SAWA CREDIT BUILDING CARD
privacy notice
Sawa is a technology company and not a bank.
Banking services are provided by Regent Bank, Member FDIC
sawa credit building card
Smartcard agreement
SMARTCARD AGREEMENT
IMPORTANT – PLEASE READ CAREFULLY. THIS SMARTCARD AGREEMENT (AS DEFINED
BELOW) CONTAINS AN ARBITRATION AGREEMENT REQUIRING ALL CLAIMS TO BE RESOLVED
BY WAY OF BINDING ARBITRATION. THE ARBITRATION AGREEMENT DOES NOT APPLY TO
INDIVIDUALS COVERED BY THE FEDERAL MILITARY LENDING ACT (10 U.S.C. § 987, and its
implementing regulations). When you are presented on the Platform with the Electronic Consent
Arbitration Agreement, you agree to such terms. When you are presented on the Platform with the
Important Information About Your Smartcard, Credit Account Agreement, Your Billing Rights, Deposit
Account Agreement, General Terms, Security Agreement, and Optional Authorization for Automatic
Payments (the “Optional Authorization”), you acknowledge receipt of such terms. When you submit your
application for the Smartcard and accept our offer of the Smartcard on the Platform (if we offer you a
Smartcard), you acknowledge and agree to all the terms of the Smartcard Agreement, including the
Optional Authorization if you authorize such payments.
TABLE OF CONTENTS.
The Smartcard Agreement includes all of the following:
●Consent to Electronic Signatures, Communications, and Statements (“Electronic Consent”)
●Important Information About Your Smartcard
●Credit Account Agreement (“Credit Account Agreement”)
A. Promise to Pay
B. Available Credit On Your Card
C. Use of Your Card
D. Cash Withdrawals
E. Payments, Billing Cycles, and Periodic Statements
F. Interest and Fees
G. Default and Remedies
H. Liability; Authorized and Unauthorized Use
●Your Billing Rights: Keep This Document For Future Use (“Your Billing Rights”)
●Deposit Account Agreement
I. Deposit Account Generally
J. Interest Information
K. Deposits to Your Deposit Account
L. Withdrawals from the Deposit Account
M. Funds Availability
N. Electronic Funds Transfer Disclosures
O. Wire Transfer Services
P. Instant Payments
Q. Miscellaneous
●General Terms
●Security Agreement
●Optional Authorization for Automatic Payments
●Arbitration Agreement
CONSENT TO USE OF ELECTRONIC SIGNATURES,
COMMUNICATIONS, AND STATEMENTS
This Consent to Use of Electronic Signatures, Communications, and Statements is part of the Smartcard
Agreement.
Introduction. In order to apply for a Credit Account and Deposit Account (the “accounts”), you must
consent to the use of electronic signatures and electronic records for all transactions with us and for all
agreements, disclosures, notices and other Communications (as defined below) relating to those
transactions (the “Electronic Consent”). Once you have given your consent, we may deliver or make any
of the documents or Communications available to you by posting them in the Platform App and sending
you an email notification when they become available.
Your Legal Rights. Certain laws require us to provide specific information to you in writing, which means
you have a right to receive that information on paper. We may provide such information to you
electronically if we first obtain your consent to receive the information electronically. Your consent will also
apply to any other person named on your accounts, product or service, subject to applicable law.
Your Consent to Electronic Signatures. By accepting this Electronic Consent, you understand that: (i)
electronically signing and submitting any document(s) to us legally binds you in the same manner as if
you had signed in a non-electronic form, and (ii) the electronically-stored copy of your signature, any
written instruction or authorization and any other document provided to you by us is considered to be a
true, accurate and complete record, and legally enforceable in any proceeding to the same extent as if
such documents were originally generated and maintained in printed form. By accepting this Electronic
Consent, you also acknowledge and agree that you have read, understand and agree to all the terms of
this Electronic Consent, can access the Communications in electronic form, affirmatively consent to the
use of electronic signatures and electronic records, and have an active email account. You agree not to
contest the admissibility or enforceability of our electronically stored copy of this Electronic Consent and
any other documents.
Your Consent to Electronic Communications. To the fullest extent permitted by law, this Electronic
Consent, account statements, notices, legal and rate disclosures for your accounts, updates and changes
to this Electronic Consent, or other service agreements and other communications (collectively referred to
as “Communications”) from us to you regarding your accounts and related services with us may be
provided to you electronically, and you consent and agree to receive all those communications in an
electronic form. Electronic Communications may be posted on the pages within the Platform App and/or
delivered to your email address. You may print a paper copy of or download any electronic
Communication and retain it for your records. All Communications in electronic format will be considered
to be “in writing,” and to have been received on the day of posting, whether or not you have received or
retrieved the Communication. We reserve the right to provide Communications in paper format. You may
withdraw your consent to electronic Communications by contacting Sawa Credit Inc. (“Platform). A
withdrawal of your consent will not become effective until we have received and have had a reasonable
period of time to implement it. A withdrawal of your consent does not affect the legal effectiveness, validity
or enforceability of any transactions, electronic signatures or electronic records of any Communication
entered into, provided or made available before that withdrawal becomes effective. Your consent to
receive Communications electronically is valid until your revocation of consent becomes effective. If you
revoke your consent to receive Communications electronically, Platform will terminate your right to use
the Platform App and we may terminate the accounts and related services. You accept all liability for any
losses, cost, damages and expenses resulting from such termination to the extent permitted by law.
Your Review of Communications. Please review promptly all Communications we deliver or make
available to you. If Communications are mailed to you, they will be delivered to you at the postal address
shown in our records. If Communications are sent to you electronically, they will be delivered to you at the
email address shown in our records or made available to you on the Platform App. If Communications are
mailed to you, they will be delivered to you at the postal address shown in our records. We will retain
printable versions of your account statements for seven (7) years or longer periods as may be required by
applicable law. You agree to give us and Platform notice of any change of your postal or email address. If
you fail to update or change an incorrect email address or other contact information, you understand and
agree that any Communication shall nevertheless be deemed to have been provided to you if it was made
available to you in electronic form in the Platform App or you were provided email notification of its
availability.
Hardware and Software Requirements. To access and retain electronic records of the
Communications, you must use computer hardware and software that meets the following requirements:
a Current Version (defined below) of an Internet browser we support; a connection to the Internet; a
Current Version of a program that reads and displays PDF files (such as Adobe Acrobat Reader); and a
computer or mobile device or other electronic device with an operating system capable of supporting all of
the above. By "Current Version," we mean a version of the software that we support and that is currently
being supported by its publisher. To print or download electronic records of Communications, you must
have a connected printer or sufficient space on a long-term storage device.
IMPORTANT INFORMATION ABOUT YOUR SMARTCARD
This “Important Information About Your Smartcard is part of your Smartcard Agreement. Smartcard
(“Card”) is a single card that functions as both a secured charge card and debit card. The Card is issued
by Regent Bank (“Bank”) pursuant to a license from Mastercard.
DEBIT CARD CASH WITHDRAWALS
Cash Withdrawal Fee N/A
Cash Withdrawals: You may use your Card to obtain cash withdrawals at automated teller machines
(“ATMs”) that bear the Mastercard(r) Mark, as permitted by the ATM operator. If you use your Card to
obtain cash at an ATM, the transaction will not be a cash advance or a loan from your Credit Account.
Instead, the transaction will be processed as a cash withdrawal from your Deposit Account. In that regard,
your Card functions as a debit card. As a result, you will not build credit with respect to ATM cash
withdrawals. Each time you use your Card to obtain cash from an ATM, you may be assessed a
transaction fee by the ATM operator. Cash access methods other than through an ATM, such as over the
counter transactions or at point of sale, may not be available. Except for cash withdrawal transactions,
your Card functions as a charge card that accesses a line of credit.
CREDIT ACCOUNT OPENING DISCLOSURES
Interest Rates and Interest Charges
Paying Interest We will not assess any interest on any Credit
Account balance.
Fees
Annual Fee N/A
Transaction Fees
●Foreign Transaction N/A
Penalty Fees
●Late Payment
●Returned Payment
N/A
N/A
Billing Rights: Information on your rights to dispute credit transactions on your Credit Account and how
to exercise those rights is provided below in the document entitled, “Your Billing Rights: Keep This
Document For Future Use.” Information on your rights to dispute cash withdrawal transactions from your
Deposit Account is provided in Section F of your Deposit Account Agreement.
Military Lending Disclosures: Federal law provides important protections to active-duty 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 Account). To hear this same disclosure and for a general description of your payment obligations
for this Credit Account, call the following toll-free number (800) 420-6153.
Security Interest in Deposit Account: In the Security Agreement below, you grant to us a security
interest in all right, title, and interest in the Deposit Account, and all funds deposited therein, now owned
or hereinafter acquired, to secure your performance under the Credit Account Agreement.
