Terms of Service

Last Updated February 23, 2018

Hi there!

Welcome to Scratch! We're excited to help you manage and pay off your loans. It's very important that you read the below carefully—it's a legally binding agreement, and you should know what you're agreeing to when you use our Website and the Services (defined below). We've tried to make this as simple and straightforward as possible. By using our Website and the Services, you're representing that you've read and understand everything in here (including our E-SIGN Consent and Privacy Policy), and you agree to it all.

First things first, some vocabulary:

When we say “we,” “us,” and “our,” we're talking about Scratch Services, LLC and its affiliates, representatives and agents (collectively, “Scratch”), and any of Scratch's successors or assigns. And, naturally, “you” and “your” means the person using or accessing our Services.

When we refer to the “Services,” we mean the products, services, applications and information we make available through our Website, and the information and services we provide via email and in other communications relating to your loan and/or your Scratch Account.

“Website” means www.scratch.fi, scrat.ch or any website we operate where these terms are posted.

“Scratch Account” means the account you use when you access the Services.

The Basics

Okay, now for the legal stuff:

When you use our Website or the Services, you're agreeing (in a legally binding, contractual way) to (1) these Terms of Service (“Terms”), (2) our Privacy Policy and (3) our E-Sign Consent (collectively referred to as the “Agreement”). If you don't want to use our Website or the Services, that's okay—you can repay your loan by snail mail, too. Check out our Help Center for more information.

We reserve the right to change the Agreement from time to time. If we make any changes to the Agreement that we determine to be material, we will make a reasonable effort to inform you of such changes, but you should check the posted Agreement periodically to see if it has changed. If you continue to use the Website or the Services after any change to this Agreement, you're agreeing to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of the Website or the Services without notice or liability.

Also, an important note:

These Terms of Service contain, among other things, an agreement to resolve any disputes through binding arbitration that includes a class action waiver.

Here's what we'll cover in these Terms of Service:

  • Collecting Info About You
  • Communications, Notifications, and Payment Reminders
  • Your Obligations
  • Content and Intellectual Property
  • How We'll Resolve Disputes: Arbitration
  • Other Legal Mumbo Jumbo
  • Termination
  • Consent to Electronic Signatures
  • Contacting us

The headings contained in the Agreement are for reference purposes only.

Collecting Info About You

Validating your identity and contact information

You give us permission to, directly or through third parties, make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with applicable law and our Privacy Policy. This may include asking you for further information for identification purposes, requiring you to take steps to confirm ownership of your email address, or checking your information against third party databases or other sources. We reserve the right to close, suspend, or limit access to your Scratch Account and/or the Services in the event we are unable to obtain or verify this information.

Credit information and reporting

We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. AS REQUIRED BY LAW, YOU ARE HEREBY NOTIFIED THAT A NEGATIVE CREDIT REPORT REFLECTING ON YOUR CREDIT RECORD MAY BE SUBMITTED TO A CREDIT REPORTING AGENCY IF YOU FAIL TO FULFILL THE TERMS OF YOUR CREDIT OBLIGATIONS.

You understand that we may investigate your credit record and obtain your credit report in connection with a credit extension, loan modification, account collection action, or dispute investigation.

Our use of data

We reserve the right, and you authorize us, to use all information regarding your usage of our Website and the Services and all information provided by you in any manner consistent with our Privacy Policy.

We may use third party service providers (such as Plaid Technologies, Inc.) to retrieve certain personal data from non-affiliated financial institutions which hold accounts on your behalf. We use any personal data obtained through such third parties in accordance with our Privacy Policy.

We may use your personal data, user data, and other information collected through the Website or the Services for our business purposes, to help us improve the content and functionality of the Website or the Services, to better understand our customers, and to improve our products and services. We use this data in a manner that is consistent with our Privacy Policy.

Communications, Notifications, and Payment Reminders

Where we can reach you and how we'll communicate

By accepting these Terms of Service, you expressly consent to be contacted by us, our agents or representatives or anyone calling on our behalf at any phone number, mailing address, or electronic address you provide to us, or numbers we can reasonably associate with you or your account (through skip trace, caller ID capture, or other means), about your Scratch Account or the Services. When you provide us with a phone number, you represent that it's your phone number and not someone else's, and that you are permitted to receive calls at that number.

