Recipient Terms of Service

Last Updated: June 1, 2023

WELCOME TO TREMENDOUS! The Services, defined below, are provided to you by Tremendous, LLC, a Wisconsin limited liability company (“Tremendous,” “we,” “us,” or “our”), through our website at www.tremendous.com (including any website, API, web widget, mobile application, or any other similar platform, owned, controlled, operated or offered by Tremendous) (collectively, the “Site”) subject to these Terms of Service (the “Agreement”).

Please read this Agreement carefully. By accessing, using, or attempting to access or use the Services (defined below), you acknowledge and agree that you have read, understood and accepted all of the terms and conditions contained in this Agreement as well as our Privacy Policy. If you do not agree, you may not access or use the Services and must immediately cease any use of the Services.

We may amend this Agreement from time to time by posting a revised version of this Agreement to this page and may do so without advance notice to you, as further described in Section 9.e. below. Accordingly, please review the Agreement posted at this location on a periodic basis. Each time you use the Services, you agree to be bound by the terms of the Agreement in effect at the time of your use thereof. The “Last Updated” legend at the top of this page indicates when the Agreement was last revised. Any changes to this Agreement will become effective upon the earlier of: (a) your first use of the Site and Services with actual notice of such changes, or (b) 30 days after we post the revised Agreement and such changes will apply to your use of the Site and Services after the effective date of the revised Agreement. If you do not agree to the revised terms, you are not permitted to use the Services.

THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES YOU AND TREMENDOUS TO RESOLVE ALL DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT OF SUCH PROVISION. PLEASE SEE THE SECTION BELOW TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER” BELOW. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHT TO TRIAL BY JURY, AND EXCEPT AS PERMITTED BY SECTION 6, YOU WILL NOT BE ABLE TO BRING ANY CLAIMS IN STATE OR FEDERAL COURT.

AS EXPLAINED IN FURTHER DETAIL IN THE SECTION BELOW ENTITLED “E-SIGN DISCLOSURE AND CONSENT,” AUTHORIZATION TO ELECTRONICALLY RECEIVE ANY AND ALL COMMUNICATIONS (DEFINED BELOW) IS A CONDITION OF ACCESS TO AND USE OF THE SERVICES, MEANING THAT IF YOU REVOKE YOUR CONSENT TO RECEIVE SUCH COMMUNICATIONS ELECTRONICALLY YOU UNDERSTAND THAT YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICES.

THE SERVICES
1. Generally. You have received value sent to you using the Site (such value, a “Payout”) that you need to claim and redeem. Your Payout is redeemable solely through the Site and is not usable at any third-party merchant prior to such redemption. The Payout was sent to you by the person or company (the “Sender”) specified in the communication that directed you to the Site (such communication, the “Notice”).
  
  The Sender has chosen Tremendous because we offer you a choice in how you redeem your Payout (each, a “Redemption Option”) and make the process as painless as possible (the “Services”). The Sender has selected which Redemption Option(s) are available to you. Each Redemption Option is subject to availability and applicable terms and conditions, which will be provided to you at the time you elect such Redemption Option.
2. Eligibility. To be eligible to use the Services (and redeem your Payout), you must be at least 18 years old (or the applicable age of majority and contractual capacity in the jurisdiction in which you reside).
3. Access. To access the Site and use the Services, you must have the necessary equipment (such as smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. The Services can be accessed directly using the Site. Access to Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to redeem your Payout for periods of time and may also lead to support-response-time delays. Although we strive to provide you with excellent service, we do not represent that the Site or Services will be available without interruption.
YOUR PAYOUT
1. We encourage you to redeem your Payout as soon as possible. Subject to applicable law, your Payout (and the underlying funds) expires five (5) years after the Sender purchased the Payout from us (the “Purchase Date”). Note that such Purchase Date may not be the same date on which you received the Notice. If you do not want to redeem your Payout immediately, please contact [email protected] for the applicable expiration date.
2. The Sender determined the value of your Payout and the Redemption Options available to you. Tremendous cannot change the initial value or the available Redemption Options.
3. The full value of your Payout is held in cash in a bank-owned, pooled custodial account held for your benefit at a federally insured depository institution. Your Payout is subject to a monthly maintenance fee if you do not redeem it within three (3) months of the Purchase Date. If you redeem your Payout before it expires, we may, in our sole discretion, refund any maintenance fees that have been assessed.
4. Taxes. It is your sole responsibility to determine whether and to what extent, any taxes apply to your Payout or use of a Redemption Option and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
5. Transaction Limits. Regardless of the value of the Payout(s) you have received, you cannot redeem more than $10,000 in one 24-hour period. If you have received multiple Payouts totaling more than $10,000, Tremendous will not allow you to choose Redemption Options for any Payouts above that limit. You can return to the Site at least 24 hours later and redeem additional Payouts.
REDEMPTION OPTIONS
1. You may have access to one or more Redemption Options, as selected by the Sender. All Redemption Options are provided by third parties (each, a “Provider”) and subject to terms and conditions imposed by the Provider (“Provider Terms”), which will be provided to you when you elect a particular Redemption Option.
2. You may only choose one Redemption Option per Payout. You are responsible for providing Tremendous with accurate information to direct your Payout to the appropriate Redemption Option. Please ensure your account information, contact information, or such other information as you may be requested to provide are complete and accurate. If you have made a typographical error in the redemption process such that you have not received your Redemption Option, please contact [email protected]. While Tremendous will endeavor to redirect your chosen Redemption Option to the appropriate destination, you agree that such redirection or recall may not be possible and you are solely responsible for the loss of the value of your Payout.
  1. Identity Verification. In order to elect any Redemption Option, you agree to provide us with the information we request for the purposes of (a) directing your Payout, (b) identity verification, and (c) the detection of money laundering, terrorist financing, fraud or any other financial crime and (d) permit us to keep a record of such information. The information required is dictated by the Provider Terms. The information we request may include certain personal information, including but not limited to your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic.
    
