Legal

Terms of Service for Frank, Inc.

This User Agreement ("Agreement") is a contract between you and Frank, Inc. ("Company") and applies to your use of Company's services (“Services”). By checking the box to agree to these terms, saving a payment method (e.g., bank account, credit card) to Frank or by using Frank (whether through the Frank website or on another method), you agree that you have read, agree with and accept all of the terms and conditions in this Agreement (as well as our Privacy Policy ("Privacy Policy") which is available at www.hifrank.com and is incorporated in this Agreement by this reference.

1. Eligibility

You must be a resident of the United States and 18 years or older to use the Services. You must use the service in the United States.

2. Money Put on Frank a Gift, Not An Investment

Users acknowledge that money placed onto the Frank platform IS NOT AN INVESTMENT AND/OR SECURITY and THERE IS NO EXPECTATION OF PROFIT. Any money put on the platform is a gift from one member of the group to other members and potential members who may receive the gift.

3. No Contractual Obligation Between Frank Members

Users acknowledge that there is no contract, implied or express, with other group members regarding money put on the Frank platform.

4. Withdrawal of Right to Sue

Users agree not to sue Frank and/or other parties for collection of funds deposited to their groups that are withdrawn and not replaced by other Frank users.

5. Notices to Company

Notice to Company must be sent by postal mail to: Frank Inc, Attention: Legal Department, 115 W 18th St, NY, NY, 10011

6. Disclosures to You

By Providing Company an email address and/or phone number you consent to receiving emails and/or calls from Company at that address should the need arise. However, we will never call you for promotional purposes.

7. Intellectual Property

"hifrank.com", "Frank", and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Company or its licensors. You may not copy, imitate or use them without Company's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Company through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the Service or display them in any manner that implies Company's sponsorship or endorsement. All right, title and interest in and to the Frank website and any content thereon is the exclusive property of Company and its licensors.

Certain other product or service names, brand names and company names may be trademarks of their respective owners.

8. Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

If you receive information about another Frank user through the service, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a Frank user's information to a third party or use the information for marketing purposes unless you receive the user's express consent to do so.

9. Loss or Theft of Account Information

If you believe that any of your Frank account registration information has been lost or stolen, or if your account history shows transfers that you did not make, you must immediately contact Company via the Contact Us information below or by email to info@hifrank.com. We will shut down your account and prevent transfers. We will not reimburse or have liability related to breaches of this nature.

10. Taxes

It is your responsibility to determine what, if any, taxes apply to money you transfer in or out of a Frank account, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

11. Restricted Activities

In connection with your use of our website, your account, or the Services, or in the course of your interactions with Company, a user or a third party, you will not:

