Terms of use



The following Website/Mobile App Terms of Use (“Terms of Use”) apply to the MoneyAmigo websites and mobile apps (each, a “Platform” and collectively, the “Platforms”) owned and operated by Amigo, Inc., and its subsidiaries and affiliates (collectively, “Amigo,” “we,” or “us”) and do not modify your MoneyAmigo Cardholder Agreement which governs your use of your prepaid card (“Card”). By accessing or using the Platforms, whether via computer, mobile device or other technology, you (“you” or “Cardholder”) represent that you have read and agree to be bound by these Terms of Use in their entirety and all applicable laws, rules and regulations governing your use of the Platforms. If you do not agree to these terms, do not use the Platforms. Amigo is free to revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these Terms of Use periodically for changes.


As a Cardholder, you have the option of holding a MoneyAmigo Basic Account or MoneyAmigo X Account, each account providing you with the benefits set forth in www.moneyamigo.com and subject to the www.moneyamigo.com/feeschedule.

If you open a Basic Account, you may upgrade to an X Account at any time by signing up on the MoneyAmigo app and paying the monthly fee set forth on the Account Fee Schedule.  All benefits will be unlocked and made available to you immediately upon signing up and upgrading your account.  In addition, you will receive a new metal card with your identical account information, with the exception of the CVC number on the back of the card, which will change.

Similarly, if you elect to open an X Account, you may downgrade to the Basic Account at any time.  Downgrading your account will cause the loss of certain content, features, and capabilities.  We do not accept liability for any such loss in the event it occurs.  In the event you downgrade your account, and effective as of the subsequent statement cycle, all access to X Account benefits will cease; provided, however, that you will be responsible for fulfilling any outstanding obligations incurred as a holder of an X Account.  You will keep your metal card until expiration, at which point a replacement plastic card will be issued with an identical account number, but different CVC number on the back of the card.


  1. Terms and Conditions for the MoneyAmigo Prepaid Visa® This section entitled “Using Your Card” constitutes the agreement (“Agreement”) outlining the terms and conditions under which the MoneyAmigo Prepaid Visa Card has been issued to you by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa U.S.A. Inc. “Metropolitan Commercial Bank” and “Metropolitan” are registered trademarks of Metropolitan Commercial Bank © 2014. By accepting and/or using this Card, you agree to be bound by the terms and conditions contained in this Agreement. The “Program Manager” for the MoneyAmigo Prepaid Visa Card is FirstView, LLC and the Customer Service telephone number is 1-855-884-7723 or see the toll free telephone number on the back of your Card. In this Agreement, “Card” means the MoneyAmigo Prepaid Visa Card issued to you by Metropolitan Commercial Bank, including any Secondary Card(s) you may request. “Card Account” means the records we maintain to account for the value of transactions associated with the card. “You” and “your” means the person or persons who have received the Card and who are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean Metropolitan Commercial Bank, our successors, affiliates or assignees. The Card will remain the property of Metropolitan Commercial Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you apply for a Card, we will ask for your name, address, date of birth, social security number or country identification number, and other information that will allow us to identify you. We may also ask to see your driver’s license or other documentation bearing your photo as verification of your identity. By participating in the Card program, you warrant factual representation of the required information is accurate, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), social security number or other identification documentation, date of birth, and telephone number. If you falsify, misrepresent, or fail to provide requested information, we may cancel your Card. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially Federal investigation.  We reserve the right to restrict or delay your access to any such funds.

  1. Your Card. The Card is a prepaid card. The Card allows you to access funds loaded or deposited to your Card Account by you or on your behalf. The funds in your Card Account will be FDIC-insured once we have been able to verify your identity.  You may access the funds in your Card Account by using your Card, Card Number, or by automated clearinghouse (ACH) debit using your Account Number. The Card is not a credit card.  The Card is not a gift card, nor is it intended for gifting purposes. You will not receive any interest on your funds on the Card.  The funds in your Card Account will not expire, regardless of the expiration date on the front of your Card.
    You agree to pay all fees associated with the Card. We may from time to time amend the Fee Schedule, at our sole discretion as set forth in the section of this Agreement entitled, “Amendment and Cancellation.” If you request a service that is not included in this Schedule of Fees and Charges and there is a fee for such service, such fee will be disclosed at the time you request the service and you agree that any such fee may be deducted from your Card Account.
  1. Authorized Users – Secondary Cardholder. You may request an additional Card (“Secondary Card”) for another family member to access the funds in your Card Account. The maximum number of additional Cards that can be issued for family members is three (3) per individual account (and with the Primary Card for a total of four (4) per individual account). The additional cardholder must be 13 years of age or older. The additional cardholder is not allowed to load funds onto their cards. Only the Primary cardholder is allowed to load fund onto their card(s). The Primary cardholder is responsible for the entire account including all additional Cards. If you allow, permit or authorize another person to have access to your Card or Card Number, you are liable for all transactions made with the Card, Card Number or Account Number, and all related fees incurred, by those persons. To cancel an additional card, telephone the toll free number on the back of your Card or customer service office at 1-855-884-7723 and you must follow-up not later than 10 business days with the written notification to revoke (cancel) permission for any person you previously authorized to use your Card.  Until we have received your notice of such a revocation (cancelation) and have had a reasonable time to act upon the written notification of cancelation, you are responsible for all transactions and fees incurred by you or any other person you have authorized.  If you notify us to revoke another person’s use of the Card, we may revoke your Card and issue a new Card with a different number. Secondary cardholders will not be allowed to load funds to the Card. You remain liable for any and all usage of an additional Card you authorize.
  1. Card Account Use and Purpose. Subject to the limitations set forth in this Agreement, you may use your Card, Card Number, or Account Number, as applicable, to (1) add funds to your Card Account (as described in the Section below entitled “Adding Funds to Your Card Account”), (2) transfer funds between Card Accounts, (3) purchase goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account, and (4) withdraw cash from your Card Account (as described in the Section below entitled “Using Your Card to Get Cash”).  There may be fees associated with some of these transactions. For fee information, see the “Schedule of Fees and Charges” attached to this Agreement.   You agree not to use your Card for illegal gambling or any other illegal purpose.

