Terms of service

1.The agreement

These Terms are a contract between you and Amplify ("we", "us"). By using this website, submitting the contact form, or enrolling in the Amplify program, you agree to them. If you do not agree, do not use the site or the program.

Please read section 17 and section 18. They limit our liability. Section 20 describes how disputes are resolved.

2.What these Terms cover right now

Amplify has not launched. Today these Terms govern your use of this website and any information you send us through it. Nothing on this site is an offer to provide the program, a commitment to launch it, or a guarantee of any price, limit or feature.

The sections describing the account, the card and the benefit take effect for you when you enroll. At that point they apply alongside the cardholder agreement you receive from the bank that issues the card, and any program documents we give you. Where the cardholder agreement and these Terms disagree about the card itself, the cardholder agreement governs.

3.Who can use Amplify

To enroll you must be at least 18, live in the United States, be able to enter a binding contract, be employed by an employer that offers Amplify, and not be subject to sanctions or otherwise barred from holding a financial account in the United States. We may ask you to verify your identity, and we may decline or close an account if we cannot.

4.What Amplify is, and what it is not

Amplify is an employer-sponsored benefit. You fund an Amplify account with your own money, spend it with an Amplify card at participating merchants in defined essential categories, and receive a benefit back into the same account on qualifying purchases.

Amplify is not any of the following, and nothing on this site or in the program should be read as making it one:

• not a bank, and not a bank account with us;
• not a loan, a line of credit, a credit card or any extension of credit;
• not an investment, a security, or a savings or deposit product;
• not insurance;
• not tax, legal or financial advice.

Amplify administers the program. Money you load is held at a partner bank in an account kept separate from Amplify’s own operating funds, and can leave it only as a purchase at a participating merchant.

Cash back you earn up to the amount of the membership fee is reported as imputed income, in the same way a lifestyle spending account is. Cash back above that amount is not taxable. This describes how the program is reported; it is not tax advice, your own circumstances may differ, and you should speak to your own adviser.

5.Your account

You are responsible for the accuracy of what you tell us, for keeping your credentials and your card secure, and for everything done through your account. Tell us immediately if you think your card or account has been used without your permission. Report a lost or stolen card to the number on the back of the card or in the app.

Your rights when something goes wrong with a card transaction, including any error resolution and liability limits under federal law, are set out in the cardholder agreement.

6.Loading money and earning the benefit

You fund the account with your own money, by the methods we make available. The benefit is calculated on qualifying purchases and posts to your Amplify account after the purchase settles with the merchant, normally within a few business days. A purchase that is later reversed, refunded or disputed has its benefit reversed with it.

Loads and benefit earnings are subject to limits. The limits, and any fees, are detailed in your enrollment package and will be published before enrollment opens. We may change them on notice.

7.Where the card works

The card works only where both of the following are true: the purchase is in one of the essential categories the program covers, and the merchant is enrolled in the program. Meeting one of those without the other is not enough, and anything else declines.

That restriction is the point of the program rather than a limitation of it. It exists so the benefit lands on the bills a household cannot avoid.

We may decline any transaction, and we will decline where we cannot verify in the time the network allows that it meets the rules. Declining safely is a deliberate design choice. We are not liable for a declined transaction, and you should not rely on the card in a situation where a decline would cause you harm.

8.No cash out

Money in an Amplify account cannot be converted to cash. There is no ATM withdrawal, no transfer to a bank account or another card, no cash back at the register, no payout of a balance, and no conversion to wages. A refund from a merchant returns to the Amplify account, not to you as cash.

This is structural, not a setting. The program has no mechanism to do it.

9.What it costs

Your employer pays a fixed annual fee for each enrolled employee. As an employee you pay no monthly fee, no annual fee, no interest and no minimum balance to participate. Any fee that could ever apply to you would be listed in the Benefits Package, and we would give notice before introducing one.

10.The card

The Amplify card is issued through our partner banks, pursuant to a license from the card network, and is subject to the cardholder agreement you receive when the card is issued. Amplify is not the issuer. Network rules apply to how and where the card can be used.

11.Your employer, and leaving your job

Your employer decides whether to offer Amplify, which employees are eligible, and whether to continue the program. It can end its participation, which ends new enrollment and may end the benefit for its employees. Amplify is not part of your compensation and is not a promise of continued employment.

