Introduction

Welcome to LemFi (the ‘Site’), which is owned and operated by Lemonade Technology Inc. “LemFi”, a Delaware corporation (together with all subsidiaries thereof, the “Company”, “we”, “us”, “LemFi”, interchangeably). Please be aware that the Service may be provided by any of LemFi’s affiliated (defined below) companies depending on your location. LemFi is not a financial institution, we provide the Services through our partner who is a licensed and registered financial institution.

• All visitors (“Site Visitors”) to the Company’s website located at https://www.lemfi.com / (the “Website”);
• Anyone who downloads or uses (“Application Users”) the Company’s mobile application (the “Application”);
• Anyone who enrolls for the Services of the Company (“Clients”).

Site Visitors, Application Users, and Clients are referred to collectively as “Users” or “you” “your”.

1. What is this?

These Terms constitute a contract. You may not use the Service if you do not accept these Terms. By using any part of the Service, you accept these Terms (hereinafter also referred to as “User Agreement”). If you are under eighteen (18) years of age, you may not use the Service.
We grant you a limited, non-transferable, personal right and license to use the Service and any associated software application through which it may be provided. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software (except as, and only to the extent that, any of the foregoing restrictions are prohibited by applicable law or to the limited extent permitted by the licensing terms governing use of any open sourced components included within the software).
We reserve the right to change this User Agreement from time to time without notice by posting an updated copy of this User Agreement to the Site. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

2. This User Agreement becomes effective as of when?

These Terms become effective as soon as you:

• Click and accept these terms or Privacy Policy;
• Start using our Services;
• Start using this Website.
  Whichever happens first.
  If you do not want to accept these Terms, do not use this Website or the Services available through it.

3. What are the Services?

The Service allows people to send money to many different countries around the world. We recommend that you use the Service only to send money to people you know personally. You should never use the Service to send money to strangers.

3.1 You are not allowed to do any of the following:

• Provide information that is misleading, not accurate or incorrect as of the day of joining us.
• Share your login information with other people.
• Try to access our Services through any automated, unethical, or unconventional means.
• Engage in any activity that disrupts or interferes with our Services, including messing up with our servers and/or networks.
• To attempt to copy, duplicate, reproduce, sell, trade or resell our Services.

If you fail to follow the rules above, note that you are the only person responsible for any consequences, losses, damages that we may, directly or indirectly, incur or suffer due to any unauthorized activities conducted by you. You could incur in criminal or civil liability.

4. Who is who and what is what in this agreement?

4.1 “Application” means the LemFi application.

4.2 “Beneficiary” means someone who receives money from you the Sender through the Service.

4.3 “Money transfer” means the transmission of funds to a designated Beneficiary pursuant to payment terms entered directly by you into the Website or our Application.

4.4 “Sender” means someone who uses the Service to send money. Usually this is you.

4.5 “Transaction” means the specific instruction to send money through the Service.

5. What about your Privacy?

To provide you with the Service, you must authorize the provision of certain personal information to us as described in our privacy policy. Our privacy policy governing the Service is here privacy policy and is herein incorporated. By accepting these Terms and moreover by using our Service, you consent to and authorize the collection and use of your personal information in accordance with the privacy policy.
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to us or our service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data

6. What do we need from you to provide the Service?

6.1 Your personal information as enlisted in the privacy policy.

6.2 You to follow and register yourself as a user, that includes you providing certain personal information and documentation such as passport, debit card information, social security number or your personal numbers, etc. Please review our privacy policy for more information on this.

6.3 To keep your account secure. We recommend you use a strong password and keep it confidential.

6.4 Do not transfer any part of your Account.

6.5 Keep your access codes to yourself. If someone else uses your access code, we will assume it is you and you will be liable for any Transaction made through the Application.

7. What can we do to avoid you being subject to fraud?

7.1 We will do all that we reasonably can to prevent unauthorized access to the account. If you have followed all the security provisions above, we will accept liability for any loss or damage to you resulting directly from any unauthorized access to your account subject to these Terms.

