Terms of Service

Terms of Service

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 [email protected] within 30 Days of making your payment.

1.1 Smart Family Tech, Inc. is a software company focused on delivering solutions that make family life easier. Smart Family Tech, Inc. helps you track, manage, make and receive payments in relation to your family life and accepts payments from other parties by leveraging a 3rd party payment gateway system. Smart Family Tech, Inc. does not have control of, or liability for, the products or services that are paid for with Smart Family Tech, Inc. and Smart Family Tech, Inc. Services. We do not guarantee the identity of any User or ensure that a payor or payee complete a transaction.

1.2 Your Privacy – Protecting your privacy is very important to us. Please review our privacy policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.

1.3 Privacy of Others – If you receive Information about another User through the Smart Family Tech, Inc. services, you must keep the Information confidential and only use it in connection with the Smart Family Tech, Inc. service. You may not disclose or use the Information for marketing purposes unless you receive the user’s express consent to do so.

1.4 Intellectual Property – “Smart Family Tech, Inc.”, “SupportPay”, & “supportPay.com” and all logos and product names related to Smart Family Tech, Inc., are either trademarks or registered trademarks of Smart Family Tech, Inc.. You may not copy, imitate or use them without Smart Family Tech, Inc.’s prior written consent.

1.5 Password Security, Keeping Your Email and Address Current – You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other usernames and/or codes

that you use to access Smart Family Tech, Inc. Services. You are responsible for keeping your mailing address and email address up to date in your User Profile.

1.6 Notices to You – You agree that Smart Family Tech, Inc. may provide you communications about your account and Smart Family Tech, Inc. Services electronically. Smart Family Tech, Inc. reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications sent to you will be considered to be received, by you, within 24 hours after sending or posting to our website. Any Communications sent to you by postal mail will be considered to be received, by you, 3 Business Days after sending it.

1.7 Account Statement – You have the right to receive an account statement. You may view your account statement by logging into your account and clicking on the “user management” section.

1.8 Calls/text to you – By providing Smart Family Tech, Inc. a telephone number (including a mobile telephone number), you consent to receiving autodialed, prerecorded message, and voice calls from Smart Family Tech, Inc.. If we determine that a telephone number you have provided to Smart Family Tech, Inc. is a mobile telephone number, we may categorize or change it as such in our systems and your account profile. You consent to receiving text messages from Smart Family Tech, Inc. about your account and use of Smart Family Tech, Inc. Services.

1.9 Use of information – Smart Family Tech, Inc may use the data and information you store in the system for any purpose related to operating the service and / or products associated with Smart Family Tech, Inc. You agree that Smart Family Tech owns all data and information stored in our system and can use this information in any way. This may include marketing, advertising or selling such data for additional revenue streams or in the process of selling all or part of the assets associated with Smart Family Tech, Inc and all of its products and services.

2.1 Eligibility – To be eligible to use Smart Family Tech, Inc. Services, you must be at least 18 years old.

2.2 Third party permissions – If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party’s product or service or through your account profile, you acknowledge that Smart Family Tech, Inc. may disclose the information about your account that is specifically authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities to Smart Family Tech, Inc.. Further, you acknowledge and agree that you will not hold Smart Family Tech, Inc., officers, directors, employees, and contractors responsible for, and will indemnify Smart Family Tech, Inc. from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant. You may change or remove these permissions at any time by changing your settings in your account profile.

3.1 Sending Limits – We may, at our discretion, impose limits on the amount of money you can send through Smart Family Tech, Inc. Services, including money you send or receive. You can view your limits, if any, by logging into your account and clicking on the view limits link on the user management page.

3.2 Default Payment Methods – When you make a payment, if you have not selected a preferred payment method, Smart Family Tech, Inc. will fund your transaction in this order:

· Instant Transfer from your bank account

· Debit card and/or Smart Family Tech, Inc. Debit Card

· Credit card

· eCheck

3.3 Payment Method Limitations – In order to manage risk, Smart Family Tech, Inc. may limit the payment methods available for a transaction.

