Found Flight Program Terms

Last Updated: April 26, 2022

Welcome to the “Found Flight Program”!

Please read these Found Flight Program Terms (these “Flight Terms”) carefully because they govern your participation in the Found Flight Program (“Flight Program”) and your eligibility to earn and redeem a Bonus (as defined below). For the purposes of these Flight Terms, “Found”, “we”, or “us” refers to Indie Technologies, Inc. dba Found.If you are participating in the Flight Program on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Flight Terms. In that case, “you” and “your” will refer to that company or other legal entity.

1. Acceptance of Terms

As a member of Found’s “Affiliate Program” (a “Participant” ) or a person who participates in this program based on a Participant’s invitation (an “Affiliated Customer”), you accept and agree to be bound by these Flight Terms, the Terms of Service available at https://found.com/legal/tos and the Business Deposit Account & Card Terms available at https://found.com/legal/business-account-terms (collectively, the “Found Terms”). If you do not accept the Found Terms in their entirety, you may not participate in the Flight Program. Capitalized terms used in these Flight Terms without definition will have the meaning given to them in the Found Terms. If there is any conflict between these Flight Terms and the Found Terms, these Flight Terms will govern with respect to the disposition of the Flight Program.

2. Flight Program Overview

Found is offering a Bonus for qualifying deposits into your Found account (“Found Account”), subject to the Found Terms. You can receive a maximum of $2,000 in Bonuses as part of the Flight Program. 

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

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

4. Eligibility

You may only participate in the Flight Program if you have:

• Provided Found with accurate, complete and up-to-date information about you, including your name, email address, bank account information, and any other information that Found reasonably requests from you;

• a Found Card (as defined in the Business Deposit Account & Card Terms);

• a Found Account in continuous good standing; and

• satisfied the “Participation Requirements” below.

5. Participation Requirements

(a) Tax Information. We may require certain tax information for you to participate in the Flight Program. Much of the information required on the Form W-8 is identifying information. In other words, the information required relates to your name, location, and tax status. Failure to provide Found with a properly completed Form W-8 may result in the withholding of tax on a Bonus made by Found or your ineligibility to participate in the Flight Program or receive a Bonus. Importantly, all Forms W-8 provided to Found must be submitted in the manner provided by Found including, without limitation, a signature certifying the accuracy of the IRS Form W-8.

(b) Promotional Code. Found may, in its sole discretion, create promotional codes (“Promo Codes”) in connection with the Flight Program. You agree that Promo Codes: (i) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Found; (ii) may be disabled by Found at any time for any reason without liability to Found; (iii) may be subject to additional terms; and (iv) may expire prior to your use. In the event Found, in its sole discretion, determines that the redemption of a Promo Code or Bonus was in error, fraudulent, illegal, or otherwise in violation of the Found Terms, Found reserves the right to withhold or deduct credits, Bonus, or other features or benefits obtained through the use of a Promo Code by you or any other user.

(c) We have sole direction to determine if you are eligible to participate in the Flight Program and may suspend, restrict, or otherwise terminate your access to the Flight Program at any time.

6. Eligible Deposit 

(a) General. A “Qualified Affiliate” occurs when: (i) a Participant enters an Affiliated Customer’s email address or phone number through the Flight portal on the Participant’s Found account or shares their unique referral code directly with an Affiliated Customer, (ii) the Affiliated Customer uses the Affiliate Code to complete their Found sign-up, and (iii) the Affiliated Customer has $100 of Eligible Transactions settled in their Found account. Eligible Transactions include purchases made with the Affiliated Customer’s Found Debit Card, as described below. Upon receiving an Affiliate Code through this Affiliate Program as in part specified in this section, the receiving user becomes an “Affiliated Customer.” Affiliated Customers are eligible to participate in the Flight Program as Participants if they invite their friends and family to become Affiliated Customers subject to the Flight Terms.

(b) Exclusion. For a Qualified Affiliate to be valid, the Affiliated Customer: (i) must be a new Found customer who has not had a Found account in the past; and (ii) is not the same person as the Participant (for example, by using a different email address). The Qualified Affiliate will be associated with the Affiliate Code used as part of this promotion.

