Brigit Terms of Service
(Last revised July 16, 2025)
SECTION 20 OF THE TERMS GOVERNS THE RESOLUTION OF DISPUTES OR CLAIMS BETWEEN YOU AND US. SECTION 20 REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES AND CLAIMS BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 20 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 20 CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT CONTAINED IN SECTION 20 WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
The following Brigit Terms of Service is a legal agreement (the “Terms”) between you (“you”, “your”, or “user”) and Bridge IT, Inc., its parents, subsidiaries, partners, third-party service providers, affiliates, agents, and assigns (“Brigit”, “we”, “us”, or “our”) that sets forth the terms and conditions governing your use of and access to the website located at [www.hellobrigit.com] and the products and services owned, operated and/or made available by Brigit, including, but not limited to, Brigit’s mobile application (collectively, the “Services”). The Terms include and incorporate by reference our Privacy Policy.
YOUR USE OF AND ACCESS TO THE SERVICES ARE EXPRESSLY SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU SHOULD NOT AND MAY NOT USE OR ACCESS THE SERVICES.
IMPORTANT NOTICES ABOUT INSTANT CASH AND ADVANCES:
- YOU HAVE NO OBLIGATION TO REPAY ANY ADVANCE YOU OBTAIN THROUGH BRIGIT INSTANT CASH UNDER THESE TERMS OF SERVICE (AN “ADVANCE”).
- NO FEE OR CHARGE IS REQUIRED TO OBTAIN AN ADVANCE; ALL FEES AND CHARGES ARE FOR OPTIONAL SERVICES.
- INSTANT CASH IS NOT CREDIT AND ANY ADVANCE YOU OBTAIN IS NOT A LOAN.
- IF YOU ELECT TO REPAY YOUR ADVANCE BY SCHEDULING A PREAUTHORIZED ACH PAYMENT, YOU CAN STILL CANCEL IT AT ANY TIME BY CONTACTING US AT [email protected].
- FOR MORE INFORMATION, SEE SECTION 7.6 (“ADVANCE SERVICES”) BELOW.
YOUR USE OF AND ACCESS TO THE SERVICES ARE EXPRESSLY SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU SHOULD NOT AND MAY NOT USE OR ACCESS THE SERVICES.
1. Acceptance of Agreement
Please carefully review the Terms before using the Services or accessing any data thereon. These Terms represent a binding legal agreement between you and Brigit, and contain the conditions governing your use of and access to the Services. If you do not agree to the Terms, you should not and may not access or use the Services.
By signing up for a Brigit User Account and using the Services, you acknowledge and agree that you have read, understand, and agree to be bound by the Terms and to comply with all applicable laws and regulations.
Please print a copy of the Terms of use for your records.
2. Eligibility
To use the Services and to accept the Terms:
- You must be a US citizen or a legal US resident;
- You must be at least eighteen (18) years old or the age of majority in your jurisdiction; and
- You must not be prohibited by law from using the Services.
To use the Services, you must also meet both of the following criteria:
- You must have a checking account with one of our supported banks or credit unions (a “Bank Account”); and
- Your Bank Account must enable our third-party data aggregators to view your transactions for the last ninety (90) days.
3. Modification of the Terms
Brigit reserves the right to modify the Terms at any time and will notify you of any changes by posting the revised Terms on the website located at [www.hellobrigit.com] and in the mobile application and, where required by law, by providing you notice by email, in-app notification, text message, or other reasonable means. You should check the Terms periodically for changes. All changes shall be effective upon posting. The Terms will indicate the date the effective date of your Terms.
YOUR CONTINUED USE OF OR PAYMENT FOR THE SERVICES AFTER THE EFFECTIVE DATE OF ANY MODIFICATION TO THE TERMS CONFIRMS YOUR AGREEMENT TO BE BOUND BY ANY MODIFICATIONS. In addition, even if you do not otherwise use or pay for the Services, failing to close your account within 14 days after your first notice of the modification means you agree to be bound by the modification.
Brigit, in our sole discretion, may terminate, suspend, or modify these Terms without notice or liability.
4. Brigit User Account Registration and User Information Updates
To access and use the Services, you must create an account (a “Brigit User Account”) and complete the registration process. This process will require you to create a login ID and a personal identification number (“PIN”).
When you sign up for a Brigit User Account and use the Services, you agree to provide truthful, accurate, current and complete information, including, but not limited to, your full name, email address, and mobile phone number (“Account Information”). You further represent that you are authorized to provide us with, and are the legal owner of, all Account Information and other information necessary to facilitate your use of the Services.
You agree to update Brigit as soon as possible if any of your Account Information changes. To update your Account Information, you may go to the “Profile” section in the Brigit mobile application, click on “Settings,” and update your Account Information accordingly. Brigit will not be held for any errors or fees that may occur as a result of inaccurate and/or outdated Account Information.
5. Privacy Policy
6. Third-Party Account Information
To use the Services, you must authorize and direct Brigit to access and retrieve your account transaction history, balance information, and/or other information maintained by third-parties that you have identified to use and with which you have relationships, maintain accounts and/or engage in financial transactions (“Third-Party Account Information”).
Brigit works with one or more third-party service providers, to access this Third-Party Account Information. By using the Services, you authorize Brigit to access this information maintained by identified third parties, on your behalf as your agent, and you authorize such third parties to disclose your information to us. By agreeing to the Terms, 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 and your Brigit User Account.
You acknowledge that any Third-Party Account Information that is displayed through the Services will be current as of the time we most recently accessed such information and may not reflect pending transactions or other recent activity which may have occurred after we last accessed the Third-Party Account Information.
7. Brigit’s Services & Fees
7.1. Overview of Brigit’s No-Cost Features
Brigit offers several products and services to users that are available at no cost. These products include tools to track your income and expenses, and alerts about estimated upcoming bills and other expenses. Brigit will monitor your Bank Account and notify you when your Bank Account balance is in danger of being overdrawn and, in turn, help you avoid overdraft fees. Additional no-cost products and services may be available through the Services and the no-cost features may vary from time to time. You may be able to access Advance Services for free. Refer to section 7.7 of these Terms for more information.
7.2. Brigit Subscription Memberships (Additional Features)
In addition to the no-cost features, Brigit may be able to provide you with certain additional, premium features available through optional, paid monthly subscription services (“Subscriptions”). Brigit currently has two levels of paid Subscriptions. Brigit Plus provides users access to advanced analytical & budgeting tools, credit monitoring and identity theft insurance, and, if eligible, direct integration with Brigit’s Advance service. Brigit Premium provides all of the features of Brigit Plus in addition to access to Credit Builder and no-cost expedited transfers for Instant Cash advances. The decision to subscribe to one of the Subscriptions is optional and entirely up to you, and you can still obtain Instant Cash advances free of charge without a Subscription.
Legacy Provision: Brigit Plus subscribers who subscribed to Brigit Plus before June 5, 2023 (“Legacy Subscriber(s)”), shall continue to have access to Credit Builder unless and until the Legacy Subscriber connects a new linked Bank Account to his or her Brigit User Account after June 5, 2023.
7.2.1. Subscription Fees
Brigit’s paid Subscriptions are entirely optional and it is your decision whether or not to subscribe to one of the paid Subscription options. Subscriptions require a monthly subscription fee (“Subscription Fee(s)”). Brigit Plus is subject to a Subscription Fee that ranges from $5.99 to $9.99 per month. Brigit Premium is subject to a Subscription Fee of $14.99 per month. Subscription fees are subject to change. The Subscription Fee may be discounted from time to time by our customer service team, or through partnerships with affiliates. The discounted price will be for a limited time and will be disclosed to you at the time the discount is given.
To enroll in a Subscription, you must link a Bank Account or debit card (a “Payment Method”) for payment of the applicable monthly Subscription Fee. We will automatically charge your Payment Method for the Subscription Fee every month on the last day of the billing period. Brigit does not charge you a Subscription Fee when you enroll. You will be charged the applicable Subscription Fee on the date communicated to you in app or other communications. Upcoming dates upon which you will be charged for subsequent Subscription Fees will be displayed in the Brigit application..
You can cancel your Subscription any time after which you will not be charged for subsequent months. You will still be charged on the last day of the billing period for the month in which you cancel your Subscription. Please review Section 10 below for more details regarding cancellation.
