Consumer User Terms

IMPORTANT: PLEASE READ CAREFULLY. THIS PLATFORM AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION (THE “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. YOU MAY REJECT THE ARBITRATION CLAUSE BY SENDING WRITTEN NOTICE TO MOOV WITHIN 30 DAYS AFTER YOU ACCEPT THIS PLATFORM AGREEMENT AS SET FORTH IN SECTION 12 OF THE CONSUMER USER TERMS.

BY CLICKING “I ACCEPT” OR PROVIDING SIMILAR ACKNOWLEDGMENT OF THIS AREEMENT, OR BY ACCESSING OR USING THE MOOV SERVICES, YOU AGREE THAT YOU HAVE REVIEWED AND UNDERSTAND ALL DISCLOSURES MADE AVAILABLE TO YOU, AND YOU AGREE TO THIS PLATFORM AGREEMENT AND THE MOOV PRIVACY POLICY. PLEASE VISIT HTTPS://MOOV.IO/LEGAL/PLATFORM-AGREEMENT/ TO VIEW, PRINT, AND SAVE THIS PLATFORM AGREEMENT, HTTPS://MOOV.IO/LEGAL/PRIVACY-POLICY/ TO VIEW, PRINT, AND SAVE THE MOOV PRIVACY POLICY, AND HTTPS://MOOV.IO/LEGAL/ESIGN-DISCLOSURE/ TO VIEW, PRINT, AND SAVE THE CONSENT TO RECEIVE ELECTRONIC DISCLOSURES (E-SIGN DISCLOSURE AND CONSENT). IF YOU DO NOT AGREE TO THIS PLATFORM AGREEMENT, THE MOOV PRIVACY POLICY, OR THE E-SIGN DISCLOSURE AND CONSENT, DO NOT CLICK ON “I ACCEPT” OR PROVIDE SIMILAR ACKNOWLEDGMENT AND DO NOT ACCESS OR USE THE MOOV SERVICES.

1. General Overview.

1.1. Description of the Moov Services. Moov is the provider of a technology platform and related APIs (collectively, the “Moov Platform”) through which Moov, in conjunction with one or more FI Partners, enables you to establish and maintain a Moov Account through which you may link existing Payment Methods to initiate Transactions (the Moov Platform, the Moov Account, and the related services, collectively, the “Moov Services”).

1.2. Moov Account. In order for you to access and use the Moov Services, you will be required to establish and maintain a Moov Account. You will ensure that all information, data, and supporting documentation necessary to establish a Moov Account is provided or otherwise made available to Moov and that such information, data, and supporting documentation is accurate, complete, authentic, valid, and timely. You will promptly notify Moov of any change to any information, data, or supporting documentation previously provided or otherwise made available to Moov. Subject to Applicable Law and Network Rules, as between you and Moov, you will be ultimately responsible and liable for all activity associated with your Moov Account.

1.3. FI Partners. In order to provide or otherwise make available certain of the Moov Services, Moov may establish and rely on relationships with FI Partners and such FI Partners may establish certain requirements, standards, guidelines, and other expectations that apply to the Moov Services, as the same may be modified, supplemented, or replaced from time to time (collectively, “FI Partner Guidelines”). Therefore, the licenses granted to you under this Platform Agreement and the provision and availability of the Moov Services to you will be subject to any applicable FI Partner Guidelines.

1.4. Regulated Activity. Certain of the Moov Services may constitute regulated activity under Applicable Law. Accordingly, Moov has engaged third parties, including FI Partners, to provide certain aspects of the Moov Services as necessary or appropriate for Moov to make available the Moov Services.

1.5. Eligibility; Territory. By accessing and using the Moov Services, you agree that you are 18 years of age or older and that you are located in the Territory. If you are not 18 years of age or older or are not located in the Territory, then you agree not to access or use the Moov Services. You agree to use a wireless telephone number that you own in connection with the Moov Services.

