Terms of Service

This user agreement is a contract between you and Grink, Inc. that governs your use of your Switch account and the Switch services. For an individual to open a Switch account and use the Switch services, you must be a resident of the United States or one of its territories and at least 18 years old. For a business to open a U.S. Switch account and use the Switch services, the business must be organized in, or resident of, the United States.

By opening and using a Switch account, you agree to comply with all of the terms and conditions in this user agreement, so please read all of the terms and conditions carefully. You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreements page that apply to you.

In order to use the payment functionality of our application, you must open a “Access API” account provided by Dwolla, Inc. (“Dwolla”) and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize us to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our Switch application, and Dwolla account notifications will be sent by Switch and not Dwolla. We (Switch) will provide customer support for your Dwolla account activity, and can be reached at support@joinswitch.co

If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.

Privacy Policy Electronic Communications Delivery Policy (E-Sign Disclosure and Consent)

Please read carefully all of the terms of these policies and each of the other agreements that apply to you.

We may amend this user agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the user agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days’ prior notice by posting notice on the Policy Updates page of our website, unless a shorter timeframe is required by law or by Dwolla or Dwolla’s financial institution partners.

Opening an Account

We know people use Switch to accept payments for different reasons.

Switch accounts let you do things like:

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access your Switch account and the Switch services. You are responsible for keeping your mailing address, email address and other contact information up-to-date in your Switch account profile.

In order to use Switch’s services, you must open an account with our payment partner Dwolla, which is subject to Dwolla’s rules and terms, which are available here. We will share the end user’s data with Dwolla for the purposes of opening and managing the Customer Account.

By accepting these terms, you consent to Switch using personal data provided by you or obtained through account verification processes, in order to provide the Switch services.

If you are under the age of eighteen (18), you may not use Switch.

User Accounts
Any user has the ability to:
Group owner:

The person that creates the group and is responsible for all activity within group. 

General user:

A member of a group. Has the ability to see other members of group and transaction history.

You will remain liable for all obligations related to your Switch account even after the Switch account is closed. In certain cases, you may not close your Switch account, including:

Transaction Size Limits

Users are currently limited to transfers of $1,000 per transaction and $3,000 per week. Groups are limited to $10,000 per transaction.

Link or Unlink a Payment Method

You can link or unlink a debit card, credit card, a U.S. bank account to your Switch account as a payment method. Please keep your payment method information current (i.e. credit card number and expiration date). If this information changes, we may update it as directed by your bank or card issuer without any action on your part.

When you add a payment method, we may verify the payment method details using a 3rd party provider Plaid (www.plaid.com).

Adding or Withdrawing Money
Adding money

You may transfer money to your Switch balance from any bank account linked to your Switch account by requesting an electronic transfer from your bank account. You don’t need a Switch balance to send money or buy something using your Switch account. You may use the payment methods linked to your Switch account to fund transactions you make using your Switch account. Although usually quicker, transfers may take up to 5 business days to arrive in your account.

Withdrawing money

If you have a Switch balance, you may withdraw it by transferring it to a bank account linked to your Switch account. Although usually quicker, withdrawing funds from your Switch balance to your bank account may take up to 4 business days for you to see the funds in your bank account.

We may further delay a withdrawal, in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your Switch account have been reversed (for example, as a result of a chargeback, bank reversal or dispute by a user). Additionally, if we place a limitation on your Switch account while a withdrawal from your Switch account is pending, you will have to reinitiate the withdrawal once the limitation has been lifted.

We may set limits on your withdrawals, and you can view your withdrawal limit, if any, by logging into your Switch account. Completing the following steps can help us verify your Switch account, which may allow us to remove any withdrawal cap:

We don’t charge a fee to make a transfer directly to your bank.

Sending Money or Receiving Money
Sending money

You can send money to a friend or family member using the “direct pay” feature in your Switch account. You can send money to a group by responding to a charge request. If the person to whom you are sending money does not have a Switch account, they can claim it by creating an account, or it will be refunded to you. Receiving money from a friend or family member is described under Receiving Money.

We may, at our discretion, impose limits on the amount of money you can send, including money you send for purchases. You can view your sending limit, if any, by logging into your Switch account. Completing the same steps to verify your information as is required for the removal of withdrawal limits, may allow us to increase your sending limits.