Brigit will do its best to collect the Subscription Fee when you have the funds available to pay the Subscription Fee. Brigit will attempt to avoid charging you for your Subscription Fee if we detect that your Payment Method does not have sufficient funds to cover the charge. It is your responsibility to ensure you have sufficient funds to make payments, and Brigit shall not be responsible for any insufficient funds fees or other fees you may pay as a result of an insufficient balance. If our attempt to charge you for the Subscription Fee is declined, Brigit reserves the right to try again for up to 14 business days.
If payment is being made via debit card, we may try at different times of the day in accordance with applicable regulations. If the payment is made via ACH, we will make up to two (2) additional attempts, for a total of three (3) attempts. After that, Brigit will not attempt without a subsequent authorization from you. This may result in a change to the date when you are billed for each subsequent Subscription period.
7.3. Electronic Payment Authorization
If you enroll in a Brigit Subscription, use Instant Cash, Credit Builder, Line of Credit, or use any of the Services for which payment to Brigit is required, you authorize Brigit, its parents, subsidiaries, partners, third-party service providers, affiliates, agents, and assigns to electronically debit your Payment Method-including your bank account via automated clearinghouse (“ACH”) or your debit card- for the applicable amounts. This includes, but is not limited to payments of cash advances, any loan repayments, and/or monthly Subscription Fees. The specific amount and date of any payments to be debited from your Payment Method will be displayed in-app or via statements provided for the applicable product or service. As applicable, you also authorize Brigit to electronically debit and credit your Payment Method to correct erroneous debits and credits. You acknowledge and agree that this authorization covers both ACH debits and debit card transactions, and that you have the same rights under the Electronic Funds Transfer Act (Regulation E) regardless of which method is used. If a debit card transaction is declined or fails for any reason, you authorize Brigit to initiate an ACH debit from your linked bank account for the same amount, unless prohibited by law. If a payment attempt is returned or fails (for example, due to insufficient funds or a processing issue), you authorize Brigit to make additional attempts to collect the payment from your authorized Payment Methods. Brigit may use any authorized Payment Method for these retries, subject to applicable law. You have the right to receive notice of any debit for a Subscription Fee that would vary in amount from a previously authorized amount, including the monthly Subscription Fee. You agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than the preauthorized amount, including, but not limited to, your current monthly Subscription Fee.
You acknowledge that, as applicable, the electronic debit authorization contained in this Section represents your written authorization for automated clearinghouse (“ACH”) and debit card transactions as provided herein and will remain in full force and effect until you notify Brigit that you wish to revoke this authorization by emailing [email protected]. You must notify Brigit at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you contact us, you must include the name and telephone number associated with your Brigit User Account. Failure to provide correct and complete information may make it impossible for Brigit to stop withdrawal of the preauthorized withdrawal.
You agree to indemnify and hold harmless Brigit from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Bank Account or debit card if any of the information relied upon in your request to stop payment is incorrect or incomplete. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our inability to do so.
You warrant and represent to Brigit that you have the right to authorize us to charge and debit your Bank Account or debit card (“Authorized Accounts”) for payments due to us under the Terms. Authorized Accounts may be any that you connect through Plaid, or otherwise designate through the Brigit application at any future time. Your ability to receive an Advance is not conditioned on whether you elect to repay by preauthorized ACH or electronic debits.
You represent the credit and debit transactions you request comply with applicable law.
You acknowledge that you should retain a copy of this authorization for your records.
7.4. Credit Monitoring Service
Users may opt-in to use the credit monitoring service offered by a third-party provider, Array US, Inc. (FKA Array, LLC).
The Advance product and/or use of Instant Cash do not affect your credit score.
Brigit will not store credit monitoring information on its servers nor will it request this information unless authorized by an individual to do so.
7.5. Credit Builder and Line of Credit
Credit Builder is available to Brigit Premium Subscription customers. The Credit Builder product is designed to help users new to credit establish a credit score and those with lower scores improve their repayment histories. When you open Credit Builder, the loan amount is not given to you upfront. Instead, Brigit deposits the loan amount into a secured deposit account in your name. You make fixed monthly payments over a term. When the account is opened, Brigit reports the tradeline on your credit report to the major Credit Reporting Agencies, and as payments are made, your repayment history is reported on your credit report to the major Credit Reporting Agencies. After each monthly Credit Builder payment, you can withdraw any payments you’ve made or keep some or all of the funds in your secured deposit account. Credit Builder loans are issued and deposits are held by Coastal Community Bank, Member FDIC.
The Line of Credit product is available to all eligible Brigit users, regardless of subscription tier. It is designed to give customers greater access to funds when they need it. Customers are allowed to draw between $100 to $500 at a time. Customers may only request one draw at a time, and each draw must be fully repaid before you will be permitted to request another draw, even if you have not yet reached your Credit Limit. A $15 participation fee (also referenced as an “account fee” within the Brigit App) will be charged monthly during the period the Line of Credit account is open, and is not
dependent upon utilization of the Line of Credit. Line of Credit accounts are issued by Coastal Community Bank.
Credit Builder and Line of Credit accounts are subject to approval by Coastal Community Bank. The Credit Builder and Line of Credit products are separate from Brigit’s Advance product and Instant Cash, and the Advance and Instant Cash products are not offered in connection with Coastal Community Bank.
7.5.1. USA PATRIOT ACT and Customer Identification Program Notice
To help the government fight the funding of terrorism and money laundering activities, US Federal law requires all financial institutions to obtain, verify, and record identifying information for each person identified as a “customer” who opens an account.
This means if you apply for a Credit Builder or Line of Credit account, we may ask you for your name, date of birth, street address, identification number (like Social Security Number), and any other information that will allow us to identify you as the customer on the account. We may also ask to see a driver’s license, passport or other identifying documents.
We may share the information you have provided us with respect to your Credit Builder or Line of Credit account to our banking partner, Coastal Community Bank, Member FDIC, in connection with opening and maintaining an account for you. We may also provide the information you have provided us to Array US, Inc. (FKA Array, LLC) and its representatives.
If your identity cannot be verified, we may not be able to open an account for you. In the event we have accepted any funds from you in connection with an account application or otherwise, you will be responsible for providing us a mailing address to which payment of any refund can be sent.
7.5.2. Monthly Payments
You hereby agree to make monthly payments on your Credit Builder and Line of Credit accounts by electronic funds transfers. You may initiate these payments each month yourself or you may authorize Brigit to make automatic monthly payments. For Credit Builder accounts, each month, the payment amount will include your monthly principal payment. For Line of Credit accounts, your payment will represent your Minimum Monthly Payment
and will be allocated as described in your Line of Credit Agreement. You may also use another payment option that Brigit approves in writing (e.g. a form of payment that we identify and approve through direct communication with you). Your ability to open a Credit Builder or Line of Credit account is not conditioned on your selected method of repayment. You can contact us at [email protected] regarding payment options for your Credit Builder or Line of Credit account.
7.5.3. Potential Effect of Negative Credit Reporting
Repayment performance, either positive or negative, for Credit Builder will be reported to the Credit Reporting Agencies. Borrowers who fail to make their monthly payments timely run the risk of harming their credit records, just like any other loan reported to a Credit Reporting Agency. Brigit shall not be liable for any claims, charges, demands, damages or adverse impacts on your credit scores or credit history if you cease using the Services and do not complete a loan repayment or have defaulted on your Credit Builder payments.
7.5.4. Dispute of Credit Reporting Information by Customer
If you believe there is an error on your credit report relating to your Credit Builder Account, you may dispute the information by contacting us, via email at [email protected]. We will then work with Coastal Community Bank, Member FDIC to conduct an investigation and let you know what we determine.
To file a dispute, email us at [email protected] and provide the following information.
- Your name and, if applicable, account number or other identifying information;
- The specific information you are disputing;
- Your reasons for the dispute;
- Any supporting documentation you wish to provide (for example, a copy of your credit report, account statements, or a police report of identity theft); and
- Your email address is another means for us to contact you with the results of our investigation.
Once we receive a notice of your dispute, we and our partners will conduct a reasonable investigation and make a determination of the status of the disputed information in accordance with applicable law. This investigation is free of charge to you. Once we conclude our investigation, we will let you know if we determined the disputed information was accurate or inaccurate, or whether we need more information from you. If we determine that the disputed information is inaccurate, Brigit, on behalf of and as the servicer for Coastal Community Bank, Member FDIC, will notify the relevant credit reporting agencies and request that they delete or modify the information as appropriate.