1.6. Accessing and Using the Moov Services through a Company. If you access and use the Moov Services through a Company, then you acknowledge and agree as follows:

1.7. Changes to this Platform Agreement. Subject to Applicable Law, Moov may modify, supplement, or replace all or any part of this Platform Agreement from time to time upon Notice to you in accordance with the terms of this Platform Agreement, and your continued access to and use of the Moov Services following the effective date of such modification, supplement, or replacement will constitute your acceptance of this Platform Agreement as the same has been modified, supplemented, or replaced by Moov. If you do not agree with any modifications, supplements, or replacements to this Platform Agreement, then you will promptly stop using the Moov Services and notify us at [email protected].

2. Establishing and Maintaining Payment Methods.

2.1. Payment Methods. If you use any Payment Method linked to your Moov Account as the funding source for a Transaction, you understand that the agreement between you and the issuer of such Payment Method also will govern your use of such Payment Method to initiate Transactions.

2.2. Linked Account. You may establish and maintain a Linked Account to be used in connection with the Moov Services. You will establish and maintain your Linked Account at a federally or state chartered financial institution or credit union in the Territory that is reasonably acceptable to Moov. When you use your Linked Account as the funding source for a Transaction, you hereby acknowledge and agree that you are authorizing and allowing Moov to initiate a transfer from your Linked Account. For these Transactions, Moov will make electronic transfers from your Linked Account in the amount you authorize through your Moov Account. You authorize Moov to try any transfer again if the initial transfer is rejected by the financial institution that holds your Linked Account for any reason. YOU SHOULD CONFIRM THAT YOUR LINKED ACCOUNT CONTAINS SUFFICIENT FUNDS TO COVER ANY TRANSACTION BEFORE MAKING A PAYMENT IN CONNECTION WITH SUCH TRANSACTION.

2.3. Authorization. You hereby authorize Moov and any applicable FI Partner to electronically debit and credit your Linked Account, and to otherwise initiate any Transaction using your designated Payment Method in accordance with the instructions provided by or on behalf of you through the Moov Services. You hereby acknowledge and agree that your authorization provided under in this Section 2.3 will remain in full force and effect until you notify Moov that you wish to revoke it. If you wish to revoke your authorization provided under this Section 2.3, then you will immediately notify Moov of your desire to do so.

2.4. Linking or Unlinking a Payment Method. If you link a Payment Method to your Moov Account, then you agree to keep your linked Payment Method information current. If your Payment Method information changes, then Moov may update such information using information and third-party sources available to Moov without any action on your part. If you do not want Moov to update your Payment Method information, then you will remove your Payment Method from your Moov Account.

3. The Moov Services.

3.1. License. Subject to your compliance with the terms and conditions of this Platform Agreement, Moov grants you a limited, non-exclusive, non-transferable, non-sublicensable license, during the Term, to access and use the Moov Services only as expressly permitted by and in accordance with this Platform Agreement.

3.2. Modifications. Moov may modify, replace, or discontinue all or any part of the Moov Services from time to time and may impose limitations and other restrictions on your access to or use of the Moov Services. Moov will use commercially reasonable efforts to notify you of any limitations or other restrictions applicable to your access to and use of the Moov Services.

4. Your General Obligations.

4.1. Moov Account Credentials. If you are provided with credentials to access and use the Moov Services (“Account Credentials”), then you agree that, as between you and Moov, you will be responsible and liable for securing, protecting, and limiting disclosure of such Account Credentials and for any unauthorized access to or use or disclosure of such Account Credentials, subject to Applicable Law and Network Rules. You will notify Moov immediately, by emailing [email protected], if you become aware of any actual or suspected unauthorized access to or use or disclosure of your Account Credentials.

4.2. Purpose. You will only access and use the Moov Services for personal, family, or household purposes. You will not access or use, or permit any other Person to access or use, the Moov Services for business or commercial purposes.

4.3. Compliance with Applicable Law. You will access and use the Moov Services and will otherwise exercise your rights and perform your obligations in connection with this Platform Agreement in accordance with all Applicable Law.

4.4. Transactions. Subject to Applicable Law and Network Rules, you will be responsible and liable for all Transactions arising out of or relating to your access to and use of the Moov Services, including for ensuring such Transactions comply with Applicable Law and this Platform Agreement.