When you send money to a friend or family member, one of three things may happen: they may accept, decline or fail to claim the money. If they either decline to accept the money or don’t claim it within 30 days of the date it is sent, the money (including any fees you were charged for sending the money) will be refunded to your Switch balance.

Receiving money

If a friend or family member sends money to you, the money will appear in your Switch balance.

Fees for Sending Money to Friends and Family

The fees applicable to sending money will be disclosed to you in advance each time you initiate a transaction to send money to a friend or family member.

Payment Method Used for My Transaction
Selecting a payment method

Each time you initiate a payment, you will have the option to select a payment method as a source for your payment, for example, your Switch balance, or your bank account.

There may be times when your selected payment method cannot be used, for example, if you select a credit card that has expired.

You will be able to see all of your available payment methods, or add a new one, and select the one of your choosing during the transaction.

Please note that the various funding sources have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction.

Sending money to friends and family

When you send money to friends and family using your Switch balance or your bank account, we waive all fees, so we always show you this payment option first, if available. Remember, you always have the choice to select any payment method in your account by clicking the “Change” link on the Send Money page. We will always show you if there is a fee and how much the fee is.

Bank account transfers

When you use your bank account as a payment method, you are allowing Switch to initiate a transfer from your bank account to the recipient. For these transactions, Switch will make electronic transfers via ACH from your bank account in the amount you specify. You authorize Switch to try this transfer again if the initial transfer is rejected by your bank for any reason.

Closing your Switch Account

You may request to close your Switch account at any time. Closure will be completed, and any balance held in your Switch account will be refunded to the funding source you elect during the closure process, net of any transfer fees that may be applicable to that funding method. Closure and refund of any balance will take place once any pending transactions have cleared, which may take between 5 to 10 days.

Payment review

Switch reviews certain potentially high-risk transactions. If Switch determines, in its sole discretion, that a transaction is high-risk, we place a hold on the payment and provide notice to you. Switch will conduct a review and either clear or cancel the payment. If the payment is cleared, Switch will provide notice to you. Otherwise, Switch will cancel the payment and the funds will be returned to the sender, unless we are legally required to take other action. Switch will provide notices to you by email and/or through your Switch account regarding such actions.

Restricted Activities and Holds
Restricted Activities

In connection with your use of our websites, your Switch account, the Switch services, or in the course of your interactions with Switch, other Switch customers, or third parties, you will not:

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect Switch, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:

Contact counterparties to whom or from whom you have transferred funds using Switch, your bank or credit card issuer, other impacted third parties or law enforcement about your actions.

If we close your Switch account or terminate your use of the Switch services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in your Switch account available for withdrawal.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Switch, any Switch customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the Switch services. You agree to reimburse Switch, any Switch customer, or a third party for any and all such liability.

Holds, Limitations, and Reserves
What are holds, limitations and reserves

Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of Switch, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Switch account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

Holds

A hold is an action that Switch may take under certain circumstances either at the transaction level or the account level. When Switch places a temporary hold on a payment, the money is not available to either the sender or the recipient. Switch reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where Switch will hold payments include:

Holds based on Switch’s risk decisions

We may place a hold on payments sent to your Switch account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your Switch account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties. When we place a hold on a payment, the funds will appear in your Switch account with an indication that they are unavailable or pending. We’ll notify you, either through your Switch account or directly by phone or email, whenever we place a hold.

Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your Switch account. We may release the hold earlier under certain circumstances (for example, if you’ve uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion. The hold may last longer than 21 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph below. In this case, we’ll hold the payment in your Switch account until the matter is resolved (but no longer than 180 days).

Limitations

Limitations prevent you from completing certain actions with your Switch account, such as withdrawing, sending or receiving money. These limitations are implemented to help protect Switch, users and groups when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your Switch account open.

There are a number of reasons why your Switch account could be limited. For instance,

To remove the limitation and restore your Switch account, you will need to resolve any issues with the account, often by providing information to us, although there may be certain situations where there is no specific action that you can take to help remove the limitation (for example, the limitation is put in place due to policies we have to ensure we’re in compliance with laws). If you find that your Switch account has been limited, you should either review the email you receive from us informing you that your Switch account is limited, or log in to your Switch account for additional details about the limitation on your Switch account. Let’s discuss how other clients of yours mitigate this risk

Reserves

We may place a reserve on your Switch account if we believe there may be a high level of risk associated with you, your Switch account, or your transactions. When we place a reserve on your Switch account, it means that all or some portion of the money in your Switch account is reserved as unavailable for withdrawal in order to protect against the risk of transactions made by you being reversed or invalidated or any other risk related to your Switch account or use of the Switch services. Reserves may be placed on your Switch account at the time you open a Switch account or at any time during the life of your Switch account. We make decisions about whether to place a reserve based on a number of factors, including information available to us from both internal sources and from third parties. When we place a reserve on your Switch account, the funds will appear in your Switch account as a “Pending Balance,” and we’ll notify you of the terms of the reserve. If we change the terms of the reserve, we’ll notify you of the new terms.

