Member Terms & Conditions  

Gradifi, Inc. 
699 Boylston St. 
Boston, MA 02116

Last modified November 13, 2017

DO NOT ACCEPT THESE TERMS AND CONDITIONS BEFORE YOU READ THE ENTIRE AGREEMENT.

Definitions

In these terms and conditions, the following terms have the meanings set forth below:

  • "You" and "your" mean the individual who establishes a Gradifi account, enrolls in the Gradifi rewards program and accepts these terms and conditions.
  • "We," "us," and "our" mean Gradifi, Inc., a Delaware corporation with offices located at 699 Boylston Street, Boston MA 02116, its successors and assigns.
  • “Account beneficiary” refers to the individual for whose benefit an account owner establishes a 529 plan account.
  • “Account owner” refers to the individual who establishes and directly owns a 529 plan account.
  • “CSU benefits” refers to bookkeeping amounts posted to your Gradifi account, from time to time, at the direction of your employer pursuant to a CSU Plan in which you are a participant, and for which we will process payment to your valid 529 plan account(s), as discussed more fully below.
  • “CSU Plan” means a College SaveUp Plan benefit or arrangement established and maintained by an employer to provide participants assistance with saving for educational expenses in the form of CSU benefits.
  • “Gradifi account” refers to the account you set up for the purpose of accessing the programs available through the Gradifi website, including, as applicable, the Gradifi rewards program, participation in an SLP Plan, CSU Plan and/or Gradifi Refi.  Your eligibility to participate in an SLP Plan, CSU Plan and/or Gradifi Refi is determined by your employer.
  • "Gradifi processing period" means the period generally occurring within the last two weeks of each month during which we process payments of the amounts posted to your Gradifi account to the student loan servicer and/or program manager designated by you.
  • “Gradifi Refi” is a program maintained by Gradifi to provide access to student loan refinancing offers through the Gradifi website.
  • "Gradifi rewards program" means the Gradifi rewards service maintained by Gradifi under which you can earn, or become eligible for, Paydown Rewards, as described in these terms and conditions. Participants in an SLP Plan or in Gradifi Refi are automatically enrolled in the Gradifi rewards program as part of opening a Gradifi account.
  • "Gradifi website" refers to www.gradifi.com which will allow you to securely sign in to your Gradifi account located at https://www.gradifi.com/login
  • “Lender” is a bank, agency, or school that loans money to a borrower.
  • “Loan servicer” is an organization, hired by the lender to administer the student loan payment process to include, but not limited to disbursement of loan funds, monitoring enrollment status, collecting payments, and managing the repayment of your loans.
  • "Paydown Rewards" refers to the rewards and benefits posted to your Gradifi account under the Gradifi rewards program that are earned or received by you based on activities made available to you as offered at the sole discretion of Gradifi and its partners. 
  • “Primary borrower” means the individual who applies for, receives, and is responsible for paying back the loan.
  • “Program manager” refers to the entity that manages a 529 plan.  Typically, a state sponsor engages a financial services firm to perform these services on behalf of its 529 plan, but, in some cases, these services are performed by the state sponsor itself.
  • “SLP benefits” refers to bookkeeping amounts posted to your Gradifi account, from time to time, at the direction of your employer pursuant to a SLP Plan in which you are a participant, and for which we will process payment, as discussed more fully below.
  • “SLP Plan” means a Student Loan Paydown Plan benefit or arrangement established and maintained by an employer to provide participants with student loan paydown assistance in the form of SLP benefits.
  • "Terms and conditions" refers to these Gradifi rewards program terms and conditions.
  • “Valid 529 plan account” refers to a direct-sold 529 college savings plan account authorized under Section 529 of the U.S. Internal Revenue Code, under the terms of which (i) you are designated as the account owner and (ii) a beneficiary is designated who meets the criteria established under your employer’s CSU Plan. Prepaid tuition plans and advisor-sold 529 college savings plans do not qualify as valid 529 plan accounts.  Gradifi has full discretion in determining whether an account is a valid 529 plan account.
  • “Valid student loan” refers to a loan, under the terms of which you are designated as the primary borrower, the loan must be originated, disbursed from and when in repayment the loan must be paid to a valid U.S. student loan servicing agency and that is exclusively used to fund higher education at an accredited U.S. institution.  Valid student loans include U.S. federal loans (e.g. Stafford loans, PLUS loans, Perkins loans, etc.), private student loans, and refinanced student loans.  Debt taken for education via a lending vehicle other than a student loan, such as a personal loan, credit card, or home equity loan, does not qualify as a valid student loan.  Gradifi has full discretion in determining whether a loan is a valid student loan.

