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Sila Electronic Communications Consent and Disclosure
Last updated January 13, 2023
Sila Inc. (together with its subsidiaries and affiliates, “Sila”), a financial technology services provider, may be providing you with this Sila Electronic Communications Consent and Disclosure through the website or smartphone application of your “Service Provider” in cooperation with Evolve Bank & Trust (the “Bank”), a member of the Federal Deposit Insurance Corporation (“FDIC”). Sila is a financial technology provider operating as an agent of the Bank to facilitate provision of its services via the Service Provider’s platform (the “Services”). In addition to the terms of your Service Provider and the Bank, you are subject to certain other of Sila’s policies, terms, conditions, consents, and disclosures, available at https://www.silamoney.com/legal.
This Sila Electronic Communications Consent and Disclosure (this “Consent”) applies to all communications related to the Services offered to or used by you through the online platform operated by your Service Provider. You must agree to this Consent to use the Services and before consenting to the Evolve Customer Account Agreement or Evolve Business Account Agreement, as applicable, and all other applicable disclosures and agreements, on your Service Provider’s platform.
You should read this entire Consent carefully before consenting as part of the online registration or application process with your Service Provider. By accessing this document, you demonstrate your ability to access electronic communications in this format prior to consenting to this Consent.
Sila reserves the right to modify the terms of this Consent at any time and without providing notice to you, provided that, if any material change known to affect you is made to this Consent, then Sila will provide you with advanced notice in electronic form. The date of the most recent version of this Consent will appear at the top of this page. Accordingly, you should visit this Consent page periodically to review its terms and note any changes that may affect you.
1. Scope of Electronic Communications Provided
2. Your Consent
By accepting your Service Provider’s platform terms when registering or applying for the Services, and by accepting Sila’s Terms of Service, available at https://www.silamoney.com/legal/terms-of-service, you consent to having electronic Communications provided to you as described in this Consent. You agree that your computer or mobile device satisfies the hardware and software requirements specified in this Consent, that you have provided Sila and your Service Provider with a current email address where you can receive electronic Communications, and that you were able to access, view, and, if desired, print this Consent, which demonstrates your ability to receive Communications electronically in these formats.
3. Method of Electronic Communications Delivery
All Communications that Sila may provide to you in electronic form will be provided either (1) via email; (2) by access to a website designated in an email notice sent to you by Sila at the time the information is available; or (3) by access to a different website designated by Sila for you in advance. You must provide Sila with a current email address to receive electronic Communications.
4. How to Withdraw Your Consent
While your consent to this Consent is a precondition for delivering the Services to you via your Service Provider’s platform, you may withdraw your consent to receive Communications in electronic form by contacting Sila at Sila Inc., Attn: Legal, 1022 NW Marshall Street, Suite 480, Portland, OR 97209. If you withdraw your consent, you may lose access to the Services and your Service Provider’s platform, and any funds owed to you at that time will be returned. Any withdrawal of your consent to receive electronic Communications will be effective only after Sila has had a reasonable opportunity to process your withdrawal. If you provide an invalid email address or a previously valid email address that malfunctions, then Sila, at Sila’s option, may treat this as a withdrawal of your consent to receive electronic Communications and to continue receiving access to the Services.
5. How to Update Your Records
It is your responsibility to provide Sila with your accurate email address and other information, including your personal identifying information, as it relates to this Consent and your initial and continued access to and use of the Services. You are responsible for maintaining and promptly updating this information if your email address or other information changes. You can update your information through your Service Provider’s platform, by contacting your Service Provider directly, or by contacting Sila directly at the following mailing address:
Attn: Customer Records
1022 NW Marshall Street, Suite 480
Portland, OR 97209
To help protect the confidentiality of your personal information, please do not send Sila any confidential information electronically except by securely encrypted email messages.
6. Hardware and Software Requirements
For you to be able to continuously access, view, and retain electronic Communications that Sila may make available to you, you must have the following, at your own cost:
- Hardware with Storage. A personal computer (with Microsoft Windows® XP, Vista, or Windows 7 Operating System, Apple Mac® OS X v10.x Operating System, or Powerpc 604 processor with 120-Mhz Base or higher) or mobile device and operating system with a telecommunications connection to the internet that is capable of receiving, accessing, displaying, and printing or storing Communications you receive from Sila in electronic form via a plain text-formatted email (or by access to the Website (as defined in Sila’s Website Visitor Agreement at https://www.silamoney.com/website-visitor-agreement); your computer or mobile device must have sufficient electronic storage capacity on its hard drive or other data storage unit to download and save PDF documents.
- PDF Reader. Adobe Acrobat Reader 6.0 or higher, or other software that allows you to access and view documents provided to you in Portable Document Format (“PDF”) on your computer or mobile device.
- Email Address. An active email account with an email or internet service provider and any corresponding software necessary for you to timely view and read email Communications.
By affirmatively consenting, you warrant that you have access to the required hardware and software listed above. These requirements are subject to change without notice to you.
7. Saving or Obtaining Paper Copies of Communications
We will not send you a paper copy of any Communications unless you specifically request it or Sila believes it to be appropriate. You can obtain a paper copy of any electronic Communication by printing it yourself or by requesting that Sila mail you a paper copy, provided you make your request within a reasonable time after Sila first delivers that electronic Communication to you. To obtain a paper copy from Sila, please deliver a written request to Sila at the following address:
Attn: Customer Records
1022 NW Marshall Street, Suite 480
Portland, OR 97209
Although unlikely, Sila reserves the right to provide you with a paper copy (instead of an electronic copy) of any Communication that you have authorized Sila to provide electronically.
- All Communications In Writing. All Communications that Sila delivers to you, in either electronic or paper format, are considered to be “in writing.” You should print or download and save a copy of this Consent and any other Communication that you may wish to keep for your records.
- Federal Law. You agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and Sila both intend for the Act to apply to the fullest extent possible to validate Sila’s ability to conduct business with you by electronic means.
- Termination and Amendments. Sila reserves the right, in its sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which Sila provides electronic Communications. Sila will provide you with notice of any termination or change if required by law.