Terms of Service

Last Modified:  April 3rd, 2024

Welcome to Tellus!



Using Tellus requires agreement with all terms of service of our providers. For your ease of reference, our third-party providers’ terms of service and user agreement are listed below and where applicable, are incorporated hereto in full, including any privacy policy (as amended from time to time, the “Terms of Service,” “TOS” or “Agreement”). Our TOS and our providers’ terms are updated periodically, and you will always be able to access the latest terms at www.tellusapp.com

Tellus is not a bank, and Tellus is not a member of the Federal Deposit Insurance Corporation (“FDIC”).

Payment solutions are provided by Stripe and Plaid. By providing us with your banking, credit/debit card, or other payment information, you authorize us to use it and disclose it to these or other payment gateway providers for the purpose of processing the payments you authorize on the Service. Payment gateway providers may also aggregate your information for other purposes, but only in ways that don’t identify you personally or disclose any personal information about you and may disclose your personal information when necessary to comply with the law.

No communication by Tellus App, Inc. or any of its affiliates (collectively, “Tellus”), through our website or any other medium, should be construed or is intended to be a recommendation to purchase, sell or hold any product, service, and security or otherwise to be investment, tax, financial, accounting, legal, regulatory or compliance advice.

1. Terms & Conditions

Tellus App, Inc. (“Tellus”, “we”, “us”, “our”) is a smart mobile phone real estate management chat and rent collection platform that connects Landlords, Renters, Property Managers, Realtors,  Service Providers, any person and any business (collectively the “User,” “Customer” or “You”), and facilitates various tasks and services related to managing real estate including the renting and leasing of a property, payment of rent, payment of mortgage, reimbursement requests and work orders, documenting and saving receipts and home related files, and general property management and home management. 

We provide our information to you through our website located at tellusapp.com (the “Site”) and provide our services through our mobile applications and other related services (collectively, such services, including any new features and applications, and the Site, are referred to as the “Service(s)”), subject to the this TOS.  We reserve the right, at our sole discretion, to change or modify portions of this TOS, our Site and Services at any time.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these TOS were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Your continued use of the Service(s) after the date any change becomes effective constitutes your acceptance of the revised/new Terms of Service.

The Service(s) includes certain services that are available via a mobile device, including (a) the ability to upload content to the Service(s) via a mobile device, (b) the ability to browse the Service(s) and the Site from a mobile device and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”, for clarity “Service(s)” includes but is not limited to “Mobile Services”). To the extent you access the Service(s) through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Tellus and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

In addition, when using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including but not limited to the Tellus Privacy Policy. Registration data and certain other information about you that is provided to us are governed by our Privacy Policy. By using the Service(s), you consent to our collection and use of personal or business data as applicable as outlined therein. All such terms are incorporated by reference into these Terms of Service.

1.1 Registration and User Account

You are required to register with us to access and use certain features of the Service(s). If you choose to register for the Service(s), you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. You must provide your full legal name, a valid email address, a valid phone number, and any other information requested to complete the registration process. You are also responsible for keeping your phone number and email address up to date, so we can send you important notices. You will receive a user account protected by your password after completing the full registration and agreement to the TOS (“User Account”). 

If you violate any of the Terms of Service, we may terminate your User Account without notice. Furthermore, Tellus, in its sole discretion, reserves the right to modify or discontinue, temporarily or permanently, the Service(s) (or any part of the Service(s)) with or without notice. You agree that Tellus will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service(s).

You are required to open a Cash Account (Cash Accounts are described in detail below) as part of your registration and establishment of a User Account.  Cash Accounts and other sub-accounts and features are discussed in detail in Section 2 – Account Details.  If at any time your Cash Account is closed for any reason, it also results in all other sub-accounts, features and  access to all Service(s) to be terminated. 

1.2. Limitations

You must be at least 18 years old to use the Service(s) except in Mississippi, Alabama and Nebraska, where you must be at least the age of majority in the jurisdiction in which you reside. Your User Account may only be used by one person. A single User Account shared by more than one person is not permitted. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

1.3Accessing Your User Account

1.3.A Protect Your User Account and Password

You are responsible for maintaining the confidentiality of your password, device passcodes, and/or one time security codes we give you when you use two-step verification (“Security Codes”), biometrics, and/or any other information you use to access the Service(s), and/or your User Name (“Credentials”), and you are fully responsible for all activities that occur under your Credentials.  You are responsible for any instructions we receive and act on based on your Credentials. 