Gradifi Account Eligibility and Enrollment

You are eligible to open a Gradifi account (and enroll in the Gradifi rewards program) if you are a natural person, who is at least 18 years of age. By applying to open a Gradifi account (and enrolling in the Gradifi rewards program), you hereby acknowledge, agree and certify that: (i) you are at least 18 years of age; (ii) you are a United States citizen or residing in the United States or its territories; (iii) you have read and understand the information contained in these terms and conditions; (iv) you agree to be bound by these terms and conditions; (v) the information you provided in connection with your Gradifi account and enrollment in the Gradifi rewards program is true and accurate to the best of your knowledge and belief; and (vi) to the extent that you become or are a participant under an SLP Plan and/or CSU Plan, you understand the conditions your employer has established for eligibility for SLP benefits and/or CSU benefits, and you understand that your rights to SLP benefits and/or CSU benefits, which are obligations of your employer, shall be governed exclusively by the SLP Plan or CSU Plan, as applicable, and paid at the direction of your employer.

SLP Plan Participants & SLP Benefits

In order for us to process SLP benefits properly to your Gradifi account for payment during a Gradifi processing period:

    1. Your employer must offer an SLP Plan;
    2. You must be a participant under the SLP Plan as of the last day of the month previous to the current Gradifi processing period;
    3. Your Gradifi account must be in good standing during the Gradifi processing period;
    4. You must have a valid student loan registered in your Gradifi account as of the last day of the previous month;
    5. Your employer must have provided proper and timely directions to us with respect to any amount of SLP benefits to be posted to your Gradifi account; and
    6. Your employer must have provided sufficient funds to cover the payment of such SLP benefits.

You understand and agree that Gradifi is not acting as a fiduciary (including within the meaning of the Employee Retirement Income Security Act) with respect to a SLP Plan in which you are a participant or to you in connection with the services Gradifi provides or otherwise, and you will not rely on Gradifi as a fiduciary in regard to any of the services contemplated hereunder with respect to your Gradifi account or any transaction posted therein.  You understand and agree that Gradifi is not a party to any such SLP Plans and acts only as an administrative service provider for the benefit of the employer who adopts and maintains such plan. 

Your eligibility for SLP Benefits.  Except as otherwise provided herein, the amount, timing, frequency and availability of your SLP benefits is determined with reference to your employer’s SLP Plan and at the sole and exclusive direction of your employer.  Subject to the specific terms of the SLP Plan to which you are a participant, we note that employers generally retain full and exclusive discretion to terminate or amend the SLP Plan at any time and for any reason, including changes to eligibility and benefits. Gradifi’s obligation with respect to your SLP benefits and your employer’s SLP Plan is solely to provide administrative services for your employer with respect to the tracking and processing of SLP benefits under the SLP Plan, pursuant to an agreement between us and your employer to which you are neither a party nor a third-party beneficiary.  Any dispute or disagreement that you may have about your rights to earn, accrue or be awarded SLP benefits is a matter exclusively between you and your employer and not with Gradifi. Unless otherwise provided in the SLP Plan or other writing, Gradifi does not decide benefit disputes or evaluate claims for SLP benefits. 

SLP benefits posted to your Gradifi account.  SLP benefits posted to your Gradifi account represent bookkeeping notations intended to track benefits to be paid by your employer under the SLP Plan. Benefits under an SLP Plan are the obligations of your employer (or the plan’s sponsors) and not Gradifi.  SLP benefits posted to your Gradifi account have no redeemable cash value to you, and are not transferable except as otherwise expressly provided in the SLP Plan. Pursuant to the SLP Plan, SLP benefits are payable only with respect to your valid student loans, or to your employer in certain circumstances (as described in these terms and conditions or in your employer’s SLP Plan).  You will not be entitled to receive interest on SLP benefits posted to your Gradifi account.  Gradifi is not responsible for late, incomplete or nonpayment of benefits under any SLP Plan.  You understand that pursuant to the terms of the SLP Plan, your employer’s obligation to fund benefits under the SLP Plan will be made from its general assets, which will be subject to the claims of its general creditors and there will be not trust, insurance or funding products put in place to guarantee or to otherwise fund its obligations under the SLP Plan. Benefits under the SLP Plan are not intended to be covered by, or afforded the protections of, the Employee Retirement Income Security Act of 1974, as amended.

