MyPay at Work Agreement

The terms and conditions under which The Bancorp Bank, N.A. (“Bank”), its authorized representatives, service providers, successors and assigns (“we,” “us,” and “our”) agree to establish a MyPay at Work credit account (the “Account” or “MyPay at Work”) for the member (“you” and “your” and “member”) are contained in this MyPay at Work Agreement (“MyPay at Work Agreement” or “Agreement”). When this Agreement refers to a numbered “Section,” that refers to a Section in this Agreement, including all of its subsections, unless we refer to a specific subsection or a document other than this Agreement. Please read this Agreement carefully, save a copy, and keep it with your Account records. When this Agreement says we “may” take an action, this means we are authorized to take the action in our sole discretion, subject only to any limitations or requirements established by applicable law or the express terms of this Agreement. Capitalized words not defined in this paragraph are generally defined with their first use below.

Initial Eligibility

• You are eighteen (18) years of age or older;

• You live in a state where MyPay at Work is offered (see State Eligibility in this Section, below);

• You are a member of Chime Financial, Inc. (“Chime”) with a Chime checking account (“Chime Checking Account”) in good standing with Bank;

• You are employed by an employer participating in the Chime marketing program, a (“Participating Employer” or “Employer”);

• You receive a direct deposit of $200 or more from a Participating Employer in order to advance funds;

• You do not have an outstanding Instant Loans balance; and

• You do not have an outstanding MyPay balance.

Continued Eligibility

For continued access to MyPay at Work, you must remain employed by a Participating Employer and receive a direct deposit of $200 or more from a Participating Employer within thirty-six (36) days of your last direct deposit from a Participating Employer.

State Eligibility

You must live in one of the following states or the District of Columbia to be eligible for MyPay at Work: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wyoming.

You must live in a state where MyPay at Work is offered and continue to live in that state in order to use MyPay at Work. If you move to a state where MyPay at Work is not offered, you will not be able to use MyPay at Work. If you change your address, please update your address by calling 1-844-244-6363.

If you meet the minimum eligibility requirements above and have been invited to enroll in MyPay at Work, you can enroll through the Chime App.

You understand and agree that failure to maintain eligibility requirements may result in termination of your MyPay at Work account.

MyPay at Work is offered by us and not your Employer. Your Employer has no role in setting up your Chime Checking Account or any other account at Chime, including your MyPay at Work Account. You direct Chime to obtain salary and compensation and your time and attendance information from your Employer in order for us to continue to make MyPay at Work available to you. You can revoke this direction at any time by terminating your MyPay at Work Account in accordance with the “Termination and Repayment” section below.

Credit Limit and Available Now Amount

Your Credit Limit is the maximum total dollar amount of Advances (see Section VI, below) that you could receive during a pay period, which is the interval between expected direct deposits.  Your Credit Limit is based on the amount of your unpaid earnings, provided by your Participating Employer, that are allocated to your Chime account, less any standard deductions taken by your Participating Employer. Your entire Credit Limit may not be available for Advances at all times during a pay period. The initial Credit Limit of your Account is provided in the Chime App, and in the future you can check your Credit Limit at any time in the App. You understand and agree that we may reduce or increase your Credit Limit in our discretion at any time.  You understand and agree that we do not have to provide you with advance notice of changes to your Credit Limit. Requests for increases in Credit Limits are not accepted or permitted. Your Credit Limit may be affected by direct deposit activity, Chime and Bank account activity, and risk-based criteria. If for any reason the outstanding balance of your Account exceeds your Credit Limit, you promise to immediately repay the amount that exceeds your Credit Limit.

Available Now Amount

Your “Available Now” amount is the amount of the Advance available at any given time, and will be equal to your Credit Limit less any Advances you have already taken. Your Available Now is between 50%-100% of your net earnings and may be impacted by your use of other products and services.  Your Available Now amount accrues as you work during your pay period. Your Available Now amount at any given time is shown in the Chime App.

You acknowledge and agree to the fluctuating increase and decrease of Credit Limits and Available Now amounts.  We may raise or lower Credit Limits and Available Now amounts at any time.

