Terms of Service

Last Updated: June 23, 2016

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 14, WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-ACTION OR CONSOLIDATED BASIS.

When accessing or using Prism's service, you agree to be bound by the terms described below and all other terms, policies and guidelines incorporated by reference ("Terms"). Your ability to receive these Terms electronically is also a condition of your use of our Services (as defined below). If you do not agree to all of these Terms, please, do not access or use our Services.

Summary

These Terms apply only to your use of Mobilligy, Inc.'s ("Prism", "we", "our" or "us") website, mobile application (or "app"), and related features, technologies and functionalities (collectively, the "Services"). The Services are operated and maintained by PayNearMe MT, Inc., our affiliated licensed payment processor.

By accessing the Services, you agree to be bound by these Terms, so read them carefully. If you don’t agree to all of these Terms, then please don’t use the Services. (Unauthorized use of the Services creates legal liability for you.) These Terms do not change the terms or conditions of any other written agreement you may have with Prism or our payment processor. The Prism app is intended for personal use. You promise that you will only use the Prism app for personal purposes, that is, to monitor and/or pay your own bills with your own funds.

Prism reserves the right to update these Terms or change the Services, at any time and in its complete discretion. If we make changes to these Terms, we will provide you with notice and access to a copy of the updated Terms. We will also post to our Web site the amended Terms to our Services and update the "Last Updated" date at the top of these Terms. Any changes or modifications will be effective 21 days after this notice. Your continued use of the Services following notice and the posting will confirm your acceptance of such updates. Therefore, you should frequently review these Terms and all related information that may apply to your use of the Services. If you do not agree to the updated Terms, you must stop using the Services. Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your right to use the Services, as well as personal liability for damages.

Throughout these Terms, we provide short summaries of various provisions under the "Basically" caption. You confirm that the summaries provided under the "Basically" sections do not modify these Terms. We provide these summaries for convenience purposes only to assist your review and understanding of the Terms.

If you have any questions or comments regarding use of the Services, please contact info@prismmoney.com.

Basically,

By using our Services you agree to these Terms. We may change these Terms, and when we do, we will let you know through the Services. Please check the "Last Updated" date above from time to time.

1. Privacy and Confidentiality

Please refer to our Privacy Policy for more detailed information about how Prism collects, uses and discloses information about its users.

Basically,

See our Privacy Policy for more information about privacy and data security.

2. Eligibility; Registration and Account

To be eligible to use the Services, you must be at least 18 years of age. By using the Services, you represent and warrant that you: (a) have not been previously suspended or removed from the Services; and (b) that you have full power and authority to enter into and agree to these Terms.

You will be required to download the Prism app in order to access and use the Services generally. In order to pay bills with the app or store financial credentials, you will additionally be required to register and agree to the following: (a) provide only current, accurate and complete information about yourself, your authorizations, your accounts, and your billers in the course of registering to use the Services (such information being the "Registration Data"); (b) maintain and promptly update the Registration Data, as necessary, to keep it true, accurate, current and complete; (c) maintain the security of your account and Registration Data by not sharing your password(s) with others and restricting access to your account on your computer or mobile device; (d) promptly notify Prism if you discover or otherwise suspect any security breaches related to the Services; and (e) take responsibility for all activities that occur under your account and accept all risks associated with unauthorized access. If you fail to do these things or provide any information that is untrue, inaccurate, not current or incomplete, or we conclude that such information is untrue, inaccurate, not current or incomplete, (i) we may suspend transactions or terminate your account and refuse any and all current or future use of the Services (or any portion thereof); and (ii) you will be obliged to indemnify us for any resulting losses.

By using the Services, you confirm that you have reviewed these Terms and accepted them with ample opportunity to get advice from others and to choose from other bill management and payment alternatives. In any event, Prism and its payment processor may reasonably rely on these understandings. Prism and its payment processor each reserves the right to terminate your access to all or any portion of the Services at any time. Although the Services are currently free to you, we reserve the right to change this policy by updating these Terms.

Basically,

You agree that you have full authority to enter into these Terms, that you’ll be truthful with us, and that you will be responsible for any use of your account or violation of these Terms. You agree not to share your password with anyone and to notify us of suspected security breaches.

