Terms of Use

FLYP CLASSIC ACCOUNT AGREEMENT TERMS OF USE

These Terms of Use were last updated on January 18, 2022.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE (“ARBITRATION PROVISION”) REQUIRING ALL CLAIMS TO BE RESOLVED THROUGH BINDING ARBITRATION AND WAIVING YOUR ABILITY TO PARTICIPATE IN CLASS ACTION LAWSUITS OR ARBITRATIONS. YOU MAY REJECT THE ARBITRATION PROVISION BY SENDING US WRITTEN NOTICE WITHIN 45 DAYS AFTER YOUR FIRST CARD PURCHASE.

AS A CONDITION OF THE ACCOUNT, YOU MUST CONSENT TO AND HAVE THE ABILITY TO RECEIVE ELECTRONIC DISCLOSURES. IF YOU WITHDRAW THAT CONSENT AT ANY TIME, WE WILL CLOSE YOUR ACCOUNT AND SEND YOU YOUR REMAINING ACCOUNT BALANCE AFTER ANY PENDING TRANSACTIONS HAVE CLEARED.

CUSTOMER SERVICE CONTACT INFORMATION:

Address: 10515 John J. Delaney Dr., Suite D-199, Charlotte, NC 28277

Website: www.flypMoney.com

Toll-Free Customer Service Number: 1-833-998-2146

The Flyp Classic Demand Deposit Account Agreement

This Flyp Classic Debit Card Demand Deposit Account Agreement ( “Agreement”) which includes the Fee Schedule, available on the Flyp App and in this Agreement, and any amendments or additional disclosures we may provide to you, is a contract between you, the accountholder, and Sutton Bank, an insured bank chartered under the laws of the state of Ohio (Sutton Bank or “Bank,” also referred to as “we” or “us”). Sutton Bank is not affiliated with Flyp Financial, Inc. (“Flyp”). 

 

This Agreement states the terms and conditions governing your FDIC insured Flyp Classic Demand Deposit Account (“Account”), including the related debit card. The debit card may be either a plastic card or a number to be used in making remote transactions (in either case, the “Card”).  The Account allows you to deposit funds into an FDIC insured bank account. The headings used throughout this Agreement are provided solely for your convenience, and do not define or modify the meaning of any term. Please keep a copy of this Agreement for future reference.

 

BY SIGNING UP FOR A FLYP DEMAND DEPOSIT ACCOUNT OR BY USING THE ACCOUNT IN ANY WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. BY ACTIVATING YOUR CARD OR PARTICIPATING IN THE FLYP CLASSIC PROGRAM IN ANY WAY, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY. PLEASE VISIT www.flypmoney.com (THE “WEBSITE”) TO VIEW, PRINT, AND SAVE THIS AGREEMENT AND https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-1218.pdf TO VIEW, PRINT, AND SAVE THE SUTTON BANK PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT CONTINUE THROUGH THE SIGN-UP PROCESS AND DO NOT USE THE ACCOUNT. PLEASE CONTACT FLYP THROUGH WWW.FLYPMONEY.COM/CONTACT-US TO CANCEL YOUR ACCOUNT.

 

This Agreement is made under Ohio law and is subject to Ohio law and applicable federal law. If any portion of this Agreement is found unenforceable, the rest of the Agreement, without the unenforceable term or terms, will continue in full force and effect.  You consent and submit to the exclusive jurisdiction of the state and federal courts located in Ohio, with respect to all controversies arising out of or in connection with this Agreement that are not subject to arbitration or to any proceeding to enforce the Arbitration Clause or to confirm or vacate an arbitration award. 

Definitions

Below are some other important terms used in this Agreement:

“ACH” or “Automated Clearing House” refers to automatic payments transferred to your account through an automated clearing house network, including Direct Deposits.

“ATM” means an electronic teller machine at which funds can be withdrawn, account balance information can be viewed, and other permitted banking transactions can be performed. 

“Available Balance” means the amount of money in your Account that is available for immediate use or withdrawal.

“Business Day” means Monday through Friday except federal holidays on which the Cleveland Federal Reserve Bank is closed for business.

“Card PIN” means the personal identification number that you assign to your Card using the Flyp App.

“Card Network means the applicable payment card network brand.

“Check” means a legal document directing a bank to pay a specific sum of money to the named recipient upon demand. 

“Direct Deposit” means a deposit made to your Account through an ACH network. 

“Flyp” refers to Flyp Financial, Inc. and has the meaning given to that term in the Flyp Terms of Use located on the Flyp app. 

“Flyp App” means the app offered and maintained by Flyp that allows you to send and receive funds.

“Flyp Coins” means the Flyp created currency a customer can win in the app when spinning the Flyp Rewards wheel. Flyp Coins can be used to buy items in the Flyp Store. 

“Flyp Store” means the location on the Flyp App where customers can trade their FlypCoins in for a desired reward.

“You”, “Your”, and “Account holder” mean the person who submits an initial request for an Account and is authorized to use the Account as provided for in this Agreement. 

Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so that the singular includes the plural, and the plural includes the singular.

Fee Schedule For Flyp Card

All Fees Amount Details
Get started
Card issuance/activation
$0
Fee charged for activation of the card.
Monthly usage
Monthly fee
$0
This fee will be deducted from your Card Account each month, beginning on the date of activation and each month thereafter on the anniversary date of activation.
Add money
Direct deposit
$0
Cash reload
$0
Fees of up to $5.95 may apply when reloading your card with Green Dot reload agents. Locations may be found at within the Flyp App.
Spend money
Card to card transfer
$0
Bill payment
$0
Bill pay is not available.
Get cash
ATM withdrawal (in-network)
$0
“In-network” refers to the Money Pass ATM Network. Locations can be found within the Flyp App.
ATM withdrawal (out-of-network)
$2.50
“Out-of-network” refers to all the ATMs outside of the Money Pass ATM Network. You may also be charged a fee by the ATM operator even if you do not complete a transaction.
Information
Customer service (automated)
$0
Fee for each inquiry with the Automated (IVR) system.
Customer service (live agent)
$0
Fee for each inquiry with a live agent.
ATM balance inquiry (in-network)
$0
“In-network” refers to the Money Pass ATM Network. Locations can be found at within the Flyp App.
ATM balance inquiry (out-of-network)
$0
“Out-of-network” refers to all the ATMs outside of the Money Pass ATM Network. You may also be charged a fee by the ATM operator even if you do not complete a transaction.
Using Your Card Outside the U.S.
International transaction
$0
Of the U.S. dollar amount of each transaction
International ATM withdrawal
$0
This is our fee. You may also be charged a fee by the ATM operator, even if you do not complete a transaction.
International ATM Balance Inquiry
$0
This is our fee. You may also be charged a fee by the ATM operator.
Other
Inactivity fee
$0
Replacement card
$5.00
One free replacement card per year. Then $5.00 charge for each subsequent replacement card ordered.

