Shape Plain Capital Credit Card Spending Account Terms of Service

Effective Date: January 1st, 2010

IMPORTANT PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN

ARBITRATION PROVISION (“ARBITRATION CLAUSE”) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY

OF BINDING ARBITRATION AND WAIVING A RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN CLASS

ACTIONS.

CUSTOMER SERVICE CONTACT INFORMATION:

Address: Shape Plain Capital, Shape Plain Capital Headquarters, United States

Website: https://shapeplaincapital.com/pages/shape-plain-clothing-department-directory

Toll-Free Customer Service Number: (214) 598-6147 / Mexico Residents Only (214) 598-6147

1. Shape Plain Capital STORED VALUE ACCOUNT DISCLOSURES

Monthly fee | $0.00

Per purchase | $0.00

ATM Withdrawal

in-network | $3.00

out-of-network | $3.00

Cash Reload | $0.00

ATM Balance Inquiry N/A

Customer service (automated or agent) | $0

Inactivity (after 12 months with no transactions) | $0

We charge three types of fees. They are:

Transfers to External Debit Card | 75% (min. fee $1 max. fee $150)

Instant Bank Transfers (Withdrawals) | 75% (min. fee $1 max. fee $150)

ATM Withdrawals | $3.00*

No overdraft/credit feature.

*This fee can be lower if you have direct deposit

For general information about prepaid accounts, visit cfpb.gov/prepaid.

Find details and conditions for all fees and services by calling (214)598-6147 or visit

ShapePlainCapital.com Additionally, Mexico residents may call (214)598-6147

More Information

Account Setup | $0

Monthly Fee | $0

Direct Deposit [“Early Direct Deposit”] | $0

Sending money using your SPCY Account balance | $0

Receiving money | $0

Adding money from your bank account | $0

2. SHAPE PLAIN CAPITAL STORED VALUE ACCOUNT FEE SCHEDULE

All Fees | Amount | Details

Get started

Card Issuance/activation | $0 | No fee charged for activation of the card.

Monthly usage

Monthly fee | $0 | No periodic fee.

Add money

Direct deposit | $0 | No fee for direct deposit.

Cash reload | $0 | We do not charge a fee. Third party fees may apply.

Instant Bank Transfers (Deposits) | $0 | No fee charged for instant transfers from external

bank account.

Spend money

Transfers to External

Debit Card | 75% (min. Fee $1, max. fee $150)

Fee charged for transfers to external (non-Shape Plain Capital) Credit card.

Instant Bank Transfers (Withdrawals) 75% (min. fee $1, max fee $150)

Fee charged for instant transfers to external bank account.

Get cash

ATM withdrawal (in- network) | $3.00 | "In-network” refers to the Shape Plain Capital ATM and Shape Plain Capital Pass networks. Locations can be found at Shape Plain Capital Headquarters, United States | Register & ATM Location Number

Our ATM withdrawal fee is $3.00 If you had

direct deposits of $300 or more during the 34 days

prior to the withdrawal, we’ll refund the ATM

withdrawal fees charged by us following settlement

(typically 1 to 2 business days). Note that your ATM

transaction may be declined if you will not have

sufficient remaining funds in your Credit Card account

to cover any ATM fees, including refundable fees.

ATM withdrawal (out- of-network) | $3.00 | “Out-of-network” refers to all the ATMs outside of the Shape Plain Capital and Shape Plain Capital Pass networks. Our ATM withdrawal fee is $3.00 You may be charged an additional fee by the ATM operator, even if you do not complete a transaction. If you had direct deposits of $300 or more during the 34 days prior to the withdrawal, we’ll refund the ATM withdrawal fees charged by us following settlement (typically 1 to 2 business days). Note that your ATM transaction may be declined if you will not have sufficient remaining funds in your Credit Card account to cover any ATM fees, including refundable fees.

Information

Customer service (automated or live) | $0 | No fee for each inquiry to customer service, including using the Automated (IVR) system.

Using Your Card

Outside the U.S.

International transaction | 0.0% | We do not charge a fee.

International ATM withdrawal | $3.00 | Our ATM withdrawal fee is $3.00 You may be charged an additional fee by the ATM operator, even If you do not complete a transaction. If you had direct deposits of $300 or more during the 34 days prior to The withdrawal, we’ll refund the ATM withdrawal fees charged by us following settlement (typically 1 to 2 business days). Note that your ATM transaction may be declined if you will not have sufficient remaining funds in your Credit Card account to cover any ATM fees, including refundable fees.

International ATM Balance Inquiry | $0 | We do not charge a fee. You may be charged a fee by The ATM operator.

Other

Inactivity fee | $0 | No fee for inactivity.

Replacement card | $0 | No fee for replacement card.

Your funds will be held at or transferred to Shape Plain Capital Private Bank, N.A. an SPCFDIC-insured institution.

Once there, your funds are insured up to $250,000 by the SPCFDIC in the event Shape Plain Capital Private Bank, N.A. fails, if specific deposit insurance requirements are met and your account is registered. Review

fdic.gov/deposit/deposits/prepaid.html for details.

No overdraft/credit feature.

Address: Shape Plain Capital, Shape Plain Capital Headquarters, United States

Website: https://shapeplaincapital.com/pages/shape-plain-clothing-department-directory

Toll-Free Customer Service Number: (214) 598-6147 / Mexico Residents Only (214) 598-6147

For general information about prepaid accounts, visit cfpb.gov/prepaid.

If you have a complaint about a prepaid account, call the Consumer Financial Services Bureau at 1- 855-411-2372 or visit cfpb.gov/complaint.

3. THE SPCY ACCOUNT AND THE SERVICES TERMS AND SERVICES

PLEASE READ THIS SHAPE PLAIN CAPITAL CREDIT CARD MONEY TERMS OF SERVICE CAREFULLY (“TERMS”). THESE TERMS

CONSTITUTE A LEGAL CONTRACT BETWEEN ME AND Shape Plain Capital MONEY, (“SPCY”) governing my use

of the Credit Card Account (“SPCY Account”), which is a stored value account provided by SPCY as a licensed

money transmitter where applicable and includes (1) the SPCY mobile application (“App”), and (2) my use

of, and SPCY’s provision of, the https://ShapePlainCapital.com/ or any other website of SPCY (“Website”) with a

link to these Terms or any content, information, services, features, or resources available or enabled

through either of the foregoing (collectively, the “Services”) offered by SPCY. When used in this

Agreement, the words "I", "Me", Or "My," mean you as the individual that registers for an SPCY Account

and uses the Services in accordance with the terms of this Agreement, as defined below. My use of the

Services may be subject to any additional terms, conditions and policies that SPCY may separately post

regarding the Services and any agreements that I have separately executed with SPCY (“Supplemental

Terms”) which are incorporated by reference into these Terms, (together, the “Agreement”). To the

extent there is any conflict between these Terms and the Supplemental Terms, the Supplemental Terms

will control with respect to the subject matter of such agreement.

