Debbie Terms & Conditions

Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.

AS SET FORTH BELOW, UNLESS YOU FOLLOW THE OPT-OUT PROCEDURE DESCRIBED THEREIN, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE “DISPUTE RESOLUTION” PROVISION CONTAINED IN THIS AGREEMENT. THIS AGREEMENT ALSO INCLUDES A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL. PLEASE READ THE “DISPUTE RESOLUTION” SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY US. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. Introduction

Welcome to Debbie. These Terms of Service, along with any other documents referenced herein as applicable to your use of the products and services, features, technologies, and/or functionalities offered by Debbie Inc. (“Debbie”) on its website or in a mobile application (collectively, the “Platform”), or through any other means (collectively, the “Services”) are a contract between you and Debbie, that establishes rules that control your use of the Services.

You must be 18 years of age, be located in the United States, be a U.S. citizen or permanent resident in the U.S., have a U.S. social security number, and have a U.S. bank account to use the Services. Your use of the Services remains subject to the Debbie Privacy Policy as updated from time to time (the “Debbie Privacy Policy”) and any other agreements between you and Debbie that apply to your use of the Services. These Terms of Service are provided to you in electronic format pursuant to the Consent to Receive Electronic Disclosures that you accepted and agreed to when you opened your account on the Platform (“Debbie Account”).

“You” and “your” means the person who is authorized to use the Services as provided in these Terms of Service.  “We,” “us,” and “our” mean Debbie, and our successors, affiliates, assignees, and third-party service providers.

If there is a conflict between these Terms of Service and any other document or statement made to you concerning the Services, these Terms of Service will govern. If there is a conflict between these Terms of Service and any other document or statement made to you concerning any other service or product, the separate terms, and conditions applicable to that service or product will govern.

You agree to comply with all of the terms and conditions in these Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Platform. Continued use of the Services means your ongoing agreement to these Terms of Service. By continuing to use the Services, you further agree to pay fees due and outstanding associated with the Services. You are responsible for the accuracy and completeness of all information supplied to us.

These Terms of Service may be amended or changed at any time by posting the amended documents on the Platform, and any such amendment will be effective upon such posting so check the Platform frequently. The current Terms of Service are available at joindebbie.com/terms-of-service. Reasonable notice in writing or by any method permitted by law will be provided if there is an adverse change to these Terms of Service. However, if a change is made for security purposes, such change can be implemented without prior notice. When these Terms of Service are changed, the updated version supersedes all prior versions and will govern the Services. Your continued maintenance or use of the Services after the change will be deemed acceptance of any change and you will be bound by it.  If you do not agree with a change, you may cease use of the Services.  Your termination of these Terms or Service does not affect any of our rights or your obligations arising under these Terms of Service prior to such termination. Your privacy is very important to us. All services offered by Debbie, including the Platform, are subject to Debbie’s Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein. Please carefully review Debbie’s Privacy Policy for more information.

2. Access to the Service

1. SERVICES DESCRIPTION: Debbie is a debt payoff and savings product that rewards users when they improve their financial behaviors.
2. ELIGIBILITY: You must be 18 years of age, be located in the United States, be a U.S. citizen or permanent resident in the U.S., have a U.S. social security number, and have a U.S. bank account to use the Services. Use of certain Services may have further eligibility requirements that will need to be verified prior to you using such Services or from time to time in order to continue your use of the Services. Certain features of the Services (including access to Loans as described in Section 2(e)) may be limited or not available depending on the state in which you reside, the date on which you created your Account or other factors.
3. YOUR REGISTRATION OBLIGATIONS: You are required to register on the Platform in order to access and use certain features of the Service. Your acceptance of the Consent to Receive Electronic Disclosures (E-sign Disclosure and Consent) is required to create a Debbie Account. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself and your finances. If any of this information changes, it is your obligation to provide updated information as soon as possible. You are responsible for providing Debbie with a correct and operational email address. You must notify Debbie of any change to your email or postal mailing address, or if you are unable to access Account information through our Platform. Debbie will not be liable for any adverse effects as a result of undelivered mail or email or your inability to access Account information through the Platform due to a failure to promptly notify us of a change to your email or postal mailing address. Debbie is not responsible for any costs you incur to maintain internet access or an email account. From time to time, we may also require you to provide further information as a condition for continued use of the Services. We reserve the right to maintain your Account registration information after you close your Debbie Account for business and regulatory compliance purposes. You may register for only one Account. If you open additional Accounts, we reserve the right to immediately disable and close all of your Debbie Accounts. To help the government fight the funding of terrorism and money laundering activities, when you register on the Platform or request certain Services, we may ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
4. MEMBER ACCOUNT PASSWORD AND SECURITY: You are responsible for maintaining the confidentiality of your password and Debbie Account, if any, and are fully responsible for any and all activities that occur in connection with your password or Debbie Account. You agree to (a) immediately notify us of any unauthorized use of your password or Debbie Account or any other breach of security, and (b) ensure that you exit from your Debbie Account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this Section.  If your status as a user of the Service is terminated, you will (i) stop using the Service and the Platform and any information obtained from the Service or the Platform, and (ii) destroy all copies of your account information, password and any information obtained from the Service.
5. ACCESS TO "RATE-CRUSHER" LOANS. Debbie has established relationships with certain third party lenders ("lending partners"). On the Platform, you may receive loan offers from our lending partners that are targeted to your individual financial situation and you may be invited to apply for a loan from our lending partners. We may earn a commission or fee from a lending partner if you finish the loan process with, and a loan is disbursed by, the lending partner. You agree to that compensation arrangement. With the goal of lowering your overall cost of borrowing, Rewards (as defined in the Debbie Reward Program Terms and Conditions) may incentivize you to payoff certain of your other debt with the proceeds of a new loan from a lending partner. If you are eligible to receive any Rewards associated with using a loan to pay-off debt, those Rewards are provided by Debbie and are governed by the Reward Programs Terms and Conditions. After the loan transaction is completed, you will claim the Reward, if any, on the Platform (not through the lending partner website) and verify the newly opened loan account via credit bureau or Plaid.
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   Certain of Debbie's lending partners ("marketplace lenders") may use information you provide or make available to Debbie, together with other information they may obtain from you and credit bureaus, to determine whether you are eligible for a loan. If you are approved for a loan by a marketplace lender, the marketplace lender may return a pre-approved offer to Debbie and Debbie may present you with that offer on the Platform. If you wish to claim the offer, the Platform will provide you a link to the marketplace lender to submit a loan application, receive final loan offer, sign loan documents, and otherwise consummate the loan transaction with the marketplace lender. An offer will expire at the time indicated on the Platform when the offer is presented to you. Once you link to the marketplace lender, you are not using the Platform and Debbie is not involved in any aspect of the loan transaction.
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   For certain of Debbie's lending partners ("direct lending partners"), based on information you provide or make available, together with Third-Party Account Information and other data that may be obtained from Plaid and credit bureaus, on the Platform you may be presented with an estimated interest rate for a loan from one or more direct lending partners and an invitation to apply to one or more direct lending partners for a loan. An invitation will expire at the time indicated on the Platform when the invitation is presented to you. The estimates and invitations are not a firm offer of credit because they are based only on preliminary information about you. The estimates and invitations may be accompanied by Debbie's belief of whether or not you are likely to be approved by the direct lending partner for the loan. Any such opinion of Debbie is not a credit approval, pre-approval or denial, and you may still be approved or denied for the loan by the direct lending partner regardless of whether Debbie believed you were or were not likely to be approved. If you are presented with an invitation to apply for a loan on the Platform, you will need to submit a credit application with the direct lending partner in order to receive a loan. If you apply for the loan with the direct lending partner, the direct lending partner will perform a "hard credit inquiry," which may impact your credit score.
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   If you accept the invitation for a loan from a direct lending partner, depending on the direct lending partner, one of two processes takes place. The first alternative is that the Platform will provide you a link to the direct lending partner. You will then submit a loan application, complete underwriting, sign loan documents, and otherwise consummate the loan transaction directly with the direct lending partner. In this alternative, once you link to the direct lending partner, you are not using the Platform and Debbie is not involved in any aspect of the loan transaction. The second alternative is that you will be prompted to provide additional information on the Platform in order to apply for the loan. That information will be provided to the direct lending partner via a third party technology provider that integrates with the Platform and the direct lending partner, and you authorize that provision of information. Debbie may monitor the status of the loan application with the direct lending partner. If you are approved by the direct lending partner, you will be presented with a loan offer from the direct lending partner on the Platform. You may receive a conditional loan offer, for reasons including, but not limited to, that the direct lending partner needs additional information from you to make the loan or the direct lending partner is requiring that the loan proceeds be paid directly to your creditors. If you accept the offer and fulfill any conditional elements of an offer, you and the direct lending partner will sign loan documents and consummate the loan transaction via the third party technology provider that integrates with the Platform and the direct lending partner.  
6. LOAN-RELATED DISCLAIMERS; CREDIT REPORT AUTHORIZATIONS. In addition to Section 11 below, Debbie is not a lender. You do not have to obtain a loan through a lending partner in order to use other Services, it is your decision whether to apply for or accept a loan, and there is no assurance that a lending partner will make a loan or offer to you. The lending partner, not Debbie, establishes the terms and conditions of any loan or loan offer. Likewise, Debbie does not guarantee that the rates and terms of an offer you may receive from a lending partner are the best terms or lowest rates available in the market. You will receive relevant loan disclosures and other important information from lending partners. You do not apply to Debbie for a loan. We are not responsible for providing you with reasons that your application for a loan may be denied by any lending partner. The lending partners are solely responsible for their responses (including all credit approval, pre-approval or denial decisions), offers and services to you, and you agree that Debbie will not be liable for any damages or costs of any type arising out of or in any way connected with your access or use of responses, offers or services from lending partners. You are solely responsible for the accuracy and content of your Third-Party Account Information and other information you provide in connection with obtaining a loan. Debbie does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a lending partner, and Debbie will not be a party to or in any way monitor any transaction between you and lending partners.
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   You consent to a "soft credit inquiry" by Debbie. Our "soft credit inquiry" does not impact your credit score. Soft credit inquiries are shown only on copies of credit reports that are provided to you. Creditors and other users of credit reports cannot see soft inquiries. You also authorize Debbie and the lending partners (and their respective third party service providers) to request from one or multiple credit reporting agencies, your credit bureau report including any ancillary credit scores or ratings. You are also providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law, for Debbie and the lending partners (and their respective third party service providers) to request and receive information about you from third parties, including but not limited to a copy of your consumer credit report and score from consumer credit reporting agencies.  You waive any and all claims against Debbie, lending partners and their respective service providers for the acts or omissions of these parties with regard to the use or disclosure of such information.
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   Debbie intends to conduct its daily operations in an equal and fair manner with its customers and does not discriminate on the basis of race, marital status, nationality, gender, age, religion, whether income is derived from a public assistance program, or whether a customer has exercised rights under the Consumer Credit Protection Act.