Important Information about Opening an Account

USA PATRIOT Act Statement

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. 

 

What this means for you:  When you open an Account, we will ask for your name, address, date of birth, taxpayer identification number, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.  We may also request additional identifying information and documentation from time to time in connection with your access to certain Account features, functionality, or services. 

 

After your Account is opened, we may ask again to see a copy of your driver’s license or other identifying documents at any time if we deem it necessary to verify your identity, address, or transactions on your Account. If we ask for specific identifying documents, we will have the right to immediately close or suspend your Account if those specific documents are not provided. These measures are specifically designed to help us protect your identity and identify possible fraud on your Account.

Address and Name Changes

You are responsible for notifying us of any change in your name, physical address, phone number, mailing address, or email address. Requests for address or name changes may be subject to additional verification requirements. You may change this information by contacting us through www.flypMoney.com/contact-us or by calling Customer Service at 1-833-998-2146.  

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you. 

 

We cannot accept responsibility for any email messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your email account available to any other individual, you agree that you are responsible for any release of your Account information to such individual.

Account Ownership and Use

Individual Ownership. You agree that your Account is owned solely by you, in your personal capacity, and not jointly or co-owned, or as trustee or custodian for anyone else. By accepting this Agreement, you agree and acknowledge that you do not have the ability to designate any beneficiaries, including in the event of your death. This means that if you die the funds in your Account will become part of your estate, and ownership of your funds will not transfer by operation of this Agreement. You further agree that to the fullest extent permitted by applicable law, you, or your estate in the event you die, will be liable for our legal expenses and other costs relating to any disputes regarding the ownership of your Account, which we may deduct from your Account without notice to you or your estate, as applicable.

Personal Use. Your Account is intended solely for your personal use, and you agree not to use it for any business purpose.

Representations and Warranties

By activating the Card or by retaining, using, or authorizing the use of the Account, you represent and warrant to us that: 

Disclaimer of Warranties

EXCEPT FOR ANY EXPRESS WARRANTIES WE PROVIDE IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE ACCOUNT OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

Limitation of Liability

WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE TOTAL AMOUNT IN YOUR ACCOUNT.

Depositing Funds to Your Account

You acknowledge and agree that the value available in your Account is limited to the funds that you have loaded on your Account or that have been loaded to your Account on your behalf. You will not receive any interest on your funds in the Account. The Card is a debit card and can only be used to access value that you have previously loaded onto it. The Card is not a credit card, and your use of the Card will not enhance your credit rating. 

 

You may deposit funds to your Account in the following ways and no other:

Green Dot Locations

Using in-store cash value load transactions. This type of load is subject to a fee of up to $5.95 charged by the Green Dot merchant, not Flyp or Sutton Bank. The maximum deposit via Green Dot is $500 and you can do a maximum of 5 Green Dot deposits per day. The maximum amount that can be deposited to your Account via Green Dot in a month is $5,000. Funds are typically available the same Business Day we receive the deposit. 

Direct Deposit

By arranging to have all or a portion of your paycheck, government benefits payment, tax refund check, or other electronic funds transfer deposited to your Account using the Automated Clearing House system. Direct Deposits may be made on a one-time or a repeat basis based on the terms of your agreement with the party sending the Direct Deposit on your behalf. You may receive your paycheck, government benefits payment, tax refund check, or other electronic funds transfer up to two days early. If we receive your direct deposit information from your employer or the government prior to the designated payday, we will make your money available to you on the Account when we receive it, up to two days early. Direct Deposit Early Pay is subject to your employer and/or payer terms and conditions and the payer’s submission of deposits.  

Bank Transfer 

By arranging for the transfer of funds originating from a financial institution located in the United States.  Depending on your Account load method, you should have access to the funds the same Business Day we receive the transfer.  

You must load funds to your Account using one of the methods described in the preceding paragraph. We will not accept any checks, money orders, or cash mailed to us for deposit, or any inbound wire transfers to your Account. We are not liable for any checks, money order, or cash mailed to us, and you agree that we are not responsible for intended deposits that are not submitted in accordance with this Agreement.  We reserve the right to reject any deposit for any reason, including due to possible fraud or other suspicious activity.  Please consult the Fee Schedule to determine what fees will apply before making a deposit. The amount of fees, if any, may vary depending on the type of deposit you make.  

Deposit Limits and Maximum Permitted Account balance

You may deposit up to $7,500 per transfer up to a maximum permitted Account balance of $25,000 using any one method or combination of methods for making deposits described in the “Depositing Funds to Your Account” Section. 

Funds Availability

Funds deposited in any of the ways described in the “Depositing Funds to Your Account” Section will generally be available for use on the Business Day we receive the deposit; provided, however, that we reserve the right to delay the availability of Direct Deposits to verify the external account from which the deposit is being sent or to collect payment of the funds. In addition, we will only provide provisional credit until collection is final for any deposit and may reverse a deposit (see the “Subsequent Reversals of Deposits” Section), even if you have already spent the funds. 

 

If you employer or other sender of recurring Direct Deposits notifies us about a transmission error or other problem with their systems, your access to the affected deposit or deposits may be delayed. In general, you should have access to such funds within five (5) Business Days, depending on how quickly the problem is resolved.

Notice of Deposits

You will receive notice that a deposit has been credited on you next Account statement. You may also see whether a deposit has been credited by checking your Account balance using the Flyp App.

Subsequent Reversals of Deposits

If you make a Direct Deposit and the paying bank either fails to make payment or subsequently requests a return of the funds, including due to fraud, mistake, insufficient funds, or any other reason, we may subtract the funds from your Account even if you have already spent them. You agree to pay us the amount of any and all reversed or returned deposits by deducting the applicable funds from your Account. You further agree that we are not responsible for any adverse consequences you may suffer as the result of deposits being reversed or returned as described in this paragraph. 