3.4 Bank Transfers – For any transaction that you use your bank account as your payment method, or when you initiate an add Funds transaction, you are requesting an electronic transfer from your bank account. For these transactions, Smart Family Tech, Inc.’s payment gateway partner will make electronic transfers via ACH from your bank account in the amount you specify. You agree that such requests constitute your authorization to Smart Family Tech, Inc. and/or Smart Family Tech, Inc.’s payment gateway partners to make the transfers. Once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer. You give Smart Family Tech, Inc. and/or Smart Family Tech, Inc.’s payment gateway partner the right to resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds.

3.5 Refused and Refunded Transactions – When you send money, the recipient is not required to accept it. You agree that you will not hold Smart Family Tech, Inc., officers, directors, employees, and contractors liable for any damages resulting from a recipient’s decision not to accept a payment made through Smart Family Tech, Inc.. Any unclaimed, refunded or denied payment will be returned to your balance via the original payment method. Smart Family Tech, Inc.’s payment gateway partners are responsible for refunding payment and you need to contact these payment gateway providers directly in order to initiate or request a refund.

3.6 Merchant Processing Delay – When you send a payment to certain merchants, you are providing an authorization to the merchant to process your payment and complete the transaction. The payment will be held as pending until the merchant processes your payment. Some merchants may delay processing your payment. In such an instance, your authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate, which will include the currency conversion fee as described in the fee overview section, will be determined at the time the merchant processes your payment and completes the transaction.

Preapproved Payments – A preapproved payment is a payment in which you authorize a merchant to directly charge your account on a one-time, regular, or sporadic basis. Preapproved payments are sometimes called “subscriptions”, “recurring payments”, “preauthorized transfers” or “automatic payments”. Within 2 business days of any preapproved payment made from your account, you will receive a confirmation of this transaction by email. The following applies to any preapproved payments you make:

Notice for certain preapproved payments. If a preapproved payment will vary in amount and is made using an instant transfer, eCheck, debit card payment method, or your Balance, you have the right to advance notice of the amount and date of the transfer from the merchant at least 10 Days before the transfer is made. If the merchant provides the option, you may choose to receive this advance notice only when the amount of your preapproved payment will fall outside a range established between you and the merchant. This notice is designed to protect you from having insufficient funds in your bank account to cover the preapproved payment.

Stopping a preapproved payment. You may stop a preapproved payment at any time up to 3 business days before the date of the next scheduled payment by notifying Smart Family Tech, Inc. To stop a preapproved payment by notifying Smart Family Tech, Inc., you must access the subscriptions section of your account profile and follow the links to stop the payment. If you stop a preapproved payment you may still be liable to the merchant for the payment or other penalties under the terms of your agreement with the payee and you may be required to pay the payee through alternative means. We will only be liable for your losses or damages directly caused by our failure to stop any preapproved payment if you have followed the instructions in this section to notify us.

3.8 Accuracy of Information – You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email address or telephone number of the recipient, and the amount of the transaction.

3.9 Debit Card Processing – Smart Family Tech, Inc.’s payment gateway partner will process your debit card funded transactions through either the ATM debit network or the Visa/MasterCard network. If we process your debit card through an ATM debit network, we may provide you with the opportunity to switch to a Visa or MasterCard network by clicking the “Funding Sources” link on the payment review page. If you use your Debit Card for a payment that is not in U.S. Dollars, your transaction will be funded with your U.S. Dollar Balance, even if you have a Balance in another currency. Any required currency conversion will be performed by Visa, MasterCard, or a similar third party and may be subject to a fee by that third party.

3.10 Credit Card Information – If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your Account.

4.1 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.

5.1 How to Close Your Account – You may close your account at any time by following the instructions in your account profile or sending an email to [email protected] Upon account closure, we will cancel any pending transactions and you will forfeit any balances associated with redemption codes, unless otherwise legally prohibited.

5.2 Limitations on Closing Your Account – You may not close your account to evade an investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect Smart Family Tech, Inc., its affiliates, or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines,

penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.

6.1 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 is 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 [email protected]

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.

