IMPORTANT: PLEASE READ CAREFULLY 

IMPORTANT INFORMATION ABOUT YOUR CARD ACCOUNT

We Don’t Charge Any Fees: We will not charge you any fees for using your Card or Card Account.  Please see the Fee Schedule and Section III for more information about third-party fees.

Transaction Limitations: Your Card has a dynamic limit on the amount and frequency of transactions using your Card or Card Account, which may change from time to time. These limits are designed to be flexible as to protect the security and integrity of the service and accounts. These limitations may be based on confidential fraud and risk criteria essential to our management of risk and the protection of you and the integrity of the service or system and may be modified at our sole discretion without advance notice. Without limiting the foregoing, your Card has a maximum $2,500 daily and maximum $15,000 monthly spending limit. Additionally, we may decline any Card transaction that would cause the available balance in your Card Account to be negative by more than $1,500.  Your limit may be lower and may change from time to time, based on the balance in your Linked External Account or as determined by us in our sole discretion. Please see your Affirm App to see your current daily spending limit. You may not use your Card to withdraw cash. Your Card may be locked if an ACH from your Linked External Account fails. Please see Section V for more information. 

No Interest: The Card Account is not an interest bearing account. 

No Minimum Balance: There is no minimum balance required in your Card Account. 

I. Terms and Conditions for the Affirm Debit Card Visa 

This Cardholder Agreement (“Agreement”) outlines the terms and conditions under which the Affirm Debit Card Visa (the  “Card”) has been issued to you by Evolve Bank & Trust, Member FDIC (the “Bank”). The Bank has retained a service provider to provide certain services  on the Bank’s behalf. The service provider for the Affirm Debit Card Visa is Affirm, Inc. (“Service Provider”).  “Card Account'' means the account or your beneficial interest in the account accessed by the Card, and the records we maintain to account for the value of transactions associated with the Card. "You" and "your '' means the person or persons who have received the Card and who are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our'' means the Bank, our successors,  affiliates, assignees and our third-party service providers. The Card will remain the property of the Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law. The Card is not currently available to residents of New Mexico and the U.S. Territories. Please read this  Agreement carefully and keep it for future reference. 

This Agreement is provided to you in electronic format pursuant to the E-Signature and Electronic Disclosure Agreement that you accepted and  agreed to when you opened your Card Account. By accepting, activating, or using this Card, you agree to be bound by the terms and conditions contained in  this Agreement. 

Please keep for future reference the customer service telephone number, (855) 423-3729, in case the Card is lost, stolen or destroyed.  

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their  third parties to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: when you apply for a  Card, we will ask for your name, address, date of birth, social security number or country identification number, and other information that will allow us  to identify you. We also may ask to see your driver's license or other documentation bearing your photo as verification of your identity. By participating  in the Card program, or applying for a Card, you certify that all information you have provided to us, including, but not limited to, your real name, valid  U.S. mailing address and residential address (if different), social security number or identification documentation, date of birth, telephone number and  other information provided at our request, is true, accurate and complete. If you falsify, misrepresent, or fail to provide requested information, we may  cancel your Card and Card Account. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal  investigation, freezes, and forfeiture. We reserve the right to restrict or delay your access to any such funds, subject to applicable law. We may share any of the information  collected and any results of any investigation with the Service Provider, which may be used pursuant to its Privacy Policy. 

THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS  ACTION PROVISION. SEE SECTION XX BELOW. 

How it Works.  The Card allows you to make every day purchases of goods and services, and gives you the flexibility to fund your Card Account by accessing your personal checking account, or by obtaining a loan under a separate agreement with a Lender. The Card accesses funds in your Card Account to pay for transactions you make with the Card.  You may deposit funds in your Card Account only when you use the Card to make a purchase, either by authorizing us to transfer funds from your personal deposit account (“Linked External Account”) to your Card Account or by obtaining a loan (“Loan”) from Affirm, Inc. or its affiliate or partner financial institution (each, a “Lender”) through the Affirm Debit+ mobile application (“App” or “Debit+ App”). Here is how it works:  

