Rêv X World Wallet Account Agreement

This Account Agreement is effective as of December 20, 2024.

 IMPORTANT – PLEASE READ CAREFULLY THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. See section labeled “ARBITRATION” for more details. 

This Account Agreement is effective as of December 20, 2024. 

FUNDS IN US DOLLARS ARE HELD AT TEXAS FIRST BANK AND ARE FDIC-INSURED. FUNDS HELD IN FOREIGN CURRENCY WALLETS ARE HELD IN A CUSTODIAL ACCOUNT AT A THIRD-PARTY FINANCIAL INSTITUTION BUT NOT FDIC-INSURED AND MAY LOSE VALUE. See section labeled “FOREIGN CURRENCY WALLETS DISCLOSURES AND GUIDELINES” for more details. 

  • I. INTRODUCTION

    This document constitutes the agreement (“Agreement“) outlining the terms and conditions governing the X World Wallet Account, a multi-currency demand deposit account. This Agreement, along with any other documents we give you, governs your use of the X World Wallet Account (the “Account” or “X World Wallet”). X World Wallet is a multicurrency demand deposit account made available by Texas First Bank (“Issuer“, or “Bank“), a member of the Federal Deposit Insurance Corporation (“FDIC“). “Rêv” means Rêv USA, Inc., a subsidiary of Ouro International, Inc., which provides certain services related to your Account on behalf of us. “We“, “our”, and “us” refer to the Bank, our successors, affiliates, agents or assignees. “You” and “your” refer to the owner of the Account and anyone else with authority to Deposit, withdraw, or exercise. This Agreement is subject to applicable federal laws, the laws of the state of Texas, and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this Agreement can and does vary such rules or laws). The X World Wallet Card is issued by Texas First Bank, Member FDIC, pursuant to a license from Visa USA, Inc. Please read this carefully and retain it for future reference. By providing a written or electronic signature, activating, Depositing in, or using the X World Wallet, you agree to theterms of this Agreement. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so that the singular includes the plural and the plural includes the singular. You acknowledge and agree that the value available in your Account is limited to the funds that you have loaded into your Account or have been loaded into your Account on your behalf. The expiration date of your Physical Card is identified on the rear of the Physical Card. The expiration date of any Virtual Card you have requested is described below in the section labeled “VIRTUAL CARD.” The Card is not a credit card. The Card is not for resale. You are the direct beneficiary of the funds loaded to your Account. The funds in your Account held in US Dollars will be FDIC-insured upon receipt by the Issuer, provided your Card is registered with us (for more information, see the section labeled “ACTIVATING THE ACCOUNT (IDENTITY VERIFICATION, REGISTRATION).”FUNDS HELD IN A FOREIGN CURRENCY ARE NOT FDIC-INSURED.You will not receive any interest on your funds in your Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Account is nontransferable and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Account is not designed for business use, and may be closed if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement or applicable law. Write down your Customer Service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed.

  • II. FEE SCHEDULE

    You agree to pay all Fee Schedule Fees for the use of the Account.

    X WORLD WALLET ACCOUNT

    LIST OF ALL FEES ASSOCIATED WITH YOUR ACCOUNT

    Getting Started

    X World Wallet Monthly Fee

    $10.00 per month, assessed at the end of the Statement Cycle, waived for accounts that load $1,000 or more to their Account during the Statement Cycle.

    Add Money

    Bank Transfers

    $3.00

    Credit & Debit Card Loads

    3%; with a $3.00 minimum per load (note that your Card Issuer may restrict these transactions, and/or add additional surcharges)

    Incoming Visa Original Credit Transactions

    3%; with a $3.00 minimum per load These payments are sent directly to your Card by a third party (e.g., refunds, payouts, bank transfers, or disbursements from gaming or gig economy platforms). These transactions are processed by Visa and initiated by the sender, not by you.

    Spend Money

    Currency Conversion Fee, and Foreign Transaction Fees

    NONE

    Applicable FX Rate applies. Exchange rates are dynamic. Always remember to check the applicable rate in-app before carrying out your exchange. Refer to sections labeled “FOREIGN CURRENTWALLETS DISCLOSURES ANDGUIDELINES” and “DETERMINING THE APPLICABLE EXCHANGE RATE”.

    Cash Withdrawals

    ATM withdrawals (domestic & international)

    $3.00 (The ATM operator may charge a separate fee.)

    Other

    Bank Transfer

    $3.00 per debit or credit transaction

    Money Transfer Service Fee

    $3.00 per transaction

    Per any outgoing money transfer from your Account initiated through a third- party service such as Venmo, Cash App, PayPal or other similar money transfer services. The service provider may also charge additional fees.

    Insufficient Funds, Overdraft, and/or Recovery Fees

    NONE

    We, however, reserve the right to recover any and all of our losses and expenses resulting from fraudulent or your unauthorized use of the Account. See section labeled “FRAUDULENT OR CRIMINAL ACCOUNT ACTIVITY” for more information.

    Stop Payment Request

    $10.00

    Redemptions

    $10.00

    Initial & Replacement Metal Card Order (requires sufficient available balance)

    $50.00

  • III. DEFINITIONS

    The following terms have these meanings wherever they are used in this Agreement.

