Last updated: April 4th, 2024
Welcome! We’re excited you have decided to use our platform and related mobile services, which we will refer to as “Services.”
These Terms of Service (which we’ll call “Terms”) should tell you everything you need to know, and everything we must tell you by law, regarding your initial use of our Services. These Terms are effective beginning when you sign up for our Service and end when your Service is terminated.
We use the following definitions:
“Account” means an account serviced by Current.
“Current,” “we,” “us,” or “our” means Finco Services, Inc. doing business under the name Current, as well as its affiliates, which shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Finco Services, Inc. d/b/a Current, including Finco Advance LLC.
“Choice” means Choice Financial Group, Member FDIC.
"CRB" means Cross River Bank, Member FDIC.
“Deposit Account Agreement” means the agreement between you and CRB and/or Choice governing use of your Account.
“You,” or “your” means the person opening an Account and using our Services or someone acting on that person’s behalf.
By accessing or using our Service, you agree to be bound by these Terms, and:
Acknowledge you have read these Terms
Acknowledge you have read the Privacy Policy and agree to be bound by it, and that you have read the Privacy Notice.
Only individuals 18 years or older who can form a legally binding contract can use our Services (for Teen/Custodial accounts, users under age 18 may use our Services as long as there is a parent or custodian linked to the account who is above age 18 and who can form a legally binding contract). We may impose other restrictions as well. By signing up for our Service, you are affirming to us that you are: 1) at least 18 years old and 2) have not been previously suspended or deactivated by us (unless we provide you written permission to do so).
By enrolling in the Services on behalf of someone else (e.g. custodial accounts), you affirm you have the authority to bind that person to the Terms, and that you will be bound to the Terms on behalf of that person.
Current offers a payment service and mobile application that lets you easily send funds to, or receive funds from, other Accounts. In addition, you can pay for goods or services at certain merchants.
We may, at any time, provide special offers from select merchants to you and load these offers onto your Account. We may also add to our Services as we create new ways for you to use our platform.
We may offer a sign-up or referral incentive for limited periods of time. If we do, we may change the amount of the offer, stop offering or cancel the incentives at any time. If we change the incentive amount, the credit will be based on the current promotional amount being offered at the time of incentive redemption. We reserve the right to void any promotional offer if we believe that the incentive is not being used for its intended purpose.
You authorize your wireless carrier to use or disclose information about your Account and your wireless device, if available, to Current or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device to prevent fraud.
If you have any questions regarding privacy or how we treat your data, please review Current’s Online Privacy Policy at https://current.com/privacy_policy/.
Current may provide periodic updates for the mobile application including updates like patches or bug fixes, enhanced functionality and offerings, and new versions of the mobile app. You agree and authorize Current to make automatic updates to the app and agree to make any manual updates or downloads ordered by Current where necessary.
In order to use our Service, you will need to open an Account with us, a process which begins with you providing information about yourself to us. You agree that the information you provide to us is accurate and up to date, and you agree to provide us with updated information during your relationship with us.
As part of Account opening, you may be prompted to provide your name, date of birth, address, phone number, Social Security number, and your government-issued identification. By agreeing to use our Services, you are authorizing Current and any third parties to use the information you provide us in order for us to verify your identity as part of account opening.
As part of these Terms, you agree that we can authorize a third party to act as its agent to collect information from you. Additionally, as part of these Terms, you agree an authorize that a third party can act as your agent in supplying certain information about you to us.
You also agree to not open additional (i.e. more than one (1)) individual Accounts in your name, which will be considered a violation of these Terms and can result in us terminating our agreement with you.
You agree to not disclose any login credential such as passwords or multi-factor authentication codes to anyone else. You agree that you are solely responsible for the activity that takes place on your Account, and you also agree that if you believe your Account credentials are no longer secure or there is any unauthorized activity on your account, you will notify us immediately.
By using our service, you agree to the following:
You agree to not use our Service in violation of any federal or state law or regulation.
You agree to not attempt to gain unauthorized access to any other user’s Account on our Service.
You agree to not attempt to bypass or damage any security measures we have implemented as part of our Service.
You agree to not attempt to remove, obscure, or alter our copyright notices, trademarks, or other proprietary notices that are contained within our service.
You agree to not infringe on Current’s rights of publicity or privacy.
You agree to not act in any way that is defamatory, trade libelous, unlawfully threatening or harassing.
You agree to not use an anonymizing proxy.
You agree to not attempt to use the Services by fraudulent, unlawful or inappropriate means of any kind, including the use of a bank account to which you do not have legitimate access.
You agree to not use any automatic device or manual process to monitor or copy our website.
You agree to not control or access an account at a financial institution that directly or indirectly has engaged in any of these restricted activities.
You agree to not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or customer support network.
You agree to not facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You agree to not use any device, software or routine to interfere or attempt to interfere with our website or the Services.
You agree to not take any action that may cause us to lose any services from our internet service providers, payment processors, or other suppliers.
