TransPecos Banks Wallet Agreement
TransPecos Banks Wallet Agreement
Last updated: June 13, 2025
THE WALLET, AND RELATED FINANCIAL SERVICES, ARE ISSUED OR PROVIDED BY TRANSPECOS BANKS, SSB, Member FDIC.
UPFRONT DISCLOSURES ABOUT THIS AGREEMENT:
- Single‑Purpose Wallet. Funds held in the Wallet may be used only to pay qualified individual health‑insurance premiums related to your ICHRA Program. See Sections 3, 7, and 28 for more information.
- Who Can Load Funds? Only the holder may load funds via ACH from a business held in the same name as the holder. See Sections 4 and 8 for more information.
- Current Bank Fee of $0. The Bank does not charge setup, load, maintenance, or transaction fees. Catch Money may charge holders a separate platform fee. See Section 5 for more information.
- Spending Limits. Single premium: $25,000; daily aggregate: $80,000. See Section 7 for more information.
- Prohibited Transactions. Cash withdrawals, ATM use, person‑to‑person transfers, crypto purchases, and any non‑premium spend are blocked. See Section 28 for more information.
- Loss, Theft, or Errors. Report lost or stolen credentials or errors immediately to help@catch.co. See Sections 19, 20, and 21 for more information.
- Arbitration and Jury Waiver. Disputes are resolved by binding arbitration; you may opt‑out within 60 days of opening your TransPecos Banks Wallet. See Section 25 for more information.
- Electronic Delivery. You consent to receive statements, notices, and legal documents electronically. See Section 26 for more information.
- Need Help? For questions, assistance, or to report an issue with your TransPecos Banks Wallet, send an email to help@catch.co (Mon–Fri 9 am–5 pm ET). See Section 1 for more information.
AGREEMENT:
1. Terms and Conditions for the TransPecos Banks Wallet Program. This Agreement (“Agreement”) contains the terms and conditions that apply to your “Wallet” that is issued or provided to you by TransPecos Banks, SSB, a state savings bank, (as referred to herein, “Bank,” “we,” “us,” or “our”). The Bank is a member of the Federal Deposit Insurance Corporation (“FDIC”) chartered under the laws of the State of Texas. Your Wallet makes available to you the services described in this Agreement (the ICHRA Program, as defined in Section 29). By accepting or using the Wallet or using any of the services offered under this Agreement, you agree to be bound by the terms and conditions contained in this Agreement, which includes an Arbitration Provision in the “Arbitration and Waivers” Section. The Program Partner for the Wallet Program is Catch Money, LLC (“Catch”) and the direct service provider for several aspects of relationship management, including providing customer service to respond to inquiries, fraud disputes, and complaints. The Customer Service contact address is help@catch.co. Please read this Agreement carefully and keep it for future reference.
2. Identity Verification and Wallet Eligibility. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS AND THEIR THIRD PARTIES TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OBTAINS A WALLET. WHAT THIS MEANS FOR YOU: WHEN YOU APPLY FOR A WALLET, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, SOCIAL SECURITY NUMBER OR COUNTRY IDENTIFICATION NUMBER, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE ALSO MAY ASK TO SEE YOUR DRIVER'S LICENSE OR OTHER DOCUMENTATION BEARING YOUR PHOTO AS VERIFICATION OF YOUR IDENTITY. By participating in the Wallet Program, you agree and warrant that the information and statements you provide to us are complete and accurate, including, but not limited to, your real name, date of birth, valid mailing address and residential address (if different), employer identification number, social security number or other identification documentation, date of business formation, and telephone number. If you falsify, misrepresent, or fail to provide accurate information that we request, we may cancel your Wallet. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation. We reserve the right to restrict or delay your access to any such funds.