Your Promise to Us

You agree to the terms and conditions of the Agreement and promise to do everything the Agreement requires of you. You promise to pay us any amount due on your Account, now and in the future, on the date your direct deposit from which such amount was taken is deposited into your Chime Checking Account. This promise applies any time the Account is used by you or by others you authorize to use the Account. The amounts you promise to pay in connection with your Account include the unpaid balance of all Advances (as defined in Section VI, below) made to or on behalf of you as described in and required by the Agreement. Please note that there is no penalty or late fee for failure to pay an Advance or an outstanding balance. Neither Bank nor Chime will furnish information about your use of MyPay at Work to credit reporting agencies or other creditors and neither Bank nor Chime will send any amounts unpaid to any third parties for the purpose of collections.

Subject to the Credit Limit and the Agreement’s other terms and conditions, once you have opened a MyPay at Work Account you may request an advance (“Advance”) to receive a portion of your Credit Limit at a given point in time before your next expected Employer direct deposit. Advances must be requested in the Chime App.

Waiver of Notice

You waive notice of each of the following acts and agree that none of the following acts release or discharge you from any of your duties under this Agreement or give rise to any claim or defense in your favor: any renewal, extension, modification, or the granting of any waiver of any nature whatsoever by us; any addition of or partial or entire release of a member.

Mistake

In no event will we charge more than applicable law allows, but if we do by mistake, we will return any overcharge to you.

Merger and No Other Writings

This Agreement, as amended from time to time pursuant to the terms of the Agreement, constitutes the complete and entire statement of all conditions and representations with regard to the subject matter herein and supersedes all prior writing or understandings, whether written or oral. A credit agreement must be in writing to be enforceable. Oral agreements or commitments to lend money, extend credit, or forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable.

Communications Concerning Disputed Debts

ALL OF YOUR COMMUNICATIONS TO US ABOUT DISPUTED DEBTS MUST BE SENT TO US IN WRITING AT THE FOLLOWING ADDRESS:  PO BOX 417, SAN FRANCISCO, CA 94104.

Consent for Communications

By providing at any time the number of your landline telephone, mobile telephone or other wireless device or email address, you give your express consent for us and any of our affiliates, agents, service providers, or assignees to call you, using an automatic telephone dialing system or otherwise, to leave you a voice, prerecorded or artificial voice message, and to send you a text, email, or other electronic message for any purpose related to the servicing and collection of the Account and for other informational purposes related to the Account and any product or service you request or obtain from us (each, a “Communication”). You agree that we and any of our affiliates, agents, service providers, or assignees may send a Communication to any telephone number associated with your Account that you provide to us, now or in the future, including mobile telephone numbers. You agree that we and any of our affiliates, agents, service providers, or assignees may send an email message to any email address associated with my Account that you provide to us, now or in the future. You agree that we and any of your affiliates, agents, service providers, or assignees may include your personal information in a Communication. We will not charge you for a Communication, but your service provider may. You understand and agree that we and any of your affiliates, agents, service providers or assignees may always communicate with you in any manner permitted by law that does not require your prior consent. You agree that we and any of your affiliates, agents, service providers, or assignees may monitor and record telephone calls with you to assure the quality of service or for other business reasons, without the need for any additional notice to you or approval from you, unless required by applicable law.

Customer Changes

You must tell us at once if you change your name or address. You may notify us by calling 1-844-244-6363.

Correction of Clerical Errors.

You agree to fully cooperate and adjust for clerical errors if we request that you do so.

Severability

If any provision of this Agreement is in conflict with applicable law, that provision will be considered to be modified as necessary to confirm with applicable law.

