Terms of Service
Downpayments Terms of Use Agreement
Last Updated: Dec 5, 2023
Welcome to downpayments.com!
This Terms of Use Agreement (this “Agreement”) sets forth the terms and conditions that apply to your access and use of the online functions, products, and services made available to you by Downpayments and any and all of its subsidiaries and affiliates.
You can access downpayments.com products and services through our Downpayments website (located at downpayments.com) and the Downpayments mobile application (the “Downpayments App”) as well as through websites and mobile applications operated by Downpayments with partners. Downpayments may maintain phone, email, and additional websites that allow you to access Downpayments products and services. All of these channels are referred to collectively in this Agreement as the “Downpayments Site.”
Through the Downpayments Site you may access many different products and services offered by Downpayments and its subsidiary and affiliated companies. We use the name “Downpayments” to refer to any and all of the companies owned by or affiliated with Futurerent Holdings USA Inc.
Your acceptance of this Terms of Use Agreement is required to use the Downpayments Site and to obtain any product or service offered on the Downpayments Site. By using the Downpayments Site to obtain any Downpayments product or service, you agree to be bound by this Terms of Use Agreement just as if you have signed the document with pen and ink.
If you do not wish to be bound by this Terms of Use Agreement, then do not access or use the Downpayments website or mobile application, do not click “accept” to register with Downpayments, and do not submit any account application, loan inquiry, loan request, or other product request. Taking any of these actions means you agree to this Terms of Use Agreement just as if you had signed it with pen and paper.
You may only accept this Agreement and use the Downpayments Site if you are legally authorized to accept and be bound by these terms and of a legal age to enter this Agreement.
If you have questions or comments about these Terms of Use, please email us at contact@downpayments.com
Please note this Terms of Use Agreement contains General Terms applicable to all users PLUS sections with terms that apply to you if you use specific Downpayments products and services.
TABLE OF CONTENTS
II. SPECIFIC ADDITIONAL TERMS AND CONDITIONS
If you use ANY of the following Downpayments products or services, please read the terms applicable to each — these terms apply to you.
2. Insights (Personal Finance Management Tools)
General Terms
1. Changes to this Agreement. Downpayments may change this Terms of Use Agreement from time to time by posting a current version on the Downpayments website without delivering any notice to you. Please review the current version of this Terms of Use on the Downpayments Site from time to time, because your continued access or use of the Downpayments Site shall be deemed your acceptance of the Terms of Use in place at that time.
2. Additional Product or Account Agreements. To obtain certain Downpayments products and services you might be required to enter into additional agreements with Downpayments.
3. Risks of using the Downpayments Site. Conducting financial transactions through online services such as Downpayments has inherent risks and is susceptible to interruption. By using the Downpayments Site and online services, you agree to the following and accept the following risks:
• Online information transmission can be disrupted. You accept the risk the Downpayments Site could be affected by technical difficulties that impair your ability to obtain, view or deliver information or execute transaction, including in time sensitive transactions such as securities trades or cash management.
• You must confirm any transaction (such as a submission of information or a trade request) attempted online before relying on it being completed. It is your responsibility to verify the status of any attempted transaction by reviewing your accounts or contacting Downpayments Customer Support.
• When you create an account, you agree to use a username with a password that is complex, secure, and private. You agree to protect your log-in credentials. You agree to accept the risk of unauthorized access and use of your account if your credentials are guessed, stolen, intercepted, or if Downpayments system is breached or used without proper authorization. If you learn of any unauthorized use of your password or account, you must contact us immediately (using contact information on our Downpayments Site). Downpayments is not responsible for any unauthorized access to or use of your account.
• Downpayments obligation is to use reasonable information security measures, and you acknowledge and agree that Downpayments systems are not 100% secure against every possible attack.
4. Privacy. If you use or obtain any Downpayments product or service, Downpayments will collect information about you and use it and share it according to Downpayments Online Privacy Policy.
. Please read Downpayments Privacy Policy and Privacy Notice for a full description of how Downpayments will collect, use and share information about you. You may view these documents through the links in this provision or on the Downpayments Site at the Privacy Policy page. This Terms of Use does not limit the application of the Downpayments Privacy Policy.