We will provide you our bank routing number and assign you a 13-digit Account Number once your identity has been verified.  The bank routing number and your assigned Account Number are for the purpose of initiating direct deposits to your Card Account and authorized ACH debit transactions only. The 16-digit Card Number embossed on your Card should not be used for these types of transactions or they will be rejected. You are not authorized to use the bank routing number and Account Number if you do not have sufficient funds in your Card Account or to make a debit transaction with a paper check, check-by-phone or other item processed as a check. These debits will be declined and your payment will not be processed. You may also be assessed an ACH Decline Fee (see the “Schedule of Fees and Charges” attached to this Agreement).

  1. Limitations on Frequency and Dollar Amounts of Transactions: The total amount of purchases and cash withdrawals (including withdrawals inside a bank office) that you can perform in any single day is limited to the Transaction Limits amounts set forth in the enclosed Schedule of Fees and Charges. The maximum aggregate value of your Card Account(s) is restricted to $10 ,000 at any point in time.  We will determine any maximum value by aggregating the activity and value of all Card Accounts you may have with us.   For security reasons, we may further limit the number or dollar amount of transactions you can make with your Card.
  1. Personal Identification Number (“PIN”). We will give you a PIN that you may use with your Card once your identity has been verified.  Only one (1) PIN will be issued for each Card Account.  You will need a PIN to obtain cash at an ATM or to make a PIN purchase or obtain cash back at a point-of-sale (“POS”) terminal. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the Section below entitled “Your Liability for Unauthorized Transfers.”
  1. Adding Funds to Your Card Account. You may add funds to your Card (called “value loading”) at any time.  Some reload locations may have limits on the minimum amount you may load to your Card.  Absent special approval, the maximum aggregate value of funds in your Card Account(s) may not exceed $10,000 at any time. You agree to present the Card and meet identification requirements to complete value load transactions as may be required from time to time.  Load locations may have their own load limits that may be less than our allowable amount. Load locations may also assess a fee to load funds to your Card Account.  You cannot load your Card Account by check or money order.  You may also direct deposit funds to your Card Account by providing our bank routing number and your assigned Account Number to your employer or other direct deposit payor (as described in the Section above entitled “Card Account Use and Purpose”).
  1. Using Your Card to Get Cash. With a PIN, you may use your Card to (i) obtain cash or check your balance at any Automated Teller Machine (“ATM”) that bears the Visa®, PLUS®, or STAR® brand, or (ii) obtain cash at merchants or banks that have agreed to provide cash back at POS terminals bearing the Visa®, Interlink®,, or NYCE    All ATM transactions are treated as cash withdrawal transactions. The maximum amount of cash you may withdraw at an ATM on a daily basis is $1,000 as described in the Section above entitled “Limitations on Frequency and Dollar Amounts of Transactions.” We may limit the amount of any individual ATM withdrawal, and merchants, banks and ATM operators may impose additional withdrawal limits.  You will be charged a fee by us for each cash withdrawal and balance inquiry made at an ATM or cash withdrawal obtained through a bank teller, in the amount disclosed in the accompanying  “Schedule of Fees and Charges.” In addition, when you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
  1. Split Transactions. If you do not have enough value loaded on your Card you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.
  1. Transactions Using Your Card Number. If you initiate a transaction without presenting your Card (such as for a mail order, Internet or telephone purchase or an ACH debit purchase), the legal effect will be the same as if you used the Card itself.
  1. Your Obligation for Negative Balance Transactions. Each time you initiate a Card transaction, you authorize us to reduce the funds available in your Card Account by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions (creating a “negative balance”). Nevertheless, if any transactions cause the balance in your Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. You may also be liable for any related Insufficient Funds/NSF Fee(s) as set forth in the accompanying “Schedule of Fees and Charges.”  We reserve the right to bill you for any negative balance or to recoup such negative balance from any other Card we have issued to you. You agree to pay us promptly for the negative balance and any related fees. We also reserve the right to cancel your Card should you create one or more negative balances with your Card.
  1. Business Days. Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of New York.
  1. Authorization Holds. You do not have the right to stop payment on any purchase transaction originated by use of your Card, other than a Recurring Transaction as described in the Section below entitled “Recurring Transactions.” When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and the merchant may estimate its final value. When you use your Card to obtain cash at an ATM or from a bank teller, we will authorize the transaction in advance (including all applicable fees). When we authorize a purchase transaction, we commit to make the requested funds available when the transaction finally settles and will place a temporary hold on your Card’s funds for the amount indicated by the merchant. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds. Car rentals, hotels and other service‑oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to sixty (60) days after your stay or your rental to have any excess amounts held by the hotel or rental company added back to your available balance. Similarly, some gas stations may factor in additional amounts to cover potential filling of the tank; if you want to avoid such a hold, you may want to pay inside the gas station, instead of paying at the pump. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card for the correct amount of the final transaction, and we will release any excess amount when the transaction finally settles.

When you use your Card at certain restaurants and service-oriented merchants, there may be an additional 20% (or more) added to the authorization to cover any tip you may leave on the purchase. If this occurs, and your total bill, after adding in the additional 20% (or more), exceeds the amount available on your Card, your transactions may be declined. Accordingly, you should ensure that your Card has an available balance that is 20% (or more) greater than your total bill prior to using your Card.

