4. Your Card

4.1. Virtual Card

Your Card issued to you will be a Virtual Card (defined below) and will be delivered to you electronically. You may request additional Virtual Cards to be issued to you with respect to the same Account.

“Virtual Cards” have a card number and information stored electronically and may be accessed through the Website.. Virtual Card numbers are associated with dynamic or changing security codes which may reduce the risk of theft or card information which may be used to make unauthorized transactions on your Account. Merchants may use the card number and additional information with your Virtual Card to request or initiate a transaction on your Account associated with the Virtual Card information.

4.2. Card Agreement Acceptance and Activation

All Cards will be registered to you and automatically activated upon issuance. Your request for and/or use of your Card means that you agree to the terms and conditions described in this Agreement.

4.3. Enable or Disable a Card

You may enable your Card for use or disable your Card for use by turning your Card “on” or “off” through the Website. To prevent unauthorized transactions, we recommend that you disable your Card unless you intend to use it for preauthorized payments or transfers.

5. Your Responsibilities

5.1. Acknowledgment

You acknowledge the inherent risks and responsibilities associated with conducting business via the internet and that there can be no assurance that inquiries or transaction activity will be completely secure, despite security procedures established by Bank and Program Manager such as firewalls, passwords, and data encryption. You also understand that access to the Website will not be free from delays, malfunctions, or other inconveniences generally associated with this electronic medium, and further agree Bank and Program Manager are not responsible for any such delays, malfunctions, or inconveniences. You acknowledge that you are responsible for maintaining all equipment required for your access to and use of your Account. You authorize Bank and Program Manager or any third party acting on behalf of Bank or Program Manager, to serve as an agent in processing transaction instructions received from you via the internet, and to post such transactions to your Account.

5.2. Your Additional Responsibilities

You are responsible for actions that may be taken by anyone accessing your Account through use of the Website after signing in with your security information (i.e., user ID and password), except as otherwise set forth herein or as part of this Agreement. We are entitled to rely and act upon instructions received using your security information. You are further responsible for keeping your security information confidential and for ensuring that you sign off of the Website when a session is complete to prevent unauthorized persons from accessing your Account.

You understand and agree that you remain solely responsible for the security of your business and that this responsibility is not diminished by any security features, procedures, or practices that we provide or suggest.

5.3. Disclaimer of Warranties

To the fullest extent permitted by law, we do not make any warranties, either express or implied, of any kind related to the Website, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. Furthermore, we do not warrant that the Website will be uninterrupted or error free, that defects will be corrected, or that the Website is free of viruses or other harmful components. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND YOUR ACCOUNT IS AT YOUR SOLE RISK, AND THAT THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS.

5.4. Information Processing and Reporting

Bank will not be responsible for determining the accuracy, timeliness or completeness of any information or instructions that you provide to us for any service related to your Account. If we are unable to provide a processing service for any reason, reasonable steps to resume processing will be taken within a reasonable timeframe.

5.5. Data and Information Supplied by You

You have the sole responsibility of ensuring the accuracy and correctness of the information or data you supply. You acknowledge and agree that we will not examine the information or data for correctness and that we will not have any responsibility for detecting errors in the information or data transmitted by you. The information or data you transmit must be correct and complete. We will not be liable to you for failure to process incorrect or incomplete information or data. You agree that you are solely liable for, and we will not have any liability whatsoever for, any information or data that is not received by us or for any information or data that is intercepted or altered by an unauthorized third party. You agree that we have no obligation to accept any information or data and, therefore, may reject any information or data that you transmit or deliver in connection with this Agreement.

5.6. Limitations of Our Liability and Obligations to You

In the performance of the services required by this Agreement, we are entitled to rely solely on the information, representations and warranties you provide pursuant to this Agreement. Except as otherwise specifically provided by law, we are only responsible for performing the services expressly provided for in this Agreement and are liable only in the event of loss due to our gross negligence or willful misconduct in performing those services.

In no event will we have any liability for any consequential, special, incidental, punitive or indirect loss or damage which you may incur or suffer in connection with this Agreement or claim arising out of the performance or non-performance of this Agreement, whether or not the likelihood of such damages was known or contemplated by us and regardless of the legal or equitable theory of liability you may assert. Bank is not liable for any damages you may incur due to a mistake or delay of Program Manager providing Bank with any notices or information Program Manager receives from you. Without limiting the foregoing, we will not be liable for (1) insufficient Available Credit in your Account to make a transfer, (2) a terminal or system which is not working properly, (3) any merchant who refuses to accept or honor your Card, (4) the failure of merchants to perform or provide services, (5) communication system failures, (6) legal constraint or (7) failures or malfunctions attributable to your equipment, any internet service, or any payment system. Further, we will have no liability and will be excused from failing to act or delay in acting if such failure or delay is caused by or resulting from any circumstances beyond our or their respective control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, or riots. To the extent allowed by law, we will not be liable for and will be excused from failing to process or any delay in processing a transfer of funds (i) if, in our sole discretion, processing a transfer would violate or contribute to the violation of any law, regulation or regulatory requirement; or (ii) if processing a transfer, in our sole discretion, would cause it to engage in an unsafe and unsound practice. Without limiting the generality of the foregoing, in no event will our liability for any loss, cost, or liability arising from our gross negligence or willful misconduct exceed the average monthly charge for your Account-related services in question for the month preceding the date or loss, except as otherwise required by UCC Article 4A. Any claim, action or proceeding by you to enforce the terms of this Agreement or to recover for any Account-related loss must be commenced within one (1) year from the date that the event giving rise to the claim, action or proceeding first occurs. You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with your Account. You acknowledge any fees have been established in contemplation of: (a) these limitations on our liability; (b) your agreement to review statements, confirmations, and notices promptly and to notify Program Manager immediately of any discrepancies or problems; and (c) your agreement to assist us in any loss recovery efforts.

