Chime Credit Card Agreement

Card Account Eligibility

In addition to the Secured Deposit Account you must establish under the Secured Deposit Account Agreement, you must have a Chime Checking Account in good standing to be eligible to apply for a Card Account. We may close your Card Account if, at any time, your Chime Checking Account is closed.

GRANT OF SECURITY INTEREST IN SECURED DEPOSIT ACCOUNT

Agreement to Terms

By applying for a Card Account, signing the Card, or otherwise using or consenting to the use of the Card Account, you agree to the terms and conditions of this Agreement and that this Agreement will govern your Card Account, the use of your Card, and all credit extended under this Agreement. You also agree that your use of your Card Account, whether by use of your Card or otherwise, will constitute your acceptance of, and will be subject to, this Agreement.

Where you enroll in or become eligible for additional features applicable to the use of your Card and Card Account, you agree to the terms and conditions applicable to such features, which may be found in a separate Chime agreement. For example, your enrollment in the SpotMe for Credit Builder Account will be subject to the separate Chime SpotMe Overdraft Line of Credit for Secured Deposit Account Agreement, and your activation of automatic savings features like Round Up Transfers will be subject to the separate Automatic Savings Account Agreement.

Using Your Card Account

a. Available Transactions. Subject to your Credit Limit (see Sections II(E) through II(H) below) and Available to Spend Amount, you may use your Card and your Card Account to make Purchases so long as you are not in Default of this Agreement. You may not obtain balance transfers from your Card Account. You can make Purchases as described in the definition of Purchase, above. When you fund your Card Account, you may create a PIN. If you do create a PIN, you can obtain Cash Access at any authorized ATM by using your Card and PIN.

b. Limitations on Using Your Card Account. You agree to use your Card Account only for personal, family, or household purposes. You also promise that your Card Account will not be used for purposes that are illegal under state or federal law, including without limit illegal gambling activity. We reserve the right to deny transactions or authorizations from merchants that appear to be engaged in illegal activities. We are not responsible if anyone does not allow you to use your Card Account or refuses to accept your Card. We may decline any transaction at any time.

Notifying You of Your Credit Limits

If we approve your application, the Initial Credit Limit (the “Initial Credit Limit”) for your Card Account will be $0. In order to increase your Credit Limit, you must activate your Card and make a deposit in your Secured Deposit Account. Your Credit Limit will depend on the amount you deposit to your Secured Deposit Account. We will notify you of any change in your Credit Limit as may be required by law. Changes to your Credit Limit may take effect before you receive such notice.

Amount of Your Credit Limit

Your Credit Limit may be tied to and/or limited by the balance of your Secured Deposit Account. Generally, when you make deposits to your Secured Deposit Account (see your Secured Deposit Account Agreement for information on adding funds to your Secured Deposit Account), we will increase your Credit Limit to the balance of your Secured Deposit Account until such balance reaches the applicable maximum. The maximum is $10,000.00 unless we elect to amend it. We shall provide the required notice prior to any amendments decreasing the maximum balance for your Account.

Future Credit Limit Changes

We may increase or decrease your total Credit Limit at our discretion. Increasing the funds in your Secured Deposit Account may not necessarily result in an increase in your Credit Limit. See “Secured Deposit Account and Credit Availability” in Section II(J), below. For the avoidance of doubt, We shall provide the required notice prior to any amendments decreasing the maximum balance for your Account.

Your Credit Limit Obligations

Your Credit Limit after opening your Card Account will appear on your Billing Statements.

You promise not to engage in any transactions that will cause you to exceed your Credit Limit. This means that your Card Account balance, including any fees, plus any transactions we have authorized but that have not yet been processed, may not exceed your Credit Limit at any time.

If you attempt a transaction that would cause you to exceed your Credit Limit, we may in our discretion authorize the transaction without increasing your Credit Limit or we may deny the authorization. If we do allow you to exceed your Credit Limit at any time, that does not obligate us to do so any other time. Without limiting our other rights under this Agreement, including our rights under the “Our Rights Upon Default” Section II(N), you agree that if you exceed your Credit Limit at any time you will pay us for the full amount of your balance including the excess over the Credit Limit, as applicable, by the Payment Due Date.

