Cinch Services Terms
1. Introduction and Definitions
These Cinch Services Terms ("Cinch Terms") govern your participation in home services offered through Made Card in partnership with Cinch Home Services, Inc. and Cinch Consumer Electronics, Inc. (collectively, "Cinch"). By opting in to receive Cinch Services, you agree these Cinch Terms are subject to Made Card’s Cardholder Agreement and Terms of Use, Cinch Home Service’s Terms of Use and Privacy Policy, and you agree to comply with all applicable laws and regulations (collectively, the "Requirements").
Definitions:
"Account" means your Made Card credit card account issued by Lead Bank, pursuant to the Cardholder Agreement.
"Cardholder," "you," and "your" mean the individual to whom a Made Card Account is issued.
"Cinch" means Cinch Home Services, Inc. and Cinch Consumer Electronics, Inc., the third-party providers of the Cinch Services.
"Cinch Services" means the home service plans, home warranty plans, home protection plans, service line repair plans, home maintenance plans, home monitoring plans, consumer electronics protection plans, and home assistance membership programs offered by Cinch and made available to eligible Cardholders through Made Card.
"Embedded Services" means Cinch Services that are automatically included as a benefit of your Made Card Account, subject to your opt-in consent.
"Good Standing" means your Card Account is open, in full compliance with the Requirements, not delinquent, and not otherwise restricted.
"Made Card," "we," "us," or "our" means mCard Technologies, Inc.
"Optional Services" means additional Cinch Services that you may elect to purchase or enroll in beyond the Embedded Services.
"Plan" means any specific Cinch Service plan in which you are enrolled.
"Service Provider" means Cinch and its network of independent service technicians who perform services under the Plans.
2. Description of Cinch Services
Made Card has partnered with Cinch to offer eligible Cardholders access to home-related services and protection plans. Cinch Services may include, but are not limited to:
Preventative Maintenance Plans – Scheduled maintenance reminders, tips, and resources for home systems and appliances
HVAC Protection Plans – Coverage for heating, ventilation, and air conditioning system repairs
Appliance Protection Plans – Coverage for major household appliances
Plumbing Protection Plans – Coverage for plumbing systems and water heaters
Service Line Protection Plans – Coverage for exterior gas, water, and sewer lines
Consumer Electronics Protection Plans – Coverage for eligible home electronics
Complete Home Plans – Comprehensive coverage combining multiple protection categories
The specific Plans available to you, including coverage details, deductibles, terms, and conditions, are determined solely by Cinch. Made Card does not control and makes no representations regarding the scope, quality, or availability of any Cinch Services.
Geographic Availability: Cinch Services are not available in all states. Certain Plans may be excluded in Alaska, Hawaii, California, and other states as determined by Cinch based on regulatory requirements. You will be notified of Plan availability based on your state of residence.
3. Eligibility and Opt-In Requirements
a. Eligibility
To be eligible for Cinch Services, you must:
Have an Account that is open, active, and in Good Standing
Be at least 18 years of age
Reside in the United States in a state where the applicable Cinch Services are available
Own or rent a residential property (as applicable to the specific Plan)
Provide accurate and complete information as required for enrollment
Participation in Cinch Services is limited to personal, family, or household purposes by natural persons only; business entities and business properties are not eligible.
b. Opt-In Consent
Your participation in Cinch Services requires your express opt-in consent. By affirmatively opting in to Cinch Services through our Website, mobile application, or other designated enrollment method, you:
Acknowledge that you have read and agree to these Cinch Terms
Consent to the sharing of your personal information and Account data with Cinch as described in Section 4
Authorize Made Card to enroll you in the applicable Cinch Services
Agree to Cinch's terms and conditions governing the specific Plans in which you enroll
Consent to receive communications from Made Card and Cinch regarding your Cinch Services, including service-related notices, enrollment confirmations, and Plan information
You may withdraw your consent and opt out of Cinch Services at any time by contacting us at privacy@madecard.com or through your Account settings. Opting out will terminate your enrollment in Cinch Services prospectively; it will not affect services already rendered or fees already incurred.