5.7. Indemnity and Release

You agree to release, indemnify and hold us, and our respective officers, directors, shareholders, employees, successors, predecessors, representatives, contractors, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement and Applicable Law; (3) any action or omission by you in violation of this Agreement or Applicable Law; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you. These indemnifications will apply, without limitation, to any losses arising from the dishonor of any debit item.

If you are a California resident, you agree to waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

5.8. Death or Incompetence

You agree to notify us promptly through your representative if you die or are adjudicated (determined by the appropriate official) incompetent (together, “Incapacitation” or “Incapacitated”). We may continue to honor instructions until: (1) we know of your Incapacitation, and (2) we have had a reasonable opportunity to act on that knowledge. You agree that we may continue to process transactions to your Account until we receive notice and any required proof of Incapacitation and may pay transactions initiated on or before the date of Incapacitation for up to ten (10) days after your Incapacitation, unless ordered to stop payment by someone claiming an interest in your Account. If we receive notification or if we have reason to believe that you have become Incapacitated, we may place a hold on your Account and refuse all transactions until we know and have verified the identity of your successor. You agree to hold us harmless for any actions we take based on our belief that you have become Incapacitated, or any notices of death or Incapacitation that we receive. If you owe us a debt at the time of your Incapacitation, we are authorized to exercise our right of set-off against the funds credited to your Account after your Incapacitation.

5.9. Notices

Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided, if any. If no delivery instruction is provided, notice must be given to us via email at support@dash.fi. We must receive your notice in time to have a reasonable opportunity to act on it.

Any written notice we give you is effective when it is deposited in the U.S. mail with proper postage and addressed to your mailing address we have on file or emailed to you at the email address we have on file for you. Notice(s) sent to one person bound under this Agreement will be considered notice to all.

To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your Account.

5.10. Statements

Monthly statements will be provided to you as long as your Account is active (“Statements”). You will not receive paper Statements. You will receive an email notifying you that the Statement is available to you via the Website. You agree to notify Program Manager promptly if you do not receive your Statement by the date you normally would expect to receive it. You agree that the Statements have been delivered or made available to you in a reasonable manner.

You agree to examine your receipts and Statements using reasonable care and to report any errors or problems to Program Manager within a reasonable time. You are also responsible for: (1) reviewing your Statements as they are made available to you for errors, and (2) repaying any amount erroneously credited to your Account.

If you wish to report an error or dispute a transaction shown on a Statement, you must report the dispute or error in writing to us within sixty (60) days of the date of the statement on which the dispute or incorrect debit first appeared. You agree that if you fail to report any unauthorized signatures, alterations or forgeries in your Account within sixty (60) days of when we first send or make the Statement available, you cannot assert a claim against us on any items in that Statement, and as between you and us the loss will be entirely yours. This sixty (60) day limitation is without regard to whether we used ordinary care. In addition to your duty to review your Statements for unauthorized signatures, alterations and forgeries, you agree to examine your Statement with reasonable promptness for any other error such as an encoding error. In addition, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing endorsements or any other problems. You agree that the time you have to examine your Statement and items and report to us will depend on the circumstances. However, this time period will not exceed sixty (60) days. Failure to examine your Statement and items and report any errors to us within sixty (60) days of when we first send or make the Statement available precludes you from asserting a claim against us for any errors on items identified in that Statement and as between you and us the loss will be entirely yours.

You further agree that if you fail to report to us within fourteen (14) days from when the Statement was first mailed or made available to you, we will not be required to pay interest on any refund to which you may be entitled. We will only credit your Account for errors or problems as required by law. Email us immediately with errors or questions about electronic transfers at support@dash.fi. If you tell us orally, we may require your complaint or question in writing within fourteen (14) business days. If you provide us with timely notice of an error or problem in your Statement, we will investigate the matter and notify you of the results within a reasonable amount of time. The exact time will depend on the specific circumstances of the error or problem. You may ask for copies of the documents that we used in our investigation. 

5.11. Payments

5.11.1 When You Must Pay

You must pay for all Transactions and Fees as reflected on the Statement at the end of each billing cycle (“Balance Due”) pursuant to the terms of this Agreement. In addition to paying the Balance Due, you also agree to pay any other charges added to your Account under the terms of this Agreement. Interest will not be charged on your Account.

The Balance Due must be received by us no later than the Payment Due Date shown on your Statement to avoid a late payment fee (“Late Fee”). The “Payment Due Date” will be one (1) day after the Closing Date. The “Closing Date” is the last day of the billing cycle covered by the Statement and will be shown on the Statement.

You cannot make payments over the amount of your Balance Due.

5.11.2 How to Make Payments

You must provide an external bank account (“Linked Account”) through your Account to pay all or a portion of your Balance Due. A payment equal to the Balance Due and other charges will be automatically debited via ACH from your Linked Account on the Payment Due Date. If the automatic debit from your Linked Account fails for any reason, we will attempt to debit your Linked Account again two (2) days later. If this second debit attempt fails, we will suspend your Account until your Balance Due is paid in full.