    • Account Centermeans the section of the Website or Mobile App where you may activate your X World Wallet Account or Card, log in and manage the various features of your Account.
    • Account Numbermeans the number used to identify your Account and may be used to originate ACH transactions and direct Deposits.
    • Applicable Exchange Ratemeans the exchange rate that applies to any transaction in which Rêv or the Card Network perform a conversion of currencies, including Deposits, transfers between Currency Wallets, purchases and ATM withdrawals. This exchange rate includes a margin and varies depending on the type and time of the transaction.
    • ATMmeans an automated teller machine that accepts cards with the Card Network brand for cash withdrawals.
    • Auto Wallet Transfermeans an automatic transfer to cover a transaction or fee due to insufficient funds in a Currency Wallet. See the section labeled “TRANFERRING FUNDS BETWEEN WALLETS” for more details.
    • Available Balanceis the amount of funds in your Account available for withdrawal and authorizing transactions, which may be different than your actual balance. The Available Balance is reduced by 1) the amount of pending transactions, such as a point-of-sale transaction; 2) funds on hold in accordance with our funds availability policy; 3) our receipt of notice that a transaction will be presented or returned; and4) our receipt of legal process relating to your Account.
    • Business Day(s)means Monday through Friday, excluding public holidays observed by Issuer. Anyreferences to “days” found in this Agreement are calendar days unless indicated otherwise.
    • Cardmeans the X World Wallet Visa Card issued to you by Texas First Bank, Member FDIC. The Card (a) serves as a means of payment with retailers that accept the payment network of your Card and (b) allows you to withdraw cash at financial institutions or ATMs that accept the payment network of your Card. The Card may be a Physical Card, or a Virtual Card.
    • Cardholdermeans the physical person to whom a Card is issued as provided for in the section labeled “AUTHORIZED USERS.”
    • Card Network” means Visa U.S.A. Inc./p>
    • Card Numbermeans the 16-digit number embossed on your Physical Card or assigned to your Virtual Cards.
    • Claimmeans any claim, dispute, or controversy related to or arising from the use of an Account.
    • Communication(s)means disclosures, notices, agreements, Fee Schedules, statements, records, documents, and other information We provide to You, and as further defined in the X World Wallet Account Electronic Communications Agreement.
    • Credentialsmeans any or all of the following information, including but not limited to the PIN, Account Center username and password, security questions and answers, or biometric login.
    • Currency Ordermeans the sequential order of your Currency Wallets that will be utilized to process transactions or Fees when you have more than one currency Deposited in your Account and an individual Currency Wallet does not have sufficient funds.
    • Currency Wallet / Walletmeans the portion of your Account that holds funds in a denominated currency.
    • Customer Service(s)”meanssupport@xworldwallet.comor 1-915-900-7389.
    • Deposit / Depositing” means to add money to the Account./p>
    • Deposit Mechanism(s)means any method which We may make available for You to Deposit funds to your Account.
    • Fee(s)means any charge that may be applied to your Account pursuant to this Agreement or any other agreement governing your use of the Account.
    • Fee Schedulemeans the schedule of Fees outlined in the section labeled “LIST OF ALL FEES ASSOCIATEDWITH YOUR ACCOUNT.”
    • Foreign Currency Walletmeans a Currency Wallet that holds funds in a currency other than US Dollar.
    • Home Currency Walletmeans the primary Currency Wallet of your Account, which holds US Dollars.
    • Limit(s)means the monetary limits that apply to the usage of the Account and Card which (a) areidentified in the section labeled “LIMITS” or (b) are included in the Account Center for certain features.
    • Mobile Appmeans a software application that runs on a smartphone, tablet or other portable device. This application allows you to obtain access to the Account Center. Not all of the functionality or features of the Website may be available on the Mobile App.
    • Non-Wallet Currencymeans a currency that is not one of the Currency Wallet currencies. For clarity, you can use your Card to pay in Non-Wallet Currencies, but you will not have the ability to hold funds in Non-Wallet Currencies.
    • Personal Identification Number (PIN)means a four (4) digit personal identification number that you set and which must be used to undertake certain Transactions and inquiries using your Card or the Account.
    • Physical Cardmeans the physical debit Card that is linked to your Account and is issued to you upon your completion of the registration requirements.
    • Statement Cyclemeans the monthly anniversary of when you made your initial Deposit to your Account(each such month a “Statement Cycle”).
    • Transaction Activity” meansthe following subset of transactions: any purchase transaction, Deposit, ATM transaction, ATM balance inquiry, account to Deposit transfer, or a transfer of funds between Currency Wallets initiated by the Cardholder through the Mobile App or Website (as opposed to an Auto Wallet Transfer). Debit or credit activity initiated by us, including the assessment of Fees or currency transactions to enable the collection of such Fees do not constitute Transaction Activity.
    • Virtual Cardmeans a non-physical debit Card that can be viewed on the Account Center and contains a 16-digit prepaid card number, an expiration date; and a CVV2 Number that are different from those of your Physical Card.
    • Website“meanswww.xworldwallet.comand any additional or replacement website we notify to you as the website for the purposes of these Terms and Conditions from time to time.
  • IV. THE X WORLD WALLET ACCOUNT AND PHYSICAL CARD

    The X World Wallet Account constitutes a multicurrency online demand deposit account that enables you to make payments and transfers to third parties, via the Physical Card that is issued with the Account or via your Account Center. The Account has the following characteristics:

    • funds in your Account do not receive any interest;
    • the Account is checkless and you may not issue checks;
    • the Account is designed for personal use, not for business use;
    • this is an individual Account and cannot be owned or titled (i) jointly, (ii) by an organization, (iii) as “Payable on Death,” or (iv) as “In Trust For”;
    • the Account or the Card cannot be resold and is not transferable;
    • you may not request an additional Card for another person;
    • the Account may not be used in violation of the law or for any illicit purpose;
    • subject to applicable law, the Account, Card and/or this Agreement may be canceled, suspended, repossessed or revoked by us at any time without prior notice; andYou are the sole authorized user of the Account and the Card. You are responsible for all authorized transactions initiated and Fees incurred by use of your Account and Card. If you allow another person to access or use your Card or Credentials, such use will be deemed as authorized by you and, therefore, you will be liable for all transactions and Fees incurred by such person.You acknowledge and agree that your spending on the Account and Card is limited to your Available Balance in your Account and that you are not permitted to overdraw the Account. If the Available Balance in your Account is not sufficient to cover any payment or withdrawal from your Account, we can refuse to process the transaction.If we believe you are violating the terms of this Agreement, we may suspend or close your Account or refuse to process a transaction. Further, you will be liable for our costs, as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Account including, but not limited to, disputes between you and any third party claiming any interest in or to your Account or the funds therein; or any action that you or a third party takes regarding the Account that causes us to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Account when they are incurred, without notice to you.
  • V. ACTIVATING THE ACCOUNT (IDENTITY VERIFICATION, REGISTRATION)

    You may activate your Account by following the directions in the X World Wallet mobile app or Website (www.xworldwallet.com). Registration and identity verification are required before you can use the Account. Use of Account is also subject to fraud prevention restrictions at any time, with or without notice. Important information about the personal information you need to provide to activate your Account or Card:To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. When you activate your Account or Card with us, we will ask you for certain information, including, but not limited to, your name, address, date of birth, Social Security Number, or ITIN, phone number, and other information that will allow us to identify you. In addition, to activate or continue to service your Account or Card we may from time to time request that you respond to security questions or require that you provide us other identifying information and documentation, such as your driver’s license, other identifying documents, proof of address, or source of income. If you fail to provide the information we request, we may close or suspend your Account or Card.By activating and using the Account or Card, you represent and warrant to us that:

    • you have reached the age of majority in your state (18 years old or older if the age of majority in the state where you live is higher);
    • you are a United States citizen or legal resident of any state of the United States, or the District of Columbia;
    • all of the personal information, including your address (which cannot be a P.O. Box), email and cell phone number you have provided to activate or maintain your Account or Card is fully true and complete, and that you will immediately notify us of any change to such information;
    • you agree to accept electronic Communications, including statements and any tax forms which may apply to your Account, and that you will maintain updated your email address and cell phone number for the provision of Communications;
    • we may use information from third parties to help us determine if we should open your Account;
    • you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to us or our service provider(s) for the duration of your business relationship, to help us identify you or your wireless device and to prevent fraud. See our Privacy Policy for information about how we treat your data;
    • you are legally authorized to use the debit or credit card or bank account used to Deposit funds into the Account;
    • to the extent that any Deposit comes from an account controlled or owned by a third party, such as a direct Deposit from an employer paying your salary, such Deposit constitutes a valid and legitimate payment due to you;
    • you received a copy of this Agreement and agree to it; and
    • you accept the Account and the Card.After your Account is opened, we may again ask to see a copy of your driver’s license or other identifying documents at any time if we deem it necessary to verify your identity, address, or transactions on your Account. You agree to notify us immediately, and no later than fifteen (15) days, if you change your name, address, phone number, email address. You may perform these changes by contacting Customer Service. We further may require additional information and verification prior to updating your information. Additionally, use of certain Account features or services may be subject to additional identity verification requirements. These measures are specifically designed tohelp us protect your identity and identify possible fraud on your Account. If we ask for specific identifying documents, we will have the right to immediately close or suspend your Account if those specific documents are not provided.
  • VI. PERSONALIZED CARDS

