Valid as of November 1, 2017

This User Agreement (“Agreement”) is a contract between you and ePlata USA, LLC (“Company”) and applies to your use of ePlataTM products and services and any other ePlata features, technologies, and/or functionalities offered by Company on our website or through any other means (“Services”). The Services are provided to you subject to this Agreement as well as our Privacy Policy (“Privacy Policy”) which is available via this link to our Privacy Policy and is incorporated in this Agreement by this reference.

A. THIRD PARTY AGREEMENTS

You acknowledge and agree that this Agreement is between you and Company, not with any third party (including, but not limited to, Apple®, Google®, or any mobile carrier), and that Company is solely responsible for the Services. Your use of the Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service. Third party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third party terms of agreement when using the Services. Company is not a party to those agreements and has no responsibility for the products and services provided by third parties.

Please note that Company has opened its application programming interface (“API”), so you may be subject to agreements with third parties when using a service that was not created by Company. Company has no liability or responsibility for your use of these third party services.

B. SERVICE TERMS

1. Terms for Services

The Services allow you to transfer funds to and receive funds from third parties. You may use the Services on your mobile device or through a web browser, or, if you are an approved merchant, you may accept ePlata payments through your mobile application or website.

See this link to our Licenses for additional information and for disclosures that Company is required to post by certain jurisdictions. Company has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any user of the Services or that a sender or a recipient can or will complete a transaction.

a. Eligibility and Account Registration

To be eligible to use the Services, you must be 18 years or older and create an account with a cellular/wireless telephone number that you own. You may also initiate account registration by connecting with your Facebook® account, however, we will still need additional information to create your account. As further detailed in our Privacy Policy, in order to register, create and use an account, Company may require that you submit certain Personal Information (as defined in the Privacy Policy), including but not limited to your name, email address, text-enabled cellular/wireless telephone number, street address or zip code, date of birth, and social security number to Company. During the registration process, or when you access the Services from a phone, your phone’s device ID is also stored. You agree that the Personal Information you provide to Company upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with us as necessary.

b. Types of Accounts

We offer two different types of accounts, personal and business accounts. You may have only one personal account. Personal accounts are for use in person-to-person transfers with friends and family, and other people whom you know. Some features of personal accounts may be limited based on how you wish to use the Services, how much you need to send and what we know about you. We may require that you provide more information in order to complete a transaction. Personal accounts may not be used to receive business, commercial or merchant transactions.

For each business you are involved with, you may have only one business account. Business account use is limited. Business accounts must be applied for and explicitly authorized. By opening a business account and accepting the terms as outlined in this Agreement, including, but not limited to, the Rules and Restrictions for Business Accounts set forth below, you attest that neither you nor your business is establishing a business account primarily for personal, family or household purposes. We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement, including, but not limited to, if you are using a personal account for business purposes or a business account for personal, family or household purposes.

c. Identity Authentication

You hereby authorize Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts, your company or employer. This may include, but is not limited to, asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.

d. Transaction History

You have the right to receive an account statement. You may view your account statement by logging into your ePlata account.

e. Sending Money

i. Sending Limits

We may, at our discretion, impose limits on the amount of money you can send or receive through the Services. We may also, at our discretion, place limits on the total balance that may be held in your personal or business account. Please see our Fees & Limits Section for more details on limits. If we have authenticated your identity, we may increase your sending and/or receiving limits. These limits may change from time to time in Company’s sole discretion. You may not send money to your own account.

ii. Default Funding Sources

Your ePlata balance consists of the funds you have in your ePlata account that are available for new transfers and are not subject to pending transfers.

When you make a payment through the Services, we first see if your balance can cover the transaction. You can also fund your balance with a bank account (only available in the United States currently).

If you don’t want to use your balance, you can withdraw it at any time. If your balance is not used within 30 days we may remind you to withdraw funds or return the funds to your linked bank account.

iii. Funding Source Limitations

In order to manage risk, Company may limit the funding sources available for your use to fund your ePlata balance.

Please note that the various funding sources have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction.

iv. Bank Transfers

When your checking account is used as your funding source, you are requesting that we initiate on your behalf an electronic transfer from your bank account. For these transactions, Company will make electronic transfers (via the Automated Clearing House (“ACH”) of NACHA – The Electronic Payment Association (“NACHA”)) from your bank account in the amount you specify. You agree that such requests constitute your authorization to Company to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and Company may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA’s ACH rules (collectively, the “ACH Rules”), or applicable law.

v. Refused and Refunded Transactions

When you send money, the recipient is not required to accept it. You agree that you will not hold Company liable for any damages resulting from a recipient’s decision not to accept a payment made through the Services.

Transfers will automatically be debited from your account and credited in the recipient’s account. We will return any unclaimed, refunded or denied payment within 30 days of the date you initiate payment. If a payment is unclaimed, denied or refunded for any reason, we will return the money to your balance.

vi. Debit Card Processing

In the future, Company may process debit card-funded transactions through either the debit card’s ATM debit network or the Visa/MasterCard network, as Company may elect at its discretion.

vii. Credit Card Information

If credit card funding of transactions is available via the Services and if your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your account accordingly.

viii. Fees for Sending Money

Please see Fees & Limits Section for more information on fees. These fees may change from time to time in Company’s sole discretion. You may be subject to third party fees, such as insufficient fund fees, reversal fees, or ACH insufficient fund fees that a bank may charge if your payment is rejected.

f. Payment Investigation

Payment investigation is a process by which Company reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, Company will place a hold on the payment and may provide notice to the recipient. Company will conduct a review and either clear or cancel the payment. If the payment is cleared, Company will provide notice to the recipient. Otherwise, Company will cancel the payment and the funds will be returned. Company will provide notice to you by email and/or in the account history tab of your account if the payment is canceled.

g. Risk of Reversals, Chargebacks and Claims

When you receive a payment, you are liable to Company for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. You agree to allow Company to recover any amounts due to Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Company through other means. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.

h. Account Balances

i. Balances

Your money is yours. Company will hold your balance funds separate from its corporate funds. While your funds are in our custody, Company will hold your funds in a custodial account for your benefit. Your funds will be specifically identified, and will not be used by Company for its operating expenses or for any other purpose. Funds in your account will be held in Company’s custodial account at Enterprise Bank and Trust, a Missouri chartered trust company.

You acknowledge and agree that Company is solely responsible for all administration of the custodial account, and you agree to release and hold harmless Enterprise Bank and Trust from any claims or actions in any way related to the custodial account in which your account balance is held.