All payments must be made in U.S. dollars and drawn via electronic ACH on a financial institution located in the U.S.

We will not accept any payments made in cash, check, foreign currency or drawn on an account at a financial institution located outside of the U.S.

If we process a late payment or a partial payment, that will have no effect on our rights and will not change this Agreement.

5.11.3 Early Payment

You may pay all or a portion of your entire balance at any time, without penalty. Should you opt to make an early payment, the amount that will be deducted via electronic ACH on the Payment Due Date will be adjusted accordingly.

5.11.4 Secured Card Program; Collateral Account

If we require you to participate in the dash.fi Secured Card Program, you hereby agree to the terms and conditions of the Collateral Agreement. In the event that Collateral (as defined in Section 4.11 of the Collateral Agreement referenced under this Section 5.11.4) is required to fund your Card’s payment volume and/or secure the obligations to us that you incur, we will provide an account at Bank in connection with your Account (“Collateral Account”) in which the Collateral will be held. If you are required to have a Collateral Account, you must maintain a minimum balance in the Collateral Account of at least two (2) times the largest daily settlement amount in the preceding thirty (30) days (“Reserve Balance”). Program Manager will provide you with the initial Reserve Balance amount prior to your Account being created. While we will maintain separate records for your Collateral Account, we will not send statements for the Collateral Account. Program Manager may request funds periodically in order to maintain the Reserve Balance. Program Manager may take up to forty-five (45) days to return any excess Reserve Balance to you if you decide to not access the funds with your Card. We will not pay interest on the Collateral Account.

5.11.5. Authorization to Debit Linked Account; ACH Authorization

THIS SECTION PROVIDES AUTHORIZATION TO AUTOMATICALLY DEBIT YOUR LINKED ACCOUNT, INCLUDING LINKED ACCOUNTS NO LONGER CONNECTED TO YOUR ACCOUNT, FOR ALL AMOUNTS YOU OWE UNDER THIS AGREEMENT. PLEASE READ IT THOROUGHLY.

You authorize Bank or Program Manager and our respective successors and assigns to collect amounts owed under this agreement by debiting funds from your Linked Account (including Linked Accounts no longer connected to your Account). If we or our respective assigns use the ACH network to debit your Linked Account, the debits will be governed by the rules established by the National Automated Clearinghouse Association (NACHA) for business-related ACH debits. You also authorize us to debit your Linked Account for verification purposes (through microdeposits or similar means). We may initiate debits you have authorized in our name or in the names of our successors or assigns.

You also authorize us to debit your Linked Account immediately for the amount of your Balance Due and any other amounts you owe us before the Payment Due Date or at any other time during the billing cycle and without additional notice if: (a) you do not satisfy one or more of our other underwriting or credit requirements; (b) you or the amounts you owe us pose or may pose an unacceptable risk to us, our service providers, or our or their respective successors or assigns; (c) you are unlikely to be able to pay your Balance Due at the end of the billing cycle because you (i) do, or we believe you may, cease to exist, (ii) take any action to dissolve or wind up your affairs, or (iii) engage in voluntary or involuntary bankruptcy filings, or such case is filed by or against you, or a receiver or trustee for the benefit of creditors is appointed for you; (d) you have breached the terms of this Agreement; (e) you are in default of any other agreement with us or any of our service providers; or (f) you or we close your Account. In the event there is an error in processing an electronic debit, you authorize us to correct the error by initiating an electronic credit or debit to the relevant Linked Account in the amount of such error on or after the date such error occurs.

To withdraw your debit authorization from a Linked Account under this Section 5.11.5, you must provide us thirty (30) days’ notice. If you withdraw the debit authorization from the Linked Account, you must pay all Transactions, Fees, and other amounts not yet reflected on your Account balance immediately, and you authorize us to debit your Linked Account for such amounts before the withdrawal of authorization takes effect. Withdrawal of said debit authorization shall not terminate your obligation to pay all amounts owed under this Agreement.

5.11.6. Late Payment

If you do not pay your full payment due by the Payment Due Date, you will be billed a Late Fee each month until the account is no longer past due.

5.11.7. Payment Guaranty

You and any corporate parent, affiliate, subsidiary or related person or entity (“Owner”), respectively, unconditionally guaranty your good faith, truthfulness and completeness of information, payment, and performance of all of the covenants made under this Agreement, as each may be renewed, amended, extended or otherwise modified. You agree to be personally responsible, both individually and jointly with the Owner, for payment of all balances incurred on all Cards and Accounts issued pursuant to this application now or whenever such additional accounts may be established in the future. As such, the obligations under this Agreement are joint and several among the Owners.

Upon the occurrence of an Event of Default, we may, without notice, seek recovery from any or all of the Owners for all of our losses and damages incurred without first seeking to obtain payment from any one of the Owners. By entering into this Agreement and using your Card, each Owner acknowledges its understanding the terms of this Agreement and that such Owner will be liable individually for all amounts due under this Agreement.

You understand that if you leave the employment of the Owner, you will continue to be responsible for the outstanding balances on the accounts. As such, upon the termination of your employment relationship with Owner, you agree that it shall be your responsibility to notify us immediately to close the accounts and prevent further usage.

5.11.8. How We Apply Payments

We will post payments when received, but we may restrict your ability to make new charges against that payment amount for up to fifteen (15) days.

