Last updated: August 22, 2023
General Agreement. By using the website and mobile applications (website and mobile applications) provided and maintained by Modern Finance Inc., d/b/a Modern, you agree to these terms and conditions. Please do not use the website and mobile applications if you do not agree with these terms and conditions. We may change these terms and conditions and the changes will be posted on this website.
Social Responsibility. You may not post objectionable or offensive content to the website or mobile applications, misuse of any information posted to a site, misuse passwords, or use legally protected systems and third-party content without proper authorization.
Information Sharing. Modern may disclose and transfer any information that you provide through this website or mobile applications to any of our authorized agents or service providers; (ii) any person or entity in accordance with our Privacy Policy; or (iii) if we have a duty or are permitted or compelled by law to disclose such information. You consent the transmission, transfer or processing of the information you provide on the website and mobile applications. We may monitor, track and record your interactions, patterns, access devices, Internet Protocol addresses, or characteristics when you use this website and the mobile applications and, by your use of this website and the mobile applications, you expressly consent to such monitoring, tracking and recording.
Disruption of Service. Access to the website or the mobile applications may be unavailable, delayed, limited or slowed due to, among other things:
• Hardware failure, including failures of computers, servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
• Software failure, including bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content • Overload of system capacities
• Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of god, accident, fire, water damage, explosion, mechanical breakdown or natural disasters, interruption of power supplies or other utility of service, strike or other stoppage of labor, governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
• Any other cause beyond the control of Modern
Links to other Sites. Modern provides links to non-Modern website for information on topics that may be useful to you. Modern does not control the content of non-Modern websites. If you click on a link or otherwise link to a website not controlled by Modern , Modern makes no warranties, either express or implied, concerning the content of the site, including the accuracy, completeness, reliability or suitability for any particular purpose. Furthermore, Modern does not warrant that the non-Modern site is free from viruses or other contamination. You should not infer that links to non-Modern imply any endorsement of or responsibility for the opinions, ideas, products, representations, information or services provided at these sites.
Use of Cookies. Modern uses cookies to ensure that we give you the best experience on our website or mobile applications. If you continue to use our website and mobile applications without changing the settings on your web browser, we will assume that you have authorized us to receive cookies on the Modern website and mobile applications. You may, however, change your cookies settings at any time, but you may not be able to access the website or mobile applications, or the performance of the website or mobile application may not be optimal.
Social Media Sites. Modern may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among Users who’ve registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
Access to Accounts that are Not Yours. If you use Modern’s website, mobile applications, or systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in Modern ’s records and systems, you will indemnify, defend, and hold harmless Modern, and all of its officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such unauthorized access, including the cost and expenses of investigation and analysis, correction or restoration of any destroyed, lost or altered data, losses associated with a data breach of the system(s) of any person or entity with whom you provided or shared Modern customer account data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related costs. Any exercise of Modern ’s rights to indemnification shall be without prejudice to other rights and remedies in law or equity. You agree to this indemnity by accessing account data through Modern ’s website or systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise.
Website and Mobile Application Content and Materials. The information on the website and mobile applications are for information purposes only and Modern does not warrant its completeness, timeliness or accuracy. Modern may, without advance notice, change the terms and conditions of access to and use of information and materials on the website and the mobile applications. Modern will let you know of the changes by substituting a revised Terms of Use on the Modern website and the changes will be effective when posted unless indicated otherwise. The products and services promoted in this website and the mobile applications, including any associated fees, charges, interest rates, and balance requirements, may differ depending upon the geographic locations. Not all products and services are offered in all states. Certain portions or pages of the website and mobile applications are subject to additional disclosures and disclaimers. By using this website and mobile applications, you will not engage in any activity related to the website and mobile applications that is contrary to applicable law, regulation or the terms of any agreements you may have with Modern. You agree to limit access to your password or other identifying information to authorized individuals. Modern may discontinue or make changes in the information, products or services described herein at any time without prior notice to you. Any dated information is published as of its date only. Modern may terminate any website or mobile application offerings or transmissions without prior notice to you.
