Upgrade Shopping Powered by Dosh Terms of Service

Last Updated: April 17, 2024

Upgrade, Inc. uses the DOSH Holdings LLC (“DOSH,” “our,” “we”) cash-back platform to manage the Upgrade Shopping Powered by Dosh® program (the “Program”). DOSH is a third party that is not affiliated with Cross River Bank, Blue Ridge Bank or Upgrade. By participating in the Program, you agree that DOSH may create a wallet for you on its platform in order for you to accrue rewards based on qualifying transactions with participating merchants (the “Services”). These Upgrade Shopping Powered by Dosh Terms of Service (the “Upgrade Shopping Powered by Dosh Terms”) govern your use of the DOSH platform.  You may opt out of this program at any time by calling customer support at (833) 574-0901.

1. YOUR ACCEPTANCE OF THESE UPGRADE SHOPPING POWERED BY DOSH TERMS

By accessing or using the Services in any way or by clicking to agree to these Upgrade Shopping Powered by Dosh Terms (or any agreement that has incorporated these Upgrade Shopping Powered by Dosh Terms) when that option is made available to you, you agree to be bound by these Upgrade Shopping Powered by Dosh Terms and the DOSH Privacy Policy which is incorporated by this reference into these Upgrade Shopping Powered by Dosh Terms. If you do not agree to all the Upgrade Shopping Powered by Dosh Terms, do not access or use the Services.  You may opt-out of Upgrade Shopping Powered by Dosh at any time by calling customer service at (833) 574-0901.

2. THE SERVICES

The purpose of the Services is to help you save money with minimal effort by rewarding you for certain qualifying purchases and other activities. The DOSH Privacy Policy governs our collection, use, storage, and disclosure of user information. DOSH is in no way affiliated with the merchants that extend offers to you through the Program. Subject to these Upgrade Shopping Powered by Dosh Terms, you will automatically accrue rewards when you purchase qualifying goods or services at participating merchants with your eligible payment method under this Program. DOSH, in its sole discretion, establishes the terms and conditions for each qualifying purchase or action and determines whether you have satisfied such terms and conditions to receive the associated rewards. The following transaction types are never eligible to receive rewards:

• ATM transactions;
• In-store cash withdrawals or cash back received as part of a purchase;
• Any transactions identified by a merchant as not being eligible to receive rewards;

In addition, in the event your Upgrade Shopping Account is a Rewards Checking account, any transaction that includes in-store cash withdrawals or cash back (for example, if you make a purchase and request cash back as part of the same transaction) is not eligible to receive rewards.
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All offers made available to you are temporary and may become unavailable without notice.

Without limiting any of the other terms of these Upgrade Shopping Powered by Dosh Terms, if you return, charge back, cancel, dispute, or otherwise request a refund for a qualifying purchase for which you have already received rewards, we reserve the right to remove any rewards from the Dosh account or the account through Upgrade that is  linked to an eligible payment method under this Program (any such account through Upgrade, your “Upgrade Shopping Account”) or withhold future Upgrade Shopping Powered by Dosh to offset any such amount.

Any Upgrade Shopping rewards that you accrue will be transferred to the applicable Upgrade Shopping Account. Rewards are redeemed once they have been transferred to the applicable Upgrade Shopping Account. Rewards are a gratuity from Upgrade and are not your property until redeemed. You are solely responsible for verifying the accuracy and completeness of any rewards transferred to your Upgrade Shopping Account. All rewards received are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Services or for collecting, reporting, or remitting taxes arising from your access to or use of the Services, except for our own income taxes.

In addition to your other representations and warranties in these Upgrade Shopping Powered by Dosh Terms, you represent and warrant that you will not access or use the Services to engage in any illegal, fraudulent, or other illicit activity.

3. OWNERSHIP AND PROPRIETARY RIGHTS IN THE SERVICES
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You acknowledge and agree that the Services are protected by applicable copyright, patent, trademark, and other intellectual property laws. All words and logos displayed in connection with the Services that are marked by the ™ or ® symbols are trademarks and service marks of DOSH and/or their respective owners. The display of a third-party trademark in connection with the Services does not mean that we have any relationship with that third party or that such third party endorses the Services or DOSH.