You agree that we may communicate with you in any way, including text messages, calls using prerecorded messages or artificial voice messages, and calls and messages using automated dialer systems and automated texting systems. Automated messages may be played when the telephone is answered, whether by you or someone else. When one of our agents or representatives calls, he or she may also leave you a voicemail. You understand that our communications with you may result in mobile, text message, or data charges, for which you are responsible.

Check out our Telephone Communications Policy for more information about how we'll contact you by phone and how to opt out of telephone or text communications.

Notifications and payment reminders

You agree that we may send you notifications, payment reminders, and updates about your account from time to time. You also agree that if you miss or fail to make a payment, we may contact you about your missed payment.

Communications preferences

You can change your preferred method of communication on the Website at any time by logging into your account or by emailing support@scratch.fi. Keep in mind that our delivery of any Disclosures governed by the E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.

Call monitoring and recording

When you call us or we call you, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be monitored or recorded, not all telephone lines or calls may be recorded, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Monitoring and disclosure for legal and other reasons

Scratch has the right, but not the obligation, to monitor our Services electronically. We may access, use, preserve, transfer, or disclose, at any time and without notice to you, any information (including personal information as defined in our Privacy Policy) as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce the Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our customers, our Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or the services of our business partners.

Your Obligations

Giving accurate and up-to-date info

When you provide information to us, through any channel, you agree to provide only true, accurate, current, and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up-to-date—for example, you agree to let us know whenever you stop using a particular phone number or email address, or when you change your mailing address.

Preventing unauthorized access

Don't give anyone else access to your Scratch Account or account information. You are solely responsible for the confidentiality and security of your account. If you suspect your account has been compromised, please tell us right away!

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

Complying with the law

Don't use, or attempt to use, our Services to break the law or do anything illegal or that infringes on our rights or the rights of any third party.

Content and Intellectual Property

Our content

Everything we use to provide the Website and the Services, including all content and materials, visual interfaces, information, data, and computer code (our “Content”) and all related intellectual property rights are the property of Scratch and our third party licensors. Our Content is protected by U.S. and international intellectual property laws and treaties. You may only use our Content on our Website or through our Services. You may not, without our prior express written consent, copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part. You also may not reverse engineer or reverse compile any of our Website or Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.

Our Website or the Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by our business partners (our “Partners' IP”). Nothing in the Agreement or the Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, or create derivative works from or transmit in any form any of our Partners' IP.

We do not grant you any licenses, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms. We and our third party licensors retain all right, title, and interest in and to the Website, Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.

Links to third party websites or services

The Website or the Services may contain links to third party websites or services that are not owned or controlled by us. These links are provided for reference only. We do not control such third party websites or services and are not responsible for their availability, accuracy, completeness, reliability, or content. Our inclusion of such links does not imply our endorsement of the content, features, products, information, or services offered on such third party websites or services or any association with their owners or operators. We assume no liability whatsoever for any such third party websites or services or any content, features, products, or practices of such third party websites or services. Your access and use of such third party websites and services is subject to applicable third party terms of service and privacy policies. You should read the terms of service and privacy policy of each third party website or service that you visit or utilize.

Your feedback

We want to hear from you! We welcome your comments, suggestions, and other feedback about our Services (“Feedback”) through email, text, phone, social media, our Help Center, and similar channels. By submitting, posting, or otherwise providing us your Feedback, you agree that we can use your Feedback without restriction, in any manner and for any purpose to provide, optimize, improve, and promote or market our Services, and to create new products and services, without compensation to you.

How We'll Resolve Disputes: Arbitration

Arbitration is a process in which persons with a dispute(s): (a) agree to submit their dispute(s) to a neutral third person (an “arbitrator“) for a decision; and (b) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision.

READ THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.

YOU HAVE THE RIGHT TO OPT OUT OF (NOT BE BOUND BY) THIS ARBITRATION PROVISION AS DESCRIBED BELOW. IF YOU DO NOT DO SO:

  • YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY OR A COURT, OTHER THAN A SMALL CLAIMS COURT OR SIMILAR COURT OF LIMITED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT TO ARBITRATION; and
  • YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN COURT OR IN ARBITRATION WITH RESPECT TO ANY CLAIM THAT IS SUBJECT TO ARBITRATION.

THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:

Interstate commerce

This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., and not by any state arbitration law.

Scope

For purposes of this Arbitration Provision, the word “Claim” has the broadest possible meaning and includes, without limitation (a) all federal or state law claims, disputes or controversies, whether preexisting, present or future, arising from or relating directly or indirectly to this Agreement, the information you gave us before entering into this Agreement, including your application, any past agreement or agreements between you and us, any loan or credit product or related product or service obtained from us and any advice, recommendations, solicitations, communications, disclosures, promotions, or advertisements concerning the same; (b) all initial claims, counterclaims, cross-claims, and third-party claims and claims which arose before the effective date of this Arbitration Provision; (c) all common law claims, based upon contract, tort, fraud, or other intentional torts; (d) all claims based upon a violation of any local, state or federal constitution, statute, ordinance or regulation, including without limitation all claims alleging unfair, deceptive or unconscionable trade practices; (e) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (f) all claims asserted by you individually against us and/or any of our employees, directors, officers, shareholders, governors, managers, members, parent company, or affiliated entities, or assignees or against the servicer of your loan (hereinafter collectively referred to as “related third parties“), including claims for money damages, restitution and/or equitable or injunctive relief; (g) claims asserted by you against other persons and entities if you assert a Claim against such other persons and entities in connection with a Claim you assert against us or related third parties; and (h) all data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you. The effective date of this Agreement shall be the date you first use our Website or the Services, or create an account, whichever comes earlier.

Notwithstanding the foregoing, the word “Claim” does not include any dispute or controversy about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof (including, without limitation, the class action waiver set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide. However, any dispute or controversy that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. In addition, this Arbitration Provision will not apply to any individual action brought by you in small claims court or your state's equivalent court, unless such action is transferred, removed, or appealed to a different court.

Class action waiver

Notwithstanding any other provision of this Arbitration Provision, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action, or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with Claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. The parties to this Arbitration Provision acknowledge that the class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration Provision. If the class action waiver is limited, voided or found unenforceable, then the parties' Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the class action waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

Electing arbitration

A party may elect arbitration of a Claim by sending the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested. Your notice must be sent to Scratch Services, LLC, P.O. Box 411285, San Francisco, CA 94141-1285, Attention: Legal Department, and our notice must be sent to the most recent address for you in our files. If a lawsuit concerning the Claim has been filed, such notice can be provided by papers filed in the lawsuit.

Administrator

Regardless of who demands arbitration, you shall have the right to select either of the following arbitration organizations to administer the arbitration: the American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019 (1-800-778- 7879), http://www.adr.org; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225 (1-800-352-5267), http://www.jamsadr.com. However, the parties may agree to select a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitrator's rules. If the AAA and JAMS are unable or unwilling to serve as administrator, and the parties are unable to agree upon another administrator, a court shall determine the administrator or arbitrator. The arbitration hearing will take place at a location reasonably convenient to where you reside.

If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within twenty (20) days in writing by certified mail, return receipt requested, of your decision to select an arbitration organization or your desire to select a local arbitrator. Your notice must be sent to Scratch Services, LLC, P.O. Box 411285, San Francisco, CA 94141-1285, Attention: Legal Department. If you fail to notify us, then we have the right to select an arbitration organization. The arbitration will be governed by the rules and procedures of the arbitration organization applicable to individual consumer disputes. You may get a copy of the rules and procedures by contacting the arbitration organization listed above. In the event of a conflict between the provisions of this Arbitration Provision, on the one hand, and any applicable rules of the AAA or JAMS or other administrator used or any other terms of this Agreement, on the other hand, the provisions of this Arbitration Provision shall control. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator's rules and procedures.

Arbitrator and award

Any arbitrator must be a practicing attorney with ten or more years of experience or a retired judge. The arbitrator will not be bound by judicial rules of procedure or evidence that would apply in a court, nor by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, that would apply if the matter had been brought in court. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable, and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim).