3. Modifications to Service

We reserve the right to modify, suspend, or permanently discontinue the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

4. General Practices Regarding Use and Storage

You acknowledge that we may establish general practices and limits concerning use of the Service, including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice including implementation of additional fees for storage or other expenses.

5. Mobile Services

Some of the Services are available via a mobile device, including (a) the ability to upload content to the Service via a mobile device, (b) the ability to browse the Service and the site from a mobile device and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service via a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device details, if available, to us and our Service providers for the duration of the business relationship, solely for identity verification and fraud avoidance.

6. Consent to Receive Communications

To provide you with the best possible service in our ongoing business relationship, we may need to contact you about your Debbie Account or the Services from time to time by text messaging, push notifications and/or email. However, we must first obtain your consent to contact you about your Debbie Account or the Services because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission (FCC).

Your consent is limited to your Debbie Account and the Services, and as authorized by applicable law and regulations. Your consent does not authorize us to contact you for telemarketing purposes (unless you otherwise agreed elsewhere). You certify, warrant, and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. With the above understandings, you authorize us to contact you regarding your Debbie Account and/or the Services until you terminate your Debbie Account using any telephone numbers or email addresses that you have previously provided to us or that you may subsequently provide to us. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing our Services or products. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or by contacting us at hello@joindebbie.com.

You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. You also agree to receive alerts about your Debbie Account activity, balances, payments, suspicious activities, and other matters involving your use of the Platform or the Services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted and may include your name and information pertaining to your Debbie Account or use of the Platform. We may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.