    Once you activate and load the Account with at least $25, you qualify to receive a Card with your name printed on the front (a “Personalized Card”). You may request your initial plastic Personalized Card (“Plastic Card”) for no fee by calling +1-915-900-7389. At any time, you may elect to upgrade your Physical Card to a metal Card (the “Metal Card”). You can connect your Physical Card to a third-party digital wallet. You must activate and register a Card before it can be used (see the section labeled “ACTIVATING THE ACCOUNT (IDENTITY VERIFICATION, REGISTRATION).” Please sign the back of the Card and activate it using the instructions provided. There may be a fee for an upgrade, or replacement Card requested. Additional or replacement Cards are always personalized. See the section labeled “FEE SCHEDULE” for more information about the fees.

  • VII. PERSONAL IDENTIFICATION NUMBER

    You must set a PIN when you activate your Card. A PIN can be used to obtain cash or to make purchases at any Point- of-Sale (“POS”) device that bears the Visa®, Plus®, or MAESTRO® acceptance mark. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately by following the procedures described in the section labeled “YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS.” Cash Access:With your PIN, and upon successful registration, you may use your Card to obtain cash from any ATM or any POS device, as permissible by a Merchant, bearing the Visa, Plus, or MAESTRO acceptance mark. ATM transactions are treated as cash withdrawal transactions. Any cash withdrawn from an ATM terminal, POS device, or through a participating bank will be subject to the limitations set forth in the section labeled “LIMITS.” ATM withdrawals may also be subject to varying daily limits at the ATM owner’s discretion. A fee may be associated with the use of your Card to obtain cash. See the section labeled “FEE SCHEDULE” for more information about the fee.

  • VIII. CURRENCY WALLETS

    Your Account consists of 5 Currency Wallets: specifically, a Home Currency Wallet to hold US Dollars (“USD“) and 4 Foreign Currency Wallets to hold Canadian Dollars (“CAD“), Euros (“EUR“), British Pound Sterling (“GPB“), and Mexican Pesos (“MXN“), respectively.

  • IX. FOREIGN CURRENCY WALLETS DISCLOSURES AND GUIDELINES

    BECAUSE YOUR FOREIGN CURRENCIES ARE HELD OUTSIDE OF THE UNITED STATES, FUNDS HELD IN FOREIGN CURRENCY ARE NOT FDIC-INSURED AND MAY LOSE VALUE. PURCHASING OR OWNING FOREIGN CURRENCIES IN YOUR FOREIGN CURRENCY WALLETS INVOLVES RISKS AND YOU CAN LOSE SOME OR ALL OF THE VALUE IN RELATION TO THE U.S. DOLLAR. YOU SHOULD CONSIDER THESE RISKS BEFORE LOADING ANY FOREIGN CURRENCY WALLET. CONSULT YOUR LEGAL, TAX, OR INVESTMENT ADVISORS REGARDING THE RISKS OF HOLDING FUNDS IN FOREIGN CURRENCY WALLETS. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION THAT YOU MAKE TO (A) LOAD OR HOLD FUNDS IN A FOREIGN CURRENCY WALLET, OR (B) MAKE ANY TRANSACTION INVOLVING CURRENCY EXCHANGE. WE DO NOT PROVIDE LEGAL, TAX, FINANCIAL, OR INVESTMENT ADVICE OR OPINIONS ON ADVANTAGES, DISADVANTAGES OR RISKS OF (A) EXCHANGING ANY FOREIGN CURRENCY, OR (B) LOADING OR HOLDING FOREIGN CURRENCY TO YOUR FOREIGN CURRENCY WALLETS. YOU SHOULD NOT CONSTRUE ANY STATEMENT BY ANY OF OUR EMPLOYEES OR AGENTS, INCLUDING ANY MEMBER OF OUR CUSTOMER SERVICE STAFF, TO CONSTITUTE LEGAL, TAX, FINANCIAL OR INVESTMENT ADVICE ABOUT ANY FOREIGN CURRENCY OR RELATED TRANSACTION. THE U.S. DOLLAR VALUE OF FUNDS HELD IN YOUR FOREIGN CURRENCY WALLETS MAY NOT BE WORTH AS MUCH AS THE VALUE OF YOUR ORIGINAL DEPOSIT.

  • X.DEPOSITS TO YOUR ACCOUNT

    The funds Deposited to the Account must be paid in US Dollars. Deposits will be credited to your Home Currency Wallet from which you may subsequently transfer funds to any of the Foreign Currency Wallets. You may Deposit funds to your Account at any time after verification of your identity by using any of these Deposit Mechanisms:

    • By Direct Deposit: You may set up direct Deposits to your Account by providing the payment provider — such as your employer, the U.S. Department of Treasury, or any third-party payer— with the bank routing and your Account Number that appear in your Account Center under Load > Direct Deposit. IMPORTANT: We may reject or suspend any ACH Deposit that is submitted with a name that does not match the name that we have on file for you. If your Account Number changes you must immediately notify your employer or any other payors and provide them with the new Account Number to ensure that your direct Deposit activity continues uninterrupted.
    • By Bank transfer: You may perform a transfer of funds to your Account from any other financial institution that provides the Automated Clearing House System (ACH). To do so you will need to provide the Issuer’s bank routing number and your Account Number to such other financial institution, all of which appear in your Account Center under Load > Send From Bank.
    • By Debit or credit card Deposit: You may use a debit or credit card to Deposit funds into the Account. You are solely responsible for ensuring that your payment instructions (including the payment card information and expiration date) is current and accurate at all times. You can update this information within the Account Center under Load > Link Debit/Credit Card.
    • To the extent we are required to reverse any Deposit previously authorized by you because the amount Deposited cannot be processed or is later charged back or reversed by the issuer of the card, you agree to reimburse us for any Deposit amounts which you have used or withdrawn and any losses we may have incurred to the extent such amount is subject to charge back or reversal.We may make new Deposit Mechanisms available from time to time. The Account Center may contain more information and instructions regarding each Deposit Mechanism. Each Deposit Mechanism may be subject to Fees (see the section labeled “FEE SCHEDULE”) and Limits (see the section labeled “LIMITS”).We DO NOT accept cash or paper check deposits. Please DO NOT:
    • send us cash via mail or attempt to make any deposit in cash in any location; OR
    • send us checks of any type, whether personal, money orders, or cashier’s checksWe will not accept any checks, money orders, or cash mailed to us for deposit, or any inbound wire transfers to your Account Number. We are not liable for any checks, money orders, or cash mailed to us. All checks, money orders, or cash sent to the Issuer for Account value loading will be returned unless your Account has a negative balance at the time such check or money order is received, in which case the Issuer may in its discretion choose to apply the check or money order proceeds to the negative balance owed.From time to time, the Deposit Mechanisms may be unavailable or delayed due to risk-based restrictions, maintenance, changes to our services, unforeseen circumstances, or outages. We will use our best efforts to give you reasonable notice if we change your Deposit Mechanisms.If we are required for any reason to reimburse the federal or state government for all or any portion of a benefit payment or tax refund that was directly Deposited into your Account, you authorize us to deduct the amount of our liability to the federal or state government from the Account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
  • XI. YOUR AVAILABLE BALANCE