Cash Access and Transaction Limitations / Cash Deposits using the Card / Visa Money Transfers

1. Cash Access and Transactions Limitations:

With your PIN, you may use the Card to obtain cash from your Card Account at any ATM device, as permissible by a merchant, that bears the Visa®, Interlink®, or Plus® acceptance marks. All ATM transactions are treated as cash withdrawal transactions. You may use the Card at an ATM and withdraw funds at a participating bank (“Over The Counter” or “OTC” withdrawals). Cash Advances, including ATM cash withdrawals, OTC cash withdrawals, cash withdrawal fees, third-party fees, and Purchases are all subject to your Credit Limit. Cash Access methods other than through an ATM, such as Over The Counter transactions, may not be available.

Below are the itemized Cash Access and spending limits for your Card Account at the time of Account opening. Certain members may later be eligible for higher transaction limits at our discretion, based on Card Account history. We may lower these limits with the required notice to you. To determine the current limits that apply to you, you can access them under the Settings menu of the Mobile App, contact Member Services by calling 844-244-6363, email us at [email protected], or ask the Chime Chatbot within the Mobile App.

2. Cash Deposits using the Card: 

(i) Subject to the “Maximum Balance” deposit limit as set forth in Section II (H) of your Secured Deposit Account Agreement and the limits in sub-section iii below, you may deposit cash to your Secured Deposit Account using your Card. You acknowledge and agree that these cash deposits will initially land in the Card Account and then will be automatically transferred to your Secured Deposit Account. Therefore, you expressly authorize us to make this automatic transfer from your Card Account to the Secured Deposit Account in the amount of the cash deposit to your Card Account, and immediately upon the cash deposit to your Card Account.

(ii) Cash Deposit Limit:

(iii) Funds Availability

Our policy is to make funds from your cash deposits using your Card available in your Secured Deposit Account no later than the first business day after the day we receive your cash deposit.

Business days are Monday through Friday, excluding Federal holidays. Cash deposits received by midnight Mountain Time will be considered same-day cash deposits. Any cash deposits received after that time will be processed on the following business day.

Though infrequent, in certain cases we may delay the availability of these funds for a longer period of time, such as where a delay is necessary to maintain the security of your account or our systems due to, but not limited to, suspected fraud, account(s) take over, or any hacking type intrusions.

NOTE: You acknowledge and agree that a Cash Deposit using your Card is only for deposit to the Secured Deposit Account and NOT as payment for any Card balance due and owing.

3. Visa Money Transfers to your Card Account (the “VMTs”):

You acknowledge and agree that VMTs will not be automatically transferred to the Secured Deposit Account but will be added to your Available to Spend Amount.

Secured Deposit Account and Credit Availability

Payments on your Card Account and deposits and withdrawals in your Secured Deposit Account will change your Credit Limit and your Available to Spend Amount. Pending Purchases, merchant credits for returns, and Authorization Holds (“Pending Transactions”) may have an effect on your Available to Spend Amount. This section describes when and how your Purchases, Pending Transactions, Card Account payments and changes to your Secured Deposit Account balance will affect your Credit Limit and Available to Spend Amount. Crediting of payments for purposes of your scheduled payment obligations is described in “Receipt and Crediting of Payments” in Section II(L), below. For purposes of your Credit Limit and Available to Spend Amount, the following changes will apply:

1. Single or recurring payments you make on your Card Account from a third-party financial institution, or your Chime Checking Account will increase your Available to Spend Amount within one (1) Business Day after we receive the payment; 
2. Single or recurring Payments you make on your Card Account from your Secured Deposit Account will decrease your Credit Limit immediately after we receive the payment;
3. Purchases, including any “Authorization Holds” as described in Section II(M), will decrease your Available to Spend Amount immediately when the Card is used at the merchant;
4. Subject to Section II(G) “Future Credit Limit Changes”, single or recurring deposits you make in your Secured Deposit Account, will increase your Credit Limit within one (1) Business Day after we receive the deposit and may, but not necessarily, increase your Available to Spend Amount; and
5. Subject to Pending Transactions, single or recurring deposits you make into your Secured Deposit Account may increase or decrease your Available to Spend Amount.

For purposes of your access to your Secured Deposit Account, at no time will you be able to access more than the Available to Spend Amount. See Secured Deposit Account Agreement.