3. Description of Services

The Services allow you both to simply keep track of your bills and bank account information as well as to facilitate actual payment. The Services allow you to: (i) register and store on our remote cloud service your payment account information for certain payment methods, such as your credit card, debit card and bank account information ("Payment Account Information"); (ii) extract and store on our remote server your account information with your authorized third party billers ("Billers"); and (iii) provide access to your Payment Account Information to us when you are making bill payments using your mobile device. (See the Privacy Policy.) The Services are limited to storing and providing to Billers your Payment Account Information and certain personal information necessary to pay your bills. Prism does not: (i) process payment transactions between you and Billers (i.e., take possession of your payment and then make payment to the Biller, instead the payment is direct from your own account to the Biller), unless we elect to use our own single-use credit card (see discussion below under Fees); (ii) set the terms of any payment transaction between you and Billers; (iii) endorse or have any liability from damages for transactions between you and Billers; or (iv) control or have any liability for returns, refunds, chargebacks or other questions or disputes you may have with any Biller related to any payment transaction. You agree that Prism is not responsible for completing any payment transaction by a certain time or date.

Basically,

The Prism app can be used to simply keep track of your bills. If you use the Prism app to facilitate actual payment, remember -- the billing and payment relationship is entirely between you and your Billers, and we don’t have any responsibility for the services provided by them, their obligations to you or the payments they require.

4. Account Password Security

You agree to keep your Prism app password, account designation, and a personal identification number ("PIN") confidential and not to disclose these credentials to any third party. All information and instructions received from your account will be deemed to have been authorized by you and the recipients of this information shall rely on its authenticity. You will be responsible for the actions taken by anyone accessing the Services using your password and/or account designation.

Basically,

We will assume that you have authorized all information and instructions received from your account. We, your Billers, their processors and banks are relying on you. Please be very accurate and careful. Safeguarding similar credentials for your Billers and banks or card companies is also necessary to avoid the risk of loss.

5. Authorization

Biller Account Authorization

By using the Services, you expressly authorize the Prism app to access your Biller account and associated information on the Biller Web site ("Biller Account"), on your behalf and as your limited agent, in order to provide the Services. The Prism app automates payments to Billers identified by you. Each time you add a Biller Account through your use of the Services, the Prism app will connect to the Web site for the Biller you have identified. Some Billers may employ the use of a captcha or similar technology on their website during the login process to determine whether or not the site visitor is human. You expressly authorize the Prism app and/or any third party vendor or technology that Prism chooses to decode any captcha or similar technology on your behalf. Once you have added a Biller Account through your use of the Services, the Prism app will submit information, including usernames and passwords that you provide, to log you into the Biller site (each, a "Biller Site"). You authorize and permit Prism to use and store your Biller Account information to operate and configure the Services through the Prism app so that they are compatible with the Biller Site for which you submit your Biller Account information. In providing the Services, Prism has no knowledge of, and is not responsible for a violation of, any contractual obligations you may have with your Biller, including the Biller’s terms of use.

Basically,

You authorize the app to access your Biller Account to provide the Services.

Payment Account Authorization

Prism will make payments that you direct through the Services electronically by charging the account (bank account, credit card or debit card) that you select (the "Payment Account"). By initiating a bill payment through the Services, you authorize the Prism app to initiate and complete the payment on your behalf. You agree to maintain a balance or available credit limit in the specified Payment Account that is sufficient to fund all payments that you initiate through the Prism app. You certify that your Payment Account is in your name and that you are authorized to use it. You represent and warrant that you have the right to authorize Prism, Billers and their payment processors to charge the Payment Account for payments that you initiate using the Services. You will indemnify and hold Prism and its payment processor harmless from any claims by any other owner of the account or any Biller and its payment processor resulting from your lack of authority, funds or credit.

You are responsible for confirming the accuracy of the information you provide about each payment you authorize and the amount of the transaction. Failure to provide accurate and complete information may prohibit the use of the Services or result in errors in your requested payments to Billers. You authorize the Prism app to send communications to the Biller on your behalf in connection with the Services.

