Found Cashback Terms 

Published: July 12, 2023

Welcome to the “Found Cashback Program”!

These Found Cashback Program Terms (these “Cashback Terms”) govern your (“you”) participation, access, and use of the Found Cashback Program (“Cashback Program”) and are incorporated into the Found Terms of Service between Found and you.

For the purposes of these Cashback Terms, the Found Terms of Service, the Found Privacy Policy and any other terms and policies referenced in those documents are referred to together, as the “Found Terms”. For the purposes of these Cashback Terms, “Found”, “we”, or “us” refers to Found.

We urge you to carefully read these Cashback Terms and the Found Terms as they govern your participation in the Cashback Program and constitute a legally binding agreement between you and Found. Capitalized terms used in these Cashback Terms without definition shall have the meanings ascribed to them in the Found Terms. IF THERE IS ANY CONFLICT BETWEEN THESE CASHBACK TERMS AND THE FOUND TERMS, THESE CASHBACK TERMS SHALL GOVERN WITH RESPECT TO THE CASHBACK PROGRAM ONLY, AND THE FOUND TERMS SHALL GOVERN IN ALL OTHER MATTERS.

Found is not a bank. Found provides you with access to products and services provided by third parties, including Piermont Bank, Member FDIC, (“Sponsor Bank”) that offers Found-branded banking products and services. Some services related to these Cashback Terms may be provided by Sponsor Bank. Your Found Account  remains subject to the Piermont Business Account and Mastercard Terms.

1. Cashback Program Overview

Found and a third-party service provider have created this Cashback Program to allow you to earn rebates or discounts (“Cashback”) for using your Found Mastercard® (your “Card”) to purchase goods and services through promotional offers (“Offers”) made by certain third party merchants (“Merchants”).  

2. Enrollment and Acceptance of Terms

By enrolling and participating in the Cashback Program, you agree to be by bound by and acknowledge that your participation in the Cashback Program is subject at all times to the Found Terms, including these Cashback Terms, and any Merchant Terms (as defined below) for any Offers you participate in. Moreover, consistent with Found’s Privacy Policy, you consent to receive marketing and/or promotional materials from Found and Merchants related to Offers that may be available to you, now or in the future. If you do not accept these Cashback Terms in their entirety, you may not participate in the Cashback Program.

In the event you are issued a new Found Card while maintaining enrollment in this Cashback Program, requesting or activating such Found Card will constitute consent to enroll it into this Cashback Program.

3. Modification or Changes to Cashback Terms or Cashback Program; Cancellation

The Cashback Program, these Cashback Terms, and any aspect thereof are subject to change or cancellation by Found at any time, with or without advance notice to you, unless notice is required by applicable law. Found may amend or update these Cashback Terms at any time by posting a revised version here or through other communications. By continuing to participate in the Cashback Program after such changes, you are indicating that you accept modifications or changes to the Cashback Program.

4. Eligibility

You may only participate in the Cashback Program and receive a Cashback if you are:

• A Found user with a Found Account and a Found Card;

• Over 18 years old and in each case have registered with Found;

• Not in violation of any international, national, state, or local law or regulation as applicable to your eligibility to participate in the Cashback Program in whole or in part;

• In compliance with the Found Terms, including without limitation, maintaining one Found Account in good standing for the duration of your participation in the Cashback Program; and

• In compliance with these Cashback Terms.

We have sole discretion to determine if you are eligible to participate in the Cashback Program and may suspend, restrict, or otherwise terminate your access to the Cashback Program at any time. If you are not eligible or we terminate your right to participate in the Cashback Program, you will not receive or be able to earn any Cashback which has not already been deposited into your Account.

5. Offers Terms

Participation in Offers may be subject to specific Merchants’ terms and conditions (“Merchant Terms”) which are in addition to these CashBack Terms. The Merchant Terms may provide you with additional information such as (i) the types of products or services being sold in conjunction with the Offer, (ii) the purchase amount required to complete an Offer, (iii) the period of time that each Offer will be eligible, (iv) the amount of the Cashback or (v) other terms and conditions. By participating in any specific Offer, you consent and agree to abide by any applicable Merchant Terms.

The Offers may be promoted through different channels including by Found through the App. The available Offers presented on the App are subject to change at any time with or without notice to you. The Merchant Terms may be made available in the App or will be provide to you by the applicable Merchant making the Offer. You agree that Found or the applicable Merchant may be disable or alter an Offer at any time for any reason without liability to Found.

6. Completing Offers

You shall be responsible for properly executing and completing an Offer to earn Cashback, and you agree that Found will not be liable for any failure to execute an Offer correctly. To execute an Offer, you must complete an eligible transaction with the Merchant who is making the Offer using your Card. 

In order for you to receive Cashback for completing an Offer, Found and its third party service provider must be able to confirm that you have finalized a transaction for the Merchant making an Offer. Found may not be able to make such confirmation and your purchase may not qualify to receive Cashback if (1) a third-party, not the Merchant, processes the transaction, (ii) the transaction is processed under a different name from the Merchant, and (iii) the transaction is processed using technology that does not support transmission of merchant category code (MCCs) and Merchant names. 