  1. Recurring Transactions. If you intend to use the Card for recurring transactions, you should monitor your balance and ensure you have funds available in your Card Account to cover the transactions. “Recurring transactions” are transactions that are authorized in advance by you to be charged to your Card at substantially regular intervals. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance in your Card Account to cover the transaction. If these recurring transactions may vary in amount, the person you are going to pay should tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) If your Card was obtained through your employer or you receive electronic deposits of Federal payments to your Card:  If you have told us in advance to make regular payments (i.e., Recurring Transactions) from your Card Account, you can stop the payment by notifying us orally at 1-855-884-7723 or in writing to 2690 Cobb Parkway, SuiteA5-232, Smyrna, GA 30080 at least three (3) business days before the scheduled date of the transfer.  If you call, we also may require you to put your request in writing and get it to us within 14 days after you call.  If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your direct losses or damages. If you have authorized a merchant to make the recurring payment, you should also contact the applicable merchant in order to stop the transaction.
  1. Preauthorized Credits. If you have arranged to have direct deposits made to your Card Account at least once every sixty (60) days from the same person or company and you do not receive a receipt/statement (paystub), you can call us at 1-855-884-7723 to find out whether or not the deposit was made.
  1. Returns and Refunds. If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card Account for such refunds. You are not entitled to a check refund unless your Card has been closed. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
  1. Card Cancellation and Suspension; Limits. We reserve the right, in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of transactions. We may refuse to issue a Card, revoke Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, you may do so by calling the number on the back of your Card. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Our cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card privileges through no fault of yours, you will be entitled to a refund as provided below in the Section entitled “Amendment and Cancellation.” Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We can waive or delay enforcement of any of its rights under this Agreement without losing them.
  1. International Transaction Fee. If you initiate a transaction in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by Visa U.S.A. Inc. into an amount in the currency of your Card. Visa U.S.A. Inc. will establish a currency conversion rate for this convenience using a rate selected by Visa U.S.A. Inc. from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Visa U.S.A. Inc. itself receives, or the government mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by us. If you obtain your funds in a currency or country other than the currency or country in which the Card was issued, we may increase the currency conversion rate (described in the immediately preceding section) up to an additional 2% of the transaction amount and will retain this amount as compensation for our services. This charge is independent of and in addition to the currency conversion rate established by Visa U.S.A. Inc.
  1. Receipts. You should get or request a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipt to verify your transactions.  You can get a receipt at the time you make any transfer from your Card Account using one of our ATM terminals.
  1. Obtaining Balance and Transaction Information for Your Card; Periodic Statements. You should keep track of the amount of funds available in your Card Account. You may obtain information about the amount of funds you have remaining in your Card Account by calling the number on the back of your Card. This information, along with a 120-day history of account transactions, is also available on-line through our customer self service website shown on the back of the Card. You also have the right to obtain a 120-day written history of account transactions by calling the number on the back of your Card, writing us at 2690 Cobb Parkway, Suite A5-232 Smyrna, GA 30080, or calling the customer service office at 1-855-884-7723. There may be a fee for obtaining a written history (see the “Schedule of Fees and Charges” accompanying this Agreement).
  1. Confidentiality. We may disclose information to third parties about your Card or the transactions you make using your Card: (1) Where it is necessary for completing transactions; (2) In order to verify the existence and condition of your Card for a third party, such as a merchant; (3) In order to comply with government agency, court order, or other legal reporting requirements; (4) If you give us your written permission; (5) To our employees, auditors, affiliates, service providers, or attorneys as needed; and (6) as otherwise provided in our Privacy Policy Notice below.
  1. Our Liability for Failure to Complete Transactions. In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. We will not be liable, for instance: (1) If, through no fault of ours, you do not have enough funds available in your Card Account to complete the transaction; (2) If a merchant refuses to accept your Card or provide cash back; (3) If an ATM where you are making a cash withdrawal does not have enough cash; (4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; (5) If access to your Card has been blocked after you reported your Card or Access Code lost or stolen; (6) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (7) If we have reason to believe the requested transaction is unauthorized; (8) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; (9) Any other exception stated in our Agreement with you.
  1. In Case of Errors or Questions about your Card Account. Telephone us at the number on the back of your Card or write to us at 2690 Cobb Parkway, Suite A5-232, Smyrna, GA 30080 as soon as you can, if you think an error has occurred in your Card Account. If your Card receives wages, salary, or other employee compensation that are made on a recurring basis or you receive electronic deposits of Federal payments to your Card, the following provisions of this Section also apply:  We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at the number on the back of your Card, writing to us at 2690 Cobb Parkway, Suite A5-232, Smyrna, GA 30080 or calling the customer service office at 1-855-884-7723 . You will need to tell us: (1) your name and Card Number; (2) why you believe there is an error, and the dollar amount involved, and (3) approximately when the error took place. If you tell us orally, we will require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days (5 business days for Visa Point-of Sale Signature unauthorized debit transactions) after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.  If we decide to do this, we will provisionally credit your Card within ten (10) business days (5 business days for Visa Point-of Sale Signature unauthorized debit transactions) for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation.  If you do not have wages, salary, or other employee compensation that are made on a recurring basis or federal payments (for example, Social Security benefits, tax refunds or other government payments) deposited to your Card Account, we may not credit your Card.  If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, (5 business days for Visa Point-of Sale Signature unauthorized debit transactions) we may not credit your Card.  For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation and debit your account for the amount of the provisional credit. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at the number on the back of your Card.  If your Card does not receive wages, salary, or other employee compensation that are made on a recurring basis or does not receive electronic deposits of Federal payments, all of this Section applies, except we will not credit your Card Account until our investigation is complete and we have determined an error occurred.
  1. Lost or Stolen Cards/Unauthorized Transfers. If you believe your Card or Access Code(s) (“PIN”) has been lost or stolen, call the number on the back of your Card or the customer service office 1-855-884-7723 or write to us at 2690 Cobb Parkway, Suite A5-232, Smyrna, GA 30080.  You should also call the number or write to the address shown here if you believe an electronic transfer has been made using the information from your Card or Access Code(s) (“PIN”) without your permission.
  1. Your Liability for Unauthorized Transfers. You agree to exercise reasonable control over your PIN(s) (“Access Code(s)”); user ID(s); and password(s) and any other access code related to your Card Account (each, an “Access Code”) and your Card.  Tell us AT ONCE if you believe your Card or Access Code(s) has been lost or stolen. Also, if your transaction history shows transfers that you did not make, including those made with your Card, Card Number or Account Number, or you believe an electronic transfer has been made without your permission, tell us at once. Telephoning the toll-free number on the back of your Card or calling the customer service office at 1-855-884-7723 is the best way of keeping your possible losses down. You could lose all of the money in your Card AccountIf you tell us within two (2) business days after you learn of the loss or theft of your Card, you can lose no more than $50.00 if someone used your Card without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card, and we can prove that we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.00. If you do not tell us within sixty (60) days after the earlier of the date you electronically access your Card Account or the date we sent the FIRST written history on which the error appeared, you may not get back any money you lost after the sixty (60) 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, documented, reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