    You may check your Available Balance at any time in the Account Center, where you can view the funds held in each of the Currency Wallets. The Available Balance for each Foreign Currency Wallet will be displayed in such currency, not in US Dollars. Spending on the Account is limited to your Available Balance. You are not allowed to exceed your Available Balance or to create a negative balance through an individual transaction or a series of transactions. If your Available Balance is not sufficient to pay for any transaction, we may, at our discretion, decline or reject the transaction. If you have a negative balance, you must immediately load funds to satisfy any negative balance. Maintaining a negative balance constitutes a breach of this Agreement which may result in the suspension, closure or termination of your Account, at our sole discretion, as well as civil or criminal liability for damages or losses incurred by us. For the purpose of correcting a negative balance, rectifying an error or overpayment, or for collecting on any liability, direct or contingent, past, present or future that you owe against any Account, you: (i) grant us a lien on and security interest in any funds you have in any account with us, and (ii) authorize us to deduct funds from any account you may have with us. If we exercise any right of set-off, we will notify you. You have no right to defer payment of the liability for any negative balance, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft.

  • XII. TRANSACTING WITH YOUR ACCOUNT AND CARD

    Subject to the terms and conditions of this Agreement and the sufficiency of your Available Balance to cover any transaction, you can use the Card everywhere that Visa debit is accepted to: (a) pay for goods and services, and (b) withdraw cash at an ATM or another financial institution. ONCE YOU AUTHORIZE A DEBIT OR CREDIT CARD DEPOSIT TO YOUR X WORLD WALLET ACCOUNT IT IS CONSIDERED FINAL AND CANNOT BE REVERSED. All of your Cards, whether a Physical Card, or Virtual Card, draw from the same Available Balance in your Account. You may use your Virtual Card to make online, mail or telephone purchases with merchants that accept Card Network debit cards without sharing details of your Physical Card. Your Account enables you to have one (1) Virtual Card at a time. We, however, reserve the right to limit the maximum Virtual Cards over the lifetime of the Account in order to prevent the abuse of our systems, mitigate fraud, or decrease the risk profile of the Account. The Account and Card(s) are valid until the earliest of: (a) the expiry date shown on your Card; or (b) the closure of the Account either at your request or by us pursuant to this Agreement. If the Available Balance is not sufficient to cover the transaction amount, including Fees and foreign currency conversion rates, you may instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another form of payment (“split transaction”). Some merchants do not allow split transactions. In the past, transactions have been processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit transaction or as a MAESTRO transaction. Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that, should you choose to use the MAESTRO network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable ONLY to Visa debit transactions as described in this Agreement will NOT apply to transactions processed on the MAESTRO network. Please refer to the section labeled “YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS” for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions. To initiate a Visa debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide your Card number for a mail order, telephone, or internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or internet purchases. If you use your Card to pay at the pump at an automated fuel dispenser, the merchant may pre-authorize for an amount of $100.00 or more. If such pre-authorization amount exceeds your Available Balance, your Card may be declined. In this case, you can pay for your purchase with the cashier (for an amount not to exceed your Available Balance). Similarly, some merchants (such as hotels, rental cars, restaurants, cruise ships) may obtain a pre- authorization on your Card for an amount up to 20% or more than the total purchase price (or anticipated purchase price) to cover additional items such as tips and incidentals or to ensure that adequate funds are available to cover the final purchase.The entire amount of the pre-authorization will be debited and will not form part of the Available Balance until the authorization clears.Further, although you may have sufficient Available Balance to cover the total purchase price, the transaction may be declined because the amount sought to be pre-authorized exceeds such total purchase price and your Available Balance. The amount by which the pre-authorization or approval exceeded the final purchase amount will be added back to the Available Balance when the final transaction clears; in some cases, this could take between thirty (30) and ninety (90) days to occur, especially if the merchant processes the pre-authorization and the final purchase as separate transactions. We will have no liability to you if (a) we decline any Card transaction because such a pre-authorization hold is in place, or (b) any merchant delays or fails to complete the final processing of any Card transaction. If you use your Card details to make a mail order, telephone, or internet purchase, the legal effect will be the same as if you had used the Card itself. Each time you use your Account or Card, you authorize us to reduce your Available Balance by the amount of the transaction plus applicable Fees and any Applicable Exchange Rate. You do not have the right to stop payment on any transaction after you approve the Card transaction and the transaction is accepted by the payment system. 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. If your Available Balance is not sufficient to pay for any transaction, we may, at our discretion, decline or reject the transaction. If you have a negative balance, you must immediately load funds to satisfy any negative balance. Maintaining a negative balance constitutes a breach of this Agreement which may result in the suspension, closure or termination of your Account, at Issuer’s sole discretion, as well as civil or criminal liability for damages or losses incurred by the Issuer. We may continue to honor your transactions and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge.

  • XIII. TRANFERRING FUNDS BETWEEN WALLETS

    Upon loading your Account with funds, funds may be transferred between Currency Wallets in the following situations.