Payments will be applied in the following order: unpaid Fees and then principal balance. We reserve the right to change the order of payment application.

5.11.9 Recurring Transactions

You may use your Card for subscriptions or other recurring charges. Program Manager may be unable to cancel or amend preauthorized transactions or recurring transactions. If you need to stop a recurring or preauthorized transaction, you agree to contact Program Manager via email sent to support@dash.fi, to request cancellation or amendment at least three (3) business days prior to the scheduled date of the transaction. You are responsible for any charges resulting from subscriptions or recurring charges even where they result from your neglect in canceling the subscription or recurring charge. If you do not request cancellation or amendment at least three (3) business days prior to the scheduled date of the transaction, Program Manager may, in its sole discretion, attempt to cancel or amend the transaction or may refuse to process the cancellation or amendment.

5.12. Notify Us of Changes

You must notify Program Manager immediately if there is a change to your business name, business structure, the nature of your business, any change in your officers or directors, any change to your beneficial owners, your name, telephone number, mailing address, email address, ACH instructions or any other information you have provided us so that we can continue to provide you with statements and important notices concerning your Account. This information may be shared with Bank for these same purposes.

Unless we agree otherwise, change of address or name must be made via email sent to support@dash.fi, and must submit any proof of address and identification requested by us. We will attempt to communicate with you only by use of the most recent email address you have provided to us. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address.

5.13. Track Your Transactions, Credit Limit, and Available Credit

It is important that you keep track of your transactions and the amount of credit in your Account that is available for you to use (“Available Credit”) by reviewing your transaction history. It is also important to understand that the amount of Available Credit may not reflect transactions you have authorized that have not yet been presented to us for payment.

You may not exceed either your Spending Limit or your Credit Limit at any time. If your balance is more than your Credit Limit, you must pay the amount over your Credit Limit immediately and we may suspend your Account until such payment is made.

5.14. Unauthorized Transactions

It is your responsibility to notify Program Manager immediately via email at support@dash.fi upon belief that any security information (such as user IDs, passwords, or other credentials) has been lost, stolen or otherwise made available to an unauthorized person, or that someone has viewed, downloaded, or deleted electronic records from your Account or your Card without your permission, or if you suspect any fraudulent or unauthorized activity on your Account. You agree to comply with all notification requirements described in this Agreement. Your liability for any unauthorized transactions will be determined based on the terms described in this Agreement. We may suspend or cancel your Card and/or corresponding Account in the event of excessive reports of Card loss or theft. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card.

5.15. Claim of Loss

If you claim a credit or refund because of a forgery, alteration, or any other Unauthorized Use, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your Account, your Card, the transaction, and the circumstances surrounding the loss. You agree to notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen Card or access credentials or Unauthorized Use. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You are liable for Account transactions not authorized by you if Bank can prove that the transaction was processed in good faith and in compliance with a commercially reasonable security procedure, unless otherwise required by law. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources. You also agree that you will cooperate with and assist in the prosecution of any individuals who made Unauthorized Use of your Card.

5.16. Protect Your Account Information

It is your responsibility to protect your Account number and your Card information we provide you for your Account. You agree to follow all of the security procedures in this Agreement. Do not discuss, compare, or share information about your Account or your Card with anyone unless you are willing to give them full use of lesser or your Available Credit or Credit Limit. Keep your Account number, Statements, and your Card secure at all times. Make sure to also keep your computer secure at all times and avoid accessing the Website when others can see your screen. Your Account or Card information can be used by thieves to issue an electronic debit or to encode your number on a false demand draft that looks like and functions like an authorized check. You agree that if you furnish your Account, Card information or the Website login credentials to another person (for example, a family member or coworker), that person shall be deemed authorized to conduct transactions on your Account associated with your Card and you shall be liable for the transactions completed by this third party, until we have been notified by you that transactions by that person are no longer authorized.

In addition, except as expressly provided by law or by MasterCard Rules, Bank shall not be liable for any unauthorized Card transactions that arise out of or result from a Card or Card data being obtained from Bank, its agents or employees, EVEN IF SUCH AN EVENT ARISES, IN WHOLE OR IN PART, FROM BANK’S NEGLIGENCE, but excluding such an event if it arises from Bank’s gross negligence or willful misconduct.

Your Account and your Card information can also be used to enable electronic payments from your Account even though you did not contact us directly and order the payment.

If your Account number, Card, or Website login credentials are lost or stolen, notify Program Manager immediately via email at support@dash.fi to limit your liability for unauthorized transactions that may occur.

6. Additional Terms for Your Card

6.1. Deposits

Your Account does not accept deposits. The only funding available for this Account is the lesser of the Spending Limit or the Credit Limit.

Transaction methods:

• Purchases or other transactions using your Card may be conducted at merchants that have agreed to accept your Card.

If your Available Credit of your Account is not sufficient to cover any transaction you have authorized, we can refuse to process the transaction, even if you make a payment later in the business day after we refuse your transaction request. There may be instances where your Account can exceed the Credit Limit. For example, if a merchant settles a Card transaction for an amount greater than your Card authorization, you must make a payment immediately to cover the amount over your Credit Limit. If your Account has exceeded its Credit Limit for thirty (30) days or more, we may close your Account.

