Terms of Service

1. Acceptance of Terms

By accessing or using the WithU Loans website (withuloansapply.com), mobile application, or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy.

These Terms apply to all users of our services, including browsers, applicants, borrowers, and any other individuals who access our platform.

2. Definitions

3. Eligibility Requirements

To use our services and apply for a loan, you must meet all of the following requirements:

3.1 Basic Eligibility Criteria

• Age: You must be at least 18 years old
• Citizenship: You must be a U.S. citizen or permanent resident
• Social Security Number: You must have a valid Social Security Number
• Bank Account: You must have an active checking or savings account in your name
• Income: You must have a regular source of income
• Contact Information: You must provide a valid email address and phone number
• State of Residence: You must reside in a state where we are authorized to offer loans

3.2 Additional Requirements

• You must not be currently in bankruptcy or have filed for bankruptcy in the past 12 months
• You must not be an active duty member of the military or their dependent (per the Military Lending Act)
• You must not have any outstanding defaulted loans with WithU Loans
• You must provide truthful and accurate information in your application

4. Loan Application Process

4.1 Application Submission

When you submit a loan application, you authorize WithU Loans to:

• Verify the information you provided through third-party sources
• Obtain your credit report from one or more credit bureaus
• Contact your employer to verify employment and income
• Contact your bank to verify account information
• Use fraud detection and identity verification services

4.2 Credit Inquiry

By submitting an application, you consent to WithU Loans obtaining your consumer credit report. This inquiry may affect your credit score. Checking your rate before applying results in a soft inquiry that does not affect your credit score.

4.3 Application Decision

We will provide you with a lending decision as quickly as possible, typically within minutes. Our decision is based on multiple factors including:

• Credit history and credit score
• Income and employment stability
• Debt-to-income ratio
• Banking history
• Previous loan performance (if applicable)

4.4 Right to Deny

WithU Loans reserves the right to deny any loan application at our sole discretion. If your application is denied, we will provide you with the reasons for denial as required by law (Adverse Action Notice).

5. Loan Terms and Conditions

5.1 Loan Agreement

If approved, you will receive a loan agreement that specifies:

• The loan amount (principal)
• The Annual Percentage Rate (APR)
• The repayment schedule
• The total amount to be repaid
• All applicable fees
• The payment method

You must review and accept the loan agreement before funds are disbursed. By accepting, you agree to repay the loan according to the terms specified.

5.2 Loan Amounts

WithU Loans offers loans ranging from $300 to $5,000. The amount you qualify for depends on various factors including your creditworthiness, income, and state regulations.

5.3 Interest Rates and APR

The APR for loans ranges from 5.99% to 400% depending on your credit profile, loan amount, repayment term, and state of residence. The representative APR is 18.23%.

5.4 Loan Term

Loan terms range from 61 days to 12 months, depending on the loan product selected and your qualifications.

5.5 Use of Loan Proceeds

You may use loan proceeds for any legal purpose. However, we recommend using loans only for genuine financial needs, not for discretionary spending.

6. Repayment Obligations

6.1 Payment Schedule

Your loan agreement will specify your payment schedule, which may be:

• Monthly payments
• Bi-weekly payments
• Single payment (for short-term loans)

Payments are due on the dates specified in your loan agreement.

6.2 Payment Methods

Payments are collected via ACH (Automated Clearing House) withdrawal from the bank account you provided. By accepting your loan, you authorize WithU Loans to:

• Automatically withdraw scheduled payments from your bank account
• Initiate debit entries to your account
• Re-present any returned payments

6.3 Sufficient Funds

You are responsible for ensuring sufficient funds are available in your account on each payment due date. Insufficient funds may result in:

• Returned payment fees from your bank
• Late payment fees from WithU Loans
• Negative impact on your credit score
• Additional collection efforts

6.4 Early Repayment

You may repay your loan in full at any time without prepayment penalties. Early repayment can save you money on interest charges.

6.5 Partial Payments

Partial payments less than the scheduled payment amount may be accepted but do not satisfy your payment obligation for that period. Late fees may still apply.

6.6 Payment Application

Payments are applied in the following order:

1. Outstanding fees
2. Accrued interest
3. Principal balance

7. Fees and Charges

7.1 Origination and Application Fees

WithU Loans does not charge origination fees or application fees.

7.2 Late Payment Fees

If a payment is not received within 10 days of the due date, a late fee of $15 or 5% of the payment amount (whichever is greater) will be assessed.

7.3 Returned Payment Fees

If a payment is returned due to insufficient funds or for any other reason, a fee of $30 will be charged. We may attempt to re-present the payment, which could result in additional bank fees.

7.4 Prepayment Penalties

There are no prepayment penalties. You may pay off your loan early without additional charges.

7.5 Other Fees

All applicable fees are disclosed in your loan agreement before you accept the loan. We do not charge hidden fees.