Promise to Pay

a. General Promise to Pay. You promise to pay us all amounts you owe on your Card Account, including without limit, the total amount of all Purchases and all other charges and fees described in this Agreement. You must make a payment every month that your Card Account reflects a New Balance (the New Balance is the entire amount that you owe us at that time), even when your Card Account may be suspended, or where we have cancelled or suspended certain credit privileges. If we do not receive your Total Due by the Payment Due Date reflected on your Billing Statement, it will be considered late, and you will be in Default. See “Our Rights Upon Default” in Section II(N), below, for consequences of Default.

b. Making Payments. All payments to us must be made in U.S. Dollars. You may enable automatic payments from your Secured Deposit Account to your Card Account by selecting the “Build Credit Safely” option at enrollment, or by enabling automatic payments at any time thereafter in the settings menu in the Mobile App. You do not need to enable automatic payments to be able to deposit funds into the Secured Deposit Account or make Purchases with your Card Account. Your access to credit and “Available to Spend Amount” will be determined in the same manner whether or not you enable automatic payments. You may disable automatic payments at any time in the settings menu.

If you enable automatic payments, funds from your Secured Deposit Account in the amount of the Total Due will be used to pay your New Balance automatically, on or before your Payment Due Date, every month that your Card Account reflects a New Balance (the New Balance is the entire amount that you owe us at that time). Automatic payments will be made even when your Card Account may be suspended, or when we have cancelled or suspended certain credit privileges. When your payment is applied, your Available to Spend Amount will be reduced until you replenish your Secured Deposit Account balance.

You have the right to receive notice of your automatic payment amount ten (10) days prior to the payment occurring. By agreeing to “Build Credit Safely” or selecting one (1) day notice in the application settings, you agree to opt-out of ten (10) days’ notice and instead will have your automatic payment applied one (1) day after the Statement Date so long as the payment amount falls within the range between $0.00 and the total amount you’ve transferred into the Secured Deposit Account. If the payment falls outside that range, your automatic payment will be limited to the amount in your Secured Deposit Account, and you will have twenty-one (21) days from the Statement Date to pay the remaining amount due. You may change your notice period between the one (1) and ten (10) day options at any time in the settings menu in the Mobile App.

You can also make payments by scheduling one-time manual payments from any bank account (including the Secured Deposit Account and your Chime Checking Account) that belongs to you by logging onto the Mobile App. We will not charge you a fee when you use your Chime Checking Account or Secured Deposit Account to make a payment; we will not charge you a fee when you use another third-party bank account; however, that bank might, so check with that financial institution for its limitations and fees. See “Fees” in Section II(Q), below. If your Card Account is suspended, or if we have cancelled or suspended certain credit privileges, you may make payment using a third-party bank account. If you need your Chime Account information to initiate payment, contact us by calling our Customer Service Department at 1-844-244-6363.

c. Total Due Payment Requirement. Each month you must pay the Total Due that is shown on your Billing Statement, and we must receive that payment on or before the Payment Due Date shown on each Billing Statement. The Payment Due Date will be the same day of each calendar month (although if the Payment Due Date is not a Business Day, we will treat any payment received by 5:00 p.m. Eastern Time on the next Business Day as having been made on the Payment Due Date). See “Receipt and Crediting of Payments,” Section below. If your Total Due Payment is not received by your Payment Due Date, you will be in Default. See “Our Rights Upon Default” in Section II(N), below, for consequences of Default.

Receipt and Crediting of Payments

To ensure a timely payment, we must receive your payment by 5 p.m. Eastern Time on a Business Day in order to be credited to your Card Account on that day. For purposes of your payment obligations, the following describes when your payments must be made in order to be credited to your Card Account on a timely basis.