Sanctioned Countries. You agree not to attempt to log on to the website or any mobile application from any country sanctioned by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury (Treasury). See, Countries Under OFAC Sanctions from the Treasury website. We may block, restrict, or terminate your access to the website or the mobile applications if you attempt to log on to the website or mobile application from an OFAC sanctioned country.
Copyright Protections. The works of authorship contained in the Modern website and mobile applications, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Modern. Except as otherwise expressly stated herein, you may not copy, transmit, display, perform, distribute, license, alter, frame, store for subsequent use, or otherwise use in any manner such works of authorship without Modern 's prior written consent, except to the extent permitted by the copyright act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Modern 's proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
Trademark Protections. Modern is the marketing name for the retail financial services activities of Modern in the United States. Modern and the Modern logos are property of Modern. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.
LIMITATION OF LIABILITY. THE WEBSITE AND MOBILE APPLICATIONS (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND MOBILE APPLICATIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE". MODERN AND THIRD-PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE OR MOBILE APPLICATIONS AND DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND MOBILE APPLICATIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, MODERN WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE OR THE MOBILE APPLICATIONS, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE MOBILE APPLICATIONS AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. MODERN WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND MODERN'S CONTROL. MODERN AND THIRD-PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND MOBILE APPLICATIONS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. MODERN WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS WEBSITE AND THE MOBILE APPLICATIONS OR ANY PORTION THEREOF, REGARDLESS OF WHETHER Modern HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Severability and Governing Law. If any provision of these terms of use are unenforceable, the remaining terms and provisions will be unimpaired. These terms of use are subject to other agreements you have entered into with Modern. The user's access to and use of the website and mobile applications, and the terms of this disclaimer, are governed by the laws of the District of Columbia.
Our Services
Overview: Modern’s Solution is an embedded payments platform for billers that enables customers to pay bills and renew service, even when cash is tight. When an eligible customer selects 'Pay with Modern', Modern enables customers to renew today and defer payment for a month of service. Each month, the customer repays Modern by either renewing service with the biller (loyalty) or repaying Modern with no interest.
How to Pay with Modern:
1. Through a participating biller, select "Pay with Modern" as the payment method.
2. If eligible, review and accept your payment plan, which includes details about the amount due immediately and the payment schedule.
3. Once the payment plan is accepted, Modern is responsible for communicating directly with the biller to renew your service. You should receive a confirmation from the biller within 24-48 hours.
4. Each month during the payment plan, in order to repay Modern, you may choose to either, 1) make an on-time bill payment and renew service directly with the Biller, or 2) make the installment payment to Modern with no interest. In order to meet the payment obligation in either case, you must make the payment no more than five (5) calendar days after the renewal date outlined by the biller.
Eligibility requirements to pay with Modern:
The exact eligibility requirements are unique to every biller and determined by Modern and the biller prior to offering Modern as a payment option. However, Modern maintains basic eligibility requirements where a customer must have:
1. An account with the biller in good standing
2. At least one eligible linked account with Modern. Eligible accounts must at least 60 days old.
3. At least $25 balance in linked account
4. Verified income in last 60 days
Promise to pay
By using our Services, you (as the registered account holder) provide us with unconditional and irrevocable consent and direction to pay the bill issuer in consideration for your agreement and obligation to pay us, together with any additional applicable fees. While we do not impose late fees, if you fail to timely (i) make your bill payments to the bill issuer as per your schedule, or (ii) make installment payments to Modern, you acknowledge that you have failed to pay us. In order to meet the payment obligation to Modern as outlined above, you must make the payment no more than five (5) calendar days after the renewal date outlined by the biller.
Modern warrants that it has no legal or contractual claim against you based on a failure to repay, but Modern will not provide you further access to pay with Modern while any amount remains unpaid under the Modern service. With respect to a failure to repay, Modern warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. Modern does not waive any rights regarding fraudulent activity, and Modern will pursue instances of fraud.
In order to use the payment functionality of Modern Finance Inc’s application, you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at help@modernwallet.co.
Agreement to Provide Accurate Information
When you provide information to Modern or in connection with the Services, you agree to provide only true, accurate, current, and complete information about yourself.