4.5. Prohibited and Restricted Use.

4.6. Information You Must Provide. You will provide or otherwise make available all information and data requested by Moov in connection with the Moov Services or this Platform Agreement. You will promptly notify Moov of any change to any information or data you previously provided or otherwise made available to Moov. As between you and Moov, you will be responsible and liable for the accuracy, completeness, authenticity, and validity of all information and data about or related to you provided or otherwise made available to Moov in connection with the Moov Services and this Platform Agreement, and you agree that Moov may rely on all such information and data without further inquiry into the accuracy, completeness, authenticity, or validity of such information or data. All information and data you provide to Moov must be accurate, complete, authentic, valid, and timely, and must be provided in the form, format, and method required under Applicable Law.

4.7. Risk. You agree to accept the inherent risk associated with accessing and using the Moov Services through the internet, including the unreliability of hosting services, internet intermediaries, internet service providers, and other service providers, and you accept all responsibility and liability for choosing to use a technology that does not guarantee the security or reliability of the Moov Services at all times.

4.8. Preauthorized Transactions. Through the Moov Services, you will have the ability to use a Payment Method for future Transactions with a merchant, biller, or other third party. The agreement to initiate Transactions using a designated Payment Method is between you and the authorized merchant, biller, or other third party and allows such merchant, biller, or other third party to initiate Transactions using your designated Payment Method on a one-time, regular, or sporadic basis, depending on the type of billing arrangement you have with such merchant, biller, or other third party. Preauthorized payment arrangements are a type of billing arrangement that allow an authorized merchant, biller, or other third party to initiate Transactions using your designated Payment Method linked to your Moov Account on a recurring basis (e.g., every month or otherwise on a routine billing cycle), and if such Transactions will vary in amount, you have the right to advance notice of the amount and date of the Transaction from the merchant, biller, or other third party at least 10 days before the Transaction is completed. If the merchant, biller, or other third party provides the option, then you may choose to receive this advance notice only when the amount of your preauthorized Transaction will fall outside of a range established between you and the applicable authorized merchant, biller, or other third party. If you wish to stop payment of any preauthorized Transaction, you should contact the applicable authorized merchant, biller, or other third party directly, and/or the financial institution that issued your Payment Method, at least three business days before the scheduled date of the Transaction.

5. Stored Credentials.

You hereby authorize Moov to maintain your Payment Methods and related information in your Moov Account and to use and process such Payment Methods and information to facilitate Transactions initiated by you with authorized merchants, billers, and other third parties supported through the Moov Services. The authorization provided under this Section 5 will remain in full force and effect until you notify Moov that you wish to revoke it.

6. Ownership.

6.1. Moov IP. As between you and Moov, Moov will own all right, title, and interest to the systems, hardware, software, interfaces, equipment, technology, marks, documentation, and other materials owned by or licensed to Moov, including the Moov Services, and all modifications, enhancements, upgrades, and updates thereto (collectively, the “Moov IP”). You acknowledge and agree that there are no implied licenses in or to all or any part of the Moov IP.

6.2. License Restrictions. You will not, and will not allow any third party to: (a) access or use all or any part of the Moov Services or the Moov IP in a manner that is not expressly permitted under this Platform Agreement; (b) remove, deactivate, or otherwise circumvent any license restrictions or mechanisms intended to limit use of all or any part of the Moov Services or the Moov IP; (c) create derivative works of all or any part of the Moov Services or the Moov IP; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available all or any part of the Moov Services or the Moov IP to any third party; (e) reverse engineer, disassemble, or decompile all or any part of the Moov Services or the Moov IP; or (f) misuse, damage, disrupt, or impair all or any part of the Moov Services or the Moov IP or interfere with any other Person’s access to or use of the Moov Services or the Moov IP.

6.3. Feedback. If you provide any Feedback to Moov, then you hereby grant to Moov a perpetual, worldwide license to use, disclose, publish, profit from, and otherwise exploit such Feedback, without restriction and without any attribution or compensation to you, for any purpose.

