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Terms and conditions—Set & SaveTM (Formerly Oportun Savings)

Last updated: September 4, 2024

THESE TERMS ALSO INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION AND JURY WAIVER. PLEASE READ SECTION 22 OF THESE TERMS FOR MORE INFORMATION.

1. Acceptance of Agreement

Please carefully review this Agreement for Oportun’s Set & Save service. These terms constitute a legal agreement between you and Oportun, Inc. and govern the use of the Service and the relationship between you and Oportun, Inc. and other subsidiaries and affiliates (“Oportun”, “us”, “we”, etc.).  These Set & Save Terms describe the conditions that apply to your use of the Oportun website, Mobile Application (the “App”) and/or any other technology relating to the Set & Save services (collectively, the “Set & Save Services”) to access and transfer funds to and from your Set & Save account (“Set & Save Account”) and any outside financial institution account that you link to your Set & Save Account (each, a “Linked Bank Account”) for the purpose of funding your Set & Save Account. These Set & Save Terms are binding whenever you first use the Set & Save Services. You can only have one Set & Save Account and can only use our Services for personal (and non-commercial) purposes.

If you do not agree to all of the provisions of this Agreement, you may not use the Set & Save service.

2. Eligibility

To use this service, you must be 18 or older and a resident of the United States. By signing up, you agree that you: (i) are at least 18 years old; (ii) haven’t been suspended or removed from using any of our services; (iii) are a resident of the United States; (iv) aren’t violating any laws by registering and using the Services, (v) will keep in your Set & Save Account profile a valid phone number and email address that you’re authorized to use; and (vi) you have a Linked Bank Account with a U.S. financial institution.

3. Linked Bank Account

When you sign up for the Set & Save Account, for us to be able to provide the Savings Services to you, you will need to link a checking account that you hold at another financial institution to your Set & Save Account and authorize one time and recurring ACH transfers (auto saves). When the connection has been established, we will analyze your transactions and spending habits and move funds to your Set & Save account via ACH. See the section below for more details on money transfers. By linking your external account, you give us access to your financial records at that institution (e.g., identity information and transactions). Our access to the Linked Bank Account and use of that data is governed by the Linked Bank Account Access Authorization (“Access Authorization”) that is automatically incorporated here. If there is conflict between these Savings Terms and the Access Authorization, the Access Authorization controls.

4. Modification

Oportun reserves the right to modify this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the site periodically for changes. All changes shall be effective upon posting. We will date the Agreement with the last date of revision.

Your continued use of the Site or the Services after any such change to this Agreement signifies your agreement to be bound by such changes. Oportun may terminate, suspend, or change this Agreement without notice or liability.

Disputes about these Terms and Conditions will be resolved according to the version in effect at the time the dispute arose.

5. Account registration and user information updates

When you sign up for the Set & Save Service, you agree to provide truthful, accurate, current and complete information, such as your name, email address, and mobile phone number (“Account Information”). You further represent that you are the legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate you use of the Set & Save Service.

You agree to update Oportun in the event that the Account Information provided by you changes, and Oportun will not be held liable for any errors or fees that occur as a result of outdated Account Information.

Should any of your Account Information change, you agree that you will update this information as soon as possible. You can update your phone number and/or email address in the App by navigating to Profile & settings >> Contact information. You may also contact [email protected] for any other changes.

Should you believe or have reason to believe that any of your Account Information, including your email, phone number, or password/PIN, has been compromised, or that another person is accessing your Oportun Set & Save Account through some other means, you agree to notify us as soon as possible at [email protected].

6. Privacy policy

Your privacy is important to Oportun. The company highly values and respects the privacy of the personal information we obtain from you when you use our Services. For details on how we handle and protect data, Oportun maintains a privacy policy. We reserve the right to update the privacy policy at our discretion, and that any changes made to our privacy policy are effective upon posting.

7. Third-party account information

To use the Services, you must also direct Oportun to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions. (“Third-Party Account Information”).

Oportun works with one or more third-party service providers, to access this Third-Party Account Information. By using the Services, you license and authorize Oportun to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping your passwords and usernames for this third-party account information secure, and for keeping those passwords and usernames up to date in the Services.

You acknowledge that any third-party account information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.

