MoneyLion Terms of Service
Updated: April 5, 2023
PLEASE READ CAREFULLY BEFORE USING OUR SITE OR THE MONEYLION APP OR ANY OF OUR SERVICES. THESE TERMS INCLUDE AN ARBITRATION PROVISION WITH CLASS ACTION AND JURY TRIAL WAIVERS.
Our Site and the MoneyLion App are operated by MoneyLion Technologies Inc., its affiliates and agents. All references to “MoneyLion,” “we” or “our” in these MoneyLion Terms shall include affiliates, which shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, MoneyLion Technologies Inc.
1. Other Terms May Apply
We offer access to certain products and services through the MoneyLion Platform, including, but not limited to, Financial Services (as defined below) (collectively, “Services”). Services accessed through the MoneyLion Platform may be offered by us or by, or in conjunction with, third-party bank or other partners. Access to these Services may be subject to additional terms and conditions or other agreements specific to these Services (“Additional Terms”). These MoneyLion Terms hereby incorporate any Additional Terms to which you may agree by reference. If there is a conflict between these MoneyLion Terms and the Additional Terms, such other Additional Terms will take precedence with respect to the specific aspects of the Service to which it applies.
2. These Terms May Change
We may update and amend these MoneyLion Terms from time to time in our sole discretion, including by adding, deleting or modifying terms, which will be effective when posted on any part of the MoneyLion Platform. Every time you wish to use our Site or the MoneyLion App, please check these MoneyLion Terms to ensure you understand the terms that apply to you at that time. Your continued use of the Site or the MoneyLion App after the posting of any changes to these MoneyLion Terms will mean that you accept and agree to the changes.
3. How to Access Our Services
In order to access or use any of our Services, you will be required to log into the Site or the MoneyLion App and create an account (your “MoneyLion Account”). To be eligible to use our Services, you must:
- Be located in the United States – The MoneyLion Platform and our Services are intended to be made available only to individuals who are legal residents of the fifty (50) United States or the District of Columbia. Nothing on the MoneyLion Platform shall be considered a solicitation to sell products or services to any non-U.S. persons or to subject us to non-U.S. laws or regulations.
- Be of legal age in your state of residence – You must be at least 18 years old (or 19 years in Alabama or Nebraska) to use our Site or the MoneyLion App or any of our Services.
- Provide your full legal name and have a valid and unique email address.
We offer access to certain financial products and services (“Financial Services”) that may require establishing accounts through our Site or the MoneyLion App, and which may be with a MoneyLion entity or a third-party financial institution partner. Accessing and maintaining accounts to access these Financial Services may be subject to additional eligibility requirements and to Additional Terms, which will be disclosed to you before you sign up. We do not guarantee that you will qualify or be able to use any particular Financial Service, even if your MoneyLion Account is in good standing.
Our Services May Change
We reserve the right to withdraw or amend any portion of our Site or the MoneyLion App, and any Services we provide on or through the MoneyLion Platform, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the MoneyLion Platform or the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the MoneyLion Platform or all of it, or the Services or any part thereof, to users, including registered MoneyLion Account users.
4. Your Responsibilities
A. Account Security
You are responsible for maintaining the security of the login credentials for your MoneyLion Account. You should treat your login credentials, such as your name, username or password as confidential, and you agree not to provide any other person with access to any password-protected portion of the MoneyLion Platform except as set forth in this Section.
Your MoneyLion Account may include personal and sensitive information, including financial information. You agree that you are solely responsible for all activities that occur in connection with your MoneyLion Account, username, and password. If you authorize a third party to access your MoneyLion Account, then we may disclose your information with such third party or accept payments made on your behalf from such third party. Granting a third party authorization to take action on your behalf or use your information does not relieve you of any responsibilities under these MoneyLion Terms.
You must immediately notify us of any unauthorized use of your MoneyLion Account, password, username, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this Section.
B. Providing Accurate and Updated Information
You certify that the information you provide to us at any point, including in connection with the registration process of your MoneyLion Account or with the use of our Site, the MoneyLion App or any Services, is true, accurate, current, and complete. You agree that you will maintain and update such information regularly.
You also agree to provide any information or documentation reasonably requested by us to verify your identity and other information provided by you. You agree that we or our agents may contact third parties to verify such information, including consumer reporting agencies, and you authorize us to share any information we collect about you with third-party sources or service providers to help us with these verification procedures.
C. Your RoarTag
When creating a MoneyLion Account, you are assigned a unique alpha-numeric name to identify yourself on the MoneyLion Platform (a “RoarTag”). If you have been assigned a RoarTag, you may subsequently change your RoarTag by going to your Profile in the MoneyLion App and following the prompts. You may not select a RoarTag that misleads or deceives others as to your personal identity or creates an undue risk of chargebacks or mistaken payments, in our sole discretion. You also may not select a RoarTag that contain the words “MoneyLion” or “Admin” or any similar words. We may require you to change your RoarTag at our sole discretion, and we may deactivate your MoneyLion Account, or reclaim or make unavailable your RoarTag, without liability to you.
