These Ontop Future Fund Account Terms and Conditions ("Future Fund Terms" or "Terms") govern the optional services through which eligible users ("Remote Workers" or "You") may temporarily provide funds to Ontop Holdings Inc. ("Ontop", "we", "us") to obtain variable reward credits ("Rewards"). The Future Fund Account comprises two optional sub-products: (i) Future Fund and (ii) Future Fund 30, each described herein. By activating or using any component of the Future Fund Account Service (collectively, the "Service"), you confirm that You have read, understood, and accepted these Terms. These Terms form a binding agreement between you and us and pursuant to Section 6.4 of the Remote Workers T&Cs (“Remote worker T&Cs”), Ontop Global Account Terms and Conditions (“Ontop Global Account T&Cs”), and in addition to and incorporated by reference, including but not limited to, the following existing agreements and policies:
These policies and declarations, as updated from time to time, form an integral part of your agreement with Ontop.
These Terms form part of and supplement the Remote Workers T&Cs, and any capitalized terms not defined herein shall have the meaning ascribed in them and in the Ontop Global Account T&CS.
The Future Fund Account is a voluntary loan arrangement comprising two optional products: the Future Fund Account and Future Fund 30 Pocket. Through either product, Remote Workers may choose to temporarily loan funds to Ontop in exchange of Rewards. By choosing to use the Service, You understand and agree that You are loaning funds to Ontop, entirely at your discretion, and that upon doing so, Ontop may use, pledge, on-lend, or otherwise dispose of loaned funds in its discretion, including entering into agreements with third-party partners. You do not retain any property or custodial interest in funds while they are in the Future Fund Account.
The Future Fund Account is an optional, flexible loan arrangement. Participation is entirely voluntary and subject to opt-in by the Remote Worker.
2.1.1 Funding. You may voluntarily choose to allocate funds from your Payroll Account to your Future Fund Account.
2.1.2 Withdrawals. You may request a Future Fund Account withdrawal to your Payroll Account at any time. Ontop will use commercially reasonable efforts to return the funds within 1 (one) business day. During market stress, operational incidents, or regulatory events, Ontop may extend the withdrawal timeline as reasonably necessary.
2.1.3 Rewards. From time to time, Ontop may grant promotional Rewards on outstanding Future Fund Account balances. Rewards are discretionary, variable, not guaranteed (may be set to zero), and may fluctuate due to market conditions or business factors. They are not interest, yield, investment return, or consideration for the use of money. Ontop may modify the Reward rate at any time with prospective effect. Rewards are credited to your Payroll Account monthly (or at a frequency determined by Ontop). Any example rate shown on the product screen is illustrative only and does not constitute a commitment or guarantee (e.g., a reference rate of up to 3% per annum or "APR").
2.1.4 Minimum and Maximum Funding. You may only fund your Future Fund Account within the limits established by Ontop from time to time. Ontop may set minimum and maximum amounts per transaction or in aggregate, and may modify these limits at its discretion. Ontop may also set program-level caps and may decline additional funding at any time.
Future Fund 30 is an optional, fixed-term loan sub-product within the Future Fund Account. It operates similarly to a Certificate of Deposit or “CDT” structure. Participation is entirely voluntary and subject to a separate opt-in by the Remote Worker, independent from any Future Fund opt-in.
2.2.1 Funding. You may voluntarily choose to allocate funds from your Future Fund Account to your Future Fund 30 balance (the "Future Fund 30 Pocket"). Once allocated, funds are subject to the lock-up period described in Section 2.2.2.
2.2.2 Lock-Up Period and Fund Restrictions. Funds allocated to Future Fund 30 are locked for a fixed period of 30 calendar days from the date of allocation (the "Lock-Up Period"). During the Lock-Up Period: (i) You may NOT withdraw or transfer the funds; (ii) funds are clearly identified in your account as locked and unavailable; and (iii) You will be informed at the time of opt-in of the applicable restriction. By opting in to Future Fund 30, You explicitly acknowledge and accept the lock-up restriction.