Overdrafts Are not Permitted

This Account does not allow you to have overdrafts and we may close your Account in our sole discretion if it becomes overdrawn for any reason or in any amount. This means that you are not permitted to create a negative Account balance, including by overspending using your Card. It is your responsibility to know whether you have sufficient available funds in your Account before using your card or authorizing a preauthorized debit. If a transaction exceeds your Account balance and causes your Account to be overdrawn, including because the retailer or merchant does not request authorization for a Card transaction or your available Account balance is insufficient to cover a preauthorized debit, you will be liable to us for the amount of that transaction. Your Account may also become overdrawn if a deposit is reversed. The amount of any overdrafts plus the amount of any overdraft fees will be deducted from your Account as soon as funds are available. If you fail to add promptly to your Account sufficient funds in the amount of any overdrafts and applicable overdraft fees, then to the fullest extent allowed by applicable law, you will be responsible for our reasonable costs incurred in collecting all amounts owed by you under this Agreement, including our reasonable attorney fees and costs. You may use your Account while it is in overdrawn status, and use will remain suspended until you have restored a positive Account balance. 

Withdrawals

You may withdraw funds from your Account in the ways described below and no other. Please consult the Fee Schedule for the fees that may apply.

Withdrawal Type Limit Frequency
Point-of-Sale (POS) Purchase Transactions.

You may make POS purchase transactions using your Card.

$5,000

$20,000

Per purchase and per day Per month
Cash Back at (POS).

You may receive cash in connection with a purchase transaction.

$5,000

$20,000

Per transaction and per day Per month
ATM withdrawals.

You may withdraw funds using your Card at ATMs.

$5,000

$20,000

Per transaction and per day Per month
Account-to-Account Transfer.

You may withdraw funds by transferring money to another outside account using your Card information.

$500

$1,000

Per transaction and per day Per month
Preauthorized debits.

You may use the 13-digit number assigned to your Account in allowing preauthorized direct debits to be made to third parties from your Account, including merchants or Internet service or other utility service providers. You may also arrange to make recurring payments to Merchants using your 16-digit Card number.

Up to your available
Account balance
Unlimited

Electronic Communications/Electronic Signature

Your Consent

To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.

Your Right to Withdraw Your Consent

Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by calling 833-998-2146. If you withdraw your consent to receive Communications electronically, we will close your Card Account and return your remaining Card Account balance as set forth in this Agreement, and you will no longer be able to use your Card or participate in the Program, except as expressly provided in this Agreement. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

Hardware and Software Requirements

In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher. 

Copies of Communications

You should print and save and/or electronically store a copy of all Communications that we send to you electronically.

Address or Name Changes 

You are responsible for notifying us of any change in your name, physical address, mailing address, email address, or phone number. Requests for address or name changes may be subject to additional verification requirements.

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.

We cannot accept responsibility for any email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account information to such individual.

Statements and Account Balance

You are responsible for keeping track of your Account balance.  Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction. 

 

You may obtain information about the amount of money you have remaining in your Account by accessing your account on the Flyp App. We will make a monthly account statement available to you electronically for any monthly cycle in which you have transactions on your Account, and in no event less than on a quarterly basis. The specific dates covered by your account statement will be shown on the statement. This information, along with a 12-month history of account transactions, is also available. You also have the right to obtain at least 24 months of written history of account transactions by writing us at www.flypMoney.com/contact-us. If you require a paper copy of your statement you may request it through the customer service contact information listed at the beginning of this Agreement.

Receipt of Card and Activation

Once you have successfully registered your debit Card, we will mail you a plastic, personalized Card with your name on it. We will mail the card to the mailing address we have on file. When you receive the personalized Card, you will need to activate it and choose a personal identification number, or PIN. You can do this by following the instructions that you will receive with the Card. Each personalized card issued to you must be signed immediately upon receipt. Cards may by activated by following the instructions in the Flyp App.


YOU CANNOT USE YOUR PERSONALIZED CARD TO PERFORM TRANSACTIONS UNTIL YOU HAVE ACTIVATED YOUR PERSONALIZED CARD AND SELECTED A PERSONAL IDENTIFICATION NUMBER (“PIN”) PURSUANT TO THIS AGREEMENT.

 

The front side of each personalized card will have a stated expiration date. The card will expire, in accordance with applicable law, on that expiration date. If your Account is in good standing, we will issue you a new personalized card when your Card expires. Any personalized cards you may receive will remain our property and cannot be sold or transferred to anyone else. Cards may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law. We may additionally revoke or suspend any Card features or services at any time without cause or notice. You cannot use your Card that if it has been revoked or has expired, and you must return your revoked Card to us upon demand. You are required to notify us promptly if your Card is lost or stolen.

Card Use

You may use your Card to purchase or lease goods or services anywhere Visa® debit cards are accepted. If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. 

 

If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $75.00 or more. If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier.

 

If you use your Card at a restaurant, a hotel, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. 

 

Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. 

Once the final payment amount is received, the preauthorization amount on hold will be removed.  It may take up to seven (7) days for the hold to be removed.  During the hold period, you will not have access to the preauthorized amount.

Unauthorized Card Activity

Your Card is intended for personal use, and we may cancel your Card if we determine that it is being used for business purposes. You may not use your Card for any online gambling, escort services, or any illegal transaction. You specifically agree that you will not use your Card at unlawful domestic or international gambling web sites, or at payment processors supporting unlawful gambling web sites, or to purchase illegal goods or services. We reserve the right to block, suspend, or cancel your Card if, or block any Card transaction, as a result of our policies and processes, we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity inconsistent with this Agreement. If we suspect your Card is being used for any unauthorized or unlawful purposes, you agree that we may immediately revoke your Card and close your Account.  We may also suspend your Card temporarily in the event we detect unusual or suspicious activity. You agree that if we choose to exercise any of these rights, we will incur no liability to you.

Card Pin

You will select your PIN during the registration process when activating your card by accessing the Flyp App. Only one PIN will be issued for each Card. Never share your PIN with anyone. Do not write your PIN on your Card or keep your PIN with your Card. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the Section labeled “Your Liability for Unauthorized Transfers.”

Cards Refunds and Returns

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant.  The exchange or return of merchandise purchased in whole or in part with the Card will be governed by the procedures and policies of each merchant and applicable law. At the time of any exchange or return, you should present both the merchandise receipt and the Card. 

 

If you receive a credit, the credit may not be added to the available funds on the Card for seven (7) business days. 

 

Neither the Bank, the Card Network, the Processor, Flyp, nor their respective affiliates, employees, or agents are responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card or any damages resulting directly or indirectly from the use of the Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

Fraudulent or Criminal Account Activity

We reserve the right to block, suspend, or cancel your Card if, as a result of our policies and processes, we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity inconsistent with this Agreement. We may temporarily suspend your Card in the event we detect unusual or suspicious activity. If we exercise this right, we will incur no liability to you because of any resulting unavailability of the funds in your Account or your inability to use your Card.