1.3.B Biometrics

This section applies when you use Biometrics (Biometrics means ways to identify people based on their physical features, such as fingerprints and facial recognition.) to access your User Account.  It provides additional security requirements. You can choose to use Biometrics as a way for us to identify you.  You must first enable Biometrics on the device you use to access the Service(s). If you enable Biometrics you must not: (a) store any other person’s Biometrics on your device.  This is important because any Biometrics stored on your device can be used to login to your User Account; (b) add any Biometrics to a device you do not own; (c) add any Biometrics to a device that already has someone else’s Biometrics stored on it; (d) permit anyone else to add or store Biometrics on your device; and (e) share your device passcode with anyone (this could allow them to add Biometrics to your device). 

1.3.C Power of Attorney

A power of attorney is a document you sign that authorizes someone else, called the agent, to act on your behalf. If you sign a power of attorney, the agent can sign and/or authorize any actions within the Service(s) on your behalf and do anything you could do regarding the User Account, including withdrawing or spending all of the money in the Cash Account. Do not sign a power of attorney unless you trust the agent to act in your best interest. If you choose to add an agent, you must provide a power of attorney form that we agree to accept. We may rely on a copy of an original power of attorney. We are not required to investigate the facts relating to any power of attorney provided to us on your behalf, including whether your signature on the power of attorney is authentic or whether the agent continues to have authority. We may follow or refuse to follow the agent’s instructions at any time, including if we suspect fraud or abuse on your User Account, unless state law requires otherwise. We may also refuse an agent’s request to become a beneficiary of a User Account, but we have no liability to anyone if we do so. We have no liability when we follow or refuse to follow any instructions from an agent, for example, if your agent misuses the authority you have given them. An agent’s power of attorney on a User Account is terminated when the User Account owner dies or it is revoked by you and we have had a reasonable opportunity to act on notice of your death or revocation. 

1.3.D Death or Incompetence of User Account Owner or Sole Signer

Tellus should be notified immediately if any User Account owner dies or is declared incompetent by a court. We may act as if the owner is alive and competent until we receive notice otherwise. After we receive notice of death or incompetence we may freeze your balance, refuse to accept transactions, and reverse or return transfers. We are not required to release your funds until we receive any documents we reasonably request to verify your death or incompetence and tells us who may act on your behalf or on behalf of your estate. 

1.3.E Truthful Personal Identification Information Required

Tellus has a responsibility to obtain your personal information. You confirm you are authorized to provide us such numbers to allow us to provide our Services.  It is your responsibility to provide correct and honest (to the best of your knowledge) information.  We require the submission of United States state or government issued ID for KYC (Know Your Customer) and AML (Anti-Money Laundering) compliance purposes in addition to our own Fraud prevention policies. We require the submission of your social security number (“SSN”) or substitute tax id number (“TIN”) to generate a 1099-INT form for tax purposes. We require the submission of your Residential Address to generate a 1099-INT form for tax purposes and to further validate your identity.  We may also use the information you provide for any other lawful purpose. To link your bank account to Tellus, certain bank account information may be required and collected from you. As a general matter, Tellus does not keep, hold or store your bank account information but such account information may be held by our payment processing partners like Stripe and Plaid, and said information will be subject to their privacy polices and/or their additional terms and conditions. All personally identifying information that may be held by Tellus will be held and stored only as encrypted data. 

1.4 Tax Reporting 

Form 1099-INT will be issued to users who have earned more than $10 in Rewards or interest over a given calendar year.

1.5 Account Reconciliation/Adjustments

We reserve the right, at our sole discretion and without notice to you, to perform periodic account reconciliations and adjustments to your account balance to reflect any adjusted Reward(s) or interest earned, if we find any anomalies. Should we determine, in our sole discretion, to notify you of an adjustment, you agree notice may be provided electronically. 

1.6 Termination /Deactivation

1.6.A You Can Terminate

If you wish to cancel your User Account, you should do so via the Mobile Service or by sending us a message via email. A verbal request to cancel your User Account will not be processed. If you cancel your User Account, all your information may be immediately (or at some point in the future) irrevocably deleted. You should save a copy of anything important before canceling your User Account.  Termination of your Cash Account results in termination of any other accounts or features and deactivates your access to the Service(s). 

