SSA Advance Agreement

LENDER INFORMATION:

Propel, Inc.
235 Duffield Street, Suite 1700
Brooklyn, New York 11201
help@providerscard.com

This SSA Advance Loan Agreement (this “Agreement”) is between Propel, Inc. (referred to as the “Lender”, “we”, “us” and “our”) and you (referred to as “you” and “your”), pursuant to the loan request submitted by you in relation to the SSA Advance Program (the “Program”) via the mobile application (or other application channels) offered and operated by us (the “Mobile App”).

This Agreement supplements the terms and conditions contained in the Propel Terms of Use and the Program is a Propel Service, as defined in such Terms of Use. Your use of this Program is subject to the disclaimers, limitation on damages, indemnity, dispute, and arbitration provisions in the Propel Terms of Use.

Propel will permit you to participate in this Program only on the condition that you accept and agree to all of the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained in this Agreement, you are ineligible to participate in this Program.

1. SSA ADVANCE PROGRAM OVERVIEW.

Propel’s SSA Advance Program is an optional service that allows you to receive a loan of $250 in advance of receiving your federal benefits income (“Benefits Income”). You may participate in the Program by requesting a loan against such Benefits Income (the “Advance Deposit”) at any point up to 11:59 PM ET the day before your scheduled deposit date for the Benefits Income. To receive an Advance Deposit, you must complete the verification process outlined in Section 13. You acknowledge and agree that your Advance Deposit is a loan and is subject to your obligation to repay the loan.

If Propel deems you are eligible to receive the Advance Deposit, based on criteria outlined below, the Advance Deposit will be deposited into your Providers Card account. The “Providers Card account” is a deposit account established in your name with Sutton Bank, an FDIC insured bank headquartered in Attica, Ohio (the “Bank”), that you may access using a Mastercard® debit card issued to you by the Bank. The terms, conditions, fees and other rules governing your Providers Card account are provided in your Cardholder Agreement provided to you by us and available at https://www.joinproviders.com/providers-card/cardholder-agreement.The Bank is not a party to this Agreement and is not offering or providing the Advance Deposit or other loan to you pursuant to this Agreement. You may apply for only one (1) Advance Deposit per federal benefits pay period. Propel may decline to extend an Advance Deposit for any legal reason, including without limit if we reasonably believe that such refusal is necessary to protect you, Propel, or a third-party partner. Without limiting the foregoing, Propel also can refuse to provide an Advance Deposit under this Agreement if you have previously requested and received an Advance Deposit but have not repaid it in full.

2. ADVANCE DEPOSIT LOAN AMOUNT.

The loan amount (i.e., the Advance Deposit amount) shall be $250.

3. PROMISE TO PAY.

You promise to pay us the Advance Deposit amount (the principal amount of this loan) on or before the next date on which you receive your qualifying federal benefits deposit (“Payment Date”) into your Providers Card Account, or forty-five (45) days from the disbursement of the Advance Deposit, whichever is sooner. The repayment will have the following name on your transaction history and in your mobile application: “SSA Advance Repayment”:

SSA Advance RepaymentAdjustment- $ Loan Amount

4. PROCEEDS.

The Advance Deposit will be disbursed into your Providers Card account.

5. FEES AND INTEREST.

There are no fees or interest charged for an Advance Deposit made pursuant to this Agreement. Fees for other services may apply under the Propel Terms of Use or your Cardholder Agreement (available at https://www.joinproviders.com/providers-card/cardholder-agreement).

6. MAKING PAYMENTS.

You agree to repay the Advance Deposit amount in a single installment on the Payment Date, which we anticipate will be the scheduled debit date displayed to you when you confirm your advance following the verification process or as otherwise described herein. The scheduled debit date is provided to you for informational purposes only; if you do not receive your federal benefit on the scheduled debit date, it will not constitute your Payment Date and the Payment Date then will be the date on which you actually receive your federal benefit.

Propel will attempt to debit your Providers Card account on the Payment Date, as defined above, unless you revoke your authorization as described below. You agree to pay us in U.S. dollars drawn on funds on deposit in the United States by (A) authorizing us to automatically debit your Providers Card account; or (B) another form of payment that we approve in writing (you can request that we accept another form of payment by contacting help@providerscard.com). You have the right to revoke this authorization for the withdrawal of the amount of the Advance Deposit by notifying help@providerscard.com of the exercise of your right to revoke authorization no less than three (3) banking days before your Payment Date. We can accept late or partial payments, as well as payments that reflect “paid in full” or other restrictive endorsements, without losing any of our rights under this Agreement. YOU ACKNOWLEDGE THAT FAILURE TO REPAY AN ADVANCE DEPOSIT (DEFINED ABOVE) MAY RESULT IN YOUR ADVANCE DEPOSIT BEING COUNTED AS INCOME, AND THUS REDUCE YOUR FEDERAL BENEFIT AMOUNT. YOU ALSO MAY BE LIABLE FOR TAX ON SUCH INCOME (consult your tax advisor.) You release Propel from all liability and claims related to participation in this Program as it pertains to your federal benefits status.