Card Replacement

If you need to replace your Card for any reason, please contact us at www.flypMoney.com/contact-us to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc.  

 

The first replacement card in each calendar year is replaced for no-fee. All other replacement card requests in that calendar year cost $5.00. This fee will be removed for your account upon issuance of the card. 

 

We reserve the right to require an affidavit signed by you and investigate the validity of any request. It may take up to fifteen (15) days to process a request for a replacement Card although we will endeavor to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances.

Card Expiration

The Card plastic is valid through the expiration date shown on the front of the Card, except where prohibited or modified by applicable law. The funds associated with the Card do not expire. You will not be able to use your Card after the expiration date; however, you may request a replacement Card at no cost to you by following the procedures in the Section labeled “Card Replacement.” The new Card will have a value equal to the remaining balance of the expired Card.

Foreign Currency Transactions

No foreign currency transactions are permitted on your Flyp card. 

Receipts

You should get a receipt at the time you make a transaction using your Card.  You agree to retain, verify, and reconcile your transactions and receipts.

Unclaimed Property

Applicable law may require us to report to state government authorities any funds remaining in your Account after a certain period of inactivity. In that event, we may try to contact you at the address shown in our records. If we are unable to contact you, we may be required to transfer any funds remaining in your Account to state government authorities as unclaimed property.

Confidentiality

We may disclose information to third parties about your Account or the transactions you make:

Please see the Sutton Bank Privacy Policy for further details

Our Liability for Failure to Complete

If we do not properly complete a transaction from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

Your Liability for Unauthorized Transfers

Lost or Stolen Card or Account Information
Contact us at once if you believe your Account credentials have been accessed without your authorization or your Card has been lost or stolen.

Call us at the Customer Service number 1-833-998-2146. Telephoning is the best way to minimize your possible losses.

 

If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, call us at the Customer Service number 1-833-998-2146. We will inactive your Card and send you a replacement Card. In some cases, we may close your Account to keep losses down. Upon your request, we may provide you with a replacement Account.

Visa Zero Liability Policy

To the extent not covered in elsewhere in this Agreement, Visa’s Zero Liability Policy provides you with protection against unauthorized signature-based Visa Debit Card transactions (PIN transactions are not covered under Visa’s Zero Liability Policy) processed through the Visa network, including Internet and telephone purchases. If you suspect that your Visa Debit Card number has been lost or stolen, you may not be responsible for any unauthorized signature-based purchases if you report the theft promptly.

Statement Errors

If you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the Section labeled “Your Right to Dispute Errors.”  

If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Account. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. 

Assignment; Applicable Law; Severability

This Agreement will be governed by and interpreted in accordance with federal law and, to the extent federal law does not apply, by the laws of the State of Ohio. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Ohio, with respect to all controversies arising out of or in connection with the use of the Card and this Agreement that are not subject to arbitration or to any proceeding to enforce the Arbitration Clause or to confirm or vacate an arbitration award.

Amendment and Cancellation

We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on our website at www.flypMoney.com and any such amendment shall be effective upon such posting to that website. The current Agreement is available at www.flypMoney.com and on the Flyp App.  

 

You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Account at any time. You may cancel this Agreement by returning the Card to us or contacting Customer Service. Upon cancellation of your Account, we will continue to honor Card transactions you have made up until your cancellation is processed in accordance with this Agreement, which may take up to forty-five (45) days following the cancellation of your Account, during which regular fees will apply. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Amendment and Cancellation

In the event that your Account is cancelled, closed, or terminated for any reason, you may request the unused Account balance to be returned to you via a check to the mailing address we have in our records.  

 

The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.  Any request for a return of funds shall be processed within a reasonable period of time after your request.

Overpayment

We reserve the right to deduct funds from your Account in order to correct a previous error or overpayment to you.

Your Right To Dispute Errors

In case of errors or questions about your electronic transactions, call 1-833-998-2146.

Statement Errors

If you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt call us at 1-833-998-2146  We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 1-833-998-2146 or at flypMoney.com. You will need to tell us:

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Account.

Visa Zero Liability Credit to your account

Flyp, using the Visa Zero Liability program, will credit your Card within five (5) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. 

Investigation

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, we may take up to forty-five (45) days to investigate and close your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. 

New Card or Point-of-Sale transaction errors

For errors involving new Cards or POS transactions we may take up to ninety (90) days to investigate your complaint or question. We will tell you about the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section. If you need more information about our error-resolution procedures, contact us at www.flypMoney.com/contact-us.

Error Resolution Timeline

No Warranty of Uninterrupted use

From time-to-time Account services may be inoperative, and when this happens, you may be unable to use your Account or obtain information from your Account, including the available balance of funds associated with your Account.  Please notify us at the Customer Service number stated below if you have any problems using your Account.  You agree that neither the Bank, the Card Network, Flyp, nor any of their respective affiliates, employees, or agents are responsible for any interruption of service.

Website and App Availability

If you notice your Statement has errors Notify Flyp within 60 days of date, you electronically access your Account or the date we sent the FIRST written history on which the error appeared<
If you do so verbally, we may ask that you also do so in writing within 10 days of phone call.
If we ask you to put your complaint in writing and you do not, we may not credit your account.
Flyp will then investigate
It may take up to 10 days.
Flyp may need more time to investigate.
We can take up to 45 days to complete our investigation. Customer Credit While we work and you wait, we may credit your account for the possible error, so you have use of the funds. This may take 10 days.
If your error involves a new account or a point-of-sale transaction, notify Flyp immediately.
Flyp may take up to 90 days to investigate.
Once the investigation is complete.
Flyp will notify you within 3 days.

Although considerable effort is expended to make our website, application (“App”), and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day.  You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, App updates, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

 

You agree to act responsibly with regard to our website and its use.  You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the website’s systems and integrity.

 

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment.   We advise the regular use of a reputable and readily available virus screening and prevention software.

English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Customer Service

For customer service or additional information regarding your Account, please contact us at 1-833-998-2146 or at www.flypMoney.com/contact-us. Customer Service agents are available twenty-four (24) hours a day, seven (7) days a week to answer your calls.

Telephone Monitoring/Recording

You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.

Section Headings

Section headings in this Agreement are for convenience of reference only and shall not govern the interpretation of any provision of this Agreement.