You acknowledge and accept that you are solely responsible for checking your Gradifi account activity regularly to verify that all SLP benefits have been properly posted and payments have been applied to your student loan. If you believe that any transaction has not been properly posted to your Gradifi account, then you must inform us and provide proof acceptable to us within one year of the date on which you are claiming that the SLP benefits should have been posted. The right to determine whether SLP benefits should have been posted to your Gradifi account rests with your employer pursuant to the SLP Plan, and you acknowledge that any such determination by your employer will be final and binding and not involve Gradifi.

Payment of SLP benefits.  For details regarding processing of payments with respect to your SLP benefits, see “Payment Processing-SLP Benefits and Paydown Rewards below.

CSU Plan Participants & CSU Benefits

In order for us to process CSU benefits properly to your Gradifi account for payment during a Gradifi processing period:

    1. Your employer must offer a CSU Plan;
    2. You must be a participant under the CSU Plan as of the last day of the month previous to the current Gradifi processing period;
    3. Your Gradifi account must be in good standing during the Gradifi processing period;
    4. You must have a valid 529 plan account registered in your Gradifi account as of the last day of the previous month;
    5. Your employer must have provided proper and timely directions to us with respect to any amount of CSU benefits to be posted to your Gradifi account; and
    6. Your employer must have provided sufficient funds to cover the payment of such CSU benefits.

You understand and agree that Gradifi is not acting as a fiduciary (including within the meaning of the Employee Retirement Income Security Act) with respect to a CSU Plan in which you are a participant or to you in connection with the services Gradifi provides or otherwise, and you will not rely on Gradifi as a fiduciary in regard to any of the services contemplated hereunder with respect to your Gradifi account or any transaction posted therein.  You understand and agree that Gradifi is not a party to any such CSU Plans and acts only as an administrative service provider for the benefit of the employer who adopts and maintains such plan. 

Your eligibility for CSU Benefits.  Except as otherwise provided herein, the amount, timing, frequency and availability of your CSU benefits is determined with reference to your employer’s CSU Plan and at the sole and exclusive direction of your employer.  Subject to the specific terms of the CSU Plan to which you are a participant, we note that employers generally retain full and exclusive discretion to terminate or amend the CSU Plan at any time and for any reason, including changes to eligibility and benefits. Gradifi’s obligation with respect to your CSU benefits and your employer’s CSU Plan is solely to provide administrative services for your employer with respect to the tracking and processing of CSU benefits under the CSU Plan, pursuant to an agreement between us and your employer to which you are neither a party nor a third-party beneficiary.  Any dispute or disagreement that you may have about your rights to earn, accrue or be awarded CSU benefits is a matter exclusively between you and your employer and not with Gradifi. Unless otherwise provided in the CSU Plan or other writing, Gradifi does not decide benefit disputes or evaluate claims for CSU benefits. 

CSU benefits posted to your Gradifi account.  CSU benefits posted to your Gradifi account represent bookkeeping notations intended to track benefits to be paid by your employer under the CSU Plan. Benefits under a CSU Plan are the obligations of your employer (or the plan’s sponsors) and not Gradifi.  CSU benefits posted to your Gradifi account have no redeemable cash value to you, and are not transferable except as otherwise expressly provided in the CSU Plan. Pursuant to the CSU Plan, CSU benefits are payable only with respect to your valid 529 plan account, or to your employer in certain circumstances (as described in these terms and conditions or in your employer’s CSU Plan).  You will not be entitled to receive interest on CSU benefits posted to your Gradifi account.  Gradifi is not responsible for late, incomplete or nonpayment of benefits under any CSU Plan.  You understand that pursuant to the terms of the CSU Plan, your employer’s obligation to fund benefits under the CSU Plan will be made from its general assets, which will be subject to the claims of its general creditors and there will be not trust, insurance or funding products put in place to guarantee or to otherwise fund its obligations under the CSU Plan. Benefits under the CSU Plan are not intended to be covered by, or afforded the protections of, the Employee Retirement Income Security Act of 1974, as amended.

You acknowledge and accept that you are solely responsible for checking your Gradifi account activity regularly to verify that all CSU benefits have been properly posted and payments have been applied to your student loan. If you believe that any transaction has not been properly posted to your Gradifi account, then you must inform us and provide proof acceptable to us within one year of the date on which you are claiming that the CSU benefits should have been posted. The right to determine whether CSU benefits should have been posted to your Gradifi account rests with your employer pursuant to the CSU Plan, and you acknowledge that any such determination by your employer will be final and binding and not involve Gradifi.

Payment of CSU benefits. For details regarding processing of payments with respect to your CSU benefits, see “Payment Processing-CSU Benefits below.

