Terms and Conditions of Using the Pay Anyone Transfer Service as a Non-Chime Member

Subject to the terms of this Agreement, Chime grants you limited access to the Pay Anyone Transfer Service (“Pay Anyone” or “Service”) via the Chime mobile app or Chime’s web page. Chime’s Banking Partners, The Bancorp Bank, N.A. and Stride Bank, N.A. (“Banking Partners”) provide you with this service. Your access to this service only allows you to receive money (“Pay Anyone Transfer(s)”) from Chime Checking Account holders (“Chime Members”).

Your use of this service does not create a relationship between you and any of Chime’s Banking Partners and does not render you a Chime Member.

Your access to Pay Anyone is determined by Chime in its sole discretion based on a variety of risk-based factors. If you violate any Chime policy or terms and conditions, such actions may be used as a basis to terminate your access to the service. Chime may suspend or terminate your use of Pay Anyone at any time and without prior notice to you.

By using the Pay Anyone Transfer Service, you agree that you will not engage in any conduct that would be considered a criminal offense or would give rise to civil liability or violate these terms and the Agreement.

If you are sent a Pay Anyone Transfer and we later determine in our sole discretion that the Pay Anyone Transfer was invalid for any reason, (for example, the Pay Anyone Transfer was not authorized by the sender), Chime may block you from receiving the Pay Anyone Transfer.

Messaging Consent

By providing Chime with your first and last name, email address, and U.S. debit card information, you are representing that you are the owner of the debit card and associated U.S. bank account. IN ADDITION, YOU AGREE TO RECEIVE EMAIL AND SHORT MESSAGE SERVICE (“SMS”) NOTIFICATIONS FROM US, OUR AFFILIATES, SERVICE PROVIDERS, AND AGENTS AT THAT NUMBER, INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”), AND/OR EMAILS FROM US IN ORDER TO CARRY OUT THIS SERVICE. You acknowledge and agree that such messaging may include, but is not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our Affiliates, service providers, and agents. Please review our Privacy Policy for more information.

Mobile Carrier Information: Message and data rates may apply to the use of the mobile device when transferring funds using the Services via Chime’s mobile app or web page.

In case of questions related to Pay Anyone, please contact Chime Member Services at 1-844-244-6363.

To claim a Pay Anyone Transfer(s), click on the link that was sent in the SMS or email you received. Once you are on the app or web page, enter your first and last name, U.S. debit card information, email address, and any other information you are prompted to provide to verify that you are the intended recipient. Then click the claim funds button. If you submitted the required information and received a confirmation that the Pay Anyone Transfer was successful, funds will be credited to the U.S. bank account associated with the debit card information you have provided to Chime, however the funds may not be available in your bank account for up to 30 minutes, or longer, following the Pay Anyone Transfer, depending on your bank. Please note, you may only use a U.S. bank issued debit card to claim funds using this Pay Anyone feature. Credit cards, prepaid cards, and debit cards issued by a Non U.S. bank are not eligible to use with this service.

Funds that are sent to you by a Chime Member are available to be claimed for fourteen (14) days from the time the transfer was initiated by the Chime Member. After 14 days, the transaction will expire, and the funds will automatically be transferred back to the sending Chime Member. 

Please be aware that a Chime Member can cancel a Pay Anyone Transfer prior to your claim of the funds.

During the Pay Anyone Transfer claim process, you have the option to request that we autofill your provided debit card information to receive future Pay Anyone Transfers to that debit card. If you decide to take advantage of this feature, you will not need to re-enter your chosen debit card information for future Pay Anyone Transfers when claiming funds with a debit card.

Pay Anyone Transfers will be monitored and may be held, delayed, or blocked if, in Chime’s sole discretion, Chimes concludes that completing the transfer could result in a breach of this Agreement, fraud, any financial harm or harm to the safety and integrity of the Pay Anyone Transfer Service.

Chime may require additional information from you to complete a Pay Anyone Transfer. Specifically, Chime may request that you provide additional information to verify your identity.

You must make sure that the debit card information you have provided is entered accurately to ensure funds are transferred to your bank account. It is your obligation to provide the correct debit card information. Chime is not responsible for Pay Anyone Transfers not received due to an error in the information entered by the recipient or additional errors unrelated to Chime’s platform.