D. User Content
If you post or upload any content, data or other materials to our Site or the MoneyLion App, or if you engage with any posted content in the MoneyLion Platform, including but not limited to, by commenting or liking on anyone else’s posted content (together, “User Content”), then you represent and warrant to us that you own all right, title and interest in your User Content, and that you have the authority or license to post, upload or otherwise share your User Content with MoneyLion. You retain all your ownership rights in your User Content, but by uploading or submitting any User Content to the Site or the MoneyLion App, you grant us a non-exclusive, transferable, unlimited, worldwide, irrevocable, sub-licensable and royalty free license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and store that User Content and to distribute and make it available to third parties for the purposes of providing, developing, optimizing, providing you with insights, improving and promoting our Site, the MoneyLion App or any of our Services, or any other products or services whether offered by MoneyLion or a third party that may be relevant to your User Content. You further grant us a royalty-free license to use your RoarTag, image, voice, and likeness, to identify you as the source of any of your User Content.
You acknowledge that by posting User Content to or through the MoneyLion Platform, your RoarTag and any other User Content you provide may be visible to other MoneyLion users. Any User Content will be considered non-confidential. You must not post or otherwise transmit any User Content through the MoneyLion Platform that you consider to be confidential, including but not limited to, your personal information or any specific financial information, e.g., your bank account details.
You also agree not to post, upload, create or publish through the MoneyLion Platform any User Content that:
- Is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;
- Is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
- May infringe or violate any patent, trademark, trade secret, copyright, or other intellectual or other right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Contains or depicts private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers;
- Designed to deceive or trick a user of the Site, the MoneyLion App, or any of the Services; or
- In our sole judgment, is objectionable.
We have the right to remove any User Content you upload or publish if we determine in our sole discretion that your User Content does not comply with the above standards, otherwise violates a third party’s rights, these MoneyLion Terms or any other applicable laws or regulations, or in response to complaints from other users or third parties, with or without notice and without any liability to you. We also have the right to disclose your identity to any third party who is claiming that your User Content is a violation of their intellectual property rights, or of their rights to privacy.
Unless otherwise indicated, if you send or transmit any communications, comments, questions, suggestions or related content to MoneyLion, whether through the Site, the MoneyLion App or otherwise by mail, e-mail, telephone, or otherwise, suggesting or recommending changes to the Site, the MoneyLion App, or the Services (“Feedback”), then you agree that notwithstanding anything to the contrary in these MoneyLion Terms, any Feedback provided is entirely voluntary and will be our property. Any Feedback you provide to us are non-confidential and we may use them without any restriction or compensation to you.
In addition, you acknowledge and agree that when you view User Content provided by others in the MoneyLion Platform or in the Services, you are doing so at your own risk. You acknowledge that the information and materials in the User Content have not been verified or approved by MoneyLion, and that MoneyLion has no obligation to pre-screen, monitor, review or edit any User Content posted by you or other users on the MoneyLion Platform. By using the MoneyLion Platform or any of the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to your User Content. The views expressed by other users on or through the MoneyLion Platform or any of our Services do not represent our views or values. If you wish to complain about any User Content provided by others, please contact our Customer Support team.
E. Prohibited Activities
While using the Site or the MoneyLion App, you agree to comply with all applicable laws, rules and regulations, in addition to these MoneyLion Terms. We reserve the right to terminate your access to or use of the Site or the MoneyLion App, any of the Services or your MoneyLion Account (or any part thereof) if you fail to comply with any such law, regulation or rule or these MoneyLion Terms.
You also agree not to use, or to assist or enable any others to use the Site, the MoneyLion App, your MoneyLion Account or any of the Services for any unlawful or fraudulent activity. This includes, but is not limited to the following:
- Breach any applicable laws or regulations, agreements with third parties, third-party rights, or agreements with us or any of our third-party partners, including these MoneyLion Terms and any Additional Terms;
- Sell or offer, or do any activity that can be construed as to sell or offer, or attempt to sell or offer, (i) pornography and other obscene materials, sexually-related services such as prostitution, escorts, pay-per-view, or adult live chat features; (ii) tobacco, weapons, or other regulated products or any other products that may have varying legal statuses, including on a state-by-state basis, (iii) unproven or risky health products or services; (iv) counterfeit goods or services, brand name or designer products or services in a way that is unauthorized, or goods or services that are illegally imported or exported or which are stolen; (v) deceptive or predatory products or services; (vi) any other goods or services as part of any pyramid scheme, network marketing or referral marketing programs; (vii) any other risky goods or services, as determined by us in our sole discretion;
- Provide false, inaccurate or misleading information to us or any of our third-party partners;
- Use any device, software, routine, file, or other tool or technology, including but not limited to any viruses, Trojan Horses, worms, time bombs or cancelbots, intended to damage or interfere with any of the Services or service to any user, host or network, or otherwise attempt to disrupt our business, or to surreptitiously intercept or expropriate any system, data, or personal information from the Site, the MoneyLion App, any of the Services, or the MoneyLion network;
- Probe, scan, or test the vulnerability of this Site, the MoneyLion App, or the MoneyLion network or breach security or authentication measures without proper authorization;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam”, “flooding”, “mail bombing”, “crashing”, or any other such unsolicited overload technique;
- Send unsolicited mail, including promotions and/or advertising of products and services;
- Attempt to use or launch any automated system, including robots, spiders, intelligent agents, software, tools, engineers, or other means to navigate or search the Site or the MoneyLion App other than those generally available through third-party web browsers such as Microsoft Explorer or Google Chrome;
- Commit unauthorized use of the Site, the MoneyLion App, your MoneyLion Account or any of the Services, including but not limited to, unauthorized entry into our systems, access data that is not intended for you, misuse of passwords, or misuses of any information posted to the Site or the MoneyLion App;
- Modify, copy, distribute, publish, license or sell the Site, the MoneyLion App or any of the Services or any derivative work based on the foregoing;
- Otherwise invade the privacy of, obtain the identity of, or obtain any personal information about any other customer or user of the Site, the MoneyLion App, or any of the Services; or
- Use the Site, the MoneyLion App or any of the Services for competitive purposes, including to reverse engineer, decompile, or otherwise translate any part of the MoneyLion Platform, our Services or any of our technology or to engage in mystery shopping.