6.3. Order of Payment

Your Available Credit is viewable at any time through the Website. Keep in mind that your Available Credit may not reflect every transaction you have initiated or previously authorized that has not been presented to us for payment. For example, your Available Credit may not include (1) transactions you have authorized that we have not received, (2) Card transactions where your Card authorization has been removed before the transaction is settled due to a merchant’s delay in settlement, or (3) the full amount of a Card transaction where the settlement amount is greater than your Card authorization amount. .

If a transaction is presented without sufficient Available Credit in your Account to pay it, we may, at our sole discretion, return the transaction for insufficient Available Credit (“NSF”).

6.4. Purchases

You may make retail card purchases without presenting your Card by providing information from your Card, such as transactions done by internet or telephone. Conducting transactions in this way has the same legal effect as if you used your Card itself. For security reasons, the amount or number of card-not-present transactions you make may be limited.

These are our limits associated with POS withdrawals from your Card:

Withdrawal Method	Limitations on Your Card
Cash Withdrawal (ATM)	Not permitted.
POS transactions and other transactions at merchants using your Card.	The amount of Available Credit up to the lesser of the Spending Limit or Credit Limit.

6.5. Mastercard® Benefits

Your Card may be eligible for certain benefits provided by Mastercard®. Please visit Mastercard’s website for additional information.

6.6. dash.fi Digital Ad Spend Cash Rewards Program

The dash.fi Digital Ad Spend Cash Rewards Program (“Rewards Program”) is provided by dash.fi and is offered in its sole discretion. For information concerning eligibility for and participation in the Rewards Program, please see the Rewards Program’s Terms and Conditions at https://www.dash.fi/legal/rewards.

6.7. Foreign Transactions, Currency Conversion, and Cross-Border Transaction Fees

Your Card may be used to conduct transactions within the U.S. or to conduct international transactions, including, without limitation, transactions conducted on international merchant websites accessible within the U.S. Such transactions are subject to the fees set out in the “Fees” section herein.

6.8. Returns and Refunds

Please be aware of a merchant’s return policies before using your Card to make a purchase with their business. Neither Bank nor Program Manager is responsible for the delivery, quality, safety, legality or any other aspect of the goods or services you purchase using your Card. If you have a problem with a purchase that you made with your Card, or if you have a dispute with the merchant, you must handle it directly with the merchant. If you are entitled to a refund, for any reason, for goods or services obtained using your Card, you agree to accept credits to your Card for the refund and agree to the refund policy of the merchant. The amounts credited to your Card for refunds may not be available for up to five (5) days following the date the refund transaction occurs.

Alternatively, if you dispute a charge with a merchant, we may, within our sole discretion, credit your Account for all or part of the disputed charge. If we do so, you agree to assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount and that you must cooperate with us if we decide to do so.

6.9. Card Authorizations

You will be able to use your Card to pay for goods or services or conduct other transactions with a merchant. When you engage in a transaction with a merchant using your Card, the merchant will request preauthorization (“Card Authorization”) for the transaction. If there is sufficient Available Credit in your Account, we will approve the request and reduce your Available Credit for as long as the Card Authorization remains on your Card. Your Available Credit will generally be reduced by the amount of the Card Authorization.

The Card Authorization will remain on your Card until the merchant sends us the final amount of the transaction and requests payment (“Settlement”). In most cases, if the merchant does not request Settlement, or the merchant is delayed in requesting Settlement, the Card Authorization will automatically be removed after three (3) days. However, certain merchants, such as hotels, may delay in requesting Settlement for a period of up to seven (7) days.

It is important to understand that the merchant controls the timing of Card Authorizations and/or Settlement. A merchant may request Settlement after the Card Authorization has been removed from your Card. This means that if you use the Available Credit in your Account after the Card Authorization has been removed and the merchant later requests Settlement, your Account balance may exceed the Credit Limit. A merchant may also request Settlement for an amount that is different than the Card Authorization. Therefore, it is important that you keep track of your transactions and your Available Credit. Once we have approved a Card Authorization, we cannot prevent the Card Authorization from being applied to your Account.

6.10. Card Replacement

If you need a replacement Card for any reason, you may request one at any time through the Website or by emailing us at support@dash.fi. There is no Fee to receive a replacement Card.

6.11. Account Balances and Written Account Histories

You are responsible for keeping track of the Available Credit in your Account. Merchants generally will not be able to determine your Available Credit. It’s important to know your Available Credit before making any transaction.

You may obtain information about the amount of Available Credit you have remaining in your Account via the Website.

You also have the right to obtain at least twenty-four (24) months of written history of Account transactions by making a request via the Website or emailing us at support@dash.fi. You will not be charged a fee for receipt of this information unless you request it more than once per month.

6.12. Reporting Lost or Stolen Cards, Unauthorized Use, or Exceeding Credit Limit

If your Card is lost or stolen or you suspect Unauthorized Use or fraudulent use of your Account, you agree to notify Program Manager immediately.

If you need to report your Card as lost or stolen, report an Unauthorized Use or fraudulent transaction, or replace your Card for any reason, please contact us at via email at support@dash.fi, Monday – Friday, 9:00am – 5:00pm Central

Do not use your Card or Account after you have notified Program Manager. You will not be responsible for any Unauthorized Use greater than $50.00 U.S. Dollars after you notify Program Manager of the loss, theft or Unauthorized Use. However, if ten (10) or more Cards are issued for use by Authorized Users, you agree to be responsible for any Unauthorized Use up to, and including, the actual amount of each unauthorized transaction.