Please note that while your funds remain your own, nothing in this section negates or limits the security interest described in Section h.iv. below.

ii. Negative Balances

If the balance in your account is negative for any reason, Company may set off the negative balance by deducting amounts you owe Company from money you receive into your account, or money you attempt to withdraw or send from your account. You agree to allow Company to recover any amounts due to Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Company through other means. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.

iii. Setoff of Past Due Amounts

If you have a negative balance or other past due amount to Company, Company may make attempts on your funding source to cover the amounts. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law.

iv. Security Interest

Notwithstanding anything to the contrary contained in section h.i., to secure your performance of this Agreement, you hereby grant to Company a lien on and security interest in your account and agree to execute any further documentation to perfect these Company rights.

i. Withdrawing Money

i. How to Withdraw Money

You may withdraw funds from your ePlata account by electronically transferring them to your bank account or utilizing one of our partner payments providers.

ii. Withdrawal Limits

Please see our Fees & Limits Section for more details on limits, including any applicable withdrawal limits. We reserve the right to delay withdrawals while we screen for risk, or request you provide additional information to verify your identity and we may limit the amount you can withdraw until the information is verified.

iii. Transfers to Your Linked Financial Institution Accounts

When you transfer money from your ePlata balance to your linked financial institution account(s), the ACH Rules will govern the transfer.

j. Closing Your Account

i. How to Close Your Account

As long as there are no pending or in progress transactions, you may close your account at any time. You may close your account by emailing us at support@eplata.com and requesting you account to be closed; however, you must withdraw your balance prior to closing your account.

ii. Limitations on Closing Your Account

You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.

k. Item Hold

Company, in its sole discretion, may place a hold on a payment you receive for a transaction when Company believes there may be a high level of risk associated with the transaction.

i. Release of Item Hold

Company will release the payment hold after 21 days unless we receive a dispute, claim, chargeback, or reversal on the transaction subject to the hold. Company may release the hold earlier if the sender of funds provides us confirmation, Company is able to confirm proper delivery, or Company otherwise completes its investigation.

ii. Additional hold period

If you receive a dispute, claim, chargeback, or reversal on the transaction subject to the item hold, Company may hold the payment in your account until the matter is resolved pursuant to this Agreement.

l. Account Hold and Reserves

For high volume accounts, including business accounts, Company may, in its sole discretion, place a reserve on funds held in your account when it believes there may be a high level of risk associated with your account. If your account is subject to a reserve, Company will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received into your account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that Company determines is necessary to protect against the risk associated with your account. Company may change the terms of the reserve at any time by providing you with notice of the new terms.

m. Termination

Upon termination of this Agreement for any reason, we have the right to prohibit your access to the Services, including without limitation by deactivating your username and password, and to refuse future access to the Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors.

n. Rules and Restrictions for Personal Accounts

The following Rules and Restrictions for personal accounts apply to your use of a personal account under this Agreement.

i. Receiving Money

Please see Fees & Limits Section for more details on limits, including limits on receiving and sending money. These limits may change from time to time in Company’s sole discretion.

ii. Transaction Fees for Receiving Money

Please see Fees & Limits Section for more details on fees. These fees may change from time to time in Company’s sole discretion.

iii. Error in Receiving Money

In the event of an error, you give Company permission, subject to Company’s compliance with applicable law, to make appropriate corrections by debiting or crediting your ePlata balance, or debiting or crediting your primary or alternate funding sources as applicable.

iv. Account Errors

If your account history shows transfers you did not make, follow the procedures outlined in Section D.11 of this Agreement.

o. Rules and Restrictions for Business Accounts

The following Rules and Restrictions for Business Accounts apply to your use of a business account under this Agreement.

i. Receiving Money

Except as may be otherwise provided by applicable law, there is no pre-set limit to the amount of funds you can receive using the Services. There are limits on the amount you may send using Services. There are also limits on the amount you can withdraw. Please see our Fees & Limits Section for more details on limits, including limits on receiving and sending money. These limits may change from time to time in Company’s sole discretion and the requirements to lift those limits may vary based on product usage.

ii. Error in Receiving Money

In the event of an error, you give Company permission, subject to Company’s compliance with applicable law, to make appropriate corrections by debiting or crediting your ePlata balance, or debiting or crediting your primary or alternate funding sources as applicable.

iii. Credit Authorization

If you open a business account, you are providing us with written instructions and authorization in accordance with the Fair Credit Reporting Act to obtain your personal and/or business credit report from a credit bureau. You are also authorizing us to obtain your personal and/or business credit report: (a) when you upgrade your personal account to a business account, or at any time we reasonably believe there may be an increased level of risk associated with your account. An increased level of risk includes, but is not limited to, a high number of chargebacks or reversals, or suspicious activity associated with your account.

iv. Representations

If you are a business entity, you represent that you are duly authorized to do business; and your employees, officers, representatives, and other agents accessing the Services are duly authorized to access the Services and to legally bind you to this User Agreement and all transactions conducted under your username and password.

v. Authority of Officers and Employees

If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Services and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using your user name and password. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.

C. MOBILE APPLICATIONS

1. Third Party Operating System Providers, Phone Manufacturers, and Wireless Carriers

The ePlata mobile application works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Company is solely responsible for providing maintenance and support services for the Services. Covered Third Parties have no obligation to provide maintenance or support services for the Services.

Covered Third Parties have no warranty obligations whatsoever with respect to the Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Services to conform to any warranty provided by Company, if any, will be Company’s sole responsibility.

Company, not any Covered Third Parties, is responsible for addressing any claims relating to the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims. Please see the Contact Us section at the end of this Agreement for how to contact Company.

If you are using the Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Services.

2. Services via SMS or Mobile Data

The Services allow you to send and receive payments through your mobile phone via SMS or mobile data plan. If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Your phone service provider is not the provider of the Services.

D. GENERAL TERMS AND CONDITIONS.

1. Notices to You

You agree that Company may provide notice to you by posting it on our website (including but not limited to our User Agreement, Licenses, and Privacy Policy documents), or if we have your email address or street address, by emailing it to the email address listed in your account or mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. Company’s Business Days include all days on which the New York Federal Reserve Bank is open for business. We may also provide notice when you access the Services.

You acknowledge and agree that we will provide the notice to you in accordance with our Consent to Receive Electronic Disclosures. If you do not consent or at any time withdraw your consent to receive electronic notices from us, we reserve the right to close your accounts.

2. Business Days

“Business Days” means Monday through Friday, excluding Holidays. “Holidays” means New Year’s Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).If a Holiday falls on a Saturday, Company shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, Company shall observe the Holiday on the following Monday.

3. Notices to Company

Notice to Company must be sent by postal mail to: ePlata USA, LLC, Attention: Legal Department, 103 West Vandalia Street, Edwardsville, IL 62025.