Violations of system or network security may result in termination of your account and civil or criminal liability.
F. Copyright Complaints
We respect the intellectual property rights of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user who uses the MoneyLion Platform (or any part thereof) to infringe the rights of others.
The Digital Millennium Copyright Act of 1988 (the “DMCA”) provides recourse for copyright owners who believe that their rights have been infringed. If you believe that your work has been copied in a way that constitutes a copyright infringement or are aware of someone doing so, please contact us in the manner described below and include the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner;
- Identification of the copyrighted work claimed to have been infringed (please provide a list if multiple copyrighted works are covered);
- Identification of the material that is claimed to be infringing or the subject of the infringing activity, and information reasonably sufficient so that we can locate it on the MoneyLion Platform;
- Your name, mailing address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Upon receipt of any notice, we will take whatever action that we deem appropriate in our sole discretion, including the removal of the challenged material from the MoneyLion Platform.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter notice. Counter notices should also be sent to us in the manner described below.
ATTN: Notice of Copyright Infringement
30 West 21st Street, 9th Floor
New York, NY 10010
email: [email protected] (please include “Notice of Copyright Infringement” in the subject line)
5. Content and Other Materials in Our Site
A. Third-Party Content
The influencer, creator and other content provided in the MoneyLion Platform, which may include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software, User Content, and other content, and which may belong to or originate from either MoneyLion or third parties (“Content”) is for informational and entertainment purposes only and should not be construed as legal, tax, investment, financial, or other advice. You acknowledge that, while some Content may be shown to you based on information provided by you to us or responsive to such information, all Content is intended to be of a general nature, does not address the circumstances of any particular individual or entity, and may not constitute a comprehensive or complete statement of the matters discussed. MoneyLion is not a fiduciary by virtue of any person’s use of or reliance on the Content. You should consult an appropriate professional or specialist if you require any legal, tax, investment, financial or other advice.
Where the Content belongs to or originates from a third party, including any User Content (“Third-Party Content”), we make no representations, warranties or guarantees, whether express or implied, that such Third-Party Content is accurate, complete or up to date. The information or materials provided in such Third-Party Content may not have been verified or approved by us, and the views expressed by such third parties do not represent our views and values.
Third-Party Content may contain links to other websites, mobile applications or resources provided by non-affiliated third parties. In addition, the MoneyLion Platform provides users with access to offers and deals offered by MoneyLion’s third-party partners, which may include deals and rewards that facilitate savings on purchases, as well as for other financial or non-financial products and services, including those not offered by MoneyLion itself. Such third-party materials, resources, products or services may be offered to you based on information you have provided to MoneyLion, and may be offered to you at no additional cost or for a specified fee. You acknowledge that MoneyLion does not provide, nor does it warrant or guarantee, any third-party product, service, information, or recommendation. All rates, fees, and terms are presented without guarantee and are subject to change pursuant to each provider’s discretion and may not be available in all states or for all types of products offered. There is no guarantee that you will be approved or qualify for the advertised rates, fees, or terms presented. The third parties providing these products, services or information are solely responsible for them, as well as other content on their websites or mobile applications. MoneyLion is not liable for any third party’s failure with regard to those advertised products, services, or information. If you choose to access or use any third-party products, services, information, websites, or mobile applications, you understand that such access or use will be subject to the terms and conditions and privacy policies of the appropriate third party, which may differ from MoneyLion’s. You should check individual offers, products and services to become familiar with any applicable terms or conditions that may apply before accessing or using such products, services, or information.
MoneyLion may receive compensation from third parties for referring you to the third party, their products or services or to their website. This compensation may impact how and where products appear on the MoneyLion Platform, including, for example, the order in which they may appear within listing categories. MoneyLion may not include all products or offers that may be available to you. We will never submit an application for a financial product or service on your behalf without your express consent.
B. ML Wealth Services and Content – General Information Only – No Investment Recommendation or Advice
Our subsidiary, ML Wealth LLC (“ML Wealth”), provides its discretionary and non-discretionary investment advisory services only through the MoneyLion Platform to individuals who become ML Wealth clients pursuant to a written investment advisory agreement. Articles, commentaries, investment plans and other content, including any Content as defined above, provided on the MoneyLion Platform are provided for illustrative or educational purposes only and do not constitute investment, legal or tax advice, or an offer to buy, sell or hold any security. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content or other information on the MoneyLion Platform.