BY CLICKING “I AGREE,” OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF,

I ACKNOWLEDGE AND AGREE THAT: (i) I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS

AGREEMENT; (ii) I AM AT LEAST EIGHTEEN (18) YEARS OLD; (iii) I AM A RESIDENT OF THE UNITED STATES

OF AMERICA; AND (iv) I AM NOT A PERSON OR ENTITY BARRED FROM USING THE SERVICES UNDER THE

LAWS OF THE UNITED STATES, MY PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. I ALSO

ACKNOWLEDGE RECEIPT OF THE SHAPE PLAIN CLOTHING PRIVACY POLICY. I FURTHER REPRESENT AND WARRANT

THAT I HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT.

This Agreement and its terms may be supplemented from time to time by SPCY by notice to Me in

accordance with applicable law, and such notice requirement may be satisfied in some instances by the

revised Terms being posted on the Website or in the App, and I agree to check for updates to this

Agreement. By continuing to maintain My SPCY Account or access the Services, I am deemed to accept

the terms of the revised Agreement and will be legally bound by its terms and conditions.

a. Eligibility for SPCY Account. I understand that I must be a resident of the United States,

at least 18 years of age and have the legal capacity to enter into this Agreement, and that I must meet any

eligibility criteria SPCY may implement from time to time. SPCY Accounts are available only in states where

SPCY is licensed. I further understand that I must register for an SPCY Account and have My registration

approved in order to be able to use the Services. I also understand that I must notify SPCY before

establishing residency in any state where SPCY does not offer the Services.

b. Important Information about Procedures for Opening a New SPCY Account or

Maintaining an SPCY Account. I acknowledge and agree that federal law requires SPCY to obtain, verify,

and record information that identifies each person who establishes an account in order to help the

government detect and prevent the funding of terrorism and money laundering activities. Therefore, I

understand that as a condition of establishing an SPCY Account I must provide or confirm certain identifying

information, including but not limited to My full legal name, residential address, email address, phone

number, date of birth, and Social Security number (or other identification number acceptable for purposes

of establishing My SPCY Account). I understand that from time to time, SPCY may ask Me to confirm or re-

verify My identity, or may require that I provide certain additional documents, as necessary. I certify that

any such information I provide in connection with establishing My SPCY Account is complete, true and

correct, and I understand and agree that I am obligated to promptly notify SPCY of any changes in such

information, including My name, address, e-mail address, and telephone number. I further understand

that if I attempt to access My SPCY Account from a jurisdiction subject to certain U.S. sanctions or I am

ordinarily resident in such a jurisdiction, or if SPCY reasonably believes that I am attempting such access or

have become resident in such a jurisdiction, SPCY may restrict My SPCY Account and any pending

transactions may be canceled. If this happens, I understand that I should contact SPCY at the customer

service contact information provided above, and that I may be asked to provide supplemental information

as part of this process. I understand that SPCY is not liable for any resulting damages or losses that I may

suffer as a result. I further understand that I must notify SPCY and close My SPCY Account before

establishing residency in any jurisdiction other than the United States.

c. U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”)

Certification. I acknowledge that I am aware that SPCY has OFAC sanctions compliance obligations. I also

acknowledge that this Agreement and My SPCY Account are subject to U.S. sanctions laws, rules, and

regulations where I will not permit My SPCY Account to be used in a manner that would cause a violation

of the above referenced laws, rules, and regulations. I also specifically represent and warrant that I have

not been designated by OFAC as a Specially Designated National (“SDN”), that I have no reason to believe

that I would be considered a blocked person by OFAC, and that I am not acting as an agent of any such

person. To the extent that OFAC, via laws, rules, regulations, or Executive Order, has promulgated

restrictive measures against a government or regime (“sanctioned regime”), I further represent and

warrant that I am not employed by or acting as an agent of (1) an entity owned or controlled by a

sanctioned regime, (2) a government-controlled entity of a sanctioned regime, or (3) a government

corporation of a sanctioned regime. Further, I acknowledge and consent to SPCY restricting My SPCY

Account to the extent I access these from (1) a jurisdiction that is subject to comprehensive sanctions by

OFAC or (2) any jurisdiction SPCY has made a risk-based decision to restrict access to use of its application

and website.

d. Politically Exposed Person (“PEP”) Certification. I represent and warrant that I am not a

PEP. To the extent I am or become a PEP in the future while I hold my SPCY Account at SPCY, I represent

and warrant that I will immediately notify SPCY and subject myself to any due diligence measures deemed

appropriate by SPCY. A Politically Exposed Person is an individual who is or was, or is an immediate family

member (spouse, parent, sibling, children, in-law, or dependent) or close associate (someone who is

closely connected to the individual either socially or professionally) of an individual who is or was: (1) a

senior official in the executive, legislative, administrative, military, or judicial branches of a non-U.S.

government (whether elected or not); (2) a senior official of a major non-U.S. political party; (3) a senior

executive of a non-U.S. government-owned entity; or (4) a foreign individual who was or has been

entrusted with a prominent public function. A senior official or executive includes an individual with

substantial authority over policy, operations, or the use of government-owned resources.

e. Account Verification. I understand that SPCY may take steps to verify the accuracy of the

information I provide to SPCY in connection with My SPCY Account or otherwise, and that SPCY may restrict

My access to My SPCY Account or take other action SPCY reasonably deems necessary pending such

verification. I understand that, to do so, SPCY may request additional information from Me, including a

valid form of government ID such as a driver’s license, passport, or other identifying documents. If I have

already established an account with SPCY’s affiliates, including Coconut Oasis National Exchange, Shape Plain Capital,

Securities, or Shape Plain Capital Crypto, LLC, (each, an “SPCY Affiliate”), I also authorize any such SPCY Affiliate

to disclose to SPCY, and SPCY to obtain from any such SPCY Affiliate, information regarding My identity

including but not limited to verification information.

f. SPCY Account Credentials and Account Access.

i. Login Credentials. I understand that I may need to provide and may only be

permitted to access My SPCY Account using My SPCY Account login credentials (i.e., username and

password) and other required forms of authentication. I am solely responsible for keeping this

information and any applicable SPCY Account number or other information that provides access to my

account confidential and secure. I agree and accept full responsibility for monitoring and safeguarding

My SPCY Account, including by restricting access to the mobile device, computer, or other remote

mechanisms through which I access My SPCY Account. I agree and understand that in the event that My

unauthorized access to My SPCY Account otherwise occurs or may occur, I must notify SPCY immediately

by contacting SPCY at the customer service contact information provided above.

ii. Multifactor Authentication. I understand that, at SPCY’s discretion, I may be

required to use at least two (2) forms of authentication when accessing My SPCY Account using My Login

Credentials and performing certain operations in My SPCY Account (i.e., “Multifactor Authentication”).