3. Wallet Overview/FDIC Insurance. Subject to this Agreement, an Employer may fund their Wallet solely to disburse ICHRA amounts to its Employees, and an Employee may access those funds only to make Premium Payments. No other transactions are permitted. The Wallet cannot be used for cash withdrawals, person‑to‑person transfers, purchases of goods or services other than Premium Payments, or any prohibited transaction described in Section 7. Funds in your Wallet are FDIC insured up to $250,000 through TransPecos Banks, SSB, Member FDIC. Coverage is subject to regulatory requirements for pass-through insurance and includes all deposits held in the same ownership capacity at the bank. Catch is a financial technology company, not a bank, and is not FDIC insured. FDIC insurance applies only if the issuing bank fails.
4. Your Wallet and Funding.
a. Your Funding. When you obtain your Wallet, you must use a separate funding Bank Account in your business’ name to add funds to your Wallet (your “Funding”). The Funding cannot be a consumer account and must be held at a U.S. financial institution. You may change your Funding at any time.
b. Balance and Transaction Information. You may use your Monthly Catch’s Employer Report to check the amount of funds you have remaining in your Wallet, or you email the Catch team at help@catch.co to obtain that information.
c. Prohibited Funding Sources. Your Wallet cannot be funded with personal credit, consumer‑purpose lines of credit, or any source other than the Employer’s general operating funds or funds earmarked for the Employer’s ICHRA Program.
5. Fees. THERE ARE NO FEES RELATING TO THE USE (AND MISUSE) OF YOUR WALLET. As of the Effective Date, the Bank does not assess monthly maintenance, load, or transaction fees to holders. Catch Money does not currently charge fees related to this. The bank reserves the right to amend this section in accordance with Section 23. We may from time to time amend the Schedule of All Fees and Charges at our sole discretion as set forth in the Section of this Agreement titled “Amendment and Cancellation.”
6.Your Wallet Liability. Employees are permitted users of your Wallet only for Premium Payments. You (the Employer) remain liable for all loads to, and negative balances in, your Wallet. You will remain liable for any transaction that violates the permitted use restrictions in Section 3 or Section 7. If you want to cancel your Wallet, you may do so as provided in Section 16 of this Agreement (“Wallet Cancellation and Suspension; Limits”). However, until Catch has received your notice of such cancellation and has had a reasonable time to act upon it, you are responsible for all transactions and fees incurred by you or any other person you have authorized.
7. Limitations on Frequency and Dollar Amounts of Transactions. The Wallet may be used only for Premium Payments processed by Catch Money or an insurance carrier. ATM withdrawals, cash advances, P2P transfers, purchases of goods or services, and merchant credits unrelated to Premium Payments are prohibited and will be declined. For security reasons, we may further limit the number or dollar amount of transactions you can make with your Wallet. The following grid is provided in order to highlight the frequency and limitations of transactions in a single day or additional time frame if warranted (the “Premium Payment Limits,” which apply per separate Wallet).
| Transaction/load Type | Maximum Amount |
|---|---|
| Purchases (POS) (US Businesses only) | $25,000 per transaction $80,000 per day (the “Daily Purchase Limit”) |
The Bank reserves the right, in its sole and absolute discretion, to reduce these limits or impose additional limits for risk or compliance reasons.
8. Adding Funds to Your Wallet. You may add funds to your Wallet only by initiating an ACH credit from its Funding. This is the only way that you may add funds to your Wallet. The maximum load amount per single transaction is $250,000. The aggregate load amount for a full day is $250,000.
9. Your Obligation for Negative Balance Transactions. Each time you initiate a Wallet transaction, you authorize us to reduce the funds available in your Wallet by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount in your Wallet through an individual transaction or a series of transactions (creating a “negative balance”). Nevertheless, if any transactions cause the balance in your Wallet to go negative, including any purchase transactions where the retailer or merchant does not request advance authorization from us for the transaction, you agree to immediately load the required amount to your Wallet to correct the negative balance. You will also remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. We reserve the right to bill you for any negative balance or to recoup such negative balance from any other Wallet we have issued to you. You agree to pay us promptly for the negative balance and any related fees. We also reserve the right to cancel your Wallet if you create one or more negative balances with your Wallet.