We also urge you to think carefully before sending funds to an unknown person or merchant. Be particularly cautious of deals or offers that seem too good to be true. If you see any person or business using our Services in a way that appears suspicious or fraudulent, please let us know immediately.
By providing us with a cell phone number, you agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services. You also agree to receive autodialed and pre-recorded, non-marketing, service-related text messages from or on behalf of Current at the phone number provided.
You further consent to receiving autodialed and pre-recorded text messages from or on behalf of Current at the number provided for marketing or promotional purposes. You understand that consent to marketing-related messages is not a condition of using the Services.
You may decide to stop receiving text messages from Current at any time. To stop receiving marketing-related messages, you may reply STOP to any marketing-related text message you receive from Current. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to receive text messages from Current again, just sign up as you did the first time or contact Support (at support@current.com or by chatting with us in the mobile app) and we will start sending text messages to you again.
If you are experiencing issues with the Current’s text messages, you can reply with the keyword HELP or you can get help directly from Support at support@current.com or by chatting with us in the mobile app. However, you must use the text opt-out process described above to no longer receive text messages. We do not accept text message opt-out requests via US mail or other delivery service.
We, our service providers, and the wireless carriers are not liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from Current and from Current to you. If you have any questions about your text plan or your data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please review Current’s Online Privacy Policy at https://current.com/privacy_policy/.
Fees are charged in accordance with our Schedule of Fees, as outlined in the applicable agreement(s). If we assess a fee for any other service, or make a change to our Schedule of Fees, we will let you know in advance, as required by law.
To the extent you access our Services through a mobile or tablet device, your wireless service carrier’s charges, data rates, and other fees may apply.
We may stop any of your transactions or return any funds to their originator if we have reason to believe there may be suspicious activity involved or for any other reason so long as we are not prohibited by law.
We may terminate these Terms with you at any time, for any reason, and without advance notice. This means we may elect to immediately terminate or suspend your Account access or use of our Service if we believe you have violated these Terms or your Deposit Account Agreement.
Current reserves the right to terminate, limit or suspend your access at any time and for any reason or no reason, including: (1) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect our rights or interests; or (2) in connection with any general discontinuation of your Service.
The privacy of your information is important to us. Our Privacy Policy explains in detail how we manage your information when you use our Services. Please review this policy closely, because you must agree to the Privacy Policy before using our Services.
We and our third-party service providers may use your data, including your financial information, to improve our Services. We and our third-party service providers may use anonymous, aggregate financial information to perform analytical research, engage in performance tracking or benchmarking, or to publish, distribute, or license the aggregated, anonymous research data for any purpose.
We protect your sensitive data according to an internal information security policy and program, and as required by law. Despite our best efforts, you understand that transmissions on the internet cannot always be secure.
You are responsible for safeguarding your Account username, password, and any other information used to access our Services. If you do not safeguard your Account login information, you will be responsible, within limits imposed by law, for any loss associated with unauthorized use of your Account.
You may not solicit or market other people through our Services.
You authorize us, directly or through third parties, to validate the information you provide to us. This may include asking you for additional information, requiring you to take steps to confirm your email address or other information, or verifying your information against third party databases or other sources. If you refuse to provide identifying information, we may limit your use of the Services.
Point-of-sale debit transactions cannot be canceled. If you would like to cancel a POS transaction, please contact the merchant where the transaction was initiated for further assistance.
These Terms will be governed according to the laws of the State of New York, and all activities performed in connection with the Services will be deemed to have been performed in New York. Any controversy, dispute, or claim arising out of or relating to the Services or these Terms will be governed by and construed in accordance with the laws of New York, except the provisions concerning conflicts of law.
If a dispute arises between you and us, our goal is to learn about and address your concerns, so please send us a message at support.current.com. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly.
Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) these Terms; ii) your use of the Services; iii) advertisements, promotions or oral or written statements related to the Services, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA ”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of these Terms; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity; or iv) closing of the Account or termination of the Services. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. If an arbitrator or court finds any provision to be invalid, you and we agree that the arbitrator or court should give valid effect to the intention of that provision, and that the remainder of the Terms remain in full force and effect.
If you do not want this Arbitration Agreement to apply to your Account, you may opt out by sending us written notice of your decision within thirty (30) days of the opening of your Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement section of this Agreement. It should include your name, address, and your signature and should be sent to us at support@current.com. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you or your Account. You agree that our business records will be final and conclusive evidence with respect to whether you canceled or opted out of this Arbitration Agreement in a timely and proper fashion.
The Services and software are provided on an “as is” basis without any warranty or condition, express, implied or statutory. Current and its employees, suppliers, and vendors expressly disclaim all warranties of any kind as to the Services and all information included in or accessible from the Services, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
We make reasonable efforts to make the Services available, but we make no representations or warranties regarding the Services, including the time needed to complete transaction processing because the Services are dependent on many factors outside our control. Current does not have control over merchants’ delivery of goods or services paid for using the Services and cannot ensure merchants will deliver goods or services or the quality of goods or services. Some jurisdictions do not allow the disclaimer of implied warranties, so this disclaimer may not apply to you.