7.2 We have the ability to block or refuse to authorize any use of the Services which could breach these Terms, or if we believe that you or a third party have committed or are planning to commit fraud or any other illegal or un-permitted use of the Service.

8. How to use our Service?

8.1 You may access your account information by logging into your account through our Website or the Application. From here you will be able to access the details of your Transactions, including dates, currencies, charges, or exchange rates applied. This information will be available to you at any time and can be stored and reproduced as necessary. You can only remit up to the amount that is available in your account. If you do not have enough funds you will not be able to make the Transaction. Once you have inserted all the details necessary to make the Transaction, the amount will be deducted from your account and transferred to the account inserted by you.

8.2 Once a Transaction is authorised, the relevant payment order may not be withdrawn (or revoked) by you after the time it is received by us. A Transaction will be deemed to have been received by us at the time you authorise the Transaction at the moment a payment order for a Transfer is provided to and received by us at the time it is issued by you via the Account.

8.3 You may cancel a Transaction after sending the instructions by contacting Customer Service withing the following 30 (thirty) minutes of the Transaction being authorized. After this, we cannot ensure the Transaction will be revoked.

8.4 If you instruct us to pay a Transaction to a designated Beneficiary and later request that we stop the payment of such Transaction within the time frames set from time to time by us (but in no event will the time limit we set be less than thirty (30) minutes from the time on the receipt of the Transaction), we will need to check first if the Transaction has been paid to the Beneficiary. If we can confirm that payment has not been made, the Transaction will be cancelled and we will refund or credit back to you (at your bank account or credit/prepaid card that was the source of the funds) the amount of the Transaction, including the Transfer Fee. Your refund or credit will be in USD. All refunds or credits shall be available promptly.

8.5 You need to keep it legal. We shall not be responsible, and you will be solely responsible, for compiling and retaining your own copy of the data in your account and your what you do with it. In the event you terminate this User Agreement, we shall have no obligation to store, retain, report, or otherwise provide you with copies of, or access to, the Transaction data or any records, documentation, or other information in connection with any Transaction or the account.

8.6 Your use of the Services shall always be lawful and always adhere to all laws, rules and regulations applicable to the use of the Service, including these Terms

8.7 The use of the account is only for yourself. You may not use the Service to transfer funds on behalf of any other natural person or entity.

8.8 We may change or update our Terms from time to time. When this happens the next time your login your account you will be asked to accept the new Terms, if you do not accept them, we will automatically close your account and we will reimburse any amount that may be stored in your account.

8.9 For us to collect payments from you, to make Transactions, you authorize us to access, charge, or debit funds from any of the payment instruments you prove us in connection with your use of the Service including for example, your credit card, debit card or bank account (“Payment Instrument”). If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. We are not responsible for any fees or charges that may be imposed by the financial institution that issued your Payment Instrument.

9.Can you use the Service without interruptions?

9.1 We try to always maintain the Service available to you, however the Service may occasionally be interrupted for example if we need to carry out maintenance on our System. Please contact us through our Customer Service to notify you of any problems you may be experiencing while using your account or the Services.

10. How to terminate or suspend the access to your account?

10.1 If you want to stop using the Service, just close your account by contacting support@lemfi.com. If there are any funds available in the Application, we will refund them to the debit card where the funds were deducted from.

10.2 We reserve the right to terminate the Service at any time by providing prior written notice.

10.3 We may also suspend or terminate, for such period as may be reasonably required, at any time if:

• We reasonably believe that you have used or are likely to use the Service or allow them to be use, in breach of this User Agreement or to commit an offence.
• The Application may be at risk of fraud or misuse.
• We suspect that you have provided false or misleading information.
• We reasonably believe that you have breached our Anti Money Laundering Policy.
• We are required by law, the police, a court or any relevant governmental or regulatory authority.
• We are required to fulfil our legal obligations in relation to the fight against money laundering and financing terrorism.
• We reasonably believe that there may be unauthorize or fraudulent access to or use of your account or that any of its security features have been compromise, including the unauthorized or fraudulent initiation of a Transaction.
• We have reasonable grounds to believe you are carrying out a prohibited or illegal activity.