4. Calls to You

By providing Company a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Company at that number should the need arise. However, we will never call you for promotional purposes.

5. Websites

The Company’s websites may feature third party offers and enable product searches. Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on Company websites is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by Company of any product, service or vendor.

6. Intellectual Property

“eplata.com”, “ePlata”, and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Company or its licensors. You may not copy, imitate or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Company through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the Service or display them in any manner that implies Company’s sponsorship or endorsement. All right, title and interest in and to the ePlata website and any content thereon is the exclusive property of Company and its licensors.

Certain other product or service names, brand names and company names may be trademarks of their respective owners.

7. Taxes

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

8. Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

If you receive information about another user through the Services, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.

9. Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 18 to register for the Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal or payment information to us through the Services. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the information provided below in the “Contact Us” section.

10. Loss or Theft of Account Information, PIN, and Mobile Device

If you believe that any of your ePlata account registration information, PIN or mobile device containing the ePlata App has been lost or stolen, or if your account history shows transfers that you did not make, immediately contact Company via the contact information below or by email to support@eplata.com.

11. Currency Conversion

Your ePlata balance will be held by default in the official currency of your country of residence (e.g. balances for U.S. resident users will be held by default in U.S. dollars). You may convert all or a portion of your balance to any of the currencies supported, and you may hold balances in more than one of these currencies at the same time. You are responsible for all risks associated with maintaining your balances in multiple currencies.

You may elect to convert your balance from one currency to another (for example, if you want to send money to a friend or family member in a currency that you do not hold at the time of the transaction). Additionally, a business may only accept funds in one or more designated currencies, in which case you may be required to convert funds prior to transacting with that business.

Transactions involving currency conversion will incur certain costs. To see costs associated with currency conversion transactions please review our listing of costs and fees which is available in the Fees & Limits Section. The exchange rates vary and will be applied immediately without notice to you.

12. Resolution Procedures for Unauthorized Transactions and Other Errors

a. Protection for Unauthorized Transactions and Other Errors

When an Unauthorized Transaction (defined below) or Other Error (defined below) occurs in your account, including Unauthorized Transactions that occur because your ePlata mobile-activated phone has been lost or stolen, Company will cover you for the full amount of every eligible Unauthorized Transaction or Other Error as long as you follow the procedures discussed below.

An “Unauthorized Transaction” is a type of error that occurs when money is sent from your account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your account, and sends a payment from your account, an Unauthorized Transaction has occurred. However, if you give someone access to your account (for example, by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use. Such transactions are not considered Unauthorized Transactions.

In addition, “Other Errors” occur when money is either incorrectly credited to your account or incorrectly debited from your account, or when transactions are incorrectly recorded in your account. Other Errors that are covered by Company are limited to the following events: (i) if you send a payment and we debit an incorrect amount from your account; (ii) if we credit an incorrect amount to your account; (iii) if a transaction is missing from or not properly identified in your account statement; and (iv) if there is a computational or mathematical error by Company. Routine inquiries about your balance or the status of a pending transfer into or out of your account are not considered Unauthorized Transactions or Other Errors unless you expressly notify us of an Unauthorized Transaction or Other Error in connection with the transfer. Requests for information for tax or other recordkeeping purposes and requests for duplicate documentation also are not deemed to be Unauthorized Transactions or Other Errors. You may request documentation or information regarding your account or transaction to determine whether an Unauthorized Transaction or Other Error exists by contacting Company via the contact information below or by email to support@eplata.com.

b. Notification Requirements

You should immediately notify Company if you believe:

1. There has been an Unauthorized Transaction, unauthorized access to your account, or the occurrence of an Other Error;
2. There is an error in your transaction history or your transaction confirmation sent to you by email;
3. Your password has been compromised;
4. Your ePlata mobile-activated phone has been lost, stolen or deactivated; or
5. You need more information about a transaction listed in your transaction history or transaction confirmation email.

To be eligible for 100% protection for Unauthorized Transactions sent from your account, you must notify us within 60 days after any Unauthorized Transaction or Other Error first appears in your account statement. If you do not tell us within 60 days after the account statement was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told 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 should regularly log into your account and review your transaction history to ensure that there has not been an Unauthorized Transaction or Other Error. Company will also send an email to the primary email address on file in order to notify you of each transaction from your account. You should review these emails to ensure that each transaction was authorized and is accurate.

For Unauthorized Transactions or Other Errors in your account, notify us as follows:

1. By submitting a help ticket through the ePlata mobile app or eplata.com website; or
2. By emailing us at support@eplata.com; or
3. By writing to ePlata USA, LLC, Attn: Error Resolution Department, 103 West Vandalia Street, Edwardsville, IL 62025; or
4. Telephone Customer Service at 1 (866) 739-3156.

When you notify us, provide us with all of the following information:

1. Your name, and the email address and phone number registered to your account;
2. A description of any suspected Unauthorized Transaction or Other Error and an explanation of why you believe it is incorrect or why you need more information to identify the transaction; and
3. The dollar amount of any suspected Unauthorized Transaction or Other Error.

If you notify us orally, we may require that you send us written confirmation within 10 Business Days. During the course of our investigation, we may request additional information from you.

c. Company Actions After Receipt of your Notification

Once you notify us of any suspected Unauthorized Transaction or Other Error, or we otherwise learn of one, we will do the following:

1. We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Other Error that is eligible for protection.
2. We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transaction or Other Error. If your account is new (the first transaction from your account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 days to complete our investigation (or up to 90 days for new accounts).

If we decide that we need more time to complete our investigation, we will provisionally credit your account for the amount of the suspected Unauthorized Transaction or Other Error. You will receive the provisional credit within 10 Business Days of the date we received your notice (or 20 Business Days for new accounts). This will allow you to have use of the money until we complete the investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to provide written confirmation and we do not receive it within 10 Business Days (or 20 Business Days for new accounts), we will not provisionally credit your account.

We will inform you of our decision within 3 Business Days after completing our investigation. If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.If we decide that there was not an Unauthorized Transaction or Other Error, we will include an explanation of our decision in our email or other communications to you. If you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your account. You may request copies of the documents that we used in our investigation.

d. Processing Errors

We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, Company will credit your account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, Company will debit the extra funds from your account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.

