Terms of Service
Last revised: Aug 11, 2022
The following terms of service are terms of a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and Early Finance Inc., its subsidiaries, affiliates, agents and assigns (“Early”, “we”, “us”, or “our”) which sets forth the terms and conditions for your use of Early’s mobile application (“Mobile App”) and Early’s website, earlyfi.com (the “Website”), as well as the products and services offered, operated or made available by Early through the Mobile App (collectively, the “Services”). The Mobile App, Website and Services are owned and operated by Early, and are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Mobile App, Website or the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.
This Agreement is subject to change by Early Finance Inc. at any time, effective upon posting on the relevant website. Your continued use of the Services following Early posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Services. This Agreement may be modified by Early from time to time, such modifications to be effective upon posting by Early on the earlyfi.com. By accessing and/or using the Service or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
Changes to Terms of Service
Early reserves the right to amend this Agreement at any time and will notify you of any such changes by posting a revised Agreement on our Website. You should check this Agreement on earlyfi.com periodically for changes. All changes will be effective upon posting. We will date the terms with the last day of revision. Your continued use of the Mobile App, earlyfi.com or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Early reserves the right to terminate, suspend, change, or restrict access to all or any part of the Mobile App, Website or the Services without notice or liability.
The application can be available for download in countries other than Canada. For countries and regions other than Canada, you can join the waitlist that gives you the opportunity for early access to Early services. By creating an account with us, you are under no obligation to obtain services from Early. Early Finance Inc. retains the discretion to make available to any individual on the waitlist the opportunity to use Early services at any time, and there is no guarantee that your position on the waitlist will result in the opportunity to use Early services at a specific time.
If you want to use the Services, you will have to create an account with Early. You agree to provide us with complete and accurate, up-to-date information about yourself and you agree to keep this information updated. Failure to do so may result in termination of your account with the Services.
When you create an account, you represent and warrant that you are of legal age to enter into a legally binding contract with Early Finance Inc.
You may only use the service for your personal and non-commercial purposes, not on behalf of or for the benefit of a third party. You may only use the service in a manner that complies with all laws applicable to you.
You agree not to disclose your password to any third party.
You are responsible for maintaining the confidentiality of the username / phone number and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username / phone number and password. You agree to (a) immediately notify Early of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Early will not be liable for any loss or damage arising from your failure to comply with this provision.
Rights You Grant Us
In order to operate our Services, you may need to link your financial institution accounts in the App. We partner with third parties that allow us to access your account information and transaction history (collectively “Account History”) using the login and password information you supply to us for each third party institution you want to link with the Services. In order to provide you with the services, we may store your Account History in our databases.
You hereby permit and authorize Early Finance Inc. a limited power of attorney. You appoint Early Finance Inc. as your agent and attorney, to access, review and use your Account History with full power and authority, but only to act for and on your behalf with Third Party Providers. YOU ACKNOWLEDGE AND AGREE THAT WHEN EARLY IS ACCESSING YOUR USER CREDENTIALS, ACCOUNT HISTORY AND ACCOUNT INFORMATION, EARLY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY.
Not a Financial Planner, Broker or Tax Advisor
EARLY DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE MOBILE APP, WEBSITE OR SERVICES. EARLY IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. EARLY ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. EARLY WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. EARLY DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, EARLY IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND EARLY IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. EARLY IS NOT LIABLE FOR ANY THIRD-PARTY RELIANCE ON ALERTS.
Overview of Services
Early offers a variety of services and features collectively referred to in this Agreement as the “Services.”These Services include:
Personal Financial Management Services – A suite of services and features that can assist you in managing your budget.
Advance Service – Free advances of funds to help you cover expenses that may cause an overdraft in your bank account to help you avoid overdraft fees.
The Personal Finance Management Services
1. Early offers users custom financial management services. With our personal financial management services, you can see how you spend your money and in what categories.
2. Membership Fee
There is a 30 day free trial to use Early. Aftter the free trial period, Early charges a $2.99 monthly membership fee (“Membership”) to access The Personal Financial Management Services. Early deducts the Membership from your linked debit or credit card or connected bank account. Until service is canceled, the fee will be charged regardless of the usage of Early. You may pause or cancel your membership by contacting us. If the Membership charge fails, by agreeing to these terms, you authorize Early to process any failed or missed Membership charges together with the following month's Membership. Should all attempts fail, Early reserves the right to charge the fee from another one of your connected checking accounts or debit card. You will be billed for your first Membership on a monthly basis. You may either pause your subscription through the Mobile App or notify us by email at firstname.lastname@example.org if you do not want to renew your subscription.
The Advance Service
1. Overview of the Advance Service
Early offers advances based on your anticipated income (each, an “Advance”) as part of its “Advance Service.”. The maximum Advance amount is generally $100 per user payment cycle. We reserve the right to adjust Advance amounts and our eligibility criteria at any time. All Advances are free, however, choose to make voluntary payments referred to as ‘Tips’ in appreciation of the Advance Service provided.