CREDIT ACCOUNT AGREEMENT
This Credit Account Agreement is part of the Smartcard Agreement. Sawa Credit Inc. (“Platform”) is
providing you this Credit Account Agreement (the “Credit Account Agreement”) to you on behalf of Regent
Bank (“Bank”), a member of the Federal Deposit Insurance Corporation (“FDIC”). The Credit Account
Agreement is an agreement between you and us governing the use of your Card as a charge card that
accesses a line of credit account issued by us (your “Credit Account”). The Bank is the provider of the
Credit Account. "You" and "Your" means any person who executes this Credit Account Agreement by
accepting, accessing, or otherwise using the Card, and any person responsible for paying back all
amounts you owe us under this Credit Account Agreement. "We", "us", "our", and "Bank" means Regent
Bank, our successors, affiliates, or assignees. “Card” means the Smartcard issued by us and all
replacements provided to you.
Access to your Credit Account and the services under this Credit Account Agreement are available only
through the website and/or phone application (collectively, the “Platform App”) of Sawa Credit Inc.
(“Platform”). Platform is responsible for making the Platform App available to you. You should review your
agreement with Platform for a complete list of services available. For a list of the services enabled and
made available to you by the Platform, please visit the Platform App. This Smartcard Agreement includes
the Bank’s Privacy Policy and the Platform’s Privacy Policy, which are available on the Platform App.
Access to your Credit Account and the services offered under this Credit Account Agreement shall be
accessed through the Platform App unless we notify you otherwise. YOU UNDERSTAND THAT BY
OPENING A CREDIT ACCOUNT THROUGH THE PLATFORM APP, YOU AUTHORIZE BANK TO
ACCEPT ALL INSTRUCTIONS PROVIDED TO BANK BY PLATFORM ON YOUR BEHALF.
By opening a Credit Account or using your Card or allowing someone else to use your Card, you agree to
the terms of this Credit Account Agreement. Please keep a copy of this Credit Account Agreement for
your records.
A. Promise to Pay
Payment of the Credit Account Balance on your periodic statement is due and payable in full when we
make your periodic statement available to you on the Platform (the (“Statement Date”), and you promise
to pay us the full Credit Account Balance no later than by the 21st calendar day after the Statement Date
set forth on such statement.
YOUR OBLIGATION TO PAY US BACK FOR ALL CARD TRANSACTIONS AND OTHER
OBLIGATIONS YOU INCUR UNDER THIS CREDIT ACCOUNT AGREEMENT IS SECURED BY YOUR
DEPOSIT ACCOUNT. IF YOU DO NOT PAY US BACK FOR ANY AMOUNT YOU OWE US AS
REQUIRED BY THIS CREDIT ACCOUNT AGREEMENT, WE MAY EXERCISE OUR RIGHTS WITH
RESPECT TO THE DEPOSIT ACCOUNT IN ACCORDANCE WITH APPLICABLE LAW AND YOU
MAY LOSE THE MONEY IN YOUR DEPOSIT ACCOUNT. PLEASE SEE THE SECURITY
AGREEMENT FOR MORE INFORMATION.
B. Available Credit on Your Card
Available Credit. The “available credit” on your Credit Account is the amount of credit that is available for
you to make Credit Account transactions at any given time. The available credit on your Credit Account at
any given time is equal to the “available balance” in your Deposit Account less your Credit Account
Balance.
Available Balance. The available balance in your Deposit Account at any given time is described in your
Deposit Account Agreement. In summary, the available balance in your Deposit Account is the amount of
money in your Deposit Account that is available for you to use. The “actual balance” in your Deposit
Account reflects the full amount of all deposits to your Deposit Account, less debit transactions that have
been posted to your Deposit Account. Your “available balance” is your actual balance less: (1) holds
placed on deposits; (2) debit transactions that have been authorized but are not yet posted; and (3) any
other holds, such as holds to comply with legal process. See your Deposit Account Agreement for further
description of your “available balance.” As the available balance in your Deposit Account changes, the
available credit on your Credit Account also changes to the same extent. For example, when funds from a
$100 deposit become available in your Deposit Account, the available credit on your Credit Account
would increase by $100 (assuming no other transactions at that time on your Deposit Account or Credit
Account). Similarly, when $100 is transferred out of your Deposit Account, the available credit on your
Credit Account would decrease by $100 (except for transfers to pay off your Credit Account Balance).
In that regard, if your transfer out of your Deposit Account is to pay off your Credit Account Balance, your
available credit would not change. For example, if you have an available balance of $500 in your Deposit
Account and a $100 Credit Account Balance, then you have $400 of available credit on your Credit
Account (still assuming no other transactions at that time on your Deposit Account or Credit Account). If
you then transfer $100 out of your Deposit Account to pay off your Credit Account Balance of $100, you
would still have $400 of available credit (as well as a $0 Credit Account Balance and $400 available
balance in your Deposit Account).
Credit Account Balance. Your purchase transactions (thereby increasing your Credit Account Balance)
decrease your available credit. Your Credit Account Balance reflects the full amount of purchase
transactions that we have authorized to be debited to your Credit Account. It does not reflect transactions
that you have authorized with a third party but have not yet been submitted to us. We may charge to your
Credit Account Balance the amount any merchant holds on the Card that we have authorized and any
other holds, such as to comply with the legal process. Pending transactions and holds also may cause
your Credit Account Balance to exceed your available credit during the time the transaction is pending or
a hold is in effect when other transactions may be charged to your Credit Account. An authorization hold
is not payment for an authorized transaction. The transaction is subsequently processed by the merchant
and submitted to us for payment. The release of the hold will be in the form of a credit to your Credit
Account for the amount of the original hold, and any payment submitted to us for payment by the
merchant will be debited to your Credit Account. We also may debit or credit your Credit Account Balance
in the amount of any necessary adjustment due to a chargeback or error or for any other reason.
Deposit Account Holds. When you make a transaction on the Credit Account, such as a purchase, an
equivalent amount of funds in the Deposit Account is placed on hold and classified as “Spent Money.”
The Spent Money will remain in your Deposit Account, but is placed on hold. You cannot withdraw money
classified as Spent Money. When you make a payment on your Credit Account from a Linked External
Account (as described in your Deposit Account Agreement), an amount of the Spent Money equal to the
amount of the payment will no longer be classified as Spent Money and will become available for use in
your Deposit Account once we have confirmed receipt of your payment. You agree not to use your Credit
Account and Deposit Account in any way that would cause the Credit Account Balance to exceed the
available balance in your Deposit Account. We may refuse to authorize or accept any transaction on your
Credit Account or Deposit Account that would cause your Credit Account Balance to exceed the available
balance in your Deposit Account. You authorize us to limit your ability to withdraw or transfer all or part of
the funds in your Deposit Account, as reasonably necessary to preserve our rights under this Credit
Account Agreement.
Exceeding Available Credit. The aggregate of pending transactions on both your Credit Account and
Deposit Account may not exceed the available balance in your Deposit Account. We may decline any
transaction that may cause you to exceed your available credit. If you make a transaction that causes you
to exceed the available credit, you agree to immediately make a payment on your Credit Account, or
make a deposit to your Deposit Account, such that you no longer exceed your available credit. Even if we
have permitted you to exceed your available credit before, we are not required to do so again in the
future. We may determine the amount of available credit for the purpose of deciding whether a transaction
will cause you to exceed your available credit only once or at any time between the time you authorize the
transaction and when we decline the transaction or send a notice of the declined transaction.
Payment Processing Times. We reserve the right not to increase your available credit by the amount of
any payment received from your Linked External Account to pay off your Credit Account Balance until we
have confirmed receipt of the funds from your Linked External Account.
Posting Available Credit. You can use the Platform App to view the amount of your available credit at
any time. You are responsible for keeping track of your Credit Account Balance and available credit.
Access to Your Deposit Account. Your Deposit Account is accessible through the Platform App on your
mobile phone or other electronic device or by using your Card to make a cash withdrawal. You also may
make withdrawals and transactions from your Deposit Account, in accordance with your Deposit Account
Agreement, by initiating permitted transactions on the Platform App. You cannot make withdrawals from,
or deposits to, your Deposit Account at branch locations, by telephone, or at the point of sale. You cannot
make deposits to your Deposit Account at ATMs. You can use your Card at ATMs to withdraw funds from
your Deposit Account.
C. Use of Your Card
Permitted Use. Your Card can be used to buy or lease goods or services wherever the Card is honored.
You may be able to establish recurring periodic billing arrangements with merchants. In that regard, it is
your responsibility to ensure such merchants are provided with current Card information. If your Card
information changes, such as a change in Card number or Card expiration date, you consent to our
providing such new Card information, in our discretion, to any or all such merchants, but we are not
obligated to do so. If your Credit Account is closed or your Credit Account or Card privileges are
suspended or terminated, you understand that you may need to contact the applicable merchant(s) to
ensure that automatic payments stop.
You may use your Card to obtain cash withdrawals at automated teller machines (“ATMs”) that bear the
Mastercard(r) Mark, as permitted by the ATM operator. If you use your Card to obtain cash at an ATM,
the transaction will not be a cash advance or a loan. Instead, the transaction will be processed as a cash
withdrawal from your Deposit Account. Each time you use your Card to obtain cash from an ATM, in order
to effect the processing of such transaction, you authorize us to debit your Deposit Account by the
amount of the withdrawal, plus applicable fees. Therefore, your available balance, and available credit,
will decrease by the amount of the withdrawal, plus applicable fees, but your Credit Account Balance will
not be affected by the withdrawal transaction.