The following provisions of this Section apply to all Card Accounts: You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of your Card or Access Code(s). You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue replacement Card(s) or Access Code(s) (PIN(s)), but only after you have provided such proof and security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate your Card(s) and/or Card Account to prevent future losses. If you share your Card(s) or Access Code(s) (PIN(s)) with another person, use of your Card Account by that person may be considered as authorized. If you authorize another person to use your Card or Access Code(s) (PIN(s)), you agree that you will be liable for all transactions arising from use of the Card or Access Code(s) (PIN(s)) by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law.  A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way.  Visa’s Zero Liability policy covers U.S.–issued cards only and does not apply to ATM transactions outside the Visa and PLUS networks, PIN transactions not processed by Visa, or certain commercial card transactions. Cardholder must notify us promptly of any unauthorized use.

  1. Other Terms. Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, whether local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement shall be governed by the law of the State of New York except to the extent preempted or governed by federal law.
  1. Amendment and Cancellation. We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You also may cancel this Agreement by returning the Card to us or by calling customer service at the number on the back of your Card. If your Card is cancelled by you or us when the Card has a balance, we will send you that amount by sending you a check at that address we have for you in our records. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
  1. Telephone Monitoring/Recording. From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
  1. No Warranty Regarding Goods and Services. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
  1. Arbitration Provision. This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. (a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and FirstView, LLC, Program Manager of the MoneyAmigo Prepaid Visa® Card. or any of its agents or retailers, arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any additional cardholders designated by you; (ii) the amount of available funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court shall be pursued only in arbitration. As used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders. (b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org. (c) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. (d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. (e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification. (f) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. (g) Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
  1. Delivery of Electronic Communications

The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Card Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically.  If you have not consented and would like to receive Communications electronically from us, please visit us online at www.moneyamigo.com.

Scope of Communications to Be Provided in Electronic Form.  When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below.  Your consent to receive electronic Communications includes, but is not limited to:

  • All legal and regulatory disclosures and communications associated with your Card Account and any related products or services
  • Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement
  • Privacy policies and notices
  • Error resolution policies and notices
  • Responses to claims filed in connection with your Card Account
  • Notices regarding insufficient funds or negative balances

Method of Providing Communications to You in Electronic Form.  All Communications that we provide to you in electronic form will be provided either (1) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such Communications on the MoneyAmigo mobile application.

How to Withdraw Consent.  You may withdraw your consent to receive Communications in electronic form at any time by contacting us at 1-855-884-7723 or visiting the www.moneyamigo.com website or write to 2690 Cobb Parkway, Suite A5-232 Smyrna, GA 30080.  If you do withdraw your consent, we will close your Card Account, except where prohibited by law.  We will not impose any fee to process the withdrawal of your consent to receive electronic Communications.  Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal.  In the meantime, you will continue to receive Communications in electronic form.  If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

How to Update Your Records.  It is your responsibility to provide us with a true, accurate and complete e-mail address (if you have elected to receive e-mail messages from us), your contact information, and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information.  You can update information (such as your e-mail address) through the MoneyAmigo mobile application or by contacting us at 1-855-884-7723.

Hardware and Software Requirements. In order to access, view, and retain Communications that we make available to you electronically, you must have:

  • An Internet browser that supports 128 bit encryption
  • Microsoft Internet Explorer 8 or above, or the equivalent software
  • Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit
  • An e-mail account with an Internet service provider and e-mail software
  • A personal computer (1.8-GHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in via a plain text-formatted e-mail or by access to our web site using browser specified above or equivalent software.
  • Adobe Reader version 8 or higher


Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by calling 1-855-884-7723 or writing to us at 2690 Cobb Parkway, Suite A5-232, Smyrna, GA 30080.  We may charge you a service charge for the delivery of paper copies of certain Communications provided to you electronically pursuant to this authorization. See the attached “Schedule of Fees and Charges” for details about this service charge. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

Fact Statement.

Metropolitan Commercial Bank Privacy Policy Notice:                                                  Rev. 8/2015

Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing.  Federal law also requires us to tell you how we collect, share, and protect your personal information.  Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:
·       Identification Information

·       Account Balances

·       Transaction History

·       Account Transactions

·       Checking Account Information

·       Wire Transfer Instructions

When you are no longer our customer, we continue to share your information as described in this notice.
How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Metropolitan Commercial Bank chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does Metropolitan Commercial Bank share? Can you limit this sharing?
For our everyday business purposes such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No
For our marketing purposes to offer our products and services to you Yes No
For joint marketing with other financial companies Yes No
For our affiliates’ everyday business purposes information about your transactions and experiences No We don’t share
For our affiliates’ everyday business purposes information about your creditworthiness No We don’t share
For non-affiliates to market to you No We don’t share
Questions? Call 1-866-363-8226 or visit  www.metropolitanbankny.com
What We Do
How does Metropolitan Commercial Bank protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate.
How does Metropolitan Commercial Bank collect my personal information? We collect your personal information, for example, when you
·       Open an account

·       Apply for financing

·       Show your driver’s license

·       Provide account information

·       Give us your contact information

We also collect your personal information from others, such as credit bureaus, affiliates or other companies
Why can’t I limit all sharing? Federal law gives you the right to limit only:

·    sharing for affiliates’ everyday business purposes – information about your credit worthiness

·    affiliates from using your information to market to you

·    sharing for non-affiliates to market to you

State laws and individual companies may give you additional rights to limit sharing.

Affiliates Companies related by common ownership or control. They can be financial and non-financial companies.  Metropolitan Commercial Bank does not share with our Affiliates so they can market to you.
Non-affiliates Companies not related by common ownership or control. They can be financial and non-financial companies. Metropolitan Commercial Bank does not share with non-affiliates so they can market to you.
Joint Marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you. Our joint marketing partners include credit card account companies.