Basically,

You authorize the Prism app to make Biller payments as you direct on your behalf and will keep sufficient funds or credit in your Payment Account to cover the payment(s).

6. Taxes

It is your (or your Biller’s) responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Prism is not responsible for determining whether taxes apply to your payment transaction or for collecting, reporting, withholding or remitting any taxes arising from any payment transaction.

Basically,

You are responsible for all taxes applicable to the payments you make using the Services.

7. Fees

Prism reserves the right, at our complete discretion, to charge service fees under a subscription model and/or on a per transaction basis. In some instances, third party websites and applications that offer the Services may also charge service fees. The imposition of any fees by Prism will be disclosed to you at least 21 days prior to the effective date by the updating of these Terms. By continued use, you will authorize Prism to charge your Payment Account for any Prism fees or third party service fees. These service fees may be included in the amount charged by the Biller or may be billed separately by Prism. After you have directed payment to some Billers, Prism can elect to pay the Biller with Prism’s own single-use credit card and redirect your payment from the Biller to Prism (the "SU Card Process"). In this manner, Prism can earn interchange fees and help to defray the cost of the Services without resulting in a fee to you. Use of the SU Card Process is at our complete discretion. The app will let you know whenever we employ the SU Card Process.

Basically,

If we start charging you fees, we will notify you in advance. Sometimes, we can earn interchange fees payable by others.

8. Right to Use; Copyright

If you accept these Terms, Prism authorizes you to access and use the Services for their intended purpose of both monitoring your bills and facilitating their payment from your Payment Accounts through the Prism app. All other uses are prohibited. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services; (b) the distribution, public performance or public display of the Services or any materials therein; (c) modifying or otherwise making any derivative uses of the Services; (d) reverse engineering, decompiling, disassembling or attempting to discover the source code for the Services; (e) use of any data mining, robots or similar data gathering or extraction methods; or (f) downloading (other than page caching) of any portion of the Services or any information contained therein, except as expressly permitted by Prism. You may report bugs and fixes, provide feature requests, comments, testimonials, feedback and suggestions to Prism ("Feedback"). Prism may use the Feedback without any compensation, notice or attribution to you and will own all intellectual property rights in such Feedback.

Any use of the Services other than as specifically authorized in these Terms may result in, among other things, termination or suspension of your right to use the Services as well as legal liability to us or third parties. Such unauthorized use may also violate applicable laws, including without limitation banking, copyright and trademark laws and applicable communications regulations and statutes. Nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This right to use is revocable at any time, and will continue until such time as you cease to use or access of the Services or your use or access to the Services is terminated by Prism.

Basically,

We allow you to use the Services only in the way these Terms allow.

9. Trademarks

"Mobilligy," "PayNearMe", "Prism," "Mobilligy.com," "PrismMoney.com," "PrismApp.com," the Mobilligy logos, the Prism logos and any other product or service name or slogan used in the Services are trademarks of Prism, its affiliates and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Prism or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Prism" or any other name, trademark or product or service name of Prism without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, the service mark, trademark and/or trade dress of Prism and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned through the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the owner.

Basically,

These Terms do not provide you with any rights to any trademarks.

10. Third Party Content

Prism may display third party content or advertisements through the Services and may provide links that will take you to Web pages and content of third parties that are not under the control of Prism (collectively, "Third Party Content"). Prism makes no representation, warranty, promise or guarantee whatsoever concerning any aspect of any Third Party Content, including without limitation regarding its accuracy or completeness. You agree that your use of all Third Party Content is entirely at your own risk. Prism provides Third Party Content solely as a convenience to you, and the provision of such a link is not an endorsement by Prism of any aspect of the Third Party Content. You acknowledge and agree that Prism is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content, including related privacy and data security policies and procedures. Refer to our Privacy Policy for additional information on third party content.

Basically,

We may introduce you to content from other companies in our app or Web site, but we have no control over that content or how it’s managed, and we can’t be responsible for it.