1.  Transferring Funds from Linked External Account. By using your Card to make a transaction at the point of sale, you authorize us to initiate one or more ACH debits from  your Linked External Account for up to the amount of the Card transaction you authorize, and transfer those funds to your Card Account. Please note that there are circumstances when the amount you authorize for a Card transaction changes to final settlement resulting in multiple ACH debits (e.g., when a restaurant adds the tip amount to the cost of your meal). See Section VI.  If you obtain a Loan to finance the transaction, you authorize us to debit your Linked External Account for the difference between the amount of the Card transaction and the Loan proceeds deposited in your Card Account.  We may batch all of the transactions you authorize each Business Day (plus weekends, as applicable) and by using your Card, you authorize us to initiate one or more ACH debits for the total amount of all transactions you made during the same Business Day and since the prior Business Day. You must have a Linked External Account associated with your Card at all times or you will be unable to use your Card.  You understand that when you make purchases with your Card, you represent and warrant that you have sufficient funds in your Linked External Account to cover the amount of each ACH, regardless of what is reflected as the available limit in the App.  If an ACH fails for any reason, you understand and agree that we may re-initiate the transaction up to two additional times, and we may freeze your Card until you successfully transfer such amounts from your Linked External Account to your Card Account.

2. Obtaining Affirm Loan. Within 24 hours of your Card transaction, you can use the App to apply for and obtain a Loan from Lender to fund your Card transaction.  You will be required to apply for and be approved for a Loan by the Lender, and enter into a separate loan agreement with the Lender in order to obtain each Loan (the “Loan Agreement”). Obtaining or using your Card does not guarantee that you will be eligible for any Loan. If you are approved and obtain a Loan, the Lender will deposit the Loan amount in your Card Account and you will repay the Lender per the Loan Agreement that you will agree to, subject to the approval of Lender. Bank is not party to, and has no liability to you under, the Loan Agreement. The services provided under the Loan Agreement, including the Loan, are independent of services provided by Bank to you under this Agreement. For the avoidance of doubt, Lender is not acting as Bank’s service provider in connection with the Loan and the Loan is outside the scope of your relationship with the Bank.  If you obtain a Loan, the Lender may charge you interest and fees in accordance with the Loan Agreement you sign with the Lender. If you have obtained a Loan for the amount of a Card purchase, and the purchase amount is later adjusted for any reason  (e.g., restaurant tips are added to the purchase price)  after you have taken out the Loan, the Loan amount will not change. You will remain liable to the Lender for the entire Loan amount, and you authorize us to debit your Linked External Account for the difference between the Loan amount and the adjusted purchase price. 

In order to use your Card, you must first link your Linked External Account to your Card Account by using the App.  By adding a Linked External Account, you represent and warrant that you own and are authorized to use the Linked External Account for all of the transactions contemplated by this Agreement, and that the Linked External Account is held by a U.S. financial institution and is in good standing. Loans are not offered by us and are subject to approval of the Lender. 

II. The Card and Card Account

A. The Card is a debit card that accesses your Card Account at the Bank. The funds in your Card Account will be FDIC-insured up to the applicable federal limit, pursuant and subject to applicable law. You may access the Card Account  by using your Card or Card Number. You cannot use the Card to access credit or any loan. The Card  is not a credit card, prepaid card, or a gift card and may not be gifted, sold or transferred. The Card Account does not bear interest.  There is no minimum balance that must be deposited in the Card Account to open or use your Card or Card Account. The expiration date of the Card is listed on the Card.  The Card Account and underlying funds do not expire. When the Card expires, we will send you a replacement Card. If we issue you a replacement Card for any reason, once you activate your replacement Card, the money in your Card Account  will become accessible only by your replacement Card, and you will no longer be able to use any other Card that was previously connected to your Card Account. If your Card Account becomes inactive and subject to escheatment under state law, we may remit funds in your Account  to the state of your residence, and you may claim the funds from the state. 

We may give you the opportunity to use a virtual Card through a third-party wallet service.  If we do, you may be required to accept additional terms and conditions regarding your use of the virtual Card.  We are not responsible for any third-party wallet service.

B. You agree that the Card and Card Account will be used for personal, family and household purposes only and not for business use. You may not use the Card to obtain cash at an ATM, for cash equivalent transactions, any illegal transactions, including illegal gambling, or any other transaction we deem fraudulent or suspicious. We reserve the right to cancel, close or restrict use of the Card and Card Account, including by refusing the processing of any transaction, if we believe you have violated this Agreement or any applicable law.  