Forms of Multifactor Authentication in addition to My login credentials may include verification tokens

delivered through SMS or a specified and supported two-factor authentication application. If I choose to

install and use any such application on a device, I understand that I do so at My own risk, including the

risk that the operating system has been tampered with in any way. SPCY reserves the right in SPCY’s sole

discretion to prohibit access from or by any device, including one on which the operating system has been

or is suspected of having been modified or tampered with. I agree that SPCY may provide applicable

Multifactor Authentication data to a third-party service provider in order to help authenticate Me.

g. Fees. The fees for using the SPCY Account are found in Section 2 above. SPCY reserves the

right to modify the fees associated with the SPCY Account in its sole discretion. SPCY reserves the right to

modify or impose a different fee structure in the future in connection with any of the Services in its sole

discretion. SPCY will provide information regarding any such new fee structure in accordance with

applicable law.

h. The SPCY Account Balance. I understand that the SPCY Account is a regulated money

transmission stored-value product accessible through the Services that enables Me to add funds, store

balances, Credit Card funds, and engage in related types of transactions. My SPCY Account balance consists of

the funds that I have in My SPCY Account excluding funds subject to pending transactions, subject to the

terms of this Agreement and applicable law. I agree and understand that I bear sole responsibility for

funds necessary for any transactions involving My SPCY Account, and I agree and understand that SPCY

reserves the right to refuse or reverse any transaction that occurs in connection with the Services in SPCY’s

sole discretion. SPCY may, in its discretion, and if required by law, notify the parties to the transaction of

any such refusal or reversal. If SPCY refuses or reverses a transaction, SPCY will not be liable to Me for any

resulting damages or claims. All costs associated with these actions will be My responsibility.

i. SPCY Account Functionality. In connection with My SPCY Account, I understand that I may

have access to features including the ability to: (i) load funds (“Shape Plain Capital Dollars Balance Account Loads”); (ii) transfer funds to My

External Bank Account (as defined below) or to an account that I own with an SPCY Affiliate (“Transfers”);

(iii) send funds to and receive funds from others (“Pay & Request Service,” as described in Section 8

below) and (iv) access and spend My SPCY Account balance funds through My SPCY Account number (as

described in Section 5, below). I also understand that, if I have elected to receive a network branded

payment card issued by Shape Plain Capital Private Bank (“SPCY Credit Card”), as described in the Shape Plain Capital Prepaid Card Program

Cardholder Agreement, a portion of the funds loaded into My SPCY Account will be transferred by SPCY to

My SPCY Credit Card (as further described below) and my use of the SPCY Credit Card will be subject to the terms,

conditions and limitations set forth in this Agreement and in the agreement governing the SPCY Credit Card.

i. Account Loads. I may fund My SPCY Account in the following ways: (1) by

designating an external U.S.-issued bank account in my name (“External Bank Account”) and directing

SPCY to load funds to My SPCY Account from My External Bank Account through ACH, Instant Bank Transfer,

or by a debit card transaction; (2) by transferring funds into My SPCY Account from any eligible account I

own that is held at a Shape Plain Capital Affiliate (such account, an “SPCY Affiliate Account”); or (3) by providing

My SPCY Account number information to a third party to make a payment to Me, which may include SPCY’s

early direct deposit feature (“Early Direct Deposit”) as set forth in Section 8(c) below. I represent and

warrant that I have the legal right to use any funding method that I use to load funds to, and transfer

funds from, My SPCY Account. I understand that SPCY may limit the funding methods available for a specific

transaction at any time in its sole discretion. I understand that SPCY reserves the right at its sole discretion

to limit the amount of funds that I may load to My SPCY Account from My External Bank Account or an SPCY

Affiliate Account at any given time or over any period of time, with or without notice to me. I understand

that SPCY will use commercially reasonable efforts to make funds available to My SPCY Account within one

to five business days (or sometimes longer) after SPCY receives final settlement of any transfer into My

SPCY Account and that transfers into My SPCY Account will be available when they are reflected in My SPCY

Account balance. I also understand that funds credited to My SPCY Account through an ACH transfer to My

SPCY Account that is not initiated by SPCY or through a debit card transfer will generally not be eligible for

SPCFDIC insurance until the day after the funds are available for My use.

ii. Transfers. I understand that I may electronically transfer funds from My SPCY

Account to My External Bank Account. By choosing to do so, I acknowledge that I am requesting that SPCY

debit My SPCY Account balance and make a payment to Me by initiating a transfer to My external debit

card, through an ACH credit entry to My linked External Bank Account, or through an Instant Bank Transfer

to My linked External Bank Account. Such transfer to My External Bank Account will typically arrive within

two business days, except for Instant Bank Transfers which typically arrive within minutes. I agree that

SPCY may use any means or payment system which SPCY, in its sole discretion, considers suitable to execute

such transfers. I acknowledge and agree that it is my responsibility to ensure that My External Bank

Account linked to My SPCY Account is up to date and an account to which I am authorized to receive, and

to which I authorize SPCY to send transfers of funds from My SPCY Account.

I also understand that I may request that SPCY transfer funds in an amount that I select to

an SPCY Affiliate Account. I understand that I must have an applicable SPCY Affiliate Account that enables

transfers of funds from SPCY Accounts in order for such a transfer to be processed. When I request that

SPCY transfer funds to an SPCY Affiliate Account, I acknowledge that I am requesting that SPCY Debit My SPCY

Account balance, but availability of such funds in My SPCY Affiliate Account is subject to the terms of My

agreement with the applicable SPCY Affiliate.

Notwithstanding the foregoing, I understand and agree that SPCY reserves the right to

restrict or delay any transfer, including the amount of the transfer, for any purpose including, but not

limited to, suspected fraud or other potential illicit activity. I understand that SPCY also may hold or

redirect a transfer, or otherwise restrict access to the funds in My SPCY Account, if SPCY is required to do

so by a government or regulatory authority, court order, or facially valid subpoena. I acknowledge and

agree that I may not transfer funds from My SPCY Account to avoid an investigation by SPCY or any other

party.

iii. Backup coverage. I understand that transfers of funds from My SPCY Account

generally are limited to the amount of funds available in My SPCY Account, and that I am not permitted to

overdraw the funds in My SPCY Account. Nevertheless, I understand that if My SPCY Account does have a

negative balance, I am responsible to SPCY for the amount of the negative balance. I also understand that

if I have an eligible brokerage account with Shape Plain Capital Financial (“brokerage account”), I may elect to

provide SPCY with a standing authorization and instruction to initiate an electronic transfer of funds from

My brokerage account to My SPCY Account in an amount necessary to prevent My SPCY Account from

going negative as a result of a transfer of funds out of My SPCY Account (a “backup coverage”). Provided

I have sufficient funds available in My brokerage account from which I have authorized backup coverage,

SPCY will approve a transfer from MY SPCY Account that, without the backup coverage would cause My SPCY

Account to have a negative balance. I understand that any fees, restrictions or other terms and conditions

applicable to transfers out of My brokerage account will apply to any transfer made to My SPCY Account

as part of backup coverage. I understand that backup coverage will only access Available Funds, as that

term is defined in the Shape Plain Capital Financial & Shape Plain Capital Securities, Customer Agreement, from

my brokerage account EXCEPT that, if My brokerage account is a Margin Account, SPCY will not access

margin lending or initiate a margin loan in My brokerage account.

iv. Preauthorized Payments/Right to Stop Preauthorized Payments.