We may disclose information to third parties about your Set & Save Account or the transactions you make:

  • if it is necessary for completing transactions;
  • to verify the existence and condition of your Account for a third party;
  • to comply with government agency or court orders, or other legal reporting requirements;
  • if you give us your written permission;
  • to our employees, auditors, affiliates, service providers, or attorneys as needed; and
  • as otherwise may be necessary to fulfill our obligations under these Set & Save Terms.

The Set & Save Services may contain links or connections to third-party websites or services not owned by Oportun or our affiliates. We don’t control nor endorse those sites and aren’t responsible for their content. Your access and use of third-party websites and services are subject to those applicable third-party terms and conditions and privacy policies.

8. Subscription fee agreement

The Oportun Set & Save Service is a subscription service. The subscription fee is five dollars ($5.00) per month.

Canceling Oportun subscription. You can cancel your Oportun subscription at any time through the App or by contacting our customer service at [email protected].

Subscription fee and billing. We’ll withdraw the subscription fee monthly directly from your Linked Bank Account. When you activate your Set & Save Account, we’ll set a monthly due date and your fee will be due on the same date each month (though we may adjust it based on your Linked Bank Account activity and balances to make sure that you have enough money to pay it).

Special pricing. You may be able to upgrade to annual membership in the App, if we offer this option. If you do, we’ll withdraw your subscription fee annually on the due date.

Subscription fee changes. We may change the subscription fee and billing practices at any time. We’ll let you know of these changes in advance and as required by law.

Linked Bank Account access authorization. This Linked Bank Account access authorization (“Access Authorization”) is part of Oportun’s Terms of

Use—Set & Save (“Set & Save Terms”). This is a legal agreement between you and Oportun, Inc. and other subsidiaries and affiliates, which we’ll refer to as “Oportun”, “us”, “we”, etc.

Access to your Linked Bank Account. Oportun uses information from the financial institution(s) that hold your Linked Bank Account(s) and other third-party websites and databases (collectively “Third Parties” or “Third Party”) to provide the Set & Save Services (e.g., to see your transaction history). Sometimes we use a third-party service provider to access, collect or analyze information for us. When we use “Oportun” in this Access Authorization, we’re including service affiliates and providers acting on our behalf.

Your authorization. You authorize us to get information about you and your Linked Bank Account from the financial institution holding your Linked Bank Account and additional personal and financial information about you that we may need to provide Set & Save Services to you from any other Third Party. This authorization doesn’t expire, but you can let us know if you want to revoke it.  

Power of attorney. You grant us a limited power of attorney, and you appoint Oportun as your attorney-in-fact and agent, SOLELY to access Third Party services to request and retrieve information and use it to provide Set & Save Services to you. WHEN OPORTUN ACCESSES AND RETRIEVES INFORMATION FROM ANY THIRD PARTY, OPORTUN IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.

Reliance. Third Parties can rely on this Access Authorization when providing information to Oportun. 

Information. Oportun will not review information from any of the Third Parties for accuracy, legality, or non-infringement. As between Oportun and our third-party service providers, Oportun owns your confidential information.

9. Set & Save Account

Overview. The Oportun Set & Save Service allows you to set goals in the Oportun App which you would like to set aside a certain amount of savings in order to achieve that goal. You will link your bank account which will allow Oportun to review your pattern of deposits and withdrawals to determine your funds available to move into your Set & Save account.

How the Set & Save Account works

Goals. You can set up an unlimited number of savings goals in your Set & Save Account. We’ll use your goal amounts and due dates to allocate the savings and help you reach your goals on time. But we don’t guarantee that you’ll have enough money for each of your goals or that you’ll be able to meet the dates that you set.

Rainy day fund. When you activate your Set & Save Account, we will create a rainy day fund for you and we will set money aside towards this fund to help you save up some money that you can use for unforeseen expenses or emergencies. You may be able to deactivate or delete the rainy day fund, and you can use available user controls to limit how much we’re setting aside into this fund.

Repeating goals. Repeating goals is a Set & Save service that allows you to save towards recurring expenses (i.e. phone bill, child care, vacations, etc.).  To set up repeating goals you select a target amount and frequency.  You should carefully select deadline dates as the funds may take 3 to 5 business days to complete from the date you selected.  Oportun will automatically initiate ACH transfers of the funds on the dates you select.