You may not use your Credit Account for balance transfers.
Spending Limits. There are transactional (dollar) limits per day imposed on your Credit Account. The
transactional limits imposed on your Credit Account are provided in the table below. These limits are the
maximum amounts that you can spend with your Credit Account per day and are subject to periodic
review and to change based on your Credit Account history and activity, Deposit Account history and
activity, Platform’s reviews, and other factors. We reserve the right to allow you to transact higher volume
than the limits defined herein at any time without prior notice. Because of the limitations imposed by some
ATMs and in the event of equipment failure or unavailability, you may not be able to withdraw or to access
credit even though you have not exceeded these limitations. The daily period to which the transactional
limits apply shall commence at 12:00 Midnight (Pacific Time) on each day and end at 12:00 Midnight
(Pacific Time) on the following day. For transactional (dollar) limits on ATM cash withdrawals from your
Deposit Account using your Card, see Section D of your Deposit Account Agreement.
Transaction Type Dollar Limit per
Day
Dollar Limit per
Week
Dollar Limit per
Month
Dollar Limit per
Year
Points of Sale
(Merchant)
Transactions
(Credit Account)
10/$500 20/$2500 40/$10,000 400/$100,000
Other Transaction Limits. For security reasons, there are limits on the number, amount, frequency, and
type of transactions you can make using your Card. Similarly, there are limits on your ability to use your
Card with certain merchants or terminals. To protect the security of your Card, others’ accounts, and
systems, we may or may not disclose some or all of these limits and any changes to these limits, unless
required by law. We may change these limits from time to time at our sole discretion. We will notify you of
any limits or changes to these limits if required by applicable law. Within our discretion, we may permit
you to make transactions in excess of these limits, but our permission to do so on one occasion does not
guarantee that we will allow a transaction in excess of the limits in the future.
Virtual Card. You may have the option of accessing your Card Account with, in addition to your physical
card, a virtual card represented by a 16-digit account number (“Virtual Card”). The Virtual Card may either
be single-use, meaning the 16-digit account number will expire after a single transaction, or recurring-use,
meaning you may use your 16-digit Account number for multiple transactions. You may not use your
Virtual Card to obtain cash anywhere.
Transactions Made in Foreign Currencies. If you make a purchase in a currency other than dollars, the
amount of the charge to your Card Account will be converted by Mastercard International Incorporated
into dollars. The exchange rate between the transaction currency and the billing currency used for
processing international transactions is a rate selected by Mastercard International Incorporated from the
range of rates available in wholesale currency markets for the applicable central processing date, which
may vary from the rate Mastercard International Incorporated itself receives, or the government-mandated
rate in effect for the applicable central processing date.
Card not Present Transactions. If you use the 16-digit Card number without presenting the Card in
person (such as for a mail order, telephone, or internet purchase), the legal effect will be the same as if
you had physically presented the Card itself. For security reasons, we may limit the amount or number of
such transactions you may make.
Digital Wallets. You can add your Card to a digital wallet by following the instructions of the digital wallet.
The digital wallet may not be accepted in all places where your Card is accepted. We may terminate the
ability for you to add the Card to a digital wallet at any time. You should contact the digital wallet provider
to remove a Card from the digital wallet. We can end or suspend your ability to use a Card with the digital
wallet at any time. You are solely responsible for maintaining the security of your digital wallet credentials
(including user identification, password or other access credentials). If you share these credentials with
any other person, you expressly authorize that person to have access to your personal information, to
access your Card Account and to initiate charges to your Card Account using the digital wallet service.
We currently do not impose a fee for using your Card with a digital wallet, but we reserve the right to
impose a fee in the future. Please note that a digital wallet provider or another third party enabling or
associated with your use of a digital wallet may charge a fee for using your Card with such digital wallet
service. We are not a provider of any digital wallet service that you may choose to use, and we are not
responsible for providing the digital wallet service to you. We are only responsible for supplying
information securely to the digital wallet provider to enable usage of the Card in such digital wallet. We
are not responsible for any failure of the digital wallet or the inability to use the digital wallet for any
transaction. We are not responsible for the performance or non-performance of the digital wallet provider
or any other third parties regarding any agreement you enter into with the digital wallet provider or
associated third-party relationships that may impact your use of the digital wallet. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT USE OF A DIGITAL WALLET SERVICE IS AT YOUR SOLE RISK,
AND WE ARE NOT RESPONSIBLE FOR THE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, OR ACCURACY. You agree that we may exchange your information with your digital
wallet provider, a payment network (e.g., Visa and Mastercard), and others in order to enable your use of
a digital wallet service, make information available to you about your Card transactions, and improve our
ability to offer our services in connection with a digital wallet service. We do not control how digital wallet
providers or other third parties use the information received in connection with digital wallet services, and
the use of such information is governed by such party’s privacy policy. We are not responsible for the
security of the information provided to any digital wallet provider or stored in a digital wallet. We are not
responsible if a security breach occurs that affects any information stored in, or sent from, a digital wallet.
Rewards. Your Card may provide you with the opportunity to earn rewards. If it does, we will separately
provide you with information and terms about the rewards.
D. Payments, Billing Cycles, and Periodic Statements
Payment Methods. You must pay in full the Credit Account Balance each month in U.S. dollars from a
U.S. deposit account. You must use one of the following payment methods to pay us:
From the Deposit Account: You may use the Platform App to authorize us to initiate a one-time
payment, or schedule recurring automatic payments, to us from your Deposit Account. You may authorize
recurring automatic payments of the Credit Account Balance from your Deposit Account each month by
signing the Optional Authorization for Automatic Payments set forth further below. If you do so, we will
debit the full amount of the Credit Account Balance from your Deposit Account at the same time we make
your monthly periodic statement available to you on the Platform.
ACH transfer from your Linked External Account: You may use the Platform App to authorize us to
initiate a one-time payment to us from a Linked External Account.
Your payment from your Deposit Account or Linked External Account is due and payable in full when we
make your monthly periodic statement available to you on the Platform (the “Statement Date”), and you
must make your payment no later than by the 21st calendar day after the Statement Date set forth on
such statement (see below for further information about your statements).
If you pay off your Credit Account Balance using your Deposit Account, your available credit on the Credit
Account will not increase. For example, if you have a $500 Credit Account Balance and a balance of
$1,000 in your Deposit Account, then at that time you would have $500 of available credit on your Card
($1,000 - $500). If you then pay off your Credit Account Balance by making a $500 payment from your
Deposit Account, you would have a $0 Credit Account Balance, a balance of $500 in your Deposit
Account, and available credit on your Credit Account in the amount of $500, the same amount of available
credit as before ($500 - $0).
If your payment from a Linked External Account is returned unpaid for any reason, you authorize us to re-
initiate the payment you authorized up to two additional times. We also may add the returned payment
amount back to your Credit Account Balance. We reserve the right not to increase your available credit by
the amount of any payment received from your Linked External Account to pay off your Credit Account
Balance until we have confirmed receipt of the funds from your Linked External Account. Payment
processing speeds can vary.
If you authorize us to make a payment on a day other than a business day, we will credit your payment as
of the date you authorize the payment but we may not initiate the debit to your payment account until on
or after the following business day. This may further delay access to additional available credit you would
receive for a payment from a Linked External Account until we have confirmed receipt of the funds from
your account.
Payments are first applied to any past-due amount (except any late fees), then to your current payment
due. Payments in excess of your payment due will be applied to any outstanding fees, then to your other
outstanding transactions. We may adjust your Credit Account Balance, Deposit Account balance, or
available credit as reasonably necessary to correct errors and process returned and reversed payments
and similar issues. We may reject and return any payment that creates any credit balance or transfer any
credit balance on your Credit Account to the Deposit Account. Any credit balance we allow will not be
available until we confirm that your payment has cleared. We may reduce the amount of any credit
balance by any new charges.
Billing Cycles and Periodic Statements. We will make available to you on the Platform a monthly
periodic statement that covers all activity on your Credit Account and Deposit Account during the previous
month’s billing cycle. The statement will provide a detailed listing of each of your Credit Account
transactions that make up your Credit Account Balance, the dates of such transactions, and your Credit
Account Balance that you must pay. You must pay your Credit Account Balance in full each month. The
Credit Account Balance (the amount you owe us) appears as the “Credit Account Balance” on the
statement. To determine the Credit Account Balance, we begin with the outstanding balance on your
Credit Account at the beginning of the monthly billing cycle, which we call the “Previous Balance” on the
statement. During the billing cycle, we then add any purchases (and any applicable fees) and subtract
any credits and payments. The statement also will provide your available credit and other important
information. We may discontinue sending billing statements to you regarding your Credit Account if we
deem your Credit Account to be uncollectible or if we sent your Credit Account to an attorney or other
third party for collection purposes.
The statement also will describe each credit or debit, including ATM cash withdrawals using your Card, on
the Deposit Account and the date of each such credit or debit.
Statements will be made available to you to view and/or print on the Platform App. We will send an email
notification when the statements are available online on a periodic basis at approximately monthly
intervals. You may view your statement by logging into the Platform’s website and/or mobile application.
