Savings Account Agreement
EFFECTIVE 03/19/2020 - PLEASE READ THIS DOCUMENT CAREFULLY
Table of Contents
Savings Account Agreement and Disclosures
This agreement contains the Savings Account Agreement (the “Agreement”) for the optional savings account (“Chime Savings” or “Savings Account”) made available to eligible consumers by The Bancorp Bank, Wilmington, Delaware, member of the Federal Deposit Insurance Corporation (“FDIC”) (the “The Bancorp Bank”, the “Bank” or “Issuer”) on behalf of 1debit Inc. (“Chime”). Chime is the program partner responsible for managing the Savings Account and its related Spending Account, defined below. “We”, “our”, and “us” refer to the Bank, our successors, affiliates, or assignees. “You”, “your”, and “member” refer to the owner of the Savings Account.
The Spending Account is a demand deposit account available from The Bancorp Bank. The optional Savings Account, which is an interest bearing savings account, is only available to holders of a Spending Account.
The holder of a Chime Account may submit a request to open a Chime Savings Account at the Chime Account website (the “Website”) at chime.com or by using the Chime mobile banking application (the “Mobile App”). Chime Savings is not designed for business use, and we may close the account if we determine it is being used for business purposes. We may refuse to process any transaction(s) we believe may violate the terms of this Agreement.
Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” founds in this Agreement are calendar days unless indicated otherwise.
Savings Account Basics
Who is eligible for Chime Savings
- The optional Savings Account is available only to citizens and permanent residents of the fifty (50) United States (“U.S.”) and the District of Columbia who are at least 18 years of age with a valid Social Security number who are holders of a Chime Spending Account (“Spending Account” or “Chime Account”). You must agree to accept electronic, rather than paper statements. This means; (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (like end-of-year tax forms and electronic statements).
- To open a Savings Account, your Spending Account must be open and active.
- We may use information from third parties to help us determine if we should open the Savings Account.
- Chime Savings is an optional online Savings Account available only to persons who have an open and active Spending Account. Chime Savings depositors may additionally opt in to the Automatic Savings feature. See the paragraph labeled “1. Deposits to the Savings Account” in Section C for additional details about the feature.
Savings Account Titling and Ownership
- A Savings Account may only be owned and titled in the name of one (1) person who shall solely retain the right to direct the deposit or transfer of funds. The Savings Account cannot be owned or titled jointly, by an organization, as Payable on Death (“POD”) or “In Trust For” (“ITF”).
Death or Incapacitation
- You or your appointed party, designee, or appointed individual agree to notify us promptly if you become legally incapacitated, are deemed incompetent, or die. We will continue to accept deposits and process transaction instructions into and from the Savings Account until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death we may pay or process transactions involving the Savings Account on or before the date of death for up to ten (10) days after that date unless ordered to stop by someone claiming interest in the Savings Account. We may require additional documentation to confirm any claims made on the Savings Account.
Our Relationship With You
- This Agreement and the deposit relationship do not create a fiduciary relationship.
General Rules Governing Savings Accounts
The Savings Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Savings Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.
Deposits to the Savings Account
- You may make deposits to the Savings Account by transferring funds from your Spending Account using the Website or the Mobile App. These transfers are referred to as “Online Transfers.”
- If you activate the optional Automatic Savings Feature, described in detail in the agreement containing its terms and conditions (“Automatic Savings Agreement”), Chime will initiate deposits to your Savings Account on your behalf. Such deposits include
- “Round Up Transfers” (described in the Automatic Savings Agreement) which can be between $0.01 and $0.99 each, to be deducted from your Spending Account balance, with the particular amount of the Round Up Transfer to be based on the amount of the underlying eligible purchase you made with the Spending Account.
- “Save When I Get Paid” (described in the Automatic Savings Agreement) which allows members to automatically transfer a percentage of direct deposits from your Spending Account to your Savings Account.
- Chime may offer additional Automatic Savings methods and bonuses besides those described in the Savings Account Agreement, described in detail in the Automatic Savings Agreement, that have additional eligibility requirements and disclosures.
- We will not be liable to you for our failure to transfer funds under any Automatic Savings Feature that you select, for any reason, including system outages or defects. In particular, we will not be liable for any interest you might have earned on the savings account if the funds were not transferred.