2.2.3 Maturity and Return of Funds Upon expiration of the 30-day Lock-Up Period ("Maturity"): (i) the lock on your Future Fund 30 Pocket is automatically released; (ii) your principal plus any Rewards accrued during the Lock-Up Period are automatically transferred back to your Future Fund Account; and (iii) from the Future Fund Account, you may withdraw funds to your Payroll Account at any time pursuant to Section 2.1.2, or re-allocate to a new Future Fund 30 cycle. Ontop will notify you through the platform when your Future Fund 30 cycle has matured.
2.2.4 Rewards. From time to time, Ontop may grant promotional Rewards on outstanding Future Fund 30 Pocket balances during the Lock-Up Period. Rewards are discretionary, variable, not guaranteed, and may fluctuate. They are not interest, yield, investment return, or consideration for the use of money. The rate applicable at the start of a Lock-Up Period will apply for the duration of that cycle. Rewards are credited upon Maturity and transferred to your Future Fund Account together with your principal. Any example rate shown on the product screen is illustrative only and does not constitute a commitment or guarantee (e.g., a reference rate of up to 4% APR).
2.2.5 Minimum and Maximum Funding. You may only fund your Future Fund 30 Pocket within the limits established by Ontop from time to time. Ontop may modify these limits at its discretion. Ontop may also set program-level caps and may decline additional funding at any time.
2.2.6 Early Withdrawal Given the fixed-term nature of Future Fund 30, early withdrawal before expiration of the Lock-Up Period is not permitted under normal circumstances. Ontop reserves the right to make exceptions only in cases of documented regulatory or legal requirements, at Ontop's sole discretion.
Ontop may terminate, suspend, or modify either or both products in its sole discretion. In the event of termination of Future Fund 30, Ontop will return principal and any accrued Rewards to your Future Fund Account as soon as reasonably practicable, even if the Lock-Up Period has not yet expired.
This Service is not an investment product, savings product, brokerage service, advisory service, or securities-related service, and it does not involve the issuance, offer, or sale of securities, financial instruments, or participations of any kind. Ontop does not provide investment or financial advice, brokerage, portfolio management, or fiduciary services, does not evaluate your personal financial situation or risk profile, and does not make recommendations regarding whether You should or should not participate in the Service, and does not solicit or effect securities transactions. You are solely responsible for assessing whether participation in the Service is suitable for your personal circumstances, and You should seek independent advice.
Ontop may allocate Future Fund Account Funds to a third-party borrower, including but not limited to OpenTrade, under a separate agreements. Those arrangements may be secured in favor of third-party trustees. This disclosure does not create any rights for You against the third-party borrower.
You do not have the right to: (i) direct how Ontop uses the funds; (ii) monitor Ontop’s agreements with OpenTrade; and (iii) participate in or influence Ontop’s business decisions.
4.3 No Guarantee of Fixed Rewards.
You acknowledge and agree that Ontop does not guarantee any fixed or minimum Reward rate, nor does it assure that Rewards will remain constant over time. Rewards are variable and may fluctuate based on market conditions, third-party arrangements, and other factors outside of Ontop’s control.
Ontop may receive fees, rebates, or other consideration from third parties in connection with Future Fund Account allocations. Such amounts are retained by Ontop and are not shared with you.
To use the Service, You must:(a) be an active Ontop Remote Worker with an active Payroll Account;
(b) be legally able to enter into a loan agreement;
(c) not be a U.S. Person or located in a jurisdiction where the Service is restricted or prohibited;
(d) and be legally able to make an unsecured loan to Ontop under your local law.
Ontop may refuse or terminate access at its discretion.
Participation in Future Fund 30 requires a separate opt-in in addition to any Future Fund opt-in.