7. Data Rights and Restrictions.

The Moov Privacy Policy explains how and for what purposes Moov may collect, use, retain, disclose, and safeguard certain data, including Personal Data, in connection with the Moov Services. You acknowledge and agree that you have read and understand the Moov Privacy Policy and you hereby authorize Moov to collect, use, retain, and disclose any data in connection with the Moov Services to the extent not prohibited by Applicable Law or the Moov Privacy Policy.

8. Indemnification.

You agree to indemnify, defend (at Moov’s election), and hold harmless Moov and its officers, directors, employees, and agents from and against all damages, losses, liabilities, penalties, fines, assessments, losses, judgments, costs, expenses (including reasonable attorneys’ fees and the cost of defense), and other amounts (collectively, “Losses”) in connection with any claim, action, demand, investigation, or proceeding arising out of, relating to, or alleging: (a) your breach of this Platform Agreement; (b) your access to or use of the Moov Services; (c) your Transactions, attempted Transactions, or purported Transactions, subject to Applicable Law and Network Rules; (d) your violation of Applicable Law; or (e) your violation of the rights of any third party and/or the acts or omissions of any third party to whom you grant permissions to use the Moov Services or any websites, software, or systems of Moov. Moov reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defense.

9. DISCLAIMER OF WARRANTIES.

THE MOOV SERVICES ARE AND WILL BE PROVIDED “AS IS” AND “AS AVAILABLE,” AND MOOV HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOOV DOES NOT REPRESENT OR WARRANT THAT THE MOOV SERVICES WILL PERFORM WITHOUT INTERRUPTION OR ERROR, AND MOOV MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE MOOV SERVICES ARE COMPATIBLE WITH YOUR EQUIPMENT, THAT THE MOOV SERVICES ARE FREE OF VIRUSES, WORMS, BOTS, OR ANY OTHER HARMFUL, INVASIVE, MALICIOUS, OR CORRUPTED FILES, OR THAT DATA SENT THROUGH THE MOOV SERVICES WILL NOT BE ACCESSED, USED, DISCLOSED, OR EXPOSED THROUGH THE ERRORS OR ACTIONS OF THIRD PARTIES. MOOV IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECT OF ANY GOODS OR SERVICES YOU PURCHASE THROUGH THE MOOV SERVICES OR OTHERWISE IN CONNECTION WITH THE MOOV SERVICES.

10. LIMITATION OF LIABILITY.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NONE OF MOOV, ANY FI PARTNER, OR ANY OF THEIR RESPECTIVE AFFILIATES WILL BE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECULATIVE, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES OF ANY KIND, OR FOR ANY LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF ANY DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, FRAUD, OR OTHERWISE, OR STATUTES, REGULATIONS, OR ANY OTHER THEORY) ARISING OUT OF OR RELATING TO THE MOOV SERVICES OR THIS PLATFORM AGREEMENT, EVEN IF ADVISED OF SUCH POTENTIAL DAMAGES OR LOSSES. MOOV’S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE WILL BE LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES INCURRED.

11. Suspension and Cancellation.

11.1. By Moov. To the extent not prohibited by Applicable Law, Moov may suspend or cancel this Platform Agreement, or suspend, cancel, or restrict your access to or use of all or any part of the Moov Services, immediately, for any reason, and without notice to you.

11.2. By You. You may cancel your Moov Account and your access to and use of the Moov Services at any time by notifying Moov at [email protected] at no additional cost to you, but you will remain responsible and liable for all obligations arising out of or relating to your Moov Account even after your Moov Account is closed. Any incomplete Transactions must be completed or cancelled, and you will transfer any amounts remaining in your Moov Account before closing your Moov Account. Notwithstanding the foregoing, you will not close your Moov Account to evade an investigation, if you have any pending Transaction or open Dispute, if you owe any amounts to Moov, or if your Moov Account is subject to a hold, limitation, or reserve.

11.3. Effect of Suspension and Cancellation. Suspension, restriction, or cancellation of this Platform Agreement or all or any part of the Moov Services will not affect any of Moov’s rights or your obligations arising out of or relating to this Platform Agreement or your access to or use of the Moov Services prior to such suspension or cancellation.

12. Dispute Resolution.

12.1. Governing Law. This Platform Agreement and any Dispute will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-laws principles.