2. Express Fees
You may request that Early expedite disbursement of your Advance by paying an optional fee (the “Express Fee”). While you can generally receive an Advance within three (3) business days depending on processing times, if you choose to pay the Express Fee, we will use a faster delivery method that will deliver the Advance to you within 8 hours. The amount of the Express Fee is determined by the amount of your Advance:
Advance Amount Express Fee
$5.00 to $20.00 $1.99
$20.01 to $70.00 $3.99
$70.01 to $100.00 $6.99
When you request an Advance and are given the option to expedite disbursement of the Advance, we will disclose the amount of the Express Fee within the app to you before you make your selection. The Express Fee is payable at the time you repay the Advance.
3. Advance Repayment
Each Advance is repayable in one installment. We reserve the right to charge your Linked Account, debit or credit card for Advance repayment any time after the later of: (1) we see evidence of income (such as a paycheck) deposited into your Linked Account, or (2) the payback date selected by you through the Mobile App. However, Early warrants that it has no legal or contractual claim against you based on a failure to repay an Advance, but Early will not provide you further Advances while any amount remains unpaid under the Advance Service. With respect to a failure to repay an Advance, Early warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. Early does not waive any rights regarding fraudulent activity, and Early will pursue instances of fraud.
Although Early is helping users avoid overdraft fees, it is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your Linked Account. Early monitors your balance and will attempt to ensure you have sufficient funds before debiting your account, but Early makes no warranties that an overdraft will not occur.
Tips, Express Fees and the Subscription Fee are non-refundable.
CREDIT AND DEBIT AUTHORIZATION
If you enroll in the Early membership, you authorize Early to electronically debit your Payment Method for the $2.99 Subscription Fee once each month. As applicable, you also authorize Early to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for the Subscription Fee that would vary in amount from a previous Subscription Fee, but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than $2.99. (Our policy is that no single debit will exceed $2.99, so we expect not to provide you with advance notice of each ongoing debit from your Payment Method.)
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for electronic fund transfer (“EFT”) and debit or credit card transactions as provided herein and will remain in full force and effect until you notify Early that you wish to revoke this authorization by emailing email@example.com. You must notify Early at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you email, please include the name and telephone number associated with your user account. Failure to provide correct and complete information may make it impossible for Early to stop withdrawal of the preauthorized transaction.
You agree to indemnify and hold Early harmless from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If Early was notified about your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Early will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. 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 failure to do so.
You warrant and represent to Early that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. If you have a joint Linked Account, you represent and warrant that you have the authority to (a) bind the absent account holder; and (b) enter into this Agreement independently. You agree to indemnify and hold Early harmless from any claims by any other owner of the Linked Account.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
Early retains all proprietary rights in the Services. The Services contains the copyrighted material, trademarks, and other proprietary information of Early, and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Early is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Early and for Early’s Members' use only.
We may provide links to third party websites, and some of the content appearing on Early may be supplied by third parties. Early has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.
You agree not to:
Use our Services to connect to a third party that you are not legally authorized to access.
Copy or capture, or attempt to copy or capture, any content from the Services (the “Content”) or any part of the Services.
Use any Content in any way that is designed to create a separate content service or that replicates any part of the Services’ offering.
Employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
Employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Services.
Alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than Your Content).
You must not, and must not permit any third party to, copy or adapt the object code of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content.
You must not deliberately impersonate any person or otherwise misrepresent your affiliation with a person, for example, by registering an account in the name of another person.
You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
You agree to comply with the above conditions, and acknowledge and agree that Early has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
Our Services, Websites may be interrupted from time to time for a variety of reasons, including, but not limited to:
Maintenance, update, repair of Services, Websites
Network issues or system failures
Failure in software or hardware
Restrictions on Use of Materials
You acknowledge that Early contains images, text, data, photos, articles and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under copyright laws, and Early owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Services are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer / mobile device, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer / mobile environment is strictly prohibited unless you receive our prior written consent.
We reserve the right to cancel or suspend your access to our Services at any time, without warning or responsibility, for any reason, including, but not limited to violation of these Terms of Service.
All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you wish to terminate the Terms of Service or your Early account, you may simply discontinue using the Services.
Limitation of Liability
In no event shall Early be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Services, or use thereof. Nothing contained in this Services or in any written or oral communications from Early or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the services provided by employees of the Services are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Early makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Services’ content or that the functionality of the Services will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Services is at your sole risk. UNDER NO CIRCUMSTANCES SHALL EARLY, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, EVEN IF EARLY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL EARLY HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF EARLY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Early and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, the Services shall be limited to monetary damages that in the aggregate may not exceed the greater of one hundred dollars ($100) or the sum of any amount paid by the Member or user to Early during the six months prior to notice to Early of the dispute for which the remedy is sought.
You agree to indemnify and hold Early Finance Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
a. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Services, Websites, and/or your making available thereof to other users of the Services, Websites, and/or the actual use of Your Content by other users of the Services, Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
c. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of Early.
These terms shall be governed by the laws of Canada excluding its conflicts of law rules.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org