c. Enrollment Process
For Embedded Services included with your Account:
You will be presented with the opportunity to opt in during the Account application process or thereafter
If you opt in, enrollment will be effective upon Account approval or as otherwise specified
You may opt out at any time without affecting your Account status
For Optional Services:
You may elect to enroll in additional Plans through our Website, mobile application, or by contacting customer service
Enrollment is subject to Cinch's approval and underwriting criteria
Plan Fees (as determined by Cinch) will be billed to your Account or collected directly by Cinch, as applicable
4. Data Sharing and Privacy
a. Information We Share with Cinch
To facilitate your enrollment in and receipt of Cinch Services, we share certain information with Cinch, including:
Personal Information: Name, mailing address, email address, telephone number
Account Information: Account status, enrollment date, eligibility status
Property Information: Address of the property covered under the Plan (as provided by you)
Transaction Data: As necessary to validate enrollment and process Plan-related transactions
This data sharing is necessary to enable Cinch to validate your enrollment, provide services under your Plan(s), fulfill its obligations, and communicate with you regarding your Cinch Services.
b. Information Cinch Shares with Us
Cinch may share information with us regarding your Cinch Services, including:
Enrollment status and Plan details
Service requests and claims activity (in aggregated or anonymized form)
Cancellation or termination of Plans
Other information necessary to administer the partnership and your benefits
c. Privacy Policy
Our collection, use, and sharing of your personal information is governed by our Privacy Policy. By opting in to Cinch Services, you consent to the data sharing described in this Section 4 and acknowledge that such sharing is necessary to provide you with the Cinch Services.
Cinch's collection, use, and protection of your personal information is governed by Cinch's privacy policy, which will be provided to you upon enrollment. Made Card is not responsible for Cinch's privacy practices.
d. GLBA Disclosure
As a financial technology company, we are subject to the Gramm-Leach-Bliley Act (GLBA). The information shared with Cinch as described herein is shared pursuant to your express consent and for the purpose of providing you with the Cinch Services you have requested. You may limit this sharing by opting out of Cinch Services as described in Section 3(b).
5. Third-Party Service Disclaimer
a. Cinch Is the Service Provider
YOU ACKNOWLEDGE AND AGREE THAT CINCH SERVICES ARE PROVIDED SOLELY BY CINCH, NOT BY MADE CARD. Made Card is not a provider of home warranty, home protection, maintenance, repair, or any other services offered under the Cinch Services.
Made Card's role is limited to:
Facilitating your access to Cinch Services as a benefit of your Account
Sharing information with Cinch as necessary to enable your enrollment
Providing a platform through which you may learn about and opt in to Cinch Services
b. No Warranty or Endorsement
Made Card makes no representations or warranties regarding:
The quality, reliability, or availability of Cinch Services
The qualifications, performance, or conduct of Cinch or its Service Providers
The scope, terms, or conditions of any Plan
The timeliness or adequacy of any service, repair, or claim resolution
Cinch's financial condition or ability to fulfill its obligations
Any descriptions of Cinch Services provided by Made Card are for informational purposes only and do not constitute a warranty, guarantee, or endorsement.
c. Direct Relationship with Cinch
Your enrollment in Cinch Services creates a direct contractual relationship between you and Cinch. All matters relating to your Plan(s), including but not limited to coverage questions, service requests, claims, disputes, cancellations, and refunds, must be directed to Cinch. Made Card has no obligation to resolve disputes between you and Cinch or to provide any services under your Plan(s).