12.2. Waiver of Jury Trial; No Class Action. SUBJECT TO APPLICABLE LAW AND THE ARBITRATION CLAUSE SET FORTH IN SECTION 12.3, YOU AND MOOV HEREBY IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY OR TO SERVE AS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH ANY DISPUTE. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY BY YOU AND MOOV, AND IS INTENDED TO ENCOMPASS EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE BE AVAILABLE. YOU AND MOOV ARE HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION 12.2 IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER BY YOU AND MOOV. YOU AND MOOV ALSO AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION AGAINST THE OTHER PARTY BASED UPON ANY CLAIM ARISING OUT OF OR RELATING TO THIS PLATFORM AGREEMENT.

12.3. Arbitration Clause. You and Moov agree that any Dispute that cannot be resolved through informal negotiation or, as provided below, in small claims court will be submitted for binding arbitration. The forum for arbitration will be in the city closest to your residence having a federal district courthouse. Any arbitration will be administered by the American Arbitration Association in accordance with its commercial arbitration rules and its supplementary procedures for consumer-related disputes. There will be no right or authority for any Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other Persons similarly situated. The arbitrator will apply the substantive law of the State of Colorado, exclusive of its conflict-of-law principles. The arbitrator’s authority to resolve any Dispute and to make awards is limited to Disputes between you and Moov alone. The authority to resolve any Dispute is subject to the limitations of liability set forth in this Platform Agreement. Any Dispute brought by either party against the other party may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by the Company and Moov. No arbitration award or decision on any Disputes will be given preclusive effect as to issues or claims in any dispute with any Person not a party to the arbitration. If any portion of this Section 12.3 is stricken from this Platform Agreement or deemed to be illegal, invalid, or otherwise unenforceable, then this Section 12.3 will be stricken in its entirety from this Platform Agreement. The provisions of this Section 12.3 and all arbitration awards duly made in connection therewith may be enforced in any court of competent jurisdiction, and the party seeking enforcement will be entitled to an award of all costs, fees, and expenses (including reasonable attorneys’ fees) incurred in obtaining the enforcement of this provision, to be paid by the party against whom enforcement is ordered. All arbitration awards duly made hereunder will not be subject to review or appeal except as permitted by Applicable Law. Notwithstanding any provision of any agreement between you and Moov to the contrary: (a) you or Moov may seek interim relief from a court located in Denver, Colorado, to protect such party’s rights or property while arbitration is pending, and (b) Moov may bypass the aforementioned arbitration process in cases of fraud or other crimes against Moov, interference with Moov’s technical operations, suspected criminal activity, or violations of Moov’s rights or property, including Moov’s intellectual property rights. Additionally, any Dispute involving a claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Denver, Colorado, if the claim and the parties are within the jurisdiction of the small claims court, so long as the matter remains in small claims court and proceeds only on an individual basis. You may reject this arbitration clause by sending a written rejection notice to Moov at: 1025 Technology Pkwy, Suite M, Cedar Falls, Iowa 50613, with a copy sent to [email protected]. Your rejection notice must be mailed within 30 days after you accept this Platform Agreement. Your rejection notice must state that you reject the arbitration clause and include your name, address, Moov Account information, and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this arbitration clause will not apply as between you and Moov, except for any Disputes that are pending litigation or arbitration at the time you send your rejection notice. Rejection of this arbitration clause will not affect your other rights or responsibilities under this Section 12.3 or this Platform Agreement.