You will be required to provide personal information so that we may verify your identity before we will issue you a replacement Card.

You are liable for any Account balance that exceeds your Credit Limit, whether caused by you or another person with access to this Account or your Card. This liability is due immediately. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or exceeding your credit limit.

You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Account. This includes, but is not limited to, you or a third party claiming an interest in your Account. This also includes any action that you or a third party takes regarding your Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. You agree that all costs and attorneys’ fees may be deducted from your Account and/or your Linked Account when they are incurred, without notice to you.

Additionally, if your Account balance is over your Credit Limit, we may suspend or close your Account.

6.13. Set-Off

We may (without prior notice and when permitted by law) set off the Available Credit in your Account against any due and payable debt you owe Bank or Program Manager now or in the future. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded and are entitled to under the terms of the promissory note and may include any portion of the balance for which we have properly accelerated the due date.

This right of set-off does not apply to your Account if prohibited by law, including the Military Lending Act or its implementing regulations. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.

6.14. Fraud Liabilities

You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, incurred on behalf of or arising out of your Account with respect to fraud or identity theft. All costs and attorneys’ fees can be deducted from your Account when they are incurred, without notice to you.

6.15. Card Fees and Fee Schedule

You agree to pay all fees and charges applicable to your Card. All fee amounts will be deducted from the Available Credit in your Account and will be assessed regardless of whether you have sufficient Available Credit in your Account, except where prohibited by law. Fees are subject to change at any time. We will provide you advance notice of any changes where required by law.

Fee	Amount	Details
Annual Fee	$695
Card Activation Fee	$0	No fee for activation of your Card will be charged.
Late Fee	Varies	2.99% of all amounts past due on your Account. You will be charged this fee if you fail to pay the Balance Due on or before the Payment Due Date.
Purchases at Merchants Fee	$0	N/A
Returned Payment/NSF Fee	$39
Balance Transfer Fee	N/A	This type of transaction is not permitted on your Account.
ATM Fees	N/A	This type of transaction is not permitted on your Account.
Cash Advance Fee	N/A	This type of transaction is not permitted on your Account.
Cross Border Fee	Varies	1% on total transaction amount
Currency Conversion Fee	Varies	.45% on total transaction amount
Bank Net Fee	Varies	.3% on total transaction amount
Replacement Card Fee	$0	There is no fee to receive a replacement card.

7. Electronic Fund Transfers

EFTs are transactions that are processed by electronic means and include, among others, ACH transfers and debit card transactions. EFTs are not permitted on your Account. Please refer to the dash.fi Terms of Service for additional terms and disclosures applicable to those services.

7.1. Preauthorized Payments and Transfers

Preauthorized payments or transfers are permitted on your Account.

7.2. Our Liability for a Failure to Complete a Transaction

If we fail to complete a transaction on time or in the correct amount when properly instructed by you in accordance with this Agreement, we will be liable for damages proximately caused by the failure or error. However, there are some exceptions. We are not liable, for instance:

• if through no fault of ours, you do not have enough Available Credit to complete the transaction;
• if a merchant refuses to accept your Card;
• if the failure is due to an equipment or system breakdown that you knew about before you began a transaction;
• if access to your Card is blocked after you reported your Card lost or stolen;
• the failure was caused by force majeure, fire or other catastrophe, or any other cause beyond our control despite reasonable precautions we have taken;
• if your Available Credit is not available due to a hold or is subject to legal process;
• if we do not complete a transaction because we have reason to believe the transaction is unauthorized, illegal, will overdraw your Account, violates this Agreement, or presents undue risk to us;
• if your Account is closed or inactive; or
• for any other exception stated in this Agreement or by applicable law.

8. Consent to Receive Electronic Communications

To provide you with the best possible service in our ongoing business relationship for your Account, we may need to contact you about your Account or your Card from time to time by text messaging, push notifications and/or email. However, we must first obtain your consent to contact you about your Account or your Card because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission (FCC).

Your consent is limited to your Account and your Card, and as authorized by applicable laws, rules or regulations, which may include Regulation E, The Electronic Fund Transfer Act, and the United States Code (or similar guidance) (“Applicable Law”). Your consent does not authorize us to contact you for telemarketing purposes (unless you otherwise agreed elsewhere). You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.

With the above understandings, you authorize us to contact you regarding your Account and/or your Card throughout its existence using any telephone numbers or email addresses that you have previously provided to us or that you may subsequently provide to us. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing our services or products. You may withdraw your consent to SMS communications by emailing us at support@dash.fi.

You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. You also agree to receive alerts about your Account activity, balances, payments, suspicious activities, and other matters involving your use of the Website or the services offered by us through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted and may include your name and information pertaining to your Account or use of the Website. We may terminate your use of push notifications at any time without notice and for any, or no, reason. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.

This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voicemail and text messaging, including the use of pre-recorded or artificially generated voice messages and an automated dialing device.

If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify Program Manager. To revoke the consent provided pursuant to this subsection, you must send prior written notice within at least ten (10) days of such revocation via email to support@dash.fi.

8.1. Monitoring and Recording Telephone Calls

We may monitor or record phone calls for security reasons, to maintain a record, and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation. We are not required to act upon instructions you give us by voice mail or on a telephone answering machine.