7.1 Restricted Activities – In connection with your use of our website, product, services, or in the course of your interactions with Smart Family Tech, Inc., officers, directors, advisors, employees, contractors, partners, affiliates or other users you agree to the following:

You will not:

· Breach this Agreement or any other agreement or policy that you have agreed to with Smart Family Tech, Inc.;

· Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);

· Infringe Smart Family Tech, Inc.’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

· Act in a manner that is defamatory, trade libelous, threatening or harassing;

· Provide false, inaccurate or misleading information;

· Send or receive what we reasonably believe to be potentially fraudulent funds;

· Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;

· Attempt to “double dip” during the course of a dispute by receiving or attempting to receive funds from multiple parties for the same transaction;

· Control an account that is linked to another account that has engaged in any of these restricted activities;

· Use your Account or Smart Family Tech, Inc. Services in a manner that Smart Family Tech, Inc., other 3rd Party Gateway partners, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;

· Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

· 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; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our websites or Smart Family Tech, Inc. Services;

· Take any action that may cause Smart Family Tech, Inc. to lose any of the services from our Internet service providers, payment processors, or other suppliers;

· Use Smart Family Tech, Inc. Services to test credit card behaviors.

· Perform any action that may be deemed detrimental to the operation of Smert Family Tech, Inc product and services

8.1 Your Liability.

General. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Smart Family Tech, Inc., officers, directors, employees, contractors, a user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of Smart Family Tech, Inc. Services. You agree to reimburse Smart Family Tech, Inc., officers, directors, employees, contractors, a user, or a third party for any and all such liability.

8.2 Reimbursement for your liability – In the event that you are liable for any amounts owed to Smart Family Tech, Inc., Smart Family Tech, Inc. may immediately remove such amounts from your balance. If you do not have a balance that is sufficient to cover your liability, your remaining balance (if any) will be removed, your account will have a negative balance up to the amount of your liability, and you will be required to immediately add funds to your balance to eliminate the negative balance. If you do not do so, Smart Family Tech, Inc. may engage in collection efforts to recover such amounts from you.

8.3 Actions by Smart Family Tech, Inc. – Restricted activities. If Smart Family Tech, Inc., in its sole discretion, believes that you may have engaged in any restricted activities, we may take various actions to protect Smart Family Tech, Inc., other Users, other third parties, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

· We may close, suspend, or limit your access to your account or Smart Family Tech, Inc. Services (such as limiting access to any of your payment methods, and/or your ability to send money, make withdrawals, or remove financial Information).

· We may update inaccurate Information you provided us;

· We may refuse to provide Smart Family Tech, Inc. services to you in the future;

· We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;

· We may take legal action against you; and

· If you violate the Smart Family Tech, Inc. acceptable use policy, then in addition to the above actions you will be liable to Smart Family Tech, Inc. for the amount of Smart Family Tech, Inc.’s damages caused by your violation of the acceptable use policy. You acknowledge and agree that $2,500.00 USD per violation of the acceptable use policy is presently a reasonable minimum estimate of Smart Family Tech, Inc.’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to Smart Family Tech, Inc. that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. Smart Family Tech, Inc. may deduct such damages directly from any existing balance in the offending account, or any other account you control.

Smart Family Tech, Inc., in its sole discretion, reserves the right to terminate this agreement, access to its website, or access to Smart Family Tech, Inc. Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.

Disputed Transaction Holds. If a user files a dispute, claim, chargeback or reversal on a payment you received, Smart Family Tech, Inc. may place a temporary hold on the funds in your account to cover the amount of the liability.

8.4 Actions by Smart Family Tech, Inc. – Account closure, termination of service, limited account access; confidential criteria. If we close your account or terminate your use of Smart Family Tech, Inc. Services for any reason, we will provide you with notice of our actions. If we limit access to your account, including through a reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that Smart Family Tech, Inc.’s decision to take certain actions, including limiting access to your account by placing holds or imposing reserves, may be based on confidential criteria that are essential to our management of risk and the security of users’ accounts and Smart Family Tech, Inc. system. You agree that Smart Family Tech, Inc. is under no obligation to disclose the details of its risk management or its security procedures to you.

8.5 Smart Family Tech, Inc. Processing Errors – We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, we will credit your account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, we will debit the extra funds from your account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have

enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.