Electronically delivered statements will provide all information that would be available in paper
statements. Statements will be considered to be correct unless you notify us, through the Platform, of any
errors within sixty (60) days of becoming available. Carefully review your statement each statement cycle
and notify us of any errors within sixty (60) days of your statement becoming available. We will not be
liable to you for any error that you do not report to us within that period of sixty (60) days. If you think your
statement is wrong or if you need more information about a transaction listed on it, please contact
Platform, at the customer service contact information set forth in the General Terms below. In making
such communication, you need to tell us: (i) your name and applicable account number(s); (ii) why you
believe there is an error and the dollar amount involved; and (iii) approximately when the error took place.
If you need more information about our error resolution process, contact customer service (at the
customer service contact information set forth in the General Terms below). For your Credit Account
transactions, this paragraph is subject to Section G of this Credit Account Agreement, and in the event of
any conflict between this paragraph and Section G regarding liability for unauthorized use, Section G will
apply. With respect to your Deposit Account transactions, including ATM cash withdrawals using your
Card, this paragraph is subject to Section Fof the Deposit Account Agreement, and in the event of any
conflict between this paragraph and Section F of the Deposit Account Agreement regarding electronic
fund transfers, Section F will apply.
E. Interest and Fees
We do not assess interest on any Credit Account balance. We do not charge any fees for the use or initial
issuance of the Card.
F. Default and Remedies
Events of Default. We may declare you to be in default under the Credit Account Agreement if any of the
following events occur: (i) you do not pay the Credit Account Balance within 21 calendar days after it is
due; (ii) any required payment you make is rejected, not paid or cannot be processed, and you have
otherwise failed to make the payment within 21 calendar days after it is due; (iii) you file or become the
subject of a bankruptcy or insolvency proceeding; (iv) you are unable or unwilling to repay your
obligations, including upon death or legally declared incapacity; (v) we determine that you made a false,
incomplete or misleading statement to us, or you tried to defraud us; (vi) you revoke your consent under
the “Consent to Electronic Signatures, Communications, and Statements” agreement to receive
Communications electronically; (vii) you do not comply with, or default under, any term of the Credit
Account Agreement or any other agreement with us; or (viii) we receive a garnishment, attachment or
other levy upon your Deposit Account, or the Deposit Account is subject to any other legal proceeding.
Consequences of Default. If you are in default, we may take any or all of the following actions, and any
other actions we have a right to take under applicable law, against you in accordance with applicable law,
without notifying you, unless applicable law says that we must give you notice: (i) close or suspend your
Card(s) and Credit Account; (ii) reduce your available credit; (iii) demand that you immediately pay the
Credit Account Balance; (iv) continue to charge you interest and fees as permitted by this Credit Account
Agreement as long as your Credit Account Balance remains outstanding; (v) declare you to be in default
under any other agreement you have with us and exercise our remedies under that other agreement or
this Smartcard Agreement; (vi) exercise our rights with respect to the Deposit Account pursuant to the
Security Agreement; (vii) file a lawsuit against you, or pursue another action that is not prohibited by law
or the Smartcard Agreement. If we file a lawsuit, you agree to pay our court costs, expenses and attorney
fees except to the extent applicable law does not allow us to collect these amounts from you.
G. Liability; Authorized and Unauthorized Use
Except as otherwise provided herein, to the fullest extent permitted by law, you are liable for all amounts
due under this Credit Account Agreement regardless of who receives the benefit associated with such
amounts due.
Unauthorized Use. You may be liable for the unauthorized use of your Credit Account that occurs prior to
you notifying us of such use. Your liability for such unauthorized use that occurs prior to you notifying us
will not exceed the lesser of $50.00 or the amount of money, property, labor or services obtained by the
unauthorized use. You will not be liable for unauthorized use that occurs after we receive your notification,
either by phone or in writing using our contact information set forth in the General Terms below or by
contacting us electronically using the Platform App, and we have had a reasonable opportunity to act on
such notice.
You agree to provide us your assistance to investigate why any such unauthorized use occurred, to
respond to our reasonable request for information related to the unauthorized use, to provide us
documents in a form we request (including an affidavit), and to correct the problem. In the case of any
unauthorized transaction claimed by you, you give us all of your rights against others regarding that
transaction. You will also: (i) give us any information about the disputed transaction, if we ask; (ii) not
pursue any claim with respect to the transaction amount from the merchant or any other person; and (iii)
help us pursue liability from others. You must identify for us the charges on the Credit Account that were
not made by you or someone authorized by you and for which you received no benefit.
Your liability for the unauthorized use of your Card to make cash withdrawals from your Deposit Account
is governed by Section F of your Deposit Account Agreement.
Mastercard Zero Liability. Under Mastercard Zero Liability Protection, you will not be held responsible
for unauthorized transactions if you have used reasonable care in protecting your Card from loss or theft,
and you promptly report the loss or theft to us. Mastercard Zero Liability applies to purchases made in
store, over the telephone, online or via a mobile device and ATM transactions. Mastercard Zero Liability
does not apply to certain Mastercard payment cards that are used for commercial purposes.
Authorized Use. You are responsible for all authorized transactions initiated with use of the Card or
Credit Account. You agree that unauthorized use does not include use by a person to whom you have
given authority to use the Card or Credit Account or any transaction from which you received a benefit.
You agree that you will be liable for all use by such a person until you notify us that such authority to use
the Card or Credit Account is no longer authorized and we have had a reasonably opportunity to act on
that notice, we will replace your Card and Credit Account subject to your payment of replacement fee
specified in this Credit Account Agreement.
Merchant Goods and Services. We are not responsible for the delivery, quality, safety, legality, or any
other aspect of the goods and services you purchase from merchants with the Card. Merchants have no
authority to make representations or warranties on our behalf, to bind us or to enter into any agreement
on our behalf. Except as otherwise permitted by applicable law, all disputes concerning those matters
should be addressed to the merchants from whom the goods and services were purchased.
This notice about “Your Billing Rights” is part of your Smartcard Agreement.
Your Billing Rights: Keep This Document for Future Use
This notice describes your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find a Mistake on Your Statement
If you think there is an error on your Statement, write to us at:
Sawa Credit Inc.
66 Franklin St. Suite #300
Oakland California, 94607
You also may contact us: support@sawa.money
In your letter, give us the following information:
●Credit Account information: Your name and Credit Account number.
●Dollar amount: The dollar amount of the suspected error.
●Description of problem: If you think there is an error on your Statement, describe what you
believe is wrong and why you believe it is a mistake.
You must contact us:
●Within 60 days after the error appeared on your statement.
●At least 3 Business Days before an automated payment is scheduled, if you want to stop
payment on an amount you think is wrong.
You must notify us of any potential errors in writing or electronically. You may call us, but if you do we are
not required to investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your notice, we must tell you that we received your notice. We will
also tell you if we have already corrected the error.
2.Within 90 days of receiving your notice, we must either correct the error or explain to you why we
believe the bill is correct.
While we investigate whether or not there has been an error:
●We cannot try to collect the amount in question, or report you as delinquent on that amount.
●The charge in question may remain on your statement, and we may continue to charge you
interest on that amount.
●While you do not have to pay the amount in question, you are responsible for the remainder of
your Credit Account Balance.
●We can apply any unpaid amount against your credit limit and available credit.
After we finish our investigation, one of two things will happen:
●If we made a mistake: You will not have to pay the amount in question or any interest or other
fees related to that amount.
●If we do not believe there was a mistake: You will have to pay the amount in question, along
with applicable interest and fees, if any. We will send you a statement of the amount you owe and
the date payment is due. We may then report you as delinquent if you do not pay the amount we
think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling
us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that
you are questioning your bill. We must tell you the name of anyone to whom we reported you as
delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question
even if your bill is correct.
Your Rights If You Are Dissatisfied with Your Charge Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your Card, and you have
tried in good faith to correct the problem with the merchant, you may have the right not to pay the
remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current
mailing address, and the purchase price must have been more than $50. (Note: Neither of these
is necessary if your purchase was based on an advertisement we mailed to you, or if we own the
company that sold you the goods or services.)
2. You must have used your Card for the purchase. Purchases made with cash withdrawals from
your Deposit Account from an ATM do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or
electronically at:
Sawa Credit Inc.
66 Franklin St. Suite #300
Oakland California, 94607
You also may contact us: support@sawa.money
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish
our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not
pay, we may report you as delinquent.
DEPOSIT ACCOUNT AGREEMENT
This Deposit Account Agreement is part of your Smartcard Agreement. Sawa Credit Inc. (“Platform”) is
providing this Consumer Interest Checking Deposit Account Agreement (this “Deposit Account
Agreement”) to you on behalf of Regent Bank (“Bank”), a member of the Federal Deposit Insurance
Corporation (“FDIC”). The Bank is the provider of the interest-bearing checking Deposit Account (the
“Deposit Account”). As used in this Agreement the words “we”, “our”, and “us” refer to Bank, our
successors, affiliates, or assignees, and the words “you” and “your” refer to you, the individual, and the
Deposit Account holder, who agrees to be bound by this Agreement, as well as anyone else with the
authority to deposit, withdraw, or exercise control over the funds in the Deposit Account and anyone else
that you authorize to use the Deposit Account.