Gradifi Refi

Gradifi has developed relationships with lenders to provide Gradifi account holders access to student loan refinancing offers through the Gradifi Refi section of the Gradifi website.  Gradifi Refi is open to any Gradifi account holder, except that some employers may choose to block access to Gradifi Refi for their employees who participate in the employers’ SLP Plans or CSU Plans. 

If you participate in Gradifi Refi, you understand and agree that:

  1. Gradifi is not itself a lender and is not acting as an underwriter or loan broker;
  2. We are not making a commitment to you as to the number or terms and conditions of offers available through Gradifi Refi;
  3. Lenders may establish criteria that determine whether you view a particular offer through Gradifi Refi, such as your self-reported credit score, the amount of debt you are seeking to refinance, or your state of residence;
  4. Loan terms and conditions, eligibility requirements and credit underwriting are the responsibility of the lenders making refinancing offers;
  5. We cannot guarantee that you will be eligible for offers available through Gradifi Refi; and
  6. We may receive compensation from lenders whose offers are available through Gradifi Refi.

You understand and agree that we are not providing legal, tax or financial advice to you, and you must independently assess whether refinancing is appropriate for you.

Counseling with American Student Loan Assistance

Gradifi maintains a program to provide designated Gradifi account holders with access to content and counseling provided by American Student Assistance (“ASA”) regarding general financial, higher education and education loan topics.  Your eligibility to access ASA counseling and content through your Gradifi account is determined by your employer in its sole and exclusive discretion. Any dispute or disagreement that you may have with respect to your rights to have access to ASA counseling and content through your Gradifi account is a matter exclusively between you and your employer and not with Gradifi.

We may provide periodic reports to employers that provide their employees access to ASA content and counseling, which reports may include information about benefit utilization such as the number of calls made by eligible employees and the general topics addressed on calls.  We do not identify individual participants by name in these reports.

COUNSELING SERVICES AND ONLINE CONTENT, BY THEIR NATURE, WILL CONTAIN GENERALIZED INFORMATION ABOUT COLLEGE PLANNING, FINANCIAL AID AND STUDENT LOANS BUT CANNOT TAKE INTO ACCOUNT ALL CIRCUMSTANCES OF EACH INDIVIDUAL PARTICIPANT.  INFORMATION PROVIDED BY GRADIFI OR ASA IS NOT INTENDED TO CONSTITUTE LEGAL, TAX OR FINANCIAL ADVICE. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE COUNSELING SERVICES, AND WE DISCLAIM ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE COUNSELING SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE PROVISION OF THE COUNSELING SERVICES OR ONLINE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.

Gradifi Rewards Program and Paydown Rewards

General.  All registered Gradifi accounts in good standing are eligible to earn Paydown Rewards, subject to satisfying the terms and conditions to receive the particular Paydown Reward program, as established by Gradifi from time to time.  The additional terms and conditions of each Paydown Reward program currently offered, or offered in the future, including how Paydown Rewards will be earned and posted to your Gradifi account, are incorporated in these terms and conditions by reference.  Gradifi will notify you of offers to earn Paydown Rewards, and applicable terms and conditions, in a variety of ways, including via the Gradifi website and email.  Additional terms and conditions for our current Paydown Rewards programs are available here.

We reserve the right to rescind Paydown Rewards and to bar further accrual of Paydown Rewards, and to terminate your enrollment in the Gradifi rewards program, if we determine that you are abusing or have abused the Gradifi rewards program, including, without limitation, by: (i) engaging in fraudulent activities, (ii) engaging in a pattern of returning products after the corresponding Paydown Rewards have been posted or redeemed, (iii) creating or attempting to create or participate in any market in Paydown Rewards, (iv) engaging in or accepting any broad-based solicitation of Paydown Rewards, (v) attempting to receive Paydown Rewards from transactions that were not made by you, (vi) misrepresenting that you are the primary borrower on student loans that you register in your Gradifi account, (vii) violating any of the terms and conditions required to earn Paydown Rewards as indicated in these terms or the terms of our partners, or (viii) engaging in suspicious activity as determined by Gradifi in its sole judgement that is not consistent with the intent of the Gradifi program. We will notify you if we determine that you have engaged in any such activities, and in such event you agree to forfeit any and all Paydown Rewards in your Gradifi account as Gradifi may determine in its sole discretion.

No Cash Value; No Interest. Paydown Rewards have no cash value, and are not transferable except as otherwise expressly provided in these terms and conditions, and you will not be entitled to receive interest on Paydown Rewards.

Posting of Paydown Rewards Activity to Your Gradifi Account. Paydown Rewards are combined monthly with your SLP benefits, if applicable, and posted to your Gradifi account to be included in the payments we make to the loan servicer for your designated valid student loan.