C. You must activate the Card using the App and complete the activation process, including setting a Personal Identification Number (“PIN”), before it may be used. You should memorize your PIN and not write down your PIN or keep your PIN with your Card. If you believe that anyone has  gained unauthorized access to your PIN, you should advise the Bank and Service Provider immediately, following the procedures in Section XVII (Your Liability for Unauthorized Transfers) below. You may need to provide personal information in order for your identity to be verified  and for completion of the activation process. 

III. Fees 

We will not charge you any fees for using your Card or Card Account. You understand that the financial institution holding your Linked External Account may charge fees that are outside the scope of this Agreement and outside of the scope of your relationship with the Bank and Service Provider.  For example, if you authorize us to debit your Linked External Account and it does not have sufficient balance to cover the amount of the transaction, your financial institution may charge you an overdraft fee, insufficient funds fee, returned-item fee, or interest or fees on an overdraft line of credit you may have. Neither Bank nor Service Provider are responsible for any fee charged by the Lender, by the financial institution holding your Linked External Account under your agreement with them, or by any other party.

IV. No Authorized Users 

You are responsible for all authorized transactions initiated and fees incurred by use of the Card. You may not permit anyone else to use your Card or Card Account. Without limiting the foregoing, if you permit another person to have access to the Card or Card Account, this will be treated as if  you authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card  according to the terms of this Agreement, subject to Section XVI (Lost or Stolen Cards or Unauthorized Transactions) and Section XVII (Your Liability for  Unauthorized Transactions) below, and other applicable laws. 

V. Using the Card and Account and Limits 

Subject to the limitations set forth in this Agreement, you may use your Card and Card Account, as applicable, to purchase goods or services wherever your Card brand (Visa) is accepted, and to receive transfers of funds for the purpose of funding transactions made with your Card. Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction.

A. Transaction limits apply to your Card and Card Account as set forth in this Agreement. We may decline a transaction if the requested transaction exceeds the balance in your Linked External Account, would cause the balance in your Card Account to be negative by more than $1,500, or would cause you to exceed the $2,500 daily or $15,000 monthly spend limit.  Your Card transaction limits may be lower than the maximum spend limits set forth here.  Your spending limit is established by us in our sole discretion, and will change from time to time, based on the balance in your Card Account, the balance in your Linked External Account, your transaction history, and any other factor we deem material. For security reasons, there are additional limits on the amount, frequency, and type of transactions you may make using your Card and Card Account, and we may not disclose these limits, or any changes to these limits, to protect the security of your account and our systems, unless required by applicable law. We reserve the right to refuse a transaction you request for any reason in our sole discretion.   We may also restrict the types of merchants and MCC codes where you may use your Card.  We may change these restrictions from time to time without notice to you unless required by law. We may refuse to process any transaction that we believe may violate the terms and conditions of this Agreement.

B. Affirm Debit Card may not currently be used to withdraw cash from ATMs, over the counter, or at a merchant point of sale. 

C. Foreign Transactions. The Card may only be used to conduct transactions within the 50 United States, District of Columbia and U.S.  Territories (Puerto Rico, Guam, Northern Marianas, the U.S. Virgin Islands, and American Samoa). The Card may not be used to conduct international transactions. All debits to your Card Account will be posted in U.S. dollars.  

D. Card Not Present Transactions. If you initiate a transaction without presenting your Card (such as for a mail order, internet or  telephone purchase or an ACH debit), the legal effect will be the same as if you used the Card itself. For security reasons, the amount or number  of such transactions you may make may be limited.

E.. We may, at our discretion, modify the limits on your Card and Card Account from time to time. To the extent required by applicable law, you will be notified of any change in these limits in the manner provided by applicable law. Card limits are subject to periodic review and may be changed based on your Account history, activity, and other factors, including but not limited to  your Card activity. We retain sole discretion to apply and change limits. 

F. Funds Availability Policy.  Bank’s policy is to delay the availability of funds deposited to your Card Account.  The length of the delay is counted in Business Days (defined below in Section XXIV) beginning on the business day we receive a deposit.  During the delay, the funds will not be available for your use, and we will not pay transactions from your Card Account using these funds. Funds deposited by electronic direct deposits (e.g., ACH) and preauthorized electronic fund transfers will be available on the Business day after we receive the deposit.  An electronic payment is received when the Bank has received payment in actually and finally collected funds, as well as any information necessary to credit the amount to your Card Account.  Availability of deposits and transfers may be delayed for a longer period of time under the following circumstances: (i) we reasonably believe a transaction will be returned unpaid; (ii) we suspect there may be fraud or unlawful activity on your Card Account; (iii) if the delay is reasonably necessary to comply with applicable law or protect the security of the Bank or your Card Account; or (iv) there is an emergency, such as a failure of computer or communications equipment, natural disaster, war, famine, pandemic, or other act of god.  In these cases, funds availability may be delayed for a reasonable amount of time under the circumstances. Even if we have made funds available to you and you have withdrawn the funds, you are still responsible for deposits that are returned to us unpaid and for any other problems involving your deposit.  