11. How to help us get better?

11.1 Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement or at the email address or mailing address listed on your receipt. Residents of various jurisdictions should also look at the receipt for federal and state agencies (with email addresses, toll free numbers, mailing addresses, etc. for such government agencies) that may be contacted to report such a customer complaint.

11.2 If you have any questions or comments about these Terms as outlined above, you can contact us at:
Customer Service: support@lemfi.com
Complaints Team: support@lemfi.com
Financial Ombudsperson: contact@lemfi.com

12. We protect what we have developed.

12.1 You acknowledge that the Service, including but not limited to the content of this Website, text, graphics, links, buttons, logos, and images, as well as all other LemFi’s copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by LemFi or a LemFi affiliate (the “LemFi Intellectual Property”). You agree not to display, use, copy, or modify any LemFi Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this Website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated or electronic device to access the Service; (ii) remove or alter any trademark or other proprietary notice or legend displayed on this Website (or printed pages thereof); or (iii) infringe LemFi’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

12.2 We have the right in our sole discretion to (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and (b) suspend or terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of this User Agreement. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone effecting a transaction on or through the Website.

12.3 YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATION(S) AND FROM ANY ACTION(S) TAKEN AS A CONSEQUENCE OF ANY INVESTIGATION(S) BY EITHER THE COMPANY, ITS AGENTS OR LAW ENFORCEMENT AUTHORITIES OR REGULATORY AUTHORITIES RELATED TO THE SERVICE OR YOUR USE (OR ATTEMPTED USE) OF THE SERVICE.

12.4 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, or for any merchandise, goods or services you may purchase or obtain from them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. We believe in being transparent.

13.1 THIS WEBSITE AND THE SERVICE MADE AVAILABLE THROUGH THIS WEBSITE, ARE PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY UNLESS SPECIFICALLY SO STATED IN WRITING. LEMFI, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS AND AGENTS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATED TO ANY USE OR SERVICE PROVIDED OR SOLD THROUGH THIS WEBSITE

13.2 LemFi is NOT a financial institution. We provide the Service through our partner who is a licensed and registered financial institution. The Service is provided by Community Federal Savings Bank.

13.3 LemFi will use its best efforts to ensure the timely processing of Transactions but makes no claims or warranties regarding the time needed to process a Transaction to completion except as specifically stated on the receipt as to date of availability, as to a great degree, the Service depends on factors outside our control. In certain jurisdictions, disclaimers of implied warranties are not permitted; therefore, the foregoing disclaimer may not apply to you.

13.4 LemFi assumes no responsibility and shall not be liable for any damages or losses of any kind caused by the use of this Website or Service made available through it. This disclaimer includes damages caused by computer viruses, worms, bots or any other computer software problems that may infect or damage your computer software,hardware, memory or any other property of yours as a result of your accessing this Website or using the Service.

14. We are covering ourselves.

14.1 You agree to indemnify and hold LemFi, its affiliates, employees, directors, officers, its suppliers, vendors, service providers, and their respective subsidiaries, officers, agents, partners, employees, and consultants harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service or your connection to the Service, that violate the Terms or your violation of any rights of a third party.

14.2 EXCEPT FOR CLAIMS UNDER SECTION 1810.5(C) OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA OR CLAIMS UNDER OTHER APPLICABLE STATE OR FEDERAL LAWS RESTRICTING LIMITS ON LIABILITIES UNDER THESE CIRCUMSTANCES, IN NO EVENT SHALL LEMFI, ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, REPRESENTATIVES, CORRESPONDENTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 USD (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEMFI HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY CAUSE, INCLUDING, AMONG OTHERS, NEGLIGENCE OR RECKLESSNESS ON THE PART OF LEMFI, ITS AGENTS OR DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.

15. What if you do not agree with us?

15.1 These Terms and any claim shall be governed according to the laws of the State of California, and all activities performed in connection with the Service shall be deemed to have been performed in California. Any controversy, dispute, or claim arising out hereunder or in connection herewith (a “Claim”) shall be governed by and construed in accordance with the domestic laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.