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5. Communicating with you. You expressly give permission to Downpayments to contact you according to the following terms:
a. Registration & Accounts. You agree that Downpayments may contact you about any matter relating to your registration with Downpayments, your submission of an inquiry for any Downpayments product or service, your application for a product or service, and for any purpose arising out of or in connection with any account you may obtain from Downpayments. We may contact you for any purpose related to any account you have, such as payment reminders or suspicious activity.
b. Marketing. You agree that Downpayments may contact you to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send to you will contain instructions permitting you to “opt out” of receiving future communications.
c. Agents. You agree that Downpayments may use agents or representatives to contact you on our behalf.
d. Phone, SMS, Autodialers. You agree that Downpayments may contact you through any means, including emails, telephone, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic chatbot or texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. Downpayments and its agent or representative may leave messages on your answering machine, voice mail, or send messages via text or chatbot.
e. Recorded lines. You agree that Downpayments and our agents, representatives, affiliates or anyone calling or contacting you on our behalf may contact you on a recorded line or recorded messaging service, including via an automated chatbot. Your communications with Downpayments may be monitored, recorded or reviewed by us and shared with our third-party providers for quality assurance and customer service purposes. Your use of the Downpayments Site constitutes your consent to such monitoring, recording and review. We may also use third party tools or technology to monitor user experience on our Site. These tools automatically record information you provide to use on our Site and information about how you interact with our Site, including pages or links you click, videos you watch, mouse clicks and movements and page scrolling. We use this information for analytics and to improve Site usability as well as enhance the effectiveness of our Site, offers, advertising, communications and customer service. Please see our Privacy Policy for more information.
f. Accurate numbers. You certify telephone numbers that you have provided to us are your contact numbers, and that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. We may contact you using any information you have provided to Downpayments or any of its affiliates, at any telephone number, or any physical, email, or electronic address you provide or at which you may be reached.
g. Push-Notifications/Alerts. You may select for Downpayments to send you messages called “Alerts” by text or phone. Alerts may be delayed or prevented by factor(s) affecting your internet/phone provider or other relevant entities. Downpayments is not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any Alert, or inaccurate Alert content. You are responsible for your use or reliance on the contents of any Alert for any purposes. The information in any Alert may be subject to certain delays. Each Alert may not be encrypted and may include your name and information pertaining to your account(s). Downpayments may terminate your use of Alerts at any time without notice.
h. SMS Notifications. All SMS Notifications in electronic format from us to you will be considered to be in writing.
i. Capability to view messages. In order to access, view, and retain SMS Notifications that we make available to you, you must have: (i) a SMS-capable mobile phone, (ii) an active mobile phone account with a communication service provider; and (iii) sufficient storage capacity on your mobile phone.
j. You are responsible for messaging Costs. DOWNPAYMENTS MAY USE ANY MEANS OF COMMUNICATION DESCRIBED IN THIS SECTION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E-MAILS OR OTHER MEANS. You are responsible for any and all charges, including but not limited to, fees associated with text messaging, imposed by your communications service provider. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account status or settings. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you.
6. Downpayments SMS Two-Factor Authentication Program
1. This program is for the sending of two-factor authentication short code messages.
2. If you are experiencing issues with the messaging program you can contact customer service.
3. Carriers are not liable for delayed or undelivered messages.
4. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive one message per authentication attempt. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
5. If you have any questions regarding privacy, please read our privacy policy: https://downpayments.com/legals/privacy-policy/.
7. Loan Inquiries and Submissions. If you submit a loan inquiry or a loan request to Downpayments, you authorize and instruct Downpayments to obtain credit information on you from a credit reporting agency and to use it according to Downpayments Privacy Policy, including to use the information to advertise products and services to you and to target ads to you. Your authorization in this Agreement is in addition to: (i) terms you accept at the time you submit a loan inquiry, (ii) terms in any loan application, and (iii) terms in loan documents if you obtain a loan. You agree you will provide current, complete, and accurate information about yourself and any co-borrowers or co-signers. If any information you provide is untrue, inaccurate, not current, or incomplete, Downpayments has the right to terminate your submission and to decline to provide any and all future use of the Downpayments Site. At all times we reserve the right to decline any loan submission or application for a loan.