7.6. Advance Service
You may elect to receive one or more non-recourse cash advances (each, an “Advance”) from Brigit. You can obtain an Advance from Brigit in several different ways.
First, you may choose to enroll in automatic Advances to prevent overdrafts (the “Autopilot Feature”). The Autopilot Feature is an optional feature that enables you to automatically obtain an Advance from Brigit when needed. Specifically, if Brigit’s algorithm predicts that you are likely to require funds in order to avoid an overdraft, the Autopilot Feature will advance you a preauthorized amount of funds (the “Needed Amount”) to cover your anticipated overdraft. You may be eligible for a Needed Amount of $25 – $250. The Needed Amount for which you are approved will be displayed to you through the Services. Brigit will inform you via text message and email when funds in the Needed Amount are transferred. You can turn off the Autopilot Feature within the Brigit application at any time.
Second, you may manually request the Needed Amount or an Advance in a different amount at any time by selecting the Advance amount and preferred delivery method within the Brigit application. Please note that you cannot request an Advance if you already have an Advance outstanding.
Keep in mind that you must qualify for an Advance each time an Advance request is made whether that is through the Autopilot Feature or a manual request. The decision whether to request an Advance is entirely optional and up to you.
7.6.1. Advance Repayment
If you receive an Advance, Brigit will initiate an electronic debit using your Payment Method in the amount of the Advance plus any optional fee in accordance with the Electronic Payment Authorization (Section 7.3). Brigit will charge your Payment Method for Advance repayment any time after the later of: (a) the due-date displayed to you through the Services when you request the Advance; (b) the due-date chosen by you when extending your due-date within the app; or (c) any time Brigit sees a positive cash inflow into your linked bank account even if that available cash is not enough to pay the full amount owed on the Advance. Alternatively, you may choose to repay your Advance by self-initiating repayment to Brigit via ACH (a “Manual Repayment”). YOUR ADVANCE IS NOT CONDITIONED ON WHETHER YOU ELECT TO REPAY VIA PREAUTHORIZED ACH REPAYMENT OR MANUAL REPAYMENT.
YOU CAN CANCEL ANY SCHEDULED ELECTRONIC DEBIT BY CONTACTING US AT [email protected]. SEE SECTION 7.3 FOR ADDITIONAL INFORMATION.
Please note that you can always repay an Advance before your due date. There is no penalty for repaying early.
7.6.2. No Recourse In the Event of Non-Payment
This Section sets forth Brigit’s recourse against you in the event that an Advance is not repaid. Any other recourse or remedies claimed by Brigit, including but not limited to, indemnities, limitations on liability, and disclaimers of warranty described in the Terms do not apply to non-payment of an Advance. To the extent that any recourse-related provision in the Terms conflicts with this Section 7.6.2, this Section shall control.
BRIGIT WARRANTS THAT IT HAS NO LEGAL OR CONTRACTUAL CLAIM AGAINST YOU BASED ON A FAILURE TO REPAY AN ADVANCE, IN WHOLE OR IN PART, OR TO PAY US INTEREST, FEES, CHARGES, OR OTHER AMOUNTS IN CONNECTION WITH ANY ADVANCE. REPAYMENT IS ENTIRELY VOLUNTARY. In the event you fail to repay an Advance, Brigit will suspend your access to future Advances until you repay the outstanding Advance in full. With respect to a failure to repay an Advance, BRIGIT WARRANTS IT WILL NOT ENGAGE IN ANY DEBT COLLECTION ACTIVITIES, PLACE THE AMOUNT OWED WITH OR SELL TO A THIRD PARTY FOR THE PURPOSE OF DEBT COLLECTION ACTIVITIES, OR REPORT YOU TO A CONSUMER REPORTING AGENCY. Brigit may send you an email, text or SMS message reminding you of an upcoming payment, however, such email, text or SMS message should not be construed as a demand for payment.
Brigit does not waive any rights regarding fraudulent activity, and Brigit will pursue instances of fraud.
It is your responsibility to contact Brigit if you are unable to repay your Advance on the scheduled due date. Brigit monitors your Bank Account balance before withdrawing the funds to ensure there are sufficient funds, but Brigit is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in your Bank Account sufficient to repay an Advance.
7.6.3. Expedited Delivery and Express Fee
You may request that Brigit expedite disbursement of your Advance by paying an optional fee (the “Express Fee”). While you can always receive an Advance within three (3) business days depending on processing times without additional cost, you may also choose to expedite the delivery if you have your Brigit User Account linked to your debit card. Brigit will typically deliver the Advance to you within 20 minutes. There is an express delivery fee (“Express Fee”) for this option. This fee may range from $0.99 to $3.99. The cost of this fee will be disclosed to you when you request an Advance through the mobile application. You will be given the opportunity to choose between the expedited or normal delivery method at the time you finalize the Advance transaction. The Express Fee is payable at the time you repay the Advance. Expedited delivery of an Advance and Express Fees are optional. The decision whether to request expedited delivery and pay an Express Fee is entirely up to you. Please note that there are no expedited transfer fees under Premium Subscriptions.
7.6.4. California Residents
Brigit is registered with the California Department of Financial Protection and Innovation as an Income-Based Advance Provider under the California Consumer Financial Protection Law. Registration does not imply a recommendation or endorsement by the Department.
If you have any complaints or concerns about Brigit or its practices, you may contact the Department of Financial Protection and Innovation toll-free at (866) 275-2677 or submit a complaint online at: https://dfpi.ca.gov/file-a-complaint/.
7.6.5. South Carolina Residents
For residents of South Carolina, Bridge It, Inc. complies with applicable provisions of South Carolina law regarding Earned Wage Access transactions. However, this shall not be construed as a waiver of our right to enforce any of the provisions in Section 20 of these Terms. Nor shall it be construed as a waiver of our right to enforce any of the provisions in Section 21 of these Terms, except for the choice of New York law.
7.7. You may Obtain an Advance and/or Credit Monitoring without a Subscription
You are not required to enroll in a Subscription in order to receive an Advance. Users that are eligible for Advances may access an Advance without a Subscription and without paying the Subscription Fee. To do so, email [email protected] and state that you would like an Advance without subscribing to one of our Subscription plans. You may check whether you are eligible for Advances through the Services.
7.8. Repay by Paycheck
7.8.1 Geographic Availability and Residency Requirements
The Repay by Paycheck service is not available in all states. By enrolling, you represent that you reside in a state where the service is offered. If you move to a different state, you are solely responsible for promptly notifying Brigit or updating your address information in the app. Continued eligibility for this service depends on maintaining residency in a participating state.
7.8.2 How It Works
When you enroll in Repay by Paycheck, you agree to:
- Connect your payroll account via our third-party provider Argyle;
- Set up a direct deposit (of an amount specified by Brigit that will be displayed in app) from your paycheck into a deposit account held at Cross River Bank, Member FDIC, for the benefit of Brigit’s customers.
Funds deposited into this account are used to repay any outstanding Instant Cash advance(s) you have with Brigit. If there is no outstanding advance at the time of deposit, no funds are withdrawn, and the full amount is transferred to your linked external bank account.
7.8.3 Account Structure
The deposit account receiving your payroll funds is a sub-account within a pooled FBO (For Benefit Of) account at Cross River Bank. The account is held in Brigit’s name, and Cross River Bank retains legal title to and sole control of the account. Brigit does not have any legal or beneficial ownership of the funds in the account. Brigit acts solely as a service provider facilitating instructions authorized by you.
7.8.4 Authorizations
By enrolling in Repay by Paycheck, you:
- Authorize Cross River Bank to receive direct deposits from your employer or payroll provider into an account held for your benefit;
- Authorize Brigit, acting on your behalf and under Cross River Bank’s authority, to initiate transfers from the FBO account to repay any outstanding Instant Cash advance you owe;
- Authorize Brigit to transfer any remaining funds from the FBO account to your linked external bank account after any applicable repayment has occurred.
These authorizations remain in effect until you revoke them in accordance with the “Modifying or Canceling Your Direct Deposit” section below.