Pay Anyone Transfers can be made 24 hours a day, 365 days a year regardless of holiday or weekend schedules. You acknowledge that Pay Anyone Transfers, including the instant payout of a successfully claimed Pay Anyone Transfer, may be affected, or delayed by technological disruptions. We may limit how many transfers you can accept, and the amount of funds transferred you can accept in a single day, week, or month.

Funds availability may depend on your bank that issued the debit card used to complete the Pay Anyone Transfer. The funds transfer transaction may appear in processing or pending status and your available balance may not update until the transaction has been fully processed by your bank. This may take up to 30 minutes, or longer, depending on your bank.

A Non-Chime Member may be eligible to open a Chime Checking Account (and become a Chime Member) in order to Receive Funds, Request Funds from other Chime Members as a Member, or Send from Member’s Checking Account. If you wish to obtain access to these features, you must sign-up and be approved for a Chime Checking Account. You may sign up via the Chime mobile app or by visiting https://www.chime.com/ and accurately provide all required information. Once you are approved to open a Checking Account, please see your Bank’s Deposit Account Agreement for Pay Anyone Terms and Conditions for Chime Members. This is an alternative method to claim funds, it is NOT required to claim funds.

Fees: There are no fees associated with the use of the Pay Anyone Transfer Service.

Non-Member Claim Limits

These are the limits associated with the claim of funds from Pay Anyone Transfer(s).

We may change the below stated frequency and/or dollar send limits with notice (or without) as required by applicable law. Furthermore, Non-Chime Members shall not subvert or otherwise avoid the funds claim limits by, among other actions, using multiple devices to receive Pay Anyone Transfers. 

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS REQUIRED BY LAW, CHIME AND ITS BANKING PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, CHIME AND ITS BANKING PARTNERS DO NOT WARRANT THAT: (1) THE INFORMATION PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE CORRECT, ACCURATE, UP-TO-DATE, OR RELIABLE; (2) THE SERVICES BE UNINTERRUPTED OR ERROR-FREE; (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED BY OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (4) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

IN NO EVENT WILL CHIME OR ITS BANKING PARTNERS, THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE PAY ANYONE TRANSFER SERVICE, CHIME MOBILE APP OR CHIME WEB PAGE (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PAY ANYONE TRANSFER SERVICE, CHIME MOBILE APP OR CHIME WEB PAGE (III) ANY OTHER ISSUES RELATING TO THE PAY ANYONE TRANSFER SERVICE, CHIME MOBILE APP OR CHIME WEB PAGE, OR THE CONTENT, EVEN IF CHIME OR ITS BANKING PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PAY ANYONE TRANSFER SERVICE, CHIME MOBILE APP OR CHIME WEB PAGE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SAME. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF CHIME ITS BANKING PARTNERS, THEIR OWNERS, DIRECTORS, OFFICERS AND AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU OR WE CAN SEEK RELIEF UNLESS YOU OPT OUT OR ARE A “COVERED BORROWER” AS DEFINED BY THE MILITARY LENDING ACT. FOR INFORMATION ABOUT OPTING OUT, PLEASE SEE SECTION VI. d) BELOW.

This dispute resolution section by binding arbitration is referred to in this Agreement as the “Arbitration Agreement.” As used in Section VI, the terms “Chime,” “we,” and “us” mean Chime Financial, Inc., and its past, present, and future parents, subsidiaries, affiliate entities. The following terms are applicable to all products and Services you receive from or through Chime, and to any interaction you have with Chime. You and Chime agree that any dispute, claim, controversy, or disagreement between you and Chime arising out of or relating in any way to this Agreement, your relationship or interaction with us, or these products or Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below. “Dispute” will also include disputes that were not noticed at the time you first became subject to this Agreement but arose or involve facts occurring before the existence of this or any prior versions of this Agreement, as well as claims that may arise after the termination of this Agreement. This Arbitration Agreement is expressly intended to bind not only you and Chime but also any third-party beneficiary of this Agreement. In particular, any person or entity who is not a direct party to this Arbitration Agreement but who seeks to assert rights or enforce obligations arising from or relating to this Arbitration Agreement, including Banking Partners shall be deemed to have accepted and agreed to this Arbitration Agreement and shall be bound by its terms. Notwithstanding Section VI. m) below, should you or we bring claims in arbitration against any such third-party(ies) that arise out of or relate to substantially similar facts or events giving rise to a Dispute with Chime that we are unable to resolve through the informal dispute resolution process described in Section VI. b) below, you and we agree that such claims shall be consolidated with the Dispute to proceed as a single arbitration involving you and Chime and the relevant third-party(ies) according to the arbitration procedures provided in this Arbitration Agreement.