MANDATORY ARBITRATION

UNLESS OTHERWISE STATED IN THIS AGREEMENT, AND EXCEPT WITH RESPECT TO A BORROWER COVERED BY THE MILITARY LENDING ACT, ANY “DISPUTE” BETWEEN THE PARTIES SHALL, AT THE ELECTION OF YOU, US, OR ANY OF OUR SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “PARTIES”), BE RESOLVED BY A NEUTRAL, BINDING ARBITRATION, AND NOT BY A COURT OF LAW. THIS PROCEDURE INCLUDES ANY DISPUTE OVER THE INTERPRETATION, SCOPE, OR VALIDITY OF THIS AGREEMENT, THE ARBITRATION AGREEMENT, OR THE ARBITRABILITY OF ANY ISSUE, EXCEPT THAT THE PARTIES’ WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR TO PARTICIPATE IN A CLASS ACTION AS PROVIDED FOR UNDER PARAGRAPH 7 SHALL BE SOLELY DETERMINED BY THE APPROPRIATE COURT, IF NECESSARY. THE ARBITRATION AGREEMENT APPLIES TO THE PARTIES, INCLUDING THEIR RESPECTIVE EMPLOYEES OR AGENTS, AS TO ALL MATTERS THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT, OR ARE IN ANY WAY CONNECTED WITH THE PARTIES’ RELATIONSHIP AND THE ORIGINATION, SERVICING, OR COLLECTION OF ANY LOAN OR LINE OF CREDIT CONTEMPLATED BY THE AGREEMENT.

DISPUTE

THE TERM “DISPUTE” MEANS ANY ACTION, DISPUTE, CLAIM, OR CONTROVERSY OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE AGREEMENT, FINANCING, CONTRACTS, ORIGINATION, SERVICING, COLLECTION, REPORTING, OR ANY OTHER ASPECT WHATSOEVER OF THE PAST, PRESENT, OR FUTURE RELATIONSHIP OR CONDUCT OF THE PARTIES. THE TERM “DISPUTE” INCLUDES WITHOUT LIMITATION: CLAIMS UNDER FEDERAL OR STATE CONSUMER PROTECTION LAWS; CLAIMS IN TORT OR CONTRACT; CLAIMS UNDER STATUTES OR COMMON LAW; CLAIMS AT LAW OR IN EQUITY; ANY OTHER PAST, PRESENT, OR FUTURE CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE.

FACTS ABOUT ARBITRATION

ARBITRATION IS A PROCESS IN WHICH A NEUTRAL ARBITRATOR DECIDES A DISPUTE INSTEAD OF A JUDGE OR JURY. EACH SIDE HAS AN OPPORTUNITY TO PRESENT SOME EVIDENCE TO THE ARBITRATOR. A PARTY’S ABILITY TO DISCOVER THINGS MAY BE LIMITED. ARBITRATION PROCEEDINGS ARE PRIVATE AND LESS FORMAL THAN COURT TRIALS. OTHER RIGHTS THAT THE PARTIES MIGHT HAVE IN COURT MIGHT NOT BE AVAILABLE IN ARBITRATION. AN ARBITRATOR ISSUES AN AWARD. A COURT MAY THEN ENFORCE THE AWARD LIKE A COURT JUDGMENT. COURTS RARELY OVERTURN AN ARBITRATOR’S AWARD.

RULES

WRITTEN NOTICE SHALL BE GIVEN FOR ANY DISPUTE. SUCH NOTICE SHALL BE GIVEN BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. ANY NOTICE WE SEND YOU MUST BE SENT TO THE MOST RECENT ADDRESS WE MAINTAIN FOR YOU IN CONNECTION WITH THIS AGREEMENT. ANY NOTICE YOU SEND US OR OUR ASSIGNEE OR SUCCESS MUST BE SENT TO THE ADDRESS IN PARAGRAPH N OF THIS ARBITRATION AGREEMENT. THE PARTY INITIATING THE ARBITRATION MUST SET FORTH IN THE NOTICE THE NATURE AND FACTUAL BASIS OF THE DISPUTE, THE NAMES AND ADDRESSES OF ALL OTHER PARTIES, THE AMOUNT INVOLVED, AND THE SPECIFIC RELIEF REQUESTED. THE PARTY RESPONDING TO SUCH A NOTICE MAY ANSWER AND SIMILARLY SET FORTH ANY COUNTERCLAIMS. THE ARBITRATION SHALL BE CONDUCTED BY ONE NEUTRAL AND IMPARTIAL ARBITRATOR MUTUALLY AGREED UPON BY THE PARTIES. THE ARBITRATOR MUST BE AN ATTORNEY OR RETIRED JUDGE. IN THE EVENT THAT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE PARTIES AGREE THAT AN ARBITRATOR MAY BE APPOINTED BY A COURT IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (9 U.S.C. §§1, ET SEQ.). THE ARBITRATOR MAY CONDUCT ALL NECESSARY PRELIMINARY PROCEEDINGS, PROVIDE FOR THE EXCHANGE OF INFORMATION AND/OR DISCOVERY, AND SET THE TIME, DATE, AND PLACE OF ANY HEARING, AFTER REASONABLE NOTICE TO AND CONSULTATION WITH THE PARTIES. THE AWARD SHALL BE ISSUED, WITHOUT A WRITTEN DETERMINATION, NO LATER THAN 30 DAYS FROM THE DATE ANY HEARING IS COMPLETED.