    • You actively perform transfers between Currency Wallets via the Account Center: the Account Center will display the Applicable Exchange Rate quote prior to initiating the funds transfer between your Currency Wallets. The quote will be valid for a limited time that is displayed to you. If you accept the quote, we will immediately debit the origination Currency Wallet and credit the destination Currency Wallet using the Applicable Exchange Rate presented; or
    • The system makes an Auto Wallet Transfer between Currency Wallets because you do not have sufficient funds in a Currency Wallet to pay for a transaction or a Fee; or
    • You make a transaction in a Non-Wallet Currency: the Applicable Exchange Rate shall apply to convert the Non-Wallet Currency to the Home Currency Wallet (USD) (or other Currency Wallets in accordance to the Currency Order)The Applicable Exchange Rate varies from time to time. To the extent possible, the Applicable Exchange Rate is determined at the time that the transaction posts to the Account, but in some instances the Applicable Exchange Rate is set at the time the transaction settles. You may always view the Applicable Exchange Rate used in any transaction in the Account history section of the Account Center.When you make a transaction in a currency of a Currency Wallet:
    • If you have sufficient funds in the Currency Wallet of the transaction currency, we will first debit funds from such Currency Wallet;
    • If there are no funds or insufficient funds in the Currency Wallet of the transaction currency, your Card will debit funds from the next Currency Wallets listed in your Currency Order;
    • The full transaction may be funded from multiple Currency Wallets;
    • Each time funds are transferred from one Currency Wallet to another, an Auto Wallet Transfer will occur and the Applicable Exchange Rate will apply.When using your Card to make a transaction in a Non-Wallet Currency, the following applies:
    • If you have sufficient USD funds in the Home Currency Wallet, we will first debit funds from it and the Applicable Exchange Rate will apply;
    • If there are no funds or insufficient funds in your Home Currency Wallet, we will debit funds from the next Currency Wallets nominated in your Currency Order.
    • We will continue to debit each Currency Wallet using your Currency Order until the transaction value is met in the equivalent value of US Dollars.
    • The full transaction value may be funded from multiple Currency Wallets.
    • Each time funds are transferred from one Currency Wallet to another, an Auto Wallet Transfer will occur and the exchange rate used will be the Applicable Exchange Rate.Where there are insufficient funds across all Currency Wallets to process the transaction, the transaction will be declined (unless the transaction is a purchase and the merchant allows a split transaction).The default Currency Order will always start with your Home Currency Wallet (USD). You may change the Currency Order at any time. If you have not chosen a specific Currency Order, the system shall automatically order the Currency Wallets on your behalf in order to authorize a transaction.If you withdraw funds from an ATM that dispenses a currency other than that of the country where the ATM is located, the ATM operator may convert the amount being withdrawn into their local currency before converting itback to the currency being dispensed. This may occur even when the currency being dispensed is the same as that of your Card. The amount debited from your Card may be greater than the amount which is dispensed by the ATM. Not all ATM operators advise of the amount to be debited from your Card before you withdraw money from their ATM.
  • XIV. DETERMINING THE APPLICABLE EXCHANGE RATE

    Here’s how the Applicable Exchange Rate is determined:

    • We will determine the Applicable Exchange Rate each time you ask us to enter into a currency exchange transaction.
    • The Applicable Exchange Rate varies and is based on the rate we select from one or more foreign exchange providers at the applicable processing date and time. This Applicable Exchange Rate may be different from the rate we ourselves receive or the government-mandated rate in effect.
    • When we determine your Applicable Exchange Rate depends on what type of currency exchange transaction you are requesting and when we receive your request.
    • The specific Applicable Exchange Rate that you receive for any currency exchange is not published in any newspaper, website or other publicly available source. Third parties may publish indicative rates or “spot rates” for currencies, but these published spot rates may change frequently and usually reflect rates for large volume transactions conducted by institutional investors at a specific point in time. Also, these published rates do not necessarily reflect transaction costs and do not accurately reflect exchange rates actually available to you or us at any point in time for any of your currency exchanges.
    • For each transaction in which you actively initiate a Wallet to Wallet foreign exchange conversion, you will be able to view and approve the Applicable Exchange Rate prior to executing the transaction.
    • For each transaction in which an Auto Wallet Transfer occurs, the Applicable Exchange Rate will be listed in the Account history and applicable statement.
  • XV. DEDUCTION OF FEES

    All of the fees associated with your Account are listed in the section labeled as “FEE SCHEDULE.” All fee amounts will be withdrawn from your Account, except where prohibited by law. NOTE: Fees assessed to your Account balance may bring your Account balance negative. Any time your Account balance is less than the fee amount being assessed on your Account or your Account balance is already negative, the assessment of the fee will result in a negative balance on your Account or increase the negative balance on your Account, as applicable. If that occurs, any subsequent deposits or loads into your Account will first be applied to the negative balance. We will deduct all Fees from your Available Balance at the time of the relevant activity in the following manner: We will deduct Fees first from your Home Currency Wallet, but if such Wallet does not have sufficient funds to cover the entirety of the Fee, we will deduct the remaining Fee amount from the other Currency Wallets in the Currency Order. The Applicable Exchange Rate will apply for any conversions. PLEASE NOTE THAT SOME FINANCIAL INSTITUTIONS, RETAILERS OR ATM OPERATORS MAY CHARGE ADDITIONAL FEES OR CHARGES FOR CASH WITHDRAWALS OR OTHER ACTIVITIES, SUCH AS BALANCE INQUIRY, OR CURRENCY CONVERSIONS. WE DO NOT CONTROL THESE FEES, NOR DO WE RECEIVE ANY PORTION OF THEM. THESE THIRD- PARTY FEES ARE NOT INCLUDED IN THE FEE SCHEDULE.

  • XVI. ADDRESS OR NAME CHANGES

    You are responsible for notifying us of any change in your name, physical address, mailing address, email address, phone number, or short message service (“Anytime Alerts“) address (typically referred to as an “SMS” message; standard text message and data rates may apply), no later than two (2) weeks after said change. Any notice of change of address or name required by this Agreement may be provided to us via email atsupport@xworldwallet.comor by telephone at 1-915-900-7389. Requests for address or name changes may be subject to additional verification requirements. We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you. We cannot accept responsibility for any email messages not received by you or for any delay in the receipt or delivery of any email notifications. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account information to such individual.

  • XVII. AUTHORIZED USERS

    You are responsible for all authorized transactions initiated and fees incurred by use of your Account. If you permit another person to have access to your Account, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You must not share or provide your Account details to any person. You are wholly responsible for the use of the Account according to the terms and conditions of this Agreement.

  • XVIII. LIMITS

    Use of the Account and Card is subject to certain Limits. Limits are calculated based on the USD equivalent balance across all Currency Wallets in your Account.

    Daily Cash Deposits

    $0, this Account is not eligible for cash Deposits.

    Maximum Daily Deposit Amount

    $10,000

    Daily Limit for all ATM Transactions

    $2,500

    Daily Limit for POS Debit Transactions

    $10,000

    Minimum Debit/Credit Card Load Transaction

    $25

    Debit/Credit Card Daily Load Limits

    $2,500

    Daily P2P Limits for sending

    $1,000

    Monthly P2P Limits for sending and receiving (senders and recipients of P2P must BOTH have an activated Account)

    $10,000

    Additional Cards, including Card replacements and supplementary Cards

    Your Account enables you to have up to four (4) Physical Cards, and one (1) Virtual Card at a time. We reserve the right to limit the maximum Virtual Cards over the lifetime of the Account in order to prevent the abuse of our systems, mitigate fraud, or decrease the risk profile of the Account.

    Note: All amounts are shown in USD. ATM and POS device owner-operators, third party issuers of debit and credit cards, merchants, participating banks and Card Networks may impose their own fees and lower limits on transactions, including cash withdrawals. In certain circumstances, we may increase these Limits with notice to you. You may be eligible for higher transfer Limits based on Account spending history, at our discretion. You can contact Customer Services by calling us at 1- 915-900-7389 or emailing us atsupport@xworldwallet.comto learn what Limits apply to you. In addition to the Limits in the table above, we may apply other restrictions (such as velocity, transaction, jurisdiction/geography, and MCC limits) to comply with applicable law or reduce money laundering, terrorism financing or fraud risks. Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this Account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful internet gambling. We may increase or reduce these Limits and restrictions, or establish new ones, at any time. If you would like us to adjust your Limits or restrictions, we may request additional identity verification and source of income information in order to make such determination. Certain Account features, such as Deposit Mechanisms, may be subject to Limits which will be communicated in the Account Center or imposed by third-party service providers.