Entire Understanding

This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter.

Arbitration Clause

You or we may elect to resolve any claim by an individual arbitrator. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, you and we hereby waive the right to litigate the claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. 

 

Any claim, dispute, or controversy (“Claim”) between you and us arising out of or relating in any way to this Agreement, your Account, your usage of the Card, or transactions on the Account, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.

 

We will pay all fees associated with administration of arbitration, including fees to commence the arbitration. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

 

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

 

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

 

This Arbitration Clause shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity.  If any portion of this Arbitration Clause is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.  Any different agreement regarding arbitration must be agreed to in writing.

 

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

 

Solely for purposes of this Arbitration Clause, “We” or “Us” shall mean Sutton Bank, and its respective successors, affiliates, or assignees as well as any third party using or providing any product, service or benefit in connection with the Card.

 

You may reject this Arbitration provision by sending a written rejection notice to us at:  www.flypMoney.com/contact-us.Your rejection notice must be mailed within 45 days after your first card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this section or the Agreement.  

 

Flyp Classic Debit Card is issued by Sutton Bank, member FDIC, pursuant to a license from Visa U.S.A. Inc. 

 

This Cardholder Agreement is effective as of the Revision Date set forth above.

DIGITAL WALLET TERMS

These Digital Wallet Terms of Use (“Terms of Use”) apply when you choose to add your Flyp Visa Classic Debit card (“Card”) within the Flyp App to the Digital Wallet accessing Apple Pay, Samsung Pay, or Google Pay/Google Payments.   In these Terms of Use, “you” and “your” refer to the cardholder of the Card.  “We,” “us,” “our” and “Flyp” refer to Flyp Financial and/or Sutton Bank, the issuer of the Card.  The term “Digital Wallet” refers to Apple Pay, Samsung Pay, and Google Pay in whole or individually. 

 

Flyp Financial is a financial technology firm providing banking services of Sutton Bank through the Flyp app.

 

Flyp is not a bank. Banking services are provided by Sutton Bank, Member FDIC.

FLYP Financial and Digital Wallet

Flyp, Sutton Bank, and any affiliates do not own or operate Apple Pay, Samsung Pay or Google Pay and are not responsible for any information or services provided by these services, your wireless service provider, or any other third parties associated with them. We are only responsible for providing information to Apple, Samsung, and Google to allow you to add and use your Card to the digital wallet function. We are not responsible for any failure of or inability to use these Digital Wallet systems for any transaction. We are not responsible for the performance or non-performance of these services or any other third parties regarding any agreement you enter with them that impact your use of Apple Pay, Samsung Pay, or Google Pay.

Intellectual Property of Apple, Samsung, and Google

Apple Pay and Apple are trademarks of Apple Inc., Samsung Pay and Samsung are trademarks of Samsung Electronics America, Inc, and Google Pay and Google are trademarks of Google, LLC., registered in the U.S. and other countries.

Card or Underlying Account Terms

The terms and conditions applicable to your Card or the underlying account do not change because of adding or using your Card within Apple Pay, Samsung Pay, or Google Pay. These digital wallets are just another way you can use your Card to make purchases of goods and services at locations that accept digital payment. Apple, Samsung, and Google Pay may not be accepted at all places where your Card is accepted. Any applicable interest, fees and other charges that apply to your Card or the underlying account will also apply when you use your Card within these digital wallet formats to make purchases.  

Use of Your Card

Apple Pay, Samsung Pay, and Google Pay enables you to use your Card and an eligible mobile device to make purchases of goods and services using near field communication technology.  When you register your Card in any of these Digital Wallet functions, your Card information is converted to a device-only account number and stored on your eligible mobile device. The device-only account number may be used to pay for goods and services at participating merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments.  By selecting your Card within Apple Pay, Samsung Pay or Google Pay, following the instructions and placing your eligible mobile device near a merchant’s contactless-enabled point-of-sale terminal or reader, you are authorizing payment from your Card for the purchase of goods or services.

 

All purchases made using your Digital Wallet, including the delivery of such goods and services, returns, and warranties, are solely between you and the applicable merchant. You acknowledge that neither Flyp nor Sutton Bank endorse or warrant any merchants that are accessible using this form of payment and we are not responsible for or liable for any loss or damage because of any interaction between you and a merchant.

Lost or Stolen Mobile Device

You are solely responsible for maintaining the confidentiality of your passwords, login ID, and any other credentials or means that you may use from time to time have to access the Digital Wallet application. If you share these credentials with any other person, they may be able to use your Card(s) added to Digital Wallet and get access to your personal and payment information available through the Digital Wallet services. If your eligible mobile device is lost or stolen, your authentication (e.g., fingerprint or similar authentication method, or PIN) is compromised, or if your Card has been used without your permission, you must notify us immediately. If you fail to notify us immediately, you may be liable for part or all the losses in connection with any unauthorized use of your Card in your Digital Wallet.

 

The Digital Wallet provider may contemplate certain security features and procedures to protect against unauthorized use of any of your Card(s) in the Digital Wallet. These features and procedures are the sole responsibility of the Digital Wallet provider. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Cards added to Digital Wallets.

Digital Wallet Sponsor Offers

Third parties, such as merchants, may present you certain discounts, rebates, or other benefits with the use of your Digital Wallet. You acknowledge and agree that neither Flyp nor Sutton Bank endorse or warrant any of these offers and we are not responsible for or liable for any loss or damage because of your acceptance or use of an offer.

Fees

Neither Flyp nor Sutton Bank impose a fee for using your Card in the Digital Wallet format. However, Apple Pay, Samsung Pay, Google Pay, or your wireless service provider may impose certain charges or other fees for use of your Digital Wallet. 

Your Consent

You consent to receive electronic communications and disclosures from us in connection with your Card and its use in any of the Digital Wallet formats. You agree that by providing telephone number(s), email addresses and other contact information to us now or at any later time, you authorize Flyp or Sutton Bank to contact you using such information regarding any of your Flyp activities or Sutton Bank accounts. You give your consent to Flyp and Sutton Bank to monitor or record any phone call with you; to contact you by email or any other form of electronic communication in accordance with applicable law. If at any time you revoke this consent, we may suspend or cancel your ability to use your Card in the Digital Wallet formats.  

 

You acknowledge and agree that we may contact your wireless service provider and authorize your wireless service provider to disclose certain information about your wireless account, including but not limited to, your eligible mobile device phone number, IP address, name, address, and device data, to allow us to verify your identity and validate the information you provide to us. We will only access this information to initiate and continue the functionality of use of the Digital Wallet format.