13. Restricted Activities

In connection with your use of our mobile apps, website, your account, or the Services, or in the course of your interactions with Company, a user or a third party, you will not:

• breach this Agreement or any other Agreement that you have entered into with Company (including a policy);
• violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
• infringe Company’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
• act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• provide false, inaccurate or misleading Personal Information;
• create more than one ePlata account for yourself, through, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified Personal Information;
• send or receive what we reasonably believe to be potentially fraudulent funds;
• refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
• attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Company and the recipient of funds, bank, or credit card issuer for the same transaction;
• use an anonymizing proxy;
• control an account that is linked to another account that has engaged in any of these restricted activities;
• control or possess more than one account without authorization from Company;
• conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Company, a user, a third party or you;
• use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
• have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the services;
• use your account or the services in a manner that Company, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
• allow your ePlata account to have a negative balance;
• provide yourself a cash advance from your credit card (or help others to do so);
• disclose or distribute another user’s Personal Information to a third party, or use the information for marketing purposes unless you receive the users express consent to do so;
• send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
• take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
• use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
• use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
• take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
• use the Services to test credit card behaviors.

14. Acceptable Use

You agree you will not use the Services to violate any law, statute, ordinance, or regulation relating to sales of:

• counterfeit goods;
• narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
• drug paraphernalia;
• items that encourage, promote, facilitate or instruct others to engage in illegal activity;
• items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
• items that are considered obscene;
• items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
• certain sexually oriented materials or services;
• ammunition, firearms, or certain firearm parts or accessories; or
• certain weapons or knives regulated under applicable law.

Relating to transactions that:

• show the personal information of third parties in violation of applicable law;
• support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs;
• are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
• are for the sale of certain items before the seller has control or possession of the item;
• are by payment processors to collect payments on behalf of merchants;
• are associated with the sale of traveler’s checks or money orders;
• involve currency exchanges, other than currency exchanges done via the Services, or check cashing businesses or digital currencies such as bitcoins;
• provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
• are otherwise related to illegal activity, gambling, pornography, obscene material or otherwise objectionable content or activities.

Violating applicable laws or industry regulations regarding the sale of:

• tobacco products;
• prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law; or
• provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

15. Legal Compliance

You are solely responsible for ensuring that your use of the Services is in conformance with applicable federal, state and local laws and regulations. By using the Services, you warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

16. Your Liability – Actions We May Take

a. Your Liability

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Company, an ePlata user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse Company, a user, or a third party for any and all such liability.

You acknowledge that you are responsible for the accuracy of all payments sent using the Services, including but not limited to the accuracy of the amount paid and the recipient. Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.

b. Actions by Company

If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect Company, another ePlata user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

• We may close, suspend, or limit your access to your account or the Services (such as limiting access to any of your funding sources, and your ability to send money, make withdrawals, or remove financial information);
• we may contact users who have sent you money, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
• may update inaccurate information you provided us;
• we may refuse to provide our Services to you in the future;
• we may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability; and
• we may take legal action against you.

Company, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.

17. Account Closure, Termination of Service, or Limited Account Access

If we limit or close your account or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion.

You may stop using the Services at any time or may close your accounts by contacting us. Company, in its sole discretion, reserves the right to terminate the Services, to terminate this Agreement, or to terminate your access to the Services for any reason and at any time. If we terminate or limit your use of our Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.

18. Policy Violation – User Fines

If Company incurs any damages because you violate our policies, break any laws, or otherwise cause Company to suffer any damages or incur any expenses then we may hold your funds up to 180 days, fine you for each such violation and take legal action against you to recover additional losses, investigation costs, finds, or legal fees we may incur. You acknowledge and agree that a fine of US $2,500.00 for violations of our Agreement is presently a reasonable minimum estimate of Company’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Company that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Company may deduct such fines directly from any existing balance in the offending account, or any other ePlata account you control.

19. Disputes with Company

a. Dispute with Company

If a dispute arises between you and Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Company regarding our services may be reported by emailing us at the following email address: support@eplata.com

b. Law and Forum for Disputes; Arbitration

This User Agreement shall be governed in all respects by the laws of the State of Illinois, without regard to conflict of law provisions, except to the extent that federal law applies.

ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, Company will pay the costs of the arbitration (but not your attorney fees), up to $3,000.

This User Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings in the United States.

There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Madison County, Illinois, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within Madison County, Illinois for the purpose of litigating such claims or disputes.

c. Waiver of Right to Jury; Class Action Waiver

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

20. Liability of Company for Failure to Complete Transfers

If Company does not complete a transfer to or from your account, or using your saved payment information, on time or in the correct amount according to this Agreement, Company will be liable for your losses or damages to the extent required by law. Company will not be liable:

• If, through no fault of Company, you do not have enough money in your balance, and Company is unable to charge the transaction to your linked credit card, for reasons including but not limited to you exceeding any applicable credit limit;
• the funds in your account are subject to legal process or other encumbrance restricting their use;
• If the Services were not working properly and you knew about the breakdown when you started the transfer;
• If the failure results from a failure of a financial institution that issues the credit card or debit card linked to your account, or Company is unable to access a linked credit card for any reason other than due to Company’s fault;
• If you provided inaccurate or incomplete information regarding the transfer;
• If the transfer appears suspicious, fraudulent, or unauthorized, and Company cannot confirm that it is a legitimate transfer, or if the account of either user involved in the transfer is under investigation by Company or if the transfer is or appears to be prohibited by any applicable law or rules

21. Disclaimers of Warranty; Damages Exclusions

Unless otherwise prohibited by law, you assume all responsibility for your use of the Services and use them at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Company does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs or other harmful components. On behalf of Company, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, Company makes the following disclaimers set forth in this section: the services are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Company or any of the Covered Third Parties. Neither Company nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or other device.

COMPANY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE SERVICES, AND YOU AGREE TO HOLD COMPANY HARMLESS AND INDEMNIFY COMPANY FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.

Neither Company, the Covered Third Parties nor any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

Company does not have any control over any products or services that are paid for with our services and Company cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so.

Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Company makes no representations or warranties regarding the amount of time needed to complete processing because Company is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

22. Limitations on Liability

Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, Company’s cumulative liability to you for any claims or damages arising out of or related to your use of the Services shall not exceed the greater of the fee you paid to Company for the use of the Services or $1.00 USD.

These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or Company or a Covered Third Party knew or should have known about the possibility of the damages.

These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.

Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

23. License Grant

Certain of the Services require the use of software and software applications provided to you by Company (collectively “Software”). Company and its licensors grant you a limited, nonexclusive license to use Company’s Software that we provide to you solely in accordance with this Agreement and any user documentation we may provide, including all updates, upgrades, new versions and replacements of the Software (all of which become part of the “Software”) for your personal use only in accordance with this Agreement. If the Software will be downloaded to a mobile device, this license extends to your use of the Software on a device that you own or control, as long as your use is permitted by the usage rules set forth for your particular device (for example, the Apple App Store Terms of Use). You may not rent, lease or otherwise transfer your rights in the Software to a third party. You must comply with the implementation and use requirements for the Software contained in this Agreement or in any Services documentation we provide to you. If you do not comply with such implementation and use requirements, you will be liable for all resulting damages suffered by you, Company or any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Company’s software are owned by Company. Your rights to use the Software cease immediately upon termination of this Agreement and you must delete all of your copies of the Software.