8. You are Responsible for Your Financial Decisions. You are responsible for all financial decisions you make on the Downpayments Site or based upon information you obtain on the Downpayments Site. Downpayments products and services are offered to you upon the express condition that you will fully evaluate your own financial circumstances, the terms of the products and services, are fully responsible for your own financial decisions. Only you can consider your financial situation and circumstances. You agree to pursue a Downpayments product or service only after you have determined it is right for you.
You agree that:
• Downpayments has NOT reviewed your financial situation, Downpayments does not attempt to understand your full financial situation, and Downpayments will not attempt to select offers, products, or services that are suitable for you.
• You must make decisions about whether Downpayments products are right for you.
• Before making any financial decisions, you should always consider obtaining information and advice from a certified financial advisor who is aware of your individual circumstances.
9. Downpayments Limitation of Liability. You agree that all access and use of the Downpayments Site and your use of Downpayments products and services is at your own risk. In no event shall Downpayments (and all related parties) be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising or in connection with use of the Downpayments Site. In addition, you agree:
• Downpayments will not be responsible if you are unable to use the Downpayments Site or any linked site, or in the event of any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Downpayments, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
• Downpayments will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.
• Downpayments will have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
• Downpayments may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or fraudulent manner.
• Downpayments shall have no liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility or inoperability problems of the website, your computer device, or your failure to confirm any attempted transaction.
10. Downpayments may suspend your Account and your use of the Site. Downpayments reserves the right to suspend, cancel, or terminate your use of the Downpayments Site and any Downpayments product or service if we believe you are using it for a purpose that is unauthorized, improper, illegal, or that could harm Downpayments reputation. Downpayments may determine in our sole discretion the activities that could lead to such suspension or cancellation. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Downpayments Site or any transaction being conducted on the Downpayments Site.
11. Site Changes. Downpayments reserves the right to change or modify or discontinue the Downpayments Site, or any features or functions on the Downpayments Site, for any reason, at our sole discretion, without notice to you.
12. Agreement Duration and Termination. This Terms of Use Agreement will continue to apply to you and your use of the Downpayments Site until your Downpayments account or relationship is terminated as set forth herein. Downpayments may, in its sole and absolute discretion, at any time, for any or no reason, and with or without prior notice, suspend or terminate your use of the Downpayments Site and the rights afforded to you hereunder. If you fail to comply with any terms and conditions of this Agreement, then your access to the Downpayments Site and any rights afforded to you may be automatically terminated, without any notice to you or other action by Downpayments.
You agree that Downpayments will not be liable to you or any third party for any termination of your account or access.
If you want to deactivate or delete your Downpayments account, please see our FAQs page. You agree that even if you seek to terminate this Agreement, Downpayments may be obligated by law to retain information about you and certain transactions.
13. Advertisements and Promotions. The Downpayments Site may contain promotions for products and services of third parties, including companies that pay marketing fees to Downpayments. Downpayments promotion of such third-parties is an introduction for you to the company and is not an endorsement of their services or products. Downpayments disclaims any liability for any third-party information or products offered.
14. Links to External Sites. External sites with links on Downpayments Site often have Terms of Use, Privacy Policies, and security practices that are different from those of Downpayments. It is your responsibility to read and understand those documents before agreeing to use the external site.
15. Indemnification. You shall indemnify, defend and hold harmless Downpayments and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Downpayments Site or App; (ii) your breach of the License to use the Downpayments Site and App; (iii) your violation of law in connection with this License; (iv) your negligence or willful misconduct in connection with this License; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of this Agreement or the App License.
16. Compliance with Applicable Law. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Downpayments Site. The Downpayments Site is available only to individuals who are permitted to use it under applicable law. The Downpayments Site is made available only for personal, non-commercial use and display by U.S. residents legally capable of entering commercial agreements. If you do not qualify, do not use the Downpayments Site. You agree to comply with all applicable laws, rules and regulations regarding the export of technical data from the U.S. You agree: (i) You are solely responsible for your actions and the contents of your transmissions through the Downpayments Site. (ii) You will not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. (iii) You possess the legal right and ability to enter into these Terms of Use and the License and to use the Downpayments Site. Unauthorized use of this Downpayments Site, including but not limited to unauthorized entry into Downpayments systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.
