Premium Terms and Conditions
Last Revised: MMM DD, YYYY
When you enroll for Upgrade Money or other programs through Upgrade, you may be offered access to Premium. Premium is a monthly subscription that is offered to and allows eligible Upgrade Money Spend customers, or other eligible Upgrade customers as Upgrade may determine in its sole discretion, to earn or receive certain benefits as described below (“Premium Benefits”) and subject to these Premium Terms and Conditions (“Terms and Conditions”), as well as any related Upgrade Money Spend Deposit Account Agreement(s), Cardholder Agreement(s), Personal Credit Line Agreement(s), including any amendments or revisions therein, or supplementary terms and conditions pertaining to the Premium Benefits and offerings described herein are incorporated herein by reference. These Terms and Conditions set forth the terms and conditions under which Upgrade, Inc. (“Upgrade”), and any applicable bank partners (available at www.upgrade.com/bank-partners/) (each a "Bank"), ( collectively, "we" or "us") makes Premium available to you, as a customer ("you").
By enrolling for Premium, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions.
Ⅰ. Premium Overview
Premium and the associated Premium Benefits are available to all eligible Upgrade Money Spend customers who are at the time of enrollment and while enrolled in Premium maintain good standing for any accounts opened through Upgrade, including Upgrade Money Spend. You must enroll and remain enrolled in Premium to receive Premium Benefits. When you’re enrolled, you’re considered a Premium member. Premium is optional, and may be cancelled at any time in accordance with the terms provided to you.
Monthly Term: Premium has a monthly term (“Term”), starting from the date of enrollment in Premium and pay for your Premium Benefits (see Premium Fee), notwithstanding any free promotional trials offered to you (see Free or Discounted Trails), and continuing through the day preceding the same date the following month. If you enroll on the 29, 30, or 31, then your term will end at the end of the following month, as applicable.
Premium Benefits Description
| Benefit | Description of Premium Benefit | Description of Benefits without Premium, if applicable |
|---|---|---|
| Dedicated customer service | You will have access to, and be able to use, a dedicated customer service number to assist you with Upgrade Money | You will have access to the general customer service line. |
| Increased Annual Percentage Yield on certain balances in your optional Upgrade Money™ Save | When you open a Save account and add funds to this account, you will have access to a higher interest rate for certain balances as disclosed on the Annual Percentage Yield page. Credit and rate calculation details are available in the applicable Savings Account Agreement or related Truth in Savings Agreement. You must open and fund an Upgrade Money Save account to take advantage of this benefit. |
You will have one, variable rate that applies to funds in your Upgrade Money Save account, regardless of your balance, as disclosed on the Annual Percentage Yield page. Credit and rate calculation details are available in the applicable Savings Account Agreement or related Truth in Savings Agreement. |
| Personal Identity Theft | You will have access to Personal Identity Theft benefits while you are enrolled in Premium, pursuant to additional terms and conditions provided to you. | No Personal Identity Theft. |
| Travel Protection Benefits | You’ll receive purchase and Trip Cancellation and Interruption benefits for Upgrade Money Card purchases made while you were enrolled in Premium, pursuant to additional terms and conditions provided to you.
Trip Cancellation and Interruption benefits generally provide reimbursement for your non-refundable common carrier ticket, up to the amounts as provided within the terms and conditions. |
No additional Trip Cancellation and Interruption benefits . |
| Retail Protection Benefits | You’ll receive Extended Warranty Protection, Purchase Security, Return Protection for Upgrade Money Card purchases made while you were enrolled in Premium, pursuant to additional terms and conditions provided to you.
Extended Warranty Protection, Purchase Security, Return Protection generally provide benefits for purchases including benefits for reimbursement for returns not accepted by the retailer, protection for purchases for covered circumstances due to theft or damage, and extension of a U.S. manufacturer’s warranty, subject to the covered circumstances, claim amounts and eligible purchases pursuant to the terms and conditions provided to you. |
No additional Retail Protection Benefits. |
| Fee-free express delivery for cash advance | If you are eligible and approved for a cash advance, you can receive fee-free, express delivery of your advance. | You may not have access to express delivery or express delivery will only be available for a fee, in accordance with applicable law. |
| Fee-free RTP* | When you make a RTP transfer from your Upgrade Money Spend Account, the applicable RTP transfer fee will be waived while you are a Premium member.** | You may make RTP transfers from your Upgrade Money Spend Account subject to the fees disclosed in the Deposit Account Agreement. |
*RTP subject to availability. See the Deposit Account Agreement for definition of RTP, description of service, and fees.
**If you unsubscribe from Premium, any future-dated transfers may be cancelled or subject to slower delivery, as disclosed to you. We will notify you if a transfer is cancelled or unable to be completed.
