Terms of use

Effective date: June 1, 2023

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS DASH IN ANY MANNER.

Welcome to Dash. Please read on to learn the rules and restrictions that govern your use of Dash and the related website(s), products, services and applications (collectively, "Dash"). If you have any questions, comments, or concerns regarding these terms or Dash, please contact us at help@dash-fi.com

These Terms of Use (the "Terms") are a binding contract between you and DashFi Inc. (“Dash”, "Company," "we" and "us"). You must agree to and accept all of the Terms, or you do not have the right to use Dash. Your using Dash in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Dash and thereafter. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Terms for using Dash:

You must be 18 years old or older. 

By submitting your information through Dash, you represent that you have read, understand, and agree to these Terms of Use. If a joint application is filed, these Terms of Use apply to each of the applicants equally:

You represent that the information that you have provided in this process is true and complete, and that you are over the age of 18 and have the power and authority to enter into and perform your obligations under any credit arrangement that may be offered;

You acknowledge that you may withdraw your interest at any time prior to executing any product agreement;

You authorize Dash to pull your credit report for the purpose of evaluating your credit options for products through Dash’s network of partners and third-parties ("Network");

You consent to the sharing of the information you have provided with one or more parties in the Network;

You authorize any party in the Network, to which Dash has submitted your information, to pull your credit report in order to evaluate your creditworthiness;

You acknowledge that Dash and any party in the Network may retain your information in order to comply with certain federal and state laws and regulations;

You acknowledge that you have read the Dash Privacy Policy;

You acknowledge that Dash does not guarantee that a partner will make you an offer for any product;

You acknowledge that Dash does not guarantee that a partner will approve your product at specific terms and conditions, including a specific rate;

You acknowledge that Dash is not responsible for any errors or delays related to your account, products, or services, caused by incorrect information provided by you or other technical problems beyond its control;

For Auto Refinance, your current loan must have a balance of $7,500 or greater. Your vehicle must be no older than 10 years. Vehicle must have less than 150,000 miles. Your combined household income must be $2000/mo. or greater.

You may consent to receive notices electronically and agree to receive such notices at Dash's website or via email. These notices may include privacy notices and information required by the Equal Credit Opportunity Act;

You acknowledge that the services offered by Dash are available only to residents of, those states where Dash does business and those states where any party in our Network is authorized to do business;

You acknowledge that under no circumstances will Dash be liable to you or to any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to this agreement. Your sole and exclusive remedy hereunder will be for you to discontinue your use of our services; and

You acknowledge that this agreement shall be subject to the laws of California, excluding its conflict of law principles.

CUSTOMER COMMUNICATIONS: By accepting these Terms of Use, you expressly consent to be contacted by Dash, its agents, representatives, affiliates, or any party in the Network for any and all purposes related to your account and any related Product or Service, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree that Dash, its agents, representatives, affiliates, or any party in the Network may contact you in any way, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to having all calls between you and Dash recorded for quality assurance. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Dash, its agents, representatives, affiliates or party in the Network at the specific number(s) you have provided to Dash, or numbers it can reasonably associate with your account (through skip tracing, caller ID capture or other means), with information or questions about your account, product or service. You certify, warrant and represent that the telephone numbers that you have provided to Dash are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert Dash whenever you stop using a particular telephone number. You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.

CONSUMER NOTICES BY STATE

Notice to California Residents: If married, you may apply for credit separately as an individual.

Notice to New York Residents: Consumer reports may be requested in connection with this Product or Service. Upon request, you will be informed whether or not a consumer report was requested and, if it was, of the name and address of the consumer reporting agency that furnished the report. Additional consumer reports may be requested with respect to any extension or renewal of this obligation.

Notice to Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.

Will these Terms ever change?

We are constantly trying to improve Dash, so these Terms may need to change along with Dash. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Dash website, by sending you an email, and/or by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Dash. If you use Dash in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes made by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by us.

What are the basics of using Dash?

You may be required to sign up for an account, and to provide your email address, first name and last name, vehicle information, and consent to link with your bank account. You promise to provide us with accurate, complete, and updated information about yourself. By providing us with your email address, you consent to receiving email communications about Dash from us. You may not use a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract. If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

You will only use Dash for your own internal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of Dash is prohibited by applicable laws, then you aren't authorized to use Dash. We can't and won't be responsible for your using Dash in a way that breaks the law.

