Savings Account Terms & Cond.

SAVINGS ACCOUNT TERMS AND CONDITIONS

ARBITRATION NOTICE: THESE TERMS INCLUDE AN ARBITRATION AGREEMENT. UNLESS YOU PROPERLY REJECT THE ARBITRATION AGREEMENT OR THE ARBITRATION AGREEMENT DOES NOT APPLY BECAUSE OF THE MILITARY LENDING ACT, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE WITH US. FOR EXAMPLE, IN ARBITRATION YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION.

I. OVERVIEW

These Savings Account Terms and Conditions (“Terms”) contain the disclosures and terms governing an account (the “Account,” “Security Deposit Account,” or the “Savings Account”) established for you through toWealth, LLC (“toWealth”) for deposits of yours held at The Bank of Missouri, (“The Bank of Missouri” or the “Bank”) a member of the Federal Deposit Insurance Corporation (“FDIC”).

Deposit holding and banking services are provided to you by the Bank. toWealth administers and services the Account on behalf of the Bank. toWealth is not a bank. You hereby appoint toWealth as your agent to act on your behalf with respect to your Account and in delivering your instructions to the Bank concerning your Account. The Bank will only accept instructions concerning your Account from toWealth.

The terms “we,” “our” and “us” refers to the Bank, its successors, affiliates or assignees or toWealth as the administrator for the Account. “Customer,” “Account Owner,” “you” or “your” refers to the owner of the funds in the Account and anyone else that an Account holder gives Account access to. The term “day” refers to a calendar day, and the term “Business Days” means Monday through Friday, excluding standard holidays observed by the Federal Reserve System. The capitalized words not defined in these Terms have the meanings set forth in Exhibit A to the Cardholder Agreement.

The Account is governed by these Terms and the related account agreements, terms or authorizing documents, including but not limited to the Pricing Schedule, the Card Account Disclosures, the toWealth Cardholder Agreement and the Security Agreement associated with your Card Account (i.e., the credit card account issued by The Bank of Missouri that you may use to make Purchases or to obtain Cash Advances to you from time to time, subject to the terms of the Cardholder Agreement). Review the Security Agreement carefully. The Security Agreement contains material limitations on this Account.

The Account is accessed through the toWealth Mobile App (the “App”). Each Customer is responsible for providing the Bank through toWealth with a correct and operational email address. Customer must promptly notify the Bank through toWealth of any change to Customer’s email, phone number or postal mailing address, or if Customer is unable to access the Account information through the App. Neither the Bank nor toWealth is responsible for any costs Customer incurs to maintain internet access or an email account.

These Terms explain how your Account works, what fees are applicable to your Account and the policies, terms and conditions that govern your Account. Please read these Terms and keep them for your records. We will email a copy of these Terms to you and/or make them available through the App.

Customer service or additional information regarding your Account is available through the App or by contacting toWealth at:

Customer Service: (800) 988-7782—Business Days, 8:00 AM to 5:00 PM Mountain Time (“MT”)

Via U.S. Mail at the Notice Address:

toWealth Cardmember Services
725 E. Covey Lane, Suite 130
Phoenix, AZ 85024

Via Email: support@towealth.com

II. ACCOUNT OPENING

All Accounts must be opened through the web application and/or App in connection with the establishment of a Card Account. Accounts may not be opened by telephone or U.S. Mail or other means.

The Account is available to individuals residing in the United States and the District of Columbia, with some state restrictions, who are at least 18 years of age with a valid Social Security or ITIN number that have a Card Account. You may not open an Account unless you first open a Card Account. You also must consent to electronic communications and agree to receive electronic, rather than paper statements. Accordingly, (i) you must keep us up-to-date with your valid email address and phone number; and (ii) you must agree to accept electronic delivery of all account communications (which can include periodic electronic statements as well as year-end tax forms). If you do not agree to receive Communications electronically or you later revoke any required consent (by contacting us at the number above), you may be in default under your Cardholder Agreement, and we may close your Savings Account and/or your Card Account or otherwise exercise our rights and remedies under your Cardholder Agreement and Security Agreement. Any funds in your Savings Account may be applied to your Card Account and will be returned to you only as provided in your Cardholder Agreement and Security Agreement. Accounts may only be opened by natural persons and may only be used for personal, family, or household purposes. Accounts may not be opened or maintained by businesses or used for business purposes.