1.6.B Deactivating/Terminating User and/or Cash Accounts

Tellus may close your User Account and the Cash Account at any time for any reason or no reason without prior notice. Further, Tellus may ban Users that Chargeback or abuse the Privacy Policy or violate the TOS or any of the third-party agreements. If your User Account and/or Cash account is closed for any reason, all other accounts or features will also be closed and your access to the Service(s) and its features is also terminated. 

You expressly acknowledge the Cash Account is temporary and may be terminated at any time by us. If you do not agree to the TOS, you must stop using the Services, close your User Account and terminate your relationship with us without cost or penalty. Tellus has the right to deactivate and close any Cash Accounts including but not limited to: (i) if any rules or conditions have been violated from our TOS; (ii) account has been inactive for more than eleven (11) months; (iii) The User commits any fraudulent actions and (iv) the Cash Account balance is US $0 or negative.  In case of deactivation or termination, the remaining funds will be returned to your original funding bank account in the Service(s) (“Original Bank Account”) within five (5) business days. It is your responsibility to ensure the Original Bank Account information is up-to-date.

If you made a payment or transfer to another party, you would remain liable for all obligations related to your Cash Account even after the Cash Account is closed. You are permitted to close your Account if you do not have a remaining balance in your Cash Account; any Users with remaining balance on their Account must withdraw all the remaining balance before account closure. Any incomplete transactions or transfers must be completed or canceled, and you must transfer any money from any personal or business profiles of your Cash Account before closing it. If funds in the Cash Account are subject to the Aging Period (which is defined below), you will be required to wait until such funds have fully aged to withdraw the funds and proceed with Cash Account closure. We are not required to close your Cash Account at your request if you have pending transactions, the Cash Account is overdrawn or your Cash Account is subject to legal process (such as a garnishment, attachment, execution, levy or similar order). In those cases, we will restrict your Cash Account against all future withdrawals other than under legal process until pending transactions are paid or returned, the balance is no longer negative, and any legal restriction has been released. After we restrict your Cash Account in preparation for closing, we will not pay any additional interest or Rewards on the Cash Account.

 We may send you notice that we have closed or will close your Cash Account and return the balance less any fees, claims, setoffs or other amounts if the balance is greater than US$1 to your Original Bank Account via electronic fund transfer. If your Original Bank Account is no longer active, Tellus will hold onto your funds and make reasonable efforts to return the funds to you.  You will not earn any Rewards or interest after your Cash Account is closed. If we are not able to return the funds to you, the law may require us to turn the funds over to the state in which your account was opened (called “escheatment”.) If your funds are escheated, you must collect your funds directly from the state in which you reside. 

1.6.C After your Cash Account is closed

We have no obligation to accept transfers or pay any outstanding checks, but we may reopen your Cash Account if we receive a transfer.  You will still be able to retrieve your Cash Account statements, tax documents, and trade confirmations from the Service(s). Re-downloading the Mobile Services will not reactivate your Cash Account. Please keep in mind, regulations require us to preserve certain books and records. In certain cases, you may not close your Account, including: (i) to evade an investigation; (ii) if you have a pending transaction or an open dispute or claim; (iii) if you owe amounts to us; (iv) if your Cash Account is subject to a hold, limitation or reserve. 

1.6.D Right to Data upon Deactivation of Cash Account

Tellus retains the right to use User data after closure or deactivation of User or Cash Account for analysis purposes on an anonymized basis. Read our Privacy Policy for more details.

1.7 User Account Features

1.7.A Feature Termination or Alteration

Tellus reserves the right to terminate, eliminate, modify or rename a feature at any time. You will receive notification about a feature change or update via Mobile Service communication and from time to time, you may also receive notification about feature change or update via electronic mail. 

1.7.B Communication Features

The Services are designed to provide a real estate communication platform between any parties that interact with real estate including landlords (“Landlords”), their tenants (“Renters”), real estate brokers, mortgage brokers, realtors (“Realtors”), property managers (“Property Managers”), service providers (“Service Providers”), and others. Renters may be connected with their Landlords and Property Managers in order to automate the rental fee payment process, to request a reimbursement or approval, and to update, create or sign a lease agreement. Landlords or Property Managers may make recommendations for third party contractors and/or Service Providers that may respond to any maintenance and/or service requests. We are not a real estate agent or broker. Nothing we say should be construed as such advice.

1.8 Account Use

1.8.A Respectful User Behavior

You may not abuse, harass, threaten, impersonate, or intimidate other Tellus users. Tellus reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service(s).