Premium Fee
Premium Benefits are subject to monthly fee, disclosed to you in your Upgrade Money Spend Deposit Account Agreement (available at: URL) or related Fee Schedule as well as prior to your enrollment. This Premium fee is charged by Bank, in consideration for the Premium Benefits offered to you. The fee is automatically charged monthly at the beginning of each Term, either by directly debiting your Upgrade Money Spend account, or if another payment option is provided, that you may direct us to charge you. If debit fails, we may try to re-debit the fee up to two (2) times, within two (2) days of the fee being owed. The fee will be charged each month until you cancel your enrollment. We may change this fee, in our sole discretion, provided you will be notified in accordance with the Upgrade Money Spend Deposit Account Agreement.
Free or Discounted Trials
You may be offered a promotional trial, in which your Premium Fee is waived or otherwise discounted in your initial Term or Terms, as stated in the trial, from time to time (“Trial”). Waiver or discount of the Premium Fee does not indicate or guarantee a future waivers or discounts will be available. Trials are offered in our discretion, may be temporary, and may be cancelled at any time, with or without notice to you, as applicable law requires. You should always review the terms of a Trial before agreeing to participate.
We may, in our discretion, and as stated in your Trial offer terms, continue your enrollment in a Premium even after the Trial has ended. In such case, you will automatically be charged the Premium Fee on the beginning of the Term immediately following the expiration of the Trail.
Cancellation of Premium
You can cancel Premium at any time in the Upgrade mobile application or on the Upgrade Website. Upgrade may provide you other methods to cancel Premium in its sole discretion.
When you cancel, you will continue to have access to Premium Benefits until your next Premium fee is due. For example, if you enroll in Premium and are charged a fee on the 1st of the month, then cancel Premium on the 15th of the month, you will continue having access to Premium Benefits until the end of the month. Then, your access to the Premium Benefits will end on the 1st of the following month.
If you cancel your Premium (see Cancellation of Premium), and later choose to re-start your Premium, you will be charged immediately upon opting into your Premium anew, unless you are otherwise eligible for a Trial. This means the date you are charged may based on when you subsequently re-enroll in Premium after cancellation.
ⅠⅠ. Other Terms
Changes to Upgrade Premium
Upgrade may revise these Terms and Conditions from time to time. The revised version will be effective at the time it is posted on http://www.upgrade.com/legal/premium-terms/, provided that we will notify you of any change when required by applicable law. Please regularly check this webpage so you are aware of any changes. By continuing your enrollment in Premium after the effective date of any changes, you thereby agree to such changes.
Closing Your Account
Please refer to your Personal Credit Line Agreement for how to close your account.. You understand that you must close your Upgrade Card account in accordance with the terms of the Personal Credit Line Agreement, or, if applicable, close your Upgrade Money Spend account in accordance with the Upgrade Money Spend Deposit Account and Security Agreement. If you elect to close your Upgrade Money Card account, or Upgrade Money Spend account, you understand that you may no longer have access to or receive Premium Benefits. If your Upgrade Money Card account, or Upgrade Money Spend account is or are closed due charge off, default or any other reason as permitted in your Personal Credit Line Agreement, or Upgrade Money Spend Deposit Account and Security Agreement, your Premium Benefits may be forfeited. We may, in our sole discretion, pro-rate your Premium Fee for the Term in which you close your Upgrade Money Card account.
How You Could Lose Your Premium Benefits
You will Lose your Premium Benefits if you enroll in Premium or we are unable to debit the Premium Fee (see “Premium Fee” above).
Upgrade may, in its sole discretion and consistent with the terms of applicable agreements, decline to allow you to access or use the Premium Benefits, if for example, Upgrade determines that any of your account(s) through Upgrade show signs of fraud, misuse or abuse or for accounts or that are past due, closed or any other delinquent status.
Additional Terms
Premium Benefits cannot be sold, attached, seized, levied upon, pledged or transferred under any circumstances including, without limitation, by operation of law, upon death, or in connection with any dispute or legal proceeding.
Warranty Disclaimer; Limitation of Liability
Premium and any related content is provided “as is.” Upgrade, Bank and their respective affiliates, directors, officers, employees, agents or contractors (together, “Upgrade Parties”) make no representations or warranties concerning the Premium or any Premium content, either express or implied, including, without limitations, warranties of title, merchantability, fitness for intended use or a particular purpose, non-infringement, and otherwise arising by law, custom, usage, trade practice, course of dealing or course of performance. Upgrade Parties do not warrant that the functionality or availability of the Premium and any Premium content will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful components. IN NO EVENT WILL UPGRADE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, OR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, DAMAGES, INJURY, CLAIM, OR LIABILITY OF ANY KIND ARISING FROM YOUR USE OF PREMIUM, EVEN IF THE UPGRADE PARTIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, UPGRADE PARTIES’ LIABILITY TO YOU FOR ANY CAUSE OF ACTION REGARDLESS OF FORM WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU.
Termination of Premium
These Terms and Conditions are effective upon your enrollment in Premium and will remain in effect until the earlier of: (1) the termination of your related Deposit Account Agreement, Personal Credit Line Agreement, Cardholder Agreement, and/or Personal Credit Line Agreement; (2) your or our cancellation of your Premium. Termination will not prejudice either your or Upgrade’s remedies at law or in equity.
Tax
You will be solely responsible for any and all tax liability arising out of the Premium Benefits. Please consult your tax advisor.