10. Business Days. Our “Business Days” are Monday through Friday, excluding federal and legal banking holidays, from 9:00AM to 5:00PM ET.
11. Authorization Holds. Premium Payments are processed via virtual debit card authorization. Authorization holds functionality applicable to payment cards may apply.
12. Recurring Premium Payments. Recurring Premium Payments may be authorized to an insurance carrier or marketplace. By setting up a recurring Premium Payment, you confirm that each payment is an eligible Premium Payment under your established ICHRA Program.
13. Returns and Refunds. If you are entitled to a refund for any reason for a transaction obtained with your Wallet, Catch will credit your Wallet. Refunded amounts must be used for future Premium Payments or returned to your Funding. You are not entitled to a check refund unless your Wallet has been closed, and cash refunds will not be provided under any circumstances. The amounts credited to your Wallet for refunds might not be available for up to five days from the date the refund transaction occurs.
14. Wallet Cancellation and Suspension; Limits. The Bank and Catch reserve the right, in our sole and absolute discretion, to limit or suspend your Wallet or your use of your Wallet, including limiting or prohibiting specific types of transactions. This includes (but is not limited to) events where your Wallet is used for any transaction other than a Premium Payment or otherwise breaches the permitted‑use restrictions in Section 3 or Section 7. We may refuse to issue a Wallet, revoke Wallet privileges, or cancel your Wallet with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Wallet, you may do so by emailing us at help@catch.co. You agree not to use or allow others to use an expired, revoked, canceled, suspended or otherwise invalid Wallet payment instrument. The cancellation of Wallet privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Wallet privileges through no fault of yours, you will be entitled to a refund as provided below in Section 25 below, titled “Amendment and Cancellation.” Not all services described in this Agreement are available to all persons or at all locations. The Bank and Catch reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We can waive or delay enforcement of any of our rights under this Agreement without losing them.
15. Receipts/Transaction History. Catch will store your full transaction history. A report of all deposits and withdrawals will be provided upon request by contacting the Catch team at help@catch.co.
16. Obtaining Balance and Transaction Information for Your Wallet; Periodic Statements Alternative. You should keep track of the amount of funds available in your Wallet. You may obtain information about the amount of funds you have remaining in your Wallet by emailing the Catch team at help@catch.co. You also may see your Wallet balance by reviewing your Catch Monthly Employer Report. You also have the right to obtain a 24-month written history of transactions by emailing the Catch team at help@catch.co.
17. Confidentiality. The Bank and/or Catch may disclose information to third parties about your Wallet or the transactions you make using your Wallet: (1) where it is necessary for completing transactions; (2) in order to verify the existence and condition of your Wallet for a third party, such as a merchant; (3) in order to comply with government agency, court order, or other legal reporting requirements; (4) if you give us your written permission; (5) to our and Catch ’s employees, auditors, affiliates, service providers, or attorneys as needed; and (6) as otherwise provided in our Privacy Policy Notice below.
18. Our Liability for Failure to Complete Transactions. If we do not complete a transfer to or from your Wallet time or in the correct amount according to our agreement with you, we will be liable for your losses or direct damages. However, there are some exceptions. We will not be liable, for instance: (1) if, through no fault of ours or of Catch , there is not enough funds available within your Wallet to complete a transaction; (2) if access to a Wallet has been blocked after it or the associated virtual debit card is reported lost or stolen; (3) if there is a hold or the funds are subject to legal process or other encumbrance restricting their use; (4) if the Bank or Catch have reason to believe the requested transaction is unauthorized; (5) if circumstances beyond the Bank or Catch ’s control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that the Bank or Catch have taken; or (6) for any other exception stated in this Agreement.