STANDARDS AND LAW

THE PARTIES AGREE THAT THE AGREEMENT INVOLVES INTERSTATE COMMERCE AND THAT THIS ARBITRATION AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1 THROUGH 16 AS AMENDED (“FAA”). THE ARBITRATOR SHALL STRICTLY APPLY APPLICABLE SUBSTANTIVE LAW AND APPLICABLE STATUTES OF LIMITATION CONSISTENT WITH THE FAA AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW.

JURY TRIAL WAIVER

THE PARTIES HEREBY AGREE TO GIVE UP THEIR RESPECTIVE RIGHTS TO A TRIAL BY A JURY.

CLASS ACTION WAIVER

THE PARTIES AGREE TO GIVE UP ANY RIGHT THEY MAY HAVE TO BRING A CLASS ACTION LAWSUIT OR CLASS ARBITRATION, OR TO PARTICIPATE IN EITHER AS A CLAIMANT. THE PARTIES AGREE TO GIVE UP ANY RIGHT TO CONSOLIDATE OR JOIN ANY ARBITRATION PROCEEDING WITH THE ARBITRATION OF OTHERS. THE PARTIES GIVE UP THE RIGHT TO SERVE AS A PRIVATE ATTORNEY GENERAL IN ANY JURISDICTION IN WHICH SUCH PROCEDURE MIGHT BE PERMITTED. TO THE EXTENT THE PARTIES ARE PERMITTED TO FILE SMALL CLAIMS UNDER PARAGRAPH K, THE PARTIES AGREE THAT ANY SMALL CLAIM MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND THAT NO SMALL CLAIM MAY BE BROUGHT ON A CLASS OR REPRESENTATIVE BASIS.

PUNITIVE DAMAGE WAIVER

THE PARTIES WAIVE ANY RIGHT TO SEEK OR RECOVER PUNITIVE DAMAGES IN ANY DISPUTE. NO ARBITRATOR SHALL HAVE THE POWER OR AUTHORITY TO AWARD PUNITIVE DAMAGES.

FEES AND COSTS

WE OR OUR ASSIGNEE SHALL PAY ALL OF THE ARBITRATOR’S FEES AND EXPENSES, REGARDLESS OF WHICH PARTY FILES FOR ARBITRATION. THE PARTIES SHALL BE RESPONSIBLE FOR THEIR OWN ATTORNEYS’ FEES ASSOCIATED WITH ARBITRATION, UNLESS OTHERWISE ALLOWED FOR UNDER APPLICABLE SUBSTANTIVE LAW AND AWARDED BY THE ARBITRATOR.

SELF-HELP

NOTWITHSTANDING THIS ARBITRATION AGREEMENT, THE PARTIES RETAIN THE RIGHT TO EXERCISE SELF-HELP REMEDIES AND TO SEEK PROVISIONAL REMEDIES FROM A COURT, PENDING FINAL DETERMINATION OF THE DISPUTE BY THE ARBITRATOR. NO PARTY WAIVES THE RIGHT TO ELECT ARBITRATION OF A DISPUTE BY EXERCISING SELF-HELP REMEDIES, FILING SUIT, OR SEEKING OR OBTAINING PROVISIONAL REMEDIES FROM A COURT.

EXCEPTIONS

THE PARTIES AGREE THAT THIS ARBITRATION AGREEMENT IS NOT APPLICABLE TO “SMALL CLAIMS,” MEANING THOSE CLAIMS THAT EITHER PARTY IS ENTITLED TO FILE AND MAINTAIN IN AN APPROPRIATE SMALL CLAIMS COURT OR ANY ACTION WHERE THE TOTAL AMOUNT IN CONTROVERSY IS NO GREATER THAN $10,000, INCLUDING ANY CLAIMS FOR ATTORNEY’S FEES AND NON-MONETARY RELIEF.