  • XIX. VIRTUAL CARD

    To purchase or lease goods or services or make payments by telephone or online without needing to provide your actual Card Number, the Cardholder may make up to ten (10) active Virtual Card requests. You can only have one (1) Virtual Card active at a time. Visit the online account center atwww.xworldwallet.com(“OAC”) or mobile app for instructions on how to request or use a Virtual Card. Each Virtual Card consists of a 16-digit card number, a 3- digit security code, and an expiration date. Each Virtual Card expires one year from the last day of the calendar month during which the Virtual Card was created. For example, if a Virtual Card is created on March 24, 2024, its expiration date is March 31, 2025. You can connect your Virtual Card to a third-party digital wallet.

  • XX. PREAUTHORIZED DEBITS AND CREDITS

    Your assigned Account Number and the Issuer’s bank routing number can be used for arranging both direct deposits and recurring payments to merchants and internet service or other utility providers (“Merchants“). If you have arranged to have ACH credits or debits made to your Account at least once every sixty (60) days from the same person or company, you can call us at +1-915-900-7389 to find out whether or not the credit or debit has been made. Right to Stop Payment and Procedure for Doing So: If you have arranged in advance to make regular payments from your Account, you can stop any of these payments. Here’s how: Call us at +1-915-900-7389 or write us at Rêv USA, Inc., P.O. Box 2136, Austin, TX 78768-2136, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. An oral stop payment request will cancel after fourteen (14) days if a written request is not received. You may contact the Merchant directly to request to stop a recurring payment you have preauthorized to debit your Account. Notice of Varying Amounts: If these regular payments vary in amount, the person you are paying should tell you, at least 10 days before each payment, when it will be made and how much it will be. Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop one of thesepayments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

  • XXI. FRAUDULENT OR CRIMINAL ACCOUNT ACTIVITY

    We reserve the right to block, suspend, or cancel your Account if, as a result of our policies and processes, we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity that is inconsistent with this Agreement. We may temporarily suspend your Account in the event we detect unusual or suspicious account activity. If we exercise this right, we will incur no liability to you because of any resulting unavailability of the funds in your Account, or your inability to use your Account.

  • XXII. RETURNS AND REFUNDS

    If you are entitled to a refund for any reason for goods or services obtained with your Account, you agree to accept credits to your Account for such refunds and agree to the refund policy of that merchant. If you have a problem with a purchase that you made with your Account, or if you have a dispute with the merchant, you must attempt to handle it directly with the merchant. merchant refunds in an amount the same or less than the amount of the corresponding debit will post to the Account when they are received. We have no control over when a merchant sends a refund transaction; there may be a delay between the date of the refund transaction and the date the refund amount is credited to your Account. Neither Issuer nor Rêv accept liability for the quality, nature, delivery, or other aspects of the goods or services bought with the Account or Card. We will not be obliged to enter into any dispute arising between You and a retailer or a bank and, moreover, a dispute with a retailer or a bank does not absolve you of complying with regulations governing the use of the Account and this Agreement. If for any reason you are entitled to a refund from a merchant or payment recipient who provided any goods or services, you agree to accept the corresponding credit to your Account and agree to the merchant’s refund policy.

  • XXIII. NOTICES

    By activating your Account and using the Card, you hereby consent and agree to receive Communications we provide to you, or that you sign or submit or agree to at our request. You hereby acknowledge that as part of your relationship with us we may deliver all Account information to you electronically in a variety of ways, including via the Account Center, e-mail or SMS text messages. Accordingly, it is your responsibility to keep your email address and telephone number current with us and to ensure you have access to relevant hardware and software to receive these Communications. Any Communication will be provided to you in English. Please review the X World Wallet Electronic Communications Agreement for additional information related to your Communications rights, obligations and requirements concerning your X World Wallet Account and all related or ancillary services provided by Rêv or Texas First Bank.

  • XXIV. ACCOUNT BALANCE/PERIODIC STATEMENTS

    You are responsible for keeping track of the available balance of your Account. It’s important to know your available balance before making any transaction. We encourage you to obtain and retain all your receipts to verify your transactions with the Account and Card and to carefully check the Transaction Activity on your Account at least once a month. You can view your transaction history and access electronic statements in the Account Center. The Account history contains a list of all your transactions during at least 24 months. We will not automatically send you any paper statement.

  • XXV. CONFIDENTIALITY

    We may disclose information to third parties about your Account or the transactions you make: 1) where it is necessary for completing transactions; 2) in order to verify the existence and condition of your Account for a third party, such as a Merchant; 3) in order to comply with government agency or court orders 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; or 6) as otherwise necessary to fulfill our obligations under this Agreement.

  • XXVI. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

    If we do not properly complete a transaction to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: 1) if, through no fault of ours, you do not have enough funds available in your Account to complete the transaction; 2) if a merchant refuses to accept your Card or access device; 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 Account has been blocked after you reported your Card or access device 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 communications failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; 9) if we block, suspend, or close your Account as a result of our reasonable suspicion of fraudulent, suspicious, or criminal activity or activity that is inconsistent with this Agreement; 10) if we have requested documents to verify your identity, address, or transactions on your Account, and you have not provided all such requested documents; or 11) any other exception stated in our Agreement with you.

  • XXVII. INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS

    In Case of Errors or Questions About Your Electronic Transfers Telephone us at +1-915-900-7389, write us at Rêv USA, Inc., P.O. Box 2136, Austin, TX 78768-2136, or email us atsupport@xworldwallet.comas soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You will need to tell us:

    • Your name and account number;
    • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.;
    • Tell us the dollar amount of the suspected error.

    If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days 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 credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  • XXVIII. LOST OR STOLEN CARDS, UNAUTHORIZED TRANSFERS

    Contact us AT ONCE if you believe your Account, or any associated access device, has been lost or stolen or that an electronic funds transfer has been made without your permission. Telephoning us at +1-915-900-7389 is the best way to minimize your possible losses. You could lose all the money in your Account. Your Liability for Unauthorized Transfers:If you notify us within two (2) business days after you learn of the loss or theft of your Account or any associated access device, you can lose no more than $50.00 if someone used your Account or any associated access device without your permission. If you do NOT notify us within two (2) business days after you learn of the loss or theft of your Account or any associated access device and we can prove that we could have stopped someone from using your Account or any associated access device without your permission if you had promptly notified us, you could lose as much as $500.00. If your Card or PIN has been lost or stolen, we will cancel your Card and issue you a new Card.If your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, 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 reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. Under Visa’s Zero Liability Policy, your liability for unauthorized Visa debit transactions on your Account is $0.00 if you are not fraudulent or negligent in the handling of your Card. This reduced liability does not apply to un- Registered Cards or PIN transactions not processed by Visa. You must notify us immediately of any unauthorized use.