If you are a ML Wealth client, you acknowledge that the value of your investment may fluctuate over time, and you may gain or lose money. Each client’s investment results can vary based on their specific account holdings. Forecasts or projections of investment outcomes are estimates only, and are based upon numerous assumptions about future capital market returns and economic factors. As estimates, they are imprecise and hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS, AND ANY EXPECTED RETURNS OR HYPOTHETICAL PROJECTIONS MAY NOT REFLECT ACTUAL FUTURE PERFORMANCE. FURTHERMORE, PAST RETURNS MAY REFLECT THE PERFORMANCE OF ASSETS FOR A FINITE TIME, OR DURING A PERIOD OF EXTREME MARKET ACTIVITY. ALL INVESTMENTS INVOLVE RISK AND MAY LOSE MONEY. There can be no assurance that your portfolio of securities will provide positive performance over any period of time. Please read ML Wealth’s Form ADV Part 2 (Brochure) carefully prior to becoming a client.
6. Collection and Use of Financial Information
We use service providers, including Plaid Technologies Inc. (“Plaid”), to gather end user data from financial institutions, e.g., to link your Linked Account. By using our Services, you grant us and these service providers, including Plaid, the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by these service providers in accordance with their privacy policies.
By linking any Linked Account, you represent and warrant to MoneyLion and its service providers that you are the legal owner of the Linked Account, that you have the right to disclose your login credentials for such Linked Account if needed, and that you have the right to grant the authorizations in this Section 6 with regard to such Linked Account. You acknowledge that the services provided by these service providers are provided “as is” and for general informational purposes only. You acknowledge that MoneyLion and its service providers are not responsible and are not liable for any acts, errors, or omissions by the financial institutions at which you maintain your Linked Account(s), or for the accuracy, completeness, availability or timeliness of the information provided by such institutions, or for any investment or other decisions you make using the information provided.
A. Use of Financial Information
YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR SERVICE PROVIDERS OR PARTNERS ARE ACCESSING AND RETRIEVING INFORMATION FROM THIRD-PARTY SITES, WE AND OUR SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
B. Retention of Financial Information
We reserve the right to remove, delete, block, edit or modify any Transaction Data in our possession at any time, subject to applicable regulatory retention requirements, without prior notice and in our sole discretion for any reason or no reason. We have no obligation to retain or delete any of your Transaction Data beyond any applicable regulatory retention periods to which we are subject.
C. Right to Opt Out
By following the same steps, you may also more generally withdraw your consent to the collection and use of Transaction Data as described above. You can also do so by removing your Linked Account(s) from the MoneyLion Platform. To the extent permitted by applicable law, your withdrawal of consent to the collection and use of Transaction Data as described above may impact your ability to access the Services provided by or through MoneyLion and/or may result in the closure of your MoneyLion Account. Please note that there are applicable laws that require us to keep certain forms of data for recordkeeping purposes and/or to complete any transactions that you began prior to your request.
You authorize us and our affiliates, agents, representatives, assigns, successors, and service providers (including attorneys and collection companies), or anyone calling or contacting on our behalf or our assigns’ and successors’ behalf (collectively, the “Messaging Parties”) to contact you using automated telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, and automated e-mail systems in order to provide you with information about the Services, your MoneyLion Account, Financial Services Accounts, account/loan servicing communications, collection notices, or with any other transactional messages. You authorize the Messaging Parties to make such contacts using the telephone number (including wireless, landline and VOIP numbers) or e-mail address associated with your account and that you have supplied to the Messaging Parties, and you acknowledge that such communications could also be sent via push notifications in the MoneyLion App. Automated messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else. In the event that an agent or representative calls, he or she may leave a message on your answering machine, voice mail, or send one via text. You understand that anyone with access to your telephone or your e-mail account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that you may incur charges from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. However, we are not under any obligation to monitor, record, retain, or reproduce such recordings, unless required by applicable laws. You agree that this consent forms part of a bargained-for exchange. If you have the right to revoke text messages and calls to your cell phone or to revoke artificial or prerecorded voice message system calls, you may exercise this right only by calling the Messaging Parties at 1-844-224-0087; emailing [email protected], or, to stop text messages, by replying “STOP” to any text message the Messaging Parties send you. To the extent permitted by applicable law, you may not revoke your consent to receiving servicing or collection notices or any other transactional communications about your MoneyLion Account or use of Services.
8. Failure to Comply with MoneyLion Terms; Termination
We may suspend or terminate your MoneyLion Account, and/or deny you access to use the Site or the MoneyLion App, or any of our Services, without prior notice, if you engage in any conduct that we believe, in our discretion: (1) violates any part of these MoneyLion Terms, (2) violates our rights or those of third parties, (3) fails to comply with any laws or regulations, or (4) is otherwise considered inappropriate. These MoneyLion Terms will continue to apply even if you are suspended or terminated.