VI. Split Transactions and Authorization Holds 

A. Split Transactions. If you do not have sufficient funds in your Card Account, you can instruct the merchant to charge a part of the  purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not  allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount  in cash. If you fail to inform the merchant that you would like to complete a split transaction before swiping your Card, your Card is likely to be  declined. 

B. Authorization Holds. When you use your Card to purchase goods or services, the  merchant may attempt to obtain preauthorization for the transaction. If the merchant makes such a request, a “hold” is placed on your Card Account balance for the amount of the preauthorization request (which may vary in some cases from the amount of the actual purchase,  depending on the merchant or purchase type), until the merchant sends the final payment amount of your purchase, or for up to sixty (60)  days, even if you fail to make the purchase. During the hold period, you may not have access to the preauthorized amount in your Card Account.  We will not be responsible if any transactions are not completed because of the hold. If the preauthorization request varies from the amount  of the actual transaction, the actual transaction amount will be debited from your Card Account, even if this results in your Card Account  balance becoming negative. You remain responsible for any negative balances in your Card Account. If you use the Card at an automated fuel dispenser (“pay at the pump”), the transaction may be preauthorized by the merchant for an amount greater than the total sale price of the goods you purchase. If the Card is declined, but you have  sufficient funds available in your Card Account, you should use the Card to pay for the purchase inside with the cashier. If you use the Card at  a restaurant, a hotel, for a car rental purchase, or for similar purchases, the transaction may be preauthorized for the purchase amount plus an additional amount the merchant may require  to ensure there are sufficient funds available on your Card to cover tips or incidental expenses incurred. You do not have the right to stop payment  on any purchase or payment transaction originated by use of the Card.  

VII. Obligation for Negative Balances 

Each time you initiate a Card transaction, you authorize the Bank to reduce the funds available in your Card Account by the amount of the  transaction. You agree to not exceed the available amount in your Card Account through an individual transaction or a series  of transactions (creating a “negative balance”). Nevertheless, if any transaction causes the balance in your Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative  balance and any corresponding transaction fees. Even if we have paid these items before, we are not required to do it in the future. We can change our practice of paying these items on your Card Account without notice to you. We may determine the amount of available balance you have in your Card Account for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return.  We need only look at your available balance in your Card Account once to decide if the item would cause a negative available balance. We reserve  the right to bill you for any negative balance.  

You are liable for any negative balance, whether caused by you or any other person to whom you provide access to your Card or Card Account. If we pay a transaction that causes a negative available balance in your Card Account, you must immediately restore the available balance to at least $0.00. You have no right to defer such payments.  You authorize us to use the money from any subsequent deposits to your Card Account to cure a negative available balance in the Card Account. You also authorize us to debit your Linked External Account for the amount necessary to restore the balance of your Card Account to $0.00.  We also reserve the right to cancel your Card or Card Account if you create one or more negative balances in your Card Account and fail to cure it immediately. 

VIII. Recurring Transactions 

If you intend to use your Card for recurring transactions, you should monitor your balance and ensure you have sufficient funds to cover the transactions. “Recurring transactions” are transactions that are authorized in advance by you to be charged to your Card at  substantially regular intervals. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance to cover the transaction. If these recurring transactions vary in amount, the recipient of the recurring transaction should inform you, ten (10) days before each payment, when it will be made and how much it will be. You may be permitted by the payee to choose instead to get this notice only when the payment would  differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. We reserve the right to refuse to pay a recurring debit, for example, if your Card Account has insufficient funds to cover such transfer or if we are unable to verify the ownership of or other information about the account to which the funds will be transferred.  You may call us at  (855) 423-3729 to request information about a refusal by us to pay a recurring debit. 