Accounts may not be opened in the name of a trust or other legal entity or by a fiduciary (e.g., executor, conservator, guardians, trustees, etc.). If, however, a fiduciary is appointed by a court or by operation of law after Account opening, we may allow the fiduciary to access and control an Account on a temporary basis; thereafter, the Account will be closed.

By submitting an application and using the services provided by us described herein, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) you have provided us with a verifiable U.S. street address (not a P.O. Box) where you reside; (iii) the personal information that you provide to us in connection with the Account is true, correct and complete; and (iv) you received a copy of these Terms, the Cardholder Agreement and the Security Agreement and agree to be bound by and to comply with the Agreements and these Terms.

To help the government fight the funding of terrorism and money laundering activities, Federal law requires us to obtain, verify, and record information that identifies each person who opens an Account.

What this means for you: When you open an Account, 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 your driver's license or other identifying documents.

You authorize us and our agents and service providers to use the information you provide at the time of Account opening to verify your identity or confirm information about you. If we are not able to validate the identity or authenticity of the Account Owner, the Account may not be opened. We reserve the right to not open an Account for anyone at our sole discretion. We may also limit the number of Accounts that you have at our sole discretion. We do not allow for joint ownership of Accounts, so only one person can be the Account Owner. If you permit another person to use your Account by providing such person with your login information (“Credentials”), such permission will be deemed to extend to all transactions made by that person and will continue until you take the necessary steps to prevent such person from making further transactions using the Account to the fullest extent permitted by law. You will be responsible for and obligated for all Account transactions made by such person(s), whether you intended to be responsible for such charges to the fullest extent permitted by applicable law.

Your Account is an online deposit account, the primary purpose of which is to secure your Card Account. We may permit you to make certain payments on your Card Account or make withdrawals through other means or at other times as we may make available from time to time. You authorize us to initiate a payment to the “Linked External Account,” which is an account you own at an external financial institution if the external financial institution account has been registered (linked) at the Bank through the App and any substitute account that you or your financial institution may provide, in the event you or we close your Account with funds on deposit in excess of any Card Account balance; or we otherwise determine that we owe you money. In the event that a transfer to the Linked External Account fails, you authorize us to mail a check in the amount of the transfer to the mailing address we have on file for you.

Deposits may generally be made by ACH transfer from the Linked External Account, by your Security Deposit Account Payment (i.e., the portion of your Minimum Payment on your Card Account that is contributed to the Account), by another payment on your Card Account that you direct into this Account and that we permit or by any other means we may make available from time to time. However, limits apply to certain types of transfers from your Account, and we reserve the right, subject to applicable law, to modify or restrict the methods available to you to make deposits. See Sections III.3 and IV below for more details. The Credit Limit on your Card Account may increase as set forth in your Cardholder Agreement to the extent your Account balance sufficiently exceeds the balance you owe us under your Card Account. Funds in the Account secure Purchases, Cash Advances, interest, and fees you owe us under the Card Account and are subject to severe limits on withdrawal while you owe us any money. See the Security Agreement for more details.

These Terms and the deposit relationship do not create a fiduciary relationship between you and us. You and the Bank are solely in a creditor-debtor relationship and you and toWealth are solely in an agency relationship.

III. ONLINE ACCOUNT; TRUTH IN SAVINGS DISCLOSURE

toWealth will fund your Account with an initial $5 deposit upon establishment of the Card Account. There is not otherwise a minimum opening balance requirement.

The interest rate on your Account is a variable interest rate. This means your interest rate and annual percentage yield (“APY”) may increase or decrease as we may decide, at our discretion at any time. There are no limits on changes to the interest rate or APY. The initial interest rate is <SAVINGS_RATE>% and the initial APY on your account is <SAVINGS_APY>%. Interest will be compounded. Interest will be credited on a monthly basis. If your Account is closed or terminated before interest is credited, you will forfeit any accrued but unpaid interest. We use the average daily balance method to calculate the interest on your Account. This method applies a periodic rate to the average daily balance in the Account for the applicable period using the interest rate in effect at the time of the calculation, with interest compounding monthly. The average daily balance is calculated by adding the principal in the Account for each day of the period and dividing that figure by the number of days in the statement period. Interest begins to accrue on the business day a deposit is made.