The Deposit Account is provided only in connection with the Credit Account Agreement and a Credit
Account (as each are described in the above Credit Account Agreement). Access to your Deposit Account
and the services under this Deposit Account Agreement are available only through Platform App and only
as part of the Smartcard Agreement. You may only use the Deposit Account for personal, family or
household purposes, and we may close the Deposit Account if we determine the Deposit Account is being
used for business purposes.
In order to link a Linked External Account (as further described below) to your Deposit Account, you may
be required to provide certain information about your Linked External Account to our service provider,
Plaid, or its successor, and may be required to accept such service provider’s additional terms and
conditions in order to use this feature. You may review Plaid’s Privacy Policy here.
Access to your Deposit Account and the services offered under this Agreement shall be accessed through
the Platform App unless we notify you otherwise. YOU UNDERSTAND THAT BY OPENING A DEPOSIT
ACCOUNT THROUGH THE PLATFORM APP, YOU AUTHORIZE BANK TO ACCEPT ALL
INSTRUCTIONS PROVIDED TO BANK BY PLATFORM ON YOUR BEHALF.
Truth In Savings Disclosures
Initial Deposit and Balance There is no initial deposit or minimum balance
required to open this Deposit Account.
Interest Rate 50% of Fed Funds
Annual Percentage Yield (“APY”) 50% of Fed Funds
Fees to Bank There are no fees charged by the Bank for this
Deposit Account.
Cash Withdrawal Fee N/A
Transaction Limitations
The transaction limitations for your Deposit
Accounts are set forth in Sections C and D of this
Deposit Account Agreement.
Additional Fee Disclosure
As noted above, you are not responsible for
paying any fees to the Bank for holding this
Deposit Account. You may be responsible for
paying fees to the Platform as provided in your
agreement with Platform. You should refer to your
agreement with Platform to understand how fees
are charged.
This is an interest-bearing Deposit Account. You may deposit any amount after you open the Deposit
Account. The interest rate and APY are correct as of today’s date, but are subject to change at any time
in our discretion, as further described in Section B.
A. Deposit Account Generally
Deposit Account. The Deposit Account consists of an interest-bearing checking Deposit Account used to
hold your deposits and make payments and transfers to and from the Deposit Account. You will access
your Deposit Account via the Platform App or using your Card for cash withdrawals at ATMs. You may
open a Deposit Account only in connection with opening a Credit Account.
Eligibility. The Deposit Account is available to consumers who are citizens, permanent residents or non-
permanent resident aliens in the United States on a valid long-term visa, at least eighteen (18) years of
age, and with a valid Social Security Number or a Tax Identification Number. All deposits and withdrawals
must be in U.S. dollars.
TIN/Backup Withholding. We are required by federal law to obtain your correct taxpayer identification
number (TIN) in order to avoid potential backup withholding and to report any interest income paid to you
in connection with your Deposit Account. If you are subject to backup withholding or if the Internal
Revenue Service (IRS) notifies us that we do not have a correct TIN for you, we may be required to
withhold and remit to the IRS a percentage of interest paid (backup withholding) to your Deposit Account.
Amounts withheld are reported to the IRS as federal tax withheld and will be reflected on your IRS Form
1099-INT, Interest Income. A TIN may be your Social Security Number if your Deposit Account is in your
name and you are either a U.S. citizen, permanent resident, or otherwise eligible to receive an SSN.
Fee Disclosure. We do not charge any fees for the deposit account.
Deposit Account Titling and Ownership. The Deposit Account may be owned and titled in the name of
one (1) person who shall solely retain the right to direct the deposit or transfer of funds. The Deposit
Account cannot be owned and titled jointly, or as Payable on Death (“POD”) or “In Trust For” (“ITF”).
Internet Gambling; Illegal Transactions. We may, but are not required to, deny authorization for any
internet gambling transactions. You agree not to use your Deposit Account or our services for online
gambling or any illegal activity. We may refuse to process any transaction that we believe may violate the
terms of this Deposit Account Agreement or applicable law. You acknowledge and agree that we have no
obligation to monitor, review or evaluate the legality of your transactions and Deposit Account activity.
You agree that using our services or your Deposit Account or Card for illegal activity will be deemed an
action of default and/or breach of contract and, in such event, our services and/or your Deposit Account
may be terminated at our discretion. You further agree that should illegal use occur, you waive any right
to sue us for such illegal use or any activity directly or indirectly related to it, and you agree to indemnify
and hold us harmless from any suits, legal action, or liability directly resulting from such illegal use. To the
fullest extent permitted by law, you agree to pay for any transaction that you authorized, even if that
transaction is determined to be illegal.
Freezes, Blocking or Closing Deposit Accounts Due to Irregular or Unlawful Activities. You agree
that if we suspect that any irregular, unauthorized, or unlawful activity may be occurring in connection with
your Deposit Account or Card, we may “freeze” or place a hold on the balance in the Deposit Account
pending an investigation of such activities. If we freeze your Deposit Account, we will give any notice
required under the circumstances by the laws governing the Deposit Account. If our investigation confirms
our suspicions of irregular, unauthorized, or unlawful activity then, notwithstanding anything to the
contrary in this Agreement, we may immediately close your Deposit Account and the Credit Account and
your Card, if necessary, to comply with applicable law. You agree that we may also freeze, block, or close
your Deposit Account and Credit Account as necessary in order to comply with regulations issued by the
United States Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
B. Interest Information
Your Deposit Account will bear interest as described in this section.
Rate Information. The initial interest rate and APY for the Deposit Account appear in the Deposit
Account Opening Disclosures. This is a variable rate Deposit Account. We may, at our discretion, change
the interest rate and APY for your Deposit Account at any time; this may be changed daily. Platform will
notify you of any change in the interest rate and APY for your Deposit Account by posting the new interest
rate on the Platform App.
Accrual of Interest. Interest begins to accrue no later than the business day the deposit is credited to
your Deposit Account. Interest will be compounded daily and credited to your Deposit Account on a
monthly basis. Deposit Account interest is calculated using the daily balance calculation method. This
method applies a daily periodic rate to the principal balance in the Deposit Account each day. There are
no minimum or maximum balance restrictions on your Deposit Account with respect to accrual of interest.
Forfeit of Uncredited Interest. If you close your Deposit Account after interest has accrued but before it
is credited to your Deposit Account, you will forfeit that interest, and it will not be credited to your Deposit
Account.
C. Deposits to Your Deposit Account
Deposits to the Deposit Account. You can make deposits into your Deposit Account using any of these
methods (if enabled by the Platform):
Transaction Type
Frequency and
Dollar
Amounts/Per Day*
Frequency and
Dollar
Amounts/Per
Week*
Frequency and
Dollar
Amounts/Per
Month*
Frequency and
Dollar
Amounts/Per
Year*
Direct deposits or
Automated
Clearing House
(“ACH”) transfers
initiated from an
outside financial
institution
10/$500 20/$2500 40/$10,000 400/$100,000
Wires initiated
from an outside
financial institution
N/A N/A N/A N/A
ACH transfers
(debit) initiated
from us or a
Linked External
Account
10/$500 20/$2500 40/$10,000 400/$100,000
Deposits using an
external debit or
credit card from
an outside
financial institution
10/$500 20/$2500 40/$10,000 400/$100,000
Remote Deposit
Capture (RDC)
10/$500 20/$2500 40/$10,000 400/$100,000
Internal Transfers 10/$1000 20/$4000 40/$10,000 400/$100,000
Instant Account Funding*
* The limits included here are the highest limits allowed for transactions. However, we reserve the right to
allow you to transact higher volume than the limits defined herein at any time without prior notice. In
certain cases, for security reasons, we may lower your limits upon notice to you at the time you attempt to
initiate a transaction. Limits for Instant Account Funding are described in Section H below.
Linking External Accounts. If enabled by Platform for your Deposit Account, you may link your Deposit
Account with us or an external account at a third-party financial institution (“Linked External Account”) for
online transfers between your Deposit Account(s) and your Linked External Account. If enabled by
Platform for your Deposit Account, you may link an account with your Deposit Account by (i) logging into
your financial institution on the Platform App, or (ii) by providing the account and routing details for the
external account and verifying the two (2) micro deposits we send to your external account the next
business day. We may also verify your control of the external account by requiring you to submit proof of
ownership of the external account(s). All Linked External Accounts must be with financial institutions in
the United States. We may decline the use of any external account that we believe may present a risk to
you and/or us. By linking your external account to your Deposit Account, and by subsequently logging into
your Linked External Account(s) through the Platform App, you authorize us to view your Linked External
Account history and profile, including, but not limited to, your Linked External Account and routing details,
authentication details, balance, transaction history, contact information, and other related information
made available by such external financial institution; and you understand this information may be used to
transact on your behalf and perform other services subject to our Privacy Policy. When adding an external
account, you represent and warrant that you are the owner of, and have the right to access, use and
authorize us to use the external account for information and funds transfer purposes. If any of your Linked
External Accounts has a joint account holder, you represent and warrant that the joint account holder has
consented for you to represent both you and them, and to use the Linked External Account with the
Platform services. If you do not have such consent, you should not use that external account and we will
terminate your use of the linking service if we are notified of such a situation. If you close any of your
Linked External Accounts, you are responsible for removing it as Linked External Account eligible for the
linking service to avoid any transaction failure and possible charges related to a failed transaction. We are
not responsible for any acts or omissions by the external financial institution or other provider of any
Linked External Account, including, without limitation, any modification, interruption, or discontinuance of
any Linked External Account by such financial institution, service provider or Platform. In our discretion,
we may limit the number of Linked External Accounts linked to your Deposit Account at any single time,
block any transactions requested between your Deposit Account and Linked External Account, or
terminate the link to the Linked External Account. In order to link a Linked External Account to your
Deposit Account, you may be required to provide certain information about your Linked External Account
to our service provider, Plaid, or its successor, and may be required to accept such service provider’s
additional terms and conditions in order to use this feature.