Fees and costs

At your written request, we will pay all filing, hearing and/or other fees charged by the administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again). We will not seek reimbursement of such fees from you even if we prevail in the arbitration. In addition, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the administrator's rules or that we are required to pay for this Arbitration Provision to be enforced. The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by this Agreement, the administrator's rules or applicable law. With respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if applicable law requires us to or if we must bear such fees and costs in order for this Arbitration Provision to be enforced. At the timely request of either party, the arbitrator shall write a brief explanation of the grounds for the decision.

Notice and cure; special payment

Prior to initiating a Claim, you may send us a written Claim Notice. In order for a Claim Notice to be valid and effective, it must: (a) state your name, address and account number; (b) be signed by you; (c) describe the basis of your Claim and the amount you would accept to resolve the Claim; (d) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (e) be sent to us by certified mail, return receipt requested, at Scratch Services, LLC, P.O. Box 411285, San Francisco, CA 94141-1285, Attention: Legal Department. This is the sole and only method by which you can submit a Claim Notice. You must give us a reasonable opportunity, not less than thirty (30) days, to resolve the Claim.

Binding effect; Survival; Severability

This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision shall survive any bankruptcy to the extent consistent with applicable bankruptcy law. The Arbitration Provision survives any termination, amendment, expiration or performance of this Agreement or any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any part of this Arbitration Provision, other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable.

Opt-out process

You may choose to opt out of this Arbitration Provision but only by following the process set forth below. If you do not wish to be subject to this Arbitration Provision, then you (both or all of you if, if more than one) must send us an Opt-Out Notice so that we receive it within thirty (30) calendar days of the date of this Agreement at the following address: Scratch Services, LLC, P.O. Box 411285, San Francisco, CA 94141-1285, Attention: Legal Department. Your Opt-Out Notice must include your name, address, social security number, the date of this Agreement, and a statement that you wish to opt out of the Arbitration Provision. Indicating your desire to opt out of this Arbitration Provision in any manner other than as provided above is insufficient notice. The effective date of this Agreement shall be the date you first use our Website or the Services, or create an account, whichever comes earlier. Your decision to opt out of this Arbitration Provision will not affect your other rights or responsibilities under this Agreement, and applies only to this Arbitration Provision and not to any prior or subsequent Arbitration Provision between you and us.

Other Legal Mumbo Jumbo

Disclaimer

The Website, the Services and any information or service provided through the Website or the Services is provided on an "as is" and "as available" basis. SCRATCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SCRATCH MAKES NO WARRANTY THAT (1) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE OR THE SERVICES, AND ANY INFORMATION OR SERVICE PROVIDED BY THE WEBSITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE OR THE SERVICES, AND ANY INFORMATION OR SERVICE PROVIDED BY THE WEBSITE, WILL BE ACCURATE OR RELIABLE, OR (4) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE WEBSITE OR THE SERVICES WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from or through Scratch shall create a warranty not expressly stated in the Agreement. You assume all risk for any damage that may result from your use of or access to our Website or Services. Notwithstanding the foregoing, nothing in this section shall affect warranties which are incapable of exclusion or restriction under applicable law. Calculators and tools on the Website or Services provide you with ESTIMATES that may be different than actual amounts.

Limitation of liability

UNDER NO CIRCUMSTANCES WILL SCRATCH OR ANY OF ITS AFFILIATES OR REPRESENTATIVES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED ABOVE IN “HOW WE'LL RESOLVE DISPUTES: ARBITRATION,” YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE SERVICES IS TO CEASE YOUR USE OF THE WEBSITE AND THE SERVICES.

Indemnification

You agree to indemnify, defend and hold Scratch, and our partners, directors, officers, employees, representatives and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising out of or related to (i) your access to or use of the Website or the Services, (ii) your violation of the Agreement, (iii) your violation of law in connection with your use of the Website or the Services or (iv) your violation of the rights of a third party, including the infringement by you of any intellectual property or proprietary right or trade secret of any person or entity. This indemnification obligation will survive any termination of your Scratch Account.

Applicable law; venue

You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Scratch or its affiliates. Venue for any dispute not covered by our Arbitration Provision (see above) shall be in state or federal court of competent jurisdiction in San Francisco, CA. Your loan, if you're a borrower, is governed by the law specified in your promissory note or loan agreement.

Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Waiver

The failure of Scratch to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Scratch must be in writing and signed by an authorized representative of Scratch.

Assignment

You may not transfer, assign, or delegate these Terms, the Agreement or your rights or obligations hereunder or your Scratch Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms, the Agreement and our rights and obligations hereunder without your consent.

Statute of limitations

You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Website, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Termination

We may terminate this Agreement at any time, with or without notice, for any reason. You may stop using the Website or Services at any time. You may also revoke your E-Sign Consent and other consents you have given, or opt out of certain types of communications. Keep in mind that our termination of the Agreement, your election to stop using the Website or Services or your revocation of any consent doesn't relieve you of any your obligations under your promissory note or credit agreement, though. Please see our Help Center for more info.

Consent to Electronic Signatures and Communications

This E-SIGN consent is a consent to use electronic signatures and to receive disclosures and other information in an electronic form. Scratch is required to provide you with certain disclosures in connection with your loan(s) and/or the Services. Your consent is needed for Scratch to deliver those disclosures electronically.

By accepting and agreeing to the Terms of Service electronically, you acknowledge and agree to the following:

  • You have read and understand this consent and you agree to be bound by its terms.
  • We may provide disclosures required by law and any other information about your account to you electronically.
  • We may deliver any communications about your loan, your billing statements, records, notices, the status and history of your loan and any additional required disclosures (such as initial or annual privacy notices and disclosures pursuant to federal, state or local laws or regulations) (collectively, “Disclosures”) to you electronically via our Website or to the email that you have provided to us or to your lender.
  • We will notify you via email or text message when Disclosures are available, and you will be able to print or save Disclosures for your records. Any email or text message we send you regarding any Disclosure will explain how to view that Disclosure.
  • Your electronic signature on agreements and documents has the same effect as an ink signature.
  • This consent applies to your loan(s) and to all payment plans, modifications and ancillary agreements related to your loan(s).
  • You represent that you satisfy the minimum hardware and software requirements, email, text message and electronic capabilities described below.

You understand that in order to view, save, or print the Disclosures, you must have: (1) Internet access through a personal computer or mobile device; (2) a widely-used, recent-generation web browser (for example, Chrome or Firefox); (3) a current version of a program that accurately reads and displays PDF files (such as Adobe Reader 7 or higher); (4) a valid email address and/or a mobile device that can receive text messages; and (5) a printer, hard drive, or other storage capability.

To ensure delivery of our emails, you should make sure that your spam filter is set to allow receipt of messages from notifications@scratch.fi. If your email address, mobile device number or other contact information changes, you must notify us of your new contact information by updating your profile on your Scratch Account or calling us at (844) 727-2684.*

You may withdraw your consent to electronic signatures and communications at any time by emailing us at support@scratch.fi or calling us at (844) 727-2684.* If you withdraw consent, the remaining provisions of these Terms will remain in full force and effect. Your withdrawal will apply only to your consent to receive electronic Disclosures. Please be aware, however, that withdrawal of consent may result in the termination of your access to and use of our online services. Your withdrawal of consent will become effective only after we have had a reasonable opportunity to process your withdrawal. There will be no fees or penalties for withdrawal of your consent. If you withdraw your consent and your use of the Services is terminated, you authorize us to continue making transfers and bill payments you have previously authorized until such time as we have had a reasonable time to act on your termination notice. Once we have acted on your termination notice, we will make no further transfers or payments from your account(s), including transfers or payments that you have previously authorized.

You agree that we may send you Disclosures in paper form at our option. You also have the option to receive any information that we have provided electronically in paper form at no cost to you. To request a paper copy of a Disclosure, call us at (844) 727-2684.*

In addition, we reserve the right, in our sole discretion, to discontinue electronic communications or to terminate or change the terms and conditions on which we provide electronic communications. We will notify you of any such termination or change by updating these Terms on the Website or delivering notice of such termination or change electronically.

Contacting Us

If you have any questions, comments, or suggestions for us, please let us know. You can visit our Help Center, contact us by email at support@scratch.fi, by phone at (844) 727-2684* or by snail mail at P.O. Box 411285, San Francisco, CA 94141-1285.