Unlike a standard savings account, there are strict limits on withdrawals from and deposits to the Account. We may only permit transfers from or into a Linked External Account and against your credit card balance. Aside from the foregoing, you may not otherwise make withdrawals from the Account while it is open. While your Card Account remains open and you owe any amount under your Cardholder Agreement, you have no right to make withdrawals from the Savings Account, except as expressly required by applicable law or as we expressly permit. After your Card Account is paid in full and closed, you may withdraw funds from your Savings Account as described in these Terms. We may impose a maximum deposit limit of $1,000 or a lesser amount in the event we suspect fraud or Account misuse. While we will credit Account deposits as required by applicable law, you may not immediately have access to any associated credit line increase on the Card Account until the associated deposit clears. We reserve the right to alter these limits based on individual account and risk factors.

Pursuant to federal law, the Bank reserves the right to require you to give us written notice of your intention to make a withdrawal seven (7) days before the withdrawal is made for savings accounts and personal interest-bearing checking accounts. By permitting you to make a withdrawal without requiring seven (7) days’ prior notice, we are not waiving our right to require the notice.

We currently do not impose service charges or fees for the Security Deposit Account and associated Account services. We may offer additional products, services and features from time to time, and the fees for those offerings will be disclosed to you at the time they are offered. However, there are some situations where a third party may charge additional fees. Please also see the Cardholder Agreement for an explanation of fees associated with your Card Account. We will not be liable for dishonoring any withdrawal orders or refusing any transaction requests because of non-sufficient funds resulting from proper deduction of fees or amounts owed to us.

IV. DEPOSITS AND WITHDRAWALS

You may make deposits into and withdrawals from your Account as described in this subsection, subject to the other limitations specified in these Terms and the Security Agreement. We do not accept any deposits made in cash or deposits denominated in any foreign currency.

Your periodic payments on your Card Account will pay down the amount you owe us under the Card Account and simultaneously fund your Security Deposit Account, which grows into a savings fund over time. You may, at your option, make additional deposits into your Security Deposit Account from a Linked External Account, which may increase your Credit Limit on your Card Account to the extent your Security Deposit Account balance sufficiently exceeds the balance you owe us under your Card Account.

Subject to applicable law, if you fail to make any required payment on your Card Account when due or are otherwise in default under your Cardholder Agreement, we may, at our option and without prior notice to you, withdraw some or all of the funds from your Savings Account and apply them to amounts you owe under your Cardholder Agreement and Security Agreement, in such amounts and at such times as we determine in our discretion. We may do so at our option until all past due amounts under the Cardholder Agreement are paid in full; provided, however, that, we will never initiate a withdrawal if initiating it would result in a series of at least three consecutive withdrawals that occur at substantially regular intervals. In addition, upon any default, you hereby authorize us to withdraw from the Security Deposit Account as a payment on the Card Account the full amount owing to us (or any lesser amount determined by us). You have no right to initiate withdrawals from your Savings Account while your Card Account is open, unless we expressly permit a withdrawal, and you owe any amount under your Cardholder Agreement. After your Card Account has been paid in full and ended, you may withdraw any remaining funds in your Savings Account in accordance with these Terms and the Security Agreement.

If we receive a deposit before 5:00 PM CT on a Business Day, we will consider that Business Day to be the day of your deposit. However, if we receive a deposit on or after 5:00 PM CT or on a non-Business Day, we will consider the deposit as having been made the next Business Day. See section “VII. Funds Availability” for information on when deposited funds will be available.

Requests for withdrawals to be made using the App for (i) an ACH Transfer; or (ii) and an internal transfer between the Account and a settlement or other account held at the Bank, which are received before 3:00 PM CT on a Business Day, shall be considered received on that Business Day. The Bank reserves the right to require seven (7) days advance notice before permitting a withdrawal for savings accounts and personal interest-bearing checking accounts.

Linking an External Account to Your Account at the Bank

You may initiate an ACH Transfer to transfer funds between your Account at the Bank and a Linked External Account. Once your external account is linked, you may go to the App to initiate an ACH Transfer to or from the Linked External Account subject to the applicable limitations set forth in these Terms and the Security Agreement.