13. Disclosures and Notices.

13.1. Consent to Electronic Disclosures, Notices, and Information. By establishing a Moov Account, or by otherwise accessing and using the Moov Services, you hereby agree that Moov may provide this Platform Agreement and all disclosures, notices, and other information arising out of or relating to this Platform Agreement, including any disclosures or notices required to be provided as a matter of Applicable Law (collectively, “Notices”), through electronic methods, including by emailing this Platform Agreement and Notices to your designated email address, by posting this Platform Agreement and Notices on Moov’s website, or by providing this Platform Agreement and Notices through your Moov Account or otherwise through the Moov Services. You acknowledge and agree that this Platform Agreement and any Notice provided by electronic methods will be effective within 24 hours following the provision of the same by Moov or such other period as may be specified by Moov therein and will have the same effect as if Moov had provided you with paper copies of this Platform Agreement or such Notices. You further acknowledge and agree that your electronic acceptance of or consent to this Platform Agreement and any Notices (if applicable) provided electronically will have the same legal effect as a physical signature. If you have any issues viewing or accessing this Platform Agreement or any Notices, then you will contact Moov at [email protected]. If you wish to withdraw your consent to receive this Platform Agreement and Notices through electronic methods, then you will contact Moov at [email protected]. Due to the nature of the Moov Services, you will not be able to use the Moov Services if you withdraw its consent to receive this Platform Agreement and all Notices electronically.

13.2. Text Message. You hereby authorize Moov to provide Notices to you via text message, including as may be necessary or appropriate to verify your control over your Moov Account (e.g., two-step verification) and to provide you with other critical information about your Moov Account. Standard text or data charges may apply to any Notices provided via text message. Where offered, you may disable text message notifications by responding to any such message with “STOP” or by following instructions provided in the text message. However, by disabling text messaging, you may be deactivating important security features associated with your Moov Account, which may increase the risk of loss to you. You will need a computer or mobile device, internet connectivity, and an updated browser to access and review Notices.

13.3. Your Contact Information. To ensure that Moov is able to provide Notices to you electronically, you must notify us of any change in your phone number, email address, or other text message address by updating such information with Moov. You agree that any Notice sent to you at an address provided to Moov will be effective, unless Moov receives notice from you of a change of address. Moov cannot accept responsibility for any Notices not received by you, or for any delay in the receipt or delivery of any Notices.

13.4. Copies of Notices and other Communications. You should print and save and/or electronically store a copy of any Notice of other communication that Moov sends to you electronically.

14. General Provisions.

14.1. Assignment. You will not assign or transfer this Platform Agreement or any of your rights or responsibilities hereunder. Moov may assign or transfer this Platform Agreement or any of its rights or responsibilities hereunder without restriction. Any purported assignment or transfer in breach of this Section 14.1 will be void ab initio.

14.2. Relationship; No Third-Party Beneficiaries. You and Moov are independent contractors and this Platform Agreement does not create a joint venture, employment, franchise, or agency relationship between you and Moov. This Platform Agreement is intended for the exclusive benefit of you and Moov and not intended to benefit any third party.

14.3. Force Majeure. Moov will not be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, fire, flood, strikes, war, epidemics, pandemics, shortage of power, telecommunications or internet service interruptions, or other acts or causes beyond the reasonable control of Moov, including any acts or omissions of any third party (e.g., Networks).

14.4. Third-Party Services. When you access or use the Moov Services, you may be made aware of services, products, offers, or promotions provided or otherwise made available by third parties (“Third-Party Services”). If you decide to access or use any Third-Party Services, then you are responsible for reviewing and understanding the terms, conditions, and fees applicable to such Third-Party Services. You acknowledge and agree that Moov is not responsible or liable for any Third-Party Services.

14.5. Remedies. The rights and remedies of Moov in connection with this Platform Agreement are cumulative, and Moov may enforce any of its rights or remedies under this Platform Agreement, along with any other rights and remedies available to it at law or in equity.

14.6. No Waiver. The failure of Moov to insist upon strict adherence to any term or condition of this Platform Agreement on any occasion will not be considered a waiver of such term or condition, nor will it deprive Moov of the right thereafter to insist upon strict adherence to such term or condition or any other term or condition of this Platform Agreement. Any waiver must be in a writing signed by Moov.

14.7. Severability. If any provision of this Platform Agreement is determined by any Governmental Authority to be illegal, invalid, or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under Applicable Law, and the remaining provisions will continue in full force and effect.

14.8. Survival. The following Sections of the Consumer User Terms will survive termination or expiration of this Platform Agreement: Section 1.6, Section 2, Section 4.1, Section 4.3, Section 4.4, Section 4.6, Section 4.7, Section 5, Section 6, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, Section 13, Section 14, and Section 15.