7. PREPAYMENT.

You may prepay the amount due for this loan, in full or in part, at any time without incurring an additional charge or fee.

8. USE OF FUNDS.You certify that the proceeds of the loan will not be used for any unlawful purpose, or to fund any post-secondary educational expenses, including, but not limited to, tuition, fees, books, supplies, miscellaneous educational expenses, or room and board. You may otherwise use the Advance Deposit by any means available to you through your Providers Card account, per your Cardholder Agreement (available at https://www.joinproviders.com/providers-card/cardholder-agreement) and the Propel Terms of Use.

9 CREDIT REPORTING.

We will not report information about your account to credit reporting agencies.

10. DEFAULT.

You will be in default if you do not timely pay us the agreed upon installment amount or if an ACH debit is not honored. You will also be in default for violating your agreement regarding the use of funds under this Agreement, or, if you give false or misleading information in order to obtain, or while you owe, this loan.

11. REMEDIES.

If you are in default under this Agreement, we may, to the extent permitted by law, without any prior notice or demand, unless required by law, require payment of the entire unpaid balance of this loan and use any and all remedies available under the law or in any instrument securing this Agreement.

12. ELIGIBILITY.

To participate in this Program, you must meet the following eligibility criteria:

(a) Eligible Federal Benefits. To qualify for the Advance Deposit, you need to be receiving an “Eligible Federal Benefit” to your Providers Card account. For a federal benefit to be an Eligible Federal Benefit, it must be eligible for a future deposit of at least $250 from the Social Security Administration.

(b) Other Eligibility Criteria. To be eligible for an Advance Deposit, you must (1) have a non-suspended Providers Card account; (2) set up your direct deposit from an agency issuing an Eligible Federal Benefit into your Providers Card account for the upcoming benefits payment period; (3) maintain your Providers Card account as the deposit destination until the next deposit date; and (4) provide verification of the direct deposit set up to your Providers Card account by way of submitting evidence via your independently-established My Social Security account with the Social Security Administration. This deposit can be made by setting up direct deposit with the relevant Federal Agency via their given direct deposit enrollment and/or update process.

(c) State of Residence. The Program is currently limited to 34 states. To be eligible for the Program, your legal address associated with your Providers Card account must reside in one of the following Eligible States:

State abbrevState Name
ALAlabama
AKArkansas
ARArizona
COColorado
CTConnecticut
DCDistrict of Columbia
FLFlorida
HIHawaii
ILIllinois
IAIowa
KSKansas
KYKentucky
MEMaine
MAMassachusetts
MIMichigan
MNMinnesota
MTMontana
NENebraska
NHNew Hampshire
NJNew Jersey
NYNew York
NCNorth Carolina
OHOhio
OKOklahoma
OR Oregon
SCSouth Carolina
TNTennessee
TXTexas
UTUtah
VTVermont
VAVirginia
WAWashington
WVWest Virginia
WIWisconsin

(d) Maintaining Eligibility. You must keep a positive balance in your Providers Card account in order for the Account to remain open, as provided in your Cardholder Agreement. If your Account has been closed or suspended for any reason after you have qualified for an Advance Deposit, but before the Advance Deposit is deposited to your Account, you are no longer eligible and will not receive the Advance Deposit.

If you do not see a notification or offer to enroll in this Program, you may contact the Providers Card Customer Support team at +1 (877) 607-4909 to enroll.


13. VERIFICATION.

Verification must be submitted according to the instructions in the Mobile app. To complete verification, you must login to your My Social Security account within the Providers App via our third-party partner Atomic. You must agree to Atomic’s terms to complete verification. Once you successfully sign in, Propel will retrieve the following required verification information from the Eligible Federal Benefit online account, which is required in full to be eligible for an Advance Deposit:

(i) direct deposit account information

(ii) upcoming benefits scheduled deposit date

(iii) upcoming benefits deposit amount

(iv) any garnishments or deductions to your upcoming benefits deposit amount

(v) past three benefits payment dates

(vi) past three benefits payment amounts.

If you are unable to login to Atomic’s system to complete the verification process due to your account setup not being supported by Atomic, you will have the option to manually submit deposit verification evidence. Deposit verification evidence must be screenshots displaying details from your Eligible Federal Benefit online account containing items (i) through (vi) of the required verification information.

In the event that verification can not be completed for any reason, you will not be eligible for the Advance Deposit. Additionally, Propel reserves the right to reject deposit verification evidence that does not meet these minimum requirements or that Propel determines appears fraudulent or falsified.

14. ADVANCE DEPOSIT AVAILABILITY.

The Advance Deposit will be $250.