For Alaska, Illinois, Maryland and North Dakota Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing – without your authorization.For California Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing – without your authorization. We will also limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us.For Massachusetts, Mississippi and New Jersey Customers. We will not share personal information from deposit or share relationships with nonaffiliates either for them to market to you or for joint marketing – without your authorization.For Texas Customers. If you have a complaint, first contact the customer service division of Metropolitan Commercial Bank at 1-866-363-8226. If you still have an unresolved complaint regarding the company’s money transmission activity, please direct your complaint to Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov.For Vermont Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing without your authorization, and we will not share personal information with affiliates about your creditworthiness without your authorization.

Other Important Information

biometric authentication (Fingerprint scanning and MoneyAmigo Facial Recognition for User Verification and Identification)

These terms and conditions (“Terms”) apply to and regulate the use of Biometric Authentication service (“Biometric”) provided by Amigo, Inc. (“MoneyAmigo”) in order to access your account within the MoneyAmigo mobile application.  Biometric Authentication is a user identity verification and identification process that involves a biological input or the scanning or analysis of some part of the body which includes but not limited to fingerprint scanning or MoneyAmigo Facial Recognition.

The Biometric service is provided as part of the MoneyAmigo’s services, and shall be read in conjunction with the Terms and Conditions of Access, Privacy Statement and any other applicable MoneyAmigo Services terms.

In the event of any conflict or inconsistency, these Terms shall prevail over all other Terms and Conditions to the extent of such conflict or inconsistency.

You must accept and agree to these Terms before you are able to use the Biometric service. By accepting and agreeing to these Terms, you acknowledge and agree that you have successfully registered/activated the Biometric service and your Biometric authentication can be used to access MoneyAmigo’s mobile application services for transactions such as login and serves as an instruction for any other transactions as may be determined by the MoneyAmigo at its absolute discretion from time to time using the fingerprints registered with your mobile device or face registered with the MoneyAmigo mobile application (“Application”).

  1. You understand the need to protect your mobile device. Once your mobile device is successfully registered with the Biometric service, your MoneyAmigo’s Application services can be accessed with the fingerprints registered in your mobile device or your face with the Application.
  1. In registering for MoneyAmigo Facial Recognition you expressly consent for MoneyAmigo Facial Recognition to be applied across all of your MoneyAmigo access by enabling it within MoneyAmigo’s Application on your device.
  1. MoneyAmigo may extend the use of other biometric option as may be determined by MoneyAmigo at its absolute discretion from time to time.
  1. You are advised NOT to register any third party(s)’s fingerprints in your mobile device or any third party(s) face and voice with the Application, as by such registration, the third party(s) will be able to access your MoneyAmigo Application, to which MoneyAmigo shall not be held responsible whatsoever for such access or any losses or damages incurred by you as a result of such access authorized by you.
  1. You acknowledge and agree that, for the purposes of the service, the Application will be accessing the fingerprints registered in your mobile device, and you hereby consent to MoneyAmigo accessing and using such information for the provision of the service.
  1. MoneyAmigo reserves the right to add, modify, delete or vary any of these Terms (“Variations”) at any time. The revisions shall take effect from the date stated in the notice. If you continue to use the Application after such notification, you shall be deemed to have agreed to and accepted the Variations.
  1. You agree to view these Terms regularly and your continued access or use of the Biometric service after any such additions, modifications, deletions or variations become effective will constitute your acceptance to the variation of these Terms.


As a MoneyAmigo X Cardholder, you are eligible to participate in the following programs further described below, including: (i) Cash Back Program, (ii) Rewards & Discounts Program, (iii) Health Benefits Program, (iv) New Account and Referral Program (available to all Basic and X Cardholders), (v) Insurance Program, and (vi) Cardholder Borrowing Program.  In the event you wish to take advantage of any such services or program, we will need to share certain customer information with each applicable third-party partner in order in connection with and in support of its applicable service offering. We offer these services in good faith but have no control nor offer any guarantees or warranty whatsoever over the decision-making process or quality of products or services offered hereunder. Notwithstanding the foregoing, Money Amigo reserves the right to add new services or offerings through either or both MoneyAmigo Basic accounts or Money Amigo X accounts, subject to the terms and conditions set forth herein.  Any additional plan or service for which you sign up and which require paying an additional fee, be advised that in the event there are insufficient funds in your account to cover the required fee when due, Amigo will charge a $1.50 non-sufficient funds (NSF) fee per incident that we attempt to pull funds from your account.


All holders of MoneyAmigo X accounts are automatically enrolled in the MoneyAmigo Cash Back Program (the “Cash Back Program”) and are immediately eligible to earn cash back on certain purchases made with your Card (“Cash Back”). IMPORTANT: YOU CANNOT REDEEM OR ACCESS THE CASH BACK YOU EARN WITH YOUR CARD UNTIL YOU SUCCESSFULLY REGISTER FOR A CASH BACK ACCOUNT, VERIFY YOUR EMAIL ADDRESS AND/OR MOBILE PHONE NUMBER AND ACTIVATE YOUR PERSONALIZED CARD. The Cash Back Program enables you to earn up to a maximum of one percent (1%) in Cash Back on each qualified purchase of one dollar ($1.00) or more made with your Card, and apply the Cash Back to future purchases made with your Card. The one percent (1%) maximum in Cash Back described above can be earned in two separate tranches. An initial tranche of a half percent (½%) Cash Back will normally be applied to your account within thirty (30) days in arrears after your purchase transaction settles but could take up to sixty (60) days. A second tranche of a half percent (½%) Cash Back will normally be applied to your account within sixty (60) days of the end of the calendar year during which you made any qualifying purchases, provided that your, provided that your account remains active and in good standing as of December 31 of the applicable calendar year, subject to the limitations and reductions set forth below, as applicable to your account.  Returns, reversals, cancellation or disputes involving a purchase will result in your Cash Back for that transaction being reversed.  More specifically, any Cash Back earned from purchases that have been returned and refunded will be deducted from your Cash Back balance within thirty (30) days of a merchant’s refunding your purchase and return of funds to your account.  All chargebacks initiated by you will be aggregated over each calendar year, and the aggregate Cash Back earned from the purchase(s) underlying such charge(s) shall be deducted from the second tranche Cash Back payment applied to your account within thirty (30) days of the end of the calendar year. In addition, purchases may fall outside of the actual date you made your purchase if there is a delay in the merchant submitting such transaction to us. We have no control over the merchant’s submission of transactions and will not credit purchases with Cash Back on any date other than the date of the merchant submission. ATM transactions, fees, PIN-based transactions and Bill Pay are not considered purchases for this program and do not earn Cash Back. Sub-accounts (family cards) are not eligible.