If you have provided  instructions for recurring transactions from your Card Account, you can stop the payment by submitting a request on Affirm.com/help/debit or by notifying us orally at 855-423-3729 or in writing to 30 Isabella Street, Floor 4, Pittsburgh, PA 15212 in time for us to receive your request at least three (3) business days before the scheduled date of the transfer. If you call, we also may require you to put your request in  writing and get it to us within fourteen (14) days after you call. If you order us to stop one of these payments three (3) business days or more before the  transfer is scheduled, we will be liable for your direct losses or damages. If you have authorized a merchant to make the recurring transaction, you also  should contact the applicable merchant in order to stop the recurring transaction. If you order us to stop a recurring transfer three Business Days or more before the next transfer is scheduled and we do not do so, we will be liable for your losses or damages. Stop-payment orders may expire after six months from the date of your stop-payment request, and you are required to renew it in order to ensure its continued effectiveness. 

X. Periodic  Statements 

We will make available to you one periodic statement ("Statement") for your Card Account per month, covering activity on your Card and Card Account during each monthly cycle ("Cycle"). We may make your Statements available through the App. We have made the Statement available to you on the day we notify you that the Statement is available.  If your Card Account balance has charged off, we may provide you with quarterly Statements. If you have filed for bankruptcy before any Statement is made available to you, the Statement is for informational purposes only and is not an attempt to collect a debt. In the event you do not make a transfer in a particular monthly cycle, we may not provide you with a Statement; notwithstanding, we will provide you with a Statement at least quarterly. 

XI. Return and Refunds 

If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to your Card Account or Linked External Account for such refunds and agree to the refund policy of the merchant. 

Your refund will be transferred to your Linked External Account and you will still be liable for any Loan balances you have even if a balance is associated with the returned or refunded amount. The amount of the refund transferred to your Linked External Account may be offset by the amount of any pending Card Account transfers you authorized from your Linked External Account .  For example, if you have a pending ACH transfer of $20 to the Card Account from your Linked External Account and are owed a refund of $100, we may offset the ACH transfer to your Linked Account by $20 and credit the remaining $80 to your Linked External Account and credit your Card Account for $20. To deliver your refund, you authorize us to debit your Card Account in the amount of the refund (less the amount of any offset) and credit that amount to your Linked External Account on or after the date your refund is received in the Card Account. 

The exchange or return of goods or services purchased in whole or in part with the Card will be governed by the procedures and policies of each merchant and applicable law, which may include a return, shipping, or restocking fee.  Neither the Bank nor Service Provider is responsible for the delivery, quality, safety, legality, or any other aspects of the goods or services you purchase from others with the Card. If you have a problem with a purchase you made with the Card, or if  you have a dispute with the merchant, you must handle it directly with the merchant. You understand and agree that all goods and services you purchase with your Card are obtained using funds in your Card Account, and are not obtained using the proceeds of any Loan. The handling of refunds issued by the merchant to your Card are governed by this Agreement and not by the terms of any Loan Agreement you enter into through the Debit+ App or otherwise.  The amounts credited to your Card Account or Linked External Account for refunds may not be available  for up to ten (10) days from the date the refund transaction occurs. 

XII. Receipts 

You should get or request a receipt at the time you make a transaction using your Card. You agree to retain your receipts to  verify your transactions. 

XIII. CARD CANCELLATION, SUSPENSION AND CARD REPLACEMENT 

We reserve the right, at any time and in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of  transactions. The Bank may refuse to issue a Card, revoke Card privileges or cancel your Card with or without cause or notice, other than as required by  applicable law. If you would like to cancel the use of your Card, you may do so by calling (855) 423-3729. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. The cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We can waive or delay enforcement of any of their rights under this Agreement without losing  them. 

If you need to replace the Card for any reason, call (855) 423-3729 or submit a request on Affirm.com/help/debit to request a replacement.  You will be required to provide personal information which may include the last four digits of your Card number, your full name and knowledge of the  Card transaction history. If you believe the Card has been lost or stolen, you must immediately notify us and disable it by calling us at (855) 423-3729. See Section XVI for more information about your liability for transactions made using a Card that has been lost or stolen.  We  may cancel any Card that has been disabled for sixty (60) calendar days or longer 

XIV. Confidentiality 

The Bank may disclose information to third parties about your Card, Card Account or the transactions you make using your Card: (1) where it is necessary for  completing transactions; (2) in order to verify the existence and condition of your Card for a third party, such as a merchant; (3) in order to comply with  government agency, court order, or other legal reporting requirements; (4) if you give the Bank your written permission; (5) to our and the Bank’s  employees, auditors, affiliates, service providers, or attorneys as needed; (6) in order to collect funds you may owe us; and (7) as otherwise provided in the Bank’s Privacy Policy Notice.