24. Indemnification

You agree to defend, indemnify and hold harmless Company and its parent, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.

25. Assumption of Rights

If Company makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your payment, you agree that Company assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Company’s discretion.

26. Release of Company

If you have a dispute with one or more users relating to payment, Company is not responsible for any such dispute and you hereby release Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

27. Modification of Terms

We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days notice to you before the changes become effective. By using the Services after a new Agreement has been posted, you agree to the revised Agreement.

28. Survival

In the event of termination of this Agreement or the Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.

29. Force Majeure

We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.

30. Miscellaneous

This Agreement and other documents (including but not limited to the Privacy Policy) referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this Agreement by this reference, contain yours and our entire Agreement regarding your use of the Services. If any provision of this Agreement is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this Agreement, which together will be construed as if such illegal or unenforceable provision had not been included in this Agreement. Any legal action arising out of your use of the Services must be brought within one year after the cause of action has arisen. The section headings in this Agreement are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this Agreement. You may not transfer or assign any rights or obligations you have under this Agreement without Company’s prior written consent. Company reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. This Agreement is written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of this Agreement conflicts with the English version, the English version controls.

31. Independent Contractors

Independent Contractors. The parties agree they are independent contractors to each other in performing their respective obligations hereunder. Nothing in this Agreement or in the working relationship being established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause, the parties to be treated as partners, joint venturers, or otherwise as joint associates for profit.

HOW TO CONTACT US

If you have questions or concerns regarding this Agreement, or any feedback that you would like us to consider, please email us at support@eplata.com or contact us through our Help Section by submitting a Help Ticket. You may also write to us at ePlata USA, LLC, Attn: Legal Department, 103 West Vandalia Street, Edwardsville, IL 62025, or call us at 1 (866) 739-3156.

REFUND PROCEDURES

If you would like to make a request for a refund of a transaction, please contact us through our Help Section by submitting a Help Ticket or email us at support@eplata.com and provide the following information in your request: full name on the transaction, transaction ID#, transaction amount, transaction date and the reason you are requesting a refund. You may also call the Company customer service team at 1 (866) 739-3156 to request a refund and provide the required transaction details over the phone.

Please note that your request for a refund does not mean that you will be granted a refund and Company shall solely determine whether or not to grant a transaction refund. It is also understood that certain pending transactions may need to clear prior to a reversal of such transaction or any refund being granted to the user.

State Complaint Procedures

Alaska users: If you have concerns with respect to the money transmission activities conducted via this website, you may contact the Alaska Division of Banking and Securities at 907-269-8140, or by mailing this form to 550 West 7th Avenue, Suite 1850, Anchorage, AK 99501.

Florida users: If you are a user in the State of Florida and you still have an unresolved complaint regarding ePlata USA, LLC’s money transmission activity after first contacting ePlata USA, LLC, please direct your inquiry to: Florida Office of Financial Regulation, 200 E. Gaines Street, Tallahassee, FL 32399-0376, or at 1-800-848-3792.

Illinois users: If you are a user in the State of Illinois and you still have an unresolved complaint regarding ePlata USA, LLC’s money transmission activity after first contactingePlata USA, LLC, please direct your inquiry to: Illinois Department of Financial and Professional Regulation at 1-888-473-4858.

You, the person or entity applying for an ePlata account, consent to receive and view disclosures, notices, statements and other communications (collectively, “Disclosures”) from ePlata USA, LLC (“Company” or “we”) relating to your eligible ePlata accounts (“Account(s)”) electronically by any of the following means:

• Text to your mobile phone number (which may include a link to a new Disclosure on the ePlata website (“Website”),
• To your email (or social media network), or
• Notifications from our Web or mobile application (“Application”).

Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Disclosures will include, but may not be limited to, the following:

The ePlata Website, Privacy Policy, and the User Agreement (“Policies and Agreements”);

Disclosures and/or amendments we may provide you under our Policies and Agreements;

Balance, activity and any other information on your Account(s),

Periodic statements, receipts, confirmations, authorizations and transaction history for your Account(s);

Disclosures regarding the resolution of any claimed error on your periodic statements; and

Disclosures required or permitted by law or regulation.

Your Right to Revoke Consent. Your consent is effective until further notice by us or until you revoke your consent to receive electronic Disclosures. You may revoke your consent to receive electronic Disclosures at any time either by contacting us through the “Contact Us” section of the mobile app or Website or submitting your request in writing to: ePlata USA, LLC, Legal Department, 103 West Vandalia Street, Edwardsville, IL 62025.

If you do not consent or if you withdraw your consent, we reserve the right to refuse to accept your Account application, to cancel your Account, place your Account on inactive status, or to provide a paper copy of Disclosures. If you request a paper copy of a Disclosure within 180 days of the date of the Disclosure and we elect to send you a paper copy, we will waive our standard Disclosure Request Fee for the first two requests. After that, any additional Disclosure Requests may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.

SYSTEM REQUIREMENTS: In order to receive Disclosures, whether by text or email, you need to have a means of printing or storing them. So, in addition to having and email address and phone number you must have the following:

• Computer or mobile device with Internet connection;
• A current web browser with cookies enabled;
• A valid email address on file in your Account profile;
• Ability to store or print the Disclosures; and
• If you use a spam blocker, you must add support@eplata.com to your email address book or whitelist.

We reserve the right to change these System Requirements and will provide you with a Disclosure when we make a material change to the System Requirements.

Receiving Texts and emails. In order to receive Disclosures, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to determine your Account is inactive or take other actions as set forth in the User Agreement. You will not be able to conduct any transactions in your Account until you update your mobile phone or email address in your Account profile.

Reservation of Rights. We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your Account profile. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge the Disclosure Request Fee and to increase this fee in our discretion.

Print Disclosures. We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online at a later date.

Your Consent. You agree that (i) we may provide Disclosures to you electronically, on the terms and conditions set forth in this Consent, (ii) the consent shall last until you revoke your consent, and (iii) you meet the System Requirements specified above. If you do not wish to receive Disclosures electronically, you may revoke your consent to receive electronic Disclosures at any time either by contacting us through the “Contact Us” section of the mobile app or Website or submitting your request in writing to: ePlata, Legal Department, 103 West Vandalia Street, Edwardsville, IL 62025. If you revoke your consent, you understand you may not be able to open an Account, your Account may be closed, or you may be charged a Disclosure Request Fee for paper delivery.