8. Default and Collection

8.1 Events of Default

You will be in default if:

• You fail to make a payment within 30 days of the due date
• You provided false information in your application
• You file for bankruptcy
• You close the bank account linked to your loan without notifying us
• You violate any other material term of the loan agreement

8.2 Consequences of Default

If you default on your loan:

• The entire unpaid balance may become immediately due
• We will report the default to credit bureaus, which will negatively affect your credit score
• We may engage collection agencies to collect the debt
• We may pursue legal action, including obtaining a judgment against you
• You may be responsible for collection costs and legal fees
• You will not be eligible for future loans until the default is resolved

8.3 Right to Cure

Before declaring default, we will provide you with notice and an opportunity to cure the default by bringing your account current.

9. Electronic Transactions

9.1 E-SIGN Act Consent

By using our services, you consent to conduct transactions electronically in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). This includes:

• Receiving disclosures and notices electronically
• Signing loan agreements electronically
• Authorizing electronic fund transfers
• Communicating with us via email and electronic messaging

9.2 System Requirements

To access electronic documents, you need:

• A device with internet access
• A current web browser (Chrome, Firefox, Safari, or Edge)
• PDF reader software
• A valid email address

9.3 Withdrawing Consent

You may withdraw your consent to electronic transactions at any time by contacting us. However, withdrawal of consent may prevent us from providing services to you.

10. Privacy and Data Use

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to:

• The collection and use of your personal information as described in the Privacy Policy
• The sharing of your information with service providers and partners
• Credit reporting and information sharing with credit bureaus
• Communications from WithU Loans regarding your loan and our services

11. Intellectual Property

11.1 Our Property

All content on the WithU Loans website, including text, graphics, logos, images, software, and design, is the property of WithU Loans or its licensors and is protected by copyright, trademark, and other intellectual property laws.

11.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not:

• Copy, modify, or distribute our content
• Use our trademarks or logos without permission
• Create derivative works based on our content
• Use automated systems to access our website
• Reverse engineer any aspect of our services

12. Prohibited Uses

You agree not to use our services for any unlawful purpose or in any way that:

• Violates any applicable laws or regulations
• Infringes on the rights of others
• Involves fraud, misrepresentation, or deception
• Transmits viruses, malware, or harmful code
• Attempts to gain unauthorized access to our systems
• Interferes with the proper functioning of our website
• Harasses, abuses, or harms others
• Impersonates any person or entity
• Collects information about other users

Violation of these prohibitions may result in immediate termination of your access and legal action.

13. Disclaimers and Warranties

13.1 "As Is" Basis

Our services are provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding:

• The accuracy or completeness of content on our website
• The uninterrupted or error-free operation of our services
• The security of our systems
• The results you may obtain from using our services

13.2 No Financial Advice

Information on our website is for general informational purposes only and does not constitute financial, legal, or tax advice. You should consult with appropriate professionals before making financial decisions.

13.3 Third-Party Content

We are not responsible for any third-party content, websites, or services linked from our website.

14. Limitation of Liability

To the maximum extent permitted by law:

WithU Loans, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising from:

• Your use or inability to use our services
• Errors or omissions in our content
• Unauthorized access to your data
• Statements or conduct of third parties
• Any other matter relating to our services

Our total liability to you for any claims arising from your use of our services shall not exceed the amount you paid us in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

15. Dispute Resolution and Arbitration

15.1 Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. It affects your rights, including your right to file a lawsuit in court.

Any dispute, claim, or controversy arising from or relating to this Agreement or our services shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

15.2 Arbitration Procedures

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in the county where you reside or at another mutually agreed location.

15.3 Class Action Waiver

YOU AND WITHU LOANS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.4 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in tribal, state, or federal court to protect intellectual property rights or prevent unauthorized use of our services.

15.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to us within 30 days of accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

16. Tribal Sovereign Immunity

WithU Loans is an entity wholly owned by the Otoe-Missouria Tribe of Indians, a federally recognized sovereign Indian nation. As a tribal entity, WithU Loans is entitled to tribal sovereign immunity from suit, except to the extent that the Tribe has expressly and unequivocally waived such immunity.

Nothing in these Terms shall be construed as a waiver of tribal sovereign immunity. Any disputes that cannot be resolved through arbitration shall be brought before the tribal court or regulatory body of the Otoe-Missouria Tribe.

16.1 Applicable Law

These Terms and your loan agreement are governed by:

• Tribal law of the Otoe-Missouria Tribe
• Applicable federal laws
• Consumer Financial Services Regulatory Commission regulations

17. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Provide notice on our website
• Send email notification (if you have an active loan or account)

Changes will be effective immediately upon posting unless otherwise specified. Your continued use of our services after changes are posted constitutes acceptance of the revised Terms.

Note: Changes to these Terms do not affect the terms of existing loan agreements, which remain in effect according to their original terms.

18. Severability and Waiver

18.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18.2 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

18.3 Entire Agreement

These Terms, along with our Privacy Policy and your loan agreement, constitute the entire agreement between you and WithU Loans regarding our services and supersede all prior agreements and understandings.

19. Contact Information

If you have questions about these Terms of Service, please contact us: