This Current Max Subscription Agreement (the “Subscription Agreement”) sets out the terms and conditions for your Current Max Subscription (“Current Max” or the “Subscription”) provided by Finco Services, Inc. d/b/a Current, its subsidiaries and/or affiliates (collectively, “Current,” or “we,” “our” and “us”) and your access to the benefits, products, content, offers, and other services made available to you as part of your Subscription (the “Subscription Benefits”). “You,” “your,” and “Subscriber” refers to the individual using the Subscription.
Current Max is an automatically renewing subscription service. As provided in more detail below, at the beginning of each Billing Cycle, Current will automatically debit your account with Current on the App (“Current Account”) unless you cancel or we terminate your Subscription. By enrolling in Current Max, you agree to be bound by the terms of this Subscription Agreement. For any questions regarding Current Max or your use of Current Max, you may contact us by using the chat feature in the Current mobile application (“App”), emailing support@current.com, or calling 1-888-851-1172.
Please read this Subscription Agreement carefully, as it contains important information regarding your legal obligations and remedies with respect to your use of Current Max, conditions for accessing Current Max, and terms regarding the renewal, cancellation, and/or termination of Current Max.
1. Association with Other Agreements
As a condition of opting into the Subscription, you acknowledge that additional agreements are in place that govern your relationship with Current, including—but not limited to—the Current Deposit Account Agreement, the Current – Cross River Deposit Account Agreement, the Current Privacy Policy, the Current Terms of Service, and the Electronic Communication Agreement (collectively, the “Additional Agreements”), each of which is hereby incorporated by reference. The terms and conditions of the Additional Agreements shall continue to apply in full force. You further agree that, unless you have validly opted out, the provisions for resolving disputes (which includes the Arbitration Agreement and the Jury Waiver) in the Current Deposit Account Agreement and/or the Current – Cross River Deposit Account Agreement, which you have already agreed to, extends to any claim, dispute, or controversy arising out of or relating in any way to: i) this Subscription Agreement; ii) the Subscription; iii) your qualification for and access to the Subscription; iv) your use of the Subscription; v) advertisements, promotions or oral or written statements related to the Subscription; vi) the Subscription Benefits; or vii) transactions made using the Subscription, no matter how described, pleaded or styled. This Subscription Agreement shall supplement the Additional Agreements. In the event of a conflict with the Subscription Agreement, the Additional Agreements shall control.
In addition, as part of the Subscription, you may enter into other agreements with our non- affiliated third-party partners (“Partners”) that govern your use of certain Subscription Benefits.
2. Subscription Benefits
Current Max gives enrolled users access to a suite of Subscription Benefits. The Subscription Benefits available to enrolled users may include (1) financial products and services, (2) protective coverage benefits, such as travel, event, and emergency-related insurance for qualifying trips and events, (3) premium customer service support, and (4) a variety of other benefits, offers, and promotions that may be available from time to time. A current list of Subscription Benefits is available in the Current App.
The Subscription Benefits are the same for all enrolled users; however, the total value resulting from the Subscription Benefits may vary depending on whether or not you receive one Eligible Payroll Deposit of at least $200.00 or more into your Current Account over the preceding 35-day period. An “Eligible Payroll Deposit” means a recurring deposit of your wages or compensation from sources such as your employer, payroll provider or government payer, including where you are acting as an independent contractor, of an amount and frequency determined by Current in its sole discretion. Certain deposits do not qualify as Eligible Payroll Deposits , including non-direct deposit ACH transfers, inter-or intra-bank peer-to-peer transfers, transfers made to debit cards from digital wallets or P2P services (PayPal, Venmo, Cash App, Zelle, Google Pay, Facebook Pay, or other similar services), mobile check deposits, and cash deposits. The Subscription includes access to certain products and services that are offered by Current directly (“Current Subscription Benefits”) as well as products or services that may be offered through or by Partners (“Third-Party Subscription Benefits”). For these Third-Party Subscription Benefits, the Partner is the provider of the benefit, not Current. Some of the Third-Party Subscription Benefits may also be offered outside the Subscription. All Subscription Benefits are offered on an “as available” basis, and the Third-Party Subscription Benefits are contingent upon our Partners’ availability to provide the services. Access to these Third-Party Subscription Benefits may require you to establish accounts with a Partner.