9. Other Legal Terms and Conditions

9.1. Transfer and Assignment

We may, in our sole discretion, sell, transfer, or assign this Agreement and your Account at any time and without notifying you. You may not sell, assign, or transfer your Account or any of your obligations under this Agreement.

9.2. Legal Processes and Claims Affecting Your Account

If we receive a subpoena, restraining order, writ of attachment or execution, tax levy, garnishment, search warrant, other order relating to your Account or other legal process against you (collectively, “Legal Process”), we will comply with that legal action and in our discretion, we may freeze your Account and not allow any payments out of your Account until a final court determination regarding the legal action is dismissed or satisfied. Any Legal Process will be subject to our right of set-off and security interest. You are responsible for any losses, costs or expenses we incur as a result of any dispute or legal proceeding involving your Account. In these cases, we will not have any liability to you if there is insufficient credit to pay any transaction using your Account because we restricted access to your Available Credit in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys’ fees and our internal expenses) may be charged against your Account.

You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Account. This includes, but is not limited to, you or a third party claiming an interest in your Account. This also includes any action that you or a third party takes regarding your Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Account when they are incurred, without notice to you.

9.3. Resolving Account Disputes

We may place an administrative hold on the Available Credit in your Account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your Account; or (3) a claim arising by operation of law. The hold may be placed for such a period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any transactions that are dishonored or returned as a consequence of placing a hold on the Available Credit in your Account for these reasons.

9.4. Limitation of Liability and Disclaimer of Warranty

EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR, INTERNET, PAYMENT SYSTEM, OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, INSURRECTION, RIOTS, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF BANK. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. YOU AGREE THAT YOUR RECOVERY FOR ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY US SHALL BE LIMITED TO THE CREDIT LIMIT OF YOUR ACCOUNT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT.

IN ADDITION, EXCEPT AS REQUIRED BY LAW, BANK IS NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES PROVIDED TO YOU BY THE PLATFORM MANAGER. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD PARTY COMMUNICATION CHANNELS NOT OFFERED BY US.

ALL BANK SERVICES AND ACCOUNT FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT BANK’S SERVICES OR ACCOUNT FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

FROM TIME-TO-TIME ACCOUNT SERVICES MAY BE INOPERATIVE, AND WHEN THIS HAPPENS, YOU MAY BE UNABLE TO USE YOUR CARD OR OBTAIN INFORMATION ABOUT YOUR ACCOUNT, INCLUDING THE AVAILABLE CREDIT ASSOCIATED WITH YOUR ACCOUNT. PLEASE NOTIFY PROGRAM MANAGER VIA EMAIL AT SUPPORT@DASH.FI IF YOU HAVE ANY PROBLEMS ACCESSING ACCOUNT SERVICES OR USING YOUR CARD. YOU AGREE THAT THE ISSUER, MASTERCARD®, AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OR AGENTS ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE.

9.5. Retailer or Merchant Authority

Retailers and merchants have no authority to make representations or warranties on our behalf.

9.6. Our Right of Set-Off and Security Interest

If an Account balance exceeds the Credit Limit for fifteen (15) days, you understand that the funds in your Linked Account can be used to cure the amount in excess of the Credit Limit. This means that there is a right to set-off any liability, direct or contingent, past, present or future that you owe against any account.

In general, we have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. This means that we can take any funds in any account you have with us to pay any debt or liability you owe us. You also agree to grant us a security interest in your Account to secure payment of any money that you owe to us or will owe us arising under this Agreement or any other agreements with us. You acknowledge that this security interest is consensual and in addition to any right of set-off. We may exercise our security interest or right of set-off without regard to the source of the funds in any account you have with us or prior recourse to other sources of repayment or collateral, even if it causes you to incur penalties or suffer any other consequence. You waive any conditions or limits to our right of set-off to the maximum extent permitted by law. We will notify you if we exercise our right to set-off if required by law.

If we take any action to collect debt incurred by you or other amounts you owe us under this Agreement or defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by applicable law. We may charge your Account for our losses without prior notice to you.

9.7. No Waiver of Rights

We may waive or decline to enforce any of our rights under this Agreement without obligating ourselves to waive such rights in the future or on any other occasion. We may release any other person obligated under this Agreement without affecting your responsibilities under this Agreement.

9.8. Trademarks, Service marks, and Intellectual Property

All trademarks, service marks, trade names, and logos (“Marks”) used in connection with your Card are registered and unregistered marks belonging to their respective owners. Nothing on Website is to be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks, without the written permission of the Bank or the owner of the respective Marks.

Other information or materials, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to us by you or on your behalf, including but not limited to any related intellectual property, will not be considered confidential or proprietary and will become the exclusive property of the party to whom you provide the information without compensation. You hereby agree to take whatever further actions may be necessary to assign your rights to the same to such party. Without limiting the foregoing, if any such information or materials are provided to Bank or to other persons in connection with this Agreement, you agree that such person will have an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials for any purpose whatsoever, and you further agree that Program Manager, Bank, or third parties providing the services described herein are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to them.

9.9. Conflicts and Section Headings

If there is a conflict between this Agreement and any other document or statement made to you concerning your Account or your Card, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than your Card, the separate terms and conditions applicable to that service or product will govern.

Section headings that appear in this Agreement are for convenience purposes only and are intended to help you find information. Section headings should not be construed as affecting the meaning of the Agreement.