Data Colletion

You agree that we may collect, transmit, store, and use certain information about you and your use of your Card in Apple Pay, Samsung Pay and/or Google Pay.  Flyp and Sutton Bank will use, share, and protect your personal information in accordance with the privacy policy applicable to your Card or the underlying account.  You acknowledge that other third parties, such as Apple, Samsung, Google, and Visa, will have access to certain details of Card transactions made using your Digital Wallet and any personal information that you may provide to Apple, Samsung, Google, or Visa directly.  You acknowledge that neither Flyp nor Sutton Bank have control over the privacy and security of your information that may be provided to or held by Apple, Samsung, or Google or other third parties that support these Digital Wallet formats and that any information you disclose to them, or any third party is subject to their respective privacy policy and not the Flyp or Sutton Bank privacy policy applicable to your Card or the underlying account.

Third Party Agreements and Support

Each of these third-party providers, your wireless service provider, and other third parties may have their own terms and conditions and other policies, such as privacy policies, and you are subject to those agreements when you agree to utilize their products and/or services.  Neither Flyp nor Sutton Bank, is responsible for, nor provide support or assistance with, any products or services provided by Apple, Samsung, or Google, your wireless service provider, or any other third party.  

 

Suspension or Cancellation of your digital wallet access

Sutton Bank reserves the right to discontinue participating in any of the Digital Wallet options through Flyp.  We may suspend or cancel your use of your Card in the digital wallet at any time without notice and for any or no reason.  You agree that Sutton Bank will not be liable to you or any third party for any blocking, suspension, cancellation, or termination of your use of your Card in Apple Pay, Samsung Pay or Google Pay.  You also acknowledge that use of a non-eligible mobile device to use your Card in any of the Digital Wallet formats is expressly prohibited, constitutes a breach of these Terms of Use, and is grounds for us to suspend, cancel, and deny further access of all Card in Apple Pay, Samsung Pay or Google Pay.

Disclaimer of Warranties

You expressly acknowledge and agree that use of your Card in the Digital Wallets is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.  No oral or written information or advice provided by Flyp or Sutton Bank, its authorized representatives or any third party shall create any express, implied, or statutory warranty with respect to your use of your Card in the Digital Wallet format.  Neither Flyp nor Sutton Bank will be liable to you for any circumstances beyond our control that interrupt, prevent, or otherwise affect your use of your Card within Apple Pay, Samsung Pay, or Google Pay, such as unavailability of access or your wireless service, communications, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection.  Neither Flyp nor Sutton Bank makes any guarantees about the information shown in the Digital Wallets.  Neither Flyp nor Sutton Bank is responsible for your mobile device or the software or hardware it contains and makes no representations, warranties, or guarantees concerning such matters.

Limitation of Liabilities

Except as otherwise provided by law, in no event will Flyp nor Sutton Bank, or their  direct or indirect subsidiaries, affiliates, shareholders, directors, officers, agents, employees, or representatives be liable for death, personal injury, property damage, or any incidental, special, indirect, punitive, exemplary or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of or damage to data, business interruption or any other commercial or financial damages, lost revenues, or other losses of any kind, arising out of this Agreement or in any way related to your use or inability to use your Card in Apple Pay, Samsung Pay, or Google Pay, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.  The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.  

Indemnification

You agree to indemnify, defend, and hold Flyp and Sutton Bank, and their direct or indirect subsidiaries, affiliates, shareholders, directors, officers, agents, employees, and representatives harmless from and against any and all claims, damages, losses, liabilities and expenses (including all fees of counsel and all expenses of litigation or preparation thereof) which may be incurred or asserted against any of the above by any third party in connection with or arising out of 

You must use your best efforts to cooperate with us and may also participate at your own expense in the defense of any such claim.  Sutton Bank reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not, in any event, settle any matter without Sutton Bank’s written consent. 

Arbitration Provision

The Flyp Classic Demand Deposit Account Agreement governs your Card and the underlying account. The Flyp Classic Demand Deposit Account Agreement contains an Arbitration Clause which applies to claims arising from your use of your Card.  That Arbitration Clause applies to any disputes between you and Flyp and/or Sutton Bank arising from your use of your Card within Apple Pay, Samsung Pay, or Google Pay.

Governing Law

These Terms of Use are made under Ohio law and are subject to Ohio law and applicable federal law. If any portion of these Terms of Use are found unenforceable, the rest of the Terms of Use, without the unenforceable term or terms, will continue in full force and effect.  You consent and submit to the exclusive jurisdiction of the state and federal courts located in Ohio, with respect to all controversies arising out of or in connection with these Terms of Use that are not subject to arbitration or to any proceeding to enforce the Arbitration Clause or to confirm or vacate an arbitration award. 

Change in Terms; Assignment

We may change the terms of these Terms of Use from time to time and for any reason, except as prohibited by applicable law.  If required by applicable law, we will notify you of changes. We can also assign these Terms of Use. You cannot change these terms, but you can terminate these Terms of Use at any time by removing all Cards from the Digital Wallet. You may not assign these Terms of Use. If you do not accept any revisions made to these Terms of Use, your sole and exclusive remedy is to cancel your use of and delete any Cards from all Digital Wallets.

Notices

Notices from you to us will be effective upon our receipt and reasonable time to process.  Flyp and/or Sutton Bank may notify you concerning these Terms of Use and use of your Card in Apple Pay, Samsung Pay, or Google Pay by posting the notice on our website, through electronic notice given to you through the Flyp App, through electronic notice given to you at any email address provided, or by contacting you using any telephone number you have provided to us, or by contacting you at the address we have on file for you.

REWARDS WHEEL SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

The Rewards Wheel Sweepstakes (the “Sweepstakes”) consists of opportunities to win prizes based on the spinning of a virtual Prize Rewards Wheel within the Flyp mobile application (the “App”).

Who Can ENTER?

The Sweepstakes is open to individuals who are: (i) legal residents of the 50 US states (including D.C.); (ii) at least 18 years old and the age of majority in their jurisdiction of residence at the time of entry; (iii) physically located in the United States at the time of entry; and (iv) otherwise eligible under any applicable law, guidance, or regulation to enter or receive winnings, including but not limited to the United States’ Patriot Act of 2001.  