You have the right to terminate these MoneyLion Terms by reaching out to us at 1-844-224-0087 to deactivate your MoneyLion Account. Please note that there may be prerequisites to your ability to terminate depending on which Financial Services you have accessed or used or which Financial Services Accounts remain open. See the applicable Additional Terms for more information.
9. Legal Bits
A. Intellectual Property
We and our licensors exclusively own all right, title and interest in the MoneyLion Platform, the Services, as well as all Content, materials or information pertaining to or contained on the Site or in the MoneyLion App (except for User Content), and all intellectual property rights associated with the above (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks, but excluding your User Content) (together, our “Intellectual Property”). As long as you comply with these MoneyLion Terms, we grant you a personal, non-exclusive, non-transferable, limited and revocable license to enter and use the MoneyLion Platform, and access the Services. This license is for your personal use and not for any commercial or business purpose. Copying, redistributing, or publishing any part of our Intellectual Property is strictly prohibited, unless otherwise permitted by these MoneyLion Terms.
B. Disclaimer of Warranties
THE SITE, THE MONEYLION APP, ANY OF OUR SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING ANY USER CONTENT AND THIRD-PARTY CONTENT) MADE AVAILABLE OR IN CONNECTION WITH THE SITE OR THE MONEYLION APP ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. MONEYLION AND EACH OF OUR RELATED AND AFFILIATED ENTITIES DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE, THE MONEYLION APP, ANY OF OUR SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING ANY USER CONTENT AND THIRD-PARTY CONTENT) MADE AVAILABLE OR IN CONNECTION WITH THE SITE OR THE MONEYLION APP, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE OR THE MONEYLION APP, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT, INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE OR THE MONEYLION APP.
It is possible that applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. Please note that information on this Site or the MoneyLion App may occasionally be inaccurate, incomplete or out of date. Additionally, third parties may make unauthorized alterations to the Site or the MoneyLion App. We make no representation as to the completeness or accuracy of any information on this Site or the MoneyLion App.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless MoneyLion, each of our related and affiliated entities, our third-party partners, and any of our or their respective officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from and against all claims, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of (1) your use of, or activities in connection with, the Site, the MoneyLion App or any of our Services, (2) your violation or alleged violation of these MoneyLion Terms, Additional Terms or any applicable laws and regulations, or (3) your violation or alleged violation of any intellectual property or other right of a third party.
D. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, NEITHER MONEYLION, NOR ITS RELATED AND AFFILIATED ENTITIES NOR EACH OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF MONEYLION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, THE MONEYLION APP, ANY OF ITS SERVICES OR ITS CONTENT, MATERIALS OR INFORMATION, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS OR USE ANY OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION OR ANY OTHER SECTIONS IN THESE MONEYLION TERMS OF SERVICE MAY NOT APPLY TO YOU.
By using the Site, the MoneyLion App, or any of the Services, you agree to be bound by this binding arbitration provision to govern any disputes arising out of or related to these MoneyLion Terms, use of or access to the MoneyLion Platform (or any part thereof) or any of the Services. Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org, in accordance with its then existing Comprehensive Arbitration Rules & Procedures, or any other company selected by mutual agreement of the parties. The Arbitrator shall be authorized to award compensatory damages, but shall not be authorized to award non-economic damages such as for emotional distress, or pain and suffering, or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction.
By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
YOU AGREE THAT, IF YOU DECIDE TO REGISTER FOR AND OPEN A MONEYLION ACCOUNT OR IF YOU OTHERWISE USE ANY OF OUR SERVICES, YOUR RELATIONSHIP WITH US WILL BE GOVERNED BY THE AGREEMENT FOR RESOLVING DISPUTES, THE FULL TEXT OF WHICH IS PROVIDED TO YOU WHEN YOU CREATE YOUR MONEYLION ACCOUNT. THE AGREEMENT FOR RESOLVING DISPUTES PROVIDES FOR DISPUTE RESOLUTION FOR ALL CLAIMS AS DEFINED IN THAT AGREEMENT. YOU FURTHER AGREE THAT IF YOU REGISTER FOR AND OPEN A MONEYLION ACCOUNT OR USE ANY OF OUR SERVICES, THE AGREEMENT FOR RESOLVING DISPUTES SUPERSEDES THE ARBITRATION PROVISIONS IN THESE MONEYLION TERMS.
F. Governing Law
These MoneyLion Terms are governed by the laws of the State of New York, without regard to its principles of conflicts of law, and regardless of your location.
You agree to the personal jurisdiction by and venue in the state and federal courts in the City and County of New York, New York and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site, the MoneyLion App or any of the Services, subject to the Disputes Agreement (as such term is defined below).
H. Jury Trial Waiver (if Dispute is Not Arbitrated)
YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE, AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF ALL PARTIES, WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THESE MONEYLION TERMS, USE OF OR ACCESS TO THE MONEYLION PLATFORM (OR ANY PART THEREOF) OR ANY OF THE SERVICES. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE SEPARATE DISPUTES AGREEMENT BETWEEN YOU AND US, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.