All Paydown Rewards and account adjustments (including the implementation of account fees and expenses, if any) and payments made or processed by Gradifi with respect to valid student loans will be posted to your Gradifi account (each a “transaction’).  A summary of your Gradifi account transaction activity will be available when you login to your Gradifi account through the Gradifi website.

We will not be liable for any losses or damages resulting from any failure to post any transaction to your Gradifi account in a timely manner. You acknowledge and accept that you are solely responsible for checking your Gradifi account activity regularly to verify that all transactions have been properly posted. If you believe that any transaction has not been properly posted to your Gradifi account, then you must inform us and provide proof acceptable to us within one year of the date on which you are claiming that the transaction should have been posted. We reserve the right to determine whether Paydown Rewards should have been posted to your Gradifi account and you acknowledge that any such determination by us will be final and binding.

Adjustments to your Gradifi account with respect to Paydown Rewards. Pursuant to these terms and conditions, in the event of any abusive or fraudulent activity related to the Gradifi rewards program, we reserve the right to make any adjustments to your Gradifi account and the Paydown Rewards in your Gradifi account to correct any posted amounts that are a result of such abusive of fraudulent activity to the extent permitted under any applicable laws, rules or regulations. If you cancel, chargeback or reverse a commercial transaction that generated Paydown Rewards, we will deduct from your Gradifi account the amount of Paydown Rewards corresponding to the cancellation, chargeback, or reversal using the current accrual rate for that type of transaction as specified in the terms and conditions for the particular Paydown Reward. If this deduction results in a negative balance in your Gradifi account with respect to Paydown Rewards, we may apply future earned Paydown Rewards or SLP benefits against such obligation. 

Redemption of Paydown Rewards.  If you have designated a valid student loan as of the commencement of a Gradifi processing period and have a balance of greater than $10 in your Gradifi account, your Paydown Rewards balance will be redeemed in that processing period. For details regarding how we process payments with respect to redeemed Paydown Rewards, see “Payment Processing-SLP Benefits and Paydown Rewards below.

If you have not designated a valid student loan and/or your Gradifi account has a balance of less than $10 as of the commencement of the Gradifi processing period, no payment will be made for that processing period and that balance will carry over into the subsequent month.

If you have a Paydown Rewards balance of greater than $10 in your Gradifi account and do not have a valid student loan designation in effect for a period of 30 months from the transaction date of your first Paydown Reward activity, you may either retain your Paydown Rewards balance in your Gradifi account, or you may request that Gradifi pay the balance of your Paydown Rewards to you within 90 days of your request.

Dormant Account.  We will close your Gradifi account and terminate your participation in the Gradifi rewards program if:

  1. You go a period of 30 months without earning any Paydown Rewards or receiving any SLP benefits or CSU benefits; and
  2. You do not have a valid student loan registered in your account to have enabled the automatic monthly redemption payment to that designated student loan via the monthly payment process.

Upon closure, if you have a Paydown Rewards balance of more than $10 in your Gradifi account, we will issue a payment directly to you for that balance within 90 days.  If your Paydown Rewards balance is less than $10 upon closure, you will forfeit any value in your account.  We will send alerts to your email address on file in the time leading up to your account being closed.

Abandonment of Paydown Rewards.  Each state has its own escheatment law which requires companies to turn over to the state property of its residents that the state deems to be unclaimed or abandoned. In the event that your Gradifi account has not had any activity for the period of time as defined by your state of residence (generally three to five years) according to our records and your Gradifi account has remained open, we may be required by law to escheat your earned Paydown Rewards to the state of your last known address. Similarly, if you have a check issued by Gradifi to you that has not been cashed after a certain period of time (also generally three to five years), Gradifi may be required by law to remit the amount of the uncashed check to the state of your last known address.  If we escheat funds in your Gradifi account to your state of residence as required by law, you will need to contact the state directly to obtain the funds.

Business Relationships.  Gradifi has business relationships with various third parties, such as banks, credit or debit card issuers, and merchants, to make available avenues to earn Paydown Rewards. For simplicity, words like venture, joint venture, partnership, co-venture and partner may be used in these terms and conditions or on the Gradifi website to address business relationships indicating common activities connected to Paydown Rewards, and these words do not describe or constitute a precise legal relationship. A Paydown Rewards offer may require you to enter into separate terms and conditions with a third party offering a service or product.  You understand that your relationship with this third party is separate and distinct from your relationship with Gradifi, and all existing Gradifi terms and conditions will remain in force. 