19. Lost or Stolen Wallet /Unauthorized Transfers. If you believe your Wallet has been lost or stolen, immediately email the Catch team at help@catch.co if you believe an electronic transfer has been made using the information from your Wallet number without your permission.
20. In Case of Errors or Questions about your Wallet. If you think an error has occurred in your Wallet, email the Catch team at help@catch.co. You will need to provide Catch: (1) your name and phone number; (2) why you believe there is an error, and the dollar amount involved, and (3) approximately when the error took place. If you tell Catch orally, Catch may require that you send your complaint or question to them in writing within 10 Business Days.
Catch will determine whether an error occurred within 10 Business Days after it hears from you and will correct any error promptly. If we need more time, however, Catch may take up to 45 days to investigate your complaint or question. If Catch decides to do this, we will provisionally credit your Wallet within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If Catch asks you to put your complaint or question in writing and you do not provide it within 10 Business Days, we may not credit your Wallet.
For errors involving new Wallets (that is, Wallets for which the first deposit or value load occurred within the prior 30 days), Catch may take up to ninety (90) days to investigate your complaint or question. For new Wallets, Catch may take up to twenty (20) Business Days to credit your Wallet for the amount you think is in error. Catch will tell you the results within three (3) Business Days after completing the investigation. If Catch decides that there was no error, it will send you a written explanation and debit your Wallet for the amount of the provisional credit. You may ask for copies of the documents that Catch used in its investigation. If you need more information about our error-resolution procedures, contact Catch.
21. Your Liability for Unauthorized Transfers. You agree to exercise reasonable control over the information related to your Wallet.
Tell Catch AT ONCE if you believe your Wallet payment instrument(s)have been lost or stolen or your wallet has been used without your permission, or if your online or written transaction history shows transfers that you did not make, including those made by your Wallet number or other means. The best way to keep your losses down is by emailing the Catch team immediately at help@catch.co. If you tell Catch within two Business Days after you learn of the loss or theft of your Wallet, you can lose no more than $50.00 if someone used your Wallet without your permission. If you contact Catch more than two business days but prior to sixty calendar days, after your Wallet was used without your permission, , you may be liable for up to $500.00.
If you do not tell Catch within sixty (60) days after the earlier of (1) the date you electronically access your Wallet , if that electronic transaction history provided to you reflects the error; or (2) the date Catch sent the FIRST written history on which the error appeared, you may not get back any money you lost after the sixty (60) days if we can prove that timely notification by the Wallet holder could have stopped someone from taking the money if you had told us in time. If a good, documented reason (such as a long trip or a hospital stay) kept you from telling us, Catch will extend the time periods. Determining if this is a good reason will be at our or Catch’s sole discretion.
22. Other Terms; Applicable Law. Your Wallet, and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Wallet is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. Neither we nor Catch waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, whether local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement shall be governed by the law of the State of Texas except to the extent preempted or governed by federal law.
23. Amendment and Cancellation. We may amend or change the terms and conditions of this Agreement at any time by posting an amended Agreement on Catch’s website. We will not apply any amendments to changes to the Arbitration Provision to any arbitration that is pending at the time of the amendment or change. You will be notified of any change in the manner provided by applicable law before the effective date of the change. However, if the change is made for security purposes, we may implement such change without prior notice. We may cancel or suspend your Wallet or this Agreement at any time. You also may cancel this Agreement by emailing the Catch team at help@catch.co. If you cancel your Wallet , you may zero out your Wallet balance before closing your Wallet or request that we send you a check in the amount of your Wallet balance when you close your Wallet . If your Wallet is canceled by us when your Wallet has a balance, we will send you a check in the amount of your Wallet balance for no charge. In all events, any check we send will be sent to the address we have for you in our records. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before termination.