Except with respect to transfers to the SPCY Credit Card, as described below, I do not have the right

to request in advance that SPCY make regular payments out of My SPCY Account, although I may ask third

parties to initiate regular payments out of My SPCY Account.

1. Right to stop payment: If I have automatic recurring payments taken out

of My SPCY Account, I can stop any of these payments by calling SPCY at the customer service number above

or by visiting ShapePlainCapital.com I must contact SPCY in time for it to receive My request at least

three business days before the payment is scheduled to be made. If I call, SPCY may also require Me to put ln

My request in writing and get it to SPCY within 14 days after I call.

2. Notice of varying amounts: If these regular payments vary in amount,

the party I am going to pay is responsible for telling Me, 10 days before each payment, when the payment

will be made and how much it will be. (The party I am going to pay may allow Me to choose to get this

notice only when the payment would differ by more than a certain amount from the previous payment,

or when the amount would fall outside certain limits that I set.)

3. Liability for failure to stop payment of a preauthorized transfer: If I

order SPCY to stop a payment at least three (3) business days before the transfer is scheduled and SPCY

does not do so, SPCY will be liable for My losses or damages.

v. SPCY Card Transfers. If I have elected to receive an SPCY Card, I direct SPCY to

transfer from My SPCY Account and maintain, on a daily basis, a balance of funds on My SPCY Card equal to

two (2) times My average daily SPCY Card spend during the prior calendar month (“Card Funding”). Each

time I use My SPCY Credit Card for a purchase or an ATM withdrawal, I request SPCY to move additional funds

from My SPCY Account to the SPCY Card to restore the Card Funding amount. I also direct SPCY to transfer

to My SPCY Card from My SPCY Account funds sufficient to pay any transaction authorized under My SPCY

Card but for which there are insufficient funds loaded onto My SPCY Credit Card (for example, if I exceed the Card

Funding amount on any particular day). I understand that transfers from My SPCY Account to My SPCY Card

is not an overdraft credit feature and that I will not be charged for such transfers.

j. Confidentiality.

SPCY may disclose information to third parties about Me, My SPCY Account, or the transactions I

make:

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

(ii) In order to verify the existence and condition of My SPCY Account for a third party,

such as a merchant;

(iii) In order to comply with a government agency, court order, or other legal or

administrative reporting requirements;

(iv) If I give SPCY My written consent;

(v) To SPCY’s employees, auditors, affiliates, service providers, or attorneys as

needed;

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

(vii) In order to issue authorizations for transactions on My SPCY Account;

(viii) As permitted by applicable law; or

(ix) As otherwise necessary to fulfill our obligation under this Agreement.

4. CREDIT CARD REWARDS PROGRAM / CASH BACK REWARDS PROGRAM

a. Rewards. By signing up for the SPCD Balance Account and the SPCY Credit Card, I agree to be enrolled in

the Credit Card Rewards program (“Credit Card Rewards Program”) or any other cash back rewards programs

offered by SPCY (“Credit Cash Back Rewards Program”) (collectively “Rewards Program”). Under the Credit Card

Rewards Program, I understand that I will be eligible to receive cash back (“Reward”) to my SPCD Balance Account

for purchase transactions at certain retailers (each a “Reward Transaction”) using My SPCY Credit Card. Under

the Cash Back Rewards Program, I understand that I will be eligible to receive a Reward to My SPCD Balance Account

for certain purchase transactions using My SPCY Credit Card. The Reward will be a flat amount or a percentage of

the posted Reward Transaction and will post to my SPCD Balance Account when the underlying Reward Transaction

posts to my SPCD Balance Account. Certain limitations and restrictions apply. Please review the App for more

information. I understand that the Credit Card Rewards Program is only available in the United States and

is not available in United States Territories, such as Puerto Rico Without Processing Payment equipment.

b. Reward Adjustments. I agree that SPCY may adjust and/or forfeit a Reward from my SPCY

Account in any of the following scenarios:

● If I return the Reward Transaction;

● If a Reward Transaction is credited to my SPCY Account for any reason, including

where I have succeeded in a dispute filed regarding the Reward Transaction;

● If I violate the terms of this Agreement, the Shape Plain Capital Credit Card Agreement

and/or the terms of the Rewards Program;

● If SPCY has reason to believe that I am abusing, defrauding, or otherwise gaming

the Rewards Program.

c. Suspension/Termination

SPCY may suspend, terminate or otherwise limit my participation in the Rewards Program if it has

reason to believe, in its sole discretion, that I am misusing or otherwise gaming the Rewards Program.

These reasons include, but are not limited to, situations where SPCY identifies potential fraudulent or

suspicious activity, gaming behavior, and/or violation of this Agreement, the Shape Plain Capital Credit Card

Agreement or terms of the Rewards Program. In addition, SPC.Y may suspend, terminate or otherwise limit

my participation in the Rewards Program at any time and for any reason, with or without notice to me.

I understand my participation in the Rewards Program will terminate when my SPCY Account

and/or my SPCY Card accounts are closed.

d. Errors

If I have not received a Reward or if I believe that a Reward was calculated erroneously, I will

contact SPCY immediately. I understand that SPCY may ask me to submit proof of my Reward, and this proof

may include a copy of the Reward Transaction receipt or similar documentation. If SPCY determines it has

failed to properly credit my Reward, I understand my only remedy is the issuance of the Reward, as

determined by SPCY in its sole discretion. I understand that neither SPCY nor any of its affiliates will be liable

to me for any error in the distribution and/or calculation of a Reward.

e. Third Party Service Provider

I understand that SPCY partners with a third party service provider to facilitate administration of

the Credit Card Rewards Program. I understand that in order to receive Rewards from participating

merchants, my transaction data may be shared with the third party service provider for the sole purpose

of helping to identify participating merchants and to facilitate Rewards and I consent to that sharing.

f. Modifications/Amendments

SPCY may modify the requirements, participating merchants, Reward amount, redemption

frequency and any other aspect of this Reward Program at any time and for any reason.