Although you will begin to accrue Cash Back immediately in your earned Cash Back balance with each purchase made with your Card as it is submitted to us by the applicable merchant (“Earned Cash Back Balance”), the Earned Cash Back Balance will only become available for your redemption/use provided you have successfully registered for a Cash Back account, activated your personalized Card, verified your email address and/or mobile phone number with us and your account is in good standing. Subject to meeting the requirements stated above, your Earned Cash Back Balance is automatically deposited into your account and made available for you to use (“Redeemed Cash Back Balance”).

Once your Earned Cash Back Balance is transferred into your Redeemed Cash Back Balance, the Cash Back transferred can be used and applied to future spend with your Card anywhere your Card is accepted.  Your Earned Cash Back Balance that is transferred into your Redeemed Cash Back Balance will automatically apply to your Cash Back purchase transactions until your Redeemed Cash Back Balance is depleted. Cash Back will continue to accrue in your Earned Cash Back Balance pursuant to the terms herein.

Any Cash Back earned but not redeemed shall continue to be available for your use, provided that you remain an accountholder in good standing. If you receive Cash Back and we later discover that you did not have a purchase for that Cash Back or that you manufactured spending through your own use or by permitting others to transact on your Card or account, you may forfeit future Cash Back earnings, or we may apply future Cash Back or any Cash Back not yet redeemed until enough Cash Back rewards are accrued to cover the applicable portion of the Earned Cash Back Balance. The Cash Back Program is designed for consumer spend only and may not be manipulated or converted into a commercial spend or financial transaction instrument. In addition, if you make a purchase and your account is credited with Cash Back or Cash Back is used to make a Cash Back purchase, any later return, reversal, cancellation or dispute involving any part of the purchase or Eligible Cash Back purchase will result in your Earned Cash Back Balance and/or Redeemed Cash Back Balance being reversed, debited or cancelled (in whole or part) to reflect that portion of the purchase which has been returned, reversed, cancelled or disputed and may cause your Earned or Redeemed Cash Back Balance(s) to go negative. We may also take any other action we deem appropriate.

Cash Back does not expire but if your Card and/or Earned Cash Back Balance is closed or terminated for any reason whatsoever, you have the right to contact us in writing to request that a check be sent to you for the available balance on your account.  Should we not receive said written request within 60 days of the account closure, all Cash Back will be forfeited. In certain cases we may reinstate your Earned Cash Back Balance if you re-open your account within thirty (30) days of a voluntary closure.

We reserve the right to suspend or prohibit your ability to earn, use or redeem your Earned Cash Back Balance or suspend or close your Card or account in the event you (i) violate any of the Cash Back Program terms and conditions, (ii) use your Card in a manner inconsistent with applicable laws, regulations, ordinances, (iii) engage in any misconduct or wrongdoing in connection with your MoneyAmigo product or applicable Cash Back feature(s) or promotion(s), (iv) structure purchases or conduct transactions with your Card or account to manufacture spending, (v) conduct purchases other than those which are for personal or household use (ex. commercial purchases), (vi) engage in any activity which would jeopardize the Cash Back Program or its intended use, or (vii) engage in any fraudulent or inappropriate acts, including by attempting to defraud Amigo into providing Cash Back. Any Cash Back credited to an account in violation of this Agreement or the Cash Back Program terms and conditions may be revoked by us in our sole discretion.


Rewards and discount offers available through your Card are powered by Entertainment®.  For rules of use please visit www.entertainment.com/rulesofuse.  Entertainment® and each merchant’s logo and marks are the property of the merchant and copying or use other than for redeeming the coupon is prohibited.


THIS PLAN IS NOT INSURANCE and is not intended to replace health insurance.  This plan does not meet the minimum creditable coverage requirements under M.G.L. c.111M and 956 CMR 5.00. This plan is not a Qualified Health Plan under the Affordable Care Act.  This is not a Medicare prescription drug plan. The range of discounts will vary depending on the type of provider and service. The plan does not pay providers directly. Plan members must pay for all services but will receive a discount from participating providers. The list of participating providers is at this website. A written list of participating providers is available upon request.  You may cancel within the first 30 days after effective date or receipt of membership materials (whichever is later) and receive a full refund, less a nominal processing fee (nominal fee for MD residents is $5, AR and TN residents will be refunded processing fee). Discount Plan Organization and administrator: Careington International Corporation, 7400 Gaylord Parkway, Frisco, TX 75034; phone 800-441-0380.

This plan is not available in Vermont or Washington.


The Account Referral Program was created to encourage our Cardholders to receive certain benefits for referring new customers to MoneyAmigo and for those customer’s friends and family to sign-up for MoneyAmigo accounts. The program is void where prohibited. We reserve the right to discontinue the Program at any time.

  1. Account Referral Program. By participating in this program and submitting the contact information of your friends, neighbors, family members, and associates to Amigo (hereinafter each friend, neighbor, family member, or associate is referred to as a “Contact”), you agree and consent (1) to be bound by these terms and conditions of the program and (2) to having Amigo (a) forward an e-mail or SMS message using your full name as the “referrer” in the sender field to all such Contacts containing an invitation to register as a MoneyAmigo accountholder.

You will receive a cash reward if your referred Contact: (1) successfully completes registration for a new MoneyAmigo “Basic” or “X” account using the link you send them, (2) activates their Card, and (3) then (a) sets up direct deposit with MoneyAmigo or (b) makes five transactions on their new account, including without limitation, loading funds, making ATM withdrawals, or ordering card-to-card transfers. The referred Contact must be a new, first-time Cardholder who has not previously registered with MoneyAmigo. For each referred Contact that completes the required actions, you will receive a $5 credit to your account as a credit on your statement cycle within thirty (30) days following your Contact’s completion of the foregoing actions.