FBO account. The funds for your goals are held in the Set & Save Account which is a FBO account. This means that the account is titled in our name, but we hold it as a custodian for the benefit of our members. All the money that is set aside for Set & Save for our members is pooled into this account at our partner banks. You own your share of the money in this account, and you can see your balance in the App. Sometimes, in these Savings Terms or other materials we’ll refer to the Set & Save Account as “yours”, but you understand that a separate account in your name won’t be opened and that the money we save for you will be held in one of these FBO accounts.

FDIC insurance. Oportun is not a bank and has no direct FDIC insurance coverage for your deposits. However, Oportun holds your deposits in a FDIC insured account at Wells Fargo Bank and other FDIC insured financial depository institutions. Your cash savings through Oportun are FDIC-insured up to $250,000. FDIC insurance is only available upon the failure of Wells Fargo Bank or other depository

User features and controls. We’ve built several settings (“user controls”) for the Set & Save Account that allow you to customize how the Set & Save Services work for you. For example, you can pause savings for a specific goal, set a safe saving level for your Linked Bank Account, boost (i.e., prioritize) a certain savings goal. We may add additional user controls or discontinue or change some of the existing controls. We’ll generally let you know in advance if these changes would affect your use of the Set & Save Services, but it is your responsibility to monitor these controls and to make sure that they’re working correctly for your specific situation.

Feature limitations. Some features and functionality of the Set & Save Services and the Set & Save Account may only be available through the App.

Not an expense management or financial advisory service. Oportun is not a financial advisor, and the Set & Save Services are not intended to provide financial advice. We use sophisticated algorithms to make decisions for you, but the algorithm can’t anticipate everything. We can’t promise that the Set & Save Services will accurately predict the timing of all of your financial transactions. For example, we might study a year of your transactions and predict that you can save $60 this month, or that your electricity bill will be around $88, but you might spend $300 on car maintenance, or incur other out of the ordinary or unexpected expenses that we can’t predict or know the exact timing of those transactions.

We’ve developed features that can help account for many financial situations, but you should customize the Set & Save Services to suit your needs and check in regularly to make sure they’re being met. We’re here to help and make life easier, but ultimately you, not us, are responsible for ensuring that your Linked Bank Account has sufficient funds to cover your expenses.

We are not responsible for ensuring your Linked Bank Account has sufficient funds for your needs, purposes, or transactions. We don’t make any representations, warranties, or guarantees of any kind that the Set & Save Services are appropriate for you. Before using the Set & Save Services, you should consider getting additional information and advice from a financial advisor.

10. Getting money into and out of your Set & Save Account

Adding Money to Set & Save Account. The only way to add money to the Set & Save Account (and each savings goal) is to transfer it from your Linked Bank Account via ACH. You can do this in one of two ways:

Enable auto saves. Auto saves allow us to move money from your Linked Bank Account which could be several times each day. When the money is in your Set & Save Account, we’ll allocate it for you among your Savings Goals. The amount of each Auto Save will likely be different and we won’t send you advance notifications about every transfer – helping you seamlessly save is what we’re here to do – but you can see Auto Save activity in the App and your account statements.

You can stop Auto Saves by pausing savings for your goals in the App. You can also terminate the connection to your Linked Bank Account in the App or disconnect it via our third-party provider, Plaid. If you do so, then we’ll be unable to initiate additional Auto Saves for you and you’ll need to reconnect a bank account to be able to resume saving. Auto Saves will be automatically terminated if you close your Set & Save Account. If any Auto Saves have already been initiated before you select to stop Auto Saves, disconnect your Linked Bank Account or close your Set & Save Account, those transactions will still post to your Linked Bank Account. You can always withdraw the funds from your Set & Save Account back to your Linked Bank Account after it posts.

Use manual saves. You can also add money to any of your Goals from your Linked Bank Account at any time with a Manual Save. You can select the amount you want to transfer, and we’ll initiate the Manual Save for you. After you’ve initiated a Manual Save, you won’t be able to cancel it, but you’ll be able to move the money back to your Linked Bank Account once it arrives and posts in your Set & Save Account. 