You will not share your account access with anyone, and you must protect the security of your account. You're responsible for any activity associated with your account.

Your use of Dash is subject to the following additional restrictions:

You represent, warrant, and agree that you will not use Dash or interact with Dash in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Company);

(b) Violates any law or regulation, including any applicable export control laws;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) Jeopardizes the security of your account or anyone else's (such as allowing someone else to access Dash as you);

(e) Attempts, in any manner, to obtain security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs Maillist, Listserv, any form of auto-responder or "spam" on Dash, or any processes that run or are activated while you are not using Dash, or that otherwise interfere with the proper working of Dash (including by placing an unreasonable load on Dash' infrastructure);

(h) "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to Dash or Content (through use of manual or automated means);

(i) Copies or stores any portion of Dash;

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Dash.

A violation of any of the foregoing is grounds for termination of your right to use or access Dash and potential legal action.

You understand that Company owns Dash. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of Dash.

Third Parties 

Dash may contain links or connections to third party websites or services that are not owned or controlled by Company. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Company is not responsible for such risks. We encourage you to be aware when you leave Dash and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through Dash. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using Dash, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through Dash, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Dash. If you are a California resident, you shall and hereby do 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 or her favor at the time of executing the release, which, if known by him or her must have materially affected his settlement with the debtor."

Will Company ever change Dash?

We're always trying to improve Dash, so there may be changes over time. We may suspend or discontinue any part of Dash, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Dash. 

Does Dash cost anything?

Most uses of Dash are currently free, but certain Products and Services within Dash may require payment of a fee. If you are using a free version of any services, we will notify you before any services you are then using begin carrying a fee, and if you wish to continue using such services, you must pay all applicable fees for such services. You can also choose to upgrade to the paid version of the services at any time. Note that if you elect to receive text messages through the services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the services. Certain users (for example, admin account holders or users who initially submitted payment information for the Products and Services) may control the billing and payment settings in accordance with the following terms.

a. Products and Services. Certain portions or versions of our Products and Services may be subject to payments now or in the future. Please note that any payment terms presented to you in the process of using or signing up for a Product or Service are deemed part of these Terms.

b. Billing. We use a third-party payment processor (the "Payment Processor") to collect payment for Products and Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By choosing to use our Products and Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Products and Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

d. Recurring Billing. Some of the Products and Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL US AT HELP@DASH-FI.COM.

e. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN YOUR ACCOUNT SETTINGS OR BY EMAILING US AT HELP@DASH-FI.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PRODUCTS AND SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PRODUCTS AND SERVICES AS SET FORTH ABOVE.

f. Reaffirmation of Authorization. Your non-termination or continued use of a Product or Service reaffirms that we are authorized to charge your Payment Method for that Product or Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Product or Service (or as your payment terms may be amended thereafter).

What if I want to stop using Dash?

You're free to do that at any time, by contacting us at help@dash-fi.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provided to us.

Company is also free to terminate (or suspend access to) your use of Dash or your account, for any reason in our discretion, including your breach of these Terms. Company has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any data associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at help@dash-fi.com -- we will try to help, but unfortunately, we can't promise that we can recover or restore anything. If you want the Company to delete your Dash account and associated Personal Data, please contact us at help@dash-fi.com.

Unless you have a separate agreement with the Company, if you stop using Dash for more than a six month period, we may delete your Personal Data. 

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use the Dash App available via the Apple App Store -- should I know anything about that?

These Terms apply to your use of all Dash, including the iPhone applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but the following additional terms also apply to the Application:

(a) Both you and Company acknowledge that the Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;

(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with Dash for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to Dash;

(c) You will only use the Application in connection with an Apple device that you own or control;

(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

(f) You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

(i) Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

(j) Both you and Company acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

What else do I need to know?

Warranty Disclaimer. Neither Company nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through Dash, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Dash. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through Dash. DASH AND CONTENT ARE PROVIDED BY COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF Dash WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Company IN CONNECTION WITH Dash IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Company, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of Dash (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Dash account, in any way (by operation of law or otherwise) without Company's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with Dash, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms,. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Company, and you do not have any authority of any kind to bind Company in any respect whatsoever.

Except as expressly set forth in the section above regarding the Apple Application, you and Company agree there are no third party beneficiaries intended under these Terms.