7.8.5 Modifying or Canceling Your Direct Deposit
You may cancel or modify your payroll direct deposit assignment at any time through the Brigit app using Argyle—unless you have an outstanding advance. In that case, you must work directly with your employer or payroll provider to update your direct deposit settings.
Changes to your payroll direct deposit settings may take up to two pay cycles to take effect, depending on your employer or payroll provider’s processing timelines.
Once a payroll deposit has been initiated, it cannot be canceled or reversed, as processing typically begins 2–3 business days prior to the scheduled deposit date.
Please note that cancelling your direct deposit or un-enrolling from the program may affect your eligibility for Instant Cash advances.
7.8.6 Data Usage and Privacy
By participating in Repay by Paycheck, you authorize Brigit to access certain payroll and employment data through Argyle. This data may be used to:
- Assess your eligibility for advances;
- Improve advance amount accuracy;
- Detect fraud or suspicious activity;
For more information on how your data is used and shared, please refer to Brigit’s Privacy Policy.
7.8.7 No Guarantee of Eligibility
Participation in Repay by Paycheck does not guarantee that you will be approved for an advance or receive a higher advance amount. Eligibility is based on Brigit’s internal underwriting and risk models, which consider a variety of financial data points.
7.8.8 Regulation E Notice
Please note that we do not maintain individual accounts for users that meet the definition of an “account” under Regulation E (12 CFR Part 1005). As a result, transfers to and from the pooled custodial account used in connection with this service are not subject to the error resolution procedures outlined in Regulation E. If we or one of our partners receive a notice of error as defined under Regulation E (12 CFR 1005.11(a)), we will address such inquiries in good faith and in accordance with the terms of our agreements with our bank partners, or with Regulation E, to the extent it is deemed applicable.
7.8.9 No Money Transmission Services
Brigit does not provide money transmission, money transfer, or payment services. All payments associated with our products and services are processed and disbursed by one or more regulated financial institutions that are authorized to provide such services.
7.8.10 FDIC Insurance Disclosure:
Funds held in connection with your use of Brigit’s services are maintained in pooled custodial accounts at regulated financial institutions. These funds are not eligible for FDIC pass-through insurance coverage in your name.
8. Authorization & Disclosures for Credit Monitoring
8.1. Authorization
By registering for a Brigit User Account and using the Services, you specifically consent to, agree with, and are providing specific “written instructions” in accordance with the Fair Credit Reporting Act (“FCRA”) and other applicable law, that we, and our respective employees, agents, subsidiaries, affiliates, contractors, and data and service providers, reserve the right to provide your personally identifiable information to, and request, receive and provide you with your consumer credit reports and credit rating, and other information and data about you from and/or through, an authorized bureau (i.e. Equifax, Experian, TransUnion) and affiliated entities. The credit reports and credit rating are intended to furnish you with information that you may not otherwise have readily available to you. You understand that you are authorizing us and our third-party servicer to obtain such information at any time and use as described in the Terms for as long as Services are provided to you. YOU UNDERSTAND THAT IT MAY BE A VIOLATION OF FEDERAL AND/OR STATE LAW FOR YOU TO OBTAIN A CREDIT REPORT ON ANY PERSON OTHER THAN YOURSELF, AND THAT UNDER THE FAIR CREDIT REPORTING ACT, ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER CREDIT REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN 2 YEARS, OR BOTH. Your registration for the Credit Monitoring Service may not be fulfilled if we cannot verify your identity or other necessary information.
8.2. FCRA Disclosures
The Fair Credit Reporting Act (“FCRA”) allows you to obtain from each national credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through the Services, including Brigit’s website and mobile application, are not intended to constitute the disclosure of information by a credit reporting agency as required by the FCRA or similar laws.
Under the FCRA you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies (i.e. Experian, Equifax and TransUnion).
To obtain the free reports, you can:
- Call 1-877-322-8228;
- Order online at www.annualcreditreport.com; or
- Complete the Annual Credit Report Request Form, available at www.ftc.gov/credit, and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
You are also entitled to receive a free copy of your credit report from a credit reporting agency if:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
- You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information to dispute inaccurate or incomplete information in your credit file maintained by the credit reporting agencies.
Any credit report you request is not intended to constitute the disclosure of information required by the FCRA or similar state laws.
9. Earn Subscription & Cash Rewards
Brigit may, from time to time, offer rewards programs. The specific terms of any such rewards program will be displayed to you through the Services. Brigit reserves the right to cancel, modify or terminate any rewards program at any time.
10. Cancellation of Brigit Subscription
11. Termination
Brigit, in our sole discretion, may terminate, suspend, change or restrict access to all or any part of the Services and/or your Brigit User Account at any time for any reason with or without notice. This includes, but is not limited to, circumstances where we reasonably believe that you are engaging in activities intended to exploit, manipulate, or misuse the Services in a manner designed to avoid payment for services or otherwise circumvent the intended use of the platform. We will make reasonable efforts to notify you of any such change, suspension, or termination, unless we terminate your access in accordance with Section 12.2.
If we terminate, suspend, change or restrict access to all or any part of the Services and/or your Brigit User Account, we will not be liable to you or any third party for claims, compensation, reimbursement, or damages for any such change, suspension, or termination of the Services, your Brigit User Account, or for any deletion of your Account Information or your data.
12. Your Representations and Warranties
12.1. Your Representations and Warranties
By using 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 at all times, you have and will 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 associate with the Services are located in the United States;
- Third Party Access. You shall not share your Brigit User Account, PIN or login information with any third party. You shall not let any third party access your Brigit User Account. You are responsible for maintaining the confidentiality of the PIN and 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 Brigit User Account, even if such activities were not committed by you; and
- Use of a Bank Checking Account. You will not link your Bank Account to more than one Brigit User Account.
- Accuracy of Information Provided. You represent and warrant that all information you provide to Brigit in connection with your use of the Services is accurate, current, and complete. You agree to promptly update any information that becomes outdated or inaccurate, including but not limited to your address, employment status, or linked bank account.
12.2. Verification of Your Representations and Warranties.
By using the Services, you understand and agree that we may, in our sole discretion, but are 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 representations and warranties by you or any third party, you will report it to Brigit as soon as possible. If Brigit becomes aware of any violation or possible violation of your representations and warranties, Brigit may terminate, suspend, change or restrict access to all or any part of the Services and/or your Brigit User Account with or without notice and in Brigit’s sole discretion.
13. Disclaimer of Warranties
Through the Services you may receive predictions about your financial situation including, for example, predictions about your likelihood of overdrafting (each, a “Prediction”). You understand and acknowledge that each Prediction merely represents our attempt to predict future circumstances regarding your Bank Account. We cannot, and 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, your use of the Services, and any decision of yours to act upon any Prediction, is your sole responsibility and at your exclusive risk.
The Services are provided on an “as is” and “as available” basis without warranties of any kind. Brigit does not guarantee that the Services are, or will be, free of defects or errors. 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 Brigit or any of its officers, directors, shareholders, advisors, employees, partners, agents, affiliates or anyone acting on Brigit’s behalf, 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 Services, including any 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.
If you are a California resident, you hereby waive California Civil Code section 1542 which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
No advice or information, whether oral or written, obtained by you from Brigit, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk.
14. Brigit is Not a Financial Adviser
Before using the Services, you should consider obtaining additional information and advice from a financial adviser. Brigit is neither a financial adviser nor a financial planner. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you and your financial situation.
15. Prohibited Activities
You are solely responsible for compliance with all laws, rules, and regulations that may apply to your use of the Services. In connection with your use of 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, including, but not limited to, Brigit’s website and/or mobile application;
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or these Terms;
- copy, modify, or create derivative works of the Services or Content (defined below) of any of the Services;
- attempt to disable or circumvent any security or access control mechanism of 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 Services;
- attempt to gain unauthorized access to the Services, other Brigit User Accounts, or other devices, computer system, phone systems, or networks connected to the Services;
- harvest or otherwise collect information about users;
- use, display, mirror or frame the Services, Content or any individual element within the Services, Brigit’s name, any Brigit Trademark (defined below), or the layout and design of any page or form contained on a page in the Services, without Brigit’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 Services, including, but not limited to, Brigit’s website and mobile application.
In the event you partake in any prohibited activities, you acknowledge and agree that Brigit has the right to and may, at its sole discretion, take legal action and/or use other remedies, including, but not limited to, terminating or suspending your Brigit User Account.