1.8.B Content

You are responsible for the accuracy of everything that is posted or submitted under your User Account. We are not responsible for the accuracy of anything another user posts or submits to our site. Under no circumstances will Tellus be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that Tellus does not pre-screen content, but that Tellus and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Tellus and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Tellus, in its sole discretion, to be otherwise objectionable.

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity. By uploading any User Content you grant and will grant Tellus and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge that Tellus may establish general practices and limits concerning use of the Service(s), including the maximum period of time that data or other content will be retained by the Service(s) and the maximum storage space that will be allotted on Tellus’s servers on your behalf. You agree that Tellus has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service(s). You further acknowledge that Tellus reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

1.8.C Content Posting Restrictions

In order to provide you with the Property Management features, you will need to provide content to Tellus.  You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish or display (collectively referred to as, “upload”) or email or otherwise use via the Service(s). You may not post anything on Tellus that contains or links to viruses, malware, or anything we may deem malicious. 

1.8.D Content Removal

Tellus reserves the right to investigate and take appropriate legal action against anyone who, in Tellus’s sole discretion, violates this provision, including removing the offending content from the Service(s), suspending or terminating the User Account of such violators and reporting you to the law enforcement authorities. The following are examples of the kind of content and/or use that is illegal or prohibited by Tellus: (i) email or otherwise upload any Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Tellus, is objectionable or which restricts or inhibits any other person from using or enjoying the Service(s), or which may expose Tellus or its users to any harm or liability of any type; (ii) interfere with or disrupt the Service or servers or networks connected to the Service(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Service(s); (iii) violate any applicable local, state, national or international law, or any regulations having the force of law; (iv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) solicit personal information from anyone under the age of majority; (vi) harvest or collect email addresses or other contact information of other users from the Service(s) by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (vii) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (viii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (ix) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service(s).

1.8.E No Illegal Use

You may not use the Service(s) for any illegal purpose. You may not, in using the Service(s), violate any laws in your jurisdiction or ours, or infringe the rights of anyone (ours or third parties). If Tellus has reason to suspect your User Account has been or is being used for an unauthorized or illegal purpose, you agree that we may share information about you, your User Account, and any of your transactions or activities with law enforcement. You also agree that we may freeze your Cash Account and/or other sub-accounts and/or features, and any funds associated with it for an unspecified period of time. We may request further authentication and verifying documents before allowing you to continue using the Service(s) if your User Account has been flagged for suspicious activity.

1.8.F Tellus Service Content

You acknowledge and agree that the Service(s) may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Tellus, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service(s) or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service(s). In connection with your use of the Service(s) you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. To provide notice of allegedly infringing material on any Tellus Service, please email support@tellusapp.com.

1.9 Payments

Tellus uses third party payment providers like Plaid and/or Stripe to facilitate and execute online payment transactions. By using payment features of the Service, you agree to be bound by the user terms and privacy policy of these partners including: https://plaid.com/legal/#consumers and Stripe Stripe Connected Account Agreement or the terms and conditions of any other payment providers we may select and that are presented to you. These may be updated from time to time. If any payment you initiate using the Service(s) does not successfully complete, the payee reserves the right to seek payment from you via or outside the Service(s). Any authorization you provide to make repeating automatic payments using the Service(s) will remain in effect until canceled. By providing us with your banking, credit/debit card, or other payment information, you authorize us to use it and disclose it to these or other payment gateway providers for the purpose of processing the payments you authorize on the Service(s). 

Tellus is not responsible for any transactions made in error, made at the wrong time, or sent with an incorrect amount. Tellus is not responsible for any activity from compromised or hacked User Accounts. If you believe a payment related transaction was made in error, if you would like to dispute a charge/payment or if you believe your User Account has been compromised or hacked, you should reach us at support@tellusapp.com immediately. See section I(c) above on your responsibilities to protect your Credentials. 

There is no fee charged to Tenants who pay rent with Tellus from Tenant’s checking account (via the ACH network). Payments by credit/debit card involve a processing fee of 3.40%, which will be added to the amount of the Tenet’s payment. Currently, there is no fee imposed on Landlords for using Tellus: there is no charge to receive rent payments using the Service(s). If Tellus changes our fees, we will provide notice of the change on the Site or in email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the Service(s) after the fee change becomes effective constitutes your agreement to pay the changed amount. You are responsible for all taxes associated with the Services.
To the extent you have received payment for goods or services through the Service(s) (“Payee”) from or on behalf of a Tenet, Landlord or other party (“Payor”), the amount of a transaction may be charged back or reversed to Payee’s payment account (a “Chargeback”) if the transaction (a) is disputed by the Payor, (b) is reversed for any reason, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Service. Payee owes Tellus and will immediately pay Tellus the amount of any Chargeback and any associated fees, fines, or penalties assessed by any processing financial institutions, or MasterCard, Visa, American Express, Discover and other payment card networks, associations, or companies.