  • XXIX. ACCOUNT CLOSURE, SUSPENSION, AMENDMENT, AND CANCELLATION

    You may close your Account at any time by contacting Customer Service. Your closure of the Account will not affect any of our rights or your obligations arising under these Terms and Conditions prior to termination. Following receipt of your notice to close your Account, we will cancel your Cards and will allow ten (10) Business Days for any outstanding Transaction Activity to be processed prior to returning the funds in your Account. Once all Transaction Activity has been processed and applicable Fees have been deducted from the Available Balance of the Account, any Available Balance held in Foreign Currency Wallets will be converted to USD at the Applicable Exchange Rate. Upon termination of the Agreement or Account closure for any reason, to the extent we are not prevented by law or any legal or administrative procedure, you may request that we return the remaining funds in your Account. For security purposes, prior to issuing the refund, we may require that you verify your identity, address and other information relating to the account where funds will be Deposited. The time frame for processing and delivery of any refund may take up to thirty (30) days after you provide the required information. Refunds may be subject to a Fee for either bank transfer or check issuance. Please consult the Fee Schedule. We may close your Account at any time with or without cause. We may try to notify you in advance should this be necessary, but we are not obligated to do so unless required by law. If we close your Account, we will, unless otherwise required by law, send you a check for your final balance, if any, minus any applicable Account fees and charges. Any balance in your Foreign Currency Wallet will be converted to USD at the Applicable Exchange rate at the time we close your Account. If your Account Balance is insufficient to pay applicable Account fees and charges owed to us, you will continue to be liable to us for the unpaid amount until it is paid in full, including any legal, investigative, administrative or interest costs we incur. Your obligations for transactions conducted prior to Account closure will survive the closure of the Account. The termination of this Agreement will not affect any rights or your obligations arising under this Agreement prior to termination. We may amend or change the terms and conditions of this Agreement at any time without prior notice to you except as required by applicable law. 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 reserve the right to limit your use of your Account. We also may cancel or suspend the use of your Account with or without cause or notice, other than as required by applicable law. In the event your Account is canceled, closed, or terminated for any reason, so long as you used your Account in accordance with the terms of this Agreement, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. There may be a fee for this service. For information about the fee, see the Fee Schedule. We may not issue a refund check for any unused balance amount less than $1.00. In the event you wish to update your mailing address at the time your Account is canceled, closed, or terminated for any reason or thereafter, we may request specific documents to verify your identity and address. Any unused balance on your Account may be withheld until such documents are provided or until the funds escheat to the state in accordance with applicable state law. In the event any federal or state governmental agency, including the Internal Revenue Service or Social Security Administration, requests the return of funds deposited to your Account that originated from such governmental agency, such funds may be remitted to the issuing agency in lieu of returning such funds to you. In the event funds are remitted to an issuing governmental agency, any effort by you to recoup such funds must be directed to the governmental agency in question, and we will have no liability to you for such funds. For any remaining account balances, we will comply with unclaimed property laws and appropriately engage in escheatment activities as required by state law.

  • XXX. CUSTOMER SERVICE

    Customer Service is available to you via our Mobile App, X World Wallet Account Center, and live agents which are available to answer your calls from 8:00am to 8:00pm CST, 7 days a week, including holidays. We may monitor and/or record telephone calls and other Communications between you and us to comply with applicable law or perform quality control of our Customer Service. You agree that we or our agents may contact you at any telephone number you provide to us, including your cell phone number, for any informational, non- telemarketing purpose related to your Account or Card. You agree to receive these calls via an automatic system, prerecorded or artificial voice messages, or automatically generated text messages. You understand your phone service provider may charge you for these calls/messages. Our staff, however, have the right to terminate any call if your language or behavior during the call includes any of the following: threats of physical harm or violence; inappropriate religious, cultural or racial insults; or homophobic, sexist or other derogatory remarks.

  • XXXI. 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 Account.

  • XXXII. LEGAL PROCESS

    We will comply with any state or federal legal process, including, without limitation, any writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena or warrant relating to you or your Account which we believe to be legally valid. You agree that we will honor valid legal process that is served personally, by mail, or by facsimile transmission. You agree that we will have no liability to you for honoring any such legal process. You also agree that you will be obligated to assert any claims of exemption you may have under state or federal law and that we will have no obligation to assert the same on your behalf except to the extent required under any applicable state or federal law. We will also have and may enforce our right of setoff and security interest against any of your Accounts in order to reimburse us for any sums owed to us. We may refuse to permit withdrawals or transfers from your account until such legal process is satisfied or dismissed even if such action results in insufficient funds to satisfy an obligation you may have incurred. You agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costs and damages including, without limitation, attorneys’ fees, associated with our compliance with any legal process we believe to be valid. When we receive an order instructing us to restrict access to funds in an Account, we may remove the funds from the account and maintain them separately. These funds will not earn interest and will not be considered as part of your combined balances when we determine Account fees and rates.

  • XXXIII. JURY TRIAL WAIVER

    YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER WILL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION CLAUSE SET FORTH IN THE FOLLOWING SECTION, WHICH CONTAINS ITS OWN JURY TRIAL WAIVER.

  • XXXIV. CHOICE OF LAW

    The validity, construction and interpretation of this Agreement and the relationship between You and Rêv, including the rights and duties of the parties, will be governed by the laws of the State of Texas in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to You by provisions that cannot be derogated from by agreement by virtue of applicable law.

  • XXXV. INDEMNIFICATION

    You agree to indemnify and hold Rêv, its Affiliates and third party service providers, as well as their respective officers, directors, employees, successors, agents, affiliates and contractors, harmless from and against any and all Claims, damages, liabilities, losses or expenses of any type (including attorneys’ fees and court costs) arising out of or relating to Your (i) breach of this Agreement, (ii) violation of any law, and/or (iii) violation of any right of any third party . You agree to cooperate as fully as reasonably required in our defense and/or settlement of any such Claim subject to indemnification. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by You.

  • XXXVI. LIMITATION OF LIABILITY

    WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; ANY CLAIMS, LOSSES, OR DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT; COMMUNICATIONS SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL BE EFFECTIVE EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW.

  • XXXVII. DISCLAIMER OF WARRANTIES

    EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING OUR SERVICES OR ANY FINANCIAL SERVICE OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  • XXXVIII. WAIVER OF JURY TRIAL, CLASS ACTION WAIVER

    Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Card Agreement or by law with respect to your Account, any other financial service, or any of our services must be commenced no later than one (1) year after the day the cause of action accrues. Unless prohibited by applicable law, you waive your right to have a jury trial to resolve any dispute you may have against us or a related third party. Unless prohibited by applicable law, you waive your right to ask a court or an arbitrator to allow you to pursue any claims on a class action basis or brought in a purported representative capacity on behalf of the general public, other account holders, or other persons similarly situated. Furthermore, claims brought by you against us or by us against you may not be joined or consolidated with claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. For purposes of this class action waiver the terms “we” and “us” shall for all purposes mean Texas First Bank, its 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 X World Wallet Account or Participating Card Program (including, but not limited to, merchants who accept the Card or Virtual 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.