Direct Deposits. If enabled by Platform for your Deposit Account, your Deposit Account number and
bank routing number may be used for the purpose of initiating direct deposits to your Deposit Account.
The Deposit Account number and recipient’s name on any direct deposit we receive must match your
name. Any direct deposit received in a name other than the name registered to the Deposit Account will
be returned to the originator. If your Deposit Account number changes you must immediately notify your
employer or any other payors. You must provide them with the new Deposit Account number to ensure
that your direct deposit activity continues uninterrupted. If you have arranged to have direct deposits
made to your Deposit Account at least once every sixty (60) days from the same person or company, you
can contact Platform at the customer service contact information set forth in the General Terms below to
find out whether or not the deposit has been made.
Deposit Account Funding with Cards. If enabled by Platform for your Deposit Account, you may fund
your Deposit Account with your debit or credit card from an outside financial institution. To fund your
Deposit Account using a credit or debit card you must have either (i) a credit card issued by a U.S.-based
bank or financial institution bearing the trademark of MasterCard International Inc. (“MasterCard”), Visa
Inc. (“Visa”), or DFS Services, LLC (“Discover”), or (ii) a valid debit card issued by a U.S.-based bank or
financial institution bearing the Visa, MasterCard or Discover logo. If enabled by Platform for your Deposit
Account, you may use one of those debit cards to fund your Deposit Account in Instant Account Funding
transactions, which are further described in Section H below.
You may not use prepaid cards or gift cards with your Deposit Account. Please keep your card
information current. If your card number changes or your card expiration date changes, we may acquire
that information from our financial services partner and update your account accordingly. You may
dispute a payment made with your card issuer if you used a debit or credit card to fund your payment.
Your rights with respect to the card issuer may be broader than those available under this Agreement.
Remote Deposit Capture (“RDC”). If enabled by Platform for your Deposit Account, you may make
deposits into your Deposit Account by using the Platform App to take a legible picture of the front and
back of a negotiable check and transmitting such images. The RDC Service is for non-business, personal
use in accordance with this Agreement. We will attempt to collect the item by presenting the image or
converting the image into a digital representation of the original check (a “Substitute Check”). Unlike
traditional check deposits, you retain the original paper check when you use Remote Deposit Capture.
We request you to retain the original check until final settlement of the check. There is currently no charge
for using RDC; should there be charges in the future, you will be given appropriate notice. Your wireless
telecommunications provider for your wireless device or other third parties that you may utilize may
impose fees to make that device data-capable, to exchange data between the device and the Platform, or
based on the location of your use. By using the RDC service, you agree that you will be bound by the
terms of this Agreement and will follow any and all other procedures and instructions for use of RDC that
we may establish from time to time.
You agree to scan and deposit only checks, as that term is defined in Federal Reserve Regulation CC
(“Reg. CC”). You agree that the image of the check transmitted to us shall be deemed an “item” within the
meaning of Article 4 of the Uniform Commercial Code as adopted in the State of Delaware. You agree
that you will not use RDC to scan and deposit, and you agree that we are not required to accept for
deposit, any of the following checks or other items: checks or items payable to any person or entity other
than you, including a check payable to “Cash”; checks or items containing obvious alteration to any of the
fields on the front of the check or item, or which you know or suspect, or should know or suspect, are
fraudulent or otherwise not authorized by the owner of the Deposit Account on which the check or item is
drawn; checks or items previously converted to a substitute check, as defined in Reg. CC; checks or
items drawn on a foreign bank or payable in a foreign currency; checks or items that are demand drafts or
remotely created checks (checks lacking the original signature of the drawer); checks that have been
previously returned stop payment or Deposit Account closed; and checks or items dated more than six (6)
months prior to the date of deposit.
The image of a check transmitted to us using RDC must be legible. The image quality of the check must
comply with the requirements established from time to time by the American National Standards Institute,
the Board of Governors of the Federal Reserve Board, or any other regulatory agency, or other
clearinghouses. The checks to be deposited via RDC shall be properly endorsed in the same manner in
which it is made payable to you and with the restrictive endorsement: “For mobile deposit only.” Receipt
of your check image must be received by 3:00 p.m. Pacific Time, for us to consider that day to be the day
of your deposit. Any check image received by us after 3:00 p.m. Pacific Time is considered as a deposit
made on the next business-day we are open.
We reserve the right to reject any item transmitted through RDC, at our discretion, without liability to you.
We are not responsible for items we do not receive or for images that are dropped during transmission.
You agree to receive notices electronically relating to RDC, whether or not you have previously agreed to
accept electronic disclosures for your Deposit Account. An image of an item shall be deemed received
when you receive an electronic confirmation from us that we have received the image. Receipt of such
confirmation does not mean that the transmission was error free or complete. As to all checks transmitted
to us through RDC, you represent and warrant that: (i) you will comply with the terms and conditions set
forth in this Agreement; (ii) you will only transmit eligible items described in paragraphs above; (iii) you
have good title to each check and no defense of any party to the check is good against you; (iv) the
original check, or a paper or electronic representation, has not previously been deposited for collection
with us or any other financial institution, and no depositary bank, drawee, or drawer will be asked to pay a
check that it already has paid; (v) you have no knowledge or notice of information to indicate that the
transaction is fraudulent; (vi) all necessary signatures and endorsements have been placed on the check
and are genuine; and (vii) the check has not been materially altered. If any such representation or
warranty is breached, we may deduct the amount of the check from any of your Deposit Accounts or
otherwise collect from you this amount plus expenses. You agree to indemnify and hold us, our affiliates,
directors, officers, employees, and agents harmless from and against all losses, liabilities, cost, damages
and expenses (including reasonable attorneys’ fees and cost of litigation) to which we may be subject or
that we may incur in connection with any claims that might arise from or out of your use of RDC,
including, but not limited to, your breach of any representation or warranty in this section. You agree to
notify us, through Platform, of any suspected errors regarding checks deposited through RDC right away,
and in no event later than forty (40) days after the applicable Deposit Account statement is sent or made
available to you. Unless you notify us within forty (40) days, such statements regarding all deposits made
through RDC shall be deemed correct, and you are prohibited from bringing a claim against us for such
alleged error.
Wire Transfers. If enabled by Platform for your Deposit Account, you may fund your Deposit Account
with a wire transfer. When we accept a wire transfer payment order instructing payment to you or to your
Deposit Account, we will notify you of our receipt of payment by indicating the amount in your Deposit
Account statement. Your Deposit Account statement will be the only notice of receipt which we will
provide you, and no interest will be paid on wire transfer payments deposited into your Deposit Account
unless the Deposit Account otherwise pays interest.
No Deposits in Cash, Paper Checks or Foreign Currency. We will only accept funds deposited
electronically through Platform. We are not liable for any deposits (including cash) lost in the mail, lost in
transit, or not received by us. We do not accept (i) deposits in (1) cash, cashier’s checks or money order
or (2) foreign currency or (ii) deposits of any type of check via mail. If we receive any of those instruments
by mail, we will return it to the address we have for you on file. Only deposits made in accordance with
the terms of this Deposit Account Agreement will be accepted.
Our Right to Charge Back Deposited Checks or Electronic Transfers. If you deposit a check or
receive an electronic transfer as provided in this Deposit Account Agreement and (i) the paying bank
returns it to us unpaid; (ii) the paying bank or the issuer of a check demands that we repay them because
the check was altered, forged or unauthorized, is missing a signature or endorsement, or has a forged
endorsement; or (iii) the sending bank or the originator of an item demands that we return the item
because it was unauthorized, sent to the wrong account number or procured by fraud, we may pay the
return or demand, and subtract the funds from your Deposit Account, even if the balance in your Deposit
Account is not sufficient to cover the amount we subtract or hold, causing an overdraft. If we have reason
to believe that any of the events in the previous sentence have occurred or may occur or that the check or
other item should not have been paid or may not be paid for any other reason, we may place a hold on
the funds or move them to a non-customer account until we determine who is entitled to them.
Right to Reject Any Deposit. We may refuse any check for deposit, with or without cause, or may elect
to take a check on a collection basis only. We are under no obligation to accept any check, item, wire,
electronic funds transfer, or other transaction for deposit to your Deposit Account or for collection, and we
may refuse to cash or give value for any such transaction. We may restrict access to any deposit credited
to your Deposit Account that violates any laws of the United States, including those giving rise to OFAC
sanctions. Unless Bank specifically permits you to do so, you may not deposit any substitute check that
has not been previously handled by a bank in the collection process. This means you cannot deposit a
substitute check you create, or one that is created by another person, unless we enter into an agreement
to do so. Nevertheless, if a substitute check is received for deposit, you will be responsible for any losses
you or another person suffers relating to that substitute check.
