About us:
Alpha Cash is a financial technology platform operated by Alpha Modus Financial Services, LLC. Banking services are provided by partner banks, including TransPecos Bank, Member FDIC. Certain services may be provided through licensed third-party partners and may be subject to separate agreements, disclosures, and terms.
For purposes of these Terms:
1. Eligibility
To use the Services, you must::
We may restrict, suspend, or terminate your access to the Website or Services if you violate these Terms, misuse the Website or Services, provide false information, or where required by law.
2. The Website
The Website provides information about Alpha Cash products and services, which may include:
Information about products, services, fees, availability, and eligibility may change from time to time. We may modify, update, suspend, or remove content or features on the Website at any time. Certain Services may be governed by separate agreements, disclosures, fee schedules, or terms and conditions. Your use of a specific Service may be subject to those separate terms in addition to these Terms.
3. User Responsibilities
You agree to:
4. Identity Verification & Compliance
To comply with applicable laws, including the Bank Secrecy Act, USA PATRIOT Act, and anti-money laundering regulations, and sanctions requirements, we may:
Failure to provide requested information or comply with applicable requirements may result in delayed, declined, canceled, or restricted transactions, suspension of Services, or closure of your account.
4.1 Privacy & Data Protection
Your privacy is important to us. Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Services, you acknowledge that we may collect, process, use, and share your information as necessary to:
We will handle your personal information in accordance with applicable federal and state privacy laws, including the Gramm-Leach-Bliley Act and other applicable consumer privacy laws.
For more information about how we collect, use, and protect your information, please review our Privacy Policy.
5. Fees & Transaction Limits
Fees, transaction limits, and exchange rates (if applicable) may vary depending on the Service you use and will be disclosed before you complete a transaction.
Applicable fees, limits, and exchange rates may be provided:
Unless otherwise required by law or applicable service terms, fees are generally non-refundable once a transaction has been completed.
We may modify fees, transaction limits, and exchange rates from time to time. Where required by law, we will provide notice of material changes by posting updated information on the Website, within the App, by email, or through other appropriate methods.
Additional information regarding fees may be available on our Fees page, Cardholder Agreement, Money Transfer disclosures, or other service-specific agreements.
6. Transaction Finality & Error Resolution
Some transactions may not be cancellable once they have been processed.
If you believe a transaction was unauthorized, incorrect, or missing, please notify us as soon as possible using any of the contact methods provided in Section 18.
We will review reported issues in accordance with applicable law, including Regulation E where applicable. During our review, we may place a temporary credit on your account or take other appropriate action where required or permitted by law.
We will notify you of the outcome of our review within the timeframe required by applicable law.
For certain electronic fund transfers, you may have additional rights and protections under Regulation E and other applicable laws. Additional details may be provided in the Cardholder Agreement or other service-specific disclosures.
7. Service Availability & Force Majeure
We do not guarantee uninterrupted access to the Services. Availability may be affected by maintenance, system issues, technical problems, or events beyond our reasonable control.
We will not be responsible for delays, interruptions, or failures in providing the Services caused by circumstances beyond our reasonable control, including:
During these events, some Services may be temporarily unavailable, delayed, or limited.
8. Suspension & Termination
We may suspend, limit, or terminate your access to the Services, close your account, or refuse to process transactions if:
You may stop using the Services and close your account at any time.
Suspension or termination will not affect any rights or obligations that arose before the suspension or termination, including any outstanding fees, liabilities, or legal obligations.
We may retain certain information after your account is closed where required by law or for legitimate business purposes, including fraud prevention, regulatory compliance, and record retention.
9. Disclaimers
The Services are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, Alpha Cash disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not guarantee that:
We do not guarantee the quality, accuracy, validity, or legality of checks, money orders, payment instruments, or other items presented for deposit. You are responsible for ensuring that any item you present is genuine and valid.
Certain Services may be provided by partner banks, licensed providers, payment processors, mobile carriers, bill payment providers, gift card issuers, or other third parties. We are not responsible for the acts, omissions, products, services, policies, or terms of those third parties.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
10. Limitation of Liability
To the fullest extent permitted by law, Alpha Modus Financial Services, LLC and its affiliates, officers, directors, employees, agents, licensors, service providers, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of the Services or these Terms.
This includes damages relating to:
To the fullest extent permitted by law, our total liability to you for any claim arising out of or related to the Services or these Terms will not exceed the greater of:
Nothing in these Terms limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, willful misconduct, or other rights that cannot be waived by law.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
11. Dispute Resolution & Arbitration
This Section does not limit your right to report transaction errors, unauthorized transactions, or other issues through Customer Support or through any process required by applicable law, including Regulation E.
Please read this section carefully. It explains how disputes between you and Alpha Cash may be resolved.
Unless otherwise provided in these Terms or required by applicable law, certain disputes may be resolved through binding arbitration on an individual basis rather than in court.
By agreeing to these Terms, you may also be waiving the right to participate in a class action or other representative proceeding.
Additional details about informal dispute resolution, arbitration procedures, opt-out rights, and exceptions are provided below.
11.1 Informal Dispute Resolution
Before starting a formal legal proceeding, you agree to first contact us at support@alphacash.ai to try to resolve the dispute informally. We will attempt to resolve the dispute by contacting you using the email address or other contact information you provide. If the dispute is not resolved within sixty (60) days after notice is provided, either party may pursue a formal proceeding.
11.2 Binding Arbitration
Except as provided in Section 11.5 (Exceptions), you and Alpha Cash agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or JAMS under its Comprehensive Arbitration Rules and Procedures, as applicable. The arbitration will be conducted by a single arbitrator.The arbitration shall take place in the county where you reside in North Carolina, or if you reside outside North Carolina, at your option. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction. This arbitration provision is governed by the Federal Arbitration Act.