16. Intellectual Property Rights (IP Rights)
16.1. IP Rights: Content
With the exception of any third party materials, Brigit is the owner of all worldwide rights, titles and interests in: (a) the Services, including, but not limited to, Brigit’s website, mobile application and 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 Services; and (b) trade names, trademarks, and logos of Brigit (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 Brigit’s written consent. You may, however, from time to time, download and/or print one copy of individual pages of the website 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 the Terms. You may not “mirror” any Content in the Services, including Brigit’s website and mobile application, without Brigit’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.
16.2. IP Rights: Trademarks
The trademarks, service marks and logos (the “Trademarks”) used and displayed in the Services, including those on Brigit’s website and in the mobile application, are registered and unregistered Trademarks of Brigit. Other trademarks, service marks and trade names may be owned by others. Nothing on the Brigit’s website or in the Services, including Brigit’s mobile application, should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Brigit intellectual property displayed in the Services. The names “Brigit” and “Bridge IT, Inc.” and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials in the Services, without prior written permission from Brigit.
17. Links to Third Parties and Third Party-Content
The Services may contain links or other content related to websites, advertisers, products and/or services offered by third parties. Brigit has no control and makes no representation with respect to any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. You understand and agree that use of such links and use of any products or services from third parties is at your own risk. Brigit expressly disclaims, and user expressly releases Brigit from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to the use of such links or the use of any such products or services from third parties.
18. Limitation of Liability
Under no circumstances will Brigit, or any of its successors, parents, subsidiaries, affiliates, partners, third-party service providers, officers, directors, stockholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns (the “Brigit Parties”) be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, the Services or the information contained in the Services, including for viruses alleged to have been obtained from the Services, even if Brigit has been advised of the possibility of such damages. In no event shall the Brigit Parties’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed the greater of (a) the amount of fees earned by us in connection with your use of the Services during the three (3) month period immediately preceding the event giving rise to the claim for liability, or (b) $100. Some jurisdictions may not allow the exclusion of implied warranties in which case some of the above exclusions may not apply to all users.
19. Indemnification
You agree to release, indemnify, defend and hold the Brigit Parties harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Brigit Parties arising out of or relating to (a) your improper use of the Services; (b) your breach or alleged breach of the Terms, the representations, warranties, and covenants you have made by agreeing to the Terms, or applicable law; (c) your violation or alleged violation of any rights of a third party; or (d) any negligent acts, omissions, or willful misconduct by you. You shall cooperate as fully as reasonably required in the defense of any such claim. Brigit reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Brigit. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Services.
20. Dispute Resolution and Agreement to Arbitrate
PLEASE READ THIS SECTION, WHICH IS AN AGREEMENT TO ARBITRATE (“ARBITRATION AGREEMENT”). THIS ARBITRATION AGREEMENT IS BINDING AND ENFORCEABLE UNLESS YOU OPT OUT, AS SET OUT IN SECTION 20.1 BELOW.
IF YOU ARE A “COVERED BORROWER” AS DEFINED BY THE MILITARY LENDING ACT AND 32 C.F.R. § 232.3, AS MAY BE AMENDED FROM TIME TO TIME, AT THE TIME OF ENTERING INTO THE TERMS AND YOUR AGREEMENT WITH US INVOLVES AN EXTENSION OF CONSUMER CREDIT UNDER THAT ACT, THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU AND YOU WILL NOT BE BOUND BY THE ARBITRATION AGREEMENT EVEN IF YOU DO NOT OPT OUT. FOR ADDITIONAL INFORMATION CONCERNING THE MILITARY LENDING ACT, PLEASE SEE SECTION 25 BELOW.
This Arbitration Agreement is between Brigit and you. As used in Section 20 only, the terms “Brigit,” “we,” and us” mean Bridge IT, Inc. and its past, present, and future parents, subsidiaries, affiliate entities (including but not limited to Upbound Group, Inc., RAC Acceptance, Acceptance Now, Get It Now, Home Choice, Acima, and Preferred Lease), and each of those entities’ predecessors, or successors in interest.
Except as otherwise provided in Section 20, you and Brigit agree to resolve by final and binding arbitration any and all Covered Claims (as defined in Section 20.2 below) that Brigit may have against you or that you may have against Brigit and/or (i) its directors, officers, members, managers, employees, or agents in their capacity as such; or (ii) successors or assigns. Each of the entities and/or individuals listed in this paragraph can enforce this Section 20.
20.1. Your Right to Opt Out
20.2. What Claims Are Covered.
You and Brigit agree to arbitrate claims or disputes arising under, arising out of, or relating in any way to the Terms, your Brigit User Account, and the Services, which include, but are not limited to, Brigit’s website, mobile application, and products and services, regardless of when the dispute arises (“Covered Claim”). This agreement to arbitrate is intended to be interpreted as broadly as the Federal Arbitration Act (“FAA”) allows. Covered Claims include disputes that were not noticed at the time you electronically accepted these Terms but that involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms. Examples of Covered Claims include, but are not limited to, the following:
- disputes arising out of or relating in any way to your interactions with or any actions taken by Brigit or any of its employees or agents, including but not limited to allegations that Brigit or those employees or agents acted improperly in terminating your Brigit User Account;
- disputes relating to money you paid to Brigit in connection with the Services;
- disputes relating to the use of the Services, including any websites, mobile applications, and communication services;
- disputes relating to the retention, protection, use, or transfer of information about you or any of your accounts;
- disputes relating to communications with you, regardless of sender, concerning any of our or our marketing partners’ products or services, including emails and automatically dialed calls and text messages;
- disputes relating to your provision of a telephone number or contact information to Brigit that is used to contact you for any reason;
- disputes that arose before you accepted the Terms, such as claims related to advertising or disclosures;
disputes that are based on any legal theory whatsoever, including negligence, breach of contract, tort, fraud, misrepresentation, trespass, the common law, or any statute, regulation, or ordinance; and - except as specified in Section 20.5 (Class Action Waiver) and Section 20.15 (Mass Claims) below, any and all disputes relating to the interpretation, applicability, enforceability, scope, or waiver of this Arbitration Agreement, including but not limited to any contention that all or any part of this Arbitration Agreement is void or voidable.
20.3. What Claims Are Not Covered.
Covered Claims do not include criminal proceedings and/or making a report or filing a claim with any law enforcement agency, initiated by you or Brigit. Initiating or participating in criminal proceedings and/or making a report of filing a claim with any law enforcement agency shall not be a waiver of any right to arbitrate under this Agreement, but any action by either party for abuse of process, improper criminal proceedings, or similar action arising out of any law enforcement/criminal proceedings/claim with any law enforcement agency is covered by this Agreement and must be arbitrated. In addition, Covered Claims do not include disputes that applicable federal statutes exempt from arbitration, overriding the FAA. Covered Claims also do not include requests under California law by California residents for an injunction on behalf of the general public, which may only be maintained in a court of competent jurisdiction; however, that court proceeding shall be stayed until the completion of arbitration in accordance with this Agreement of all other remedies sought under California law (such as damages and private injunctive relief).
20.4. Small Claims Court Options.
Notwithstanding the foregoing, you and Brigit each have the right to file an individual action in small claims court (or your state’s equivalent, e.g., justice of the peace courts) if it is within the jurisdiction of the small claims court and remains in that court. The defendant or counterclaim defendant in such a small claims court action may not elect to have the claim resolved by binding arbitration. If your jurisdiction permits small claims court judgments to be appealed to a court of general jurisdiction for a trial de novo, we agree that any such appeal shall be resolved in arbitration in accordance with this Arbitration Agreement instead of in that court of general jurisdiction.
