We may amend this agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it.

This is an important document which you must consider carefully when choosing whether to use the services offered by Smart Family Tech, Inc.

Please note the following risks of using Smart Family Tech, Inc. Services:

Smart Family Tech, Inc. does not collect, hold or keep any money that is directly transferred between parents, payees, payers, merchants or recipients. Fund transfers occurring between parties are handled by third-party payment gateway providers including, but may not be limited to, PayPal, Checkbook.io, Braintree, Recurly and other 3rd party payment processing providers. Smart Family Tech, Inc. connects with these services to receive updates and API status messages. These status messages are stored by Smart Family Tech, Inc to provide and store a record and history of the transactions that may occur between parents, payees, payers, merchants or recipients.

Smart Family Tech, Inc. may collect a fee for using their service(s). This fee is collected, stored and processed completely separate from the money or funds that are transacted between parents, payees, payers, merchants or recipients. The fee is collected as a method to provide specific services and features to customers. We may close, suspend, or limit your access to your account or Smart Family Tech, Inc. Services if you violate this agreement or any other agreement you enter into with Smart Family Tech, Inc. or Smart Family Tech, Inc. partners used to offer the Smart Family Tech, Inc. Service. If you wish to open a dispute send an email to help@supportpay.com within 30 Days of making your payment.

How to Withdraw Money – Since Smart Family Tech, Inc. does not hold or store any of your funds directly so there is no method to withdraw funds from Smart Family Tech, Inc. If you would like to withdraw funds please contact the Smart Family Tech, Inc. payment gateway partner directly to manage your funds, withdraw funds or add funds to your account.

Fees Overview

Fees are based on a subscription service that provides additional functionality and features beyond the free version. In addition, there may be fees associated with the method you are sending or receiving funds. Fees may also be imposed based on a percentage of the payment amount. All fees will be described in detail on either your subscription invoice or during the processing of a payment. Once this payment has been made Smart Family Tech, Inc. reserves the right to not offer a refund or chargeback for these services. The services are considered rendered at that point that payment has been received for the services rendered. All Fees are in U.S. Dollars unless otherwise stated.

You will be charged a subscription fee based on the subscription option that you choose. The subscription fee will be stated clearly on your invoice, can be found in your “Subscription” section when you log into your account and will be sent to you, via the email provided in your “User Management” section. This invoice will be sent based on the frequency of the subscription you choose. For example, if you choose a yearly subscription, you will receive an invoice for the subscription fee every year. If additional fees are charged, beyond the subscription fee, you will receive an invoice for these items in the month that they occur.

All subscriptions will automatically renew unless you choose to cancel your account. To cancel your subscription please see the section under “Closing Your Account” or contact help@supportpay.com

The recurring fee depends on the Subscription level you choose and/or the payment method you use.

Each person with an account is charged as an individual. Each individual has the choice of the features they would like to use and the payment methods they will leverage. The fee is paid by the individual and is not based on family accounts.

Smart Family Tech, Inc. only charges a fee to use the Smart Family Tech, Inc. services and features as defined on the pricing page. Smart Family Tech, Inc. may also charge additional fees for sending or receiving money depending on the method the money is transferred. In addition, Smart Family Tech, Inc.’s payment gateway partners may charge additional fees for sending or receiving payments. It is the responsibility of the user to understand and accept the fees that may be charged by these Payment Gateway Partners. The user does not hold Smart Family Tech, Inc. responsible for any fees associated with sending or receiving payments directly to another parent, payee, payer, merchant or recipient. Each payment method may assess different fees.

If you use your credit card as the payment method for a payment, you may be charged a cash-advance fee by your credit card company or the Payment Gateway Partner. You acknowledge these additional fees may be added and you do not hold Smart Family Tech, Inc., officers, directors, employees, and contractors responsible for any of these fees.

Payments may not be sent to recipients in certain countries.

INTRODUCTION

The Terms of Use (hereinafter “Agreement”) modify and amend the Smart Family Tech, Inc Terms of Service in connection with the Electronic Payment Features (the “Feature”) offered through our online website(s) (including app.supportpay.com. and supportpay.com) and Android or IOS mobile device download (collectively “SupportPay”). This Agreement applies to your use of the eCheck features and any portion of SupportPay through which eCheck is offered. Your use of eCheck constitutes your understanding and agreement with the terms and conditions herein.

DEFINITIONS

“Us,” “us,” “we” or “our” refers to SupportPay and any of its parent, subsidiaries, partners or agents.  “You,” “you,” or “your” means any person or business entity using eCheck.  “Linked Account” means any account owned by you at any U.S depository financial institution.  “Hold Period” is a two business day period of time that SupportPay reserves before making funds available to the Connected Party or Merchant.

