Terms of Service

Last Updated:

May 1, 2022

Secure Terms of Service Agreement (Employer)

This Terms of Service Agreement (Employer) (the “Agreement”) is between Secure, Inc. (“Secure”, “we”, “us” or “our”) and any person or entity (“User”, “you” or “your”) that accesses or uses the Secure website located at securesave.com or any successor site (the “Site”) or the products and services made available by Secure through or in connection with the Site (the Site and such products and services are referred to collectively as the “Services”) to receive certain Services from us. These Terms apply specifically to those entities that have created an account with Secure as an employer and that has purchased a subscription for Services (“Employers”). If you are an individual who is simply browsing the Site and are not using the Services that we provide to Employees or to Employers (a “Visitor”), or if you are an employee who is using features of the Services made available through a subscription purchased by your employers (“Employee”), these Terms of Service do not apply to you, and other terms and conditions govern your relationship with Secure and your use of the Services.

THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION THAT REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES BETWEEN YOU AND SECURE AND CONTAINS A CLASS ACTION WAIVER. PLEASE REVIEW SECTION 16 BELOW FOR MORE INFORMATION.

1. Acceptance of Agreement Terms

By signing an agreement or clicking a box indicating you agree to the terms of this Agreement, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are agreeing to this Agreement on behalf of a business entity, you represent to Secure that you have authority to bind that business entity to this Agreement, and your agreement to this Agreement shall constitute the agreement of the business entity (and the terms “you” and “your” shall include the business entity). Additionally, you represent that you have reached the age of majority in the state or jurisdiction in which you reside. The Services are not intended for use by anyone under the age of 18.

2. Services

2.1 Services Descriptions. Secure provides a variety of Services. A description of the Services to which you have subscribed or enrolled will be provided, displayed, or otherwise made accessible to you at or before the time you subscribe or enroll, which may occur via a written ordering document or an electronic order or enrollment mechanism (an “Order”).
2.2 Secure Payroll Savings Account. The Secure Payroll Savings Account is offered and provided by one or more banks that Secure partners with from time to time (“Bank”), which will be an FDIC-insured depository institution, through Secure.
2.3 Secure Payroll Savings Program. The Secure Payroll Savings Program is designed to help Employees save money from their paycheck automatically. An Employer that wishes to offer the Secure Payroll Savings Program to its Employees must first subscribe to Secure’s Services, configure the Employer’s savings program options (as further described in Section 2, below), and invite eligible Employees. Eligible Employees wishing to participate may accept an invitation, create a User Account, and make savings elections (such as specifying the rate of savings). Employers may make changes to the configuration of their savings program, and Employees may increase or decrease the rate of savings, stop savings or request a transfer of funds, in each case through the Employer’s Secure Payroll Savings application (the “Employer Application”).

3. Employer Set-Up and Responsibilities.

3.1 After an Employer subscribes to the Secure Payroll Savings Program, the Employer will be required to provide Secure with, update and maintain (through the Employer Application) during the term of the subscription, certain information, including the following: (a) Employer’s company and contact information; (b) Employer’s bank account information; (c) Employer payroll software/service information; (d) participation, matching (if applicable) and other applicable Employer rules and policies; (e) eligible Employee information; (f) authorized administrative user information; and (g) such other information as Secure may reasonably require from time to time to provide the Secure Payroll Savings Program to Employer (collectively, “Employer Information”).
3.2 Employer is solely responsible for the accuracy of all Employer Information it provides or approves (whether provided directly or through the Employer Application), and Employer is solely responsible for any claims and liabilities, including but not limited to IRS penalties and/or interest, other penalties and/or interest, and or claims by Employees, arising from the failure to timely provide and maintain accurate and complete Employer Information at all times. Employer waives and releases any claim against Secure arising out of any errors or omissions in the Employer Information which Employer has not corrected or has not requested Secure to correct. Secure is not responsible for verifying the accuracy of any Employer Information that Employer provides to Secure.
3.3 By entering into the Agreement and electing to set up and use the Secure Payroll Savings Program for your employees, you represent and warrant that you have completed and retained a Form I-9 to verify the identity and employment authorization of each Employee that you elect to make eligible for participation in the Secure Payroll Savings Program.