20.5. Class Action Waiver.
You and Brigit agree that arbitration shall be conducted on an individual basis only. There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class, mass, or representative action or for the arbitrator to award monetary, declaratory, or injunctive relief on behalf of absent parties (“Class Action Waiver”). Nor shall the arbitrator have any authority to hear or preside over any such dispute. Additionally, except as specified in Section 20.15, claims may not be joined or consolidated in arbitration with disputes brought by other customers, unless agreed to in writing by all parties. You also agree you are not entitled to notice of any class, mass, or representative action involving claims filed by others, including without limitation notice by any plaintiffs’ counsel, court, or arbitrator. Nor may you opt-in or consent to join any class, mass, or representative action involving Covered Claims. If (after exhaustion of all appeals) a final judicial determination is made that the Class Action Waiver is unenforceable as to any particular issue, cause of action, or request for relief and that a class, mass, or representative action may proceed as to that specific issue, cause of action, or request for relief, the arbitrator is nevertheless without authority to preside over a class, mass, or representative action. That action instead must be brought in a court of competent jurisdiction—not in arbitration. That court action may proceed only after the completion of arbitration in accordance with this Arbitration Agreement as to all issues, causes of action, or requests for relief as to which this Section 20.5 is enforceable. Section 20.5 does not prevent you or Brigit from participating in a class-wide or mass settlement of claims.
Regardless of anything else in the Terms or the arbitration provider’s rules or procedures, any disputes relating to the interpretation, applicability, scope, waiver, and enforceability of this Section 20.5, including but not limited to any claim that all or part of this Class Action Waiver is void or voidable, may be determined only by a court—not by an arbitrator.
20.6. Notice of Disputes.
20.7. Informal Resolution Period and Informal Settlement Conference.
After receipt of a written Notice containing all of the information required by Section 20.6, the parties will not initiate arbitration for a 45-day period (“Informal Resolution Period”). During the Informal Resolution Period, the parties may attempt to resolve the claim. The parties may also mutually agree to extend the Informal Resolution Period. During the Informal Resolution Period, either party may request an informal meeting to discuss how to settle the dispute (“Informal Settlement Conference”). If timely requested by either party, the Informal Settlement Conference must take place at a mutually agreeable time by telephone or videoconference (which can be after the 45 days), unless the request for the Informal Settlement Conference is withdrawn in writing. You and a Brigit representative must both personally participate; any counsel representing you or the Brigit also may participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both you and an authorized representative of Brigit agree in writing. To protect your privacy, other customers cannot participate in your Informal Settlement Conference unless you and we agree in writing. The Informal Resolution Period and Informal Settlement Conference are to allow the parties a meaningful opportunity to resolve the dispute without the expense of arbitration. Arbitration cannot be commenced until the end of the Informal Resolution Period or, if an Informal Settlement Conference was timely requested, after the Informal Settlement Conference is completed or the request for one is withdrawn. A court will have authority to enforce this Section 20.7, including the power to enjoin the filing or prosecution of arbitrations where the filing party did not both provide a fully complete Notice and participate in a timely requested Informal Settlement Conference. The court also may decide disputes over compliance with those requirements. During any such court challenge, the arbitration will be automatically stayed. Unless otherwise prohibited by applicable law, even absent a court order as contemplated above, an arbitrator and/or any arbitration sponsoring organization (including JAMS) is without authority to accept or administer any arbitration demand, or assess or demand fees for the arbitration, unless and until the Informal Resolution Period has ended and the claimant has fully complied with the requirements of Sections 20.6 and 20.7.
20.8. Commencing Arbitration.
After the Informal Resolution Period has ended (and any timely requested Informal Settlement Conference has taken place), the claimant may commence arbitration by filing a Demand for Arbitration with JAMS. The claimant must send a copy of the Demand for Arbitration to the other party. Demands for Arbitration by you should be sent to: Legal Department, Bridge IT, Inc. 36W 20th Street. Floor 11, New York, New York 10011. Demands for Arbitration by Brigit will be sent to you at the last known address you provided to us. JAMS’s mailing address and instructions for filing Demands for Arbitration online instead of by mail may be found on its website at www.jamsadr.com. Demands for Arbitration must be clearly marked “Demands for Arbitration” and include all of the following:
- the claimant’s name, mailing and email addresses, phone number, and personal signature;
- the name, mailing and email addresses, phone number, and signature of the claimant’s attorney (if any);
- the account number (if any) for any account at issue; and
- a short statement of the factual basis of the claim, the causes of action asserted, and the specific relief that is being sought.
A copy of the Notice and these Terms also must be attached to the Demand for Arbitration.
If the claimant is represented by an attorney, by signing the Demand for Arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rules of Civil Procedure 11(b): (1) the Demand for Arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
20.9. The Arbitration Process.
Arbitration is more informal than a lawsuit in court. In arbitration you and Brigit each give up the right to a trial by judge or jury. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules (“JAMS Streamlined Rules”), except as supplemented, where applicable, by its Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”; together with the JAMS Streamlined Rules, the “JAMS Rules”), in effect at the time the arbitration commences, as modified by this Section 20. If there is a conflict between the JAMS Rules and Section 20, Section 20 shall govern. The JAMS Rules are available at www.jamsadr.com/ or by writing to the Brigit Legal Department at the address in Section 20.7. If JAMS is unavailable or unwilling to administer the matter consistent with this Section 20, the parties may agree to or a court of competent jurisdiction shall select an arbitrator to administer the arbitration or otherwise fulfill the duties of JAMS. Any such substitute arbitrator shall apply the terms of this Section 20 and the JAMS Rules, as modified by Section 20.
Once JAMS has notified the parties that an arbitration has been accepted for administration, the responding party shall be permitted at least 30 days to file a response to the Demand for Arbitration. If the responding party fails to file a response, the allegations in the Demand for Arbitration shall be deemed denied and all potential defenses are preserved.
Unless the parties agree otherwise, any merits arbitrator or process administrator shall be either an attorney who is experienced in commercial law and licensed to practice law in at least one state or a retired judge from any jurisdiction. Unless the parties agree otherwise, any in-person arbitration hearing shall take place in the U.S. city or county in which you reside at the time arbitration is commenced.
Unless the parties agree otherwise, any merits arbitrator or process administrator will be selected as follows: JAMS shall give each party a list of arbitrators drawn from its roster of arbitrators. If the total relief sought is valued at $75,000 or less (to both you and us) and a merits arbitrator is being selected, the list shall contain at least seven arbitrators. In all other cases, or if a process administrator is being selected, the list shall contain at least nine arbitrators. Each party shall have 10 calendar days from the receipt of the list to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the merits arbitrator (or process administrator, as applicable). If more than one common name remains on the lists of both parties, the parties shall strike names alternately from the list of common names on a telephone call administered by JAMS, until only one remains. The party who did not initiate arbitration shall strike first. If no common name remains on the lists of all parties, JAMS shall furnish a new list of arbitrators from which the parties shall strike alternately on a telephone call administered by JAMS, with the party who initiated arbitration striking first, until only one name remains. That person shall be designated as the merits arbitrator (or process administrator, as applicable). If the individual selected cannot serve, JAMS will issue another new list of arbitrators and repeat this process.
Subject to Section 20.5 (Class Action Waiver), the arbitrator may award any party any remedy to which that party is entitled under applicable law (including without limitation legal, equitable, and injunctive relief and an award of statutory attorneys’ fees and costs), but such remedies shall be limited to those that would be available to a party in that party’s individual capacity in a court of law for the claims presented to and decided by the arbitrator. Except to the extent preempted by the FAA, the arbitrator shall apply the substantive law, including but not limited to, the applicable statutes of limitations (and the law of remedies, if applicable) of the state of your mailing address on file with us at the time arbitration commences, or federal law, or both, as applicable to the claim(s) asserted. The arbitrator is without jurisdiction to apply any different substantive law or law of remedies. In addition, the arbitrator may consider rulings in other arbitrations involving different customers, but unless prohibited by applicable law, a ruling by an arbitrator (including in a bellwether proceeding under Section 20.15 below) will not be binding or have preclusive effect in proceedings involving different customers.
Both parties shall have the right to discovery in support of their claims and defenses. Discovery shall consist of an exchange of all documents and exhibits that the party intends to use at the hearing in support of that party’s claims and defenses, as well as a list of witnesses intended to testify at the hearing, along with the subjects of their anticipated testimony. The arbitrator may allow limited and reasonable additional discovery to the extent the arbitrator deems necessary to provide for a fundamentally fair process, with consideration to the expedited nature of arbitration and the need to ensure that the cost and burden of discovery is commensurate with the amount in controversy.
The arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences, as well as the arbitration hearing, by telephone, videoconference, or in person, as the arbitrator deems appropriate. Either party may file a motion to dismiss and/or a motion for summary judgment. The arbitrator shall set a briefing schedule for such motion(s) upon the request of either party. Except for a ruling on the basis of a dispositive motion, unless the parties agree otherwise, the arbitrator will conduct the arbitration hearing by telephone, videoconference, or in person, as the arbitrator deems appropriate, with you and a Brigit representative in attendance. Any party may arrange for a court reporter to provide a stenographic record of the proceedings in accordance with JAMS Rules. Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the arbitrator shall have the authority to decide the dispute based upon the evidence that is presented. Upon request at the close of the hearing, either party shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the arbitrator.
The arbitrator shall render an award no later than thirty (30) days from the date the arbitration hearing concludes or the last post-hearing brief is submitted. The award shall be in writing and include the factual and legal basis for the award. Before the arbitrator issues this award, neither Brigit nor you should disclose the substance of any settlement offers to the arbitrator.
If the arbitrator awards attorneys’ fees to a party, unless the arbitrator sets another schedule, that party must submit its fee request within 14 days of the award, and any objections to the fee request must be submitted 14 days thereafter.
20.10. Alternative Payment.
Except as specified in Section 20.15, if the merits arbitrator issues you an award that is greater than the value of Brigit’s last written settlement offer made before the merits arbitrator was selected (or awards you any relief at all on the merits, if Brigit made no such settlement offer), then Brigit will pay you $1,000 (“the Alternative Payment”) instead of any smaller award, so long as you had fully complied with the requirements in Sections 20.6, 20.7, and 20.8, and your final Demand for Arbitration sought relief valued at $10,000 or less (to both you and us). If, however, you disclosed the substance of any settlement offer by Brigit to the merits arbitrator before an award on the merits is issued, you may not be awarded the Alternative Payment. In determining whether you have earned the Alternative Payment, the arbitrator shall not consider amounts offered for or awarded in attorneys’ fees or costs. If, after commencing arbitration, you amend your claim to include new or different claims or to request different or greater relief than you initially requested, Brigit may make a written settlement offer within the next 30 days. If not accepted, that offer will be used by the merits arbitrator following the issuance of the award to determine whether you have earned the Alternative Payment. The merits arbitrator shall make any rulings and resolve disputes as to the Alternative Payment upon request from either party made within 14 days of the ruling on the merits.
20.11. Judicial Review.
Judicial review shall be governed by the substantive and procedural provisions of the FAA. The decision of the arbitrator may be entered and enforced as a final judgment in any court of competent jurisdiction.
20.12. Arbitration Fees and Costs.
The payment and allocation of all filing, administration, case-management, arbitrator, or other fees charged by JAMS or the Arbitrator (“JAMS Fees”) will be governed by applicable law and the JAMS Rules. However, if you initiate arbitration, your share of JAMS Fees will be capped at the amount of the filing or initial appearance fee applicable to court actions in the jurisdiction where the arbitration will be conducted. In the event applicable law requires a different allocation of arbitral fees and costs in order for this Section 20 to be enforceable, then such law shall be followed. You and we agree that arbitration should be cost effective for all parties, and either party may engage with JAMS to seek fee reductions or to defer fees.
20.13. Interstate Commerce.
You understand and agree that you and Brigit are engaged in transactions involving interstate commerce and, notwithstanding any other provisions herein with respect to the applicable governing law, agree that the substantive and procedural provisions of the FAA govern the enforcement and interpretation of this Arbitration Agreement. If the FAA does not apply to a particular dispute or to one or both parties, the parties stipulate and agree that the New York Arbitration Act (“NYAA”) will apply. If neither the FAA nor NYAA apply, the arbitration law of the jurisdiction where the arbitration will take place will apply.
20.14. Sanctions.
As in court, any counsel participating in an arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), or the applicable state counterpart, including a certification that the claim or the relief sought is neither frivolous, brought for an improper purpose, nor lacking in evidentiary support. To the extent allowed by applicable law, the merits arbitrator and process administrator may impose any sanction available under JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel.
20.15. Mass Claims.
If 25 or more claimants submit Notices of Dispute or file Demands for Arbitration raising similar claims and are represented by the same or coordinated counsel (a “Mass Filing”), the JAMS Mass Arbitration Rules will apply, and all of the cases must be resolved in arbitration using bellwether and, if necessary, batched proceedings, as set out below, if the cases are not resolved during the Informal Resolution Period or Informal Settlement Conferences. You and Brigit agree to this process even though it may delay the arbitration of your individual claim.
This Section 20.15 is intended to facilitate the efficient and orderly resolution of Mass Filings. If any requirement of this Section 20.15 has not been met, the parties agree that a court can enjoin the filing or prosecution of arbitrations inconsistent with this Section and, unless prohibited by law, even absent a court order as contemplated above, the arbitration administrator shall not accept or administer the arbitrations nor demand fees in connection with such arbitrations. Similarly, any claimants who dispute whether their claims are part of a Mass Filing or otherwise subject to the requirements of this Section 20.15 may ask a court to resolve that dispute. If neither party wishes to bring the issue to a court, both parties retain the right to raise issues regarding compliance with, or applicability of, the requirements of this Section 20.15 and seek appropriate relief in arbitration, including from a process administrator.
If your case is part of a Mass Filing, any applicable contractual or statutory limitations period applicable to the claims and relief set forth in your Notice (as well as to any applicable defenses or counterclaims) will be tolled until your case is selected for adjudication, withdrawn, or otherwise resolved. In addition, the Alternative Payment shall not be available in any case that is part of a Mass Filing.
In the first stage, counsel for the parties shall select up to 25 cases per side (50 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement, with each case assigned to a separate arbitrator (unless the parties agree otherwise or there are an insufficient number of arbitrators available) (“Bellwether Arbitration”). In the meantime, no other cases may be filed in arbitration, and JAMS shall not accept, administer, or demand payment for JAMS Fees for arbitrations commenced in violation of this Section 20.15. Fees associated with an arbitration included in a Mass Filing, including JAMS Fees owed by Brigit or the claimant, shall only be due after that arbitration is included in a round of cases that is properly designated for filing and adjudication.
Throughout the first stage, the arbitrators for the Bellwether Arbitrations are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. If any case selected as a Bellwether Arbitration is withdrawn prior to the arbitrator’s award or if either party raises exigent circumstances preventing a Bellwether Arbitration from proceeding, unless the parties agree otherwise, the parties agree to meet and confer in good faith to select a substitute case.
In the second stage, after all of the Bellwether Arbitrations are complete, the parties shall engage in a single global mediation of all remaining cases, and Brigit shall pay the mediation fee.
For any cases that are not resolved following global mediation, to increase the efficiency of administration and resolution of the remaining arbitrations, JAMS shall (1) administer the arbitration demands in batches of 100 arbitrations per batch (or, if between 25 and 99 individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are fewer than 100 arbitrations left over after the batching described above, a final batch consisting of the remaining arbitrations); (2) appoint one arbitrator for each batch, whom JAMS will appoint without soliciting input or feedback from any party; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). JAMS shall administer all batches concurrently, to the extent possible.
You and we agree to cooperate in good faith with JAMS to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of arbitrations, as well as any steps to minimize the time and costs of arbitration, which may include, but are not limited to: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
If, after exhaustion of all appeals, a court determines that this Section 20.15 or any provision in it is not enforceable, in whole or in part, the unenforceable provision shall be severed, and all of the cases resolved as efficiently as possible, using test cases and/or batched proceedings (to the extent permitted by law) to avoid the expense of separate JAMS Fees for every case. In all events, JAMS Fees will be invoiced as the arbitrations advance and merits arbitrators are appointed, rather than when the arbitrations are initiated.
20.16. Sole and Entire Arbitration Agreement
This Section 20 is the complete agreement of the parties on the subject of arbitration of claims or disputes covered by the Arbitration Agreement and supersedes and replaces any prior arbitration agreements between you and Brigit. This Arbitration Agreement shall survive the termination of the Terms, your account, or any contract you entered into with Brigit. If, however, you have opted out of this Arbitration Agreement in accordance with Section 20.1 above, any prior arbitration agreements between you and Brigit that you did not timely opt out of (in accordance with those prior arbitration agreements) will continue to be in full force and effect. No party is relying on any representations, oral or written, on the subject of the effect, enforceability, or meaning of this Arbitration Agreement.
