Updated:
April 9, 2024
This Cash Account Agreement (“Agreement”) establishes the terms and conditions between Dashfi Inc d/b/a dash.fi and their agents and assigns (collectively in this Agreement, “dash.fi”) and the Secured Cardholder (“Cardholder” or “You”) for the use of the Cash Reserve Account within the dash.fi Secured Card Program (“Secured Card Program”). By using dash.fi cards and providing dash.fi with cash reserves, you agree to follow and be bound by this Cash Account Agreement. Dash.fi may modify and update this Agreement in its sole discretion as may be needed by posting an updated version to the dash.fi website or notifying you by email. You shall be bound by such modifications effective immediately upon posting. It is your responsibility to review these updates prior to continued use of the Service.
PLEASE READ THIS CASH ACCOUNT AGREEMENT CAREFULLY AS YOUR ACCEPTANCE AND USE OF THE SERVICE IS YOUR CONSENT TO THIS AGREEMENT.
“Cardholder” means any user of the Dash.Fi platform who has agreed to the Dash.Fi Platform Agreement and Cardholder Terms of Service.
“Cardholder Terms of Service” means the user agreement located at https://www.dash.fi/legal/cardholder-terms-of-service.
“Cash Reserves” means any dollar amounts provided by Debtor as more fully defined in section 4.1 of this Agreement.
“Dash.Fi Platform Agreement” means the user agreement located at https://www.dash.fi/legal/platform-agreement.
“Dash.Fi Rewards Agreement” means the Terms and Conditions for rewards provided by Dash.Fi to users in accordance with the Dash.Fi Platform Agreement and located at https://www.dash.fi/legal/rewards.
“FBO Account” means the For Benefit Of account held at Wells Fargo Bank for the benefit of the Cardholder.
“Restricted Account” means the separate account established at Wells Fargo Bank, where Cash Reserves will be swept into.
“Rewards” means the cash back or other incentive provided to Cardholders under the terms of the Dash.Fi Rewards Agreement.
“Secured Card Program” means the program where as Cardholder provides Cash Reserves in accordance with this “Agreement” in exchange for additional benefits as defined by the Dash.Fi Rewards Agreement.
“User” means a user of the Dash.Fi platform.
Dash.fi and Cardholder have previously entered into a contractual agreement whereby Cardholder has agreed to abide by the dash.fi Platform Agreement and Cardholder Terms of Service. Cardholder is electing to participate in the Secured Card Program as defined in the Dash.Fi Rewards Agreement. Cardholder acknowledges that as a result of the increased rewards pursuant to the Secured Card Program under the dash.fI Rewards Agreement, the line of credit provided to Cardholder under the dash.fi Platform Agreement and Cardholder Terms of Services is inherently more risky for dash.fi and results in an increased financial exposure for dash.fi
4.11 To secure these financial exposures and in exchange for participation in the dash.fi Secured Card Program as further described in the dash.fi Rewards Agreement, the Cardholder hereby agrees to provide dash.fi with legal title for operational purposes, and rights as limited to the specific purposes of this agreement, to the following as cash reserves (the “Cash Reserves”) to secure the debt listed in the “debt” section of this agreement:
4.12 Cash Reserves will be provided to dash.fi in one of the following approved methods:
4.13 Cash Reserves delivered to dash.fi will be locked for up to 12 months with a renewing one month period.
4.14 Cardholder may withdraw Cash Reserves by providing a minimum two weeks notice prior to the end of the month, except as described in 4.15 below. Withdrawal requests can be made via:
4.15 Dash.fi reserves the right to temporarily withhold the processing of a Cash Reserve withdrawal request if dash.fi has a reasonable suspicion that processing the withdrawal request might violate anti-money laundering regulations, sanctions, or other legal obligations, or in the event of a security incident that requires suspending withdrawals to protect Cardholder funds and system integrity. Dash.fi commits to exercising this right strictly in accordance with applicable laws and regulations. Dash.fi acknowledges that any temporary withdrawal hold will not affect the Cardholder's ownership of the Cash Reserves. The Cardholder retains full ownership of the funds in the Cash Reserve Account, even during a withdrawal hold period, as described in 5.1 below.