15.2 If a dispute arises between you and us, our goal is to learn about it and address your concerns. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and LemFi regarding the Service may be reported to Customer Service (See “Contact Information,” below) and/or the government agencies listed on your receipt.

15.3 For any claim by a User, the User requesting relief shall be required to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. The User will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.

15.4 All Claims you bring against LemFi must be resolved in accordance with the above paragraph 15.3. All Claims filed or brought contrary to the above paragraph 15.3 shall be considered improperly filed, and a breach of this User Agreement. Should you file a Claim contrary to the above paragraph15.3, LemFi may recover attorneys’ fees and costs (including in-house attorneys) from you, provided that LemFi has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim

16. Other matters, yet important for you to continue reading.

16.1 You must promptly update us with any change in your e-mail address and/or telephone number by updating your profile on our Website. If LemFi does not have correct contact information, LemFi may not be able to notify you with important information or changes in your Transaction status.

16.2 The failure of LemFi to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of this User Agreement as reflected in the provision, and the other provisions of this User Agreement shall remain in full force and effect.

16.3 We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of this User Agreement at any time by reviewing this Website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.

16.4 At its sole discretion, LemFi may refuse any Transaction or limit the amount to be transferred, whether on a transactional or aggregate basis. At LemFi’s sole discretion, such limits may be imposed on individuals, linked accounts, related accounts or households (for any of the foregoing, whether based on real or perceived issues). LemFi reserves the right to change or discontinue the Service (or any part thereof) to any person with or without prior notice, with or without reason.

16.5 LemFi has a regulatory obligation to verify customer information, and to monitor and track certain types of Transaction activity. Customer information that LemFi may select to verify may include customer identity, instructions, beneficiary identification, means of payment for a Transaction and any other information deemed possibly relevant to a review of the Transaction(s). These compliance processes may cause certain Transactions to be delayed or rejected.

16.6 The Service may not be used for commercial purposes. You agree that any commercial use of the Service is in violation of this User Agreement and is undertaken at your own risk. If LemFi discovers you are using the Service for such impermissible purposes, LemFi reserves the right to reject your Transaction(s) and terminate your right to use the Service at any time without notice or liability.

16.7 Only specific Payment Instruments are eligible for use with the Service. LemFi reserves the right, at its sole discretion, at any time to refuse or reject payment by certain types of Payment Instruments.

16.8 Transactions must be settled with a Payment Instrument issued by a U.S. financial institution.

16.9 No Transactions on behalf of third parties are permitted.

16.10 No changes will be permitted to your Transaction after its submission for processing. It is the Remitter’s responsibility to ensure accuracy in the Transaction details before submitting the Transaction.

17. HELP PREVENT CONSUMER FRAUD!

Are you sending money to claim lottery or prize winnings, or on a promise of receiving money? (2) Are you sending money because you were guaranteed a credit card or loan? (3) Are you responding to an Internet or phone offer that you are not sure is honest? (4) Are you sending money to someone you do not know or whose identity you can’t verify? (5) Are you sending money to someone (particularly if outside the country) who claims to be a relative needing cash for an emergency? If so, do NOT send the money or, if you have, ask our customer service agents to request to stop your transfer immediately, or call LemFi. If your money has not been picked up yet (or otherwise taken), we will process the return for you. Once your Transaction has been picked up or credited to an account, which can happen in a short time, the transaction is considered concluded (except in the cases of fraud).

18. Redress and Complaint

18.1 If at any time you are unsatisfied with the handling of your complaint or we cannot resolve the complaint within the 35 business days timeframe, you will be notified of your right to refer the matter to the Consumer Financial Protection Bureau https://www.consumerfinance.gov/ with an address to mail a complaint as Consumer Financial Protection Bureau, PO Box 2900, Clinton, IA 52733-2900, (telephone (855) 411-2372) TTY/TDD) (855) 729-2372 8 a.m. to 8 p.m. Monday through Friday.

18.2 You may also contact the state Regulator. Details of each state regulator are provided below https://www.lemfi.com/state-regulators