In addition, access to Current Subscription Benefits as well as Third-Party Subscription Benefits may be subject to additional eligibility requirements, including as required by applicable laws, and may be subject to additional terms and conditions. We do not guarantee that you will qualify or be able to use any particular Subscription Benefit at any given time, even if your Current Account is in good standing and even if you have paid the Subscription Fee. In the event of a conflict between any Third-Party Subscription Benefit terms and conditions and this Subscription Agreement, this Subscription Agreement will prevail on matters pertaining to your rights and obligations with Current.
In addition to any other eligibility requirements specified in this Subscription Agreement or relevant third-party agreement, you understand and agree that the following are required n order to access or use any Subscription Benefit:
Personal Information: You must provide us or the relevant Partner (depending on whether you seek access to Current Subscription Benefits or Third-Party Subscription Benefits) with current and accurate personal information as required in each instance, which may include, but not be limited to, your name, physical address, telephone number, email address, date of birth, social security number or any other identification number (e.g., driver’s license number), and other personal information that we or the relevant third-party may request to verify your identity, as well as financial information such as your bank card and bank account numbers (collectively, “Personal Information”). With respect to Current Subscription Benefits, you are responsible for promptly notifying us of any updates or changes to your Personal Information. For more information on the Personal Information we collect and use, and on steps we take to protect your Personal Information, please review the Current Privacy Policy. For more information on how Partners with whom you are signing up for Third-Party Subscription Benefits use your personal information, review the relevant Partner’s online privacy notice.
Other Agreements: For the avoidance of doubt, this Subscription Agreement does not include terms and conditions applicable to all Subscription Benefits (whether Current Subscription Benefits or Third-Party Subscription Benefits) made available through the Subscription. If you wish to access the Subscription Benefits, you must agree to any additional terms and conditions that apply to the specific Subscription Benefit you are accessing (the “Additional Terms”). If you do not wish to agree to the Additional Terms, do not enroll in the Subscription Benefit(s) to which they relate. We recommend that you review each of the Additional Terms to ensure that you understand all of the terms and conditions of each Subscription Benefit, including their respective eligibility requirements.
3. Subscription Changes
Current reserves the right to update, modify, amend, add on, discontinue, or change the Subscription, any of the Subscription Benefits, and/or any feature of the Subscription, at any time, in its sole discretion. In addition, pursuant to the Additional Terms, as applicable, our Partners may also update, modify, amend, add on, discontinue, or change the Third- Party Subscription Benefits. Current may provide notice of any changes to the Subscription or Subscription Benefits by posting them on www.current.com and/or the App; however, Current has no obligation to provide you with notice of any such changes other than as may be required by applicable law. Your continued use of and enrollment in the Subscription following any changes will constitute your agreement to and acceptance of any changes. Should the Subscription require the payment of new or additional fees, we will provide notice of the amount to be charged and the date of the updated Subscription Fee before the scheduled date the updated Subscription Fee will be collected, unless applicable law requires you to consent expressly to the updated fee. As with any notice of changes to the Subscription, your continued participation in the Subscription following receipt or posting of any such fee notice will constitute authorization of Current to charge you for any such new or additional fees. Should a Subscription Benefit be removed from the Subscription, we will provide you with advance notice if required by applicable law.
4. Eligibility for the Subscription
The Subscription can be activated only in the App. In order to qualify, enroll in, and be a member of the Subscription, you must meet all of the following requirements:
You must be a (i) citizen of the United States of America (“U.S.”); (ii) legal U.S. resident; or (iii) non-resident lawfully-admitted alien, who, in all events, is a natural person of at least 18 years of age or older (or the age of majority consent within your relevant jurisdiction), and have a valid residential U.S. address of residence (excluding P.O. boxes) and a valid Social Security number.