4.16 At any point should Cardholder’s Cash Reserves amounts no longer exceed the minimum amounts as required by section 3.11 above, Cardholder will no longer be eligible for rewards as described in the dash.fi Rewards Agreement for participation in the Secured Card Program.
4.17 Funds from the Cash Reserve Account will be automatically swept into a restricted cash account at Wells Fargo Bank ("Restricted Account") upon reaching a predetermined threshold or at a designated frequency. This sweep is intended to qualify for a higher yield on the funds held in the Restricted Account, ultimately benefiting your participation in the Secured Card Program.
4.18 The Restricted Account is a separate account established at Wells Fargo Bank. Funds in this account are used to secure a cash-secured loan from Wells Fargo on your behalf.
4.19 Cash Reserve amounts are FDIC-insured on a "pass-through" basis to the Cardholder, up to applicable limits.
5.11 Cardholder represents and warrants that:
5.12 The Cash Reserve Account is established as an FBO account in accordance with the definitions and terms provided by Well Fargo. While funds in the account are intended for the Cardholder's benefit, DashFi holds the legal title to the account. This structure is designed to ensure compliance with regulatory and banking practices as established by Wells Fargo;
5.14 All funds delivered as Cash Reserves are free from any claims, indebtedness to other creditors, liens or other third-party interests;
5.15 Should Cardholder default on the debt listed in section 2.1, the dash.fi shall have the right to utilize the listed Cash Reserves to recoup lost investment.
5.21 Dash.fi represents and warrants that:
5.22 All warranties and representations in the dash.fi Platform Agreement, Cardholders Terms of Service and the dash.fi Rewards Agreement continue in full force and effect;
5.22 DashFi disclaims any economic interest in the assets held within the Cash Reserve Account, subject to the terms of the Rewards Agreement. The Cardholder retains all beneficial ownership of the funds deposited into the account. Although dash.fi holds title to the account for operational purposes, the economic benefits and interests accruing from the assets within said account are solely for the benefit of the Cardholder, in accordance with the terms set forth in this Agreement and related documents, including the Rewards Agreement;
5.23 Dash.fi will perform all of its duties and obligations and complete with all terms and conditions as set out under the dash.fi Platform Agreement, Cardholders Terms of Service, the dash.fi Rewards Agreement and this Cash Account Agreement;
5.24 Cash Reserves in an amount equal to Cardholder’s available daily credit limit will not be pledged, re-repledged, hypothecated, re-hypothecated, sold, lent, or otherwise and will be held for the duration of this agreement in one of dash.fi’s bank accounts;
5.25 Dash.fi will not commingle its corporate funds with the funds held in the Cash Reserve Account. Funds in the Cash Reserve Account may be commingled with funds from other Cardholders, but separate ledgers will be maintained to track individual balances.
6.11 Cardholder gives and grants dash.fi full ownership in all Cash Reserves provided and delivered to dash.fi by or for the account of the Cardholder at any time pursuant to this Agreement. Dash.fi’s full ownership is a legal mechanism necessary for operational purposes and does not affect the beneficial ownership held by the Cardholder, who retains economic benefits derived from these funds, subject to the terms of the Rewards Agreement.
6.12 Dash.fi may pledge, re-pledge, hypothecate, re-hypothecate, lend or otherwise utilize Cash Reserves provided by Cardholder in the following capacities:
THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS
If any provisions of this Agreement are deemed invalid or unenforceable, the rest of the Agreement will continue in full force and effect.
The representations and warranties contained within this Agreement will continue after the delivery and payment of the Cash Reserves and shall remain in full force and effect, regardless of any investigation made on behalf of any of the Cash Reserves or any person controlling any of them.