Withdrawing money from your Set & Save Account. When you withdraw money from your Set & Save Account, it will be transferred back to your Linked Bank Account. You can do this at any time through the “withdraw” feature in the App or you can set up auto-withdrawals from goals. We will send the requested withdrawal amount to your Linked Bank Account via ACH which may take 3-5 business days for the funds to be available in your Linked Bank Account. In some cases, you may have an option to request an instant withdrawal. There may be a fee for this option to be disclosed at the time of transfer. We may also transfer money to your Linked Bank Account to correct an error, refund or reimburse a fee or increase the available balance in your Linked Bank Account based on your User Controls.

ACH processing. Transfers via ACH may take up to 5 business days to process, in some cases, and for the money to be available in your Set & Save Account or your Linked Bank Account. NACHA rules apply to all ACH transfers. While the money is on its way to your Set & Save Account, the funds will be in a “pending” state which means that you won’t be able to withdraw that money until we get it from your bank and it posts to your Set & Save Account. During this transfer period, the goal balance that you’ll see in the App may include both pending and posted saves, but we’ll mark the money that’s not yet available for withdrawal as “pending”.

Negative balances. Because your money is transferred via ACH, it may take up to 5 business days for a transfer to post in your Set & Save Account after we initiate it. This also means that it isn’t immediately withdrawn from your Linked Bank Account. Because of this delay and any transactions that you have in the meantime, there may not be enough available balance in your Linked Bank Account when the withdrawal posts. You can end up with a negative balance in your Linked Bank Account as a result. Some financial institutions assess fees if this happens (e.g., overdraft or insufficient funds fees). You should check your financial institution’s fee schedule and use available User Controls, like the Safe Saving Level control, to help avoid this. If your Set & Save balance becomes negative and remains so for over 5 days, you authorize Oportun to debit the negative amount from your Linked Bank Account to bring your Set & Save account balance to zero. Additionally, if funds are not available in your Linked Bank Account you grant us a right of setoff which means we may withdraw an amount equivalent to the negative balance from any of your Set & Save goal account balances that have a positive balance.

Limits. There are some limits on the type, amount and frequency of transfers that you can make to and from your Set & Save Account. You may not use the funds while they’re in your Set & Save Account to make purchases, withdraw cash, transfer funds to third parties, or access them in any other way than by transferring the money back to your Linked Bank Account via ACH.

Transfers from Linked Bank Account to Set & Save Account:

Auto Save Limit: $2,000/week

Manual Save Limit: $2,000/week

Transfers from Set & Save Account to Linked Bank Account (withdrawals):

Instant withdrawal: $5,000/transfer

Other withdrawal types: No limit

11. Rewards and savings bonus

Oportun may earn compensation in the form of commission or interest on members’ funds deposited with its partner banks. You may get rewards (e.g., contests, prizes, referral bonuses, etc.) for being an Oportun member or participating in a promotion, but you will not earn or be paid interest, dividends, or earnings on the funds deposited in your Set & Save Account.

12. Closing your Set & Save Account

We may close your Set & Save Account at your request or our discretion (some possible reasons are below). When your account is closed, you will no longer be able to use Set & Save Services and will not be charged the subscription fee. However, you may still be able to log into the App and your online account with your Oportun login credentials to access our other services and products.

We generally deposit the funds (minus any pending debits or funds restricted by a court or federal or state agency order) to your Linked Bank Account. If you don’t have one, or we can’t complete the transfer, we’ll mail a check to you to the address on record or issue an electronic check. In some cases, we may wait for pending transactions to complete prior to closing.

Closing the Set & Save Account will not affect any of our rights or your obligations that arose under these Set & Save Terms or any other agreement between us before the Set & Save Account was closed.

You can close your Set & Save Account in the App (not available if you also have an active Oportun loan) or contact us at [email protected].

13. Termination

We, at our sole discretion, reserve the right to terminate this Agreement, terminate or suspend access to the Service, or terminate or suspend your Set & Save User Account at any time for any reason including but not limited to the use cases detailed below. We will make reasonable efforts to notify you of any such suspension or termination unless we terminate your access in accordance with Section 14 below.

Persistent overdrawn balances. If we determine that your linked bank account is persistently overdrawn over a period of three months and Oportun cannot withdraw the necessary funds to fulfill the goals of your Set & Save account, then Oportun may terminate your account at their sole discretion.

Negative Set & Save Account balances. We may close your Set & Save Account if you have a negative balance.

Failure to pay subscription fee. If we are unable to collect our subscription fee, we may close your account.