“Parents” are registered users of the SupportPay product.  “Connected Party” are Parents and/or other persons that are registered and associated with the same SupportPay account such as grandparent, aunts, uncles, etc.  “Merchants” are legal businesses with appropriate operating licenses, and operated by natural persons that use eCheck to accept payments for goods or services from registered Parents.

GENERAL DESCRIPTION OF THE SERVICE.

ECheck facilitates Parent to Parent or Parent to Merchant payment transactions for the purpose of expense reimbursement or purchase of approved goods and services. Merchants and Parents must register to use eCheck. You may only use it with other registered users.

ELIGIBILITY.

ECheck is offered only to individuals or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, eCheck is not offered to minors. By using eCheck, you represent that you meet these requirements and that you agree to be bound by this Agreement.

TRANSACTIONS.

When you use eCheck you instruct us to execute certain payment instructions on your behalf

(Transfers). The payment instructions will cause SupportPay to:

• Create Fully Electronic Checks (“FEC”) to debit your Linked Account; and/or
• Create Automated Clearing House (“ACH”) credits to send money to your Linked Account.

These FEC and ACH transactions (“Entries” or “Entry”) are processed pursuant to the terms of this Agreement, the National Automated Clearing House Association (“NACHA”) Operating Rules, the applicable Uniform Commercial Code (“UCC”), federal and state laws and regulations pertaining to Check21 and Fully Electronic Checks (also referred to as Remotely Created Checks, or “RCC”) and the applicable State and Federal laws and regulations (“Regulations”) governing such transactions (“Service”), collectively referred to herein as the “Rules.” Terms not otherwise defined in this Agreement shall have the meaning ascribed to those terms in the Rules.

USING THE APPLICATION.

Registering:

You must register your account before using eCheck. We’ll use the information you provide to verify and authenticate your identity and, if you are a Merchant, that your business is viable and in good standing.

You must provide a Linked Account when registering. We will validate that account using various means including, but not limited to, Instant Account Verification (IAV) or making a small deposit to it.

Paying another Parent, Connected Party or Merchant:

You may use eCheck to pay a Connected Party or Merchant.

When you instruct us to make a payment you are acting as the Payor and the Connected Party or Merchant is the Payee.

When you instruct us to make a payment we will debit your Linked Account for the amount you tell us (subject to amount limit policies) and credit the Connected Party or Merchant.

When we debit your Linked Account we will hold the funds for the Hold Period before making them available to the Payee.

If your Linked Account does not have sufficient funds to cover the amount you instructed us to pay then we may charge you a Not Sufficient Funds (“NSF”) fee. This NSF fee is in addition to any charges your bank may levy upon your Linked Account per your agreement with them.

Payment Disputes:

SupportPay will not be involved in, arbitrate or settle, in any manner, any disagreements or disputes between Parents, Connected Parties or Merchants.

OUR LIABILITY FOR FAILURE TO COMPLETE TRANSFERS.

If we do not complete a Transfer to or from your account, or using your saved User Information or in the correct amount according to this Agreement, Company will be liable for your losses or damages to the extent required by law. We will not be liable:

If, through no fault of ours, you do not have enough money in your Linked Account;

If the funds in your Linked Account are subject to legal process or other encumbrance restricting their use;

If eCheck was experiencing technical difficulties and you nevertheless proceeded to attempt a transfer ;

If the failure results from a failure of a financial institution that holds your Linked Account or is involved in any way in processing your Transfer;

If you provided inaccurate or incomplete information regarding the Transfer;

If the Transfer appears suspicious, fraudulent, or unauthorized, and we cannot confirm that it is a legitimate Transfer, or if the account of either user involved in the Transfer is under investigation by us or if the Transfer is or appears to be prohibited by any applicable law or rules

FEES AND BILLING

You may be charged a fee for using eCheck. Premium users get a certain number of transactions free with their monthly subscription. If you exceed your free transaction limit, then we will charge you an additional fee for each payment above the limit. Such fees are described on

https://supportpay.com/product/pricing

https://app.supportpay.com/settings/subscription

We reserve the right to change the fees at our discretion upon thirty (30) day prior notice to you.  You will be billed in arrears for any additional fees incurred during the month. If you are on an annual subscription plan you will be charged in arrears each month for any additional transaction fees.

FAILED PAYMENT ENTRIES.

In using eCheck to pay a Connected Party, you are requesting us to collect money from your Linked Account. If we give you credit for a payment Entry and it is subsequently returned to us for any reason (for example, there are insufficient funds in your Linked Account, or the Entry would exceed the credit or overdraft protection limit of your Linked Account) then we will take the following actions:

If the return is timely (within the Hold Period) then we will not disburse the payment amount to the Payee;

If we have already disbursed the payment amount to the Payee then we may reprocess the returned item or we may debit the Payee’s Linked Account to retrieve the amount owed to us.