4. Secure Custodial Accounts.

4.1 In accordance with Employee’s elections, and in coordination with Employee’s Employer, we will facilitate the transfer of the amount of funds designated by Employee from Employee’s paycheck to one or more pooled accounts maintained by Bank for the benefit of Secure Payroll Savings Program participants at Bank (each a “Custodial Account”). All funds transferred on behalf of an Employee are referred to as “Employee’s Savings.” Employee’s Savings are never held or accessed by Secure.
4.2 Employee Savings may be transferred from Employer to the Custodial Account using a payment method supported by Secure from time to time, which may include: (i) via ACH from an eligible bank account located in the United States, or ii) any other fund transfer method supported by Secure from time to time. Secure may add or remove payment methods available for transferring Employee Savings to the Custodial Account at any time in its sole discretion.
4.3 Secure reserves the right to reject, delay, suspend or modify any fund transfer at any time to prevent anticipated loss or harm to Employee, Employer, Secure or any third party.
4.4 Secure will serve as the recordkeeper for the Custodial Accounts and will provide certain administrative services including: (a) tracking Employee eligibility based on Employer’s instructions; (b) providing Employees with online access to their Employee’s Savings balances and transaction history; (c) processing transactions, including deposits and transfers; (d) generating statements and reports; and (e) providing customer support.
4.5 Termination of Employment with Employer; Employer Termination of Subscription. If an Employee participating in the Secure Payroll Savings Program is terminated by or discontinues employment with their Employer, or an Employer terminates its subscription to the Secure Payroll Savings Program, Employee will continue to have access to the Secure Payroll Savings Program. Any Employer-provided benefits that are provided through our Secure Payroll Savings Program, such as but not limited to Employer matching, will terminate following termination of employment or termination of Employer’s subscription.

5. Fees and Payment.

5.1 Fees. Certain Services require the payment of fees and/or other charges. Where applicable, you agree to pay the fees and other charges for the Services to which you have subscribed as disclosed to you at the time you subscribe to the Services.
5.2 Payment. Secure will invoice you for Service fees each month or otherwise in accordance with the relevant Order. Unless otherwise stated in an applicable Order, invoiced fees are due within 30 days following your receipt of the invoice. You are responsible for providing complete and accurate billing and contact information to Secure and notifying Secure of any changes to such information.
5.3 Fee Changes. Secure reserves the right to change the fees for Services from time to time. Secure will notify you of any change to existing fees for Services to which you have subscribed at least thirty (30) days prior to the effective date of the fee change.
5.4 Overdue Amounts. If any invoiced amount is not received by Secure by the due date, then without limiting Secure’s rights or remedies, such amount may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.
5.5 Payment Disputes. Secure will not exercise its rights under the “Overdue Amounts” section above if you have provided Secure with written notice disputing charges reasonably and in good faith and you are cooperating diligently to resolve the dispute.
5.6 Taxes. All fees charged to you are exclusive of taxes. Except for those taxes based on Secure’s net income, you shall be responsible for all applicable taxes in connection with the subscribed Services, including, but not limited to, sales, use, excise, value-added, goods and services, consumption, and other similar taxes or duties.
5.7 Changes to Services. We reserve the right to enhance, upgrade, improve, modify or discontinue the Services, in whole or in part, as we deem appropriate and in our discretion.

6. Additional Electronic Funds Transfers Disclosures

6.1 If you believe that the secure credentials to access your User Account (“Access Credentials”) have been lost or stolen, or if you believe a transfer has been made for you or for any of your Employees using information from your access credentials without your permission, you must notify us at support@securesave.com immediately.
6.2 For purposes of this Agreement, our business days are Monday through Friday, excluding federal holidays.

7. Additional Terms.

Please note that additional or different terms may apply to your access and use of certain Services (“Additional Terms”). Where applicable, other Additional Terms will be provided, displayed, or otherwise made accessible to you at or before the time you subscribe to or enroll for Services to which the Additional Terms apply. Any such Additional Terms are incorporated into and supplement this Agreement.

8. Privacy Statement.

Our Privacy Statement https://www.securesave.com/legal/privacy describes how Secure collects and processes the information you provide to us when you use the Services. You agree that by accessing or using the Services you consent to the collection and processing of such information by Secure as described in the Privacy Statement.

9. Changes to this Agreement.

Secure reserves the right to change this Agreement from time to time.

10. User Accounts.

In order to access or use certain features of the Services, you must be provided with or register for an account with Secure (a “User Account”) and provide certain information as required by Secure or Bank from time to time. You agree to provide accurate, current and complete information (such as, but not limited to, your or your principals’ or beneficial owners’ name, mailing address, date of birth, social security number, tax identification number and email address) as may be prompted by any User Account registration form available through the Services or otherwise requested by Secure.