1. Governing Law. Except as otherwise required by applicable law, the Agreement and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of laws principles. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer-protection provisions of your local consumer-protection law.
   The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) applies to the Dispute Resolution provisions in this Agreement, unless mandatory arbitration is expressly forbidden by the Military Lending Act as applied to your specific circumstances. For the avoidance of doubt, to the extent state law is relevant under the Federal Arbitration Act, the law of the State of Delaware shall be applied without regard to conflict of laws principles.
2. Claim Notice and Informal Dispute Resolution. We want to address your or Chime’s concerns without needing a formal legal case. Before you initiate a lawsuit or arbitration against Chime, and before Chime initiates a lawsuit or arbitration against you, the initiating party must give the other party written notice describing in reasonable detail the Dispute and the supporting facts (the “Claim Notice”). Your Claim Notice must be emailed to Chime at: [email protected] and include your email address and phone number where you (or, if you have an attorney, your attorney) can be reached. Chime’s Claim Notice to you or response to your Claim Notice will be sent to the email address we have on file for you or, if applicable, to your attorney. Except as otherwise required by applicable law, once a Claim Notice is sent, you and Chime shall have a reasonable opportunity over the next 60 days to resolve the Dispute on an individual basis. During this 60-day period, if requested by either party, a Chime representative and you must individually meet, in person or remotely, or speak by telephone, and make an effort to resolve the Dispute. No lawsuit or arbitration may be commenced during this 60-day period. Filing a complaint against a nonparty to this Agreement does not suffice as a Claim Notice. Unless otherwise stated in this Arbitration Agreement, any unresolved Dispute(s) must be resolved FINALLY and EXCLUSIVELY by binding arbitration as described below.
   Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small-claims court action. Filing any lawsuit or demand for arbitration before completing this informal dispute resolution is a breach of this Agreement. The limitations period will be tolled while you and Chime engage in this informal dispute-resolution process. In addition, unless prohibited by law, the arbitration administrator will not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without submission of a certification of completion of the procedures in this “Claim Notice and Informal Dispute Resolution” section, which certification must be submitted as described in Section VI. e) below. If the arbitration is already pending, it shall be administratively closed.
3. Agreement to Arbitrate. Except as set forth under Exceptions to Agreement to Arbitrate (Section VI. l)) below, You and Chime agree that any Dispute shall be resolved through final and binding Arbitration to be administered by National Arbitration and Mediation (“NAM”). The parties agree that an arbitrator, and not any court, shall have the exclusive authority to resolve any dispute relating to the validity, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of this Arbitration Agreement is void or voidable, except that all Disputes regarding Section VI. m) entitled “Class Action and Representative Action Waiver,” including any claim that all or part of that section is unenforceable, illegal, void or voidable, or that such section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. You and Chime further agree that any Dispute must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you and Chime agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. Any award of the Arbitrator (as defined below in Section VI. e)) is final and binding and may be entered as a judgment in any court having jurisdiction. This Arbitration Agreement continues to apply even after you have stopped receiving Services from us.
4. Opt-out of Agreement to Arbitrate. You can decline this Arbitration Agreement by contacting [email protected] within 30 days of enrollment or of your receipt of electronic notice of this Arbitration Agreement and stating that you (include your first and last name) opt out of this Arbitration Agreement. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. If you opt out of the Arbitration Agreement and a Dispute arises between you and Chime at any time thereafter, before starting a lawsuit or arbitration, the complaining party must give the other party written notice describing in reasonable detail the Dispute and the supporting facts (the “Claim Notice”). Your Claim Notice must be consistent with Section VI. b) and emailed to Chime at: [email protected]. You are required to include your Chime Account number, then-current email address on your Chime profile, and phone number where you (or, if you have an attorney, your attorney) can be reached. We will email or mail any Chime Claim Notice to you at the email address and physical address we have on file for you. Once a Claim Notice is sent, the complaining party must give the other party a reasonable opportunity over the next 60 days to resolve the Dispute on an individual basis. Filing a complaint with a nonparty to this Agreement does not suffice as a Claim Notice. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