Agreement to Official Rules

By entering this Sweepstakes, you (“You”) agree to be bound by these Official Rules and the decisions of Flyp, which are final and binding regarding all matters related to the Sweepstakes.  By participating, You release, discharge and hold harmless Flyp from any claims, losses, or damages arising out of Your participation in the Sweepstakes and, if declared a Winner, the acceptance or use, misuse or possession of any prize, as further detailed below.

Promotion Period

The Sweepstakes begins and ends at the times set forth below.  For purposes of the Sweepstakes, Eastern Time on any day shall mean the applicable local time in New York, New York on that day.  Flyp’s computer system is the official timekeeping device with respect to all matters relating to the Sweepstakes.

Start Time: December 1, 2021

End Time: March 31, 2022

There are two ways to enter

To spin the Rewards Wheel without opening a Flyp account, mail an envelope containing the receipt of the qualifying purchase to the Flyp address listed below and a 3×5 card with your name, address, mobile telephone/text number, and email address, clearly printed, where you can be reached. By submitting your entry, You give Flyp permission to contact you through email, text, phone and/or address regarding only your entry in the sweepstakes.

Flyp will adhere to the Flyp Privacy Policy in respect to all information received as part of the Rewards Wheel Sweepstakes.

Non-Flyp Card entries should be mailed via U.S.P.S. with the proper postage to: Flyp Financial, Inc., 15105 John J. Delaney Dr., Suite D199, Charlotte, NC 28277. Flyp is not responsible for mishandled mail.

Upon receipt Flyp will spin the Rewards Wheel on your behalf and email the results to the contact information given. If you do not receive an email and expect that enough time has passed for US Postal Service delivery and mail processing time, and you have reviewed your Junk or other alternative email folders, then please reach out to us via www.flypMoney.com/contact-us and we will work to locate your submission. 

MESSAGE AND DATA RATES MAY APPLY to the use of a mobile device to participate in the Sweepstakes. Consult Your wireless carrier’s pricing policies prior to participating in the Sweepstakes. Internet access is not available on all mobile devices or available or free to use in all locations.

The use of any robot, computer program, sweepstakes entry service or similar entry method is prohibited and will void Your entry(ies) and You may be disqualified from the Sweepstakes. In the event of a dispute regarding the identity of the individual entering the Sweepstakes during the Promotion Period, the authorized subscriber of the email account associated with the Flyp account from which the entry was received will be deemed to be the entrant and must comply with these Official Rules. Authorized subscriber means the natural person who is assigned the email address by the relevant Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the email address. 

Winner Selection and Verification

During the Promotion Period, You have the chance to win a prize by spinning the virtual Rewards Wheel. The odds of winning a given prize are posted below.  An entrant is not considered the actual winner (the “Winner”) of a prize, even if notified by the App or otherwise of their selection as a potential winner, unless and until the entrant receives an email or in-App notification from Flyp indicating that the entrant’s eligibility, that the prize won has been verified, and that the prize has been credited to the potential winner’s account. 

 

A non-Flyp account mailed entry is not considered the actual winner (“The Winner”) of a prize, even if notified by email or text, or otherwise of their selection as a potential winner, unless and until the entrant’s eligibility is verified and the entrant is eligible within Federal and State Regulations including, but not limited to, the U.S.A. PATRIOT Act of 2001.

 

Winning is conditioned on You complying with all Official Rules and any instructions in the prize notification, including completing and returning any affidavit of eligibility and/or release of liability/publicity.  

Prizes and Odds

The following prizes will be available on the Rewards Wheel and with the stated odds of winning during the Promotion Period as set forth below. All prizes in the Sweepstakes are awarded as either cashback into Your Flyp digital wallet, or FlypCoins which will be kept in your Flyp account.

 

A non-Flyp account mailed entry is not considered the actual winner (“The Winner”) of a prize, even if notified by email or text, or otherwise of their selection as a potential winner, unless and until the entrant’s eligibility is verified and the entrant is eligible within Federal and State Regulations including, but not limited to, the U.S.A. PATRIOT Act of 2001.

Winning is conditioned on You complying with all Official Rules and any instructions in the prize notification, including completing and returning any affidavit of eligibility and/or release of liability/publicity.  

Reward level Chance of Winning Max Cash Back
100% cashback
0.02%
$500
75% cashback
0.03%
$375
50% cashback
0.04%
$250
30% cashback
0.05%
$150
20% cashback
0.10%
$100
10% cashback
0.30%
$50
3x Purchase in FlypCoins
10.00%
n/a
3x Purchase in FlypCoins
10.00%
n/a
2x Purchase in FlypCoins
15.00%
n/a
2x Purchase in FlypCoins
15.00%
n/a
1x Purchase in FlypCoins
24.73%
n/a
1x Purchase in FlypCoins
24.73%
n/a

Each prize will be fulfilled via a credit of Rewards, in the amount of the prize announced, to the Winner’s Flyp account.  The date of award will be the date on which Flyp deposits either cash or FlypCoins in the Winner’s account, after Flyp determines it has completed all required Winner verification for the prize awarded. 

 

For non-Flyp account holders the Flyp team will validate the eligibility of purchase and spin the virtual wheel on your behalf. FlypCoin winnings will be held in escrow until such time a Flyp account is opened with your corresponding name and phone number. Once a Flyp account is opened please contact us at www.flypMoney.com/contact-us to provide your information for the transfer of escrowed FlypCoins. 

 

Cash winnings will be held in escrow until such time of a Flyp account being opened with your corresponding name and phone number or, accumulated winning cash balance is equal to $25.00 USD at month end. 

 

All balances that meet the $25.00 USD minimum at the close of the month will be sent a check to the name and address on file. All accounts that do not meet the minimum of $25.00 USD will remain in escrow until the earlier date, of a Flyp account being opened or the cash winnings meet the minimum balance for mailing a check. All other prize opportunities that may be offered in the future will follow a similar process of holding in escrow until such time of a Flyp account being opened or the minimum value for sending the prizes is met. 

All calculations and determinations shall be performed by Flyp at its sole discretion. 

 

You must maintain Your Flyp account until award of such prize for which You are finally determined to be the winner.  Non-Flyp Account holders will have their escrowed FlypCoins, and Cash winnings maintained in until such time as the customer advises Flyp to remove their information from the Flyp data repository or ten years from the last mailed submission to Flyp. All prizes that are unclaimed become property of Flyp. Flyp will use the information in Your account for eligibility and notification purposes in connection with the Sweepstakes.  You are responsible for keeping that information accurate. Flyp customers may keep their contact information accurate thru the Flyp App or by contacting www.flypMoney.com/contact-us and providing the information change request. Flyp will contact the customer to authenticate the request and ensure the change is completed. 