Rewards depend on Ontop’s performance and third-party arrangements. Ontop does not guarantee any minimum payment or expected return. The Future Fund Account is an unsecured loan to Ontop; if Ontop becomes insolvent, you may lose some or all of your Future Fund Account balance.
Withdrawals may experience delays due to market stress, operational, or third-party issues. Ontop may transact with third parties that default or impose gates or waterfalls that delay recovery. Ontop shall not be liable for such delays.
6.3 Lock-Up and Liquidity Risk (Future Fund 30) Funds allocated to Future Fund 30 are not accessible during the 30-day Lock-Up Period. You should only allocate funds you do not anticipate needing during that period. Early withdrawal is not permitted under normal circumstances (see Section 2.2.6). Ontop shall not be liable for any inconvenience or loss arising from the lock-up restriction.
You acknowledge that by loaning funds to Ontop, You assume the risk that Rewards may vary or be discontinued. You acknowledge that the Services carry risk and that returns can go up or down.
Ontop may have the discretion to suspend or terminate the Service at its sole discretion. Changes in laws may also require suspension or modification of the Service. Ontop shall not be liable for such discontinuation, suspension, change, or termination of Services.
Pursuant to Section 3.3 of the Remote Workers T&Cs, the Future Fund Account is designated as Beta Test Services, and IT SHALL NOT BE CONSIDERED “SERVICES” UNDER THESE FUTURE FUND TERMS AND THE REMOTE WORKERS T&CS AND ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY. Features, fees, and service parameters may materially change prior to the general release. Continued access is not guaranteed.
You acknowledge that:
9.1 Suspension or Termination of Access by Ontop. Ontop reserves the right to suspend, terminate, or limit your access to the Service at any time for reasons including, but not limited to, your breach of the Remote Workers T&Cs, suspected fraud or illegal activity, requests by law enforcement or regulators, or any risk management or security concerns. Ontop will provide you notice of any such suspension or termination of service access when reasonably practicable, in accordance with the notification provisions of the Remote Workers T&Cs. Suspension or termination of the Services may also occur if Ontop decides to discontinue the Service from the Ontop Platform.
9.2 Gating, Extensions, or Regulatory Suspensions. Ontop may implement temporary withdrawal gates, pro-rata withdrawals, or processing windows during market stresses, operational incidents, or third-party disruptions. Ontop will act in good faith and resume normal processing as conditions permit. Additionally, Ontop may suspend the Services immediately if required or reasonably advisable to comply with law, regulators, requests, or sanctions obligations.
9.3 Effect of Suspension or Termination by Ontop. If Ontop suspends or terminates your access to the Future Fund Account, this does not affect your Payroll Account or any other Ontop Services you may use. In the event of a suspension or termination of the Future Fund Account, Ontop will return the full amount of your Future Fund Balance, including any Rewards accrued up to the suspension or termination date, directly to your Payroll Account. During suspension or termination, Ontop will prioritize the return of the Future Fund Account balances principal first, followed by any posted Rewards accrued.
10.1 To the maximum extent permitted by applicable law, Ontop disclaims all liability for:
10.2 No Guarantee of Rewards. Ontop does not guarantee the payment, amount, continuity, or stability of any Rewards under the Future Fund Account. Reward rates are variable and may change at any time based on market conditions, Ontop’s business performance, third-party arrangements, or other factors outside of Ontop’s control. You acknowledge that Ontop is not responsible for the yield, performance, or outcome of any activity through which Ontop may use the funds You choose to loan. You fully assume the risk that Rewards may be lower than expected, may fluctuate, or may be discontinued altogether, and that participation in the Service does not assure any specific return or profit.
10.3 Service Interruptions and Technical Issues. Ontop will not be liable for any delays, interruptions, failures, or errors in executing the Services-related to third party transactions or in displaying updated account information that result from any technical issues, system downtime, communication failures, or other incidents beyond Ontop’s reasonable control. This includes unavailability of the Ontop platform or malfunctions in banking networks or payment systems.