20.17. Construction.
Except as specified in Sections 20.5 and 20.15, if any provision of this Arbitration Agreement is adjudged to be void or voidable or otherwise unenforceable, in whole or in part, such provision shall be severed from these Terms, and the adjudication shall not affect the validity of the remainder of the Terms. All remaining provisions shall remain in full force and effect. A waiver of one or more provisions of the Terms by any party shall not be a waiver of the entire Terms. To be valid, waivers must be in writing and signed by the party against whom the waiver is being asserted.
20.18. Consideration.
The mutual obligations by you and Brigit to arbitrate differences provide consideration for each other.
21. Governing Law, Venue, and Waiver of Jury Trials and Class Actions in Court
Except for Credit Builder, and unless stated otherwise herein, these Terms, the Services, and all claims and/or Covered Claims (including, without limitation, disputes concerning the enforceability of Section 20) shall be governed by the laws of the State of New York without regard to any conflict-of-law rules. Notwithstanding the foregoing, the laws of the State of South Carolina will apply to residents of South Carolina.
Unless you and Brigit agree otherwise, to the greatest extent permitted by law, in addition to any other court that may have jurisdiction, the federal or state courts of New York, New York will have jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Arbitration Agreement or any of its parts. Brigit and You consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenience forum or any other basis or any right to seek to transfer or change venue of any such action to another court. In addition, to the greatest extent permitted by law, you and Brigit agree to waive the right to a jury trial with respect to any Covered Claims not subject to arbitration. YOU AND BRIGIT KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO A JURY.
In any action proceeding in court, to the greatest extent permitted by law, you and Brigit agree that any litigation between you and Brigit and/or (i) its directors, officers, members, manager, employees, or agents in their capacity as such; or (ii) its successors and assigns will proceed on an individual basis only. You and Brigit each knowingly and voluntarily waives the right to bring or participate in a class, representative, collective action, or private attorney general action. You and Brigit each knowingly and voluntarily waive any right to non-individual proceedings.
NO LAWSUIT SHALL PROCEED ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS, EVEN IF THE DISPUTES OR CLAIMS AT ISSUE PREVIOUSLY HAD BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) AS A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
22. Support and Feedback
23. Consent to Use Electronic Signatures and Electronic Communications
“Communications” means any and all agreements, communications, disclosures, notices, records, documents and/or other items that we provide to you, or that you consent or agree to at our request.
“Contacting Us” means emailing us at [email protected].
“Current Version” means a version of any particular software or application that is currently being supported by its publisher.
“Electronic Communications” means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature.
“Electronic Media” means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.
“Electronic Product or Service” means each and every product and/or service we offer that you apply for, use or access using any Electronic Media.
“Electronic Signature” means any means that is used to indicate your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box or taking any other action to indicate your consent and/or agreement on or in any Electronic Media.
“We”, “us”, and “our” mean Brigit, its parents, subsidiaries, partners, third-party service providers, affiliates, agents, and assigns.
“You” and “your” mean the person giving this consent.
23.1. Electronic Signatures and Electronic Communications.
Subject to applicable law, you consent and agree:
- To use Electronic Signatures to indicate that you have read and understand, and that you agree and consent to the Terms, including, but not limited to, the Arbitration Agreement and Privacy Policy, and any and all other conditions and/or any other agreements that we may provide on any form of Electronic Media;
- That any and all Communications that we may send or provide to you (even Communications that we may otherwise be required to send or provide you in paper form) shall be in the form of Electronic Communications;
- Each Electronic Communication will be considered to be received by you at the time that we first attempt to send it to you, or if posted on the website or in the Services, within 24 hours after the time that the Electronic Communication is posted;
- To print and save and/or electronically store a copy of all Electronic Communications that we send to you;
- To notify Brigit of any change in your email address, your mobile device number, or other text message address by Contacting Us;
- That the foregoing consents and agreements will remain in effect unless and until you withdraw them in accordance with the Terms;
- That you represent and warrant to us that you have read and understand this Section 23, titled “Consent to Use Electronic Signatures and Electronic Communications.”
23.2. Hardware and Software Requirements.
In order to access and retain our Electronic Communications, you must have, and you represent and warrant to us that you do have, and at all times while using the Services you will have, all of the following: (1) a valid email address; (2) a computer, laptop, tablet, smartphone, or other device that is internet-enabled and is connected to the internet: (3) a web browser that includes 128-bit encryption, such as a Current Version of Chrome, Internet Explorer, Firefox or Safari, with cookies enabled; (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) data storage to electronically save Electronic Communications or a printer to print them.
23.3. Withdrawal of Consent.
You may withdraw your consent to receive Electronic Communications by Contacting Us. Subject to any applicable law, such withdrawal will be effective only after we have had a reasonable time period to process such withdrawal, and will not apply to Electronic Communications provided by us to you before the withdrawal of your consent becomes effective. If you withdraw your consent, then, except as may be expressly provided otherwise in the Terms, you may request to receive paper copies of Electronic Communication. Please see Section 23.4 below.
23.4. Requesting Paper Copies.
You may request a paper copy of any Electronic Communications that we provide to you by Contacting Us. We will mail the paper copy to your mailing address that we have on file.
23.5. Changes.
We reserve the right, in our sole discretion, (a) to communicate with you in paper form and/or (b) to discontinue providing you with Electronic Communications, and/or (c) to terminate the Terms and the provisions regarding Electronic Signatures and Electronic Communications. Subject to any applicable law, we may notify you of any such discontinuance, termination or change regarding Electronic Signatures and Electronic Communications by updating the Terms on the website or in the Services in accordance with Section 3, or by delivering notice by email or text message, or by any other means of Electronic Communications that we may choose in our discretion.
23.6. Contacting Us Regarding Electronic Signatures and Electronic Communications.
24. Email and SMS Messaging
You certify, warrant and represent that the telephone number and email address you have provided to us is your contact information and not someone else’s telephone number or email address. You represent that you are permitted to receive text messages at the telephone number you have provided to us and emails at the email address you have provided us. You agree to promptly alert us whenever you stop using a telephone number or email address and if your contact number or email address changes.
You can cancel the SMS service at any time. You can cancel the SMS service by texting “STOP” to the short code (i.e., replying to the SMS message). After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed from the particular SMS messages you have requested to no longer receive (e.g. marketing, transactional, etc.). After this, you will no longer receive these particular SMS messages. You may still receive other SMS messages for different purposes, which you may also opt out of in the same manner.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, you should contact your wireless provider. Carriers are not liable for delayed or undelivered messages.
25. Military Lending Act
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).
Federal law requires that you receive a clear description of your required payment obligations. Please carefully review your payment obligations provided in the Terms and disclosures above, as well as any payment obligations contained in any other agreements related to your use of the Services, including, but not limited to, your Credit Builder agreement if applicable, to understand your payment obligations.
Oral Disclosures: If you are a member of the Armed Forces or a dependent of such a member covered by the federal Military Lending Act, before proceeding with the Terms or using the Services, if you wish to hear important disclosures and payment information, please call (855) 519-2162.
If you are a “covered borrower” as defined by the Military Lending Act and 32 C.F.R. § 232.3, as may be amended from time to time, at the time of entering into these Terms, Section 20 above will not apply to you.
26. Miscellaneous
26.1. Severability.
If any portion of the Terms are deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable shall be of no force and effect and shall be severed and stricken from the Terms, and the Term’s remaining provisions shall be enforced to the fullest extent possible and shall remain in full force and effect.
26.2. Survival.
The following Sections of the Terms shall survive termination of your Brigit Account and/or your use or access to the Services: Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution and Agreement to Arbitrate, Military Lending Act, this Section 26, titled “Miscellaneous,” and any other provision identified herein that by its own terms survives termination of your use or access to the Services.
26.3. Entire Agreement.
26.4. Assignment.
You may not assign any rights hereunder without our prior written consent. Brigit may assign its rights or obligations pursuant to the Terms. Nothing contained in the Terms shall be construed to limit the actions or remedies available to Brigit with respect to any prohibited activity or conduct.
26.5. Waiver.
Non-enforcement of any provision of the Terms does not constitute consent or waiver of any other provision, and Brigit reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
26.6. No Joint Venture.
No joint venture, partnership, employment, or agency relationship exists between you and Brigit as a result of the Terms or your use of the Services.