11.3 Class Action Waiver
You and Alpha Cash agree that each party may bring claims only in an individual capacity and not as part of any class action, collective action, representative proceeding, or similar action. Unless both parties agree otherwise, the arbitrator may not consolidate claims or preside over any class, collective, or representative proceeding. If a court determines that this class action waiver is unenforceable, then the arbitration provision will not apply to that dispute.
11.4 Arbitration Fees and Costs
Each party will be responsible for its own filing, administrative, and arbitrator fees in accordance with the applicable AAA or JAMS rules. However, Alpha Cash will pay reasonable filing, administrative, and arbitrator fees for non-frivolous claims seeking less than $10,000 in damages, where required by applicable arbitration rules or law.
11.5 Exceptions to Arbitration
Either party may bring a lawsuit in court:
11.6 Opt-Out Right
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to the address in Section 18 within sixty (60) days of first accepting these Terms of Use for the website. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of these Terms will continue to apply, and any disputes will be resolved in accordance with Section 12.
11.7 Severability of Arbitration Provisions
If any part of this arbitration section is found to be unenforceable, the remaining portions will continue to apply to the fullest extent permitted by law.
12. Governing Law
These Terms and any disputes arising out of or relating to these Terms or the Services are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. Subject to the arbitration provisions in Section 11, any dispute that is not resolved through arbitration will be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina. You and Alpha Modus Financial Services, LLC consent to the jurisdiction of those courts and waive any objection based on venue or inconvenient forum.
13. Changes to These Terms
We may update these Terms from time to time.
If we make material changes, we may provide notice by:
Unless otherwise required by law, updated Terms will become effective thirty (30) days after notice is provided.
Your continued use of the Services after the effective date of the updated Terms means that you accept the revised Terms.
If you do not agree to the updated Terms, you must stop using the Services.
14. Third-Party Services and Products
Certain Services may be provided by or involve third-party providers, including:
Your use of third-party services may be subject to separate terms, conditions, privacy policies, disclosures, and fees imposed by those third parties.
Alpha Cash is not responsible for the acts, omissions, products, services, policies, errors, or terms of third-party providers.
We may receive compensation from certain third-party providers for transactions initiated through the Services. Any such arrangement does not affect the fees, terms, or disclosures that apply to your transaction.
15. Intellectual Property Rights
All content, materials, features, functionality, trademarks, service marks, logos, trade names, graphics, text, images, software, and other intellectual property displayed on or used in connection with the Website or Services are owned by Alpha Modus Financial Services, LLC, its affiliates, licensors, or partners and are protected by applicable intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for personal, non-commercial purposes.
You may not:
Any unauthorized use of the Website, Services, or Alpha Cash intellectual property may result in suspension or termination of access and may subject you to legal action.
16. Electronic Communications and Signatures
You agree that we may provide notices, disclosures, agreements, and other communications to you electronically, including through:
You agree that electronic communications satisfy any legal requirement that communications be in writing.
To receive electronic communications, you must have:
You may withdraw your consent to receive electronic communications by contacting Customer Support.
If you withdraw consent, we may continue to provide legally required notices by postal mail, which may delay your receipt of certain information.
You may request paper copies of legally required disclosures by contacting us using the information in Section 18.
Your electronic acceptance of these Terms, including clicking “I Agree,” checking a box, or using the Services after being presented with these Terms, constitutes your legally binding electronic signature and agreement to these Terms.
17. Miscellaneous Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy, Electronic Fund Transfer Disclosures, and any other agreements or policies expressly incorporated by reference, constitute the entire agreement between you and Alpha Cash regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
17.2 Severability
If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court or arbitrator of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The unenforceable provision shall be deemed replaced by an enforceable provision that most closely reflects the intent of the original provision.
17.3 Waiver
No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise expressly provided in writing. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
17.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer these Terms or our rights and obligations under these Terms without your consent, including in connection with a merger, acquisition, sale of assets, corporate reorganization, or operation of law.
17.5 No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party, and no third party shall have any right to enforce any provision of these Terms.
17.6 Notices
We may provide notices to you by:
You are responsible for keeping your contact information current.
We are not responsible for delays or failures in delivering notices caused by outdated or incorrect contact information.
You may provide notices to us using the contact information listed in Section 18.
17.7 Relationship of Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Alpha Cash. Neither party has the authority to bind the other or to incur any obligation on the other's behalf.
17.8 Survival
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to Sections 9 (Disclaimers), 10 (Limitation of Liability), 11 (Dispute Resolution & Arbitration), 12 (Governing Law), 15 (Intellectual Property), and 17 (Miscellaneous Provisions).
17.9 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
17.10 Language
These Terms may be made available in multiple languages. In the event of any conflict between the English version and any translation, the English version shall control.
18. Contact Information
Customer Support Email: support@alphacash.ai
Customer Support Phone: +1 (855) 362-5742
Mailing Address:
Alpha Modus Financial Services, LLC
20311 Chartwell Center Drive, #1469
Cornelius, NC 28031
For questions about these Terms, to report errors, submit complaints, exercise your rights, or request additional information, please contact us using the information above.
We will respond within the timeframe required by applicable law.
19. State-Specific Disclosures
Certain money transmission and related financial services are provided through licensed partners where required by law.
Additional state-specific licensing information, consumer disclosures, and customer rights may be available on our Licenses or Disclosures page.
You may also contact Customer Support for additional information regarding the licensed provider applicable to your transaction or service.