Fees and Compensation 

Gradifi does not currently charge you or your Gradifi account any fees to enroll in or use the Gradifi rewards program or Gradifi account.  Gradifi has the right to decide to impose an account fee in the future upon reasonable advance notice to you.  Your continued use of the Gradifi account will be deemed your consent to any fees Gradifi imposes with respect to your Gradifi account, or use of the Gradifi rewards program.

In most cases as outlined in these terms and conditions, Gradifi will automatically redeem your Paydown Rewards via payments to your designated student loans or in the case of Dormant Accounts directly to you under certain conditions as outlined in the section below.  However, under certain circumstances also as outlined in these terms and conditions, Gradifi may retain amounts of Paydown Rewards forfeited from your Gradifi account.  Gradifi will not retain any forfeitures of SLP benefits or CSU benefits as they will either be returned to the employer or processed as payments according to the SLP Plan or CSU Plan terms outlined with your employer.

Under its agreement with your employer, Gradifi may charge a fee for the administrative services, including the processing of payments that Gradifi provides with respect to an SLP Plan or CSU Plan.  Unless otherwise provided in the SLP Plan or CSU Plan, as applicable, SLP benefits and/or CSU benefits posted to your Gradifi account will not be reduced for Gradifi’s administrative fees or expenses.

Gradifi may be compensated by merchants, retailers, and other service providers in connection with your Paydown Rewards transactions.

Payment Processing

SLP Benefits and Paydown Rewards

  1. Designated student loan and servicer. For us to process payments with respect to your SLP benefits or Paydown Rewards, you must provide us with information about one or more valid student loans to which you would like your Paydown Rewards and SLP benefits to be remitted, including the loan account number and the name of the loan servicer. By designating a valid student loan, you authorize us to reduce earned amounts posted to your Gradifi account for payments made to the loan servicer of the valid student loan to be applied as a payment on such loan. You represent and warrant that the information you provide about any loan is true, accurate and complete, that you are the primary borrower on the loan, and you expressly authorize Gradifi to instruct the loan servicer to apply payments made hereunder in accordance with the terms of your loan and any servicing guidelines (the "Student Loan Servicer Rules") followed by your loan servicer. Payments processed by Gradifi hereunder will be applied to the principal balance, interest payments, and outstanding fees in accordance with and as determined by the Student Loan Servicer Rules and your individual account status as specified by the student loan servicer at time of each Gradifi payment. To receive the fully intended benefit of repaying your student loans faster from use of the Gradifi program you must maintain scheduled regular monthly payments. You are responsible for resolving any misapplication of payments processed by us that are directly or indirectly caused by your failure to provide us with the correct information regarding a loan or the loan servicer, or your failure to inform us of any changes to the loan or loan servicer information previously provided. Gradifi reserves the right to change and update your loan information, including but not limited to loan account number and loan servicer name and address.
  2. Payments to loan servicer. Each month during the Gradifi processing period we will submit a payment with respect to your valid student loans, equal to the amount of Paydown Rewards and SLP benefits posted to your Gradifi account as of the commencement of the Gradifi processing period. Your Gradifi account Paydown Rewards and SLP benefits balance will be reduced by an amount equal to the payment Gradifi processes on your behalf.
  3. Student Loan Servicer Rules. You understand that your enrollment in the Gradifi rewards program or participation in an SLP Plan does not waive or relieve you of any responsibilities, duties, obligations or other covenants that you owe to or any representations or warranties that apply under the Student Loan Servicer Rules. In the event of any conflict between these terms and conditions and the Student Loan Servicer Rules, the Student Loan Servicer Rules shall control.

CSU Benefits

  1. Designated 529 plan account and program manager. For us to process payments with respect to your CSU benefits, you must provide us with information about one or more valid 529 plan accounts to which you would like your CSU benefits to be remitted, including the account number and the name of the plan program manager. By designating one or more valid 529 plan accounts, you authorize us to reduce earned amounts posted to your Gradifi account for payments made to the valid 529 plan accounts.  If you have designated more than one valid 529 plan account, we will allocate your CSU benefits among these accounts in accordance with the priority you have indicated and our allocation algorithm, which is designed to meet program manager contribution minimums per account. You represent and warrant that the information you provide about any 529 plan account is true, accurate and complete, that you are the account owner, that the account beneficiary meets the criteria established by your employer in its CSU Plan, and you expressly authorize Gradifi to issue payments to designated program manager(s). Gradifi is not responsible for making any investment direction or determination, and payments processed by Gradifi hereunder will be deposited in your 529 plan account by the plan’s program manager (or other applicable service provider) in accordance with and as determined by the terms and conditions of your account. You are responsible for resolving any misapplication of payments processed by us that are directly or indirectly caused by your failure to provide us with the correct information regarding a 529 plan account or program manager, or your failure to inform us of any changes to the 529 plan account or program manager information previously provided. Gradifi reserves the right to change and update your 529 plan account information, including but not limited to account number and program manager name and address.
  2. Payments. Each month during the Gradifi processing period we will submit a payment with respect to your valid 529 plan account(s), equal to the amount of CSU benefits posted to your Gradifi account as of the commencement of the Gradifi processing period. Your Gradifi account CSU benefits balance will be reduced by an amount equal to the payment Gradifi processes on your behalf.