General. You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.

Contact us. Except as otherwise provided by law or other agreement between you and us, you may provide us with notices regarding your Accounts by contacting us through the “Contact Us” section of the mobile app or Website, contacting support@eplata.com or mailing us at ePlata, Legal Department, 103 West Vandalia Street, Edwardsville, IL 62025.

PLATA PREPAID VISA® CARD

CARDHOLDER AGREEMENT / TERMS & CONDITIONS

IMPORTANT – PLEASE READ CAREFULLY

1. About Your Card

This Cardholder Agreement (“Agreement”) constitutes the agreement between you, and Sutton Bank, Attica, Ohio (“Sutton Bank” or “Issuer”), outlining the terms and conditions under which the Plata Prepaid Visa Card has been issued to you by the Issuer. The Issuer is an FDIC insured member institution. “Card” means a Personalized Card issued to you by Sutton Bank. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, do not activate or use the Card and call us at 1-833-635-6301 to cancel your Card. “Card Account” means the records we maintain to account for the funds associated with the Card. All Cards are issued by the Issuer and distributed and serviced by Plata and its servicing partner. You may contact Client Services by phone at 1-833-635-6301 or by email at PlataCardServices@pps.io Personalized Card” means the personalized Plata Prepaid Visa Card you will receive in the mail (i) if you register for a Card through ePlata.com. Issuance to you of a Personalized Card is subject to successful completion of the identification verification process and receipt of the Issuer’s approval (see the paragraph of this Agreement below captioned “Important Information about Opening a New Card Account”). “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean the Issuer and its respective successors, affiliates or assignees. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have been loaded into the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not connected in any way to any other account. The Card is not a credit card and will not enhance your credit rating. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable, is not for resale, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is not designed for business use, and we may cancel your Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms and conditions of this Agreement.

Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.

2. IMPORTANT INFORMATION ABOUT OPENING A NEW CARD ACCOUNT

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: when you register a Card, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.

3. Card Registration; Card Activation

CARDS MUST BE REGISTERED PRIOR TO ISSUANCE AND USE.

Registration for Personalized Cards requested through www.ePlata.com will occur WITHIN 3 BUSINESS DAYS FROM the time the Card request is made. If we are unable to verify your identity, you will not receive a Card.

YOU MUST ACTIVATE YOUR PERSONALIZED CARD PRIOR TO USING IT.

To activate your Personalized Card, call 1-833-635-6301. We may refuse to activate your Personalized Card at our sole discretion.

4. Personal Identification Number (PIN)

You will select your PIN during the registration process. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”

5. Authorized Card Users

You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number we will treat this as if you have 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 and conditions of this Agreement.

6. FDIC Insurance

All funds associated with the Card shall be held in an account with the Issuer for your benefit, with the balance of such funds to be reduced through your use of such funds or through the imposition of fees and other charges in accordance with the terms and conditions of this Agreement. If you have provided us with the personal information described in the paragraph above labeled “Important Information about Opening a New Card Account,” then such funds are insured by the Federal Deposit Insurance Corporation (“FDIC”) up to the maximum amount specified by FDIC regulations.

7. Representations and Warranties

By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the United States, Puerto Rico 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 that 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 (vi) you accept the Card.

8. 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.

9. Limitation of Liability

WE 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.

10. Cash Access

With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) that bears the Visa® or Maestro® Acceptance Mark, or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Visa® Mark. All ATM transactions are treated as cash withdrawal transactions. You may use your Card at an ATM, a POS device or through a participating bank (over-the-counter withdrawal), in each case in one or more transactions. The maximum amount that may be withdrawn from an ATM per transaction is $300. The maximum amount that may be withdrawn from a domestic ATM per day is $300.00. The maximum amount that may be withdrawn from an international ATM per day is $300.00. The maximum amount that may be withdrawn from a domestic ATM per month is $1,000.00. The maximum amount that may be withdrawn from an international ATM per month is $1,000.00. The combined maximum cumulative amount that may be withdrawn in any combination from a POS device and/or through a participating bank (over-the-counter withdrawal) per month is $1,000.00. Any funds withdrawn from a POS device or through a participating bank will be subject to the maximum amount that can be spent on your Card per day. If you seek to withdraw cash from a merchant POS device, please note that each merchant may establish limits as to how much cash may be obtained from a POS device at a single time or through a single location. This means that you may need to visit more than one merchant if you are seeking to withdraw cash in an amount which is less than or equal to the total limit above, but more than the limit established by the individual merchant.

11. Loading Your Card

You may add funds to your Card, called “value loading”, at any time. You may add value or reload your Card through one of the following methods: (i) at a retailer participating in the Greendot Reload network, or the ReadyLink Reload Network (a “ReadyLink Reload Retailer) or (ii) direct deposit via ACH through your employer. There is no minimum amount for load via direct deposit. The maximum amount of the load for loading via Greendot or ReadyLink Reload is $1,000.00. For Greendot or ReadyLInk Reload, the maximum amount of each load is $500.00. The maximum number of times you may use a Reload Network to load your Card per day is five(5). The maximum cumulative amount you may load to your Card per day via Greendot or ReadyLink Reload is $1,000.00. The maximum cumulative amount you may load to your Card per month via Greendot or ReadyLink Reload is $5,000.00.

Funds loaded at a Greendot or ReadyLink Reload Retailer will be available for use no later than one (1) hour following the time of the load. Funds from electronic direct deposit will generally be available on the day the Issuer receives the transfer. In case of transmission error, or transfer irregularity, your ability to withdraw funds may be delayed beyond the first day after the Issuer receives the transfer. If this occurs, then funds will generally be available within five (5) business days after the transfer.

THE CARD MAY NOT BE USED TO RECEIVE ANY FEDERAL PAYMENTS OTHER THAN THOSE BEING MADE TO THE PRIMARY CARDHOLDER.

12. Direct Deposit Account

The direct deposit account number associated with your prepaid Card Account cannot be used for preauthorized direct debits from merchants or from utility or Internet service providers. If presented for payment, these preauthorized direct debits will be declined and your payment to the merchant or provider will not be processed. The bank routing number and direct deposit account number are for the purpose of initiating direct deposits to your prepaid Card Account only. You are not authorized to provide this bank routing number and direct deposit account number to anyone other than your employer or payer.