24. Telephone Monitoring/Recording; Calls and Messages to Mobile Phones. From time to time, the Bank and/or Catch may monitor and/or record telephone calls between you and the Bank or Catch to assure the quality of our customer service or as required by applicable law. The Bank or Catch may use automated telephone dialing, text messaging systems, and electronic mail to provide communications and to contact you about this Agreement or your relationship with us. We will call, text or email you only concerning this Agreement or your transactions or relationship with us. We will not call, text or email you for marketing purposes without your consent, to the extent your consent is required by law. Telephone messages may be played by a machine automatically when the telephone is answered whether answered by you, someone else or a voicemail or answering machine. You authorize the Bank and Catch to call or send a text message to any telephone number you have given us (or Catch) or you give to us (or Catch) in the future, and to play prerecorded messages or send text messages with information about this Agreement or your transactions or relationship with us. You also give the Bank and Catch permission to communicate such information to you by email and/or internet services. You understand that, when you receive such calls or e-mails, you may incur a charge from the company that provides you with telecommunications, wireless, or internet services. You agree that neither the Bank nor Catch will be liable to you for any fees, inconvenience, annoyance, or loss of privacy in connection with such calls, texts or emails. You understand that anyone with access to your telephone, answering machine or email may listen to or read the messages, notwithstanding our efforts to communicate only with you. You generally may not withdraw your consent given in this Agreement for the Bank and Catch to use automated telephone dialing, text messaging systems, and electronic mail to provide messages to you relating to this Agreement, your transactions or your relationship with us. However, to the extent we are required by applicable law to allow you to revoke your consent to these messages, you may do so by contacting us help@catch.co or via our online chat available at catch.co.
25. Arbitration and Waivers
BE SURE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.
Election to Arbitrate
You and the Bank agree that the sole and exclusive forum and remedy for resolution of a claim be final and binding arbitration pursuant to this section (the “Arbitration Provision”). As used in this Arbitration Provision, “Claim” will include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
You have the right to opt-out of this arbitration clause and it will not affect any other terms and conditions of this Agreement or your relationship with us. TO OPT OUT, YOU MUST NOTIFY US IN WRITING OF YOUR INTENT TO DO SO WITHIN SIXTY (60) DAYS AFTER OPENING YOUR WALLET. Your opt-out notice can be a letter that is signed by you that states “I elect to opt out of the arbitration clause in my Wallet Agreement for Wallet #” or any words to that effect. Send the notice to customercare@transpecos.bank . An election to opt out applies only to the numbers identified in your opt-out notice or, if no specific numbers are identified in your notice, then to any numbers that became subject to the arbitration clause within the sixty (60)-day period before we received your notice. The arbitration clause will apply to any claims between us relating to any numbers for which we do not receive an opt-out notice as described in this section.
Applicability of the Federal Arbitration Act; Arbitrator’s Powers This Arbitration Provision is made pursuant to a transaction involving interstate commerce and will be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator will take steps to reasonably protect confidential information. In any arbitration arising out of or related to this Agreement, the arbitrator will apply the limitation of liability set forth above and, for the avoidance of doubt, is not empowered to award (a) punitive or exemplary Losses, except where permitted by statute, or (b) incidental, indirect or consequential Losses, or Losses for lost profits. The parties waive any right to recover all such Losses.
Informal Dispute Resolution If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to us by email at the address specified above and provide us with the opportunity to resolve your concern prior to initiating arbitration.
Arbitration Procedures
The party initiating arbitration will do so with the American Arbitration Association (“AAA”). The arbitration will be conducted by a single arbitrator according to, and the location of the arbitration will be determined in accordance with the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with AAA online at www.adr.org or by calling 1-800-778-7879. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision will control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
Arbitration Fees
If we initiate arbitration, we will pay all the administrator's filing costs and administrative fees (other than hearing fees). If you initiate arbitration, filing costs and administrative fees (other than hearing fees) will be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We will pay the administrator's hearing fees for one (1) full day of arbitration hearings. Fees for hearings that exceed one (1) day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party will bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights will apply in the arbitration notwithstanding anything to the contrary herein.