Termination of Gradifi Rewards Program and Closure of Gradifi Account

  1. Termination by you. You may terminate your participation in the Gradifi rewards program and close your Gradifi account at any time. Termination will be effective as of the date Gradifi receives notice of your intent to terminate. Closing your Gradifi account may result in your removal from an SLP Plan or CSU Plan as a participant and violate eligibility requirements for SLP benefits or CSU benefits under such plan.
  2. Termination by us. Gradifi may terminate or cancel your participation in the Gradifi rewards program and close your Gradifi account at any time and for any reason, including in the event of your violation of these terms and conditions, Gradifi account inactivity, fraud, or abuse of the Gradifi rewards program.  Termination will be effective as of the date Gradifi specifies in its notice of its intent to terminate, and may be effective immediately.  Subject to the terms of the SLP Plan or CSU Plan as established by your employer, closure of your Gradifi account may result in your removal from an SLP Plan or CSU Plan as a participant and violate eligibility requirements for SLP benefits or CSU benefits under such plan.
  3. Actions that occur upon termination. Upon termination (either by you or us) of your participation in the Gradifi rewards program and closure of your Gradifi account the following will occur:
    1. Gradifi will make no further payments with respect to your Gradifi account and any account balance will be forfeited, except (i) as described above under the heading “Gradifi Rewards Program and Paydown Rewards-Dormant Account” or (ii) as directed by an employer with respect to SLP benefits or CSU benefits posted under its SLP Plan or CSU Plan, as applicable. 
    2. You will no longer be able to login to your Gradifi account.
    3. You will no longer earn Paydown Rewards or receive SLP benefits or CSU benefits.
    4. Closure of your Gradifi account may result in your removal from an SLP Plan and/or CSU Plan as a participant and violate eligibility requirements for SLP benefits or CSU benefits under such plan(s).

No Advice; Tax Consequences

Gradifi does not provide tax or financial advice, and nothing contained on the Gradifi website is intended to constitute tax or financial advice. No content or comments made by Gradifi, its employees, agents or any other user should be understood or used as the basis for any investment or financial decision, nor should they be construed as advice, endorsements or recommendations. In addition, the information and materials on the Gradifi website are not intended as an offer or solicitation for the purchase of stock, any other security or any financial instrument of Gradifi, its affiliates, or any other issuer or company.

You agree that we will not have any liability for any information contained on or omitted from the Gradifi website with respect to taxes and that we have no obligation to inform you of changes in the tax laws. The tax consequences of your participation in the Gradifi rewards program, SLP Plan or CSU Plan will depend on your particular tax circumstances. You are responsible for obtaining your own tax advice with respect to participation in the Gradifi rewards program, SLP Plan or CSU Plan. If you are a participant in an SLP Plan or CSU Plan, your employer may elect to withhold income taxes and apply employment taxes (such as FICA taxes) with respect to SLP benefits or CSU benefits as part of your employer’s normal payroll process and procedures.  Nevertheless, you are still responsible for any tax consequences.  Please check with your employer as to its policies on taxing SLP benefits and CSU benefits.