XV. Our Liability for Failure to Complete Transactions 

In no event will Bank or Service Provider be liable for consequential damages (including lost profits), extraordinary damages, special or  punitive damages. Neither Bank nor Service Provider will be liable, for instance: (1) if, through no fault of Service Provider or of the Bank, you do not  have enough funds available in your Card Account to complete the transaction; (2) if a merchant refuses to accept your Card or provide cash back; (3) if an electronic terminal where you are making a transaction does not  operate properly, and you knew about the problem when you initiated the transaction; (4) if access to your Card has been blocked after you reported  your Card lost or stolen; (5) if there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (6) if Service Provider or the Bank has reason to believe the requested transaction is unauthorized; (7) if circumstances beyond Service Provider or the Bank’s control (such  as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that Service Provider or the Bank has taken; or (8) any other exception stated in this Agreement with you. You may call us at [(855) 423-3729 to find out whether any EFT you request was successfully completed. 

XVI. Lost or Stolen Cards or Unauthorized Transfers 

You agree to exercise reasonable control over your PIN(s); user ID(s); and password(s) and any other access code or credential related to your Card Account or used to access your Card Account (each, an “Access Code") and your Card. Tell us AT ONCE if you believe your Card or Access Code has been lost, stolen or compromised by calling (855) 423-3729. You should also call us at the number set forth in this Section or you may submit a request on Affirm.com/help/debit or write us at 30 Isabella Street, Floor 4, Pittsburgh, PA 15212 if you believe an electronic transfer has been made using the information from your Card or Account without your  permission. 

XVII. Your Liability for Unauthorized Transactions 

Tell us AT ONCE if you believe that your Card or any Access Code or device you use to access your Card Account has been lost or stolen, that an electronic fund transfer (EFT)  has been made from your Card Account without your permission, or that someone has transferred or may transfer money from your Card Account without your authorization. You may tell us by calling us at (855) 423-3729 or by submitting a webform on Affirm.com/help/debit or by writing to us as soon as possible at 30 Isabella Street, Floor 4, Pittsburgh, PA 15212  (or such other address as we may provide to you from time to time). Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Card Account and Linked External Account. If you tell us within two Business Days after you learn of the loss or theft of your Access Code, Card or device, your liability for unauthorized transactions on your Card Account will be limited to $50 if someone accesses your Card Account without your authorization.

If you DO NOT tell us within two Business Days after you learn of the loss or theft of your Access Code, Card or device, and we can prove we could have stopped someone from using your Access Credentials, Code or device without your permission if you had told us, you could lose as much as $500. 

Under Visa Rules, you will not be held responsible for unauthorized transactions if you have used reasonable care in protecting your Card  from loss or theft and you have promptly reported to us when you knew that your Card was lost or stolen. Zero Liability does not apply to  Visa payment cards that are used for commercial purposes or anonymous prepaid cards (until such time as the identity of the cardholder  has been registered with us).  

Also, if your statement shows transactions you did not make, including those made on your Card Account by Card, code or other means, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/or after the  statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped  someone from taking the value if you had notified us in time.  If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

You also agree to cooperate completely with us and the Bank in attempts to recover funds from unauthorized users and to assist in their prosecution.  The Bank may issue replacement Card(s) or Access Code(s), but only after you have provided such proof and security or indemnification as the Bank may  require. In addition, you acknowledge that the Bank may have to deactivate your Card(s) and/or Card Account to prevent future losses. Your Card Account may be temporarily unavailable until you receive and activate your replacement Card. If you share your  Card(s) or Access Code(s) with another person, use of your Card Account by that person may be considered as authorized. If you authorize another person  to use your Card or Access Code(s), you agree that you will be liable for all transactions arising from use of the Card or Access Code(s) by such person  except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount  of the unauthorized transaction and any other amounts required by applicable law. A transaction is unauthorized if it is not  initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way. 

XVIII. Questions; Your Right to Dispute Errors 

In Case of Errors or Questions about your EFTs. Please visit us at Affirm.com/help/debit to submit a webform or call us at (855) 423-3729 or write us at 30 Isabella Street, Floor 4, Pittsburgh, PA 15212 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.  We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error  appeared.

