration Clause (“Clause”)
NOTICE: EITHER YOU OR OPORTUN MAY CHOOSE TO HAVE ANY CLAIM BETWEEN US RESOLVED BY BINDING ARBITRATION INSTEAD OF IN COURT. THE CLAIM WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION. DISCOVERY AND OTHER RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT. YOU WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION. YOU MAY “OPT OUT” OF THIS CLAUSE IN WRITING WITHIN 60 CALENDAR DAYS.
- Claims to be Arbitrated. All Claims between you and us, and against our agents, employees, officers, affiliated companies, and representatives, that arise from or relate to these Terms and Conditions or the Service must, if either of us choose, be resolved by individual arbitration and not in court. This Clause may also be enforced by any party named as a co-defendant with us in a Claim asserted by you. If a Claim is arbitrated, you and Oportun waive the right to a jury trial or court trial on that Claim. The term “Claim” means all past, present or future claims or disputes, such as a breach of the Terms and Conditions or violation of law, which could have been brought in court except for any claims for public injunctive relief. These include, for example, Claims about the Service, or the associated marketing or Terms and Conditions. “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims and federal, state, local and administrative claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, as described below, Small Claims are not subject to arbitration. “Claim” also does not include disputes about the validity, enforceability, coverage or scope of this Clause or any part thereof (including without limitation, the Class Action Waiver described in subsection (b), the first two sentences in subsection (i) under the caption “Survival, Primacy, Severability” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Terms and Conditions as a whole is for the arbitrator, not a court, to decide. Neither you nor Oportun waive the right to arbitrate by filing suit in court.
- CLASS ACTION WAIVER. ANY ARBITRATION MUST BE ON AN INDIVIDUAL BASIS ONLY. YOU GIVE UP ANY RIGHT YOU MAY HAVE TO PARTICIPATE IN A CLASS OR OTHER REPRESENTATIVE ACTION. THIS MEANS THAT IF YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (i) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR OTHERWISE; (ii) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; or (iii) JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST YOU WITH CLAIMS BY OR AGAINST ANY OTHER PERSON. THE ARBITRATOR WILL HAVE NO AUTHORITY TO CONDUCT ANY SUCH CLASS, PRIVATE ATTORNEY GENERAL OR MULTIPLE-PARTY PROCEEDING.
- Arbitration Organization. You may choose the American Arbitration Association (“AAA”) (website: www.adr.org), or any other arbitration organization with our approval. You may get a copy of the AAA’s rules by visiting its website or by calling toll-free (800) 778-7879. If the AAA cannot or will not serve and the parties are unable to agree on another arbitration organization, a court with jurisdiction will select the arbitration organization or arbitrator. The arbitration hearing may be in person or by teleconference, and it will take place in the United States. If in person, the hearing will take place in the federal district where you reside, or at another place that is more convenient to you if we agree.
- Starting or Demanding Arbitration. To choose arbitration, a party may file a motion to compel arbitration of a Claim asserted in a court lawsuit or commence an arbitration in accordance with the arbitration organization’s rules. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party asserting the Claim(s) to start the arbitration proceeding in accordance with the arbitration organization’s rules.
- Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit. For example, if we file a lawsuit against you in court, you have the right to request arbitration, but if you do not elect to request arbitration, we reserve and do not waive the right to request arbitration of any Claim (including any counterclaim) you later assert against us in that or any related or unrelated lawsuit.
- Fees and Expenses. We will pay for the arbitration organization’s filing fee, and we will pay the arbitrator’s fees and any expense that you would not have had to pay in a court action. If the arbitrator finds that any Claim you assert was frivolous, you may be required to reimburse us for some or all of these amounts. We will pay for our own attorneys, experts and witnesses and will pay the reasonable fees and charges of your attorneys, experts and witnesses if you win the arbitration. We will always pay fees and costs that are required by law or that are necessary to make this Clause enforceable.
- Language of Hearing. The arbitration proceedings will be conducted in English; however, you may have the arbitration hearing translated in Spanish or another language by a translator agreed to by you and us. If you and we cannot agree to a translator, the arbitrator will appoint one.
- Law and Proceedings. The Federal Arbitration Act, 9 United States Code §§ 1, et seq. (the “Act”) will govern this Clause. Contact the arbitration organization for instructions on how to file a case. The arbitrator must apply applicable substantive law consistent with the Act and applicable statutes of limitations and privilege rules that would apply in a court proceeding. The arbitrator will be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which will be governed by the constitutional standards applicable in a judicial proceeding), declaratory, injunctive and other equitable relief and attorneys’ fees and costs. The arbitrator’s award will be final and binding, except for the limited right to appeal in the Act. Any court with jurisdiction may enter judgment upon the arbitrator’s award.
- Small Claims. Despite subsection a. above, if the amount of a Claim is within the small claims court’s jurisdiction (a “Small Claim”), you or we may bring it in small claims court. You and we do not have to arbitrate a Small Claim that is filed in small claims court. However, if you or we transfer, remove or appeal the Small Claim to a different court, or bring any counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, the entire Claim (including the counterclaim or cross-claim) is subject to arbitration.
- Survival, Primacy, Severability. This Clause will continue to be in effect even after the Service terminates or if a party becomes bankrupt. In the event of a conflict between this Clause, on the one hand, and the arbitration organization’s rules or other Terms and Conditions, on the other hand, this Clause will govern. If the court finds that any part of this Clause cannot be enforced, the rest of this Clause will be enforced, except that: (A) If the court finds that the Class Action Waiver cannot be enforced, this entire Clause (except for this sentence) will be unenforceable with respect to the class action claims, subject to the right to appeal the court’s determination. In no event will a class action be arbitrated, and (B) If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Clause prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.
- Opt Out Procedure. If you do not want to resolve Claims through arbitration, you can opt out of this Clause. To do so, send us a letter, postmarked within 60 calendar days after you first sign up for the Service, addressed to Oportun Arbitration Opt Out, P.O. Box 4085, Menlo Park, CA 94026. Your letter must include your full name, and either email address or phone number used when you signed up for the Service and state that you want to opt out of this Clause. This is the only way you can opt out of this Arbitration Clause. Your opt out will not affect your obligations under any other terms of the Service, including the Terms and Conditions.
- Confidentiality; No Preclusive Effect. Any arbitration award shall be confidential, and any judgment confirming it will apply only to the specific case. No arbitration award or judgment can be used in any other case except to enforce the award.