9.1 Contact Smart Family Tech, Inc. First. If a dispute arises between you and Smart Family Tech, Inc., our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Smart Family Tech, Inc. regarding Smart Family Tech, Inc. Services may be reported to Customer Service by emailing [email protected]

9.2 Arbitration – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

9.3 Law and Forum for Disputes – Except as otherwise agreed by the parties or as described in Section 9.2 above, you agree that any claim or dispute you may have against Smart Family Tech, Inc. must be resolved by a court located in Sacramento County, California. You agree to submit to the personal jurisdiction of the courts located within Sacramento County, California for the purpose of litigating all such claims or disputes. This agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.

9.4 Improperly Filed Litigation – All claims you bring against Smart Family Tech, Inc. must be resolved in accordance with Section 9 of this agreement. All claims filed or brought contrary to Section 9 shall be considered improperly filed and a breach of this agreement. Should you file a claim contrary to Section 9 , Smart Family Tech, Inc. may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that Smart Family Tech, Inc. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

9.5 Insolvency Proceedings – If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, Smart Family Tech, Inc. will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this agreement.

9.6 No Waiver – Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

9.7 Indemnification – You agree to defend, indemnify and hold Smart Family Tech, Inc., the officers, directors, agents, joint ventures, employees, and suppliers of Smart Family Tech, Inc. harmless from any claim or demand (including

attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this agreement and/or your use of Smart Family Tech, Inc. Services. You agree not to hold Smart Family Tech, Inc responsible, in any way, for the data entered or stored and used as a certified record for legal or court purposes. Smart Family Tech, Inc does its best to represent the data entered by each party and provide that information to the users as a method of providing an independent third-party record of such information. You agree that during this process computer or human error may occur and you will not hold Smart Family Tech, Inc responsible for such errors.

9.8 Assumption of Rights – If Smart Family Tech, Inc. pays out a claim, reversal or chargeback that you file against a recipient of your payment, you agree that Smart Family Tech, Inc. assumes your rights against the recipient and third parties related to the payment and may pursue those rights directly or on your behalf, in Smart Family Tech, Inc.’s discretion.

9.9 Release of Smart Family Tech, Inc. – If you have a dispute with one or more users, you release Smart Family Tech, Inc. (and our, officers, directors, agents, joint ventures, employees, contractors, and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive any protection available to you under California Civil Code §1542, which says: [a] general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

10.1 Limitations of Liability – IN NO EVENT SHALL WE, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, CONTRACTORS, ADVISORS, AND SUPPLIERS OF SMART FAMILY TECH, INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, PRODUCTS, SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, CONTRACTORS, ADVISORS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

10.2 No Warranty – SMART FAMILY TECH, INC. SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. SMART FAMILY TECH, INC., THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, CONTRACTORS, ADVISORS, AND SUPPLIERS OF SMART FAMILY TECH, INC. SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Smart Family Tech, Inc. does not have any control over the expenses submitted or the persons submitting or receiving payments and cannot ensure that either party will actually complete the transaction or is authorized to do so. Smart Family Tech, Inc. does not guarantee continuous, uninterrupted or secure access to any part of Smart Family Tech, Inc. Services, and operation of our site may be interfered with by numerous factors outside of our control. Smart Family Tech, Inc. will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Smart Family Tech, Inc. makes no representations or warranties regarding the amount of time needed to complete processing because Smart Family Tech, Inc. Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

10.3 Complete Agreement – This agreement, along with any applicable policies and agreements on the legal agreements page on Smart Family Tech, Inc. website, sets forth the entire understanding between you and Smart Family Tech, Inc. with respect to Smart Family Tech, Inc. Services. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

10.4 Translated Agreement – Any translation of this agreement is provided solely for your convenience and is not intended to modify the terms of this agreement. In the event of a conflict between the English version of this agreement and a version in a language other than English, the English version shall apply.

Key Definitions

“ACH” means the Automated Clearing House network.

“Account” means a Smart Family Tech, Inc. account.

“Account Profile” means the location on our website where you can, after logging in, view and manage your profile, including your personal information, payment method details, preapproved payment authorizations and your account settings including your notification preferences, contact information and API access permissions.

“Agreement” means this agreement including all subsequent amendments.

“Authorize” or “Authorization” means a payor’s or sender’s express authorization to a payee or recipient to collect a payment from the buyer’s account.