1. Tell us your name and account number. 

2. Describe the error or transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more  information. 

3. Tell us the dollar amount of the suspected error. 

If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days. 

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we  need more time, however, we may take up to forty-five (45) days (ninety (90) days for those transactions at merchant POS terminals, processed on a  new account, or initiated outside the United States) to investigate your complaint or question. If we decide to do this, we will credit your account within  ten (10) business days for the amount you think is in error so that you will have full use of the money during the time it takes us to complete our  investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Card Account. 

For errors involving new Card Accounts (an account where the first deposit to the account occurs less than 30 days before the error), we may take  up to twenty (20) business days to credit your Card Account for the amount you think is in error. 

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send  you a written explanation. You may ask for copies of the documents that we used in our investigation. 

XIX. Class Action Waiver. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER COVERED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND THE BANK OR COVERED PARTY AGREE OTHERWISE, A COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR OR COURT MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.  

XX. Arbitration 

This Section sets forth the circumstances and procedures under which Claims (as defined below) shall be arbitrated instead of litigated in court  upon the election of either party.  PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. 

A. Definitions: As used in this Arbitration Section, the term “Claim” means any claim, dispute or controversy between you and Bank,  Service Provider, or any of their respective wholly or majority-owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and all of their agents, employees, directors and  representatives (each, a “Covered Party”) , arising from or relating to the Card or this Agreement as well as any related or prior  agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of  this Arbitration Section or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims,  counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations,  common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example  and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any additional cardholders  designated by you; (ii) the amount of available funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the  Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and/or (v) your enrollment for any Card.  As used in this Arbitration Section, the terms “we” and “us” shall for all purposes mean the Bank, Service Provider, and any of their respective agents, retailers,  subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards or Card Account (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their  agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against  us) in connection with a Claim asserted by you. As solely used in this Arbitration Section, the terms “you” or “yours” shall mean all persons or  entities approved by us to have and/or use a Card or Card Account, including but not limited to all persons or entities contractually obligated under any of the  Agreements and all additional cardholders.  

B. Initiation of Arbitration Proceeding/Selection of Administrator: Covered Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to your satisfaction by contacting customer support at (855) 423-3729.  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to the Bank or Service Provider should be sent to 30 Isabella Street, Floor 4, Pittsburgh, PA 15212 (“Notice Address”). Notice to you may be sent to the address we have on file for you.  The Notice must (a) describe the nature and basis of the Claim or dispute and (b) set forth the specific relief sought.  If you do not resolve the Claim with the Covered Party within 60 calendar days after the Notice is received, you or the Covered Party, as applicable, may commence an arbitration proceeding.  

Any Claim shall be resolved, upon the election by you or us, by  arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is  referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the  American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations,  contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335  Madison Avenue, New York, NY 10017; website at www.adr.org. 

C. Significance of Arbitration: You agree that if a Claim has arisen or may arise between you and us, whether arising out of or relating to this Agreement (including any alleged breach), your Card or Card Account, services provided under this Agreement, any advertising, or any other aspect of the relationship or transactions between us, and you are not able to resolve the dispute or Claim informally as described above, you and we agree that upon demand by you or us, the dispute or claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Section. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action to resolve any Claim against a Covered Party.  Your rights will be determined by a neutral arbitrator, not a judge or jury. 

IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE  THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED  FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE  ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION, EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S  DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE  AVAILABLE IN ARBITRATION.  

D. Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis.  There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported  representative capacity on behalf of the general public, other cardholders or other persons similarly situated. The arbitrator’s authority to  resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone.  Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or  against someone other than you, unless otherwise agreed to in writing by all parties. If a Claim is brought seeking injunctive relief and a court determines that the restrictions in this Arbitration Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Arbitration Section. 

E. Payment of Fees: At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative  and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof),  the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection  with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal,  exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address  and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees  were incurred without any substantial justification.  

F. Arbitration Procedures: This Arbitration Section is made pursuant to a transaction involving interstate commerce, and shall be  governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the  applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party  submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections  provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission.  The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered  by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty  (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal.  The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.  All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

G. Continuation: This Arbitration Section shall survive termination of your Card as well as voluntary payment of the debt in full by you,  any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Section is deemed  invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Section, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity. 