(c) Disclaimer. Found is not responsible for attempted deposits to your Found Account that are not successful for any reason. There are no restrictions on the number of deposits you can make to your Found Account. Found retains sole discretion in determining whether deposits constitute an Eligible Deposit in accordance with the Found Terms.

(d) Discrepancies. You must notify us of a potential discrepancy in your Found Account within thirty (30) days of the event giving rise to such potential discrepancy. Requests must include your name, and supporting documentation as we may request.

7. Bonus

(a) General.  Subject to the terms of the Found Terms, all Bonus will be paid in cash to your Found Account. By accepting a Bonus, you represent and warrant that such acceptance is not prohibited or inconsistent with any applicable laws, regulations, or policies (including applicable ethics or procurement rules). 

(b) Affiliated Customer. The “Bonus” for an Affiliated Customer is twenty dollars ($20 USD) once the Affiliated Customer make $100 in Eligible Transactions. 

(c) Participant. Participants receive ten (10) dollars for every one-hundred (100) dollars ($100 USD) in Eligible Transactions a direct Affiliated Customer spends. When a Participants’ Affiliated Customer invites their friends and family to the Flight Program, the Participant can receive an additional two dollars ($2) for each one-hundred (100) dollars ($100 USD) in Eligible Transactions that the next generation Affiliated Customer spends. For instance, if a Participant first Affiliated Customer invites 2 other friends to become Affiliated Customers, the Participant can receive an additional $2 for each new Affiliated Customer that is invited up to $2,000 total in Bonuses received.  (b) Redemptions. You may only redeem a Bonus through redemption options displayed in your Found Account. Redemption options are subject to change and may be subject to additional terms, conditions, and availability. Found is not responsible for and will not monitor the use or redemption of a Bonus. You are solely responsible for ensuring that any actions taken by anyone with access to your Found Account to use or redeem a Bonus do not violate the Found Terms, or laws or regulations applicable to you and your business.

We reserve the right to establish redemption rules and to set a minimum balance of bonuses accrued (“Bonus Balance”) in order to redeem such bonuses, which are subject to change at our sole discretion without notice. Any such changes shall apply regardless of the terms in effect at the time a bonus was accrued. Notifications or changes concerning the procedures for redeeming your Bonus Balance may be posted at https://found.com/legal/. By redeeming a Bonus Balance, you accept any such additional redemption terms.

(c) Timing. Subject to the terms of the Found Terms, you will be able to initiate redemption of a Bonus once Found verifies your Eligible Deposit. The disbursement of a Bonus may be delayed for a variety of factors, including without limitation: (i) the number of Bonuses we need to process; and (ii) the completeness of any additional documentation we may request to process a Bonus.

(d) Restrictions. 

Referral Rewards can only be used via the Found Services and are not redeemable for cash. Participants are eligible to receive multiple Referral Rewards if they make multiple referrals that qualify for a Referral Reward as part of this Affiliate Program, subject to compliance with the remaining terms. Each individual Participant may only obtain a maximum  $2,000.00 in Bonus. As a Participant, you are responsible for any and all tax liability resulting from Referral Rewards.

(e) Eligible Transactions.

• General. Affiliated Customers must make the following Eligible Transactions within the first 180 days of signing up for the Flight Program as an Affiliated Customer. Eligible Transactions include certain cash transactions and purchases by the Affiliated Customer using their Found Card, where the transaction has been settled and not subject to any returns, chargebacks, or other cancellations (“Eligible Transactions”). Any Eligible Transaction will count towards the Affiliated Customer’s Eligible Transaction requirements unless such transaction is identified as an Ineligible Transaction under this Section.

• Ineligible Transactions. Any of the following (collectively, “Ineligible Transactions”) will not be counted towards the Affiliated Customer’s Eligible Transaction requirements:

• Any transaction involving a transfer from the Affiliated Customer’s Found Card balance to a digital wallet, including without limitation to a Venmo, PayPal, Stripe, Cash App, or any other digital wallet provider (“Digital Wallet”) including mobile versions and mobile applications of such Digital Wallet.