To be eligible, a Contact must be 18 years or older and a U.S. citizen.   In addition, a Contact will be deemed ineligible for the purposes of this program if said Contact is (a) already a Cardholder, or (b) has previously registered with MoneyAmigo and has cancelled his or her account. A Contact will also be ineligible for the purposes of this program, and we will not send an e-mail or SMS message offer to such Contact, if his or her e-mail address appears on the opt-out lists of MoneyAmigo. For privacy reasons, you will not be notified if any of your Contacts are ineligible for any reason.

Approval of a Contact as a registered Cardholder is based upon your Contact’s compliance with and satisfaction of all verification, registration requirements, and/or instructions we provide to the Contact for responding to the referral.

There are no limits or caps to the number of referral incentive payments which a Cardholder can earn, subject to the terms and conditions herein and MoneyAmigo’s right to modify or discontinue this program at any time.


Subject to and in accordance with the terms and conditions in place by Amigo, Inc., Amigo offers certain Cardholders with a MoneyAmigo X account, the opportunity to borrow funds.  This program is NOT available in all States.  The full terms and conditions of the Amigo Zero borrowing program can be found here www.moneyamigo.com/termsofuse

By clicking the “Submit” button and electing to receive loans through our Platforms, you (i) agree to receive disclosures and conduct transactions electronically and (ii) confirm that you expressly consent to receive marketing communications from Amigo to the phone number provided, including via an automatic telephone dialing system. You may contact us at any time to withdraw these consents. You may email Amigo at legal@moneyamigo.com. You may obtain free paper copies of these disclosures by calling Amigo to request them. You understand that this consent is not required to apply for an Amigo Zero loan.


By accessing the MoneyAmigo website or mobile application, Cardholders with an active MoneyAmigo X account hereby authorize MoneyAmigo to automatically bill and debit such MoneyAmigo X account on the date in which Cardholder first opened a MoneyAmigo account and each monthly anniversary thereafter for MoneyAmigo services provided thereunder in arrears, to be applied in the following manner: (i) first, toward any Payment Penalty (as such term is defined below), (ii) second, toward the monthly MoneyAmigo fee associated with such MoneyAmigo X account, (iii) third, toward repayment in full of any outstanding principal and interest due and owing under loans made to Cardholder via MoneyAmigo’s Amigo Zero borrowing program, (iv) fourth, toward the monthly payment due on AmigoCare health benefits, and (v) fifth, toward the monthly payment due on AmigoProtect identity protection and legal discount program.  In the event the balance of funds by Cardholder in the MoneyAmigo X account are insufficient to cover and pay in full the payments due in accordance with the provisions set forth above, MoneyAmigo shall assess Cardholder a fee in an amount equal to $1.50 multiplied by each failed payment occurrence (collectively, “Payment Penalty”) to be paid in accordance with the foregoing sentence, and Cardholder shall be deemed to be in default and shall no longer be eligible to hold a MoneyAmigo X account or receive benefits thereunder if such payments are not made in full on the immediately following monthly payment due date (the interim period, the “Cure Period”); provided, however, that Cardholder shall continue to receive benefits under the MoneyAmigo X program during such Cure Period.  If, upon the expiration of the Cure Period, all payments are not made, Cardholder shall no longer be an eligible MoneyAmigo X member, and subject to the provisions set forth below, funds will no longer be automatically debited and transferred from such MoneyAmigo account in accordance with the foregoing provisions.

MoneyAmigo shall provide ten (10) days’ prior written notice to the Cardholder’s home mailing address before changing or modifying the foregoing funds transfer policy; provided, however, that Cardholder shall be permitted to waive such notice when a transfer falls outside of a specified range of amounts or when a transfer differs from the most recent transfer by an agreed-upon amount; provided, further, that in the event of a default, Cardholder hereby expressly authorizes MoneyAmigo to automatically debit and transfer funds from Cardholder’s account on the immediately following payment due date upon the expiration of the Cure Period in an amount equal to sums not paid for the preceding billing cycle plus amounts due for the then-current billing cycle in accordance with the foregoing payment provision.

Notwithstanding the foregoing, Cardholders shall have the right to stop payment of such preauthorized electronic fund transfers by notifying MoneyAmigo orally or in writing at least three (3) business days prior to the schedule date of transfer; provided, however, that such Cardholder shall be required to give written notice of such stop-payment order within fourteen (14) days of an oral notification by e-mailing to: legal@moneyamigo.com, or mailing to:

Amigo, Inc.
Attn:  Legal Department

900 Wigwam Parkway, Suite 100

Henderson, NV  89014.


Without limiting the terms set forth in paragraph 18 under the “Using your Card” provision herein, MoneyAmigo has the right to cancel or suspend access to all “Additional Plans and Services” available to MoneyAmigo X members in the event of a MoneyAmigo X member’s failure to pay monthly membership fees in accordance with the terms set forth herein on the date in which payment is due (“Payment Date”).  Notwithstanding the foregoing, you will continue to receive all benefits and/or services available to you as a MoneyAmigo X member without interruption for a period of thirty (30) days after the Payment Date, at which time, if you have still not paid in full all membership fees due MoneyAmigo on the Payment Date: (i) all services available to you under “Additional Plans and Services” shall be suspended until all such fees have been received by MoneyAmigo, and (ii) your account will be downgraded to a Basic Account.  If after one hundred twenty (120) days you have not paid in full all membership fees due MoneyAmigo on the Payment Date, your Basic Account will be terminated and all benefits available through and provided by your Card will no longer be available to you.  Notwithstanding the foregoing, MoneyAmigo, at its sole and absolute discretion may waive or extend the due date for fees owed by members upon prior written notice; provided, however, that MoneyAmigo’s failure to enforce any provision of this section shall in no way be construed to be a waiver of such provision absent prior written notice thereof.