This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voicemail, and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device. If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us. To revoke the consent provided pursuant to this subsection, you must send 10 days’ prior written notice of such revocation to hello@joindebbie.com. By accepting these Terms of Service, you expressly consent to be contacted by us or our affiliates at any telephone number, e-mail address, mailing address, Account with us, or physical or electronic address you provide or at which you may be reached. You agree we, our affiliates, agents, or service providers may contact you in any way, including by e-mail, SMS messages (including text messages) and calls using prerecorded messages or artificial voice at any phone number you have provided to us, including any mobile phone number, as well as any address in our records or in public or nonpublic databases. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing our Services or products. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or contacting us at hello@joindebbie.com. You agree that we and our agents, representatives, affiliates, or anyone calling on our behalf may contact you on a recorded or monitored line and that any incoming calls may also be recorded and monitored.

7. Conditions of Use

1. ACCOUNT SUSPENSION & CLOSURE: We may, in our sole and absolute discretion, without liability to you or any third party, refuse to let you open a Debbie Account, suspend your Debbie Account, or terminate your Debbie Account or your use of one or more of the Services. Such actions may be taken as a result of account inactivity. failure to respond to customer support requests, failure to positively identify you, or your violation of these Terms of Service. You may terminate this agreement at any time by closing your Account and discontinuing use of the Services.
2. USER CONDUCT: You are solely responsible for all code, video, images, information, data, text, software, music, sound. photographs, graphics, messages, or other materials (“content”) that you upload, post. publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or that we prohibit. You agree to not use the Service to:
   • violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
   • intentionally try to defraud (or assist in the defrauding of) Debbie or other Debbie users;
   • provide false, inaccurate, or misleading information;
   • take any action that interferes with, intercepts, or expropriates any system, data, or information;
   • partake in any transaction involving the proceeds of illegal activity;
   • transmit or upload any virus, worm, or other malicious software or program; attempt to gain unauthorized access to other Debbie accounts, the Platform, or any related networks or systems;
   • use the Services on behalf of any third party or otherwise act as an intermediary between Debbie and any third parties;
   • collect any user information from other Debbie users, including, without limitation, email addresses;
   • defame, harass, or violate the privacy or intellectual property rights of Debbie or any other Debbie users; or
   • upload, display or transmit any messages, photos, videos, or other media that contain illegal goods, pornographic, violent, obscene, or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.
3. FEES: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a form of payment and provide information to us regarding your form of payment. You represent and warrant to us that such information is true, correct, and accurate, and that you are authorized to use the payment instrument. You will promptly update your Debbie Account information with any changes (for example, a change in your billing address) that may occur. You agree to pay to us the amount that is specified in accordance with these Terms of Service. If you dispute any charges, you must let us know within 60 days after the date that we charge you. We reserve the right to change our prices at any time. If we do change our prices, we will provide notice of the change on the Platform or in an email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You are responsible for all taxes associated with the Services other than U.S. taxes based on our net income.
4. SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns to online conduct and acceptable content.
5. COMMERCIAL USE: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy. create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
6. ILLEGAL TRANSACTIONS AND INTERNET GAMBLING: You must not use our Services or your Debbie Account for any illegal purpose, for internet gambling or to fund any account that is set up to facilitate internet gambling. We may deny transactions or authorizations from merchants or other sources that are apparently engaged in or are identified as engaged in the internet gambling business.

8. Third Parties

1. THIRD-PARTY ACCOUNT INFORMATION: To use the Services, you may direct Debbie to retrieve your transaction history, balance information, and/or other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions (“Third-Party Account Information”). Debbie works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes, to offer you other Debbie products and services that may be of interest to you, and as described in Section 2 regarding loans. By using the Services, you authorize Debbie to access this information maintained by such third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. Debbie may, but is not required to, review the Third-Party Account Information for accuracy, legality, or non-infringement, and Debbie is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will correspond to the information provided by third parties, and that this information may not reflect pending transactions or other recent activity.
2. THIRD PARTY MATERIAL: Under no circumstances will we be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that Debbie and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, we and our designees will have the right to remove any content that violates these Terms of Service or that we deem, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
3. THIRD-PARTY DISTRIBUTION CHANNELS: We may offer Software applications that may be made available through the Apple App Store, Android Marketplace, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services. Further, you may be consenting to share certain personal information with us when you install one of our Software applications through a distribution channel.
4. APPLE-ENABLED SOFTWARE: With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
   • Debbie and you acknowledge that these Terms of Service are concluded between Debbie and you only, and not with Apple Inc. (“Apple”), and that as between Debbie and Apple, Debbie, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
   • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the “Usage Rules” set forth for Apple-Enabled Software in, or otherwise be in conflict with, the applicable App Store Terms of Service.
   • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
   • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
   • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Debbie’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
   • Debbie and you acknowledge that Debbie, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
   • In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Debbie and Apple, Debbie, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
   • You represent and warrant 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.
   