5. Arbitration Process and Procedure. NAM will administer arbitrations under its Comprehensive Dispute Resolution Rules and Procedures then in effect (NAM’s Rules, Fees, and Forms are available at https://www.namadr.com/resources/rules-fees-forms/) If this link does not work or if you are unable to review NAM’s Rules, Fees, and Forms, please contact NAM at [email protected] or through contact information available on NAM’s website at www.namadr.com. In addition, to the extent applicable, NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures shall also apply (together with the Comprehensive Dispute Resolution Rules and Procedures, the “NAM Rules”). If NAM is not available to administer the arbitration, the parties will select an alternative arbitral forum. The arbitration shall occur through the submission of documents to one Arbitrator. If the Arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the Arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both parties. Subject to the applicable NAM Rules, the parties agree that the Arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. You must submit a certification that you have complied with and completed the Claim Notice and Informal Dispute Resolution procedures requirements referenced in Section VI. b) when initiating arbitration. The demand for arbitration and certification must be personally signed by you and, if represented, by your legal counsel, and submitted to NAM.
   If you have a question about the arbitration process or to obtain a current copy of the NAM Rules, including but not limited to Comprehensive Dispute Resolution Rules and Procedures, Mass Filing Supplemental Dispute Resolution Rules and Procedures, and/or fee schedule, NAM’s Commercial Department can be contacted at [email protected] or by NAM’s website at www.namadr.com.
6. Arbitration Fees. The payment of all fees shall be governed by applicable NAM Rules and fee schedules, including the “Fees For Disputes When One of the Parties is a Consumer” then in effect, except to the extent that the NAM fees and costs (including Arbitrator fees) paid by either party are reallocated upon order of the Arbitrator following a determination that (a) either party breached this Arbitration Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is otherwise permitted under applicable law. Payment of fees will be made in accordance with the applicable NAM Rules and fee schedules, unless the Arbitrator finds that either the substance of the Dispute or the relief sought was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If Chime initiates an arbitration against you, we shall pay all fees. The applicable section of the NAM Rules and fee schedules will govern if the case is a part of a “Mass Filing” (as defined below in Section VI. j)).
7. The Arbitrator. The arbitration shall be conducted by a single neutral (the “Merits Arbitrator”). An administrative arbitrator may separately be appointed under NAM Rules. (The term “Arbitrator” applies to both the Merits Arbitrator and the administrative arbitrator).
8. Confidentiality of Arbitration and/or Mediation. All documents and materials submitted to or filed with NAM, and all communications concerning any Dispute, whether oral or written, and all testimony shall not be publicly disclosed and shall remain confidential and inadmissible in any other judicial or alternative dispute resolution proceeding, except as necessary in a proceeding to confirm or vacate the arbitration award under 9 U.S.C. §§ 9-10, as permitted under this Arbitration Agreement, or unless otherwise required by law or judicial decision or order. Any such appeal would then be subject to NAM’s Appellate Dispute Resolution Rules and Procedures. With respect to mediations, the NAM administrator, the mediator, and the parties shall keep all matters relating to the mediation proceeding, including the terms of the settlement agreement, confidential unless the parties mutually agree otherwise.For additional protection, upon either party’s request, the Arbitrator shall issue an order requiring that confidential information (including decisions or awards) of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must follow the court’s procedures for filing under seal.
9. Arbitration Award. The arbitration award is binding only between the parties named in the arbitration award and will not have any effect in another arbitration or proceeding that involves a different party. The Arbitrator may award fees and costs as provided by the NAM Rules or to the extent fees and costs could be awarded in court on similar bases. This includes, but is not limited to, the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), for the purpose of harassment or in bad faith.
10. Mass Filing. If, at any time, 25 or more similar demands for arbitration are asserted against Chime or related parties (including Chime’s Partner Financial Institutions) by the same or coordinated counsel or related parties (a “Mass Filing”), NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures shall apply; provided, however, that if NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures conflict with this Agreement, this Agreement controls). If your case is part of a Mass Filing, any applicable contractual or statutory limitations period applicable to the claims and relief (as well as to any applicable defenses or counterclaims) must be tolled until your case is selected for adjudication, withdrawn, or otherwise resolved.