  • XXXIX. MISCELLANEOUS

    Your Account, Card and your obligations under this Agreement cannot be assigned or transferred. We may assign or transfer our rights under this Agreement, including by changing the Issuer, without requiring any consent from you. 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, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Texas except to the extent governed by federal law.

  • XL. ARBITRATION

    Purpose:This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court upon the election of either party.You may reject this Arbitration Provisionby sending us a written notice which gives your name, address, email address, and each Card number with a statement that you reject the Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to P.O. Box 2136, Austin, TX 78768-2136 Attn: Arbitration Rejection Notice. A rejection notice must be signed by you and received by us within forty-five (45) days after the date you receive the first Card issued under this Agreement. Rejection of arbitration will not affect any other term of this Agreement. Definitions:As used in this Arbitration Provision, the term “Claim” means any claim, dispute, or controversy between you and us, or between you and Rêv as the program manager for the Account or any of its agents or retailers, arising from or relating to the Account 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 Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, consumer rights, ordinances, 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 Account; (ii) the amount of available funds in your Account; (iii) advertisements, promotions, or oral or written statements related to your Account, or goods or services purchased with your Account; (iv) the benefits and services related to your Account;(v) your enrollment for any Card or Account; and (vi) data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about you; (vi) collection of any debt and the manner of collection . 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 the small claims court. If a Claim is filed in small claims court and then removed, appealed or transferred from small claims court (or its equivalent) to another court, it shall be subject to arbitration at the written election of either you or us within thirty (30) business days of written notification of the removal, appeal or transfer. You or we may also demand arbitration if the small claims (or equivalent) case attempts to include any class or representative claims. As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean Texas First Bank, its 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 Accounts (including, but not limited to, merchants who accept the Card or Account, 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 secondary Cardholders, if applicable. Pre-Arbitration Dispute Resolution: Before instituting a small claims lawsuit or arbitration of a Claim, you and we agree to give the other party written notice reasonably describing the factual basis for the Claim and the amount of damages or other relief sought (the “Notice”). Any Notice from you must be mailed to us at P.O. Box 2136, Austin, TX 78768-2136 (or such other address as we shall subsequently provide to you) or may be emailed to:support@xworldwallet.com(the “Our Address”). The Notice should include the Account Number, and the email address and phone number at which the complaining party (or their attorney) may be contacted. We will mail any Notice to the address we have for you or send an email to the email address we have for you (“Your Address”). After a Notice is sent, the parties shall give each other a reasonable opportunity over the next thirty (30) business days (“Notice Period”) to attempt to resolve the Claim on an informal basis. You and we agree that no small claims lawsuit or arbitration may be filed prior to the end of the Notice Period.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 to be conducted by the American Arbitration Association (“AAA”) before a single arbitrator pursuant to the AAA’s Consumer Arbitration Rules (“Rules”). For a copy of the procedures, to file a Claim, or for other information about the AAA, you may contact them at 1-800-778- 7879, or the AAA website atwww.adr.org.Class Action Waiver:You and we agree that, whether in a small claims lawsuit or in arbitration, each may bring Claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The enforceability of the waiver or the right to assert a Claim on behalf of a class or in a representative capacity shall be determined exclusively by a court of competent jurisdiction. Should we believe that any Claim you have filed in arbitration or in court is inconsistent with this Class Action Waiver, we may seek an order from a court of competent jurisdiction determining whether your Claim is within the scope of the Class Action Waiver.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 PERMITTED BY THE RULES OR THE ARBITRATOR. 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 OR BROUGHT IN A SMALL CLAIMS LAWSUIT. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. 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 onbases involving Claims brought in a purported representative capacity on behalf of any 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. 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 pay any filing, administration and arbitrator fees charged by the AAA (the “Arbitration Fees”). However, should any arbitrator find that the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (in accordance with Federal Rule of Civil Procedure 11(b)), then the arbitrator has the discretion to require you to pay some or all of the Arbitration Fees.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 requesting 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. We may not recover our attorneys’ fees and costs in arbitration from you (a) unless the arbitrator finds that your Claim was frivolous or was brought for an improper purpose; and (b) if such an award would invalidate this Arbitration Provision. The arbitrator shall decide all issues of liability on the merits of the Claim, and may award declaratory or injunctive relief only in favor of the individual party bringing such Claim and only to the extent necessary to provide relief warranted by that party’s individual claim. Should you or we prevail on a Claim in arbitration for which public injunctive relief is sought, the entitlement to and scope of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. Any litigation seeking public injunctive relief shall be stayed pending the outcome on the merits of any individual Claim in arbitration. Prior to issuing any injunctive relief, a court of competent jurisdiction shall independently review the factual findings of the arbitration award, giving no deference to the findings of the arbitrator. Except as otherwise expressly provided in this Arbitration Provision, the arbitrator shall have the authority to (a) award all remedies under applicable law, including, for example, compensatory, statutory and punitive damages (under the same standards that would apply in court,) and attorneys’ fees and costs; and (b) make all determinations as to the scope, interpretation, enforceability, and validity of this Agreement. The Arbitration Provision shall not prevent any party from seeking equitable relief, including injunctions, in aid of arbitration or in aid of the enforcement of this Arbitration Provision from a court of competent jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, if the amount of any award exceeds $100,000, inclusive of costs and attorneys’ fees, or involves a request for injunctive or declaratory relief that could involve a cost or benefit to any party exceeding $100,000, 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. Any reference in this Arbitration Provision to the “arbitrator” shall mean the panel if an award has been appealed under the paragraph. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions shall remain in force except that if the waiver of the right to proceed as a class or in a representative capacity is declared unenforceable in a proceeding between you and us, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Provision (except for this one sentence) shall be null and void in such proceeding. Where applicable, if you and your Account are covered by the Military Lending Act, then you are not bound by this Arbitration Provision, and to the extent required by the Military Lending Act, nothing in this Agreement will be deemed a waiver of the right to legal recourse under any otherwise applicable provision of state or federal law. If you would like more information about whether you and your Account are covered by the Military Lending Act, please contact us. Continuation:This Arbitration Provision shall survive i) the termination of your Account as well as voluntary payment of any debt in full by you, ii) any legal proceeding by us to collect a debt owed by you, or (iii) 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 agreements you may have had with us, each of which shall be enforceable regardless of such invalidity.IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE ACCOUNT. PLEASE CANCEL YOUR ACCOUNT BY CONTACTING CUSTOMER SERVICE.

  • XLI. ENTIRE AGREEMENT

    This Agreement constitutes the entire agreement between You and Rêv in relation to the entirety of the Program. Rêv expressly disclaims any representations, statements or agreements which are not a part of this Agreement. This Agreement is effective December 20th, 2024. This Card is issued by Texas First Bank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. ©2024 Texas First Bank, Member FDIC.