Switch considers a list of non-exclusive factors and whether and how these factors have changed over time, including:

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Switch account, placing a reserve or limitation on your Switch account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your Switch account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.

Liability for Unauthorized Transactions and Other Errors
Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your Switch account, you should regularly log into your Switch account and review your Switch account statement. Switch will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

Switch will protect you from certain unauthorized activity in your Switch account. When this protection applies, Switch will cover you for the amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below. Transactions in excess of $1,000 are currently not covered by this protection at this time.

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when money is sent from your Switch account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Switch account, and sends a payment from your Switch account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

If you give someone access to your Switch account (by giving them your login information) and they use your Switch account without your knowledge or permission. You are responsible for transactions made in this situation.

You understand and agree that, to the extent permitted by law, Switch may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Switch or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with Switch may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Switch, and Switch does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Switch’s Rights
Switch suspension and termination rights

Switch, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Switch services) operated by us or on our behalf or some or all of the Switch services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in your Switch balance.

Security interest
Limitation of liability

Switch’s liability is limited with respect to your Switch account and your use of the Switch services. In no event shall Switch be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Switch services) operated by us or on our behalf, any of the Switch services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Switch is not liable, and you agree not to hold Switch responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Switch services) operated by us or on our behalf, or any of the Switch services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the Switch services) operated by us or on our behalf and any of the Switch services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Switch services) operated by us or on our behalf or any of the Switch services or any website or service linked to our websites, software or any of the Switch services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Switch services) operated by us or on our behalf or any of the Switch services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Switch account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or Switch’s policies.

Disclaimer of Warranty and Release
No warranty

The Switch services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. Switch specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Switch does not have any control over its individual users, groups or administrators of those groups including users who may use Switch to transmit payments for services, and Switch cannot ensure that a any group, user or counterparty will perform any obligations that are not directly related to Switch’s services. Switch does not guarantee continuous, uninterrupted or secure access to any part of the Switch services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the Switch services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. Switch will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but Switch makes no representations or warranties regarding the amount of time needed to complete processing because the Switch services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

Release of Switch

If you have a dispute with any other Switch account holder, you release Switch from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Intellectual Property
Switch’s trademarks

“tryswitch.co,” “Switch,” and all logos related to the Switch services are either trademarks or registered trademarks of Switch. You may not copy, imitate, modify or use them without Switch’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Switch. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Switch for the purpose of directing web traffic to the Switch services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Switch or the Switch services or display them in any manner that implies Switch’s sponsorship or endorsement. All right, title and interest in and to the Switch websites, any content thereon, the Switch services, the technology related to the Switch services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Switch and its licensors.

License grant from you to Switch; intellectual property warranties

Switch does not claim ownership of the content that you provide, upload, submit or send to Switch. Subject to the next paragraph, when you provide content to Switch or post content using Switch services, you grant Switch (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. Switch will not compensate you for any of your content. You acknowledge that Switch’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Switch.

Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us at support@joinswitch.co .

Escheatment of dormant accounts
Governing law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Switch.

Identity authentication

You authorize Switch, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain Switch services, federal law requires that Switch verify some of your information. Switch reserves the right to close, suspend, or limit access to your Switch account and/or the Switch services in the event we are unable to obtain or verify this information.

Switch is only a service provider

Our relationship with you under this user agreement is as a service provider providing an App which enables the Switch services, and Switch is an independent contractor for all purposes. Switch is not your agent or trustee. Switch is not the payment transfer service provider.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Translation of agreement

Any translation of this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.

Unlawful internet gambling notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your Switch account or your relationship with Switch. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

Your use of information

If you receive information about another Switch customer, you must keep the information confidential and only use it in connection with the Switch services. You may not disclose or distribute any information about Switch users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a Switch customer or use the Switch services to collect payments for sending, or assist in sending, unsolicited emails to third parties.