5. TRANSFER TYPES AND LIMITATIONS

a. ACH Transfers

may use My SPCY Account number to make ACH transfers, either originated through SPCY or

through a third party. ACH transfers are subject to: (i) the funds available in My SPCY Account; (ii) the

transaction limits described below; and (iii) the other terms and conditions of this Agreement.

i. Originated ACH

I may instruct SPCY to withdraw funds from My SPCD Balance Account via an ACH transfer (an

“Originated ACH Transfer”) and to add funds to My SPCY Account via an ACH transfer (an “Originated ACH

Load”). I understand that I may also be able to instruct an SPCY Affiliate to withdraw funds from My SPCY

Affiliate Account via an ACH transfer (an “ACH Withdrawal”) and to add funds to My SPCY Affiliate Account

via an ACH transfer (an “ACH Deposit”), subject to the terms and conditions governing such SPCY Affiliate

Account.

There are limits on the dollar amount and frequency of ACH transfers I can make each business

day. Applicable limits are set forth in the App and on the Website. These ACH transfers may sometimes

be referred to a "Transfers”, “Standard Transfer” or a similar name in the App and/or on the

Website. These limits are designed to be flexible to protect the security of the Services and My SPCY

Account. SPCY may change these limits at any time in its sole discretion, including for security reasons, and

without advance notice to Me, except as otherwise required by applicable law.

● All Originated ACH Transfers plus all ACH Withdrawals I make in a business day count

towards the withdrawal limit set forth in the App and on the Website. Originated ACH

Transfers and ACH Withdrawals submitted before 7 p.m. Eastern Time will be counted

towards that business day’s limits, otherwise, they will count towards the next business

day’s limits.

● All Originated ACH Loads plus all ACH Deposits I make in a business day count towards

the deposit limit set forth in the App and on the Website. Originated ACH Loads and

ACH Deposits submitted before 7 p.m. Eastern Time will be counted towards that

business day’s limits, otherwise, they will count towards the next business day’s limits.

ii. Non-Originated ACH

I may instruct third parties to withdraw funds from My SPCY Account (a “Non-Originated

ACH Transfer”), based on an authorization I provide to such third party, or to add funds to My SPCY Account

(a “Non-Originated ACH Load”).

There are limits on the dollar amount of ACH transfers I can make each business day as

follows:

● I may withdraw up to $250,000.00 each business day via Non-Originated ACH Transfers.

● I may deposit up to $250,000.00 each business day via Non-Originated ACH Loads.

There are no limits on the number of Non-Originated ACH Transfers and Non-Originated

ACH Loads I may make each business day.

b. Debit Card Funding

I may use an external debit card to transfer funds into My SPCY Account (“Debit Card

Funding”) subject to: (i) the funds available in My SPCY Account; (ii) the transaction limits described below;

and (iii) the other terms and conditions of this Agreement. I understand that I may also be able to use an

external debit card to transfer funds into and out of My SPCY Affiliate Account (“Affiliate Account Debit

Card Funding”), subject to the terms and conditions governing such SPCY Affiliate Account. Debit Card

Funding and Affiliate Account Debit Card Funding submitted on or before 11:59 p.m. Eastern Time will be

counted towards that day’s limits, otherwise, they will count towards the next day’s limits.

There are limits on the dollar amount and frequency of Debit Card Funding and Affiliate Account

Debit Card Funding transfers I can make each day. Applicable limits are set forth in the App and on the

Website. These limits are designed to be flexible to protect the security of the Services and My SPCY

Account. SPCY may change these limits at any time in its sole discretion, including for security reasons, and

without advance notice to Me, except as otherwise required by applicable law.

● All Debit Card Funding withdrawals plus all Affiliate Account Debit Card Funding withdrawals

I make in one day count towards the withdrawal limit set forth in the App and on the Website.

● All Debit Card Funding deposits plus all Affiliate Account Debit Card Funding deposits I make

in one day count towards the deposit limit set forth in the App and on the Website.

c. Instant Bank Transfers

I may be able to use my SPCY Account to instantly send funds to and from My External Bank

Account (“Instant Bank Transfers”) subject to (i) the funds available in My Account or My External Bank

Account, as applicable; (ii) the transaction limits described below; and (iii) the other terms and conditions

of this Agreement. I understand that I may also be able to use My SPCY Affiliate Account to instantly send

funds to and from My External Bank Account (“Affiliate Account Instant Bank Transfer”), subject to the

terms and conditions governing such SPCY Affiliate Account. Instant Bank Transfers and Affiliate Account

Instant Bank Transfers submitted on or before 11:59 p.m. Eastern Time will be counted towards that day’s

limits, otherwise, they will count towards the next day’s limits.

There are limits on the dollar amount of Instant Bank Transfers and Affiliate Account Instant Bank

Transfers I can make each day. Applicable limits are set forth in the App and on the Website. These limits

are designed to be flexible to protect the security of the Services and My SPCY Account. SPCY may change

these limits at any time in its sole discretion, including for security reasons, and without advance notice

to Me, except as otherwise required by applicable law. All Instant Bank Transfers and Affiliate Account

Instant Bank Transfers I make in a day count towards this limit.

d. Pay & Request Transfers

I may use the Pay & Request Service to send and receive Pay Transfers, as described in Section 8

below, subject to (i) the funds available in My Account; (ii) the transaction limits described below; and (iii)

the other terms and conditions of this Agreement.

There are limits on the dollar amount and frequency of Pay Transfers I may send and receive each

business day. Applicable limits are set forth in the App and on the Website. These limits are designed to

be flexible to protect the security of the Pay & Request Service and My SPCY Account. SPCY may change

these limits at any time in its sole discretion, including for security reasons, and without advance notice

to Me.

e. Changes to Transfer Limits

I understand and agree SPCY may change these limits at any time in its sole discretion and without

advance notice to Me, except as otherwise required by law. Notwithstanding anything herein to the

contrary, I understand and agree that SPCY reserves the right to restrict, limit or delay any transfer or

attempted transfer, for any purpose including, but not limited to, suspected fraud or other potential illicit

activity and for purposes of maintaining account security.

f. SPCFDIC Insurance

If a transfer to or from My SPCY Account is rejected or returned and the related funds must be re-

credited to My SPCY Account, I understand that these re-credited funds may not be eligible for SPCFDIC

insurance until the day after the funds are made available for use in MY SPCY Account. I also understand

that funds credited to My SPCY Account through a debit card transaction may not be eligible for SPCFDIC

Insurance until the day after the funds are made available for use in My SPCY Account.