Our Service(s) facilitate Tenets paying their rent automatically each month through their User Account by scheduling a monthly payment date and payment amount, and designating a valid U.S. bank account from which payments are made. By using the automatic rental payment feature, you understand and agree that Tellus’s Service Provider(s) may initiate ACH debits and credits to your bank account on file, and/or remotely create a check against your bank account on file. You understand and agree that your bank account on file each month will be charged in the payment amount designated by you, plus any applicable fees, unless and until you deactivate this feature in your User Account page or by contacting us at support@tellusapp.com at least 7 business days prior to the end of the scheduled payment date. Tellus will not be liable, and does not accept liability for, any late fees or penalties charged to you as a result of: (a) your lack of sufficient funds or any actions or inactions of third parties, including any decision by your bank or other payment provider not to pay your rent; (b) your failure to provide Tellus with an accurate, current and complete address for your Landlord; (c) any wrongful fees or penalties charged to you by your Landlord; or (d) any act, event or occurrence beyond Tellus reasonable control. You are subject to the additional terms and conditions of our payment providers. 

You must notify us immediately if you suspect or believe that a transaction has occurred through the Service(s) that you did not authorize or if you believe an incorrect amount was authorized. You may contact us at support@tellusapp.com. If your periodic statement provided by your financial institution shows payments you did not make, tell us right away. If you do not tell us within 60 days after the statement or history was transmitted or made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period. If you initially provide information to us by telephone, we may require that you send your complaint or question in writing within 10 business days. You will be asked and are required to provide us with the following information: your name; the email address registered for this feature; a description (including dollar amount) of the transfer you are unsure about; an explanation of why you believe it is an error or why you need more information; a reference/transaction ID; an explanation why you believe there was an unauthorized transaction or error; and any other information we reasonably request. We will determine whether an error occurred within 15 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. For errors involving new User Accounts, we may take up to 90 days to investigate your complaint or question.

2. Accounts

Tellus requires you to have a Cash Account.  All funds you transfer to or from Tellus flow through this account. Tellus offers sub-accounts and sub-account features, the details of which are discussed below: (a) High Yield; (b) Reserve; (c) Vault; (d) Boost; (e) Stack; and (f) Property (from time to time referred to as “Property Payment”)

2.1 Cash Account 

We provide you with a cash account (“Cash Account” or sometimes “Boost Account”) to help you facilitate rent collection/payment, vendor payments and earning interest and/or Rewards (sometimes known as Boosts).  We use the Cash Account to verify your user identity, verify your ownership of real estate, verify your bank account, verify your possession of your mobile device, verify your contact information including but not limited to your phone number and electronic mail.  We use third parties to validate your identity. Furthermore, we use the Cash Account to detect fraud and identity theft.  We reserve the right to report fraud or identity theft incidents where required by law and/or regulation. When using the Cash Account, if you access additional features or sub-accounts, you might be subject to additional terms applicable to such services that may be posted on the Site and specified in the Related Agreements (defined below).  You earn cash and non-cash rewards or rebates, as the case may be, at our sole discretion, with prior written notice to you, we have the right to pause, stop or terminate such cash and non-cash reward or rebate, at any time. 

As disclaimed throughout our Site and the Mobile Services, including the initial disclosure section of this TOS, Tellus Cash Account is not FDIC insured. Your Cash Account is not a savings account and is used for convenience to address verification obligations imposed on Tellus as required by law or our business practices including but not limited to completion of “know your customer” (“KYC”) and anti-money laundering (“AML”) compliance requirements, verification of your identity and TIN/SSN. We may additionally require and your Cash Account will facilitate the execution of merchant services agreement, property management agreement, investment services agreement, as the case may be, now or in the future, and for any other lawful purpose as you browse Tellus products and services or approved third-party merchant products and services available via our Service(s), subject to limitations imposed by laws or regulations in States where we operate.

Except for certain Tellus approved third-party services that may be offered now or in the future, you are not able to transfer or transmit funds to any third party via this Account. Other than those certain third-party services, you are only able to transfer funds from your Cash Account back to the original bank account you linked to Tellus. If your original bank account has closed, we will require additional verification prior to allowing you to link a new one. 