14.9. Rules of Interpretation. For purposes of this Platform Agreement: (a) word importing the singular include the plural and vice-versa, (b) references to “Sections,” “subsections,” and other subdivisions without reference to a document are to designated Sections, subsections, and other subdivisions of this Platform Agreement, unless otherwise expressly set forth in this Platform Agreement, (c) the words “hereof,” “herein,” “hereunder,” and words of similar import, when used in this Platform Agreement, refer to this Platform Agreement as a whole and not to any particular provision of this Platform Agreement, (d) the terms “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation,” (e) the term “or” will be deemed to be used in the inclusive sense of “and/or,” unless the context requires otherwise, (f) the headings contained in this Platform Agreement are for reference purposes only and will not affect the meaning or interpretation of this Platform Agreement, (g) any consent or approval that may be given by a party may be given or withheld in the party’s sole and absolute discretion, unless otherwise expressly set forth in this Platform Agreement, and (h) all references in this Platform Agreement to days, months, or years means calendar days, calendar months, or calendar year, unless otherwise expressly set forth in this Platform Agreement.

14.10. Entire Agreement. This Platform Agreement constitutes the entire agreement between you and Moov with respect to the subject matter hereof and supersedes all prior communication, correspondence, and instruments in their entirety.

15. Definitions.

• “Account Credentials” has the meaning set forth in Section 3.2.
• “Affiliate” means any Person that, directly or indirectly, Controls, is Controlled by, or is under common Control with another Person.
• “API” means application programming interface.
• “Applicable Law” means all applicable laws, rules, regulations, opinions, directives, and other binding requirements of, or administered or enforced by, any Governmental Authority.
• “Company” means any entity that Moov has authorized to make available the Moov Services through the entity’s applications, websites, or other digital commerce technology platforms.
• “Company Platform” means the applications, websites, or other digital commerce technology platforms of any Company.
• “Company Services” means, with respect to a Company, the Company’s Company Platform, together with the products and services provided or otherwise made available by the Company through the Company Platform.
• “Company Services Agreement” has the meaning set forth in Section 1.6(b).
• “Control” means, with respect to any Person, any other Person having, directly or indirectly, the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities, by contract, or otherwise.
• “Dispute” means any dispute, claim, or controversy arising out of or relating to this Platform Agreement.
• “Effective Date” has the meaning set forth in the introduction of this Platform Agreement.
• “FI Partner” has the meaning set forth in the introduction of this Platform Agreement.
• “FI Partner Guidelines” has the meaning set forth in Section 1.3.
• “Governmental Authority” means any relevant federal, state, or local governmental, regulatory, administrative, or judicial authority.
• “Linked Account” means the demand deposit account owned by you and linked to your Moov Account.
• “Losses” has the meaning set forth in Section 8.
• “Moov” has the meaning set forth in the introduction of this Platform Agreement.
• “Moov Account” means a Person’s account with Moov that enables the Person to initiate Transactions using the Person’s designated Payment Method.
• “Moov IP” has the meaning set forth in Section 6.1.
• “Moov Platform” has the meaning set forth in Section 1.1.
• “Moov Privacy Policy” means the then-current version of Moov’s privacy policy, which is currently available at https://moov.io/legal/privacy-policy/, and which may be modified, supplemented, or replaced by Moov from time to time.
• “Moov Services” has the meaning set forth in Section 1.1.
• “Notices” has the meaning set forth in Section 13.1.
• “OFAC” has the meaning set forth in Section 4.5.
• “Payment Method” means a Linked Account, debit card, credit card, or other payment method supported through the Moov Services that is linked to your Moov Account.
• “Person” means an individual, or a corporation, partnership, limited liability company, association, trust, unincorporated organization, or other legal entity or organization.
• “Personal Data” means any data or information about or related to an identified or identifiable individual.
• “Platform Agreement” has the meaning set forth in the introduction to this Platform Agreement.
• “Territory” means the United States of America and its territories.
• “Third-Party Services” has the meaning set forth in Section 14.4.
• “Transaction” means any transaction initiated through the Moov Services to purchase products or services from a Company or to make donations to a Company.
• “User Fees” has the meaning set forth in Section 1.6(d).