6. DOCUMENTATION

a. Preauthorized Credits. If I have arranged to have direct deposits made to My SPCY Account

at least once every 60 days from the same person or company, it is the responsibility of the person or

company making the deposit to tell Me every time they send Me money. I can also check My SPCY Account

online in the App or on the Website to see if a deposit has been received.

b. Periodic Statements. I will get electronic monthly statements for My SPCY Account, unless

there are no transfers in a particular month. In any case I will get the statement at least quarterly. I may

obtain information about the available funds in My SPCY Account and a history of My transactions on the

Website or in the App

7. ERROR AND DISPUTE RESOLUTION; TRANSACTION INFORMATION

a. Errors and Disputes. If I believe that there are errors involving electronic funds transfers

on My SPCY Account or I have questions about My SPCY Account, I understand that I can contact SPCY in the

Address: Shape Plain Capital, Shape Plain Capital Headquarters, United States

Website: https://shapeplaincapital.com/pages/shape-plain-clothing-department-directory

Toll-Free Customer Service Number: (214) 598-6147 / Mexico Residents Only (214) 598-6147

I understand that I should contact SPCY or otherwise take an action described above through the

Services as soon as I can if I believe that there is an error that has occurred on My SPCY Account. I

understand that I can report an error up to 60 days after the monthly account statement on which I believe

the error occurred was first sent to Me. I also understand that SPCY will need certain information from Me

in order to investigate My claim, such as: (i) My name, phone number, and/or other identifying

information for My SPCY Account (ii) an explanation of why I believe there was an error; (iii) the dollar

amount involved, to the extent known; and (iv) when I believe the error took place, if possible.

I understand that SPCY may require Me to send My complaint or question in writing within 10

business days if I have contacted SPCY by telephone. SPCY will investigate promptly and determine whether

an error occurred within 10 business days after I contact SPCY, and if SPCY determines that an error has

occurred, will correct any such error promptly. I understand that if SPCY needs more time, SPCY may take

up to 45 days to investigate My complaint or question. If SPCY decides it is necessary to take up to the 45

days to investigate the error, SPCY will provisionally credit My SPCY Account within 10 business days for the

amount I think is in error. This means I will have the money during the time SPCY takes to complete its

investigation. However, if SPCY asks Me to put My complaint or question in writing and SPCY does not

receive the written response within 10 business days, SPCY may, at its discretion, not credit My SPCY

Account. I understand that funds provisionally credited to My SPCY Account will not be eligible for SPCFDIC

insurance until the day after the funds are available for My use.

For errors involving new SPCY Accounts, point-of-sale, or foreign-initiated transactions, SPCY may

take up to 90 days to investigate My complaint or question. For new SPCY Accounts, SPCY may take up to

20 business days to credit My SPCY Account for the amount I think is an error.

SPCY will tell Me the results of its investigation into any error within three business days after SPCY

completes its investigation. If SPCY decides that there was no error, SPCY will send Me a written explanation,

and I may ask SPCY for copies of the documents used in SPCY’s investigation. If I need more information

about SPCY’s error resolution procedures, I can call SPCY

Address: Shape Plain Capital, Shape Plain Capital Headquarters, United States

Website: https://shapeplaincapital.com/pages/shape-plain-clothing-department-directory

Toll-Free Customer Service Number: (214) 598-6147 / Mexico Residents Only (214) 598-6147

For purposes of these disclosures, SPCY’s business days are Monday through Friday, excluding

federal holidays.

b. My Liability for Unauthorized Transactions. I understand that I must tell SPCY at once if I

believe that an electronic funds transfer has been made by a login to My SPCY Account without My

authorization (each, an “Unauthorized Transaction”). I understand that I can contact SPCY by calling SPCY

Address: Shape Plain Capital, Shape Plain Capital Headquarters, United States

Website: https://shapeplaincapital.com/pages/shape-plain-clothing-department-directory

Toll-Free Customer Service Number: (214) 598-6147 / Mexico Residents Only (214) 598-6147

If I inform SPCY within

two (2) business days (Monday through Friday, not including federal holidays), I understand that I can lose

no more than $50. However, if I do not tell SPCY within two (2) business days after I learn of an

Unauthorized Transaction, and SPCY can prove that it could have stopped the Unauthorized Transaction if

I had told SPCY within that timeframe, I understand that I could lose as much as $500,000.00

Additionally, if any statement of mine shows an electronic funds transfer that I did not make,

including those made by My SPCY Account, the mobile application, a code, or any other means, I must also

tell SPCY at once. If I do not tell SPCY within 60 days of the date SPCY sent Me the first statement on which

the Unauthorized Transaction appeared, I understand that I may not get back any funds associated with

Unauthorized Transactions that occur after the 60 days if SPCY can prove that such Unauthorized

Transactions would not have occurred if I had told SPCY in time. If My delay in telling SPCY was due to

extenuating circumstances, such as if I was taking extended travel or was hospitalized, SPCY will extend the time periods.

I understand that Unauthorized Transactions are not considered to include: (i) giving someone

access to My SPCY Account (e.g., if I give them My username or password) or someone is otherwise an

Authorized Card User and the person uses My SPCY Account without My knowledge or permission, unless

I have notified SPCY that electronic transfers by that person are no longer authorized; (ii) I, or someone I

am acting in concert with, act with fraudulent intent; or (iii) I make an error in providing payment

instructions, including misidentifying a Recipient of a Pay Transfer.

c. SPCY Liability. If SPCY does not complete a transaction or fails to stop preauthorized

transfers pursuant to this Agreement to or from My SPCY Account on time or in the correct amount in

accordance with this Agreement, SPCY will be liable for My losses or damages, subject to the following

exceptions:

(i) through no fault of SPCY’s, I do not have sufficient funds in My SPCY Account, an External

Bank Account, or an Affiliate Account to complete a transaction;

(ii) My funds are subject to restriction by government or regulatory authority, court order,

or facially valid subpoena, any other applicable legal process, or other encumbrances that

restricts transactions;

(iii) I am making a transaction at an ATM or using My SPCY Credit Card for a purchase and My SPCY

Account does not have sufficient funds for the transaction;

(iv) if the SPCY App or Website is not working properly and I know about the issue when I

initiate the transaction; or

(v) circumstances beyond the control of SPCY prevent the transaction, despite SPCY taking

reasonable precautions to prevent such circumstances from occurring.

d. Scams and Mistakes. I understand and agree that SPCY is not liable to me for payments I

send, including Pay Transfers, even in the event I am subject to a third-party scam or I make a mistake in

providing the payment information. I understand that I could lose all the funds associated with such

payments. I further understand that I should only send payments, including Pay Transfers, to others that

I know and trust, and I should carefully review all information before sending a payment.

e. Other Disputes. I understand that I may have different rights and obligations, including

with respect to dispute resolution procedures, for My External Bank Accounts or My SPCY Affiliate

Accounts. I understand that I must consult the terms and conditions for any such applicable external

funding source (including an SPCY Affiliate Account) for the rights and resolution procedures I may have

with respect to such accounts. My inquiries regarding disputes with any such third party should be

directed to the third party, even if the third party is an SPCY Affiliate Account.