13. Additional Card Features

We may offer additional products, features and services to you in connection with your Card, such as SMS text message and e-mail alerts, mobile account services, bill payment services, a loyalty program, and a savings account. Additional terms and conditions may apply. Call 1-833-635-6301 for additional information and applicable terms and conditions.

14. Using Your Card

The maximum amount that can be spent on your Card per day is $1,000.00. The maximum amount that can be spent on your Card per month is $5,000.00. The maximum value of your Card is restricted to $10,000.00.

You may use your Card to purchase or lease goods or services anywhere Visa® debit cards are accepted as long as you do not exceed the value available on your Card Account. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined. At the time of each purchase using the Card, you may be asked to sign a receipt for the transaction. The dollar amount of the purchase will be deducted from the value associated with the Card.

If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $75.00 or more. If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.

If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash except where required by law. You may not use your Card for online gambling, any illegal transaction or for car rental transactions. We may refuse to process any Card transaction that we believe may violate the terms of this Agreement or applicable law.

Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees. We may deduct any amount that you owe us from any current or future funds associated with this or any other Card you activate or maintain.

For security reasons, we may limit the number or amount of transactions you can make with the Card. You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You may not make preauthorized regular payments from your Card Account using your Card Account’s direct deposit account number. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days or more.

15. Non-Visa Debit Transactions

New procedures are in effect that may impact you when you use your Card at certain merchant locations. In the past, transactions have been processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit transaction or as a Maestro® transaction.

Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the Maestro® network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the Maestro®network. Please refer to the paragraph labeled “Your Liability for Unauthorized Transfers” for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions.

To initiate a Visa debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide your Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.

16. Refunds and Returns

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. The exchange or return of merchandise purchased in whole or in part with the Card will be governed by the procedures and policies of each merchant and applicable law. At the time of any exchange or return, you should present both the merchandise receipt and the Card. If you receive a credit, the credit may not be added to the available funds on the Card for seven (7) business days. The Issuer, Visa U.S.A. Inc., Plata , Inc., or their respective affiliates, employees or agents, including, but not limited to, Plata, Inc. and its affiliates, employees and agents are not responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card or any damages resulting directly or indirectly from the use of the Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

17. Card Replacement

If you need to replace your Card for any reason, please contact us at 1-833-635-6301 to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc. We reserve the right to require an affidavit signed by you and conduct an investigation into the validity of any request. There is a fee for expedited shipping of a replacement Card in the amount shown in the paragraph of this Agreement captioned “Fee Schedule”, which will be deducted from the balance associated with the new Card. It may take up to thirty (30) days to process a request for a replacement Card although we will endeavor to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances.

18. Card Expiration

The Card plastic is valid through the expiration date shown on the front of the Card, except where prohibited or modified by applicable law. The funds associated with the Card do not expire. You will not be able to use your Card after the expiration date; however, you may request a replacement Card at no cost to you by following the procedures in the paragraph labeled “Card Replacement.” The new Card will have a value equal to the remaining balance of the expired Card.

19. Foreign Currency Transactions

If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by Visa into an amount in the currency of your Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa U.S.A. Inc. itself receives, or the government-mandated rate in effect for the applicable central processing date. If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the Issuer may assess a foreign currency conversion fee of 3% of the transaction amount and will retain this amount as compensation for its services. Transactions made outside of the 50 United States, the District of Columbia, Puerto Rico, and other U.S. territories are also subject to this conversion fee even if they are completed in U.S. currency.

20. Receipts

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

21. Card Account Balance/Periodic Statements

You are responsible for keeping track of your Card Account available balance. Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction. You may obtain information about the amount of money you have remaining in your Card Account by calling 1-833-635-6301 or by accessing your Plata account at ePlata.com

22. Fee Schedule

All fee amounts will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law. Anytime your remaining Card Account balance is less than the fee amount being assessed, the balance of your Card Account will be applied to the fee amount resulting in a zero balance on your Card Account.

Direct DepositNoneSee the benefits of signing up under ‘Monthly Fee’.Via Automated Customer Service (1-833-635-6301)None
Replacement Card Fee with Expedited Shipment$35.00 per CardCards will be sent within 2 business days

If you use an ATM not owned by us for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Card.

23. Unclaimed Property

Applicable law may require us to report to state government authorities any funds remaining with respect to your Card after a certain period of inactivity. In that event, we may try to contact you at the address shown in our records. If we are unable to contact you, we may be required to transfer any funds remaining with respect to your Card to state government authorities as unclaimed property.

24. Confidentiality

We may disclose information to third parties about your Card or the transactions you make:

(1) Where it is necessary or helpful for completing transactions;

(2) In order to verify the existence and condition of your Card for a third party, such as merchant;

(3) In order to comply with government agency, court order, or other legal or administrative reporting requirements;

(4) If you consent by giving us your written permission;

(5) To our employees, auditors, affiliates, service providers, or attorneys as needed;

(6) In order to prevent, investigate or report possible illegal activity;

(7) In order to issue authorizations for transactions on the Card;

(8) As permitted by applicable law; or

(9) Otherwise as necessary to fulfill our obligation under this Agreement.

Please see our Privacy Policy, available at https://www.suttonbank.com/documents/Privacy_Policy.pdf for further details.

25. Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

(1) If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;

(2) If a merchant refuses to accept your Card;

(3) If an ATM where you are making cash withdrawal does not have enough cash;

(4) 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;

(5) If access to your Card has been blocked after you reported your Card lost or stolen;

(6) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;

(7) If we have reason to believe the requested transaction is unauthorized;

(8) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

(9) For any other exception stated in our Agreement with you or by applicable law.

26. Your Liability for Unauthorized Transfers

Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at 1-833-635-6301. Under Visa U.S.A. Inc. Operating Regulations, your liability for unauthorized Visa debit transactions on your Card Account is $0.00 if you notify us within two (2) business days and you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to PIN transactions not processed by Visa or to ATM cash withdrawals. If you notify us within two (2) business days of any unauthorized transactions, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00.

Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled “Your Right to Dispute Errors”. If you do not notify us in writing 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 and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. Upon your request, we will issue you a replacement Card.

27. Assignment; Applicable Law; Severability

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our 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 Ohio except to the extent governed by federal law.

28. Amendment and Cancellation

We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on our website at ePlata.com, and any such amendment shall be effective upon such posting to that website. The current Agreement is available at www.ePlata.com. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. There is a fee for this service. Please refer to the paragraph of this Agreement captioned “Fee Schedule” above. The Issuer reserves the right to refuse to return any unused balance amount less than $1.00. Any request for a return of funds shall be processed within a reasonable period of time after your request.

29. Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, call 1-833-635-6301 if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 1-833-635-6301 You will need to tell us:

1. Your name and Card Account number

2. Why you believe there is an error, and the dollar amount involved

3. Approximately when the error took place

If you provide this information orally, we may require that you send 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 to investigate your complaint or question. If we decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If you do not have federal payments (for example, Social Security benefits, tax refunds or other government payments) deposited to your Card Account, we may not credit your Card. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card.

For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question.

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section. If you need more information about our error-resolution procedures, call 1-833-635-6301.

30. No Warranty of Availability or Uninterrupted Use

From time to time the Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information from your Card, including the available balance of funds associated with your Card. Please notify us at the Customer Service number stated below if you have any problems using your Card. You agree that the Issuer, Visa U.S.A. Inc., ABC , Inc., and their respective affiliates, employees, or agents, including, but not limited to, ABC, Inc. and its affiliates, employees and agents, are not responsible for any interruption of service.

31. Website Availability

Although considerable effort is expended to make our website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

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.

32. English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

33. Customer Service

For customer service or additional information regarding your Card, please contact us at 1-833-635-6301 or at ePlataCardServices.pps.io

Customer Service agents are available twenty-four (24) hours a day, seven (7) days a week to answer your calls.

34. Telephone Monitoring/Recording

You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.

35. No Warranty Regarding Goods or Services as Applicable

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

36. Section Headings

Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.

37. Entire Understanding

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.

38. Arbitration

Any claim, dispute, or controversy (“Claim”) between you and us arising out of or relating in any way to this Agreement, your Card, your purchase of the Card, your usage of the Card, or transactions on the Card, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.

We will pay the initial filing fee to commence the arbitration.

You and we will have every remedy available in arbitration as you and we would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finally and exclusively by the arbitrator. The arbitrator’s award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

Solely for purposes of this Section 39 (Arbitration), “We” or “Us” shall mean the Issuer, and its respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the Card.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD, SAVE YOUR RECEIPT AND CALL US AT 1-833-635-6301 TO CANCEL YOUR CARD AND TO REQUEST A REFUND.

This Cardholder Agreement is effective (May 2018).

USER FEES

ePlata charges the following fees for PERSONAL account users:

* ePlata conversion rates used include a small mark-up from mid-market rates

ePlata charges the following fees for BUSINESS account users:

* ePlata conversion rates used include a small mark-up from mid-market rates

MAXIMUM TRANSACTION LIMITS – U.S. DOLLARS

For maximum transaction amount limits ePlata assigns users with one of three levels of classification and maximum limits are set in U.S. Dollars for each specific level. For all other currencies, maximum transaction amount limits are set at the greater of: i) maximums set by the applicable federal, state or local government or other regulatory body; or ii) the U.S. Dollar amount in such currency after currency conversion at the current mid-market foreign exchange rate, rounded to the nearest whole number. All users by default are classified at level one. Users may be moved to level two or level three if certain user identification and other information is received and vetted by ePlata.

ePlata has the following MAXIMUM transaction amount limits for all user accounts:

MINIMUM TRANSACTION LIMITS – U.S. DOLLARS

Minimum transaction amount limits are set in U.S. Dollars and apply to the transaction types listed in the table below. For all other currencies, minimum transaction amount limits are set at the lesser of: i) minimums set by the applicable federal, state or local government or other regulatory body; or ii) the U.S. Dollar amount in such currency after currency conversion at the current mid-market foreign exchange rate, rounded to the nearest whole number.

ePlata has the following MINIMUM transaction amount limits for all user accounts:

* FX conversion minimums for non-USD are general equivalents in such currency (e.g. Mexican Pesos is $100 MXN, etc).

EXCESSIVE TRANSACTIONS FEES

All users that execute more than one hundred (100) transactions of a specific transaction type (e.g. send money, receive money, withdrawal, etc.) in a calendar month will be charged the excessive transaction fees listed in the table below for each transaction of such specific type in excess of one hundred (100).

ePlata has the following excessive transaction fees for all user accounts:

ePlata is a licensed provider of money transfer services and is registered with the U.S. Dept. of the Treasury as a Money Services Business. ePlata is licensed in the following jurisdictions:

NOTE: Information vertically ordered by Jurisdiction and Regulatory Agency

ALABAMA

Alabama Securities Commission

ALASKA

Alaska Division of Banking and Securities

PO Box 110807 Juneau, AK 99811-0807

Phone #: 1-888-925-2521 or 907-465-2521

Email: moneytransmitters@alaska.gov

ARIZONA

Arizona Department of Financial Institutions

ARKANSAS

Arkansas Securities Department

GEORGIA

Georgia Department of Banking and Finance

FLORIDA

Florida Office of Financial Regulation

IDAHO

Idaho Department of Finance, Securities Division

ILLINOIS

Department of Financial and Professional Regulation

IOWA

Iowa Division of Banking, Finance Bureau

KANSAS

Kansas State Bank Commissioner

LOUISIANA

Louisiana Office of Financial Institutions

MASSACHUSETTS

Massachusetts Division of Banks

MICHIGAN

Michigan Department of Insurance and Financial Services, Consumer Finance Section

MINNESOTA

Department of Commerce, Financial Institutions Division

Minnesota Fraud Warning

Customers of ePlata USA LLC should be aware that many people fall victim to fraudulent schemes to induce them to transmit money to criminals posing as friends, family, or other trusted parties. Before you transmit money, be sure to make certain you know who is requesting the money. For example, you may want to confirm email messages by talking to others who know the sender. If you suspect fraud in an ePlata transfer, please call Customer Support at 866-739-3156.

MISSISSIPPI

Mississippi Department of Banking and Consumer Finance

MISSOURI

Missouri Division of Finance

MONTANA

Montana Secretary of State

NEBRASKA

Nebraska Department of Banking and Finance

NEW MEXICO

Financial Institutions Division, Money Services Business Unit

NEVADA

Department of Business and Industry, Money Services Business Unit

NORTH CAROLINA

North Carolina Commissioner of Banks, Non-Depository Entities

NORTH DAKOTA

North Dakota Department of Financial Institutions

OKLAHOMA

Oklahoma Banking Department, Director of Nondepository Institutions

OREGON

Department of Consumer and Business Services, Division of Financial Regulation

RHODE ISLAND

State of Rhode Island Department of Business Regulation, Division of Banking

SOUTH CAROLINA

Office of the Attorney General

SOUTH DAKOTA

South Dakota Division of Banking

TENNESSEE

Tennessee Department of Financial Institutions

WASHINGTON

Washington Department of Financial Institutions

WISCONSIN

Wisconsin Department of Financial Institutions, Division of Banking

ePlata is currently in the application process for all remaining U.S. states that require money transfer licenses