• Any purchase or transaction that is reversed including without limitation, by ACH return (as that term is defined under the NACHA Rules) or is cancelled, disputed, reversed, or otherwise rejected for any reason.

• Eligible Transactions must be from a single Found account, and cannot be combined, accrued, or transferred from multiple Found Accounts (including those of family members) or other sources into a single Found Account.

• Any transaction that occurs greater 180 after enrolling in the Flight Program using a Promo Code.

• Disclaimer. Found is not responsible for attempted transfers that are not processed for any reason. Found’s team will aim to review Eligible Transactions on a regular basis. Found retains sole discretion in determining which Eligible Transactions are qualified according to these Affiliate Program Terms.

• Discrepancies. You must notify us using the “Contact Us” information 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.

8. Your Responsibilities and Use Restrictions

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

• Attempt to or maintain more than one Found Account;

• Execute or attempt to execute any denial of service;

• Interact with any third parties (which includes modifying or accessing data from such third party) if such third party has not consented to such action;

• Spam or use any automated vulnerability tools that may generate large traffic volume;

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

• Engage in social engineering (including “phishing”) of Found employees or contractors, or otherwise;

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

• Physically attempt to gain access to Found property; and

• Disclose any personal, financial, or location information publicly.

You agree to do all of the following in connection with your participation in the Flight 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 Flight 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 Flight Terms, you may be prohibited from participating in the Flight Program and future Found programs, and any deposits you made may be deemed to be ineligible for a Bonus.

9. Tax Information

You understand that you are responsible for determining and obtaining appropriate tax treatment for any Bonus you receive or redeem, and you are solely responsible for any taxes arising from or related to any Bonus. Found will not report any income or earnings related to Bonus to a taxing authority, except where expressly required by law.

10. Feedback

Feedback and other information which is provided by your or derived by Found in connection with these Found Terms may be used by Found to improve or enhance our Services and Flight Program and Found shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and otherwise exploit such feedback and information without restriction, provided that the public disclosure of any such feedback or information identifiable to you shall only be by the mutual agreement of you and Found.

11. Acknowledgment; Waiver and Release

Without limiting any other terms of these Flight Terms or the Found Terms, you acknowledge and agree that participating in the Flight Program may present the potential for damage or loss to you. To the full extent permitted by law, you agree to hold harmless and waive any legal claims arising from your participation in the Flight Program against the Found and other participants in the program.

12. No Warranties 

THE FLIGHT PROGRAM AND BONUS IS PROVIDED ON AN “AS IS” BASIS AND FOUND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FLIGHT PROGRAM OR BONUS. FOUND HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU FURTHER AGREE THAT FOUND WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF FOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE FLIGHT PROGRAM IS AT YOUR OWN RISK. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF APPLICABLE.

13. Termination

Found shall have the right, at its sole discretion, to terminate this Flight Program immediately with or without cause upon written notice to you. In addition, these Flight Terms and the Flight Program shall terminate automatically upon any termination of the Found Terms between you and Found. Sections 5, 6(b), 6(c), and 7 to 15 shall survive any termination or expiration of these Flight Terms.

14. Independent Parties

Nothing in this Agreement will be construed to create a partnership, joint venture or agency relationship between you and Found. Neither you nor Found will have the power to bind the other party, or to incur obligations on the other party’s behalf without such other party’s prior written consent.  

15. Miscellaneous

Found’s failure to enforce any right or provision of these Flight 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 Flight Terms, the exercise by either party of any of its remedies under these Flight Terms will be without prejudice to its other remedies under these Flight Terms or otherwise.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT PARTICIPATE IN THE FLIGHT PROGRAM, ATTEMPT OR COMPLETE AN ELIGIBLE DEPOSIT, OR OTHERWISE ENGAGE WITH THE FLIGHT PROGRAM.

16. No Combination. 

Affiliated Customers may not combine their bonus obtained through their use of the Affiliate Program with any offer codes or other promotions offered by Found.