Inactive accounts.  If, for two years, you don’t perform any transactions, don’t log into the App, and we haven’t heard from you, we may close your Set & Save Account for inactivity. Automated transactions that we performed more than two years ago won’t count as transactions that keep your Set & Save Account “active.” But we’ll know that you’re an active member if you sometimes log into your account or contact our Customer Service. We’ll try to reach out to you before closing your Set & Save Account for inactivity, but it’s your responsibility to make sure that we always have your current email address and phone number on file. We’ll move the money from your Set & Save Account to your Linked Bank Account, if we close it for inactivity.

Inactive login. If you do not have any transactions in your Set & Save Account for a consecutive 12-month period, your login may become inactive, and if you do not reactivate it in ninety (90) days, we may close your Set & Save Account after providing you any required notice. 

We receive an order we must comply with. We will comply with any valid and applicable order of a court or other federal or state agency directing us to close your Set & Save Account.

Changes in Oportun ownership, partnerships, product offerings or operations. We may close your Set & Save Account if it is required by changes in the company ownership, partnership relationships or product offerings or changes in our operations that would be inconsistent with continued Set & Save Account operation.

14. Your Representations and Warranties

By using the Site or the Services, you represent and warrant all of the following:

  • Documentation. You have the right and authority to submit or otherwise provide us with any documents for the provision of the services, including but not limited to pay stubs, or bank statements, related to your financial situation;
  • Violation of Any Law, Regulation, or Other Obligation. Your use of the Services does not violate or promote the violation of any applicable law or regulation or any legal or contractual obligation you may have to a third party, and you have and will at all times comply with all applicable laws, rules and regulations in connection with your use of the Services;
  • Location of Financial Accounts. Any Bank Account(s) you associated with the Services are located in the United States;
  • Third Party Access. You shall not share your Oportun Set & Save Account or login information with any third party, nor let any third party access your Oportun Set & Save Account, and are responsible for maintaining the confidentiality of the login information for your Brigit User Account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your Oportun Set & Save Account, even if such activities were not committed by you; and
  • Use of Bank Checking Account. You will not link your Bank Checking Account to more than one Oportun Set & Save Account.

Verification of Your Representations and Warranties. By using the Services, you understand and agree that Oportun, through any identification verification methods it employs, may in its sole discretion, but is not required to, verify that any or all of your representations and warranties listed above are met. If you become aware of any violation or possible violation of your or another user’s representations and warranties listed above, you will report it to Oportun. If Oportun becomes aware of any violation or possible violation of this Agreement, it may suspend and/or terminate your Oportun Set & Save Account with or without notice in its sole discretion.

Violation of these Savings Terms. If you violate these Set & Save Terms (e.g., you open more than one Set & Save Account, or fail to pay the subscription fee) we may close your Set & Save Account.

Fraud/illegal activity. We may close your Set & Save Account if we believe you (or someone on your account) has been accessing or using the Set & Save Account in violation of law or with intent to defraud.

15. Disclaimer of Warranty of Purpose

As noted above, through the Services you may receive predictions about your financial situation including, for example, predictions about the amount to be withdrawn so as to not adversely affect your ability to meet current financial needs (each, a “Prediction”). You understand and acknowledge that each Prediction merely represents our attempt to predict the relevant facts regarding your linked bank account, that we do not guarantee the accuracy of any such Prediction and that the Services might not predict an overdraft that actually occurs in your bank account. Except as expressly set forth herein any use of the Services, and any decision of yours to act upon any Prediction is your sole responsibility and at your exclusive risk.

The Set & Save Services are provided on an “as is” and “as available” basis without warranties of any kind and does not guarantee that it will be free of defects. To the extent permitted by law, we disclaim all implied or statutory warranties of any kind relating to the Services, including, but not limited to, each prediction, and in no event shall Oportun or any of its officers, directors, shareholders, advisors, employees, agents, anyone acting on Oportun’s behalf or affiliates be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the Service, including any such Prediction or non-Prediction, whether or not the damages are foreseeable and whether or not Brigit has been advised of the possibility of such damages.

No advice or information, whether oral or written, obtained by you from Oportun, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.

16. Oportun is not a financial advisor

Oportun is not a financial advisor. We use sophisticated algorithms to make decisions for you, but the algorithm can’t anticipate everything. We can’t promise that the Set & Save Services will fit every situation. We’ve developed features that can help account for many financial situations, but you should customize the Set & Save Services to suit your needs and check in regularly to make sure they’re being met. We’re here to help and make life easier, but ultimately you, not us, are responsible for ensuring that your Linked Bank Account has sufficient funds for your needs.