    NAM shall (1) administer the arbitration demands in batches of 100 demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual demands are filed, a single batch of all those demands, and, to the extent there are fewer than 100 demands remaining after the batching described above, a final batch consisting of the remaining demands); (2) appoint one Merits Arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with, once batched, one set fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible. All parties agree that demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing administrative arbitrator according to NAM Rules, to determine the applicability of the Batch Arbitration process. In an effort to expedite resolution of any such dispute by the administrative arbitrator, the parties agree the administrative arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The administrative arbitrator’s fees shall be paid by Chime. You and Chime agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the Arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
11. Offer of Settlement For Mass Arbitration. During a “Mass Filing,” a party may make an offer of settlement not less than 10 days prior to commencement of the arbitral hearing by serving an offer in writing upon any other party to the action to allow an award to be entered in accordance with the terms and conditions stated at that time. Any acceptance of the offer of settlement shall be in writing and shall be signed by counsel for the accepting party or, if not represented by counsel, by the accepting party. If the offer of settlement is not accepted prior to arbitration or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given in evidence upon arbitration. For purposes of this subdivision, the arbitral hearing shall be deemed to be commenced at the beginning of the opening statement of the claimant or claimant’s counsel, or, if there is no opening statement, at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evidence. The offer of settlement shall be served on the other party in the same manner in which other papers are served in the arbitral proceeding. The offer of settlement shall not be served on the Arbitrator, except that, if the offer is accepted, either party may then file with the Arbitrator the offer of settlement and notice of acceptance together with proof of service thereof. The Arbitrator shall dismiss and close the case upon settlement between the parties under this paragraph, and the arbitration proceedings shall then be terminated. If the offer of settlement is not accepted, the offer of settlement shall not be used as evidence in the arbitration proceedings. Evidence of an unaccepted offer is not admissible except in a proceeding to determine costs. The Arbitrator can hear evidence of offers(s) of settlement and any offering party’s request for costs and fees (e.g., filing fees, administrative fees, Arbitrator fees, and hearing fees), which shall exclude attorneys’ fees. If an offer of settlement under this subsection is rejected, and if the final award that the offeree obtains is not more favorable than the unaccepted offer, the Arbitrator may, as part of the final award, award the offeror the costs and fees, excluding attorneys’ fees, incurred after the offer of settlement was made, to be paid by the offeree. The offeree’s costs and fees liability under this subsection is capped at $5,000.00 per claimant.
12. Exceptions to Agreement to Arbitrate. Either party can elect to have an individual Dispute resolved in small-claims court of your state or municipality if the action is within that court’s jurisdiction. Either party may also bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
13. CLASS ACTION AND REPRESENTATIVE ACTION WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION (“CLASS ACTION WAIVER”). THIS MEANS THAT YOU MAY NOT SEEK RELIEF ON BEHALF OF ANY OTHER PARTIES IN ARBITRATION, INCLUDING BUT NOT LIMITED TO SIMILARLY AGGRIEVED CLAIMANTS. THE ARBITRATOR’S AUTHORITY TO RESOLVE ANY DISPUTE AND TO MAKE WRITTEN AWARDS WILL BE LIMITED TO YOUR INDIVIDUAL CLAIMS. YOU MAY ONLY RESOLVE DISPUTES WITH CHIME ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER OUR AGREEMENT. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Sections VI. j) entitled “Mass Filing” and Section VI. k) entitled “Offer of Settlement for Mass Arbitration”. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this section, “Class Action and Representative Action Waiver,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Chime agree that such claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New Castle County, Delaware. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Chime from participating in a class-wide or mass settlement of claims.
14. Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the Arbitration Agreement is found not to apply to you or your claims, you and Chime agree that any judicial proceeding (other than small-claims actions) will be brought in New Castle County, Delaware. Both you and Chime consent to venue and personal jurisdiction there.
15. WAIVER OF JURY TRIAL. To the fullest extent permitted by law, we both agree to waive our right to a jury trial. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
16. Severability. Except as provided in the Section VI. m) entitled “Class Action and Representative Action Waiver,” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if either Section VI. j) entitled “Mass Filing” or Section VI. m) entitled “Class Action and Representative Action Waiver” of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in New Castle County, Delaware.
17. Modification. Notwithstanding any provision in this Agreement the contrary, we agree that if Chime makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Chime websites, Application and/or Services, including the acceptance of products and services offered on the websites and/or Application following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Chime will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.