   If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Debbie as follows: hello@joindebbie.com, or at the address 1000 Brickell Ave Ste 715 #1557 Miami, FL 33131.
   
   • Debbie and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

9. Intellectual Property Rights

1. SERVICE CONTENT, SOFTWARE AND TRADEMARKS: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by us from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Debbie, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Debbie. The Debbie name and logos are trademarks and service marks of Debbie (collectively, the “Debbie Trademarks”). Other Debbie product, and Service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Debbie. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Debbie Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Debbie Trademarks will inure to our exclusive benefit.
2. USER CONTENT: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant to us and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Debbie, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
   
   Copyright Complaints: We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Debbie’s Copyright Agent at hello@joindebbie.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: 1000 Brickell Ave Ste 715 #1557 Miami, FL 33131.
3. COPYRIGHT NOTICES: To be effective, the notification must be in writing and contain the following information:
   • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
   • a description of the copyrighted work or other intellectual property that you claim has been infringed;
   • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
   • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
   • and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
   
   If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
4. COUNTER-NOTICE: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
   • your physical or electronic signature;
   • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
   • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
   • and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
   
   If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
5. REPEAT INFRINGER POLICY: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also in our sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10. Indemnity and Release

You agree to release, indemnify and hold Debbie, and its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to these Terms of Service and applicable law; (3) any action or omission by you in violation of these Terms of Service or applicable law; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

11. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEBBIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DEBBIE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

12. NOT LEGAL, TAX, OR FINANCIAL ADVICE

DEBBIE DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE MOBILE APP OR THE SERVICES. DEBBIE IS NOT A LAWYER, TAX ADVISOR, LOAN BROKER, FINANCIAL PLANNER, FINANCIAL ADVISOR, LENDER, CREDIT REPAIR OR SERVICES ORGANIZATION, CREDIT COUNSELOR, OR CONSUMER REPORTING AGENCY. DEBBIE ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISIONS.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEBBIE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEBBIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DEBBIE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DEBBIE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

14. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

This Dispute Resolution provision (this “Dispute Resolution Provision”) sets forth the circumstances and procedures under which Claims (as defined below) will be arbitrated instead of litigated in court upon the election of either party. Neither you nor we will have the right to: (1) have a court or a jury decide the dispute; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action in court or in class arbitration; or (4) join or consolidate a claim with claims of any other persons. Arbitration procedures are simpler and more limited than rules applicable in court. The decision of the arbitrator is final and binding.

IF YOU DO NOT AGREE TO THIS DISPUTE RESOLUTION PROVISION (THAT IS, "OPT-OUT"), YOU MUST NOTIFY US WITHIN SIXTY (60) DAYS FROM THE DATE YOU OPEN YOUR DEBBIE ACCOUNT ON THE PLATFORM BY MAILING A WRITTEN OPT-OUT NOTICE TO US AT 1000 BRICKELL AVE, STE 715 #1557 MIAMI, FL 33131. WE MAY CLOSE YOUR DEBBIE ACCOUNT IF YOU OPT-OUT.

As used in this Dispute Resolution Provision, the term “Claim” means any claim, dispute, or controversy between you and Debbie, or any of its agents or retailers, arising from or relating to these Terms of Service or the Services as well as any related or prior agreement that you may have had with us, including the validity, enforceability or scope of this Dispute Resolution Provision or the Terms of Service. “Claim” includes claims of every kind and nature, including, but not limited to, initial claims, counterclaims, crossclaims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law, and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced. We will not elect to use arbitration under the Dispute Resolution Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court will be pursued only in arbitration. As used in this Dispute Resolution Provision, the terms “we” and “us” will for all purposes mean Debbie, our wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and our agents, employees, directors, and representatives. In addition, “we” or “us” will include any third party using or providing any product, service or benefit in connection with the Services (including, but not limited to, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Dispute Resolution Provision, the terms “you” or “yours” will mean all persons or entities using the Services.

