Welcome to EarnUp. The following terms and conditions (Agreement) govern your use of our service. If you have any questions please let us know by emailing support@EarnUp.com. Please keep a copy of this Agreement for your records. 

  1. For your continued use of the service, you direct us to transfer information provided by you or your authorized representatives to the Processor, and you authorize us and the Processor to make all necessary arrangements and transactions to perform the payment services, including via Automated Clearing House (ACH) transactions from your designated bank account in the amounts necessary, or the amounts you provide to us, to pay your lender and our Fees until this Agreement terminates. Please note withdrawal amounts can change in order to meet minimum payment amounts that you may owe on your payment obligations.
  2. For your continued use of the service, you further authorize us and Processor to (x) obtain information regarding your loan/bank account from your lenders, banks, billers, partners or servicers, (y) release information regarding your loan/bank account as needed to make a transaction, comply with governmental reporting obligations, legal processes or court orders, or when investigating a loss involving Processor and another financial institution. This information may be obtained at any time during this Agreement, and any such information obtained may be utilized by us to provide the services. Any estimated term reduction or savings is only an estimate and does not include the impact of transaction fees. Actual term reduction may vary. EarnUp does not guarantee term reduction and makes no representation that the program will result in savings on your loan.
  3. From time to time, as part of the EarnUp service, we may offer additional programs or services that you may apply to participate in. For example, we may make additional savings programs offered by us and/or our partners available. When this happens we will provide you a full description of the additional program or service, including any additional terms and conditions, and invite you to apply. If you qualify for the additional service or program, you must accept any additional terms or conditions that apply to that particular program in order to participate. Upon your doing so, both these Terms and the specific program’s terms and conditions will govern your use of the service.
  4. YOU UNDERSTAND THAT WE SOLELY PROVIDE YOUR INFORMATION TO THE PROCESSOR ON A PASS THROUGH BASIS. ONLY THE PROCESSOR IS AUTHORIZED TO INITIATE OR EXECUTE ACH TRANSACTIONS, PAYMENTS, AND TRANSFERS ON YOUR BEHALF AND AT NO TIME WILL WE CONTROL OR HOLD YOUR FUNDS.
  5. This Agreement is not an automatic renewal or continuous service agreement and will terminate either (1) automatically once your loan is paid in full; or (2) 30 days after either you or we send a notice of termination to the other.
  6. From time-to-time we may, in our sole discretion, offer certain promotional programs to you wherein we will waive our monthly fee and instead apply the extra amount withdrawn to the principal of your loan. You  acknowledge and agree that during such promotional programs you have entered into, the total recurring withdrawal debited from your account will still be withdrawn and the extra amounts will be applied towards the principal of your loan.
  7. If this Agreement is terminated by either you or EarnUp for any reason, all fees paid by you are considered non-refundable and fully earned by EarnUp or its assignees. Fees under this Agreement may be allocated to any of your active Agreements with EarnUp, even if this Agreement has been terminated.
  8. This Agreement terminates (1) automatically when your loan is paid in full, or (2) when you or we provide 30 days written notice of termination to the other party. If we terminate for any reason, no refund of Fees will be made to you. We or Processor will review your EarnUp account when it terminates, and any funds that Processor has collected on your behalf and not paid to your lender will be refunded to you within 14 days
  9. If you believe an error has been made regarding any ACH withdrawal from your account, you MUST notify us of the suspected error as soon as possible, but in any event within 60 days so we can notify Processor. Neither we nor Processor will be responsible for errors caused by erroneous information provided by you or if a withdrawal cannot be made from your account for any reason outside of our or Processor’s control. Examples of scenarios outside of our and Processor’s control include, without limitation, the following: if there are insufficient funds in your account, if there is a stop payment order on a transaction, if a force majeure ever occurs, if there are any encumbrances on your account, if you have breached this Agreement, if your account has closed for any reason, or if changes have been made to your loan, bill or bank account and you have not provided us and Processor with at least 30 days prior notice. In the event of one or more of the above instances or errors, we may charge you a debit return Fee up to $25.00 on the first occurrence and on each subsequent occurrence (we may increase these Fees upon 30 days’ notice to you). The debit return fee is in addition to any other fee that may be assessed by your bank. If we or Processor are the cause of an error, we will pay any fees you incur for such error up to $50.00. Please be aware that Regulation E entitles you to an immediate reimbursement of any amount transferred by Processor that isn’t authorized by you. You may notify your institution to protest that unauthorized transfer and we, on behalf of Processor, will assume responsibility for the error. If you protest a transfer that was authorized in this Agreement, you may be liable for 3 times the amount EarnUp has reimbursed you and legal fees associated with a violation of use for Regulation E.