Advance Deposits will appear as “Advance Deposit” in your Providers Card account, and will be available immediately after posting to the Account. Please see your Providers Cardholder Agreement for more information on funds availability.

You have no rights or other vested legal interest in the Advance Deposit until it has been posted to your Providers Card account. The Advance Deposit has no cash value or other value of any kind unless and until it is actually deposited to your Providers Card account, and is non-negotiable. Prior to its deposit to your Providers Card account, the Advance Deposit may not be transferred or assigned to any other party, and any attempt to do so shall be void and of no legal effect.

You may use the Advance Deposit by any means available to you through your Providers Card Account, and per the Propel Terms of Use.

15. AMENDMENT.

Propel reserves the right to modify this Agreement at any time. Propel further reserves the right to suspend or terminate your participation in this Program at any time for any reason in Propel’s sole discretion, including without limitation, if you (i) violate this Agreement; (ii) violate the Propel Terms of Use or the terms of any other agreement(s) between you and Propel; (iii) act in a manner inconsistent with applicable laws; (iv) engage in any misconduct or wrongdoing in connection with your Account, this Program, or other services offered by Propel; (v) misuse, manufacture or otherwise fraudulently use, receive, or attempt to use or receive, a qualifying Federal Benefit; (vi) engage in any fraudulent or inappropriate use of your Account that is outside the typical usage of a bank account; or (vii) terminate your Providers Card or account with Sutton Bank.

16. ATTORNEY’S FEES AND OTHER COSTS.

If it becomes necessary to take civil action to enforce this Agreement and a judgment is obtained against you, you agree to pay costs and expenses in connection with said enforcement, including without limitation, reasonable attorneys’ fees, to the extent permitted by law.

17. SOCIAL SECURITY INCOME; RELIANCE.

You and we acknowledge that this Agreement is a loan agreement and the Advance Deposit constitutes a bona fide loan made in good faith, which you agree to repay and that is legally valid under the law governing this Agreement. You further acknowledge that, pursuant to 20 CFR 416.1103(f), cash proceeds are a “resource” if retained by the borrower in the month following the month of receipt, and that your receipt of this loan may impact your eligibility for Social Security Income accordingly. You acknowledge and agree that we do not or have not provided you with any tax, accounting, legal or other professional or expert advice of any kind, nor will you treat or rely on any information provided to you by us as such.

18. COVERED BORROWERS UNDER THE MILITARY LENDING ACT.

Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).Notwithstanding any other provision of this Agreement, the arbitration provisions of Propel Terms of Use shall not apply to a "covered borrower" under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g). Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act. To hear these disclosures over the telephone, call the following toll-free number: 866-393-6447

19. GENERAL WAIVERS.

To the extent permitted by law, you severally waive any required notice of presentment, demand, acceleration, intent to accelerate, protest, and any other notice and defense due to extensions of time or other indulgence by us. No failure or delay on our part, and no course of dealing between you and us, shall operate as a waiver of such power or right, nor shall any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right.

20. SEVERABILITY.

If a court of competent jurisdiction determines any term or provision of this Agreement is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest of this Agreement without invalidating the remainder of either the affected provision or this Agreement.

21. HEADINGS.

The headings preceding text in this Agreement are for the general convenience in identifying subject matter but have no limiting impact on the text which follows any particular heading.

22. RESIDENCE; GOVERNING LAW.

You represent that you reside at the legal address for your Providers Card and that such address is located in one of the following jurisdictions: Alabama, Arkansas, Arizona, Colorado, Connecticut, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, or Wisconsin. You agree that this Agreement will be governed by the laws of Delaware. Further, please note that the separately agreed to Propel Terms of Use contains an agreement to arbitrate governed by the Federal Arbitration Act.

23. PROPEL TERMS.

This Agreement incorporates by reference all terms and conditions of the Propel Terms of Use (available at https://www.joinproviders.com/providers-card/en/terms-of-use/), including the arbitration provision requiring all disputes to be resolved by way of binding arbitration, and Privacy Policy (available at https://www.joinproviders.com/providers/en/privacy-policy/), unless explicitly superseded by this Agreement. In the event of a conflict between the terms of this Agreement and of the Propel Terms of Use or Privacy Policy, this Agreement shall govern with respect to the subject matter of such conflicting terms.

24. ORAL AGREEMENTS DISCLAIMER.

This Agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.

By selecting “I Accept the Terms”, you acknowledge that you are applying for a one-time SSA Advance. You further acknowledge that you agree to the terms of this Agreement, the Propel Terms of Use, and our Privacy Policy. You warrant that you are not a debtor under any proceeding in bankruptcy and have no intention to file a petition for relief under any chapter of the United States Bankruptcy Code. You represent that the information you provided to us prior to entering into this Agreement is and remains true, accurate, and complete in all respects.