“Balance” means any money that you have in your account. The terms “money” and “funds” are used interchangeably in this agreement.

“Business Days” means Monday through Friday, excluding Holidays.

“Chargeback” means a request that a user files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.

“Check Processor” means a third-party bank or bank-affiliated entity which processes check images transmitted through Smart Family Tech, Inc. or Smart Family Tech, Inc.’s payment gateway partner.

“Claim” means a challenge to a payment that a user files directly with Smart Family Tech, I

“Confirmed Address” means an address that has been reviewed by Smart Family Tech, Inc. and found highly likely to be that of the user to which it is associated.

“Customer Service” is Smart Family Tech, Inc.’s customer support which can be accessed by sending an email to [email protected]

“Days” means calendar days.

“eCheck” means a payment funded using a sender’s bank account payment method that is held pending and not received by the recipient until it clears. When you send money using eCheck it will usually be held pending for 3-4 Business Days. The amount of time that it is held pending will increase if the payment is sent from a bank account outside the United States.

“Information” means any confidential and/or personally identifiable information or other information related to an account or user, including but not limited to the following: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.

“Instant Transfer” means a payment funded using the sender’s bank account payment method in which the recipients account is credited immediately.

“Processing Delay” means a delay between the time you authorize a payment and the day the payment

“Pooled Accounts” means Smart Family Tech, Inc.’s Users’ combined funds placed with one or more FDIC-insured banks. These Pooled Accounts will be held in Smart Family Tech, Inc. or Smart Family Tech, Inc.’s Payment Gateway Partner’s name for the benefit of its collective Users.

“Preapproved Payment” means a payment in which the recipient is provided advance authorization to debit the sender’s account directly on a one-time, regular, or sporadic basis in accordance with the recipient’s agreement with the sender. preapproved payments are sometimes called “subscriptions”, “automatic payments”, “automatic billing” or “recurring payments.”

“Preferred Payment Method” (also called “Backup Payment Method”) means a payment method that you select to fund a payment instead of using the default payment methods.

“Reserve” means a percentage of the funds received into your account that we hold in order to protect against the risk of reversals, chargebacks, claims or any other liability related to your account and/or use of Smart Family Tech, Inc. Services.

“Restricted Activities” means those activities described in Section 7(Restricted Activities) of this agreement.

“Reversal” means Smart Family Tech, Inc. reverses a payment you received because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by Smart Family Tech, Inc. or any direct or indirect Smart Family Tech, Inc. subsidiary, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a credit card that did not belong to the sender), (d) you received the payment for activities that violated this agreement, Smart Family Tech, Inc. acceptable use policy, or any other Smart Family Tech, Inc. agreement, or (e) Smart Family Tech, Inc. decided a claim against you.

“Payor” and “Person paying” are used interchangeably and means a user who is paying or reimbursing a “payee” or “merchant” for a service or purchase of good either in the past or in the future. The payor is using Smart Family Tech, Inc. and the underlying payment gateway system to send payment.

“Send Money” means your ability to send money though Smart Family Tech, Inc. Services including in connection with a purchase of goods or services or as a personal payment.

“Substantial Change” means a change to the terms of this agreement that reduces your rights or increases your responsibilities.

“Expense and Payments Details Page” means the page on the Smart Family Tech, Inc. child support manager website titled “Expense History” or “Payment History” that displays information about the transaction. This page is accessible from either the payments or expense page

“User” means any person or entity using any Smart Family Tech, Inc. Services including you.

“Verified Account” means an account status that reflects that Smart Family Tech, Inc. is reasonably sure that an account holder has legal control of one or more of his or her payment methods. This verification may take place by way of a random deposit(s) of less than one dollar ($1.00) by Smart Family Tech, Inc. to the user’s bank account. In the case of such random deposit, Smart Family Tech, Inc. will retrieve (debit) the deposited amount from the User’s bank account soon afterwards. A verified account status does not constitute an endorsement of a user or a guarantee of a user’s business practices.

“Virtual Terminal Payment” means a payment processed by Smart Family Tech, Inc. through the Virtual Terminal flows that is funded directly by a card and not through an account.