If you leave your employer, or your employer ends the program, we will tell you what happens next and give you a period to spend what is in the account. The length of that period and the treatment of anything unspent at the end of it are set out in the Benefits Package.

12.Inactivity, closure and unspent value

We may close an account that has been inactive for an extended period, or where we are required to. Any unspent value at closure will be treated as unclaimed property and treated as such.

13.How you may not use it

You agree not to:

• use the card for anyone other than yourself, or let anyone else use it;
• use it for any unlawful purpose, or to buy anything you are not legally permitted to buy;
• attempt to get around the category or merchant restrictions, including by buying gift cards, cash equivalents or re-saleable goods for the purpose of converting the balance;
• structure loads or purchases to evade a limit or a reporting obligation;
• resell, transfer or assign your account or your benefit;
• give us information you know to be false;
• interfere with, probe or attempt to gain unauthorized access to our systems, or use any automated means to scrape this site.

Security researchers acting in good faith should contact us at info@amplifybenefit.com before testing anything.

14.Suspension and closure

We may suspend or close an account, decline transactions, or end your access to the program if we reasonably believe there has been fraud or a breach of these Terms, if we are required to by law or by the issuing bank, if we cannot verify your identity, or if your employer ends its participation. Where we can, we will tell you first. Where the law or a fraud investigation prevents that, we will tell you as soon as we are able.

You may close your account at any time by telling us. Closing it does not create a right to cash: section 8 still applies.

15.This website and our content

The content of this site, including text, layout, photography, the Amplify name and the Amplify mark, belongs to us or our licensors. You may read it and share links to it. You may not copy it into your own materials, use our name or mark without permission, or present it as your own.

16.Third party services and links

The contact form on this site is delivered by a third party form service, and we may link to sites we do not control. We are not responsible for their content, their security or their handling of your information, and a link is not an endorsement.

17.Disclaimers

This website and, when it launches, the program, are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the site or the program will be uninterrupted, error free, or that any particular transaction will be authorized.

Because Amplify is pre-launch, nothing on this site is a commitment that the program will launch, launch on any timetable, or launch with the pricing, limits, categories or features described here.

18.Limit on our liability

To the fullest extent the law allows, Amplify is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to this site or the program, even if we were told such damages were possible.

Our total liability for any claim arising out of or relating to this site or the program is limited to the greater of amounts you paid us in the preceding 12 months.

Some states do not allow some of these exclusions or limits, so parts of this section may not apply to you.

19.Indemnity

You agree to indemnify and hold harmless Amplify, its officers, directors, employees and agents from any claim, loss, liability or expense, including reasonable legal fees, arising out of your misuse of the site or the program, your breach of these Terms, or your violation of any law or of anyone else’s rights.

20.Disputes

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration under this section will be subject to the Federal Arbitration Act and not any state arbitration law.

You and Amplify agree to resolve any dispute through arbitration on an individual basis only. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY, YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE BETWEEN US, AND YOUR RIGHT TO SERVE AS A REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY DISPUTE BETWEEN US.

This arbitration agreement will survive termination of these Terms, your account, or the program, as well as any bankruptcy proceeding.

Nothing in these Terms prevents you from reporting a concern to a regulator or from participating in an investigation by one.

21.Governing law

These Terms are governed by the laws of New Jersey, without regard to its conflict of laws rules, except where federal law or the mandatory consumer protection law of your home state applies.

22.Changes to these Terms

We may change these Terms. We will post the new version here with a new date, and for a material change affecting enrolled employees we will give notice by email before it takes effect. Continuing to use the site or the program after that means you accept the change. If you do not, stop using the site and close your account.

23.Everything else

These Terms, together with the privacy policy and any program documents we give you, are the entire agreement between us about this subject. If any part is found unenforceable, the rest stays in force. Our not enforcing a term is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. We are not liable for a failure to perform caused by something outside our reasonable control. Notices to you go to the email address on your account or, before enrollment, the one you gave us.

24.How to reach us

Email info@amplifybenefit.com, or write to Amplify at 26 Washington Street, Floor 3, Morristown, NJ 07960.