Subject to the terms and conditions of this Agreement, you may transfer cash to your Cash Account with minimum denominations of US $0.01 (minimum legal tender amount) and the minimum Cash Account threshold balance of US $125 (collectively, “Minimum Thresholds”). These Minimum Thresholds are subject to change at Tellus’ sole discretion at any time without prior notice. At the time you commit to transfer money to the Cash Account, you must have sufficient funds to complete the transaction, and you will not have access to those funds after you make a transfer commitment until the withdrawal decision is available to you. Your commitment to transfer to the Cash Account pursuant to these TOS will be made by you through an acceptance of this Agreement on the Services available through our app which must be downloaded from the Apple Store or Google Play Store. Such acceptance is legally binding upon you. The received funds will not be placed in escrow and will be immediately available to us as follows:

You agree to authorize us, without further notice, to hold your funds in our name, or in another name, and to commingle your funds with other Tellus’ customer funds to pledge, repledge, hypothecate, rehypothecate, lend, or otherwise transfer or use any amount of funds, with all attendant rights of ownership, while those funds are in the Cash Account.  You may, as described herein, specify any amounts you want to move to other products and/or features where those funds may be separately protected or restricted. 

The initial term of any Cash Account shall be no more than five (5) years and shall be temporary. At the close of the Cash Account (“Close Date”), the Outstanding Balance shall be issued and paid by Tellus in full within five (5) business days after the Close Date via an ACH transfer to the linked account. On or prior to the Close Date, and upon election by you on your Cash Account via the Services, you may close the Cash Account or extend the Close Date of the Cash Account for up to two (2) additional years. This Agreement is automatically renewed for another one (1) year unless Tellus chooses to close the Cash Account, or you choose to close the Cash Account subject to the termination provisions herein. The Term of the Cash Account will automatically be extended and renewed to encompass any Term, or the maturity, of any Sub-Account or feature.

2.1.A ACH Transfers  

Each time you initiate and request funds to be transferred to your Cash Account, your Cash Account balance will be increased by the transferred amount. Your Cash Account will be credited and you will begin to earn interest on your cash Account that same day (only for transfers initiated prior to 23:59:59 Pacific Standard Time (“Midnight”). You may add funds to your Cash Account by using ACH or wire transfers. Once you initiate any transfer, Tellus will provide provisional credit of the transferred amount to your Cash Account so you can begin to earn Rewards that same day even though the funds have yet to arrive at Tellus (the funds are in transit or are still provisional). If the funds ultimately do not arrive at Tellus for any reason, then we reserve the right to claw back said Rewards or interest associated with the non-arriving funds and to reverse the provisional credit.  Once the funds arrive and settle with Tellus, the provisional credit and provisional Rewards are final.

We reserve the right to limit withdrawal of funds until sixty (60) days after the transfer in our sole and unlimited discretion (“Aging Period”).  If we wish to exercise this Aging Period we will notify you.  

Tellus retains the right to introduce monetary amount limits on ACH transfers and/or introduce additional fees for unique amount transfers. At Tellus’ sole discretion, Tellus reserves the right to reject any transfer requests without cause and without prior notice. Tellus also reserves the right to reverse any processed transfer requests due to payment processing issues including but not limited to Chargebacks and NSF Transactions. In the event of a Chargeback, transfer request rejection, processed transfer reversal or if the transfer is voided in any way, the requested or transferred amounts plus any credited interest related to such requested or transferred amounts will be reversed from your Cash Account without prior notice.

2.1.B Wire Transfers

Tellus does not charge fees for wire transfers. However, your respective bank may charge a fee associated with wire transfer, please check your respective bank rules regarding wire transfer fees. 

2.1.C Suspicious Transactions 

Tellus reserves the right to cancel any transactions that it deems suspicious at its sole discretion without prior notice. Tellus also reserves the right to close accounts and ban users who are suspected of fraudulent activity. Tellus may report any suspected fraudulent activities to the respective authorities for further investigation.

2.1.D Fees

There is no fee to use Tellus. While there is no fee to use Tellus today, Tellus reserves the right to set fees, including but not limited to Account maintenance fees.