17. How you access your account and limitations

Balances and transfer confirmations. You can check your balances in the App or call us at 888-322-3103 to see if a specific preauthorized transfer to or from your Set & Save Account (such as an auto save or auto-withdrawal) has occurred.

Credentials. Don’t share your username or password. It’s up to you to keep them and your devices safe. Except as otherwise required by law, you’re responsible for all transactions and other activities authorized or performed using your credentials and/or mobile device, whether authorized or unauthorized by you.

Agents and power of attorney. You can’t add users to your Set & Save Account, but you can submit a valid power of attorney to allow your agent to access your Set & Save Account. They will have access to your private financial information and will be acting on your behalf (e.g., make transactions). You agree that we have no duty to ensure the agent acts for your benefit. We may not be able to, and aren’t required to, implement all restrictions to the agent’s access that you outline in the power of attorney. We may continue to honor the agent’s transactions until: (a) we receive written notice that you terminated their authority, and (b) we’ve had a reasonable opportunity to act on it. You agree not to hold us responsible for any loss or damage you may incur as a result of our following instructions given by an agent acting under a valid power of attorney.

Non-transferrable. Set & Save Accounts are non-transferrable, which means if the account owner dies, the funds in the Set & Save Account will be distributed by law but no other person or entity will become an owner or authorized user of that Set & Save Account.

Fraud and unusual activity. We monitor transactions and accounts for things like fraud and unusual activity. These controls can impact your ability to access and transact. We may need to apply these access restrictions immediately and may be prohibited from notifying you to ensure security or comply with legal process.

Unauthorized account access. To protect your information, account, and funds, we may suspend access to your Set & Save Account if we believe your Account has been accessed without your authorization or if you dispute a transaction. If you suspect unauthorized account activity or access to your username, password, device, or Set & Save Account, contact us immediately at [email protected].

Unauthorized transfers. If you believe that an unauthorized electronic funds transfer has been made or may be made to or from your Set & Save Account, please email us at [email protected] or call us at 888-322-3103. Our business days are Monday through Friday except federal holidays.

Inactive login. If you do not use your Set & Save Account or log into the App for an extended period of time, your log-in may become “inactive.” Your access to your account may be temporarily restricted and you’d need to contact us at 888-322-3103 to reactivate. 

Court orders. We will comply with court orders or directives from federal or state agencies. See Section 13 for additional information on legal process.

18. Prohibited Activities

You are solely responsible for compliance with all laws, rules, and regulations that may apply to your use of the Site or the Services. In connection with your use of the site or the Services, you shall not, and shall not assist or enable any third party, to:

  • reverse engineer or attempt to find the underlying code of the Services;
  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or this Agreement;
  • copy, modify, or create derivative works of the Services or content (defined below) of any the Services;
  • attempt to disable or circumvent any security or access control mechanism of the site or the Services;
  • design or assist in designing cheats, exploits, automation software, such as, but not limited to, spiders, bots, hacks, mods or any other unauthorized third-party software to modify or interfere with the Site or the Services;
  • attempt to gain unauthorized access to the site or the Services, other Brigit User Accounts, or other devices, computer system, phone systems, or networks connected to the Site or the Services;
  • harvest or otherwise collect information about users;
  • use, display, mirror or frame the Site, the Services, Content or any individual element within the Site or the Services, Oportun’s name, or the layout and design of any page or form contained on a page in the Site or the Services, without Oportun’s express written consent;

or

  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the site or the Services.

In the event you partake in any prohibited activities, you acknowledge and agree that Oportun has the right to and may, at its sole discretion and without notifying you, take legal and/or use other remedies including but not limited to suspending your Oportun Set & Save Account.

19. Your consent to electronic signatures and communications (e-sign consent)

This is a digital service, and we communicate with you electronically (e.g., in-app messages, email, SMS, etc.).

Electronic communications.

You agree to receive emails and other electronic communications from us, our affiliates, and other third parties that may be providing services to you on behalf of us about our products or services (together, “Services”). The communications may include disclosures, required notices, change in terms updates, periodic statements, account records and other communications, as applicable for the specific Services and/or accounts (collectively, “Communications”). This includes anything we’d otherwise be required to give to you in paper form (e.g. by mail). You may not be able to obtain Services from us unless you agree to this consent.