Furthermore you agree:

We or our partners or agents may debit your Linked Account for the Entry amount or use any other commercial means to collect the amounts due to us;

That we or our partners or agents may debit your Linked Account separately for any and all costs we incur trying to collect the returned Entry amount including our own NSF Fee;

We are authorized, at our discretion, to report the facts concerning the return to any credit reporting agency.

LIMITS AND RESTRICTIONS.

Your SupportPay account has amount limits and certain other restrictions placed to prevent and control fraud. We may update the limits and restrictions with or without notice to you and with or without updating the current limits below:

• Daily transaction limit – $400;
• Monthly Aggregate limit – $1,000.

If you need a higher limit, please contact customer service at SupportPay to request it. We may ask you additional questions or require additional personal financial information in order to approve your request, such approval to be issued at our sole discretion.

COMMUNICATIONS AND NOTIFICATIONS.

We use various methods, including but not limited to, email and SMS (“Communications”), to notify you of actions taken on your account. When you register for eCheck, you agree to receive Communications from us. It is up to you to keep your contact email address and phone number current. In addition, we may provide notice to you by posting it on our web site and/or sending you an in-product message within eCheck.

USER INFORMATION.

Some functionality of eCheck may require the transmission of information provided by you, including user names and passwords, addresses, e-mail addresses, phone numbers, and financial information, such as account numbers (“User Information”). If you use such functionality, you consent to the transmission of User Information to SupportPay and/or its agents and authorize us and/or our agents to record, process, and store such User Information as necessary for the functionality and purposes described in the SupportPay Privacy Policy. You are solely responsible for the maintenance, confidentiality and security of any User Information stored on a device used by you to access eCheck including all transactions and other activities undertaken in your name, whether authorized or unauthorized. You agree to immediately notify us of any unauthorized transactions associated with your Wallet, including any other breach of security. We are not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a device or from unauthorized or fraudulent transactions associated with eCheck. It is also your sole responsibility and you agree to ensure that the User Information you provide to us is current and accurate. This User Information includes, but is not limited to, banking information, name, physical address, phone numbers and email addresses. Changes can be made within the user interface of eCheck. We are not responsible for any errors or fees incurred if you do not provide accurate Linked Account or contact information.

COMPLIANCE WITH RULES AND LAWS.

You agree to comply with and be subject to the Rules in existence as of the date of this Agreement, and any amendments to these Rules made from time to time whether by us or governing bodies. Your duties set forth in the following paragraphs of this Agreement in no way limit the requirement of complying with the Rules.

Authorizations.

You hereby grant us authorization to debit and credit your Linked Account electronically per the terms and conditions herein. You acknowledge that the origination of electronic debits to your Linked Account must comply with the provisions of U.S. law.

We shall maintain records of the authorization for two (2) years after the settlement date.

You hereby authorize us and/or our agent to electronically debit your Linked Account for dishonored Entries returned to us by the paying financial institution.

You hereby authorize SupportPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts, your company or employer. This may include asking you for further information and/or documentation about your Linked Account or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources including but not limited to credit bureaus and reporting agencies. This process is for internal verification purposes.

Originator. You hereby agree that when you pay another Parent, Connected Party or Merchant that you are the Originator, as that term is defined in the Rules and hereby assume all of the obligations and responsibilities of an Originator.  Receiver. You may also be the Receiver in certain conditions as that term is defined in the Rules.

Prohibited Transactions.

You agree not to use or attempt to use eCheck:

To engage in any illegal purpose or activity or to violate any applicable Regulation or Rule;

To engage in any activity or business that would result in you being or becoming a “money service business” as defined in the Bank Secrecy Act and its implementing regulations; or

To engage in any transaction or activity that is not specifically authorized and permitted by this Agreement and/or the Rules. SupportPay has the right to decline to execute any transaction or activity that we believe violates the terms of this Agreement.

ACCEPTABLE USE.

You may use eCheck for its purposed functionality, to affect electronic payments associated with commerce or to reimburse Parents or Connected Party’s. You may not use the Feature to or for:

Businesses relating to alcohol sales, illicit and illegal drugs, pornographic materials, gambling, ponzi schemes, pyramid schemes, multi-level marketing, payday lending;

Harass, abuse, threaten, embarrass, or demean other users or persons or violate their rights in any manner; Transmit logos that are pornographic or suggestive in any way;

Fraudulent or deceptive purposes;

Access content not intended for you or confidential to SupportPay;

Gain unauthorized access to SupportPay systems, servers or networks;

Damage, overburden or disable SupportPay systems, sites or networks; nor

Disassemble, decode or hack the code base in any way.