You must have access to the Current App.
You must have sufficient funds in your Current Account to pay the Subscription Fee.
We may add to or adjust these eligibility requirements at our sole discretion. If you initially meet the Subscription’s eligibility criteria but subsequently fail to meet such criteria, or if you fail to comply with this Subscription Agreement, your access to the Subscription may be suspended or terminated as determined by us in our sole discretion. The Subscription is for individual use only and is non-transferrable. While some Subscription benefits will begin immediately after we have processed your first Subscription Fee payment, some Subscription benefits may not be available right away. Please review the relevant Additional Terms for more information. Subject to applicable law, Current reserves the right to delay, decline or cancel any request to enroll in the Subscription or terminate your access to the Subscription any reason, including but not limited to, for security purposes and to help protect against possible fraudulent and/or other illegal activity, as well as for other unanticipated circumstances.
5. Subscription Term
When you enroll in Current Max, you will be charged the Subscription Fee (as defined below) for your first billing interval (“Billing Cycle”) on the date of enrollment, which activates the Subscription until your Subscription renewal day. Your Subscription renewal day is the day that your Subscription automatically renews, and will be on the same recurring calendar date on which you initially purchased your subscription (for example, if you purchased your Subscription on November 17, your Subscription renewal day will be December 17). Unless you notify us in accordance with the terms of this Subscription Agreement that you want to cancel your Subscription, you understand, acknowledge, and agree that your Subscription will automatically continue to renew, and your Current Account will automatically be charged on or no more than 24 hours before your Subscription renewal day as stated in the app. UNLESS YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE YOUR SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE BEGINNING OF EACH BILLING CYCLE, AND YOU AUTHORIZE US TO COLLECT THE SUBSCRIPTION FEE (WITHOUT PRIOR NOTICE UNLESS REQUIRED BY APPLICABLE LAW) FROM YOUR CURRENT ACCOUNT PURSUANT TO THE TERMS OF THE CURRENT MAX AUTOPAY AUTHORIZATION TERMS.
6. Subscription Fee
The amount you will be charged for the Subscription every Billing Cycle (the “Subscription Fee”) will be shown to you in the App.
When you enroll in the Subscription, you are required to agree to the Current Max AutoPay Authorization Terms, which is an automatic payment authorization that authorizes the recurring collection of the Subscription Fee at the beginning of each Billing Cycle.
In the event there are insufficient funds in your Current Account to pay the Subscription Fee when due, your Subscription will be cancelled.
Subscription Fee payment is non-refundable once payment has been processed.
7. Cancelling or Terminating Your Subscription
You may cancel your Subscription at any time in the App. To do so, (i) go to the Current Max section in the App and select the ellipses menu button in the top right-hand corner, (ii) click the “Cancel Your Subscription” option, then (iii) confirm you wish to cancel your Subscription. If you cancel your Subscription, you will still have access to your Subscription Benefits until the end of your current Billing Cycle. All Subscription Fee payments already charged for the current Billing Cycle are non-refundable and non- transferable, and will not be refunded on a pro-rata basis for any cancellation initiated during a Billing Cycle. For the avoidance of doubt, canceling your Subscription does not entitle you to a refund for payments already processed, and does not stop a pending charge. Please contact Current immediately by chatting with us on the App or calling 1-888-851-1172 to report any unauthorized charges related to your Subscription.