  • breach this Agreement, Vendor Agreements, or any other Agreement that you have entered into with Company (including a policy);
  • violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
  • infringe Company's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • provide false, inaccurate or misleading Personal Information;
  • create more than one Frank account for yourself, through, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified Personal Information;
  • send or receive what we reasonably believe to be potentially fraudulent funds;
  • refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
  • attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Company and the recipient of funds, bank, or credit card issuer for the same transaction;
  • use an anonymizing proxy;
  • control an account that is linked to another account that has engaged in any of these restricted activities;
  • control or possess more than one account without authorization from Company;
  • conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Company, a user, a third party or you;
  • use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
  • use your account or the services in a manner that Company or vendors reasonably believe to be an abuse of the ACH system, credit card system or a violation of ACH or credit card association rules;
  • disclose or distribute another Frank user's Personal Information to a third party, or use the information for marketing purposes unless you receive the users express consent to do so;
  • send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
  • use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  • use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
  • take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
  • enter in side agreements with Frank members regarding activity on the Frank platform;
  • use the Service to test bank, ACH or credit card behaviors.
  • access or attempt to access Frank systems, programs, or data that are not made available for public use copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way material from Frank permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau, or other arrangement
  • transfer any rights granted to you under this Agreement
  • work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service - or decompile, disassemble, or otherwise reverse engineer the Service - except to the extent that such restriction is expressly prohibited by law
  • perform or attempt to perform any actions that would interfere with the normal operation of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure
  • Engage in use of Frank for prohibited sectors:
  • Investment & credit services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; lending instruments
  • Money and legal services: Money transmitters, check cashing, wire transfers, money orders; currency exchanges or dealers; bail bonds; collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm (e.g., firms cannot use Stripe to hold client funds, collection or settlement amounts, disputed funds, etc.)
  • Virtual currency or stored value: Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone other than the seller
  • Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance
  • Payment for Prohibited Businesses: As means of paying for prohibited services including but not limited to get rich quick schemes (Investment opportunities or other services that promise high rewards), No-value-added services (Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers), Drug paraphernalia (Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs), high risk businesses (Bankruptcy lawyers; computer technical support; psychic services; travel reservation services and clubs; airlines; cruises; timeshares; prepaid phone cards, phone services, and cell phones; telemarketing, telecommunications equipment and telephone sales; drop shipping; forwarding brokers; negative response marketing; credit card and identity theft protection; the use of credit to pay for lending services; any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies), multi-level marketing (Pyramid schemes, network marketing, and referral marketing programs), pseudo pharmceuticals (Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body), social media activity (Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity), substances designed to mimic drugs (Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)), video game or virtual world credits (Sale of in-game currency unless the merchant is the operator of the virtual world)
  • Aggregation: Engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds

12. Acceptable Use

You agree you will not use the Services to violate any law, statute, ordinance or regulation Relating to sales of:

  • counterfeit goods;
  • narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
  • drug paraphernalia,
  • items that encourage, promote, facilitate or instruct others to engage in illegal activity,
  • items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
  • items that are considered obscene,
  • items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
  • certain sexually oriented materials or services,
  • ammunition, firearms, or certain firearm parts or accessories, or certain weapons or knives regulated under applicable law
Relating to transactions that:
  • show the personal information of third parties in violation of applicable law,
  • support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs,
  • are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
  • are for the sale of certain items before the seller has control or possession of the item,
  • are by payment processors to collect payments on behalf of merchants,
  • are associated with the sale of traveler's checks or money orders,
  • involve currency exchanges or check cashing businesses or digital currencies such as bitcoins, or
  • provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
  • are otherwise related to illegal activity, gambling, pornography, obscene material or otherwise objectionable content or activities,
Violating applicable laws or industry regulations regarding the sale of:
  • tobacco products, or
  • prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Frank and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law. provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

13. Legal Compliance

You are solely responsible for ensuring that your use of the Services is in conformance with applicable federal, state and local laws and regulations. By using the Services, you warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Your Liability - Actions We May Take

You are solely responsible for ensuring that your use of the Services is in conformance with applicable federal, state and local laws and regulations. By using the Services, you warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

a. Your Liability

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Company, a Frank user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse Company, a user, or a third party for any and all such liability.

You acknowledge that you are responsible for the accuracy of all money sent using Frank, including but not limited to the accuracy of the amount paid, the date, and the recipient. Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.

b. Actions by Company

If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect Company, another Frank user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

  • We may close, suspend, or limit your access to your account or the Services (such as limiting access to any of your groups, and your ability to send money, make withdrawals, or remove financial information);
  • we may contact users who have money into your pot, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
  • may update inaccurate information you provided us;
  • we may refuse to provide our Services to you in the future;
  • we may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability;
  • and we may take legal action against you.

Company, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.

15. Account Closure, Termination of Service, or Limited Account Access

If we limit or close your account or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion.

You may stop using the Service at any time or may close your accounts by contacting us. Company, in its sole discretion, reserves the right to terminate the Services, to terminate this Agreement, or to terminate your access to the Services for any reason and at any time. If we terminate or limit your use of our Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions via email.