H.  RIGHT TO OPT OUT: If you do not want this Arbitration Section to apply, you must send the Service Provider a signed notice within 30 calendar days after you sign the Agreement. You must send the notice in writing (and not electronically) to Affirm, Attn. “Arbitration Opt Out”, 30 Isabella Street, Floor 4, Pittsburgh, PA 15212. You must provide your name, address and loan number and state that you "opt out" of the Arbitration Section. Opting out will not affect the other provisions of this Agreement. If you opt out, it will apply only to this Agreement.

XXII. Communications. 

We may make certain services available via a mobile device or telephone. To the extent you access our services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.  In addition, downloading, installing, or using certain services on your mobile device may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. 

You agree that we and our service providers may communicate with you regarding your Card, Card Account, and related services by SMS, MMS, text message (“Text Messages”) or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.  

Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls, e-mails or Text Messages from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your Card Account or Card at any telephone number, or physical or electronic address you provide with information or questions about your Card or Card Account. You agree we may contact you in any way, including Text Messages and telephone calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via Text Message. 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 or change a telephone number, email address, or mailing address. You also agree that we may contact you by e- mail, using any email address you have provided to us or that you provide to us in the future, subject to your right to unsubscribe from such e-mails. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

You must notify us of any change in your address, e-mail address, telephone number, or other contact information you provide to us.  Failure to do so may result in information regarding the Card or important information about your Card or Card Account being delivered to the wrong person or your transactions being declined. You or your authorized representative must notify us immediately in the event of your insolvency, receivership, conservatorship, bankruptcy, or death.

XXII. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.

XXIII. LIMITATION OF LIABILITY. WE, SERVICE PROVIDER, AND OUR RESPECTIVE AGENTS, AFFILIATES, EMPLOYEES, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

XXIV. Other Terms. 

A. The Card and your obligations under this Agreement may not be assigned. The Bank may transfer its rights under this Agreement.  Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. The Bank does  not waive its rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other  provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Tennessee except to the extent  governed by federal law. 

B. By activating the Card or by retaining, using or authorizing the use of it, you represent and warrant to us that: (i) you are at least 18  years of age (or the age of majority if you reside in a jurisdiction where the majority age is older than 18); (ii) you are a U.S. citizen or legal alien residing in the fifty  (50) states of the United States (“U.S.”) or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O.  Box); (iv) the personal information you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this  Agreement and agree to be bound by and to comply with its terms and our Privacy Policy, which is incorporated herein by reference; and (vi) you accept the Card. 

C. We may modify this Agreement and will provide you with notice to the extent required by applicable law. We may provide you notice by email or other electronic communications. We may cancel or  suspend the Card or this Agreement at any time. You may cancel this Agreement by bringing the balance in your Card Account to $0.00, and returning the Card to the Bank. Your termination of this  Agreement will not affect any of the Bank’s or Service Provider’s rights or your obligations arising under this Agreement prior to termination.  In the event your Card is cancelled, closed or terminated for any reason, any remaining available funds associated with the Card Account will  be returned to you via ACH transfer to your Linked External Account or by check, subject to any contrary provision in this Agreement and applicable law. The amount of remaining funds we transfer to you may be offset by any amounts you owe us under this Agreement. 

D. Our Business Days are every day except for Saturday, Sunday, and any other day that banks in Arkansas are authorized by law to be closed.  

E. This Agreement constitutes the entire and sole agreement between you and us and supersedes all prior understandings, arrangements, or agreements regarding your Card and Card Account. 

ALL FEES AND AMOUNTS

• Card Purchase Fee: $0.00

• Card Activation Fee: $0.00

• Account Registration Fee: $0.00

• Monthly Fee: $0.00

• Weekly Fee: $0.00

• POS PIN Debit Purchase: $0.00

• POS Signature Purchase: $0.00

• Send Money: N/A

• POS PIN Purchase (Declined): $0.00

• POS SIG Purchase (Declined): $0.00

• ATM Withdrawal In-Network (US): N/A

• ATM Withdrawal Out-of-Network (US): N/A

• ATM Withdrawal (Declined): N/A

• Automated System Customer Service: $0.00

• Live Agent Customer Service Fee: $0.00

• Inactivity Fee: $0.00

• Insufficient Funds/NSF Fee: $0.00

• Close Card: $0.00

• Replace Card: $0.00