1. Chime Checking Account or Secured Deposit Account Payments. A Chime Payment received by us by 5:00 p.m. Eastern Time will be credited to your Card Account at the time that we receive it. A “Chime Payment” is a payment that is authorized using your Chime Checking Account or Secured Deposit Account that is delivered on or before your Payment Due Date.
2. Other Payment Options. All “Other Payments” received by us by 5 p.m. Eastern Time on a Business Day will be credited to your Card Account the day of receipt. “Other Payments” is a payment that is made through a third-party financial institution via Automated Clearing House (ACH) and includes your accurate Card Account number in the payment instructions.
3. Non-Conforming Payments. Any payment method that does not meet the requirements of the “Other Payments” is “non-conforming.” Non-conforming payments will be credited to your Card Account within 5 days so long as we can identify your Card Account.
4. Application of Payments. Subject to applicable law, we will apply and allocate payments and any credits on your Card Account among balances and charges in any order and manner determined by us in our sole discretion. You agree that we have the unconditional right to exercise this discretion in a way that is most favorable or convenient to us.
5. Irregular Payments. We may accept late payments, partial payments, or payments marked “payment in full” without losing our rights under this Agreement, including the right to require full payment of all amounts owed under this Agreement.

Authorization Holds

Transactions at some merchants (such as hotels, car rental companies, restaurants, and gas stations) may result in temporary authorizations for amounts greater than the actual Purchase amount. If this happens, it will make less credit available to you on your Card Account for several days (usually until the date the actual Purchase amount is received by us from the merchant). Because such transactions may take several days to post as a Purchase amount on your Card Account, you may see such amounts posted to your Card Account even where your Card Account has previously been suspended or any credit privileges have been cancelled or suspended.

Our Rights Upon Default

a. Events of Default. We may consider your Account to be in Default if any of the following occurs (“Default”): (i) you fail to meet the conditions, to perform any obligation, or to make any required payment under this Agreement or any other agreement that you make with us relating to the Debt; (ii) you have given us false or misleading information or misrepresentations; (iii) you die or are legally declared incapacitated; (iv) any government authority takes action that we believe adversely affects your financial condition or ability to repay the Debt; (v) any guaranty or other agreement required in connection with the Debt is violated or ineffective; or (vi) you file a bankruptcy petition, a bankruptcy petition is filed against you, or you make a general assignment for the benefit of creditors. If you Default, the Bank may declare all of the Debt immediately due and payable. The Bank may also exercise all the rights of an owner of the Secured Deposit Account, as provided in your Secured Deposit Account Agreement. “Debt” includes all amounts you owe to the Bank, including but not limited to fees and charges that may accrue under your Card Account, and also include without limitation any continuing guaranty arising from the Card Account, as well as each extension, refinance or renewal of such obligations, and any expenses that the Bank incurs in enforcing your obligations under this Agreement, including fees for independent and/or in-house counsel, where allowed by law. Your Secured Deposit Account does not secure any obligations to us other than the Debt, as defined above.

b. Our Rights Upon Your Default. Unless you are a Covered Borrower under the Military Lending Act, you waive any defense against the Bank. Upon any Default, we are authorized to exercise all of our rights under the security interest that you have granted to us in your Secured Deposit Account. See your Secured Deposit Account Agreement for details. Without limiting the foregoing, we may act as owner of the Secured Deposit Account, withdraw funds from the Secured Deposit Account, and apply all or any portion of the funds at any time(s) to repayment of the Debt and our costs in enforcing our rights hereunder and under the Secured Deposit Account Agreement. Your Card Account privileges may also be suspended, subject to reinstatement at our discretion. We are irrevocably appointed as attorney-in-fact for the limited purpose of executing any instruments required to satisfy the Debt.

Our rights stated in this Agreement and in the Secured Deposit Account Agreement are in addition to any others we have under the law. If there is a conflict regarding the security interest between this Agreement or Secured Deposit Account Agreement and any other agreement, this Agreement and the Secured Deposit Account Agreement will control. You represent that no insolvency proceeding or general assignment for creditors is pending that would affect the Bank’s security interest. If the Bank waives or delays exercising a right, it does not forfeit that right or any others. You waive any defense you may have against the Bank. The Bank can exercise its rights against the Secured Deposit Account even if you are no longer liable on the Debt because of a statute of limitations or because of other reasons. Until the Debt is fully repaid, and you have no further obligations under this Agreement, you will subordinate in favor of the Bank any right of subrogation and any right to enforce a remedy the Bank now has or may later have.