11. Disclaimer of Warranties

Prism will provide the Services in a professional manner, mindful of recognized consumer needs, applicable industry standards and applicable law. You agree that Prism provides access to and use of the Services on an "as is" basis and without warranty of any type, express or implied. Prism makes no warranty with regard to the products or services and related obligations that are paid for with the Services or the time or date on which payments are recognized by Billers. Prism disclaims all express and implied warranties, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Although we try to ensure that the Prism app functions accurately, timely and reliably, Prism does not represent or warrant that the Services are error-free. For example, the Services will not be available for use at all times or at any particular time, a use session may be interrupted, hyperlinks will not function properly at all times or at any particular time, information on the Services will not always be correct, complete or timely and portions of the Services may be vulnerable to security attacks. TO THE EXTENT THESE DISCLAIMERS ARE INVALID IN CERTAIN PLACES, THEN OUR OBLIGATIONS AND LIABILITY ARE LIMITED TO THE MAXIMUM EXTENT LAWFUL.

Basically,

We cannot make any promises about the Services, and we deny any liability for the performance of the Prism app and website as much as we can. (Remember, we aren’t currently charging you for the Services and our ability to make money in other ways is very limited.)

12. Indemnification

At your expense, you agree to defend, indemnify and hold harmless Prism, its agents, independent contractors, service providers and consultants, and their respective affiliates, trustees, officers, directors, employees and agents and any other third parties Prism uses to provide the Services (collectively, the "Prism Beneficiaries"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) any actual or alleged breach of these Terms; (b) any actual or alleged violation of applicable laws or rules of any payment card association, network or company; (c) your wrongful or improper use of the Services; or (d) your violation of the rights of any third party; all except to the extent caused by our gross negligence or willful misconduct.

Basically,

If you do not keep the promises you are making in these Terms (or even if someone simply claims that), and it costs us money to deal with the resulting problems, including lawsuits, you are obligated to pay us back. That could be a lot of money. Please keep your promises.

13. Limitation of Liability

Absent gross negligence or willful misconduct, in no event shall the Prism Beneficiaries be liable to you for any direct, indirect, incidental, consequential, punitive, special or exemplary damages or for any damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use or inability to use the Services, including without limitation any damages caused by or resulting from reliance by you on any information obtained from Prism or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Prism's records, programs or services. In no event shall the aggregate liability of Prism, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use or inability to use the Services exceed any compensation you pay, if any, to Prism for access to or use of the Services. Prism, your Billers and their payment processors are not responsible for any overdraft or insufficient fund charges that may be incurred by following your instructions or the improper use of the Services by third parties in a manner injurious to you.

Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply. You agree that, if you are dissatisfied with the Services or any portion thereof, your exclusive remedy shall be to stop using the Services.

Basically,

All that you can do if you are unhappy with the Services is to stop using the Services, unless we have done something awful.

14. Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PRISM AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You and Prism agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and Prism are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Prism agree that you will notify each other of any dispute within thirty (30) days of when it arises and the aggrieved party becomes aware of the problem. Notice to Prism shall be sent by certified mail or courier to: Prism, c/o PayNearMe MT, Inc., Attn: CFO, 292 Gibraltar Drive, Suite 104, Sunnyvale, CA 94089. Your notice must include: (a) your name and contact information (e.g. phone number, email address); (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. You and Prism also agree that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Bellevue, Washington, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Prism also agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court under these Terms. Whether the dispute is heard in arbitration or in court, you and Prism will not commence against the other a class action, class arbitration or other representative action or proceeding. The prevailing party in any arbitration will be entitled to recover its reasonable attorneys’ and experts’ charges.

Basically,

You and Prism agree to arbitrate any dispute and not bring any class action or class arbitration. The loser will pay the winner’s attorneys’ fees.

15. Termination

Prism reserves the right, without notice and in its sole discretion, to terminate your access to, and use of, the Services and to block or prevent your future access to, and use of, the Services. Upon learning of termination, you must uninstall any copies of the Services from your computer and/or mobile devices. Prism will attempt to complete all payment transactions that have begun processing in the app at the time of termination. Scheduled but not yet processed payments will be cancelled. Prism will not be liable to you for the termination of the Services or for any consequence arising out of termination of the Services.