6. mCard's Right to Modify or Terminate
a. Modification of Cinch Services
Made Card reserves the right to modify, suspend, or discontinue the availability of Cinch Services, or any part thereof, at any time, for any reason, with or without notice. Modifications may include, but are not limited to:
Adding, removing, or changing available Plans
Modifying eligibility requirements
Changing the terms of Embedded Services
Altering the enrollment or opt-in process
Discontinuing the partnership with Cinch
If we make a material adverse change to Cinch Services that affects your existing enrollment, we will provide advance notice where required by law. Your continued participation in Cinch Services after notice constitutes acceptance of the changes.
b. Termination by Made Card
Made Card may terminate your access to Cinch Services, or any portion thereof, at any time, for any reason, including but not limited to:
Your Account is no longer in Good Standing
Your Account is closed for any reason
You violate these Cinch Terms or any other Requirements
We discontinue the Cinch Services program
Required by Cinch, our partner bank, or regulatory authorities
We determine, in our sole discretion, that termination is appropriate
Upon termination by Made Card, your enrollment in Embedded Services will end. Your enrollment in Optional Services may continue subject to Cinch's terms, or may be terminated by Cinch in accordance with its policies.
c. Effect of Termination
Termination of your access to Cinch Services through Made Card does not automatically terminate any direct contractual relationship you may have with Cinch for Optional Services. You should contact Cinch directly regarding the status of any Plans for which you pay Cinch directly.
Made Card shall have no liability to you for any termination or modification of Cinch Services.
7. Limitation of Liability
a. No Liability for Cinch Services
TO THE FULLEST EXTENT PERMITTED BY LAW, MADE CARD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS (THE "RELEASED PARTIES") SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING OUT OF OR RELATED TO:
The performance, non-performance, or quality of any Cinch Services
Any acts, omissions, negligence, or misconduct of Cinch or its Service Providers
Any disputes between you and Cinch
Any denial, delay, or limitation of coverage or claims under any Plan
Any property damage, personal injury, or other harm arising from services performed (or not performed) under any Plan
Cinch's failure to fulfill its obligations under any Plan
Any termination, modification, or discontinuation of Cinch Services
b. Disclaimer of Warranties
THE CINCH SERVICES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE." MADE CARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE CINCH SERVICES.
c. Limitation of Damages
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE CINCH SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d. Maximum Liability
TO THE EXTENT ANY LIABILITY IS FOUND NOTWITHSTANDING THE FOREGOING, THE RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE CINCH SERVICES SHALL NOT EXCEED THE LESSER OF (I) ANY FEES PAID BY MADE CARD TO CINCH ON YOUR BEHALF FOR EMBEDDED SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100.00).
e. Exceptions
The foregoing limitations do not affect any liability that cannot be excluded or limited under applicable law.
8. Indemnification
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your use of or participation in Cinch Services
Your breach of these Cinch Terms or any Requirements
Your violation of any applicable law or regulation
Any dispute between you and Cinch
Any information you provide in connection with your enrollment in Cinch Services
9. Governing Law and Dispute Resolution
a. Governing Law
These Cinch Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision.
b. Arbitration
Any dispute, claim, or controversy arising out of or relating to these Cinch Terms or the Cinch Services shall be subject to the Arbitration provision set forth in the Terms of Use, which is incorporated herein by reference.
By opting in to Cinch Services, you acknowledge that you have read and agree to the Arbitration provision, including the waiver of the right to a jury trial and the waiver of the right to participate in a class action.
c. Disputes with Cinch
Disputes regarding the Cinch Services themselves, including coverage, claims, service quality, or Cinch's performance, are between you and Cinch and are subject to Cinch's dispute resolution procedures. Made Card is not a party to such disputes and has no obligation to participate in or resolve them.
10. General Provisions
a. Entire Agreement
These Cinch Terms, together with the Terms of Use, Privacy Policy, Rewards Agreement, Cardholder Agreement, and any other documents incorporated by reference, constitute the entire agreement between you and Made Card with respect to the Cinch Services.
b. Severability
If any provision of these Cinch Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
c. No Waiver
No failure or delay by Made Card in exercising any right under these Cinch Terms shall constitute a waiver of that right.
d. Assignment
Made Card may assign these Cinch Terms or any rights hereunder without your consent. You may not assign these Cinch Terms or any rights hereunder without our prior written consent.
e. Notices
We may provide notices to you regarding Cinch Services by email to the address associated with your Account, through our Website or mobile application, or by other reasonable means. You are responsible for maintaining a current email address with us.