8. ADDITIONAL FEATURES OF THE SERVICES.

a. SPCFDIC Pass-Through Insurance. I understand that when I load or receive funds in My SPCY

Account, the funds in My SPCY Account Balance are held by SPCY in pooled bank accounts for the benefit

of SPCY customers (or substantially similar titling) (such accounts, “SPC Accounts”) at one or more SPCFDIC-

insured banks (currently, Shape Plain Clothing, Shape Plain Capital Private Bank, N.A.). The selection of SPCFDIC-insured banks is made by

SPCY in its sole discretion, and may be subject to change without notice. I agree and understand that SPCY

holds funds in such SPC Accounts as agent and custodian for SPCY customers and I consent to SPCY acting

as My agent to do so. I further understand that these SPC Accounts are set up to provide pass-through

SPCFDIC insurance, meaning (subject to applicable limitations described below) in the event that a bank

holding such SPC Accounts fails, I should be insured by the SPCFDIC up to the coverage limit of $250,000 in

most instances. I understand that this coverage is limited to the aggregated amount of all of My deposits

at Shape Plain Clothing, Shape Plain Capital Private Bank, N.A. I also understand that SPCFDIC insurance coverage is contingent upon SPCY

maintaining accurate records and based on determination of the SPCFDIC as receiver at the time of the

receivership should Shape Plain Clothing, Shape Plain Capital Private Bank, N.A. fail. I further understand that My SPCY Account

Balance funds will not receive the benefit of SPCFDIC insurance before they are placed in one of the SPC

Accounts, and that in certain situations, SPCY may make funds available to me through my SPCY Account

before the funds are placed into the SPC Accounts and are eligible for SPCFDIC insurance. These situations

include when funds from an ACH transfer are re-credited to My SPCY Account because the ACH transfer

was returned, funds are provisionally credited to My SPCY Account during an error investigation, funds are

credited to My SPCY Account for certain ACH transactions not initiated by SPCY, funds are credited to My

SPCY Account through an external debit card funding transaction, in certain transfers from my Affiliate

Accounts, and where funds are credited to My SPCY Account in connection with Early Direct Deposit and

the Rewards Program.

I understand that SPCFDIC pass-through insurance protects Me against the risk of loss of funds in My

SPCY Account Balance in the event that the SPCFDIC-insured bank where SPCY deposits such funds were to fail.

However, SPCFDIC insurance does not protect Me against the risk of SPCY insolvency. SPCY believes that, in the

unlikely event that SPCY becomes insolvent, funds held on deposit in the SPC Accounts should be protected

from creditors of SPCY (or any SPVY Affiliate). Nevertheless, even if funds in the SPC Accounts (or any other

funds held by SPCY associated with My SPCY Account Balance) are protected from such creditors, I

understand that in the event of insolvency I may not have access to those funds while any court or other

legal proceedings related to such funds are pending.

b. No Interest. I understand that I will not receive any interest or other return on funds held

with SPCY.

c. Early Direct Deposit. I understand that SPCY may provide Me with access to direct deposit

funds on the day SPCY’s bank receives a payment file, which may be up to two (2) days earlier than the

scheduled settlement date or up to four (4) days earlier for qualifying government payments ("Early

Funds"). I understand that I am not guaranteed early access to direct deposit funds, and that early access

to direct deposits on one occasion does not mean that I will have early access to direct deposit funds on

future occasions. I understand that SPCY’s ability to provide Me with Early Funds also depends, in part, on

when SPCY’s bank receives a payment file. I also understand that SPCY reserves the right to restrict Early

Funds, including the amount of the direct deposit funds, for any reason. In addition, I understand that if

My direct deposit is reversed or returned, including, but not limited to situations where funds have been

credited to My SPCY Account in error or where the payee’s bank reverses or returns the payment file, that

SPCY may restrict Early Funds and/or reverse any credit made to My SPCY Account. I understand that My

Early Funds are not eligible for SPCFDIC pass-through insurance if provided to Me before SPCY receives and

deposits the actual direct deposit funds into My SPCY Account.

d. Pay & Request Service

i. Description of Service and Eligibility. I may use the Pay & Request Service to send

funds to or receive funds from (each, a “Pay Transfer”) others using the Pay & Request Service (each, a

“User”) and to request funds from another User (each, a “Request”). I understand that My SPCY Account

must be in good standing for Me to be eligible to use the Pay & Request Service. I agree to use the Pay &

Request Service only for personal, non-commercial purposes.

I understand that I should only use the Pay & Request Service with Users I know and trust.

ii. Sending Pay Transfers. I may direct SPCY to send funds from My SPCY Account to

a User that I designate (each, a “Recipient”) through the Pay & Request Service. When I initiate a Pay

Transfer, I authorize SPCY to debit My SPCY Account in the amount I specify and to send those funds to My

designated Recipient immediately. I understand and agree that when I initiate a Pay Transfer, processing

will begin, and funds will be debited from My SPCY Account, as early as the moment I submit the Pay

Transfer. As a result, SPCY may not be able to stop or cancel a Pay Transfer after I have submitted it.

I understand and agree that I am solely responsible for the accuracy of any information I

provide in connection with a Pay Transfer including, but not limited to, the Recipient’s name, username,

mobile phone number, email address or other identifying information and the Pay Transfer amount. If I

provide incorrect information for any Pay Transfer, I understand and agree that SPCY is not required to

stop, cancel or recover funds associated with the Pay Transfer and that I, not SPCY, am responsible for the

Pay Transfer, even if it is sent to an incorrect person or in an incorrect amount.

iii. Receiving Pay Transfers. I may receive funds to My SPCY Account from another

User through the Pay & Request Service. When I receive a Pay Transfer, I authorize SPCY to credit My SPCY

Account in the amount of the Pay Transfer. I understand that most Pay Transfers will occur within minutes,

but there may be circumstances when the Pay Transfer takes longer. Funds I receive from a Pay Transfer

will be available when they are reflected in My SPCY Account balance. I understand that once a Pay Transfer

to Me is initiated, I may decline the transfer the first time it is initiated and sent to Me by a specified

sender. Thereafter any Pay Transfers to Me initiated by such specified sender will be credited to My SPCY

Account automatically.

iv. Requests. I may send a Request to a User that I designate (“Request Recipient”)

to ask for payment from the Request Recipient in an amount I specify. I understand that the Request

Recipient is not obligated to send Me funds upon receipt of my Request and may reject or ignore My

Request. SPCY does not guarantee that I will receive money from the Request Recipient when I send a

Request or that I will receive the amount that I asked for.