You may not assign or delegate these MoneyLion Terms or any of the terms or conditions hereunder, directly, indirectly, or otherwise without our prior written consent, and any such purported assignment or delegation in violation of this section shall be void. MoneyLion may assign or transfer these MoneyLion Terms without your prior written consent.
Any failure by us to exercise any rights or enforce these MoneyLion Terms or any Additional Terms shall not constitute a waiver of such rights or terms. If any provision of these MoneyLion Terms or any Additional Terms, or their application in a particular circumstance shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remainder of these MoneyLion Terms, or any Additional Terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.
MoneyLion Rewards Program
Lion’s Share Loyalty Program
The Lion’s Share loyalty program provides MoneyLion members with opportunities and rewards based on engaging in membership-related activities. Click to view the Terms and Conditions for the Lion’s Share Loyalty Program. are available.
Your access and use of certain services offered by MoneyLion and its affiliates and third-party providers are governed by the ML Plus LLC Membership Agreement. This is the current Membership Agreement. Please review it.
Revised Date: March 17, 2021. If you have any comments, concerns or questions regarding our terms and conditions, please call 1-844-224-0087.
MoneyLion InstacashSM Terms and Conditions
Updated as of January 2023
The following terms and conditions (the “Instacash Terms”) apply to your use of MoneyLion’s Instacash advance service (“Instacash”) offered by ML Plus LLC ( “MoneyLion”). By agreeing to these Instacash Terms and continuing on the corresponding MoneyLion App screen, you acknowledge that you have read and agree to be bound by these Instacash Terms. If you do not agree with these Instacash Terms, do not access or use Instacash. There is no commitment to using Instacash; you can stop using Instacash at any time simply by not requesting any further Instacash Advances (as defined below).
INSTACASH IS NOT A LOAN. MONEYLION IS NOT LENDING YOU MONEY IN CONNECTION WITH THE INSTACASH SERVICE. THERE IS NO OBLIGATION TO REPAY AN INSTACASH ADVANCE. FOR MORE INFORMATION, PLEASE SEE SECTION 8 BELOW.
These Instacash Terms are subject to change or cancellation from time to time, including by adding, deleting or modifying terms, for any or no reason, and will be effective when posted on our Site, the MoneyLion App (as those terms are defined below) or any other customer dashboard. MoneyLion may provide notice of changes to these Instacash Terms as and if required by applicable law. Your continued use of Instacash following any changes to these Instacash Terms will constitute your agreement to and acceptance of any changes.
- Receiving an Instacash Advance. Instacash provides advance(s) to you from time to time, and in MoneyLion’s sole discretion, based on your anticipated recurring direct deposits (each an “Instacash Advance”). The amount of each Instacash Advance you may be eligible for is based on factors described in Section 3 below.
In order to receive an Instacash Advance, you are required to maintain either (1) a RoarMoney Demand Deposit Account (“RoarMoney Account”) at Pathward, N.A., Member FDIC (“Bank”) or (2) link an external eligible bank account (“Linked Account”) and associated debit card (“Bank Card”) to your Instacash account (each Linked Account, together with your RoarMoney Account, are each referred to as an “Eligible Account”). At your election, any Instacash Advance(s) disbursed to you will be deposited into your RoarMoney Account, sent to your Linked Account, or funded to your Bank Card. You may obtain an Instacash Advance multiple times during your regular deposit period, up to your Instacash Advance limit.
- Eligibility. You can access Instacash through the www.moneylion.com website (the “Site”) or the MoneyLion mobile application (the “MoneyLion App”). To access Instacash, you must be a registered MoneyLion user (and satisfy the eligibility requirements provided in the MoneyLion Terms of Service to be a MoneyLion user, including residency and age of majority requirements), and have passed our identity verification checks. To be eligible for Instacash, you must also satisfy each of the eligibility criteria provided below:
- You must be a MoneyLion user in good standing. For existing Instacash users, this means that any and all of your previous Instacash Advances have been repaid and you have paid any and all Turbo Fees (as this term is defined below) associated with any previous Instacash Advances.
- MoneyLion must be able to detect Eligible Direct Deposits into an Eligible Account. “Eligible Direct Deposits” means a recurring direct deposit of your wages, compensation, or other income, including where you are acting as an independent contractor. It may take up to three (3) consecutive deposits from one employer or another business or person who is obligated to pay your wages, compensation, or other income into the Eligible Account for MoneyLion to detect it as recurring. Certain deposits do not qualify as Eligible Direct Deposits for Instacash, including irregular cash deposits; transfers from other bank accounts; mobile wallet and peer-to-peer transfer applications (e.g., via PayPal, Venmo, Zelle, Square, etc.); mobile deposits; ATM deposits, or other deposits as determined by MoneyLion. MoneyLion may, in its sole discretion, choose to provide you an Instacash Advance before the Eligible Direct Deposits are detected, but choosing to do so shall not constitute a permanent waiver of this eligibility requirement.
- Available Instacash Advance Limit. Your available Instacash Advance limit will be displayed to you through your Instacash dashboard on the Site or in the MoneyLion App, and will be based on factors as determined by MoneyLion from time to time. These factors include the amount and timing of your Eligible Direct Deposits, MoneyLion’s evaluation of your account transaction history, and other information you provide to us. MoneyLion reserves the right to adjust your Instacash Advance limit and our eligibility criteria at any time. Any change in your eligibility or available Instacash limit will be displayed to you through your Instacash dashboard on the Site or in the MoneyLion App.