Authorized Users

If you give your Card to any other person to use or otherwise authorize any person to use your Card Account, you will be responsible for that person’s use of your Card Account and anyone else they allow to use your Card Account, even if you did not anticipate, or agree to, that use. If you suspect unauthorized use, contact Chime Member Support at [email protected]. However, you must notify us in writing if you wish to revoke any permission you gave to another person to use your Card Account. We will take commercially reasonable efforts to restrict unauthorized use, including replacing your Card with a new Card.

Billing Statements

Each month while your Account is open, we will provide you with a Billing Statement showing your New Balance, Total Due, and the Payment Due Date. We will provide the Billing Statement to you electronically by notifying you by email that your Billing Statement is available. When you receive this email, you will need to login to your Card Account at chime.com or the Chime Mobile App to view and print your Billing Statement. We may discontinue sending Billing Statements to you if we deem your Card Account to be uncollectible or if we sent your Card Account to an attorney or other third party for collection purposes.

Fees

a. Annual Fee. There is no annual fee on your Card Account.

b. Late Payment Fee. If your Total Due is not received by your Payment Due Date, you will not be charged a late payment fee, however, it will be considered late and you will be in Default. See “Our Rights Upon Default” in Section II(N), above, for consequences of Default.

c. Foreign Transaction Fees. There is no fee for foreign transactions (see “Foreign Transactions” below for additional restrictions on such transactions).

d. Card Replacement Fee. There is no fee to replace a Card for any reason. You are responsible for safeguarding your Card. We reserve to the right to cancel your Card Account for excessive requests for Card replacement. The determination of what constitutes excessive shall be made in our sole discretion.

e. Fees for Other Services. We may charge you other fees for services associated with your Account that you request in accordance with applicable law.

f. Cash Withdrawal Fees. We charge Cash Withdrawal Fees in the form of OTC Cash Withdrawal Fees and Out-of-Network ATM Withdrawal Fees. We charge a $2.50 OTC Cash Withdrawal Fee for each Cash Advance obtained through an interaction with a customer service representative of a bank or other establishment honoring the Card.

We do not charge Out-of-Network ATM Withdrawal Fees for transactions at Allpoint® or Visa® Plus Alliance ATMs, or at MoneyPass® ATMs that are located in 7-Eleven, Inc. locations. All other ATM transactions are subject to a $2.50 Out-of-Network ATM Withdrawal Fee. 

In addition to any fee we charge, the ATM operator may charge you a fee for any transaction or balance inquiry made at an ATM that is not a MoneyPass, Allpoint, or Visa Plus Alliance ATM or any MoneyPass ATM that is not inside a 7-Eleven location. This ATM fee amount will be charged to your Card Account.

Consent to Electronic Disclosures

This Card Account is only available electronically. In order for you to obtain and maintain the Account, you agree to receive all disclosures electronically, pursuant to the Electronic Communications Agreement which you previously agreed to when you opened your Checking Account and available at chime.com/policies/bancorp/electronic-communication-agreement/. If, for some reason, you cannot receive communications electronically in the future, you should close your Card Account. See “Cancellation and Change in Terms” in Section II(Z) of this Agreement for more information on closing your Card Account and the consequences of doing so.

Liability for Certain Unauthorized Card Transactions

If you believe that your Card or Card Account has been used without your permission, contact us at once by calling our Customer Service Department at 1-844-244-6363 or initiate a dispute in the App via self-service. Except as provided below, your liability for unauthorized transactions that take place on the Visa system is zero dollars ($0). We may require you to provide a written statement regarding claims of unauthorized transactions. This protection does not apply if we determine that you have been fraudulent or negligent in the handling of your Card. These provisions limiting your liability also do not apply to any credit transactions that are not processed by Visa. See “YOUR BILLING RIGHTS” below for more information concerning your rights and our responsibilities under the Fair Credit Billing Act and your potential liability for transactions that are not covered by this section.

Disputes

We are not responsible for refusal by any merchant, financial institution, or automated equipment to honor or accept your Card, and we have no responsibility for merchandise or services obtained by you with your Card except as provided in the “YOUR BILLING RIGHTS” section of this Agreement below. You agree to use your best efforts to resolve any dispute concerning merchandise or services with the merchant concerned.

Cards

Any Cards that we issue to you belong to us. We, a merchant, or any party acting on our behalf, may retain your Card without prior notice to you. You agree to sign your Card in the space provided for authorized signatures before you use the Card. Your Card is issued with an expiration date. We have the right not to renew your Card or Card Account. If we have not terminated your Account or exercised our right not to renew your Card Account, we will send you a new Card when your prior Card expires.