Use of a Platform is subject to the www.moneyamigo.com/privacypolicy which explains how we collect, store, share or otherwise use your personal information and non-personal information. You should review these policies before using a Platform.


You acknowledge and agree that the materials contained on our Platforms are protected by copyright, trademark and other proprietary rights and laws. You may temporarily download or save to your disk or hard drive one copy of materials found on our Platforms for your personal use only, provided such copies you make of this material must include any copyright, trademark or other proprietary notice located on the Platforms which pertains to the copied material. You agree not to systematically retrieve data or other content from the Platforms for the purpose of creating a collection, compilation, database, or directory without our written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from our Platforms does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with the these Terms of Use. You may not mirror or archive any part of a Platform or any material contained on a Platform on any server or computer without our written permission. Except as stated herein, none of the contents of a Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Amigo or the applicable owner(s) of any linked sites.

Trademarks, service marks, and logos appearing on a Platform are the property of Amigo or the party that provided the trademarks, service marks, and logos to Amigo, whether registered or not. Amigo and any party that provided trademarks, service marks, and logos to Amigo retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on a Platform.

Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. If you believe that your copyrighted work is being infringed on a Platform, please notify our copyright agent specified below.

E-mail may be sent to: legal@moneyamigo.com

Mail may be sent to:

Amigo, Inc.
Attn:  Legal Department

900 Wigwam Parkway, Suite 100

Henderson, NV  89014
Please notify us in writing and include all of the following:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Platform are covered by a single notification, a representative list of such works at that Platform.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Amigo to locate the material.
  • Information reasonably sufficient to permit Amigo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Nothing on a Platform shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Amigo or any third party, whether by estoppel, implication, or otherwise.


Downloading software from any of our Platforms does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software. A description to a product, service or publication on any of your Platforms (including any description or reference via hyperlink) does not imply endorsement by Amigo of that product, service or publication. Products and software offered through any of our Platforms shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

Telephone calls and sms/text messaging by moneyamigo

I consent and agree that MoneyAmigo (and its affiliates, agents, assigns and service providers) may monitor and record telephone calls regarding my account to assure the quality of service or for other reasons.

I also expressly consent and agree, in order to administer and service my account or to collect any amounts I may owe, MoneyAmigo (and its affiliates, agents, assigns and service providers) may contact me by telephone at any telephone number associated with my account that I provide now or in the future, including cellular phones, wireless telephone numbers or other wireless devices, regardless of whether I incur charges as a result. I understand that my authorization may be revoked only via written correspondence to MoneyAmigo, at:  900 Wigwam Parkway, Suite 100, Henderson, NV  89014  Attn: Marketing Department, or electronic mail at legal@moneyamigo.com.

I expressly consent and agree to MoneyAmigo (and its affiliates, agents, assigns and service providers) contacting me by the following methods including, but not limited to, any telephone dialing system, sending text messages or emails using any email address I provide now or in the future, using manual calling methods, prerecorded/artificial voice messages and/or use of an automatic dialing device or system, as applicable.


You agree not to use any Platform for any purpose that is unlawful or prohibited by the Terms of Use. You may not use any Platform in any manner that could damage, disable, overburden, or impair this website or interfere with any other party’s use of this website or services. You may not seek by any means to obtain any materials or information through any Platform not intentionally made available to you through any Platform. You are prohibited from using any services or facilities provided in connection with any Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Amigo reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use. We further reserve the right to terminate your access to our Platforms or to any or all of its services at any time without notice for any reason whatsoever.

These Platforms may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum. You agree that you will not:

  • Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
  • Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
  • Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
  • Improperly assume or claim the identity, characteristics, or qualifications of another person.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Use the Platforms for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations.
  • Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
  • Attempt to gain access to any portion of our Platforms, any computer, server, account, network, software, or hardware associated with our Platforms, from which you are restricted.
  • Violate any applicable laws or regulations.
  • Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via any Platforms.
  • Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.

Amigo is not obligated to monitor the communications contained on our Platforms. However, Amigo may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof.

You hereby grant to Amigo the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Amigo through our Platforms (collectively, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Amigo will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Amigo operations.


We make no representations or warranties that our Platforms are free of defects, viruses or other harmful components. The pages, links, or other information displayed on our Platforms may contain technical inaccuracies, outdated information and typographical errors. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of our Platforms or our computer systems. If you are dissatisfied with any portion of our Platforms or the associated services, your sole remedy is to cease using them.





You agree to defend, indemnify, and hold harmless Amigo and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of our Platforms, your breach of any of these Terms of Use, or your infringement of the intellectual property rights of third parties.


Our Platforms and the information contained or referred to herein or therein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. Such Platforms may contain information and press releases about and by Amigo. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements displayed on our Platforms that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the ‘safe harbor’ for forward-looking information and are subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as “believes,” “anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “estimates,” “predicts,” “is designed to,” “with the intent,” “potential,” and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to general economic and currency conditions, various conditions specific to Amigo’s business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, Amigo’s accounting policies, future trends, and other risks.


To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers, to enhance service to you. You consent to this monitoring and recording.

You agree that we may from time to time make calls and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that we may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. You may revoke your consent at any time by any reasonable means.


These Terms of Use shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in these Terms of Use shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these Terms of Use shall be construed to give maximum legal effect to the intent expressed herein.

These Terms of Use are governed by, and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Delaware or, if appropriate, the United States District Court for the District of Delaware for the resolution of all disputes arising out of or relating to the use of our Platforms and the associated services. These Terms of Use constitutes the entire agreement between you and Amigo with respect the subject matter hereof, and supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Amigo with respect to the subject matter herein.

Amigo’s performance hereunder is subject to existing laws and legal process. Nothing contained in these Terms of Use is in derogation of Amigo’s right to comply with governmental, court and law enforcement requests relating to your use of our Platforms, or information collected by Amigo in connection with such use.

Amigo reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Amigo may have. All rights not expressly granted herein are reserved exclusively and entirely to Amigo.

Specific areas or pages of our Platforms may include additional or different terms relating to the specific use of those areas or pages. In the event of a conflict between such terms and these Terms of Use, those relating to the specific use of those areas or pages shall control.

Last Revised: May 9, 2018