Sweep Agreement
Updated:
April 9, 2024
1.1 Introduction
This Sweep Agreement ("Agreement") outlines the conditions under which Dashfi Inc, doing business as dash.fi ("dash.fi"), may sweep funds from the Cash Reserve Account held at Wells Fargo Bank ("Wells Fargo") into a Restricted Account at Wells Fargo, for the purposes of obtaining a cash-secured loan from Wells Fargo. 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.
By participating in the dash.fi Secured Card Program and utilizing the Cash Reserve Account, the Cardholder ("You") consent to the automatic sweeping of Cash Reserves, as defined in the Cash Account Agreement, in accordance with the terms and conditions set forth in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS YOUR ACCEPTANCE AND USE OF THE SERVICE IS YOUR CONSENT TO THIS AGREEMENT.
2.1 Definitions
“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 the Cash Account 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 Cash Reserve 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.
3.1 Sweep Mechanism
3.11 Dash.fi will automatically sweep the Cash Reserves from the Cash Reserve Account at Wells Fargo into a Restricted Account, also held at Wells Fargo in dash.fi's name, whenever such Cash Reserves reach a predetermined threshold or at a frequency designated by dash.fi.
3.12 The purpose of this sweep is to utilize the Cash Reserves for obtaining a cash-secured loan from Wells Fargo, which will enhance the benefits available under the Secured Card Program, including but not limited to increased credit availability for the Cardholder. 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.
4.1 Restricted Account
4.11 Both the Cash Reserve Account and the Restricted Account are held in the name of dash.fi. Dash.fi maintains the legal title over the accounts while acting in the best interest of the Cardholder, who benefits from the funds within these accounts.
4.12 All withdrawal provisions and limitations applicable to the Cash Reserve Account, as outlined in the Cash Account Agreement, shall also apply to the Restricted Account
4.13 Dash.fi reserves the right to temporarily withhold the processing of a Cash Reserve withdrawal request under circumstances detailed in the Cash Account Agreement, including but not limited to compliance with legal obligations and resolution of security incidents.
4.14 Such temporary holds on withdrawals will not alter the Cardholder's ownership of the Cash Reserves. The Cardholder retains full ownership of the funds within both the Cash Reserve Account and the Restricted Account during any period of withdrawal hold, ensuring the Cardholder's interests are safeguarded.
4.15 Dash.fi will provide the Cardholder with timely notifications regarding any sweeps from the Cash Reserve Account to the Restricted Account, including information on the scheduled sweep and the amount involved.
4.16 Funds in the Cash Reserve Account and the Restricted Account are eligible for FDIC insurance protection on a “pass-through” basis per Cardholder, up to the applicable limits. Dash.fi will take necessary steps to ensure that the Cardholder's funds benefit from FDIC pass-through insurance coverage, acknowledging the aggregated insurance limits per depositor, per insured bank.
5.1 Rights
5.11 Cardholder gives and grants dash.fi full ownership in all Cash Reserves in the Restricted Account 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.
5.12 Dash.fi may pledge, re-pledge, hypothecate, re-hypothecate, lend or otherwise utilize Cash Reserves swept into the Restricted Account in the following capacities:
- To hold funds in reserve accounts, pooled accounts, and/or operating accounts at dash.fi’s bank partners; lend funds to dash.fi in order for dash.fi to fund Cardholder transactions and any other operating activities, and/or provide credit, payment terms or loans to Cardholders subject to Cardholders Terms of Service;
- To sweep into the Restricted Account at Wells Fargo, for the purposes of obtaining a cash-secured loan from Wells Fargo to enhance your benefits within the Secured Card Program.
6.1 Governing Law
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
7.1 Survivability
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.