Basically,

We may terminate your access to the Services at any time without notice or liability to you.

16. Consent to Electronic Communications

Electronic Delivery

The Prism app is an electronic, Internet-based service. Therefore you understand, agree and consent to receive electronically all communications, agreements, documents notices and disclosures (collectively "Communications") that the Prism app provides in connection with your use of the Services. Communications include:

  • This agreement and any updates, amendments, modifications, or supplements to it.
  • Other disclosures, announcements, and updates related to your use of the Services, including without limitation error resolution notices, privacy notices, and change-in-terms notices.
  • Records of any payment through the Services, including without limitation any payment histories and confirmations of individual transactions.
  • Any courtesy or customer service communications relating to your use of the Services (e.g., notifying you when your credit card has expired or communicating with you to resolve a customer service issue).

Prism will provide these Communications to you by posting them in the "News" and/or "Notifications" sections of the app. Prism will also provide updated versions of agreements and policies on its website. You agree that electronic Communications have the same meaning and effect as if we had provided you with paper copies. All Communications will be deemed to have been received by you no later than five business days after Prism posts them in the app or otherwise communicates them to you via the Services (e.g., pop-up notification, email or text message). You agree that these are reasonable procedures for providing electronic Communications. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable.

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 Days after the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must provide us with a current street address. If you request paper copies, you understand and agree that Prism may charge you a fee of up to $15 per document requested. We may also authorize third parties to provide these copies to you.

You may withdraw your consent to receive electronic Communications at any time by contacting us at info@prismmoney.com, calling us at 844-774-7627 (844-PRISM-APP) or writing us at Prism c/o PayNearMe MT, Inc., 292 Gibraltar Drive, Suite 104, Sunnyvale, CA 94089. However, the ability to receive electronic Communications from Prism is a condition of your use of the Services. Accordingly, withdrawal of your consent to receive electronic Communications will result in termination of your access to the Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request. If you do not wish to receive these Terms and other Communications electronically, you may not use the Services.

If you have opened a Prism account and you wish to withdraw your consent to have Communications provided in electronic form, you must close your account right away. To close your account, you must open the Prism menu, then tap "Settings". On the Settings screen, tap "Account", scroll to the bottom and tap "Delete my Prism account". There are no fees to close your account.

Basically,

You agree to communicate with us electronically to use the Services.

Hardware and Software Requirements

In order to access and retain electronic Communications from Prism, you will need to maintain or have access to the following:

  • A computer or mobile device with Internet connectivity.
  • A current HTML5-based web browser.
  • The appropriate mobile application and software:
    • An Apple iPhone, iPad, or iPod touch running iOS 7.0 or later.
    • An Android device running Android 4.0 or later.
    • An Amazon Kindle fire running Fire OS 2 or later.
    • A Windows PC or tablet running Windows 8 or later.
    • A Windows phone running Windows Phone 7 or later.
  • Sufficient storage space to download the Prism app.
  • A printer or sufficient storage space to save documents in PDF format.

We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from Prism. By giving your consent, you are confirming that you have access to the necessary equipment and are able to receive, access, print or save a copy of the electronic Communications.

Basically,

You must have internet access and an up to date device to view electronic communications from us and use the Services.

17. Unauthorized Payment Transactions

Consumer Liability

You must notify Prism IMMEDIATELY: (i) if you believe that that your bank or card account has been accessed or used in an unauthorized manner, that is, in a way not authorized by you, for example, that an unauthorized electronic funds transfer has been drawn from your account; or (ii) if you believe your username and password have been lost or stolen. You should contact us via email at: compliance@prismmoney.com. You may also call us at 844-774-7627 (844-PRISM-APP) or write us at:

Prism c/o PayNearMe MT, Inc.
Attention: Compliance
292 Gibraltar Drive, Suite 104
Sunnyvale, CA 94089

An "unauthorized electronic funds transfer" is an electronic funds transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.

If you tell us within four business days after you learn of a loss or theft from your account, your loss is limited to no more than $50 if someone used your account without your permission. However, if you FAIL to tell us within four business days after you learn of the loss or theft from your account, and we can prove that we could have stopped someone from using your account without your permission if you had told us, you could lose as much as $500.