NEITHER YOU NOR WE ARE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. FURTHER, NEITHER YOU NOR WE HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT, SUBJECT TO THE SECTION TITLED EXCLUDED CLAIMS, OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA.

Any Claim will be resolved, upon the election by you or us, by arbitration pursuant to this Dispute Resolution Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you will have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

If either party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. There is no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Account holders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Any arbitration hearing that you attend will take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

This Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration will be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Dispute Resolution Provision will control if it is inconsistent with the applicable Code. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law and, at the timely request of either party, will provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator will not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the other party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be at the sole discretion of the arbitrator who will notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator will take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which will consider anew any aspect of the initial award objected to by the appealing party. The appealing party will have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal will be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel, which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel will be by majority vote and will be final and binding.

This Dispute Resolution Provision will survive termination of your Account, your use of the Services, these Terms of Service and any bankruptcy by you or us. If any portion of this Dispute Resolution Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it will not invalidate the remaining portions of this Dispute Resolution Provision, these Terms of Service, or any prior agreement you may have had with us, each of which will be enforceable regardless of such invalidity.

15. Termination

You agree that Debbie, in its sole discretion, may suspend or terminate your Debbie Account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Debbie believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Debbie may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be affected without prior notice and acknowledge and agree that Debbie may immediately deactivate or delete your Debbie Account and all related information and files in your Debbie Account and/or bar any further access to such files or the Service. Further, you agree that Debbie will not be liable to you or any third party for any termination of your access to the Service.

16. User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service.

17. General

These Terms of Service constitute the entire agreement between you and Debbie and govern your use of the Service, superseding any prior agreements between you and Debbie with respect to the Service; provided, however, that you may also be subject to additional terms and conditions for products or Services provided by Debbie, as applicable. These Terms of Service will be governed by the laws of the State of Florida without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Debbie agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami, Florida. The failure of Debbie to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Debbie, but Debbie may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

18. Notice for California Users

Under California Civil Code Section 1789.3, users of the service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Debbie Inc., hello@joindebbie.com

19. Questions? Concerns? Suggestions?

Please contact us at hello@joindebbie.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

Consent To Receive Electronic Disclosures

In connection with obtaining services through the platform administered by Debbie Inc. (“Debbie”, “we”, “us”), you consent to receive and view communications, disclosures, notices, statements, policies, agreements and other communications we are required by law to provide to you or may otherwise provide to you for any product or service you obtain from us (collectively, “Disclosures”) relating to your eligible account on the  Debbie platform (“Account”) electronically by any of the following means:

• Text to your mobile phone number which may include a link to a new Disclosure on the iTrust website (“Website”);
• To your email; or
• Notifications from our website (“Application”).

Your consent covers all Disclosures relating to any product we offer through the website at joindebbie.com and remains in effect until you give us notice that you are withdrawing it.  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 website, Privacy Policy, and Terms of Service and other documentation we provide through the website (“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;
• Periodic statements, confirmations, authorizations and transaction history for your Account;
• Disclosures regarding the resolution of any claimed error on your periodic statements; and
• Disclosures required or permitted by law or regulation.

1. 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 emailing us at hello@joindebbie.com button at the bottom of this page or submitting your request in writing to: Legal Department, Debbie Inc., 1000 Brickell Ave Ste 715 #1557 Miami, FL 33130. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.

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.

2. 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:

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

By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Disclosure for your records.  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.

3. 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 Terms of Service. 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.

4. 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.

5. COMMUNICATIONS IN WRITING: 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.  All Disclosures from us to you will be considered "in writing" and shall have the same meaning and effect as a paper Disclosure. You acknowledge and agree that Disclosures are considered received by you within 24 hours of the time posted to the Website, or within 24 hours of the time emailed or sent via text to you unless iTrust receives notice that the Disclosure was not delivered.

6. 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.