11. Ownership and Intellectual Property Rights.

11.1 User Content. “User Content” means any information, data, text, content, photos, images, graphics, music, and other materials that you provide or cause to be provided to or through the Services by any means. Secure does not obtain any ownership rights in User Content. However, by providing or causing the provision of User Content to or through the Services, you grant (and you warrant that you have all rights necessary to grant) to Secure a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute User Content for use in connection with the Services.
11.2 Secure Content. “Secure Content” means any information, data, text, content, photos, images, graphics, music, and other materials made accessible on or provided through the Services, excluding User Content.

12. Term; Termination; Suspension.

12.1 Agreement Term. This Agreement commences on the earlier of (a) the date you access or use the Services and (b) the date indicated on an applicable Order (“Effective Date”), and will remain in effect until the effective date of a termination of this Agreement made in accordance with the terms of this Agreement.

13. Indemnification.

You agree to defend, indemnify, and hold Secure, its officer, directors, employees, shareholders, agents, successors and assigns (the “Secure Parties”) harmless from and against all liabilities, claims, damages, costs and expenses, including without limitation, reasonable attorneys’ fees (collectively, “Claims”), that arise from or relate to (i) your violation of any term of this Agreement; (ii) your breach of any representation or warranty in this Agreement; or (iii) your violation of any applicable law, rule or regulation or the rights of a third party in connection with your use of the Services.

14. Limitations of Liability.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR OTHERWISE, SHALL THE SECURE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR THEFT OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF THE SECURE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR (B) ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU HAVE PAID SECURE FOR USE OF THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Warranty Disclaimers.

15.1 EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE DISCLAIMED BY SECURE.

16. Agreement to Arbitrate; Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

16.1 Agreement to Arbitrate. Unless otherwise set forth in a separate agreement between you and Secure which expressly indicates that this Section 12 does not apply, any dispute or claim arising out of or relating in any way to this Agreement or the Services that cannot be resolved directly between you and Secure shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA” ) in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (collectively, the “AAA Rules“) then in effect,
16.2 Pre-Arbitration Dispute Resolution. Except as set forth herein, prior to initiating an arbitration, you and Secure each agree to notify the other party of any dispute and to engage in good faith negotiations to reach an informal resolution of the dispute.
16.3 Exceptions. You and Secure agree that the following disputes are not subject to the above provisions concerning informal dispute resolution and binding arbitration and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) any claim which may be brought as an individual action in a small claims court having applicable jurisdiction.

17. Electronic Communications; SMS Messages

Consent to Electronic Communications. You understand and agree that that the following categories of information (“Communications”) may be provided by electronic means either by e-mail or posted on or through the Services as described below:
- This Agreement and any amendments, modifications or supplements to it;
- Your records of any payment and other transactions made through the Services;
- Any disclosures or notices provided in connection with the Services, including without limitation those required by applicable law;
- Any customer service communications; and
- Any other communication related to the Services.

18. General Terms

18.1 Governing Law and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington, without reference to its conflict of law provisions.
18.2 Third-Party Sites and Services. In using our Services, you may view content provided by third parties, including links to websites of third parties (“Third-Party Content”). Secure does not control, endorse or adopt any Third-Party Content and has no responsibility for Third-Party Content.
18.3 Force Majeure. Notwithstanding anything to the contrary contained in this Agreement, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including without limitation, acts of God, pandemics or epidemics, acts of war or terrorism, acts or orders of government, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest.
18.4 Severability. In the event any of the terms or provisions of this Agreement shall be held to be invalid or unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.
18.5 Waiver. Any waiver by a party of any provision of this Agreement, whether in writing or by course of conduct or otherwise, shall be valid only in the instance in which it is given, and shall not be deemed a continuing waiver of any provision, nor shall it be considered a waiver of any other provision.
18.6 Assignment. Secure may assign or transfer this Agreement and Secure’s rights and obligations hereunder without restriction. You may not assign or transfer this Agreement or your rights or obligations hereunder, by operation of law or otherwise, without Secure’s written consent, and any attempt to do so without such consent will be null and void and of no effect.
18.7 Entire Agreement. This Agreement, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement between you and Secure, and supersedes any and all other oral or written agreements or understandings between the parties.

19. Additional Terms Applicable to California Residents

The following Additional Terms apply to Users that are residents of California:

19.1 To the maximum extent permitted by law, Users who are California residents expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.”
19.2 Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

The provider of the Services is Secure, Inc., 5400 Carillon Point, Kirkland, WA 98033. To file a complaint regarding the Services or to receive further information regarding use of the Services, please send a letter to the above address or contact us via email at support@securesave.com (with “California Resident Request” as the Subject Line). You may also contact the Division of Consumer Affairs, Consumer Information Division in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95814, by telephone at 800.952.5210 / 916.445.1254 or via the Internet at www.dca.ca.gov.