3. Deposit and Withdrawal Requirements:

V. YOUR ACCOUNT

Deposit insurance protection covers funds on deposit in any Account maintained with the Bank. This insurance protection is provided by the FDIC, an agency of the United States government. The standard insurance amount provided by the FDIC is currently $250,000.00 per depositor at the Bank, for each account ownership category. The availability of FDIC deposit insurance coverage for the Security Deposit Account protects against the failure of The Bank of Missouri, and not toWealth. toWealth is not a bank.

For more specific and detailed information pertaining to your FDIC insurance coverage, you should visit the FDIC web site at www.fdic.gov. This website has many helpful tools including deposit insurance brochures titled “Your Insured Deposits” and “Deposit Insurance at a Glance,” and an online Electronic Deposit Insurance Estimator (EDIE) at www.fdic.gov/edie. You may also contact the Federal Deposit Insurance Corporation by mail at Deposit Insurance Unit, National Center for Consumer and Depositor Assistance (NCDA), 550 17th Street N.W., Washington, D.C. 20429, or by telephone at 1-877-ASK-FDIC (1-877-275-3342).

You may give another person (called an “attorney in fact”) authority to act on your behalf by giving that person a power of attorney. To add an attorney in fact to your Account, you must provide power of attorney documentation that meets our requirements. Subject to applicable law, we may refuse to accept a power of attorney that does not meet our requirements or was not issued within the past two (2) years and require that you provide an updated power of attorney. Subject to applicable law, we may, in our sole discretion, refuse to honor any power of attorney or refuse to permit your attorney in fact to access and otherwise transact through your Account. An attorney in fact may not open an Account on your behalf. Once we accept your power of attorney, we may allow your attorney in fact to access and otherwise transact through your Account unless or until we receive and have had a reasonable opportunity to act on written notice that you have died or that the power of attorney has been revoked. We have no duty to monitor or ensure that the acts of your attorney in fact are for your use or benefit or are otherwise permissible under applicable law. We will not be liable if your attorney in fact exceeds his or her powers or does not comply with your instructions or applicable law. You agree to hold us harmless from and against any actions we take based upon the instructions of your attorney in fact or that your attorney in fact takes regarding your Account, unless or until we receive and have had a reasonable opportunity to act on written notice that you have died or that the power of attorney has been revoked.

You agree that your authorized representative will notify us immediately if you die or are declared legally incompetent. If we have reason to believe you have died or been declared legally incompetent, we may place a hold on the Account to retain funds and refuse to accept deposits or to permit withdrawals until we know and have verified the identity of your duly appointed representative. We will require proof of death or adjudication of incompetence (e.g., certified copy of court order, death certificate, or official record). Until we receive notice and any required proof of death or incompetence, we may act as if you are alive and competent. In the event we receive written notice from a personal representative, executor, administrator, conservator, or guardian purporting to represent you or your estate, we shall be entitled to rely on all information supplied and representations made in such written notice to the full extent permitted by applicable law. If certain payments originating from government entities are deposited into your Account after your death, we may be required to return those payments to the originator upon notice. If a withdrawal is made from an Account before a deposit subject to recall by a government or other entity is returned, you agree that your duly appointed representative shall be liable for such recalled payment.

Electronic statements are available to view and print through the App and/or by email. Account statements are presumed to be correct. However, you should carefully review your statements each statement period and notify us of any errors within sixty (60) days of your statement becoming available. If you need your sixty (60) day history of your Account transactions, please review your statements in the App, or send us an email at support@towealth.com. You will generally not receive paper statements. We reserve the right to close your Account and refund you any balance we may owe you in the event that you revoke authorization to provide statements to you electronically.

You agree that we are entitled to rely upon the mailing address, e-mail address and telephone number you provide to us. You must promptly notify us of any change in your mailing address, your email address and/or your telephone number. Notice of availability of Account statements and other important Account documents are sent to the last email address you have provided to us. Account statements and other important Account documents will be deemed to be provided to you when an email is issued alerting you that such materials are available through the App or are otherwise made available to you.

Keeping Your Accounts Active

Under applicable state abandoned property statutes, your Account will be considered inactive (dormant) and we may be required to send to the appropriate state the balances in your Account unless you have, within a specified period of time, contacted us or conducted activity related to your Account, including, for example:

• Depositing or withdrawing funds (may exclude certain preauthorized and automatic deposits or withdrawals);
• Updating your address;
• Signing in to your Account through the App; or
• Writing or calling us concerning your Account.