Your representations.

You agree that: (1) you’ve read and understand this Agreement; (2) you satisfy the minimum hardware and software requirements below; and (3) your consent will remain in effect until you withdraw it (see below).

Your right to withdraw your consent.

You may withdraw your consent to receive further Communications regarding your Set and Save Account electronically at any time by contacting us at [email protected]. If you withdraw your consent to receive Communications electronically, we may will close your Set and Save Account, including any accounts held in your name at our bank partners, and return any balance in these accounts to your linked bank account or via check mailed to your address on file with us. Any withdrawal of your consent to receive Communications electronically will be effective only after we have had a reasonable period of time to process your withdrawal.

Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

Copies of communications.

You should print and save and/or electronically store a copy of all Communications that we provide to you electronically. You can access these E-Sign Act disclosures at Oportun.com/esign.

Hardware and software requirements.

To access and keep electronic Communications, you must have: (1) a valid email address; (2) a connection to the Internet; (3) a Current Version of Internet Explorer, Mozilla Firefox, Safari, or Chrome; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (5) a computer or device and an operating system capable of supporting all of the above; and (6) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.

Changes.

We can switch to communicating with you in paper form (and stop communicating electronically) when we deem it necessary and can also change these terms and conditions.

20. Intellectual property and user content

Content. With the exception of any third party materials, Oportun is the owner of all worldwide rights, titles and interests in: (a) the Site and the Services, including all content therein, all design, text, graphics, images, audio, video and other material, as well as the domain name, tagline, organization and use look-and-feel, related documentation, and all enhancements, derivatives, bug fixes or improvements to the Site and the Services; and (b) trade names, trademarks, and logos of Oportun ((a) and (b) collectively, the “Content”). You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content without Oportun’s written consent. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you do not modify the Content and that you keep intact all copyright and other proprietary notices. You agree that you do not acquire any ownership rights in any downloaded Content. This permission terminates immediately if you breach this Agreement. You may not “mirror” any Content on the Site or in the Services without Oportun’s express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes.

No license. We do not grant you any licenses to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Set & Save Terms. We and our third-party licensors retain all right, title, and interest in and to the Services, and any associated intellectual property rights.

User content. The Services may permit you to submit content (collectively, “User Content”), like customizing parts of the Services (e.g., savings goals) and communicating (e.g., messaging our Customer Support team). We take no responsibility and assume no liability for any User Content.

Content rules. User Content can’t be illegal, harmful, threatening, obscene, fraudulent, pornographic, infringing on intellectual property rights, purposely false or hurt other people.

21. Limitations on our liability and disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT OPORTUN, ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR

(A) THE PERFORMANCE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES;

(B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE SAVINGS TERMS OR THE SERVICES;

(C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT TRANSFERRED FROM YOUR LINKED BANK ACCOUNT TO YOUR SET & SAVE ACCOUNT VIA THE SERVICES; OR

(D) ANY EVENT BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification. At our request, you agree to defend, indemnify, and hold harmless Oportun, its affiliates, and its and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Set & Save Terms, applicable law or any third-party rights, or your fraud or willful misconduct. The indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

Disclaimer and no warranty. We use sophisticated algorithms to determine amounts to be deducted to be applied to your savings goal, but we can’t anticipate everything. We can’t promise that the Services will fit every situation. Before using the Services, you should consider obtaining additional information and advice from a financial advisor.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED IN THESE SET & SAVE TERMS, YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES AS TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE AND OUR THIRD-PARTY SERVICE PROVIDERS CANNOT GUARANTEE THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE FOR EVERY SITUATION, (D) THE QUALITY THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE SAVINGS TERMS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

22. Arbitration agreement

You and Oportun agree that the sole and exclusive forum and remedy for resolution of a claim be final and binding arbitration. PLEASE READ THIS CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS HOW YOU CAN SEEK RELIEF FROM US.

Governing law. Except as otherwise required, these Set & Save Terms and the resolution of any Disputes will be governed and construed by California law without regard to its conflict of laws principles.

Informal dispute resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Oportun, you agree to try to resolve the dispute informally by contacting [email protected]. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Oportun may bring a formal proceeding.