    You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should not have any adverse effect on your credit rating.
  2. Unless you are directing your Payout to an approved charity through the Site, Tremendous will only send the value of the Payout to a Redemption Option that is directed to you (the recipient of the Payout). By providing the information for us to direct a Redemption Option, you represent and warrant that you own and control any bank account, stored value account, email address, or phone number so provided, and that you are the designated recipient of the Payout.
3. All redemptions are final. Once you confirm your choice of Redemption Option, you cannot cancel or change your Redemption Option.
4. Tremendous does not guarantee immediate delivery of any Redemption Option. Each virtual/electronic Redemption Option may take up to four (4) business days to be delivered to you. If you elect to receive a physical prepaid card, the delivery thereof may be subject to courier delays which are outside of Tremendous’ control.
5. Redemption Options may be subject to additional fees, which will be disclosed to you at the time you elect a particular Redemption Option. Tremendous may collect such fees on its own behalf or on behalf of a Provider. Any applicable fees will be deducted from the value of your Payout (such that the value associated with your Redemption Option will be less than the initial value of your Payout). Tremendous may change its fees or which Redemption Options are subject to fees, in our sole discretion and without prior notice to you.
6. Tremendous does not guarantee that any Redemption Option will be available. If a Redemption Option is not available at the time you access the Site, it will not be displayed to you. If you believe a Redemption Option is not available to you in error, please contact [email protected].
DATA PROTECTION AND SECURITY
1. Personal Data. You acknowledge that we may process personal data in relation to you and personal data that you have provided or in the future will provide to us in connection with this Agreement or the Services. Accordingly, you represent and warrant that before providing any such personal data to us, you have read and understood our Privacy Policy which is available here.
2. Pre-Population of Your Information. If you have used the Site and Services before, we may be able to pre-populate some or all of the fields required for the redemption process. We provide this service as a convenience to you and rely on information you have previously provided to us. You are solely responsible for reviewing any information we pre-populate for accuracy and completeness. Any typographical errors resulting in misdirection or non-delivery of your Redemption Option are solely your responsibility and Tremendous does not accept any liability therefor.
GENERAL USE AND PROHIBITED USE
1. Limited License. We grant you a limited, non-exclusive, non-transferable license subject to the terms of this Agreement to access and use the Services, Site, and related content, materials, information (collectively, the “Content”) solely for purposes approved by Tremendous from time to time. Any other use of the Site or Content is expressly prohibited and all other rights, title, and interest in the Services, Site or Content is exclusively the property of Tremendous and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part, without the prior written consent of Tremendous. “Tremendous.com,” “Tremendous,” and all logos related to the Services or displayed on the Site are either trademarks or registered marks of Tremendous or its licensors. You may not copy, imitate or use them without Tremendous’ prior written consent.
2. Website Accuracy. Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it; all decisions based on information contained on the Site are your sole responsibility and we shall incur no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Site.
3. Prohibited Use. You are responsible for complying with applicable law, including state and federal laws and regulations regarding money laundering, terrorist financing, and money transfer and remittance. You are responsible for understanding and abiding by the laws and regulations of each jurisdiction in which you use the Services.
  
  Except as required by law, we may, without notice and without liability to you, suspend or terminate access to, or refuse to provide, any Services at any time in our sole discretion, including with limitation:
  1. if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;
  2. if you provide any incomplete, incorrect or false information to us;
  3. if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Site or the Services;
  4. if we receive a facially valid subpoena, court order or other binding order from a government authority requiring us to do so;
  5. if you have breached any portion of this Agreement; and/or
  6. if we determine such action is necessary to comply with this Agreement, any of our policies, procedures or practices, or any law, rule or regulation.
    
    You agree that we will not be held responsible or liable to you or any other person for such action except as required by law.
4. Termination. As a recipient of a Payout and user of the Services, you do not have any ongoing relationship with Tremendous. However, you may not be able to receive the value of funds associated with your Payout if you do not use our Site and Services. You must contact the Sender of your Payout if you wish to receive value (or funds) from such Sender through different means.