In general, the laws of the state of your last known address (as recorded in our records) will govern when your Account is considered dormant. Prior to remitting any balances in your Account to the appropriate state, we will attempt to contact you, as required by applicable law, using the contact information you have provided to us.

Legal process includes any garnishment, execution, writ of attachment, levies, tax levy or withholding order, restraining order, subpoena, search warrant, injunction, government agency request for information, forfeiture or seizure, and other legal process relating to your Account.

We may, but are not required to, provide notice of legal process relating to your Accounts. You acknowledge and agree that we may accept, act upon, and respond in our discretion to any legal process we believe to be valid, regardless of how and where it is served, including if process is served in locations, states, or jurisdictions other than where the Account was opened or where the account, property, or records are located.

We may comply with legal process even though it affects the interests of only one owner on the Account. Regardless of any action we take, we are not waiving any rights of exemption you may have under any federal or state laws. You are responsible for invoking any exemption rights we do not otherwise assert on your behalf.

If the legal process requests information regarding either the Account owner, we may release information about the owner on the Account, even though some may not be covered by the legal process.

We may hold and turn over funds or other property to a court or creditor as directed by the legal process, subject to our right of setoff and any security interest we have in the funds or other property. If we hold or turn over funds, we may refuse to permit withdrawals from your Account. We do not pay interest on the funds during the period we hold them pursuant to legal process.

Any fees and expenses (including administrative expenses) or losses that we incur as a result of responding to each legal process related to your Account are your responsibility. We may charge these costs to, and deduct them from, any deposit account you maintain with us without prior notice to you. Fees and expenses may include legal fees, if awarded by a court.

As long as any legally required disclosures are given, we will have a continuing lien on amounts in your Account as security for all your liabilities to us, whether direct, contingent, past, present or future. At any time, your matured liabilities may be automatically set-off either in whole or in part against any of your accounts, even though other persons may have an interest in those accounts. Such liabilities include, to the extent permitted by law, those that may arise from other products or services you have obtained from us except credit cards that are not secured by this Account. This set-off will discharge us from all liability in connection with such accounts. In order to protect our right of set-off, if you file for bankruptcy, we may place a temporary administrative hold on your account. While this hold is in effect, no checks, items, debits, fees, charges, transfers or withdrawals, regardless of how initiated, will be permitted. To the extent permitted by law, we reserve the right to set-off against direct deposits of Social Security benefits and other federal, state and/or local government benefits. This Section V.8, captioned Right of Set-Off, does not apply to a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account, an individual retirement account, any other tax-deferred retirement account or any other account that receives special tax treatment.

If your Security Deposit Account is closed by you or by us, your Card Account may also be closed, and we will treat such closure as provided in your Cardholder Agreement.

Without limiting any other right or remedy that we may have under these Terms or otherwise, we may suspend or close your Account for any reason with or without notice, including if we, at any time, believe you are using the Account for fraudulent or illegal purposes, or you or the Account otherwise presents an undue risk to the Bank and/or toWealth as determined in our sole discretion. Such reasons include, but are not limited to:

• Your use conflicts with any federal, state or local law, rule or regulation, including federal foreign asset control and sanction rules and anti-money-laundering rules, or with our policies adopted to assure that we comply with those laws, rules or regulations.
• We receive a court order or other legal request to suspend or close your Account.
• Your non-fraudulent actions nonetheless violate any part of these Terms.
• We have reason to believe there has been or may be an unauthorized use of your Account.
• We are unable to verify your identity or authority to use the service to our satisfaction.
• Your Account is not in good standing.
• We believe that your use of the service could expose the Bank and/or toWealth to increased risk.

If our monitoring of the Account detects any such activity, the Account funds will be subject to a hold pending review of the activity by the Bank and/or toWealth. The Bank and/or toWealth may require you and other parties to the activity to produce documents and/or other materials evidencing the validity of the activity. Funds on deposit in any Account are subject to hold at our discretion until the source of such funds and/or the activity is properly verified. You understand and agree that such action is reasonable for us to take in order to protect the Bank and/or toWealth from loss. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Account.