2.2 Reward Calculation and Payments

2.2.A Reward Calculation

Rewards that include a rate of interest, are calculated daily based on a 365-day year using the Applicable Interest Rate (a combination of the Base Rate, Introductory Rate, and/or Active Boosts which are identified in your App). Each daily interest payment calculation will use the prior day’s account balance at Midnight as the Outstanding Balance. Any interest is rounded down to the nearest penny, accounts that earn daily interest below one penny will not be entitled to partial pennies. Rewards are sometimes referred to as Boosts, APY or interest for your ease of understanding.
Tellus reserves the right to alter, modify, eliminate, and/or change the rate offered or provided to you at any time without prior notice as Tellus deems fit.  Notification, if any, will be sent to your App and not any other place. You are responsible for tracking the status of your interest rate at Tellus.

2.2.B Reward Payments

The time of daily Reward payments may vary depending on server load and time zones and will be credited to your account once a day. 

2.3 High Yield Account (Reserved for Future Consideration)

2.4 Reserve Account Feature

A Reserve Account is a Sub-Account feature with a funding cap as stated within the Service(s) at the time of its establishment. Interest accrued and transfers attempted beyond the funding cap to a Reserve Account will be redirected and transferred into the associated Boost Account, and if there is no Boost Account, it will remain in the Cash Account. The Applicable Interest Rate of a Reserve Account is displayed in writing for User and may be updated from time to time with you having the choice of terminating the Reserve Account with the old Applicable Rate and going to a new Reserve Account with an updated Applicable Rate as offered through the Service(s). Boosts cannot be applied to funds in a Reserve Account and the rate of a Reserve Account cannot be boosted.

2.5 Vault Account Feature

A Vault is a Sub-Account feature with a fixed rate determined at the time of its establishment.  Rates vary based on when you elect the Vault account to mature. By establishing and funding a Vault Account you are explicitly agreeing to the maturity date and interest rate you selected. Interest accrued in the Vault Account will not be available for withdrawal until the maturity date of the Vault is reached. A Vault Account may be closed at any time, including prior to the maturity date of the Vault, and the principal may be withdrawn (“Early Withdrawal”). You may forfeit some or all interest earned in the Value Account upon Early Withdrawal. At the time of closure, including when the maturity date is reached, all Vault Account funds are transferred to the associated Cash Account. Boosts cannot be applied to funds in a Vault Account and the rate of a Vault Account cannot be boosted.

2.6 Stack Account Feature

Stack is a Sub-Account feature that helps you organize your money based on categories. The Base Rate of a Stack is the same as the Base Rate of its parent Boost Account. An active Boost applied to a Cash Account also applies to all associated Stack Accounts. The Applicable Interest Rate of a Stack Account is the same as the Applicable Interest Rate of its parent Cash Account.

2.7 Boost Feature

A Boost is a Cash Account feature that gives you cash and non-cash rewards or rebates from Tellus. These rewards are earned through your own action of “claiming” the reward or by taking an action tied to a reward. If you do not wish to receive a Boost you may notify us. Tellus may or may not award Boosts to other users and shall not transfer, assign or delegate Boost to a third party. A Boost has zero economic value outside of the Service(s). Tellus has the sole discretion to change awarded Boosts at any time without notice; however, Tellus cannot take away a Boost claimed by you, nor can Tellus retroactively alter a Boost you already claimed it. Interest accrual on the Boost: For as long the Boost is in effect when Tellus makes the daily interest payment and adjustment, it will credit an additional interest amount to your account as indicated by the Boost award description. (e.g. a 14-day boost +0.5% on your Boost account).

2.8 Property Management Payment Account Feature 

A Property Management Payment Account (also “Property Payment Account” or “Payment Account”) is a Sub-Account feature with no Rewards that is activated if you authorize us to collect, pay and manage rental payments pursuant to the Agent of Transfer Agreement. Transfers between your Cash Account and your Property Payment Account are limited and restricted such that your funds in the Property Payment Account can only be used to facilitate payments pursuant to a contractual obligation related to your real estate property and we are bound by the Agent of Transfer Agreement.  

Unless as otherwise explicitly agreed to by Tellus in writing, you acknowledge and agree that Tellus is not a party to any rental, lease, services or other agreement between a Renter, Landlord, Property Manager, and/or Service Provider, and that Tellus does not own, sell, resell, furnish, provide, rent, re-rent, manage or control any properties that may appear in the Services. Notwithstanding the foregoing, Tellus may serve as the limited authorized agent of the Landlord and/or Service Provider for the purpose of accepting payments from Renter and/or Landlord (as applicable) on behalf of the Landlord and/or Service Provider and is responsible for transmitting payments to the Landlord and/or Service Provider.  When using Tellus to process payments, you will be subject to the Agent of Transfer Agreement as applicable, each Landlord hereby appoints Tellus as the Landlord’s limited agent solely for the purpose of collecting payments as described in the Agency Agreement. If you are a Landlord, you agree that you are familiar with all applicable fair housing and antidiscrimination laws and that you will adhere to them.