D. Withdrawals from the Deposit Account
You can make withdrawals from your Deposit Account using any of these methods (if enabled by the
Platform):
Transaction Type
Frequency and
Dollar Amounts/
Per Day*
Frequency and
Dollar Amounts/
Per Week*
Frequency and
Dollar Amounts/
Per Month*
Frequency and
Dollar Amounts/
Per Year*
ACH transfers to a
Linked External
Account
10/$500 20/$2500 40/$10,000 400/$100,000
ACH transfers to
some other
external bank
account or payee
10/$500 20/$2500 40/$10,000 400/$100,000
ATM Withdrawals
using your Card
10/$500 20/$2500 40/$10,000 400/$100,000
Payments on your
Smartcard
10/$1,000 70/$10,000 280/$45,000 3,000/$250,000
Wires N/A N/A N/A N/A
Instant Push to Card*
* The limits included here are the highest limits allowed for transactions. However, we reserve the right to
allow you to transact higher volume than the limits defined herein at any time without prior notice. In
certain cases, for security reasons, we may lower your limits upon notice to you at the time you attempt to
initiate a transaction. Limits for Instant Push to Card are described in Section H below.
Right to Require Advance Notice of Withdrawal. We reserve the right to require seven days’ notice in
writing before each withdrawal.
ATM Withdrawals. You may use your Card to obtain cash withdrawals at automated teller machines
(“ATMs”) that bear the Mastercard(r) Mark, as permitted by the ATM operator. Each time you use your
Card to obtain cash from an ATM, in order to effect the processing of such transaction, you authorize us
to debit your Deposit Account by the amount of the withdrawal, plus applicable fees. Each time you use
your Card to obtain cash from an ATM, you may be assessed a transaction fee by the ATM operator.
Instant Push to Card. If enabled by Platform, you may be able to send payments from your Deposit
Account in Instant Push to Card transactions, which are further described in Section H below.
Wire Transfers. If enabled by Platform for your Deposit Account, you may make payments or
withdrawals from your Deposit Account via a wire transfer payment order. Payment orders will not be
accepted until executed by us. We reserve the right to refuse to accept any payment order.
No Overdrafts. You are not permitted to overdraw your Deposit Account. If the available balance in your
Deposit Account is at any time not sufficient to cover any payment or withdrawal you have authorized, we
may refuse to process the payment or withdrawal. If your Deposit Account balance becomes negative for
any reason, you must make a deposit immediately to cover the negative balance. If your Deposit Account
has a negative balance of (i) $100 or more, it will be closed immediately and (ii) less than $20 for one
hundred and eighty (180) calendar days or more it will be closed. If you fail to pay the amount of any
overdraft, we reserve the right to refer your overdrawn Deposit Account to an attorney for collection, and
you agree to pay all reasonable expenses, including, but not limited to, reasonable attorney’s fees and
court costs, incurred by us as a result of your Deposit Account being overdrawn, in additional to any other
rights we have under the Smartcard Agreement.
Notice of Furnishing Negative Information. We may report information about your Deposit Account to
credit bureaus. Unpaid overdrafts may be reflected in your credit report.
E. Funds Availability
Availability. We make funds available according to the type of deposit and when the funds are applied or
credited to your Deposit Account. Some types of deposits may not be available for immediate use. When
we delay the availability of funds or place a hold on a deposit made to your Deposit Account, you may not
withdraw those funds, and we will not use them to pay any debits, such as ACH transfers or payments.
We have the right to refuse any deposit. If final payment is not received on any check you have deposited
into your Deposit Account for which you have received credit, or if any direct deposit, ACH transfer or
other transfer for which you have received credit is not paid for any reason, you agree to pay us the
amount for which you have received credit. The length of the delay in the availability of funds will vary
depending on the type of deposit.
Business Days. The length of the delay in the availability of funds is counted in business days from the
day your deposit is applied to your Deposit Account. For purposes of these disclosures, our business
days are as provided below in the General Terms. Deposits received after the cut-off times provided in
this Deposit Account Agreement or on a day we are not open will be processed the following business
day that we are open.
Same Day Availability. Funds received from preauthorized electronic payments, such as payroll direct
deposits, will be available on the day we receive the deposit. Funds from ACH credits that we receive
from a verified external bank Deposit Account will be available on the day we receive the deposit. Funds
from internal transfers will be available immediately, and funds from Instant Account Funding will be
available within 5 minutes.
Longer Availability. Electronic transfers depositing into the Deposit Account initiated through the
Platform may take up to five (5) business days from the date of the initial request but will post on the
payment date of the deposit once the money has reached us.
Availability of Mobile Deposits. Checks deposited through the RDC service are not subject to the funds
availability requirements of Regulation CC. Checks deposited using the RDC service will generally be
made available in your Deposit Account no later than six (6) business days after the day you made the
deposit. In some cases, we may not make the funds available in accordance with the general policy for
other reasons, including, but not limited to, if we have reasonable cause to doubt the collectability of the
check. The length of the delay will be counted in business days from the day of your deposit. If your
deposit is declined, we will email you the notice by the first business day after the day we receive your
deposit. We reserve the right to change the limits on the amount(s) and/or number of deposits that you
transmit using RDC and may modify these limits from time to time.
Foreign Checks. Checks drawn on financial institutions outside of the U.S. (foreign checks) cannot be
processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the
policies outlined in this disclosure. Generally, if your Deposit Account permits you to deposit foreign
checks, the availability of funds from deposits of foreign checks will be delayed for the time it takes us to
collect the funds from the financial institutions upon which they are drawn.
Account Balance and Available Balance. To avoid a negative balance and/or our refusal to process a
transaction, it is necessary to understand how your Deposit Account balance is determined to avoid
having non-sufficient funds in your Deposit Account. Your Deposit Account has two kinds of balances: the
actual balance and the available balance. Your actual balance reflects the full amount of all deposits to
your Deposit Account as well as payment transactions that have been posted to your Deposit Account. It
does not reflect checks you have written and are still outstanding or transactions that have been
authorized but are still pending. Your available balance is the amount of money in your Deposit Account
that is available for you to use. Your available balance is your actual balance less: (1) holds placed on
deposits; (2) holds on transactions that have been authorized but are not yet posted; and (3) any other
holds, such as holds related to your Credit Account Balance or to comply with legal process. We use your
available balance to determine whether there are sufficient funds in your Deposit Account to pay items,
such as ACHs and other electronic transactions, as applicable. Pending transactions and holds placed on
your Deposit Account may reduce your available balance, in our sole discretion. Pending transactions and
holds also may cause your Deposit Account to become overdrawn during the time the transaction is
pending or a hold is in effect. You may check your available balance and actual balance on the Platform
App or by contacting Platform at the customer service contact information set forth in the General Terms
below.
How Transactions are Posted to Your Deposit Account. There are two types of transactions that
affect your Deposit Account: credits (deposits of money into your Deposit Account) and debits (payments
out of your Deposit Account). It is important to understand how each is applied to your Deposit Account
so that you know how much money you have and how much is available to you at any given time. This
section explains generally how and when we post transactions to your Deposit Account. If we change
these practices, we will provide you notice in accordance with the Smartcard Agreement.
Credits. Deposits are generally added to your Deposit Account when we receive them. However, in some
cases when you deposit funds, the full amount of the deposit may not be available to you at the time of
deposit.
Debits. There are several types of debit transactions. Common debit transactions are generally described
below. There are many ways transactions are presented for payment, and we are not in control of when
transactions are received. We receive multiple data files every day from the Federal Reserve with ACH
transactions Monday through Friday. If the day is a recognized federal holiday by the Federal Reserve,
we may not receive or process a file that day. For ACH transactions that we receive at the same time, for
example, all in the same data file, ACH credit transactions are posted first and ACH debit transactions are
posted second in the order received by us. We post ACH transactions throughout the day Monday
through Friday, excluding federal holidays. Cash withdrawals at an ATM using your Card, and Instant
Push to Card transactions, are deducted from your available balance immediately at the time of the
transaction.
Your Responsibility for Deposits. Even if we have made funds available to you and you have
withdrawn the funds, you are still responsible for deposits that are returned to us unpaid and for any other
problems involving your deposit.
F. Electronic Funds Transfer Disclosures
Electronic Transfers. If enabled by Platform, you may originate transfers to and from your Deposit
Account as provided in Sections C and D of this Agreement. These requests must be made via the
Platform. In the case of electronic transfer requests from an external bank Deposit Account to your
Deposit Account, we will complete such requests only if the funds are being transferred from your Linked
External Account. The payee name on any direct deposits or credits we receive should, in addition to
having the correct Deposit Account number, match the Deposit Account owner name associated with the
Deposit Account. Any deposits received in any other name may be returned to the originator.
Next Day ACH Cut-off Time. The cut-off time for scheduling a next day ACH transfer is 9:00 p.m. Pacific
Time. Any next day ACH transfer scheduled after the cut-off time will be treated as if it were scheduled on
the next business day. In some circumstances, transactions may be delayed for risk or compliance
reasons.