9.10. Severability

This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter. If any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. To the extent permitted by law, the parties waive any provision of law which prohibits or renders unenforceable any provisions of this Agreement, and to the extent that such waiver is not permitted by law, you and we agree that such provision will be interpreted as modified to the minimum extent necessary to render the provisions enforceable.

9.11. Governing Law, Forum and Time Limits

All actions relating to your Card and this Agreement will be governed by the laws and regulations of the United States and the State of Texas where your Account will be opened, irrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in Bexar County, Texas and that you will be subject to such court’s jurisdiction.

Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or Texas law, or another agreement you have with us, provides for a shorter time. If federal or Texas law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.

9.12. Website Use

You agree to act responsibly with regard to our Website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Website’s systems and integrity.

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.

10. Arbitration and Waivers

This Arbitration Clause (“Arbitration Clause”) significantly affects your rights in any dispute with us. Please read this Arbitration Clause carefully before you sign this Agreement. This Arbitration Clause is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

In this Arbitration Clause, “dispute” means any disagreement in contract, tort, statutory or other claim or dispute between you and us arising out of or relating to your credit application, Agreement or any resulting transaction or relationship. “Dispute” includes any claim or dispute over the interpretation and scope of this Arbitration Clause.

10.1. Arbitration Procedures

Arbitration will be administered by JAMS according to the rules and procedures in effect at the time the arbitration is commenced. Disputes with amounts claimed greater than $250,000 will apply the JAMS Comprehensive Arbitration Rules and Procedures, and Disputes with amounts claimed less than or equal to $250,000 will apply the JAMS Streamlined Arbitration Rules. The arbitrator will apply the substantive law as described in Section 9.10. If JAMS cannot administer the Dispute, either party may petition the U.S. District Court for the Western District of Texas to appoint an arbitrator. The parties acknowledge that transactions under this Agreement may involve matters of interstate commerce and, notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to the terms of this Platform Agreement.

Either party may commence arbitration by providing a written demand for arbitration to JAMS and the other party detailing the subject of the Dispute and the relief requested. Each party will continue to perform its obligations under this Platform Agreement unless that obligation or the amount (to the extent in Dispute) is itself the subject of the Dispute. Nothing in this Agreement affects the right of a party to seek urgent injunctive or declaratory relief from a court of appropriate jurisdiction in respect of a Dispute or any matter arising under this Agreement.

You retain the right to sue on an individual basis in small claims court for a Dispute within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you, Bank, nor Program Manager waives the right to arbitrate by filing suit. Neither Bank nor Program Manager waive its right to arbitrate by seeking non-judicial recovery of any collateral securing this Agreement.

10.2. Arbitrator’s Powers and Arbitration Fees

Arbitrators will be attorneys or retired judges and must be selected pursuant to the applicable rules of the chosen arbitration organization. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing must be conducted in the federal district in which you reside or at some other location convenient to you.

Bank or Program Manager will pay your filing, administration, service or case management fee and any arbitrator or hearing fee up to $500, unless applicable law or the rules of the chosen arbitration organization require Bank or Program Manager to pay more. Each party will be responsible for its own attorney, expert and other fees, unless otherwise awarded by the arbitrator under applicable law.

10.3. Informal Dispute Resolution

If a Dispute arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost-effective means of resolving the Dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Dispute to us by emailing us at support@dash.fi. When you send us your Dispute by email, please begin the subject line of your email with the word “Dispute.” This mechanism provides us with the opportunity to resolve your concern prior to initiating arbitration.

10.4. Awards and Appeals

The arbitrator’s award is final and binding on all parties, subject to any right of appeal available under the Federal Arbitration Act. Any court within jurisdiction may enter judgment on the arbitrator’s award.

10.5. Class Actions

EITHER YOU, BANK OR PROGRAM MANAGER MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN THE PARTIES DECIDED BY ARBITRATION AND NOT IN COURT. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST BANK OR PROGRAM MANAGER. ANY DISPUTE IS TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO ARBITRATE A CLASS ACTION. THIS IS CALLED THE “CLASS ACTION WAIVER.”

10.6. Survival and Severability of Arbitration Provision

If any part of this Arbitration Clause, other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder is enforceable. If the Class Action Waiver is deemed or found to be unenforceable, then this entire Arbitration Clause will be unenforceable.

10.7. Judicial Forum for Claims

Except as otherwise required by applicable law, if this Arbitration Provision is found not to apply to you or your Claim, you, Program Manager and Bank agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Texas. You, Program Manager, and Bank consent to venue and personal jurisdiction there. All parties agree to waive our right to a jury trial.

10.8. WAIVER OF RIGHT TO LITIGATE

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY BUT ARE HEREBY KNOWINGLY AND VOLUNTARILY WAIVING THAT RIGHT BY AGREEING TO THIS AGREEMENT AND ARBITRATION PROVISION.

10.9. REJECTION OF ARBITRATION

You may opt out of this Arbitration Clause by doing so in writing to the following address and sent by registered mail, postmarked no later than thirty (30) days from the date you sign this Agreement: 2261 Market Street, Suite 5135, San Francisco, CA 94114. You may also do so by notifying us via email at support@dash.fi no later than ten (10) days from the date you sign this Agreement.

11. Contacting Us

You may contact us with any questions or concerns regarding your Account or Card by email at support@dash.fi.

This Card is issued by TransPecos Banks, Member FDIC, pursuant to license by Mastercard. Mastercard® is a registered trademark of Mastercard Incorporated.