Right of Reversal, Problems That Could Occur with Deposits, Transfers, or Credits to your Accounts

Error Adjustments: If funds are deposited, transferred, or credited to your Secured Deposit Account by mistake or other error, we may correct the situation by deducting the amount of the erroneous deposit, transfer, or credit from your Account without prior notice to you. If there are not enough funds in your Checking Account or Savings Account at that time, your Checking Account or Savings Account (including those subject to the SpotMe for Credit Builder Account) could become overdrawn. Such adjustments may also cause you to exceed your Card Account’s Credit Limit. See the “No Overdrafts” and “Right to Set Off” sections of your Deposit Account Agreement or Savings Account Agreement, or the “Amount of Your Credit Limit” and “Your Credit Limit Obligations” sections of this Agreement, for more information about what could occur if you have a negative balance in your Checking Account or Savings Account or overdraw your Card Account Credit Limit.

No Waiver of Rights

We may delay in enforcing our rights under this Agreement without losing those rights or any other rights. We may waive enforcement of our rights in one or more instances without waiving those rights or any other rights in other instances. Subject to applicable laws, unless you are a “Covered Borrower” under the Military Lending Act, which generally includes an active duty servicemember or dependent of a servicemember and is defined at 32 CFR § 232.3, you waive presentment, notice of dishonor, protest, and all other demands and notices in connection with the delivery, acceptance, performance, or enforcement of this this Agreement.

Our Communications with You

You expressly authorize us (which includes, for purposes of this paragraph, our affiliates, agents, and contractors) to monitor or record any calls between you and us. If we need to contact you to service your Card Account or to collect amounts you owe to us, you authorize us to contact you at any number: (a) you have provided to us; (b) from which you called us; or (c) which we obtained and believe we can reach you at (including wireless, landline and Voice Over Internet Protocol numbers). We may contact you in any way, such as calling, texting, or email. We may contact you using an automated dialer or using artificial or pre-recorded messages. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you, and you agree that we will have no liability for anyone accessing such messages. You further agree that we may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider of telecommunications, wireless and/or data services, and you agree that we will have no liability for such charges. You agree that you are the owner and/or primary user of any telephone number or email address you provide to us and that you will promptly notify us if this is no longer true as to any such telephone number or email address.

Assignments and Transfers

Your rights under this Agreement may not be transferred by operation of law or otherwise. However, your obligations under this Agreement shall be binding upon your estate or personal representatives. The Bank may sell your Card Account and Secured Deposit Account and/or assign or transfer this Agreement and our related rights and obligations without prior notice to you and without your consent.

Cancellation and Change in Terms

a. You May Close Your Card Account. You may close your Card Account at any time by calling 1-844-244-6363. We will cancel your Card Account after we receive notice from you and have a reasonable opportunity to process your notice. You agree that we are not responsible for any costs, damages, or inconvenience you may suffer as a result of our cancelling your Card Account.

b. We May Close Your Card Account. Even if you are not in Default, we may:

• close your Card Account;
• cancel or suspend your privileges to make Purchases; or
• otherwise cancel or suspend any Card Account privileges or benefits (whether or not such privileges or benefits are described or referred to in this Agreement). We may do so for any reason, including Card Account inactivity, in our sole discretion. We will provide you with notice of any such action if required to do so by applicable law.

c. No More Transactions if Card Account is Closed. If either you or we close your Card Account, you may not make further Purchases with your Card or Card Account. However, you will remain responsible and must pay for all credit owed to us (extended to you or arising from use of your Card Account prior to or subsequent to cancellation). We also will return to you the funds from your Secured Deposit Account only as described in the Secured Deposit Account Agreement.

Changing Terms of Your Card Account

We may amend the terms of this Agreement, including the amount of any Card Account fees, from time to time in our sole discretion. Depending on the nature of the change, the amendment to this Agreement may, on or after the date on which it becomes effective, apply to all of your then-outstanding unpaid indebtedness to us under your Card Account. If required by applicable law, we will (a) send notice of the changes to you at the address shown on our records for you and (b) give you the right to opt out of the change. If you opt out of the change you will be unable to initiate any further transactions on the Card Account and you will be required to repay the amount that you owe us under the terms and conditions of the then existing Agreement.