Also, if your account history shows payments that you did not make, please tell us at once. If you do not tell us within 90 days after the payment was made, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.

Basically,

Contact us immediately if you think your account has been compromised. You may lose more than $50 if you wait. If you advise us quickly, we may be able to limit losses.

Contact in Event of Unauthorized Payments

If you believe that your account has been opened or used in an unauthorized manner, for example that an unauthorized electronic funds transfer has been drawn from your account, or if you believe your username and password have been lost or stolen. You may contact us as indicated above in the "Consumer Liability" section.

Basically,

Email or call us right away if you think your account has been compromised.

Business Days

For the purposes of these disclosures, Prism business days are Monday through Friday. Holidays are not included as business days.

Basically,

Business days are Monday through Friday and do not include holidays.

Transfer Types and Limitations

Account Access: You may use the Services to make payments to your Billers from your bank account or credit card in the amounts and on the days you request. Prism does not support payments to all types of Billers. For example, we reserve the right to decline payments to governmental agencies. You may not make payments to Billers outside of the U.S.

Basically,

Your use of the Services is limited to making payments to a list of U.S. billers from your accounts.

Payment Transaction Limits or other Suspicious Activity

Prism may impose limits on the frequency and dollar amount of your payments to Billers and adjust them from time to time at our complete discretion. For example, we may limit the maximum dollar amount allowed per transaction, the aggregate dollar amount of transactions allowed over a period of time or the maximum number of payments allowed over a period of time. The Prism app will advise you of then applicable limits and relevant time periods. A period of time may be measured as a calendar day, a rolling 30-day period or otherwise. We also reserve the right to decline to process any payment that appears illegal or contrary to these Terms and to notify relevant authorities.

Basically,

We won’t process your payment if it exceeds one of our payment limits or we consider it suspicious.

18. Periodic Statements

You agree that we are not obligated to provide you with periodic statements for your use of the Services. The transactions will appear on the statement issued by your bank or other financial institution. Additionally, your payment history can be viewed within the Prism app on a per-biller basis by navigating to the Prism menu, tapping "Your Billers" and tapping a specific Biller. You are responsible for reviewing your history and maintaining a copy for your records.

If you have questions about one of your transactions, contact us at info@prismmoney.com, call us at 844-774-7627 (844-PRISM-APP) or write us at Prism c/o PayNearMe MT, Inc., 292 Gibraltar Drive, Suite 104, Sunnyvale, CA 94089.

Basically,

You agree to review your payment history within the app instead of receiving a periodic statement.

19. Our Liability

See Sections 11 and 13 above. If the app does not complete a payment from your account on time or in the correct amount according to these Terms, we will generally not be liable for your losses, damages or inconvenience. We will also not be liable, for instance:

  1. If, through no fault of ours, you do not have enough money in your account to make the payment.
  2. If the payment is rejected, returned, mishandled, or delayed by the Biller for any reason.
  3. If you have provided Prism with incorrect information about the Biller.
  4. If the Payment Account you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.
  5. If the payment would go over the credit limit on your overdraft line.
  6. If the Services were not working properly and you knew about the problems when you started your payment.
  7. Due to fraud or attacks on our systems or the Services.
  8. Due to third party service providers.
  9. If circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken.
  10. There may be other exceptions stated in our agreement with you.

Basically,

We will be liable for your losses only under very limited circumstances when we behave very badly.

20. Error Resolution

All questions about transactions made through the Services must be directed to us and not to your bank or other financial institution where you have a bank account, except as otherwise set out in Section 24, "Refunds or Reversals of Completed Payments". Prism is responsible for the Services and for resolving any errors in transactions made pursuant to your use of the Services.

In case of errors or questions about a payment, contact us as soon as possible at compliance@prismmoney.com, call us at 844-774-7627 (844-PRISM-APP) or write us at Prism c/o PayNearMe MT, Inc., 292 Gibraltar Drive, Suite 104, Sunnyvale, CA 94089 if you think your payment history or confirmation notice is wrong or if you need more information about a payment. We must hear from within 90 days from the time we sent the payment and you received the confirmation.