We reserve the right to stop offering the Subscription at any time or to terminate or restrict your access to the Subscription at any time, in our sole discretion, including without limitation if (i) you fail to fulfill any of the eligibility requirements for the Subscription before, during, or after enrollment, (ii) we suspect you have engaged in fraudulent or abusive activity, or (iii) you are in violation of any of the terms of this Subscription Agreement, the Additional Agreements, and/or the Additional Terms. Any termination or suspension of your access to the Subscription may continue until you cure the disqualification or violation, or we may terminate your access indefinitely. In addition, we will cancel your Subscription if we are unable to collect the Subscription Fee from your Current Account.
8. Modifications to the Subscription Agreement
This Subscription Agreement is subject to change or cancellation from time to time, including by adding, deleting or modifying terms, for any or no reason, and will be effective when posted on the Current App and website. We may provide notice of changes to this Subscription Agreement as and if required by applicable law. Your continued use of and enrollment in the Subscription following any changes to this Subscription Agreement will constitute your agreement to and acceptance of any changes.
9. Consent to the Collection and Use of Your Information
By entering into this Subscription Agreement, you authorize us as your agent to access and obtain information—including financial transaction data—about you, your Current Account, and/or any linked external bank account maintained at a third-party financial institution that you designate in the App, as may reasonably be related to providing the Subscription or any other Current services to you. You further authorize Current to use your information to develop, improve, tailor, personalize, enhance, and innovate around the Subscription (including, without limitation, the Subscription Benefits) and any other products and services that may be offered or provided by Current, its affiliates, and Partners. We may obtain such information directly from your bank accounts, or indirectly through our third-party service providers, and such information may be obtained from other third-party websites and databases. You agree that our third-party service providers and the operators and owners of the third-party websites and databases also will be entitled to rely on this authorization. We do not review the accuracy of the information we obtain. For more information, please refer to the Current Privacy Policy.
10. Transfer of Rights
Our rights and obligations pursuant to this Subscription Agreement may be assigned or transferred by us to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity. You may not assign, transfer, sublicense, or otherwise delegate your rights or obligations under this Subscription Agreement to any other person without our prior written consent.
11. Disclaimer of Warranties
The Subscription and/or any of the Subscription Benefits may be unavailable, inaccurate, or uninterrupted from time to time for a variety of reasons. We are not responsible for any unavailability, interruptions, or errors of the Subscription or its features. We may from time to time request information from you to confirm your identity before renewing your Subscription. We may delay your access to your Subscription until you comply with this information request. The Subscription and all the information and features accessible through it are provided only on an “as is” and “as available” basis. We, our agents, and the Partners make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, the accuracy, completeness, reliability, currency, or security of the operation of the Subscription, or its information, materials, content, availability, and products. The Subscription and this Subscription Agreement are provided by Current and do not modify the contractual relationships among or between you and Current (and/or Current’s affiliates), except as expressly set forth herein. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
With respect to Third-Party Subscription Benefits, Current does not control the provision of Third-Party Subscription Benefits and does not warrant that your use of the Third-Party Subscription Benefits will be accurate, complete, reliable, current, secure, uninterrupted, always available, error-free, or will meet your requirements. Current does not provide any of the Third-Party Subscription Benefits, and disclaims all liability arising from the provision or use of any Third-Party Subscription Benefit. Problems or issues with any Third-Party Subscription Benefit should be directed to the relevant Partner.
12. General Provisions
If any part of this Subscription Agreement is found to be unenforceable or invalid, only that part will be removed or limited as needed, and the rest of this Subscription Agreement remain enforceable. All provisions of this Subscription Agreement which by their nature shall survive termination, including, without limitation, Section 1 (Association with Other Agreement) and warranty disclaimers, shall survive and be enforceable even if your Subscription is terminated or cancelled. We do not waive rights by delaying or failing to exercise them at any time.
13. Consumer Rights Information
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Subscription is provided by Finco Services, Inc. d/b/a Current, 217 Centre Street, #180, New York, NY 10013. If you have any questions, concerns, or complaints regarding the Subscription, please contact us by (i) using the chat feature in the App, (ii) emailing us at support@current.com, or (iii) calling 1-888-851-1172. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Affairs at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.