Upon closure of your Savings Account and/or Card Account, to the extent permitted by applicable law, we may first apply any funds in your Savings Account to the outstanding balance on your Card Account and to any other amounts you owe under the Agreements. We may require, to the extent permitted by applicable law, that your Card Account balance be paid in full before we return any remaining funds in your Savings Account, and any such return will be made in accordance with your Cardholder Agreement and Security Agreement. We may refuse to pay any debits or other items presented or re-presented for payment after your Account is closed or restricted, but we are not obligated to refuse payment of those debits or other items. We will not be liable for the non-payment of any debit or other item presented after your Account is closed or restricted. Except as may be limited by applicable law, you agree to hold us harmless from and against any losses arising from, or in any way relating to, our refusal to pay or release funds in accordance with this section.

In the event that toWealth partners with another financial institution to offer a secured card program that replaces the program under which we offer this Account, you authorize us to close this Account and transfer any balance in this Account owed to you to such other financial institution to be held for your benefit.

We will generally seek to initiate a return of funds that you request or that results from closure within 10 business days. However, in the event that (i) we, in good faith, suspect fraud in connection with the Account or Card Account, (ii) there has been unusual activity in your Account or Card Account (including, e.g., recent large deposits), or (iii) there are pending/non-settled/unposted/disputed transactions on the Account or Card Account (each, a “Funds Return Delay Event”), we may delay seeking to initiate a return of some or all of your funds until we have been able to determine to our satisfaction that such funds should be returned. You agree to cooperate in any investigation we undertake in connection with a Funds Return Delay Event, including by providing information we may request about specific transactions in the Account or Card Account.

You agree to comply with the NACHA Operating Rules and all applicable U.S. laws and regulations, including but not limited the economic and trade sanctions promulgated by the Office of Foreign Assets Control of the U.S. Department of the Treasury, and not to use your Account for illegal transactions or activities. You may not use your Account or any Account-related service to process Internet gambling transactions or conduct any activity that would violate applicable law. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the amount in question while we investigate the matter.

We may make adjustments to your Account to reflect corrections or changes to your balances, fees and penalties (if any). For example, adjustment may occur if deposits or withdrawals are posted for the wrong amount, posting is delayed, or items are returned unpaid for any reason. In the event of an error or something else that has caused an overstated balance, you agree to reimburse us for the overstated amount. See the Cardholder Agreement and Security Agreement for other transfers that we may make to or from your Account.

You authorize us to use information we have about you and share that information with our affiliates and third parties, except as provided by law or The Bank of Missouri Privacy Notice or the toWealth Privacy Policy. For details about how we treat information we have about you, consult The Bank of Missouri Privacy Notice and the toWealth Privacy Policy.

You acknowledge that data, including emails, may be accessed by unauthorized third parties when communicated between you and the Bank, using the Internet (for example, by such a third party downloading spyware or malware onto your computer), telephone, or other electronic devices. We are not responsible for any misdirected data or disclosures that occur as a result of your use of third-party electronic communication channels.

You agree that your telephone communications with us or the Servicing Parties may be monitored, recorded, and retained by any of them for training, quality control, evidentiary and other purposes. However, we are not under any obligation to monitor, record, retain, or reproduce such items, unless required to do so by applicable law. You expressly consent and authorize us and any of the Servicing Parties to contact you at any telephone number (including wireless, landline, and VOIP numbers) that you provide to us in your application, or any number you have previously provided to a Servicing Party, regarding the Servicing Parties’ servicing and/or collection of amounts you owe under your Card Account, or any other transaction or agreement involving you and the Servicing Parties or otherwise, now or in the future. The Servicing Parties may use auto dialers, pre-recorded messages, text messages, ringless voicemail drop, or similar technologies, in order to provide alerts and other information regarding your current or future applications, the Agreements, the Card Account, the Security Deposit Account, and/or any other accounts, products, and services you have or may have with us. Message and data rates may apply. You also expressly consent to the Servicing Parties sending email messages regarding these Terms or your relationship with us or a Servicing Party to your email address, including emails delivered to a cell phone or mobile device. You agree that you will accept calls at your home, place of business, or on a mobile telephone regarding the Agreements and your relationship with us or a Servicing Party. You understand that calls may be automatically dialed and a message played; you understand and agree that these calls and messages may be read or listened to by anyone with access to your telephone or email account, and that such calls are not “unsolicited calls” for purposes of any state or federal law; and you expressly consent to receive such calls and messages. You agree that the Servicing Parties are not liable for any resulting breach of privacy or for any charges or costs you incur in connection with text messaging, emails, or other communications that a Servicing Party may send you. To revoke authorization for any calls and texts for which your authorization is required by applicable law, email us at support@towealth.com or call us at (800) 988-7782.