4. MISCELLANEOUS
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These Upgrade Shopping Powered by Dosh Terms, including the DOSH Privacy Policy, constitute the entire agreement between you and us regarding the Services. These Upgrade Shopping Powered by Dosh Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not expressly made a part of these Upgrade Shopping Powered by Dosh Terms. We may, without prior notice or liability to you, discontinue the Services or modify the Services by adding or removing features or functionalities, even though such changes may affect rewards awarded to you. We may also revise these Upgrade Shopping Powered by Dosh Terms from time to time in our sole discretion, subject to applicable law. When we revise these Upgrade Shopping Powered by Dosh Terms, we will update this document to reflect those changes. You are free to decide whether or not to accept a revised version of these Upgrade Shopping Powered by Dosh Terms, but accepting these Upgrade Shopping Powered by Dosh Terms, as revised, is required for your continued access to and use of the Services. If you do not agree to these Upgrade Shopping Powered by Dosh Terms or any revised version of these Upgrade Shopping Powered by Dosh Terms, you may opt out of the program by calling customer service at (833) 574-0901. Please note that an opt out is permanent and will apply to any Upgrade Shopping Account(s) you have at the time of such opt out and any new account you may open in the future through Upgrade that is eligible for Upgrade Shopping (i.e., such new account will not be enrolled in this Program and you will not be able to accrue any rewards under this Program on any of your existing or future accounts through Upgrade). Except as otherwise expressly stated by us, your access to and use of the Services are subject to the version of these Upgrade Shopping Powered by Dosh Terms in effect at the time of your access or use.

These Upgrade Shopping Powered by Dosh Terms and any rights hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. No agency, joint venture, partnership, trust, or employment relationship is created between you and us by way of these Upgrade Shopping Powered by Dosh Terms.

Privacy Policy

Last Updated: April 17, 2024

DOSH Holdings LLC (the “Company,” “we,” “us,” and “our”) is committed to treating your personal information with respect and sensitivity. This privacy policy (this “Privacy Policy”) explains how we may collect, store, use, and disclose information when you access or use Upgrade Shopping Powered by Dosh®. By participating in the Program, you agree that DOSH may create a wallet for you on its platform in order for you to accrue rewards based on qualifying transactions with participating merchants (the “Services”).

YOUR ACCEPTANCE OF THIS PRIVACY POLICY

By accessing or using the Services, you consent to our collection, storage, use, and disclosure of your information as described in this Privacy Policy. The provisions contained in this Privacy Policy supersede all prior notices and statements regarding our privacy practices with respect to the Services. If you do not agree to every provision of this Privacy Policy, you may not access or use the Services.

PROTECTING CHILDREN’S PRIVACY

The Services are not directed, or intended to be attractive, to children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, do not use the Services or submit any information to us. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information.

TYPES OF INFORMATION WE COLLECT AND HOW WE COLLECT IT

When you access or use the Services, we may collect information that identifies you (“Personal Information”), and we may also collect information that does not identify you (“Anonymous Information”). When Anonymous Information is, directly or indirectly, associated or combined with Personal Information, such Anonymous Information will be considered Personal Information for purposes of this Privacy Policy. In addition, to the extent Internet Protocol (“IP”) addresses or similar identifiers or information is considered personally identifiable information by applicable law, we will treat such identifiers and information as Personal Information under this Privacy Policy.

HOW WE USE & SHARE INFORMATION

Notwithstanding anything to the contrary in this Privacy Policy or the Upgrade Shopping Powered by Dosh Terms, we will use personal information, payment method and transaction information solely as follows:

• to confirm a qualifying purchase for the purpose of matching transactions to confirm whether you qualify for an offer or rewards;
• to create a record of the transaction information and thereafter maintain and use data in connection with the Services;
• to conduct analysis for the improvement and optimization of the Services
• to improve the user experience by using IP addresses to determine user location to inform participating merchants where a transaction occurred as needed for the merchant to confirm a specific transaction occurred or points rewards should be awarded;
• to provide participating merchants aggregated and anonymized information relating specifically to payment method activity solely to allow participating merchants to assess the results of their campaign;
• to provide information in order to respond to a request from a government authority or a payment organization involved in a transaction with you or a merchant; and
• to enable the sharing, exchange and use of transaction information described above and herein by and among us, the payment networks, applicable third-party service providers and applicable merchants.

Personal Credit Lines are issued by Cross River Bank, Member FDIC. The Upgrade Card is issued by Cross River Bank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. Upgrade, Inc. (NMLS #1548935) holds the following state licenses and does business under the following DBAs. Checking and savings accounts provided by Cross River Bank, Member FDIC. Upgrade VISA® Debit Cards are issued by Cross River Bank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. Upgrade is a financial technology company, not a bank.