Arbitration. You and Oportun agree to resolve any disputes through final and binding arbitration, except as listed under exceptions to agreement to arbitrate below.

Opt-out of agreement to arbitrate. You can decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Set & Save terms or within 30 days of the effective date of any material change to these Set & Save terms by sending a written notice to us by certified mail at the following address: Oportun, Inc., PO Box 4085, Menlo Park, CA 94026. Your opt-out notice must include your name, address, phone number, and email address.

Arbitration procedures. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect (“Rules and Procedures”). Arbitration will be handled by a sole arbitrator according to those rules. The arbitration will be in the United States county where you live or work, San Francisco, California, or any other location we agree to.

Arbitration fees. The AAA rules will govern arbitration fees. If the arbitrator finds that your claim and relief is proper and has merit, and you show that the costs of arbitration will be prohibitive as compared to the costs of litigation, we’ll pay as much of your arbitration filing/hearing fees as the arbitrator says is necessary to prevent it from being cost-prohibitive (as compared to the cost of litigation).

Confidentiality. The arbitrator will honor valid claims of privilege and privacy. The arbitration will be confidential, and none of the parties may disclose the existence, content, or results of any arbitration, except as required by law or to enforce the arbitration award.  

Arbitration award. Subject to the limitation of liability provisions of these Set & Save terms, the arbitrator may award any available individual relief or individual remedies.

Exceptions to agreement to arbitrate. Either you or Oportun may assert claims, if they qualify within the jurisdictional limits of the small claims court, in small claims court in San Francisco, California, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

No class actions. You may only resolve disputes with Oportun on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. 

Judicial forum for disputes. Except as otherwise required by law, if the agreement to arbitrate is found not to apply to you or your claim, you and Oportun agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Oportun consent to venue and personal jurisdiction there. We both waive our right to a jury trial.  

Limitation on claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Set & Save terms or the Services must be filed within one (1) year after such claim or cause of action arose, or it will be barred forever.

Severability of provisions. With the exception of the subpart of this section prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the rest of this arbitration provision will remain effective and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, the subpart of this Section prohibiting arbitration on a class or collective basis of this section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration.

For more information on the AAA, the rules and procedures, or the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit their AAA website at adr.org.

23. Our liability for failure to complete transactions

If we don’t complete a transaction to or from your Set & Save Account on time or in the correct amount according to these Set & Save Terms, we will be liable for your losses and damages. But there are some exceptions. We will not be liable if, for instance, one of the following happens:

  • through no fault of ours, you don’t have enough money available in your Set & Save Account to
  • complete the transaction; access to your Set & Save Account has been blocked after you reported an unauthorized transaction;
  • there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
  • we have reason to believe that the requested transaction is unauthorized;
  • circumstances beyond our control (like fire, flood or computer or communication failure) prevent us from completing the transaction, despite reasonable precautions that we have taken;
  • or, any other exception listed within these Set & Save Terms.

    24. Miscellaneous

    Statements. We’ll issue Set & Save Account statements monthly, but if you don’t have any electronic funds transfers, we may issue only quarterly account statements instead.

    Taxes. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Set & Save Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves.

    Severability. If any provision of these Set & Save Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Set & Save Terms will otherwise remain in full force and effect.

    Entire agreement. These Set & Save Terms represent the entire agreement between us with respect to the Set & Save Services and supersede anything else, unless we’ve specifically said otherwise in these Set & Save Terms or any of the other agreements.

    Survival of terms. If these Set & Save Terms or the Set & Save Services are terminated, the terms in these Set & Save Terms that by their nature are continuing shall survive the termination, including the indemnification and hold harmless obligations, disclaimers and limitations of liabilities.

    Assignment. To the extent permitted by applicable law, we may transfer, assign, or delegate these Set & Save Terms and our rights and obligations hereunder without your consent.

    25. Contacting us

    If you have any questions, please email us at [email protected], or write to us at:

    Oportun, Inc.
    PO Box 4085
    Menlo Park, CA 94026

    Sensitive information. Because email communications are not always secure, please do not include account numbers or other sensitive information (such as racial or ethnic origin, political opinions, religion, health, or the like) in your emails to us.

    For more information about the Set & Save Services, please visit our Frequently Asked Questions on the Help Center or the App.

     

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