VI. ADDITIONAL TERMS

Accounts or services may change over time. We reserve the right to delay, discontinue, or make changes to your Account or services, and to convert your existing Account and services into new types of accounts and services. We may change these Terms from time to time, and the revised Terms will supersede all prior versions. The current Terms are available through the toWealth App. We will provide notice of changes, additions, or deletions as required by law. Unless we are required to provide you with advance notice, any such change will be binding on you when we mail you notice or make it available to you. If we are required to provide you with advance notice and you do not agree with a change, you may close your Account before the effective date. If you close your Account, your Card Account will also be closed, and our rights and your obligations upon such closure will be governed by the Cardholder Agreement and Security Agreement. Your use of your Account after the effective date of a change constitutes the acknowledgement of your acceptance of such change.

Your Account is not transferable and is not assignable as collateral for a loan by another party to you (other than your Card Account) or for any other purpose. These Terms will be binding on your personal representative, executors, administrators and successors, and on our successors and assigns.

You agree that any act or omission made by us in reliance upon or in accordance with any provision of the Uniform Commercial Code as adopted in the State of Missouri, or any rule or regulation of the State of Missouri or a federal agency having jurisdiction over the Bank, shall constitute ordinary care.

You agree to indemnify and hold the Bank and toWealth harmless from any losses, damages, suits, costs and expenses, including reasonable attorneys’ fees, which we may incur as a result of taking any action or not taking any action that we are entitled to take pursuant to these Terms or relying upon instructions or information from you.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THESE TERMS IF SUCH FAILURE OR DELAY IS CAUSED BY YOUR NEGLIGENCE, ACTS OR OMISSIONS OF THIRD PARTIES, INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE BANK OR TOWEALTH, PROVIDED THE BANK AND TOWEALTH EXERCISED SUCH DILIGENCE AS THE CIRCUMSTANCES REQUIRE. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE BANK AND TOWEALTH SHALL BE EXCUSED FROM SUCH FAILURE TO ACT OR DELAY AS LONG AS SUCH CIRCUMSTANCES PREVAIL, AND THE BANK AND TOWEALTH CONTINUE TO USE COMMERCIALLY REASONABLE EFFORTS TO RECOMMENCE PERFORMANCE. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED AND WE WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND.

This Indemnification and Limitation of Liability subsection does not, in any case, reduce our liability to you as described in the section “VIII. Electronic Fund Transfer Disclosure and Terms.”

We may or may not report information about your Account to consumer reporting agencies, including negative information, such as information concerning insufficient funds, overdrafts, or other defaults on your Account, and this information may be reflected in your report with a consumer reporting agency. Any reporting under these Terms, is separate from reporting under your Card Account. Please see your Cardholder Agreement for information on reporting under that agreement.

If any part of these Terms is determined to be invalid or unenforceable, under applicable law or regulation, such determination will not affect the validity or enforceability of the remainder of these Terms. The rights of the Bank and toWealth under these Terms are cumulative of all other rights we may have by law or otherwise. We may delay or waive any rights we have under these Terms in accordance with applicable law. Any waiver by the Bank or toWealth of any rights under any provision of these Terms or in applicable law on any occasion will not constitute a waiver of the same or any other right or provision on any other occasion.

Except as otherwise provided in the Arbitration Agreement in Section IX, all actions and proceedings relating to your Account other than those relate to escheatment, including these Terms, will be governed by the laws and regulations of the United States and the State of Missouri (to the extent that Missouri law is not preempted by federal law). Federal and Missouri law shall be applied without giving effect to principles of conflicts of law.

VII. FUNDS AVAILABILITY

This section VII describes the Bank’s “Funds Availability Policy.”

Funds from ACH Transfers that you initiate through a Linked External Account will generally be available on the next Business Day after the day the ACH Transfer is deemed to be received by us but may be available earlier, depending on the type of ACH Transfer.

When you transfer funds from your Account at the Bank to another account at the Bank on a Business Day, the funds will be available immediately.

We cannot accept any checks for deposit. All deposits must be via ACH Transfer. All checks received will be returned to the sender. You agree to be responsible for any delay or loss associated with checks delivered to and returned by the Bank.