3. Miscellaneous Applicable to all Services, Accounts and/or Sub Accounts, Features

3.1 Tellus Trademark and Intellectual Property

The Tellus name and logos are trademarks and service marks of Tellus (collectively the “Tellus Trademarks”). Other company, product, and service names and logos used and displayed via the Service(s) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tellus.  The technology and software underlying the Service or distributed in connection with it are the property of Tellus, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in these Terms of Service are reserved by Tellus.

3.2 Disclaimer of Warranties

Your use of our Service(s) is at your sole risk. Our Service(s) are provided on an “as is” and “as available” basis. Tellus expressly disclaims all warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  Tellus makes no warranty that (a) the Service(s) will meet your requirements, (b) the Service(s) will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service(s) will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (e) that we will continue to provide the Service(s) or any aspect of the Service in the future.

3.3 No Advisory Relationship

You acknowledge and agree that transferring funds transferring funds to the account pursuant to this agreement is an arms-length transaction between you and Tellus. Tellus is not a bank, an investment adviser, broker or dealer. In connection with transferring funds to Tellus, Tellus is not acting as your agent or fiduciary. Tellus assumes no advisory or fiduciary responsibility in your favor in connection with any investment. Tellus has not provided you with any legal, accounting, regulatory, investment or tax advice with respect to the User Account. You have consulted your own legal, accounting, regulatory, investment and/or tax advisors to the extent you have deemed appropriate.

3.4 Limitation of Liabilities

You expressly understand and agree that Tellus will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including damages for loss of goodwill, use, data or other intangible losses (even if Tellus has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service. in no event will Tellus’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Tellus in the last 6 months, or, if greater, $100.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.

3.5 Dispute Resolution by Binding Arbitration

Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Tellus, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Tellus are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and Tellus agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Tellus agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

Pre-Arbitration Dispute Resolution. Tellus is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support support@tellusapp.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Tellus should be sent to 2035 Sunset Lake Rd, Ste. B-2, Newark, DE 19702 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Tellus and you do not resolve the claim within 60 calendar days after the Notice is received, you or Tellus may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Tellus or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Tellus is entitled.

Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

If your claim is for $10,000 or less, Tellus agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. The remainder of the Terms of Service will continue to apply.

Future Changes to Arbitration Agreement. Notwithstanding any provision in this Terms of Service to the contrary, Tellus agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Tellus written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

You agree to release, indemnify and hold Tellus and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

If you violate any of these Terms of Use and we don’t take action right away, that doesn’t mean we are waiving any of our rights. If you want to sue us, you must do so in the state or federal courts located in Santa Clara County, California, and you consent to personal jurisdiction in those courts. California law will apply to any such disputes between you and Tellus. If any part of these Terms of Use are held to be invalid or enforceable, the rest of the Terms of Use will still apply.

3.6 List of Tellus agreements including third-party agreements

For ease of reference, when using applicable features and services, you are agreeing to the:

This Tellus Terms of Service (TOS)
Tellus Privacy Policy
Agent of Transfer 

Stripe Connected Account Agreement
Plaid User Terms and Privacy Policy

3.7 Notices
All notices, requests, demands, required disclosures, and other communications to you from Tellus will be transmitted to you only by email to the email address you have registered on the site or will be posted on the Site, or communicated via App and shall be deemed to have been duly given and effective upon transmission or posting. If your registered email address changes, you must notify Tellus promptly via contacts stated in “Consent to Electronic Transactions and Disclosures” so that you can continue to receive all Disclosures or notices timely. You also agree to promptly update your registered residence/mailing address and your telephone number on the Platform if you change your residence or your telephone number. You should send all notices or other communications required to be given hereunder to Tellus via email at legal@tellusapp.com. If you have any questions, contact us at support@tellusapp.com.

If you need to send us any legal notice (including notice that you believe another user is infringing your intellectual property or other rights), please do so via snail mail to the following address:

Tellus App, Inc.
2035 Sunset Lake Rd, Ste. B-2
Newark, DE 19702
Attention: Tellus Legal Department