MoneyLion also offers higher Instacash Advance limits to users who are MoneyLion Members or who maintain Eligible Direct Deposits into their RoarMoney Accounts. You may also be eligible for various Boosts that may temporarily increase your Instacash Advance limit (see Section 4 below). Please also see the Frequently Asked Questions on help.moneylion.com for additional details about Instacash Advance limits. The Instacash Advance limit will not exceed 50% of the Eligible Direct Deposits that MoneyLion anticipates you will receive during each regular deposit period.
- Instacash Boosts. From time to time, MoneyLion may offer bonuses, credits, incentives, or other promotions that may boost your Instacash Advance limit either permanently or for a certain period of time (such increases, “Boosts”). Such promotions may be governed by terms that are separate from these Instacash Terms, and may require completion of certain actions within the Site or the MoneyLion App, e.g., making a certain number of Instacash repayments by the scheduled repayment dates. To participate in any such promotions, please read any additional terms and conditions, or disclosures, carefully.
- Instacash Advance Disbursement Limit. Instacash is designed to help users access funds to smooth out cash flow and cover unexpected expenses, and is not meant to be a way to fund larger expenses. As a result, in addition to an Instacash Advance limit for each regular deposit period, a user must take out Instacash Advances in predetermined disbursement increments (“Disbursement Limit”). Your Disbursement Limit will be shown to you at the time you initiate an Instacash Advance. If your Disbursement Limit is lower than your Instacash Advance limit, then you may obtain multiple Instacash Advances up to your Instacash Advance limit per regular deposit period. For example, if your Instacash Advance limit is $200, and your Disbursement Limit is $100, you can only request up to $100 at a time, but you can take out two separate $100 Instacash Advances in your regular direct deposit period.
- Optional Tipping. At the time you initiate an Instacash Advance, you may choose to give MoneyLion an amount in appreciation of its service (a “Tip”). Tips are completely voluntary, and whether you choose to leave a Tip or how much you choose to give do not impact your eligibility for any future Instacash Advance(s), your Instacash Advance limit or eligibility for other products and services offered by MoneyLion. Any Tip(s) you choose to give will be paid to MoneyLion if and when you repay the Instacash Advance for which you gave a Tip. Tips are non-refundable once paid, and the amount you choose to tip cannot be changed following payment.
- Expedited Disbursements. Generally, receiving an Instacash Advance is processed at no additional cost to you, and the funds from an Instacash Advance will typically be available in your Eligible Account or your Bank Card between one (1) and five (5) business days. Funds disbursed to your RoarMoney Account will usually take a shorter period of time than disbursements to an external Linked Account or Bank Card. For an additional fee (“Turbo Fee”), you have the option to make expedited disbursements to your Eligible Account or Bank Card. Expedited disbursements are typically sent within minutes of your approval, but may take up to an hour. Turbo Fee amounts can be found at www.moneylion.com/pricing, and will be shown to you in the Instacash dashboard at the time you request an Instacash Advance. Any Turbo Fee you incur will be paid if and when you repay the Instacash Advance.
MoneyLion and its third-party partners, including Bank, do not guarantee the timing of receipt of any disbursed funds and do not accept responsibility for any delay in your receipt of those funds. To the extent permitted by applicable laws, you agree to waive any claims, damages, or actions, including attorneys’ fees, against MoneyLion, Bank or any other third-party partner of MoneyLion, arising in or out of any delay to promptly send or receive such amounts. If you have opted for an expedited disbursement, your sole remedy for any delay will be the reimbursement of the Turbo Fee.
- NO OBLIGATION TO REPAY AN INSTACASH ADVANCE. THERE IS NO OBLIGATION TO REPAY AN INSTACASH ADVANCE; however, you will not be eligible for any further Instacash Advance(s) until any and all of your previous Instacash Advances have been repaid in full and you have paid any and all Turbo Fees associated with any previous Instacash Advances.
MoneyLion warrants that it has no legal or contractual claim against you based on your failure to repay in full an Instacash Advance, including any Turbo Fees and Tips associated with any Instacash Advance. MoneyLion will not engage in any debt collection activities relating to any unpaid portion of any Instacash Advance or any unpaid Turbo Fees or Tips, place the unpaid portion of any Instacash Advance or any unpaid Turbo Fees or Tips as a debt with, or sell the unpaid portion of any Instacash Advance or any unpaid Turbo Fees or Tips to, a third party, or report to a consumer reporting agency concerning an Instacash Advance. However, MoneyLion will not provide you further Instacash Advances while any portion of an Instacash Advance remains unpaid past your scheduled repayment date. MoneyLion does not waive any rights it may have with respect to any fraudulent activity.
- Authorization for Crediting and Debiting Accounts.
- Crediting Transactions. When you initiate an Instacash Advance, you authorize MoneyLion to disburse the amount of the Instacash Advance to the Eligible Account or Bank Card you have selected. If any credit was made wholly or partially in error, you authorize MoneyLion to correct the error by making a corrective credit or debit transaction.