- See the paragraph labeled “2. Transaction Limitations” in Section D for additional details about deposits.
Withdrawals from the Savings Account
You may withdraw funds from the Savings Account by transferring funds to your Spending Account using the Website or the Mobile App. These transfers are referred to as “Online Transfers.”Federal regulations limit the number of Online Transfers from the Savings Account to six (6) per statement cycle. Any transfers initiated from the Savings Account to the Spending Account after the sixth transfer via the Website or Mobile App will be blocked until the start of the next statement cycle. At the beginning of the next statement cycle, access to transfer from the Savings Account will be restored to six (6) for that cycle. We reserve the right to require seven (7) days written notice before you withdraw money from your Chime Savings Account.
The account number of the Savings Account cannot be used for preauthorized direct debits (“ACH Debits”) from merchants, Internet service or other utility service providers (“Merchants”) or for the purpose of initiating direct deposits to the Savings Account. If presented for payment, ACH Debits and direct deposits will be declined and payment/deposits to or from the Merchant or deposit provider will be returned.
Right to Set Off
If the balance of your Spending Account should become and then remain negative for fifteen (15) days, the funds, if any, in your Savings Account may be used to repay the negative balance. This means we have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. Further, you grant us a lien on and security interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to us, now or in the future. We will notify you if we have exercised our right to set off.
Legal Processes Affecting Savings Accounts
If legal action such as a garnishment, levy or other state of federal legal process (“Legal Process”) is brought against the Savings Account, we may refuse to permit (or may limit) transfers from it until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, we have first claim to any and all funds in your Savings Account. We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, even if any funds we may be required to pay out leaves insufficient funds for a transfer you have authorized. Payment is made after satisfying any fees, charges or other debts owed to us. You agree that you are responsible for any expenses, including legal expenses and fees we incur due to any Legal Process affecting your Savings Account. We may charge these expenses to your Savings Account. You will indemnify us for any losses if we do this.
A Savings Account with a zero balance or no customer initiated activity for nine (9) continuous months is considered inactive and is subject to closure. For purposes of this paragraph, customer initiated activity includes any Online Transfers you make to or from the Savings Account as well as any Round-Up Transfers made on your behalf. For additional details about closing the Savings Account, see the paragraph labeled “6. Amendment and Cancellation” in Section D.
Electronic statements are available to view and print at chime.com. Savings Account statements are considered to be correct. Carefully review your statement each statement cycle and notify us of any errors within sixty (60) days of your statement becoming available. You also have a right to obtain a sixty (60) day history of your Savings Account transactions by calling 1 (844) 244-6363. You will not automatically receive paper statements.
- All Online Transfers are completed electronically. You will have immediate availability to your funds once they are transferred from the Savings Account to your Spending Account or from the Spending Account to the Savings Account.When Your Deposit is Received. Direct Deposit will be available on the day we receive your deposit. If you make a deposit on a day that is not a business day, we will consider the deposit to have been made on the next business day.
Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement at chime.com, and any such amendment shall be effective upon such posting to the Website. The Agreement is also available at chime.com. You will be notified of any amendment(s) in the manner provided by applicable law prior to the effective date of the amendment(s). However, if the amendment(s) is made for security purposes, we can implement it without prior notice.
We may cancel or suspend your Savings Account or this Agreement at any time. You may cancel this Agreement by calling 1 (844) 244-6363 to close your Savings Account. Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to cancellation.
If your Savings Account is cancelled, closed or terminated for any reason, any remaining balance will be transferred to your Spending Account.If your Savings Account is closed prior to the end of the statement cycle, any accrued interest earned for that cycle will be forfeited. Once the Savings Account is closed, you cannot request a new Savings Account for ninety (90) days.
IMPORTANT: If your Spending Account is closed for any reason, the Savings Account will automatically be closed. Upon closure, any remaining funds in the Savings Account, including any interest payments due to you, will be aggregated with the remaining funds in your Spending Account. The aggregated funds will then be made available for refund in accordance with the terms of the paragraph labeled “9. Amendment and Cancellation” found in Section C of the Chime Deposit Account Agreement where we describe the process of closing the Spending Account and refunding the account balance.