VIII. ELECTRONIC FUND TRANSFER DISCLOSURE AND TERMS

Your Account is subject to the Electronic Fund Transfer Act and Regulation E. The following disclosures and terms apply to Electronic Fund Transfers. For purposes of these Terms, the term “Electronic Fund Transfer” refers to ACH Transfers and internal transfers to or from another Account at the Bank. To the extent other terms in these Terms conflict with this Electronic Fund Transfer Disclosure and Terms section, as applied to Electronic Fund Transfers, the provisions of this section shall govern. See section “IV. Deposits and Withdrawals” for information on the types of Electronic Fund Transfers that you can make and the limitations. See Section “I.1 Terms and Conditions” for information on the Bank’s Business Days.

You will get a monthly account statement (unless there are no transfers in a particular month. In any case you will get the statement at least quarterly). For additional information on your periodic Account statement, see subsection “V. Your Account; 4. Account Statements.” You may verify posting of an Electronic Fund Transfer on the next Business Day after the Electronic Fund Transfer is scheduled to be made by accessing the App.

We will disclose information to third parties about your Account or the transfers you make:

For additional details about how we treat information we have about you and your rights and choices, consult The Bank of Missouri Privacy Notice and the toWealth Privacy Policy.

Tell us AT ONCE if you believe that your Credentials have been lost or stolen or if you believe that an Electronic Fund Transfer has been made without your permission using information from your Account. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two (2) Business Days after you learn of the loss or theft of your card or code you can lose no more than $50 if someone used your card or code without your permission.

If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your card or code and we can prove we could have stopped someone from using your card or code without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows Electronic Fund Transfers that you did not make, including those made by Credentials or other means, tell us at once. If you do not tell us within sixty (60) days after the Account statement was sent or made available to you, you may not get back any money you lost after the sixty (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.

If you believe your Credentials have been lost or stolen or an Electronic Fund Transfer is otherwise unauthorized, please contact us at the information provided in Section VIII.9.

Our Liability for Failure to Complete Electronic Fund Transfers

If we do not complete an Electronic Fund Transfer to or from your Account 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:

• If, through no fault of ours, you do not have enough money in your Account to make the transfer;
• If the equipment or website was not working properly and you knew about the breakdown when you started the transfer;
• If circumstances beyond our control (such as power failure, fire, or flood) prevent the transfer, despite reasonable precautions that we have taken.

Call or write to us at the number or address listed in the “toWealth Contacts for Electronic Fund Transfers” in Section VIII.9 as soon as you can, if you think your Account statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST Account statement on which the problem or error appeared.

1. 1.
   Tell us your name and Account number.
2. 2.
   Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. 3.
   Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days.

We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Account.

For errors involving new Accounts, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error.

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

If you need to reach us about your Account and/or in the event of an unauthorized transfer, reach out to support via the App or support@towealth.com. As an alternative, you can use the following telephone number or address:

Customer Support: call us at (800) 988-7782 or write us at toWealth Cardmember Services, 725 E. Covey Lane, Suite 130, Phoenix, AZ 85024

Please read this Arbitration Agreement carefully. In arbitration, the case is decided by a neutral arbitrator instead of a judge or jury and proceeds on an individual basis, without class or representative proceedings. If you do not wish to accept this Arbitration Agreement, you must follow the instructions in subsection (k) to reject arbitration. This Arbitration Agreement is binding except as set forth in subsection (l).

In this Arbitration Agreement only, references to “we” or “us” mean (1) The Bank of Missouri and toWealth, LLC; (2) their parents, subsidiaries, affiliates, assignees, and successors; (3) the employees, directors, officers, shareholders, members, and representatives of the companies referenced in items (1) and (2); and (4) any person or company that is named in a claim you pursue at the same time you pursue a related claim against any company or person referenced in items (1)-(3). In this Arbitration Agreement only, references to “you” mean the individual electronically signing or otherwise agreeing to these Terms, any authorized or unauthorized beneficiaries of these Terms or the Account, and your and their respective heirs, trustees, representatives, and agents. This Arbitration Agreement does not preclude any party from bringing issues to the attention of federal, state, or local agencies. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of these Terms or the bankruptcy of any party. This Arbitration Agreement supersedes any other arbitration agreement that governs claims arising out of or relating to any aspect of the relationship between you and us.

Intending to be legally bound, Creditor caused this Agreement to be signed on its behalf.