16. Policy Violation - User Fines

If Company incurs any damages because you violate our policies, break any laws, or otherwise cause Company to suffer any damages or incur any expenses then we may hold your funds up to 180 days, fine you for each such violation and take legal action against you to recover additional losses, investigation costs, finds, or legal fees we may incur. You acknowledge and agree that a fine of US $2,500.00 for violations of our Agreement is presently a reasonable minimum estimate of Company's damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Company that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Company may deduct such fines directly from any existing balance in the offending account, or any other Frank account you control.

17. Disputes with Company

a. Dispute with Company

If a dispute arises between you and Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Company regarding our services may be reported by emailing us.

b. Law and Forum for Disputes; Arbitration

This User Agreement shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions, except to the extent that federal law applies.

ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, Company will pay the costs of the arbitration (but not your attorney fees), up to $500.

This User Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings.

There are only two exceptions to this arbitration Agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in New York City, New York, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating such claims or disputes.

c. Waiver of Right to Jury; Class Action Waiver

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

18. Limitations on Liability

Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, Company's cumulative liability to you for any claims or damages arising out of or related to your use of any Frank service shall not exceed the greater of the fee you paid to Company for the use of the service or $1.00 USD.

These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or Company or a Covered Third Party knew or should have known about the possibility of the damages.

These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.

Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

19. Disclaimers of Warranty; Damages Exclusions

Unless otherwise prohibited by law, you assume all responsibility for your use of Frank and any other service provided under this Agreement and use it at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Company does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs or other harmful components. On behalf of Company, and each of our respective third parties, affiliates, vendors, agents and suppliers, Company makes the following disclaimers set forth in this section: the services are provided on an "as is", "as available" and "with all faults" basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Company or any of the Covered Third Parties. Neither Company nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or other device.

Neither Company, nor third parties nor any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

Company does not have any control over any products or services that result from with our services and Company cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so.

Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Company makes no representations or warranties regarding the amount of time needed to complete processing because Company is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

20. License Grant

Certain of the Services require the use of software and software applications provided to you by Company (collectively "Software"). Company and its licensors grant you a limited, nonexclusive license to use Company's Software in the United States that we provide to you solely in accordance with this Agreement and any user documentation we may provide, including all updates, upgrades, new versions and replacements of the Software (all of which become part of the "Software") for your personal use only in accordance with this Agreement. If the Software will be downloaded to a mobile device, this license extends to your use of the Software on a device that you own or control, as long as your use is permitted by the usage rules set forth for your particular device (for example, the Apple App Store Terms of Use). You may not rent, lease or otherwise transfer your rights in the Software to a third party. You must comply with the implementation and use requirements for the Software contained in this Agreement or in any Services documentation we provide to you. If you do not comply with such implementation and use requirements, you will be liable for all resulting damages suffered by you, Company or any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Company's software are owned by Company. Your rights to use the Software cease immediately upon termination of this Agreement and you must delete all of your copies of the Software.

21. Indemnification

You agree to defend, indemnify and hold harmless Company and its parent, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.

22. Assumption of Rights

If Company makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your payment, you agree that Company assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Company's discretion.

23. Release of Company

If you have a dispute with one or more Frank user regarding funds, Frank is not responsible for any such dispute and you hereby release Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

24. Account Errors

If your account history shows transfers you did not make, you must immediately contact Company via the Contact Us information below or by email to info@hifrank.com. If you do not contact Company within 60 days after the account history showing the unauthorized transfer was made, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. Business Days include all days on which the New York Federal Reserve Bank is open for business.

Anti-Money Laundering Policy

Our policy is to make all reasonable efforts to detect people engaged in money laundering, fraud, terrorist financing, and other financial crimes, and to prevent them from using our service.

As part of our AML Compliance Program we are required to obtain and record information and documentation that helps confirm your identity or provides additional information regarding your business or account activity. We do this to satisfy our Know Your Customer requirements.