You agree to indemnify and hold harmless Current, CRB, and Choice and their affiliates and their respective directors, officers, employees, representatives, agents, and contractors, including supplier, from any claims, actions, proceedings, liabilities, damages, settlements, penalties, fines expenses and costs (including but not limited to reasonable attorneys’ fees) caused by, arising from or relating to your use of the Services.
You agree that access and use of the Services is at your own risk. Except as required by law, you agree that we will not be liable for any harms related to the Services, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses, even if Current has been advised of the possibility of such harms. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. therefore, this limitation may not apply to you.
We own all right, title, and interest in the Services and associated software and technology. This means that everything on our website (for example, text, graphics, links, logos, images) is our intellectual property. You agree not to use our intellectual property for any purpose. The technology and software underlying the Services or distributed in connection with the Services are the property of Current and its affiliates (the “Software”).
If we do not enforce any provision in these Terms, it will not be considered a waiver.
If any provision of these Terms is found unenforceable, then that provision will be severed from
these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms and the Privacy Policy make up the entire agreement between you and us regarding the Services and supersede any prior agreements.
We reserve all rights not expressly granted to you.
Current wants to hear your comments, concerns, suggestions, or questions. Send us a message at support.current.com. Certain portions of the Current Site (e.g. Current.com) and mobile app may permit you to submit, post, transmit or upload content created by you, such as photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs, social media networks (including Current.com branded Facebook, YouTube, LinkedIn, Twitter, Instagram or similar channel) and discussion forums, and/or communications with other Site users ("User Submissions") and e-mail communications with Current employees (i.e. e-mail-submitted content). User Submissions also include content you post on your own social media pages that you give Current permission to use; or example, by your posting of a hashtag that Current is promoting or by any other indication of your acceptance of this Agreement.
You agree that you will not submit any User Submission that: (a) includes material that is copyrighted, protected by trade secret, or otherwise subject to any other proprietary rights (including, without limitation, trademark rights or privacy and publicity rights) unless you are the owner of such rights or have express permission from the owner to post such material; (b) includes any material that, infringes upon, misappropriates, or violates the rights of any person or entity, or violates any applicable laws; (c) is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, indecent, violent, abusive, profane, false, hateful, racially or ethnically offensive, encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (d) contains advertisements or solicitations of any funds, goods, or services; (e) is a communication by a user impersonating another user; (f) contains personal information, such as messages which identify an individual’s names, telephone numbers, social security numbers, account numbers, and/or addresses; or (g) could be considered bulk unsolicited communications.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submission to Current via the Site, social media, or otherwise, whether solicited or unsolicited, you agree that you are granting Current a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, copy, reproduce, broadcast, publish, print, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submission for any purpose, including, without limitation, for advertising, marketing and promotional purposes, in any media, now or hereafter known, even if this Agreement is later modified or terminated.
No credit, approval or compensation is due to you for any such Use of any User Submission you may submit. Subject to the terms of our Privacy Policy, Current shall also have the right, but not the obligation, to Use your username, real name, image, likeness, caption, location information, and/or other identifying information in connection with the Use of User Submissions.
You represent and warrant that the Use of the User Submission by Current will not infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or violate any applicable law. You agree to obtain all necessary rights for the Use by Current of User Submission, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in a User Submission.
Current reserves the right to monitor, review, alter, edit, refuse to post, or remove any User Submission. You agree that Current does not have any obligation to use or respond to any User Submission. Current has no control over whether User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, Current expressly disclaims any and all responsibility for User Submissions.
Current will fully cooperate with any law enforcement authorities or court order requesting or directing Current to disclose the identity of anyone posting User Submissions that violate these Terms and Conditions or any law or regulation. Current may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Current, its customers, or the public.
By submitting a User Submission, you acknowledge that any personal data supplied by you may be used by Current or its agents for sending commercial marketing and communication emails to you. Current may also share any such personal data with third parties for the purpose of commercial marketing and communications. You hereby consent to such use. You have the right to access, modify and request the destruction of your personal data at any time by sending a request to Current; and you have the right to opt out from receiving such marketing and communication at any time by sending a message to Current.
You agree to defend and indemnify Current and any Covered Parties that are involved in creating, sponsoring, promoting, or otherwise making available the Site and its Content from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature (including, but not limited to reasonable legal and accounting fees) that result from any User Submission that you made or any Use of a User Submission by Current.
We reserve the right to at any time make updates to these Terms, at our sole discretion. Updates to these Terms can be made without advanced notice. We encourage users to periodically check this agreement for any updates. For changes that we deem to have a material effect, we will notify you of these changes as required by law either using the email or phone number we have on file, provided by you.
We are constantly improving our Services and adding new features. As a result, we may have to modify these Terms, and we may not provide notice to you before we make the changes. However, we will notify you when required to do so by law.
By continuing your use of the Services, you agree to any modified Terms. If at any time the Terms, or the terms, conditions or charges associated with your Deposit Account Agreement are not acceptable to you, you may terminate these Terms by closing your Account (after paying any fees or charges owed). To do so, simply send us a message at support.current.com