When you contact us, you must:

  1. Tell us your name, phone number, email and account number (if any).
  2. Describe the payment you are unsure about and explain as clearly as you can why you believe it is an error or you need more information. If possible, please provide the confirmation number for the payment.
  3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send your complaint in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit the affected account within 10 business days after we hear from you, for the amount that you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

We will tell you the results within three (3) business days of completing our investigation. If we decide that there was no error, we will provide you with a written explanation via electronic delivery within three (3) business days after we have completed our investigation, and within 10 business days of the date of such explanation, we will debit your account of the amount previously credited to you for use during the time it took us to complete our investigation. You may ask for copies of documents that we used during our investigation and we can provide them to you electronically.

Basically,

Contact us as soon as possible regarding any errors or payment questions and no later than 90 days after the payment occurs. We will investigate and provide you with an electronic copy of our results.

21. Collection of Returned Item Fees

If your payment is returned unpaid, you authorize Prism at its complete discretion to make a one-time electronic fund transfer from your account to collect a $15 fee. This is in addition to other charges that may apply with your Biller or financial institution.

Basically,

We may charge you a returned item fee of $15.

22. Scheduling a Payment Transaction

You may use the Prism app to make a payment today or to schedule a payment for a later date ("Scheduled Payment Date"). If you choose "Today" the payment is scheduled to be processed by the Prism app on the same Business Day in 10 minutes. You must schedule the payment before the Biller’s designated cut-off time on a day that the Biller accepts payments in order for the payment to be received on the same Business Day. A payment that is scheduled for "Today" but submitted after the processing cut-off time (or on a day that is not a day the Biller accepts payments) will be paid on the next day the Biller accepts payments. Actual processing times vary by Biller and we will show you the deadlines within the app. If you schedule a payment on a weekend or holiday, your payment may not be processed until the next Business Day. Prism is not obligated to provide you with any notice of delay in processing your payment to the Biller or of the completion or rejection of your payment to the Biller. You are responsible for contacting the designated Biller if you want to confirm receipt of your payment by the designated Biller on the same Business Day. Prism will use reasonable efforts to complete your payment on the same day. Prism makes no guarantee that a Biller will receive the payment, or post a payment to your account with the Biller, on the same Business Day as the "Today" date on you schedule the payment to be processed by the Prism app. If you choose a Scheduled Payment Date, the payment is scheduled to be processed on that day at 9:00 AM your local time. Your Scheduled Payment Date must be before the actual due date of the bill you are intending to pay to avoid any interest or late payment charges. Prism is not liable for any fees that result from late payments.

Basically,

You may schedule a payment today or for a later date. However, Biller processing times vary and Prism is not liable for interest or late charges.

23. Canceling a Payment Transaction

If you notice you made a mistake and need to cancel a payment, you can do so in the app. For payments you schedule for today, you have 10 minutes to cancel the transaction. After 10 minutes pass, you must message us within the app with "stop payment" and we will automatically attempt to cancel the payment. To message us, navigate to the Prism Menu, tap Help & Support and then tap "Message us and we’ll help". Depending on the status of the payment at that time, we may or may not be able to cancel it. We will always inform you of whether or not the cancellation was successful.

For payments you schedule in the future, you can cancel them them up until the day of payment. To cancel a payment, open the bill you'd like to cancel and tap where it says "cancel payment" in green.

Basically,

You have 10 minutes to cancel a transaction to be paid today. You can cancel a future transaction up until the day of payment. After that, you may not be able to.

24. Refunds or Reversals of Completed Payments

You cannot use the Services to request a refund, cancellation, correction, or reversal of a completed payment. In such situations, you will need to contact a Biller’s customer service in order to request refund, cancellation, correction, or reversal to a completed payment. If the Biller cannot, or is unwilling, to assist you with a request for a refund, cancellation, correction, or reversal of a completed payment, you should contact your financial institution’s customer service to determine if your financial institution is able to provide additional assistance. If we elected to use the SU Card Process, you cannot make such a request without first obtaining our approval and assistance, which we will not unreasonably withhold.

25. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

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