18. No Warranty. Downpayments does not warrant the accuracy, adequacy or completeness of the information provided on the Downpayments Site and expressly disclaims liability for any errors or omissions in such information. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information. Calculators and tools on the Downpayments Site provide you with ESTIMATES that may be different than actual amounts.
19. Copyright. Futurerent Holdings USA Inc owns the copyright in all of the information and material contained on the Downpayments Site. The contents of the Downpayments Site, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and foreign copyright, patent, trademark, and other laws. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Downpayments Site, or use of or access to the Downpayments Site, or any information or technology obtained from the Downpayments Site, including, but not limited to, Downpayments trademarks.
SPECIFIC ADDITIONAL TERMS AND CONDITIONS
This Terms of Use Agreement includes both the General Terms and Conditions above and additional product specific Terms and Conditions below. If you use any of the following Services, the terms below apply to you in addition to the General Terms and Conditions above:
1. Connected Accounts. Downpayments offers products and services that allow you to “connect” or “link” external accounts, such as a bank account, a loan, or a credit card account held at another institution. You agree to the following terms and conditions when you connect an account at another institution:
• If you elect to connect or link any such account at another institution, we refer to it as a “Connected Account.”
• Downpayments will obtain your account information. If you elect to connect an external account to Downpayments, Downpayments will obtain information from the Connected Accounts. The specific information Downpayments obtains may vary by institution and account type. You should assume Downpayments will obtain from the account any information that is available to you. For example, if you connect a bank account to Downpayments Insights tool (described below), Downpayments can collect any information from the account, including balance and transaction information, such as amount of payments, debits, and deposits. If you connect a loan account at an external institution, Downpayments can collect loan balance, interest rate on the loan, and your payment history.
• Use of Connected Information. If you elect to connect an account through any Downpayments service, Downpayments may use the information from the connected account for any purpose permitted by Downpayments Privacy Policies, including use of the information to identify products and services that may be of interest to you, sharing information with affiliated companies to offer products and services to you, and identifying if you would be likely to be eligible for certain products and services.
• Use of Plaid Services. To connect an account, Downpayments requires you to use a service offered by Plaid Inc. (“Plaid”). By using this Services, you acknowledge and agree that Plaid’s Privacy Policy will govern Plaid’s use of information it collects about you or that you provide to Plaid, and you expressly agree to the terms and conditions of Plaid’s Privacy Policy. Further, you expressly grant Plaid the right, power, and authority to access and transmit your information as reasonably necessary for Plaid to provide the Services to you.
• To obtain information from Connected Account, Downpayments Acts as Your Agent. If you elect to connect an external account to Downpayments, Downpayments will connect to the account and obtain information at your direction and as your agent. Downpayments does not warrant that the information obtained from the external account is accurate, complete, or non-infringing.
2. Personal financial management tools. If you use Downpayments personal financial management service, the following terms and conditions also apply to you.
Downpayments offers personal tools to view, aggregate, and review your information from multiple accounts. The information compiled includes accounts held at Downpayments and at external financial institutions, such as a bank account or a loan serviced by another institution. Downpayments offers these tools under the product name brand of “Insights.” If you elect to connect an external account in Insights, you authorize Downpayments to obtain information from the Connected Account external account and use it as described above in the section (“Connected Accounts”). Downpayments Insights tools are intended to only provide organizational services for your financial information. The Downpayments Insights tools and services are not intended to provide any financial planning, investment, tax, or retirement planning services or advice. Downpayments does NOT undertake any review of your account information to provide you with any advice or guidance. Downpayments does not make any determination about the suitability or appropriateness of any transactions you might undertake at Downpayments or elsewhere. If you elect to use Insights, you are fully and solely responsible for your accounts and agree Downpayments only role is to aggregate compile data to information for presentment to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DOWNPAYMENTS, NOR ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, RESULTING FROM YOUR PARTICIPATION IN THIS PROGRAM. THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE CLAIM AGAINST ANY SUCH PERSONS OR ENTITIES IS BASED ON WARRANTY, CONTRACT, TORT, THE LAW OF PROPERTY, OR ANY OTHER LEGAL GROUNDS OR THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE OR WERE FORESEEABLE OR FORESEEN BY ANY SUCH PERSONS OR ENTITIES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Please direct all questions or comments about these Terms of Use to contact@downpayments.com
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