Governing Law

You understand and agree that (a) this Agreement is subject to applicable federal laws and, to the extent not preempted by federal law, the laws of the State of South Dakota, and (b) your Card Account was opened or will be continued after approval by us in the State of South Dakota. If any provision of this conflicts with applicable law, that provision shall be considered modified to the extent necessary to comply with such law. In particular, if you are a Covered Borrower under the Military Lending Act, any provision of this Agreement that is inconsistent with the Military Lending Act does not apply to your Account.

Obtaining Credit Information

When you applied for your Card Account, you authorized us to make or have made any credit, employment, or other investigative inquiries we deemed appropriate (including, without limit, obtaining a consumer report) prior to extending credit to you. You also authorized us to make such inquiries and obtain consumer reports when renewing, updating, or collecting on your Card Account in the future. Upon your request, we will tell you whether we obtained a consumer report and the names and addresses of any consumer-reporting agencies that provided such reports.

Foreign Transactions

You may choose to use your Card to make a Purchase or obtain funds in a foreign country (a “Foreign Transaction”). If your Foreign Transaction is in a currency other than U.S. dollars, the transaction will be converted into a U.S. dollar amount by Visa International Inc. (“Visa”), using the procedures established by Visa, based on the exchange rate in effect at the time the transaction is processed. The exchange rate between the transaction currency and the billing currency used for processing Foreign Transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or a government-mandated rate in effect for the applicable central processing date, in each instance. There is no Foreign Transaction Fee as disclosed in the table at the top of this Agreement. We monitor your accounts for signs of potential fraud, which could include the use of your Card in a manner that is out of the ordinary.

If you are planning on using your Card in a foreign country (for example, if you are traveling abroad) please let us know in advance. Otherwise, it is possible that your Foreign Transactions may be delayed or declined. For example, there are some countries in which we are required by law to block transactions and some countries for which we will not authorize the use of your Card Account due to fraud, terrorism, or other concerns. Those countries change from time to time, so contact us in advance if you are planning on using your Card in a foreign country and want to confirm that the Card can be accepted in that country.

Disclosure of Information to Third Parties

By requesting, obtaining or using a Card from us you agree that we may release information in our records regarding you and your Card Account: (a) to comply with government agency or court orders; (b) to share your credit performance with credit reporting agencies and other creditors who we reasonably believe are or may be doing business with you on your Card Account; (c) to provide information on your Card Account to any third party who we believe is conducting an inquiry in accordance with the Federal Fair Credit Reporting Act; (d) to share information with our employees, agents or representatives performing work for us in connection with your Card Account; or (e) as otherwise permitted by the Bank’s privacy notice. We provide a copy of the Bank’s privacy notice at the time your Card Account is established and annually thereafter. The Bank’s privacy notice is also available on our website at chime.com/policies/bancorp/privacy-policy/.

Furnishing Information to Third Parties

If you believe that we have furnished any inaccurate information relating to your Card Account to any consumer-reporting agency, you may notify us at the following address: [email protected]. To help us respond to your notification, you must include your Card Account number, Social Security number, the name of the consumer-reporting agency reflecting the inaccurate information, and an explanation of why you believe the information is inaccurate. You understand that you may also contact the appropriate consumer-reporting agency directly at the following address and toll-free number: Equifax, P.O. Box 740241, Atlanta, GA 30374, 1.800.685.1111; Trans Union, P.O. Box 1000, Chester, PA 19022, 1.800.916.8800; or Experian, P.O. Box 2002, Allen, TX 75013, 1.888.397.3742.

Force Majeure

Unless otherwise required by applicable law, we are not responsible and will not incur liability to you for any failure, error, malfunction, or any delay in carrying out obligations under this Agreement if such failure, error, or delay results from causes that are beyond our reasonable control (including, but not limited to inclement weather, fire, flood, acts of war or terrorism, and earthquakes).

Military Annual Percentage Rate Disclosure

Federal law provides important protections to active-duty members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a card account). To hear this same disclosure and for a general description of your payment obligations for this Account, call the following toll-free number 1-844-244-6363.