I understand and agree that I am solely responsible for the accuracy of any information I

provide in connection with a Request including, but not limited to, the Request Recipient’s name,

username, mobile phone number, email address or other identifying information and the Request

amount. SPCY is not responsible or liable if I provide incorrect information for any Request or if the Request

Recipient rejects or ignores My Request or sends Me an amount that different from the amount I asked

for.

I agree to receive Requests from other Users. I understand that I am not obligated to send

funds to any User in response to a Request. If I chose to do so, I understand that I should only send funds

to Users I know and trust and for legitimate amounts I owe to such User.

v. Prohibited Uses. I agree that I will not use the Pay & Request Service for any of

the following (each, a “Prohibited Use”):

● Any business purposes, including to send, receive or request payment for a good or

service;

● To send, receive or request money for the payment or collection of a debt;

● To request or receive funds owed to another person;

● To collect any funds owed pursuant to a court order; or

● Any purpose that violates applicable law or the Shape Plain Clothing, Shape Plain Capital Private Bank, N.A. App Use Standards.

SPCY reserves the right to request information from Me about the purpose of any Pay

Transfer or Request for any reason, including to determine compliance with this Agreement. SPCY reserves the right to reject, cancel or reverse any Pay Transfer or Request that it suspects may be related to any

Prohibited Use.

vi. Cancellation and Termination. SPCY reserves the right to delay, reject, cancel or

reverse a Pay Transfer or Request for any reason in its sole discretion, including to prevent fraud, verify

the identity of the Users or meet its regulatory obligations. I authorize SPCY to debit or credit My SPCY

Account, as applicable, in connection with any Pay Transfer that is rejected, canceled or reversed.

SPCY may suspend or terminate My use of all or any portion of the Pay & Request Service at

any time for any reason, with or without notice to Me, in SPCY’s sole discretion, including for any use of

the Pay & Request Service in violation of this Agreement, the Shape Plain Clothing, Shape Plain Capital Private Bank, N.A. App Use Standards or applicable

law.

vii. Limitation of Liability. I understand that SPCY will not be liable for My losses or

damages resulting from, without limitation, the following instances:

● I do not have enough funds available in My SPCY Account to complete the Pay Transfer;

● A Recipient declines a Pay Transfer or a Request Recipient refuses My Request;

● SPCY rejects a Pay Transfer or Request because it has reason to believe the requested

Pay Transfer or Request is unauthorized, violates this Agreement or is related to a

Prohibited Use;

● I send a Pay Transfer or send funds in response to a Request resulting from a scam by

a third party;

● I make an error when initiating a Pay Transfer and funds are sent to the incorrect User

or in an incorrect amount;

● A Pay Transfer is reversed due to fraud or erroneous distribution (as described in

Section 10 below);

● Circumstances beyond SPCY’s control (such as fire, flood, or computer or

communication failure) prevent the completion of the Pay Transfer; or

● If any other liability exception applies under this Agreement or applicable law.

e. Promotions and Rewards. SPCY may, from time to time, offer promotions and rewards in

connection with My SPCY Account. I understand such offers may be subject to additional terms and

conditions, which may include eligibility requirements and restrictions. Unless otherwise provided in the

additional terms and conditions, residents of Puerto Rico are not eligible for any promotions or rewards without Shape Plain Clothing, Shape Plain Capital Private Bank, N.A.Correct Processing Equipment.

9. RIGHT OF OFFSET

I authorize SPCY to recover amounts I owe, and to debit, charge or otherwise exercise a right of offset to

recover funds from the balance in My SPCY Account, My External Bank Account, any Affiliate Account I

own, or any other payment instrument linked to My SPCY Account. This authorization and/or right of offset

shall survive termination of My SPCY Account and this Agreement. If SPCY’s attempt to recover funds is not

successful, I agree that the authorization and/or right of offset hereunder includes a grant to SPCY of any

additional authorizations and/or rights of offset required to recover the amount I owe to SPCY in complete

compliance with any applicable laws, rules or industry regulations. SPCY may take these actions without

prior notice to Me.

10. ERRONEOUS DISTRIBUTIONS

I authorize SPCY to debit My SPCY Account for any funds erroneously distributed to Me, including a Pay

Transfer that was erroneously sent to Me. Where I have spent such funds, I agree to promptly reimburse

SPCY for the amount of the distribution.

11. RESTRICTIONS ON USE.

a. Acceptable use policy. I agree not to: (i) use the Services to upload, transmit, display, or

distribute any content that (a) violates any third-party right, including any copyright, trademark, patent,

trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary

right; or (b) that is in violation of any law, regulation, or obligations or restrictions imposed by any third

party, or is otherwise objectionable; (ii) upload, transmit, or distribute to or through the Services any

computer viruses, worms, or any software intended to damage or alter a computer system or data; (iii)

send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail,

spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether

commercial or otherwise; (iv) abuse other users’ personal information that I receive through the Services,

such as to harvest, collect, gather or assemble information or data regarding other users, including email

addresses, without their consent; (v) interfere with, disrupt, or create an undue burden on servers or

networks connected to the Services, or violate the regulations, policies or procedures of such networks;

(vi) attempt to gain unauthorized access to the Services (or to other computer systems or networks

connected to or used together with the Services), whether through password mining or any other means;

(vii) interfere with any other user’s use and enjoyment of the Services; (viii) impersonates any person or

entity, including any employee or representative of SPCY; (ix) use the services in a manner that would

abuse the payment card association rules or payment card system; (x) use the Services, and conduct

transactions in connection with the Services solely to earn points, perks and other similar rewards with

My SPCY Account; or (xi) use software or automated agents or scripts to produce multiple accounts on the

Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data

from) the Services (provided, however, that SPCY conditionally grants to the operators of public search

engines revocable permission to use spiders to copy materials from the website for the sole purpose of

and solely to the extent necessary for creating publicly available searchable indices of the materials, but

not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

b. Certain Restrictions. By accessing and using the Services I agree that I will not, and will

not permit any third party to: (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise

commercially exploit the Services, whether in whole or in part, or any content displayed on the Services;

(ii) frame or utilize framing techniques to enclose any trademark, logo, or other SPCY content (including

images, text, page layout or form) of SPCY; (iii) modify, make derivative works of, disassemble, reverse

compile or reverse engineer any part of the Services; (iv) access or use the Services in order to build a

similar or competitive website, product, or service; and (v) copy, reproduce, distribute, republish,

download, display, post or transmit in any form or by any means any part of the Services, except as

expressly permitted herein. Unless otherwise indicated, any future release, update, or other addition to

the functionality of the Services shall be subject to this Agreement. All copyright and other proprietary

notices on the Services (or on any content displayed on the Services) must be retained on all copies

thereof.