 

Non-Flyp customers may use www.flypMoney.com/contact-us to make the request and Flyp will contact the customer to authenticate the request and ensure the change is completed. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner.

Publicity

Submission of an entry in the Sweepstakes constitutes permission to the Flyp to use entrants’ name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, links to your social media posts announcing Your prize and prize won (if any) in connection with the Sweepstakes, including winner announcements in the Flyp App and on Flyp’s social media and web pages , and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium (now existing or hereafter devised), throughout the world and in perpetuity, without further notice, approval, or compensation, unless prohibited by law.  Submission also constitutes permission to Flyp to disclose entrants’ name, should entrant win, in connection with any requests for a list of winners.

Disqualification: Flyp’s Decision Final

Flyp reserves the right in its sole discretion to disqualify (and void the entry(ies) of) any person it believes such person has violated these Official Rules, is not eligible to participate, has provided false information, acted in a harassing or unsportsmanlike manner with respect to Sponsor, any Promotion Party or any other entrant, or tampered with the operation of the Sweepstakes.  Decisions of Flyp on all matters related to the Sweepstakes are final and binding. Flyp reserves the right to cancel or modify the Sweepstakes for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Sweepstakes as determined by Flyp, in its sole discretion.

 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APP OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. FLYP RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

General Conditions

The Sweepstakes is void where prohibited by law, and is subject to all applicable federal, state and local laws and regulations, and Flyp’s Terms of Use and Privacy Policy. Flyp reserves the right to modify, suspend or terminate the Sweepstakes in the event it becomes infected by a computer virus or is otherwise technically impaired, or based on the technical, legal and policy requirements of the platform(s) by which it is made available, and to cancel or suspend the Sweepstakes in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes and, if terminated, at Flyp’s discretion, conduct a random drawing from among all non-suspect eligible entries received to that point, for any unawarded prizes.  

Limitations of Liability and Release

Flyp is not responsible for, and by participating You release the Flyp from, any and all claims or liability that may arise, directly or indirectly, out of Your participation in the Sweepstakes or acceptance, use, or misuse of any prize, including without limitation, for any problems related to technical malfunctions of electronic equipment, computer online systems, servers, providers, computer hardware or software or phone lines, congestion on the internet or any website/app, unauthorized intervention, viruses, maintenance or any other technical problems; failed, lost, delayed, incomplete, garbled, or misdirected communications regardless of cause which may limit a person’s ability to participate in the Sweepstakes; errors in the administration of the Sweepstakes, the announcement of any prize, or in any Sweepstakes-related materials; printing or human error; and any injury or damage to persons or property.  You agree that Flyp’s and Promotion Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes and under no circumstances will Flyp be responsible for attorney’s fees.  You waive the right to claim any damages, including direct, indirect, punitive, or consequential. California Civil Code Section 1542 provides that:

 

 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

 

By participating, You, on Your behalf and for Your heirs, successors, assigns, agents and representatives, acknowledge that You understand the significance and consequences of California Civil Code Section 1542 and, to the extent it may be applicable, hereby waive its benefits, with the intent that the releases and waivers of liability in these Official Rules include claims known or unknown, and suspected or unsuspected.  

Communications; Privacy; Governing Law

By participating in the Sweepstakes, You agree to use of Your personal information, including email address, by Flyp (or third parties performing services for Flyp) for administration of the Sweepstakes including, without limitation, verifying Your eligibility, contacting You regarding Your entry or any prize, fulfilling any prize won, avoidance of fraud/tampering, compliance with legal obligations, and analytics and improvement of offerings.  For additional information about how Flyp uses Your data and to opt-out of certain communications from Flyp, visit Flyp’s Privacy Policy.

 

Governing Law: Any dispute arising from this Sweepstakes or these Official Rules, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Flyp in connection with this Sweepstakes, shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect or regard to any principles or doctrines of conflicts of law.

Disputes

Except where prohibited by law, any action arising out of or relating to this Sweepstakes or these Official Rules shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), and as modified by these Official Rules. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If Your claim in arbitration is for less than $10,000.00, Flyp will reimburse You for filing fees at the conclusion of the proceeding unless Your claim is found to be frivolous by the arbitrator.  The arbitration shall be held at a location in the state in which You live.

 

 ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED.

 

Notwithstanding anything to the contrary in these Official Rules, if the amount in dispute arising out of or relating to this Sweepstakes or these Official Rules is less than the jurisdictional maximum of a small claims court applicable in the state in which You live, You may bring an action in such small claims court for such dispute, which will be in lieu of arbitration or an action in any other court so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.  In all cases, you agree that all claims, judgments, or awards will be limited to actual out-of-pocket expenses incurred in entering the Sweepstakes.

Sponsor-Flyp

Flyp Financial, Inc., 15105 John J. Delaney Dr., Suite D199, Charlotte, NC 28277

Inquiries

All inquiries regarding the program should be directed to the address above, through the www.flypMoney.com/contact-us customer service portal, or to compliance@flypMoney.com

CHANGE LOG

1/18/22 – Web address reference throughout the document was changed from weflyp.com to flypMoney.com due to a change in website address. 

 

1/18/22 – Updated Electronic Communications and Electronic signature from,

 

“YOU AGREE TO ACCEPT ELECTRONIC COMMUNICATIONS INCLUDING ALL RECORDS, NOTICES, AND STATEMENTS, STATEMENTS WHEN YOU SIGN UP FOR THE ACCOUNT OR USE THE ACCOUNT IN ANY WAY.

 

By accepting and agreeing to receive electronic communications, you represent that: (1) you have read and understand this consent and have the necessary hardware and software to receive communications electronically, and (2) agree that your consent will remain in effect until it is withdrawn.

 

You may withdraw your consent to receive further communications electronically at any time by contacting us through the customer service contact information listed at the beginning of this Agreement. If you withdraw such consent, we reserve the right to close your Account and mail you your remaining Account balance. Any withdrawal of consent to receive communications electronically will be effective only after we have a reasonable period of time to process your withdrawal request. Please note that your withdrawal of consent will not apply to any Communications electronically sent to you before your withdrawal request has been processed.”,

 

to the current verbiage in the document as of 1/18/2022 with a more detailed and robust Electronics Communication acceptance. The addition of the proper hardware and software, the Customer Service phone number included in the section for easier access, the requirement to store electronic communications we send, instruction on address or name changes, and removing responsibility from Flyp for email messages not received by you.