SEVERABILITY

IF IT IS DETERMINED THAT ANY PARAGRAPH OR PROVISION IN THIS ARBITRATION AGREEMENT IS ILLEGAL, INVALID, OR UNENFORCEABLE, SUCH ILLEGALITY, INVALIDITY, OR UNENFORCEABILITY SHALL NOT AFFECT THE OTHER PARAGRAPHS AND PROVISIONS OF THIS ARBITRATION AGREEMENT. THE REMAINDER OF THIS ARBITRATION AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT AS IF THE SEVERED PARAGRAPH OR PROVISION HAD NOT BEEN INCLUDED. NOTWITHSTANDING THIS SEVERABILITY PROVISION, IF A COURT OF COMPETENT JURISDICTION DETERMINES PARAGRAPH 7 TO BE ILLEGAL, INVALID, OR UNENFORCEABLE, THE PARTIES AGREE THAT SUCH WAIVER SHALL NOT BE SEVERED AND THAT THIS ARBITRATION AGREEMENT SHALL BE VOID IN ITS ENTIRETY.

SURVIVAL OF ARBITRATION AGREEMENT

THIS ARBITRATION AGREEMENT WILL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING CANCELLATION, TERMINATION, AMENDMENT, PAYMENT IN FULL, DISCHARGE IN BANKRUPTCY, OR OTHER EXPIRATION OR CONCLUSION OF THE AGREEMENT OR ANY OTHER CONTRACT OR TRANSACTION BETWEEN THE PARTIES, UNLESS OTHERWISE AGREED IN WRITING. IN ADDITION, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RIGHTS AND RESPONSIBILITIES AFFORDED TO US UNDER THIS ARBITRATION AGREEMENT SURVIVE ANY ASSIGNMENT OF THE AGREEMENT BY US AND THAT WE OR OUR ASSIGNEE CAN ENFORCE THIS ARBITRATION AGREEMENT IN THE EVENT A DISPUTE ARISES AFTER THE ASSIGNMENT OF THE AGREEMENT.

RIGHT TO REJECT ARBITRATION

IF YOU DO NOT WANT THIS ARBITRATION AGREEMENT TO APPLY, YOU MAY REJECT IT BY MAILING A WRITTEN NOTICE TO US AT PO BOX 417, SAN FRANCISCO, CA 94104 THAT DESCRIBES THE AGREEMENT AND STATES THAT YOU ARE REJECTING THE ARBITRATION AGREEMENT. A REJECTION NOTICE IS ONLY EFFECTIVE IF IT IS SIGNED BY YOU AND THE ENVELOPE THAT THE REJECTION NOTICE IS SENT IN IS POSTMARKED NO MORE THAN 30 CALENDAR DAYS AFTER THE DATE OF THE FIRST ADVANCE OR OTHER TRANSACTION MADE UNDER THIS AGREEMENT. EVEN IF YOU REJECT THIS ARBITRATION AGREEMENT, PARAGRAPHS 6 AND 8 OF THE ARBITRATION AGREEMENT SHALL REMAIN VALID AND EFFECTIVE, AND WILL BE INCORPORATED INTO THE AGREEMENT. IF YOU REJECT THIS ARBITRATION AGREEMENT, IT WILL NOT AFFECT ANY OTHER PROVISIONS OF THE AGREEMENT OR YOUR OBLIGATIONS UNDER THE AGREEMENT. IF YOU DO NOT PROPERLY REJECT THIS ARBITRATION AGREEMENT, IT WILL BE EFFECTIVE AS OF THE DATE YOU SIGN THE AGREEMENT.

Statement of MAPR

Federal law provides important protections to 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%. This rate must include, as applicable to the credit transaction or account: (1) the costs associated with credit insurance premiums; (2) fees for ancillary products sold in connection with the credit transaction; (3) any application fee charge (other than certain application fees for specified credit transactions or accounts); and (4) any participation fee charged (other than certain participation fees for a credit card account).

Oral Disclosure

To hear important MLA disclosures and payment information provided in this Agreement, please call the following toll-free number: 1-844-244-6363.