10.4 Aggregate Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE OUR PLATFORM AND/OR FUTURE FUND ACCOUNT SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF OUR PLATFORM AND/OR FUTURE FUND ACCOUNT SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR RESULTING LOSS OF DATA.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM OR RELATED TO THESE TERMS, PAYROLL ACCOUNT TERMS, CARD TERMS, AND ANY OTHER TERMS OF SERVICE RELATING TO SERVICES PROVIDED BY ONTOP OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, OR LOSSES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY), SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (US $ 100.00). THIS LIMITATION APPLIES EVEN IF MULTIPLE CLAIMS ARISE. YOU ALSO AGREE THAT OUR SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS.
YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING FROM YOUR USE OF THE FUTURE FUND ACCOUNT SERVICES MUST BE SUBMITTED TO ONTOP WITHIN NINETY (90) DAYS OF THE RELEVANT EVENT. FAILURE TO DO SO WILL RESULT IN A WAIVER OF YOUR RIGHT TO RAISE THAT CLAIM. THIS LIMITATION DOES NOT APPLY WHERE PROHIBITED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11.1 Responsibility for Taxes. You are solely responsible for understanding and fulfilling all tax obligations arising from any Reward. Ontop does not withhold taxes (unless explicitly required by law) and does not report tax information on your behalf to authorities. You should keep your own records of any Rewards for tax reporting purposes. It is your responsibility to report taxable income to the appropriate tax authorities and pay any due taxes in your jurisdiction. Please consult your tax advisor.
11.2 No Tax Advice. Ontop does not provide tax advice or guidance, and nothing in the Ontop platform or these Terms should be considered tax advice. Tax treatment of taxable income can vary based on your personal circumstances and local law.
11.3 Legal Requirement. Where required by law, Ontop may provide informational tax reporting and may withhold taxes. You will provide forms reasonably requested by Ontop to determine withholding or reporting obligation, if applicable, and/or requested by Ontop.
12.1 Applicable Law. These Future Fund Terms shall be governed by and construed in accordance with the same governing law specified in the Remote Workers T&Cs.
12.2 Consistency with Platform Terms. Any dispute arising under or relating to these Future Fund Terms will be resolved according to the dispute resolution mechanisms (such as arbitration or court jurisdiction) set forth in the Remote Workers T&Cs, which are incorporated herein by reference. In case of any inconsistency between the dispute resolution terms in the Remote Workers T&Cs and any provision in these Future Fund Terms, the provisions in the Remote Workers T&Cs shall prevail, as these Future Fund Terms are intended to complement (not replace) the Remote Workers T&Cs.
13.1 Updates and Changes. Ontop may modify or update these Future Fund Terms from time to time to reflect changes in the service, legal requirements, or other relevant factors. When we make material changes, we will revise the effective date at the top of this document (as Last Updated). We will notify you of the upcoming changes through the Ontop platform interface, email, or other reasonable means.
13.2 Notice and Acceptance of Changes. We will provide advance notice of any material changes to the Future Fund Terms whenever feasible. It is your responsibility to review any updated Future Fund Terms that are communicated to you. If you continue to access the Service after the effective date of the updated terms, such continued use will constitute your acceptance of the revised Future Fund Terms.
13.3 No Retroactive Changes. Any changes to these Future Fund Terms will not apply retroactively. Changes will only apply from the effective date forward. However, changes required by law may become effective immediately if necessary or as stipulated by law. Ontop will not materially reduce your rights under these Future Fund Terms without your consent, except as part of updates that you accept by continuing to use the service.
13.4 Change Opt-Out. For any material adverse change, you may withdraw your entire Future Fund Account balance fee-free before the change effective date.
If you have any questions, concerns, or feedback regarding these Future Fund Terms, please contact Ontop at support@getontop.com. We encourage you to reach out with any inquiries about how Service works, the roles of Ontop and other third-party partners, or to report any problems.