7. 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 emailing us at hello@joindebbie.com or mailing us at Legal Department, Debbie Inc. at 1000 Brickell Ave Ste 715 #1557 Miami, FL 33131.

E-Sign and Credit Disclosure and Consent

Please read this information carefully and print a copy and/or retain this information for future reference.

Introduction

You are submitting a request to be matched with one of our third party lenders and/or service providers. In order to offer you a loan, the third party lenders and/or service providers need your consent to use and accept electronic signatures, records, and disclosures (“E-Consent”). This form notifies you of your rights when receiving electronic disclosures, notices, and information. By clicking on the link assenting to our terms, you acknowledge that you received this E-Consent and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents (“Disclosures”).

Option for Paper or Non-Electronic Records

You may request any Disclosures in paper copy by contacting Debbie Inc. the third party lender and/or the service provider directly. Debbie Inc. the lenders and/or the service providers will provide paper copies at no charge. Debbie Inc. the lenders and/or service providers will retain all Disclosures as applicable law requires. To obtain a paper copy from Debbie Inc., please email us at hello@joindebbie.com with your request. In order to obtain a paper copy from a third party lender and/or service provider, please contact the third party lender and/or service provider directly.

Scope of Consent

This E-Consent applies to all interactions online concerning you, Debbie Inc. and the third party lender and/or the service provider and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, Debbie Inc., the third party lender and/or the service provider may process your information and interact during all online interactions with you electronically. Debbie Inc., the lender and/or the service provider may also send you notices electronically related to its interactions and transactions. Disclosures may be provided online at our or third party lenders’ and/or service providers’ websites, and may be provided by e-mail.

Consenting to Do Business Electronically

Before you decide to do business electronically with Debbie Inc., the third party lenders and/or the service providers, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements

To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet, access to an e-mail account, and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Netscape® or Mozilla Firefox®. To read some documents, you may need a PDF file reader like Adobe® Acrobat Reader X ® or Foxit®. You will need a printer or a long-term storage device, such as your computer’s disk drive, to retain a copy of the Disclosures for future reference. You may send any questions regarding the hardware and software requirements directly to Debbie Inc., the third party lenders and/or the service providers.

Withdrawing Consent

Your E-Consent for our matching service and for our third party lenders’ and/or service providers’ consideration of your matching request cannot be withdrawn because it is a one-time transaction. If you are matched with one or more third party lenders and/or service providers, you are free to withdraw your E-Consent with Debbie Inc., those third party lenders and/or service providers at any time and at no charge. However, if you withdraw this E-Consent before receiving credit, you may be prevented from obtaining credit from the lender and/or service provider. Contact Debbie Inc., the third party lender and/or service provider directly if you wish to withdraw this E-Consent. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.

Change to Your Contact Information

You should keep Engine by Debbie Inc., third party lenders and/or the service providers informed of any change in your electronic address or mailing address. You may update such information by logging into Debbie Inc.’s, the third party lender’s and/or the service provider’s website or by sending Debbie Inc., the lender and/or the service provider a written update by mail.

YOUR ABILITY TO ACCESS DISCLOSURES

BY CLICKING THE LINK, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.

CONSENT

BY CLICKING THE LINK, YOU ASSENT TO THE TERMS. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH THE LENDER AND/OR SERVICE PROVIDER ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES FROM THIRD PARTY LENDERS AND/OR SERVICE PROVIDERS OVER THE INTERNET.

Credit Authorization

You acknowledge, agree, and authorize that (a) Debbie Inc. will obtain consumer and related information about you from one or more consumer reporting agencies for the purposes of identifying the lenders and/or service providers who would be the best match for you, (b) your information may be sent to lenders and/or service providers on your behalf, (c) your information may be used in order to make sure you are who you say you are, and to determine how much debt you currently have in order to determine your debt-to-income ratio, (d) such lenders and/or service providers may obtain consumer reports and related information about you from one or more consumer reporting agencies, such as TransUnion, Experian and Equifax, (e) and your information may be used by lenders and/or service providers to make prequalification and other credit decisions.

List of lenders and/or service providers:

• Lafayette Federal Credit Union
• Michigan State University Federal Credit Union
• Community Financial Credit Union
• University Financial Credit Union
• ELGA Credit Union