  10. Funds will be transferred from your account to Processor via ACH and are deposited in a commercial account at a U.S. based financial institution or if Processor is a bank, then in an account of that bank. If Processor is not a bank, then Processor reserves the right to choose and change depository institutions in its discretion. Funds held may be remitted to your lender once per month. You will not receive any interest generated from funds held by Processor.
  11. You agree to release, indemnify and hold harmless us, Processor, and each of our and Processor’s respective officers, directors, employees, agents, stockholders, and affiliates from and against any and all claims, demands, losses, liabilities, obligations, actions, damages, expenses or costs, including reasonable legal expenses, which we or they may suffer, sustain or become subject to that arise out of or relate to (i) the information provided by you to us, (ii) your breach of any of your obligations contained herein, and (iii) the inability of Processor to make payment for any reason caused by you (whether through your action or inaction).
  12. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OF THE SERVICES OFFERED, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY. IN NO EVENT SHALL WE OR PROCESSOR BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAVE BEEN DISCLOSED IN ADVANCE OR THAT COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR OR PROCESSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY, EXCEED THE FEES PAID BY YOU TO EARNUP HEREUNDER.
  13. We may assign this Agreement or any right or obligation of this Agreement without your consent. If any term in this Agreement is found to be invalid or unenforceable, then the balance of the Agreement shall be enforced without the invalid or unenforceable term. You and we are the only parties to this Agreement. This is an independent agreement with us, we are not a legal partner, employee, representative, or agent of your Lender. We agree and acknowledge that we are solely responsible for determining the method and means by which we will accomplish the services called for under the Agreement and we will otherwise fulfill its obligations hereunder. Processor and Processor’s bank, if applicable, are in no way liable for any errors, reversals, or protests, and you agree to hold Processor and, if applicable, its business bank harmless in the result of any disputes. This Agreement shall be interpreted and performed in accordance with the laws of the State of Delaware without giving effect to its conflicts of law principles. Any dispute or claim arising from or relating to this Agreement or the services provided under this Agreement, including any dispute or claim regarding the applicability of this Section, shall be settled by binding arbitration administered by the National Arbitration Forum under its Code of Procedure in effect at the time the claim is filed in in San Francisco County, California. NEITHER PARTY SHALL PARTICIPATE AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS SECTION. CLAIMS OF THIRD PARTIES SHALL NOT BE JOINED IN ANY ARBITRATION BETWEEN YOU AND EARNUP. You and we acknowledge and agree this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. In the event you fail to adhere to the terms of the mandatory arbitration provisions contained in this Section, you shall reimburse and indemnify us for our reasonable attorneys’ fees and costs incurred in enforcing this Section, including without limitation, the attorneys’ fees and costs incurred in compelling arbitration and/or dismissing any lawsuit filed in violation of this Section. YOU AND WE HEREBY ACKNOWLEDGE AND AGREE TO WAIVE ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT. You agree to the terms and conditions of our Privacy Policy (located at http://EarnUp.com/privacy), which is incorporated by reference into this Agreement.
  14. We may call or text message (SMS) you at a mobile phone number that you have provided to us. If you do not wish to be contacted on your mobile number please contact us to have your mobile number removed from your account. All notices shall properly identify your identity, be in writing and shall be considered effective when received by the appropriate party at the address specified herein, or to such other address as you or we may designate, pursuant to this Section. It is your sole responsibility to provide us notice within seven days of any change in your contact information or any information required to service your account (unless a longer period is stated elsewhere in this Agreement) by phone (888-228-0341) or email (support@EarnUp.com). For other matters, we may be contacted at EarnUp, 2370 Market St., Suite 203, San Francisco, CA 94114. Email: support@EarnUp.com
  15. You consent to receive in electronic form all documents that EarnUp is required or permitted to give you in writing. Further details about this election, including technical requirements and how to opt out and obtain EarnUp documents in paper rather than electronic form, are found at https://enroll.earnup.com/assets/docs/e-sign-consent.pdf