7. Cashback. 

(a) Calculation. Upon completing an Offer, you will earn Cashback consistent with these Cashback Terms and the Merchant Terms of the Offer in which you participate. Your Cashback will be calculated based on the purchase price, which will not include any additional costs associated with the transaction, such as tips, taxes, etc. 

(b) Tracking. Cashback will not appear or otherwise be reflected in any receipt that you receive from a Merchant for a participating transaction. You will be able to view Cashback that you earn in the App.

(c) Cashback. Found will only post Cashback based on information it receives from its third-party service provider who Found uses to operate and facilitate the Offers. If Cashback is earned, it will be deposited directly into your Found Account. 

(d) Timing of Cashback. Commercially reasonable efforts will be made to make deposits within fourteen (14) days of the completion of the applicable Offer. Please ensure that your Found Account is in good standing and not dormant, cancelled, or closed to allow us to issue any applicable Cashback to your Account. We may delay disbursing Cashback for a variety of factors, including without limitation: (i) the completeness of any additional documentation we may request to process the Cashback; (ii) to comply with applicable law; and (iii) other circumstances that may delay disbursements.

(e) Adjustments. Within one hundred and eighty (180) days from the transaction leading to your receipt of Cashback, Found reserves the right to adjust any Cashback you have earned in the event that we believe, in our sole and exclusive discretion, that an adjustment for a transaction is necessary including, but not limited to, in cases involving abuse, misuse, gaming of the Cashback Program, returns, chargebacks, refunds, and/or fraud

(f) Discrepancies. You must notify us using the “Contact Us” information in the Found Terms or the App of any discrepancies in your Found Account within thirty (30) days of the activity date. Requests must include your name, and supporting documentation as we may request.

(g) Restrictions. 

(i) WE MAY IMPOSE RESTRICTIONS AND LIMITATIONS ON ELIGIBILITY FOR THIS CASHBACK PROGRAM INCLUDING ANY OF THE RESTRICTIONS DESCRIBED HEREIN. 

(ii) Your Cashback cannot be combined, accrued or transferred from multiple Found Accounts (including those of family members) or other sources into a single Found Account. Unless otherwise indicated, individual Offers are limited to one per Found Account. 

(iii) The granting of any Cashback as part of the Cashback Program is within Found’s sole discretion and all decisions related to the Cashback Program are final and non-appealable. We may delay, suspend, or restrict any Cashback if we reasonably determine that such action is necessary to comply with applicable law or our internal compliance standards.

8. Your Responsibilities and Use Restrictions

You agree not to do any of the following in connection with your participation in the Cashback Program:

• Attempt to or maintain more than one Found Account;

• Exploit any vulnerabilities you discover in any way for any reason, including exploitation of any data uncovered by way of such vulnerability;

• Attempt to deceive any Merchant or Found;

• Violate any other applicable laws or regulations, including those prohibiting unauthorized access to data; or

• Violate any other use restriction contained in the Found Terms.

You agree to do all of the following in connection with your participation in the Cashback Program:

• Inform us as soon as possible upon discovery of any error, vulnerability, or other bug (“Errors”) whether such Errors are outside of the scope of the Cashback Program or not; and

• Avoid disruptions to others, including but not limited to unauthorized access to or destruction of data, theft, and interruption or degradation of our Services.

If you violate these Cashback Terms, you may be prohibited from participating in the Cashback Program and future Found programs.

9. Tax Information

All Cashback will be categorized as a rebate or discount for the purchase of goods and services from Merchants. It is not expected to be reported as taxable income under IRS regulations. Notwithstanding the foregoing, you understand that you are responsible for determining and obtaining appropriate tax treatment for any Cashback you receive, and you are solely responsible for any taxes arising from or related to any Cashback or Offer that you participate in. By participating in any Cashback Program, you hereby release and indemnify Found from any liability for any such taxes.

10. Warranties and Disclaimer

Found is not a party to any Offer or transaction that you make to participate in an Offer. Found makes no warranties regarding any purchase from or transaction with Merchants, including without limitation a warranty of merchantability or fitness. You agree that Found shall not be liable in connection with any dispute, faulty, or defective merchandise or other issues that may arise in connection with any such purchase or transaction, whether as part of any Offer or otherwise.

11. Termination

Found shall have the right, at its sole discretion, to terminate this Cashback Program immediately with or without cause upon written notice to you. In addition, these Cashback Terms and the Cashback Program shall terminate automatically upon any termination of the Found Terms between you and Found. Any Cashback earned prior to such termination will be paid to you as detailed herein. 

13. Miscellaneous

Found’s failure to enforce any right or provision of these Cashback Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Found. Except as expressly set forth in these Cashback Terms, the exercise by either party of any of its remedies under these Cashback Terms will be without prejudice to its other remedies under these Cashback Terms or otherwise.