Same Day ACH Cut-off Time. The cut-off time for scheduling same day ACH transfers (if enabled on
your Deposit Account) is 1:30 Pacific Time. If enabled by Platform, the Same Day ACH means that the
transfer will be performed on the same business day. Any same day ACH transfer scheduled after the
cut-off time will be treated as if it were scheduled as next day ACH transfer. In some circumstances,
transactions may be delayed for risk or compliance reasons.
Electronic Transfers Using Your Deposit Account Number. If enabled by Platform, you may authorize
a third party, such as your employer or a government agency, to transfer funds to and from your Deposit
Account by providing your Deposit Account number and your routing number to such third party. Your
Deposit Account information should only be provided to trusted third parties authorized to initiate the
electronic funds transfers.
Debit Cards, Points of Sale, and ATM Services. Your Card can be used for cash withdrawals from your
Deposit Account at ATMs. You cannot access your Deposit Account at points of sales using your Card. At
points of sales, your Card will access your Credit Account.
Types of Electronic Transfers Available. If enabled by Platform, you may arrange with another party to
electronically deposit funds on a one-time or recurring basis directly into your Deposit Account. If enabled
by Platform, you may arrange with another party to make one-time or recurring charges to your Deposit
Account to pay bills.
Limitations on Transfers, Amounts and Frequency. Your rights under this Deposit Account Agreement
to make electronic funds transfers are subject to the frequency and dollar amount limits established in
Sections C and D of this Deposit Account Agreement.
Right to Receive Documentation of Electronic Funds Transfers. Your electronic funds transfers will
be reflected on the statements that will be delivered to you through the Platform App. You can obtain
documentation of a transfer at the time you make any transfer to or from your Deposit Account using the
Platform. You can also contact Platform at the customer service contact information set forth in the
General Terms below to obtain information about any particular deposit or transfer.
Notice of Varying Amounts. If you have scheduled recurring transfers from your Deposit Account via the
Platform or by authorizing a third party to debit your Deposit Account, these regular payments may vary in
amount, and if they do, the person you are going to pay will tell you, ten (10) days before each payment,
when it will be made and how much it will be. (You may choose instead to get this notice only when the
payment would differ by more than a certain amount from the previous payment, or when the amount
would fall outside certain limits that you set.)
Right to Stop Payment of Preauthorized Transfers and Procedures. If you have scheduled a one-
time or a recurring transfer via the Platform, you may stop or cancel that transfer by following the
procedures defined here. To stop a transfer that you initiated via the Platform App, either one-time or
recurring, use the Platform App to cancel such payment, or contact Platform at the customer service
contact information set forth in the General Terms below to request cancellation of the transfer. To stop a
one-time or recurring transfer that you have authorized a third party to debit from the Deposit Account,
please contact that third party to request the cancellation of the payment. You also may contact Platform
at the customer service contact information set forth in the General Terms below to request a stop on the
payment. If you wish to contact us to stop a one-time or recurring transfer that you initiated via the
Platform App or that you have authorized a third party to debit from the Deposit Account, your request to
stop the transfer must be received at least three (3) business days before the transfer is scheduled to
occur. Regarding recurring payments, you should specify whether you wish to stop one recurring payment
or all recurring payments. If you do not specify, all recurring payments may be stopped. You must
specify the name of the payee, the dollar amount of the payment and the date of the payment. Regarding
recurring transfers that you initiated via the Platform App, we will be liable for your losses or damages if
you requested the stop payment at least three (3) business days before the transfer was scheduled to
occur and we did not stop the payment. In the case of a recurring third-party debit authorization, you may
contact us to stop one recurring payment. To stop all future payments pursuant to the third party's
recurring authorization, you must put your initial oral request (if oral) in writing and send it to us within
fourteen (14) days of your initial oral request. If the written stop payment notification is not received at
least fourteen (14) days before the future payment is scheduled to occur, we will honor that and all other
future payments as originally authorized without liability to you.
Your Liability for Unauthorized Transfers. You must contact us through Platform, by calling 833-601-
1093 or emailing support@sawa.money if you believe your Card, Deposit Account number or PIN was
stolen or if you believe someone has transferred or may transfer money from your Deposit Account
without permission. Telephoning is the best way of keeping your possible losses down. You could lose all
the money in your Deposit Account.
If you notify us within two (2) business days after you learn of the loss or theft of your Card, Deposit
Account number or PIN or other unauthorized access to your Deposit Account, you can lose no more than
$50.00 if someone used your Card or Deposit Account without your permission. If you do NOT notify us
within two (2) business days after you learn of the loss or theft of your Card or Deposit Account number or
PIN or other unauthorized access to your Card or Deposit Account, and we can prove that we could have
stopped someone from using your Card or Deposit Account without your permission if you had notified us,
you could lose as much as $500.00.
If your statement shows transactions that you did not make, including those made by use of your Card,
Deposit Account number or PIN, notify us at once. If you do not notify us within sixty (60) days after the
statement was made available to you, you may not get back any of the money you lost after the sixty (60)
days if we can prove that we could have stopped someone from taking the money if you had notified us in
time. If a good reason (such as a long trip or a hospital stay) keeps you from telling us, we will extend the
time periods.
Mastercard Zero Liability. Under Mastercard Zero Liability Protection, you will not be held responsible
for unauthorized transactions if you have used reasonable care in protecting your Card from loss or theft,
and you promptly report the loss or theft to us. Mastercard Zero Liability applies to ATM cash withdrawals.
Mastercard Zero Liability does not apply to certain Mastercard payment cards that are used for
commercial purposes.
Errors and Disputes. If you think your statement is wrong or if you need more information about a
transaction listed on it, please contact us through Platform at (800) 420-6153 or email
support@sawa.money. You must report any errors within sixty (60) days from the date on which we made
available to you on the Platform App the FIRST statement on which the problem or error appeared. You
must provide the appropriate information for us to investigate the error or unauthorized transaction,
including at least your name and Deposit Account number and the date of the transaction and its amount.
If you call us, we may request that you send your complaint or question in writing within ten (10) business
days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will
correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to
investigate your complaint or question. If we decide to use this additional time, we will credit your Deposit
Account for the amount you think is in error within ten (10) business days, so that you will have use of the
money during the time it takes to complete the investigation.
If your Deposit Account was opened less than thirty (30) days before the date of the suspected error, we
may extend the ten (10) business day period to twenty (20) business days before crediting your Deposit
Account.
If your Deposit Account was opened less than thirty (30) days before the date of the suspected error or
was initiated in a foreign country, we may extend the forty-five (45) day period to ninety (90) days to
investigate your complaint or question.
If we ask you to put your complaint or question in writing and you do not provide it within ten (10)
business days, we will not credit your Deposit Account.
You will be informed of the result of the investigation within three (3) business days after our completion
of the investigation. If we decide there was no error, we will send you an explanation by email or by
making it available via the Platform App. Copies of the investigation documentation can be obtained by
calling Platform (800) 420-6153 or emailing support@sawa.money.
Our Liability for Failure to Complete Transactions. If we do not complete a transfer to or from your
Deposit Account on time or in the correct amount according to this Agreement, we will be liable for your
losses or damages. However, we are not liable for any failed transfer if: (1) through no fault of ours, you
do not have enough funds available in the Deposit Account to cover a transaction; (2) the merchant
refuses to accept the transaction; (3) access to your Card or Deposit Account or Linked External Account
has been blocked after you reported your Card or Deposit Account number or Linked External Account
number lost or stolen or otherwise compromised; (4) there is a hold or your funds are subject to legal or
administrative process or other encumbrance restricting their use; (5) we have reason to believe the
requested transaction is unauthorized; (6) we have received incomplete or inaccurate information from
the third-party payor or payee; (7) if circumstances beyond our control (such as fire, flood, or computer or
communication failure) prevent the completion of the transaction, despite reasonable precautions that we
have taken; or (8) if there are other exceptions stated in this Deposit Account Agreement or as provided
by law.
Authorized Use. You are responsible for all authorized cash withdrawals from your Deposit Account
using your Card. You agree that unauthorized use does not include use by a person to whom you have
given authority to use the Card or any transaction from which you received a benefit. You agree that you
will be liable for all use by such a person until you notify us that such authority to use the Card is no
longer authorized and we have had a reasonably opportunity to act on that notice.
Business Day. For purposes of these disclosures, our business days are as provided below in the
General Terms.
Confidentiality. We will disclose information to third parties about your Card or Deposit Account or the
transfers you make: (i) where it is necessary for completing transfers, (ii) in order to verify the existence
and condition of your Card or Deposit Account for a third party, such as a credit bureau or merchant; (iii)
in order to comply with government agency or court orders; or (iv) if you give us your written permission.
H. Instant Payments
If enabled by Platform, you may fund your Deposit Account instantly using an eligible debit card (Instant
Account Funding) or instantly transfer funds from your Deposit Account to an eligible debit card (Instant
Push to Card). You will have to link the external debit card to the Deposit Account using the Platform App
Regent bank
privacy policy
To view Regent Bank's Privacy Policy, click here.