Disclaimer of representations and warranties; limitations on liability

WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE GRADIFI REWARDS PROGRAM, SLP BENEFITS, CSU BENEFITS, GRADIFI REFI, YOUR GRADIFI ACCOUNT OR THE COUNSELING, INFORMATION, CONTENT, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE GRADIFI REWARDS PROGRAM, ANY SLP PLAN OR CSU PLAN, GRADIFI REFI OR YOUR GRADIFI ACCOUNT. EXCEPT AS REQUIRED UNDER APPLICABLE LAW, WE PROVIDE THE GRADIFI REWARDS PROGRAM, YOUR GRADIFI ACCOUNT AND OUR SERVICES ON AN "AS IS, AS AVAILABLE" BASIS AND WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE GRADIFI REWARDS PROGRAM, GRADIFI REFI OR COUNSELING OR YOUR PARTICIPATION IN ANY SLP PLAN OR CSU PLAN OR ANY OTHER USE OF YOUR GRADIFI ACCOUNT. YOU USE THE GRADIFI REWARDS PROGRAM, GRADIFI REFI, COUNSELING AND GRADIFI ACCOUNT (AND PARTICIPATE IN ANY SLP PLAN OR CSU PLAN) AT YOUR OWN RISK. EXCEPT AS REQUIRED UNDER APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, AND SPECIAL DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM YOUR USE OF THE GRADIFI REWARDS PROGRAM, GRADIFI REFI, COUNSELING OR GRADIFI ACCOUNT (OR PARTICIPATION IN ANY SLP PLAN OR CSU PLAN). WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY WARRANTY NOT SET FORTH IN THESE TERMS AND CONDITIONS WILL NOT BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Effective date and term

The effective date of these terms and conditions is the date on which you accept these terms and conditions. These terms and conditions, as amended from time to time, will remain in effect until terminated by you or us. 

Choice of law

These terms and conditions will be interpreted, governed and enforced under the laws of the State of Delaware, without giving effect to its choice or conflicts of law provisions.

Collection and use of information

  1. General. Because we take your privacy seriously, we comply with industry best practices and maintain your personal information in accordance with applicable federal and state standards for protection of personal information, including MA 201 CMR 71:00.  For more details about our information collecting and sharing practices and an explanation of how we protect your information, please read our privacy policy posted at the Gradifi website.
  2. Collection of information from Payment Rewards partners and SLP Plan employers. You acknowledge that in order to administer the Gradifi rewards program and your Gradifi account, we will collect information about you, and your Payment Rewards related transactions and/or SLP Plan, CSU Plan or Gradifi Refi participation from our partners. You authorize our partners (including employers offering an SLP Plan or CSU Plan or access to Gradifi Refi) to disclose to us any and all information with respect to your Gradifi account, SLP Plan, CSU Plan or Gradifi Refi participation, and your SLP Plan or CSU Plan related transactions needed for us to administer the Gradifi rewards program and your Gradifi account.
  3. Use and disclosure of information. You authorize us to use any such information and to disclose such information (i) to our representatives and agents, (ii) to third parties, where necessary or convenient for our administration of the Gradifi rewards program, services you request through the Gradifi website and your Gradifi account (including the processing of any payments hereunder), (iii) to comply with requests, orders or subpoenas from courts of law or any regulatory, legislative or administrative bodies, and (iv) otherwise in accordance with the terms of the privacy policy described above.

Miscellaneous

  1. The Gradifi rewards program and its benefits are offered at our sole discretion. We reserve the right to cancel, terminate, change or temporarily suspend the Gradifi rewards program and to amend these terms and conditions at any time without notice. We may modify the Gradifi rewards program and these terms and conditions in any manner we choose, including without limitation, reducing or eliminating earned Paydown Rewards; modifying the formula used to calculate how Paydown Rewards are earned; or instituting new fees. We will provide notice of an amendment to these terms and conditions by means of a letter, electronic mail message, a notice of the amendment posted on the Gradifi website, updating the terms and conditions on the Gradifi website itself, or other lawful means. Any amendment will be effective as of the date established by us in the amendment, subject to applicable law.
  2. The Gradifi rewards program is void where prohibited by federal, state or local law.
  3. These terms and conditions and any additional terms and conditions for specific Paydown Rewards programs constitute the entire agreement between you and us relating to the Gradifi rewards program and your Gradifi account, and supersede all prior contracts or agreements relating to the Gradifi rewards program and your Gradifi account.
  4. This agreement may not be assigned by you without our consent, in whole or in part, as required by law.
  5. The headings in this agreement are inserted for convenience and identification only, and are not intended to describe, interpret, define or limit the scope or intent of this agreement or any clause hereof.
  6. You agree to comply with the terms of use for the Gradifi website, as published from time to time by us. Your violation of this provision may result in your loss of access to your Gradifi account through the Gradifi website and termination of your participation in the Gradifi rewards program and as a participant in any benefit plans administered by us.
  7. You are responsible for updating us with your electronic mail address and other contact information to ensure that we have current, working contact information for you for communications regarding your Gradifi account or your Gradifi rewards program.  In general, all such communication with us will be through electronic mail, but we may contact you via other means (e.g. phone) at our discretion if necessary.
  8. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
  9. In no event shall any reference to any third party or third-party product or service be construed as an approval, guarantee or endorsement by us of that third party or of any product or service provided by a third party.

© Gradifi, Inc. 2017