Appeals
Within thirty (30) days of a final award by the arbitrator, any party may appeal the award for reconsideration by another arbitrator selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within thirty (30) days after notice of the appeal. The arbitrator will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal will be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the initial arbitrator that is not subject to appeal, and any award on appeal, will be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction.
No Class Actions
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration will determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and will not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator will have the power or authority to waive, modify, or fail to enforce this section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, will be invalid and unenforceable. Any challenge to the validity of this section will be determined exclusively by a court and not by the administrator or any arbitrator.
Survival and Severability of Arbitration Provision
This Arbitration Provision will survive the termination of this Agreement. If any portion of this Arbitration Provision other than the subsection titled “No Class Actions” is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision will nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in the previous subsection are finally adjudicated pursuant to the last sentence of that subsection as unenforceable, then no arbitration will be had. In no event will any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
Judicial Forum for Claims
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and we agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in San Antonio, Texas. Both you and we consent to venue and personal jurisdiction there. All parties agree to waive our right to a jury trial.
WAIVER OF RIGHT TO LITIGATE
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY BUT ARE HEREBY KNOWINGLY AND VOLUNTARILY WAIVING THAT RIGHT BY AGREEING TO THIS AGREEMENT AND ARBITRATION PROVISION.
26. Delivery of Electronic Communications. To open an Account, you must agree to go “paperless.” This means that you must (a) provide us with and continue to maintain a valid email address and (b) accept electronic delivery of all communications that we need or decide to send you in connection with your Account by agreeing to the ESIGN Consent Document, available at https://catch.co/legal/electronic-disclosures-consent.
FDIC insurance eligibility and other protections. When we receive the funds that you deposit to your Wallet , the funds will be held and ed for so as to be eligible for FDIC pass through insurance the event TransPecos Banks fails, if specific deposit insurance requirements are met.
27. Benefit Plan Compliance. Each Employer represents and warrants that its ICHRA Program complies with applicable tax, employment, insurance, and ERISA requirements. Neither the Bank nor Catch Money acts as a plan administrator, fiduciary, or ERISA service provider with respect to any ICHRA Program. Employers are solely responsible for plan documentation, nondiscrimination testing, reporting, and all other plan obligations.
28. Prohibited Transactions. The following transactions are expressly prohibited and will be declined or reversed if detected:
a. Cash withdrawals, cash advances, or deposits to ATMs.
b. Payments to merchants other than insurance carriers, state or federal marketplaces, or other parties explicitly permitted in writing by the Bank.
c. Peer‑to‑peer transfers, person‑to‑person payments, or wallet‑to‑wallet transfers.
d. Cryptocurrency or digital‑asset purchases.
e. Any transaction that the Bank reasonably believes is for personal, family, or household use unrelated to the ICHRA Program.
Violation of this section may result in immediate suspension or closure of your Wallet.
29. Defined Terms and Interpretive Provisions. English language controls. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information provided in the English language version of the Agreement. Furthermore, all capitalized terms used in this Agreement assume the meanings as defined in this Agreement, and, for the purposes of this Agreement, the following capitalized terms assume the corresponding meanings:
a. “Employer” means a business entity that funds a Wallet under this Agreement for the sole purpose of making individual coverage health reimbursement arrangement (ICHRA) disbursements to its Employees.
b. “Employee” means an individual authorized by an Employer to receive ICHRA disbursements through the Program.
c. “ICHRA Program” means an individual coverage health reimbursement arrangement within the meaning of 26 C.F.R. § 54.9802‑4.
d. “Premium Payment” means a payment of premiums for an Employee’s individual health‑insurance policy purchased through a state or federal marketplace, or reimbursement thereof, that is eligible for the ICHRA Program.
e. “Funding ” has the meaning set forth in Section 4(a) and must be titled in the Employer’s legal name.