- Authorized Payment Method. If you choose to repay your Instacash Advance, you may repay by (1) authorizing us to charge your Bank Card; and/or (2) initiate an electronic fund transfer from your Eligible Account(s). This can be done by pre-authorizing automatic payments to be made on or after your scheduled repayment date pursuant to your primary payment authorization, or by making a one-time repayment by following the prompts in the Site or the MoneyLion App. Any payment authorizations you choose to sign is incorporated by reference into these Instacash Terms as if they are set forth in full here.
- Backup Payment Methods. You may also add payment methods through other parts of the MoneyLion App, including to the “Wallet” screen of the MoneyLion App. If you have designated any of these other payment methods as backup payment methods for Instacash Advances by signing any backup payment authorizations, then if, on the scheduled repayment date, the balance in your authorized Eligible Account(s) and/or Bank Card is less than the amount to be repaid, you authorize MoneyLion or its agents to debit your backup payment method for the remaining amount to be repaid, up to the balance in that payment method, whichever is less, pursuant to the terms of your backup payment authorization.
- Scheduled Repayment Date. The scheduled repayment date for each Instacash Advance will be disclosed to you when you initiate an Instacash Advance. The scheduled repayment date will generally be aligned with your regular direct deposit date, as determined by MoneyLion. However, MoneyLion may, in its sole discretion, schedule a repayment date that does not align with your regular direct deposit date, depending on the circumstances around your Instacash Advance request. For example, if the Instacash Advance is requested on a date that is too close to your regular direct deposit date, MoneyLion may schedule a repayment date after your regular direct deposit date to give you enough time to receive and use your funds. If you have initiated two Instacash Advances in the same direct deposit period, you may even have two scheduled repayment dates. If MoneyLion cannot predict an upcoming deposit date, your scheduled repayment date may be set to the second Friday following the day you initiated the Instacash Advance.
- Revoking Payment Authorization. You may withdraw your pre-authorized automatic payment authorizations before the scheduled repayment date by following the instructions in your signed payment authorization(s). You agree to notify MoneyLion in time for us to have a reasonable opportunity to act upon your request, typically (3) business days (business days are Mondays through Fridays, excluding bank holidays).
- Consent to Use Financial Data
- Consent to Collect Your Transaction Data. You authorize MoneyLion to access or collect certain financial data derived from your use of the Instacash service or your Linked Accounts, including without limitation, account balances, transaction dates, the merchants involved, the transaction types and amounts, other information, data, or other content (collectively, “Transaction Data”).
By following the same steps, you may also more generally withdraw your consent to the collection and use of Transaction Data as described above. To the extent permitted by applicable law, your withdrawal of consent to the collection and use of Transaction Data as described above may impact your ability to access the Instacash services provided hereunder and/or may result in the closure of your MoneyLion account. Please also note that there are applicable laws that require us to keep certain forms of data for recordkeeping purposes and/or to complete any transactions that you began prior to your request.
- Removal and Deletion of Transaction Data. MoneyLion reserves the right to remove, delete, block, edit or modify any Transaction Data in its possession at any time, subject to applicable regulatory retention requirements, without prior notice and in its sole discretion for any reason or no reason. MoneyLion has no obligation to retain or delete any of your Transaction Data beyond any applicable regulatory retention periods to which MoneyLion is subject.
Breach of these Instacash Terms. The Instacash service is for personal, family and household use only. MoneyLion can immediately suspend or disqualify you from using Instacash, in whole or in part, at any time and for any reason. MoneyLion will suspend or disqualify you from using Instacash if you (1) violate these Instacash Terms, or any other agreements governing your use of MoneyLion products or services, (2) engage in fraud or suspected fraud, misuse or game Instacash, or (3) take another similar action, as determined by MoneyLion in its sole discretion. If MoneyLion suspends or disqualifies you from using Instacash, you will be unable to obtain any additional Instacash Advance(s), but you will not be obligated to repay any Instacash Advance(s) you have already obtained. You are responsible for all transactions and other activities relating to your use of Instacash.
Assignment. We may transfer or assign these Instacash Terms or any rights or obligations hereunder to another entity. You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under these Instacash Terms without MoneyLion’s prior written consent.
Notices. All notices must be provided in writing to ML Plus LLC, P.O. Box 1547, Sandy, UT 84091-1547.
Governing Law. These Instacash Terms (but not the Arbitration Provision in the Agreement for Resolving Disputes) shall be governed by the substantive laws of your state of residence without regard to its conflicts of law provisions.
- Notices to California Residents.
- ML Plus LLC is not currently licensed to provide its advance product by the California Department of Financial Protection and Innovation (the “Department”).
- If the Department does decide in the future to license ML Plus LLC and/or require ML Plus LLC to make modifications to terms and conditions for the advance product, such developments may have no impact on your obligations under these Instacash Terms.
- Although ML Plus LLC is not licensed by the Department to provide its advance product, any consumer is invited to share any comment and concerns about ML Plus LLC or its product and practices with the Department at (866) 275-2677 (toll-free) or at the following URL: https://dfpi.ca.gov/file-a-complaint/.