If we cannot confirm this information electronically we may require documents to verify your identity:

  • A legal government-issued, identifying document with the picture of the user on it. It may be a government-issued passport, driver's license or ID card; and
  • A utility bill with the user's own name and actual address on it no older than 3 months. It may be a utility bill, bank statement, affidavit, or other bill from a verifiable company
  • Other applicable information as required

We may ask for this information during account opening or as part of our account review process, which we periodically conduct on our existing users. We also may request information from you as a result of our OFAC screening or if you apply for new products, services or account enhancements.

If you have any questions, feel free to contact us at Compliance@hifrank.com.

Consent to Receive Electronic Disclosures

By accepting this Consent as indicated below, you, the person or entity applying for a Frank, Inc. (“Frank” or “We”) account, consent to receive and view disclosures, notices, statements and other communications (collectively, “Disclosures”) from us relating to your eligible Frank accounts (“Account(s)”) electronically by any of the following means:

  • Text to your mobile phone number (which may include a link to a new Disclosure on the Frank website (“Website”),
  • To your email (or social media network), or
  • Notifications from our Web or mobile application (“Application”).

Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Disclosures will include, but may not be limited to, the following:

  • The Frank Website, Privacy Policy, and the User Agreement (“Policies and Agreements”);
  • Disclosures and/or amendments we may provide you under our Policies and Agreements;
  • Balance, activity and any other information on your Account(s),
  • Periodic statements, receipts, confirmations, authorizations and transaction history for your Account(s);
  • Disclosures regarding the resolution of any claimed error on your periodic statements; and
  • Disclosures required or permitted by law or regulation.

Your Right to Revoke Consent. Your consent is effective until further notice by us or until you revoke your consent to receive electronic Disclosures. You may revoke your consent to receive electronic Disclosures at any time either by clicking the “Contact Us” button at the bottom of this page or submitting your request in writing to: “Consent to Electronic Disclosure Policy”, Frank 115W 18th St, NY, NY, 10011.

If you do not consent or if you withdraw your consent, we reserve the right to refuse to accept your Account application, to cancel your Account, place your Account on inactive status, or to provide a paper copy of Disclosures. If you request a paper copy of a Disclosure within 180 days of the date of the Disclosure and we elect to send you a paper copy, we will waive our standard Disclosure Request Fee for the first two requests. After that, any additional Disclosure Requests may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.

SYSTEM REQUIREMENTS: In order to receive Disclosures, whether by text or email, you need to have a means of printing or storing them. So, in addition to having and email address and phone number you must have the following:

  • Computer or mobile device with Internet connection;
  • A current web browser with cookies enabled;
  • A valid email address on file in your Account profile;
  • Ability to store or print the Disclosures; and
  • if you use a spam blocker, you must add frank@hifrank.com to your email address book or whitelist

We reserve the right to change these System Requirements and will provide you with a Disclosure when we make a material change to the System Requirements.

Receiving Texts and emails. In order to receive Disclosures, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to determine your Account is inactive or take other actions as set forth in the User Agreement. You will not be able to conduct any transactions in your Account until you update your mobile phone or email address in your Account profile.

Reservation of Rights. We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your Account profile. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge the Disclosure Request Fee and to increase this fee in our discretion.

Print Disclosures. We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online at a later date.

Your Consent. By clicking on the “I Agree” button below, which you adopt as your electronic signature, you agree that (i) we may provide Disclosures to you electronically, on the terms and conditions set forth in this Consent, (ii) the consent shall last until you revoke your consent, and (iii) you meet the System Requirements specified above. If you do not wish to receive Disclosures electronically, please click on the “No Thanks” button below. By clicking on the “No Thanks” button below, you understand you may not be able to open an Account or you may be charged a Disclosure Request Fee for paper delivery.

General. You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.

Contact us. Except as otherwise provided by law or other agreement between you and us, you may provide us with notices regarding your Accounts by clicking the “Contact Us” link at the bottom of this page, contacting compliance@hifrank.com or contacting us at Frank, Inc. 115 W 18th St, NY, NY, 10011.