If your Savings Account is cancelled, closed or terminated for any reason, and you are still eligible to open a Savings Account, you may apply for a new Savings Account. You will not be eligible to apply for a new Savings Account until ninety (90) days after the date of closure. Only one active Savings Account is allowed per customer.
Our Liability for Failure to Complete Transactions
If we do not properly complete a transaction between your Savings Account and your Spending 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:
- If through no fault of ours, you do not have enough funds available in your Savings Account to complete the Online Transfer;
- If access to your Savings Account or Spending Account has been blocked after you reported your Card or Spending or Savings Account number lost or stolen;
- If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
- If we have reason to believe the requested transaction is unauthorized;
- If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
- Any other exception stated in our Agreement with you.
We may disclose information to third parties about your Savings Account or the transactions you make:
- Where it is necessary for completing transactions;
- In order to verify the existence and condition of your Savings Account for a third party;
- In order to comply with government agency, court order, or other legal or administrative reporting requirements;
- If you consent by giving us your written permission;
- To our employees, auditors, affiliates, service providers, or attorneys as needed; or
- Otherwise as necessary to fulfill our obligations under this Agreement.
- Information About Your Right to Dispute ErrorsIf you believe your Savings Account number has been lost, stolen, or compromised in any way, or someone has transferred or may transfer money from your Savings Account without your permission, contact us immediately by calling 1-844-244-6363, or writing to Chime Member Services, P.O. Box 417, San Francisco, CA 94104-0417, or emailing us at email@example.com”. While the nature and frequency of transactions into and out of your Savings Account are described in this Savings Account Agreement, please see “Section II ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS,” of the Deposit Account Agreement where your liability for unauthorized transfers from the Spending Account is explained.
For member services or additional information regarding your Savings Account, please contact us at:
Member Service agents are available to answer your calls:
Monday through Saturday, 7 a.m. to 7 p.m. CST
Sunday, 9 a.m. to 6 p.m. CST (holidays excluded)
Truth in Savings Disclosures
Opening Deposit and Balance Requirements
There is no minimum deposit requirement to open a Savings Account. While there are no minimum or maximum balance requirements, a Savings Account with a zero (0) balance for nine (9) continuous months will be subject to closure. See the paragraph labeled “9. Amendment and Cancellation” in Section C above for additional details.
DEPOSITS to the Savings Account may be made from your Spending Account at the Website or by using the Mobile App. These are the Online Transfer limits that apply to your deposit activity:
Transaction Type Frequency and/or Dollar Limits* Online Transfer from Spending Account to Savings Account No Limits to the number of times per day and no maximum dollar limit
WITHDRAWALS may only be made via Online Transfer from the Savings Account to your Spending Account. Federal regulations limit the number of Online Transfers from the Savings Account to six (6) per statement cycle. Any transfers initiated from the Savings Account after the sixth transfer will be blocked until the start of the next statement cycle.
The current interest rate and Annual Percentage Yield (“APY”) for the Savings Account appear in the Interest Rate Schedule shown below. This is a variable rate account. We may, at our discretion, change the interest rate and APY for the Savings Account at any time. Interest begins to accrue no later than the business day the deposit is applied to the Savings Account. Interest will be compounded daily and credited to the Savings Account on a monthly basis.
Interest Rate Annual Percentage Yield (APY) 0.25% 0.25%
Savings Account interest is calculated using the daily balance calculation method. This method applies a daily periodic rate to the principal balance in the Savings Account each day. There are no minimum or maximum balance restrictions on the Savings Account.
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable.
- Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) the Savings Account; iii) your establishment of the Savings Account; iv) your use of the Savings Account; v) the amount of available funds in the Savings Account; vi) advertisements, promotions or oral or written statements related to the Savings Account; vii) the benefits and services related to the Savings Account; or viii) transactions made using the Savings Account, no matter how described, pleaded or styled, shall be FINALLYand EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. 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).
We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
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 OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Savings Account, or any amounts owed on your Savings Account, to any other person or entity; or iv) closing of the Savings Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, CALL 1 (844) 244-6363 TO CLOSE THE SAVINGS ACCOUNT AND REQUEST A REFUND, IF APPLICABLE
This Agreement is effective 03/2020