Increase Bank Payment Card Account Agreement

Last updated: September 29, 2026

This Increase Bank Payment Card Account Agreement (the “Agreement”) governs the terms and conditions of the Account and Payment Card(s) provided to you and on your behalf by Increase Bank, a Washington-chartered bank that is a member of the Federal Deposit Insurance Corporation, with its main office located in Longview, Washington (the “Bank”).

In this Agreement, the “Account” means the deposit account or subaccount that you request, receive, and accept from the Bank, which it maintains in your name or otherwise uses to keep custody of funds that you deposit and we hold for your business or commercial purposes, and not for any individual’s personal, family, or household purposes. The “Payment Card” or “Card” means any card or other access device for the Account that the Bank issues or otherwise provides to you, the cardholders you designate from time to time, and the individuals otherwise authorized by you or your designated cardholders to use any such card or other Account access device (each, a “Cardholder”).

The Account and Cards Bank provides are made available to eligible customers of the third-party technology provider through which you access the Account and Cards (“Technology Company”), which is the financial technology company responsible for managing the Payment Card program (the “Program”). All Account, Card, and related banking services are provided by the Bank. Technology Company is a financial technology company and not a bank. In its capacity as the financial technology company responsible for managing the Program, Technology Company is a third-party service provider to us, and may act on our behalf in, without limitation, receiving payments, performing our obligations or enforcing our rights under this Agreement.

In this Agreement, the words “we,” “us,” and “our” mean the Bank, its successors, and assigns. Except as provided below, the words “you,” “your,” and “yours” mean an individual or legal entity on whose behalf we: (i) hold funds in the Account; and (ii) provide Cards to you and your Cardholders for Account access. If you activate or use any Card we provide for Account access, or if any Cardholder is allowed to activate or use a Card for Account access, you agree to be bound by the terms of this Agreement.

Be sure to read this Agreement carefully and keep a copy for your records. You may request a copy of this Agreement by emailing your contact at the Technology Company, or the bank at support@increase.com.

READ THIS AGREEMENT CAREFULLY. IT INCLUDES, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

General Rules Governing Your Payment Card

1.1 Eligibility to Apply

To help the government fight the funding of terrorism and money laundering activities, U.S. Federal law requires that all financial institutions obtain, verify, and record information that identifies each person who opens an account. When you open an account, we will ask for your name, address, date of birth (if you are a natural person), and other information that will allow us to identify you. We may also ask to see your driver’s license, if you are a natural person, or other identifying documents. You agree to keep current the information about yourself and your business that you provided the Bank when you became a Bank Account holder. The Bank may require you to provide updated information (including financial information) from time to time as a condition of your continued use of the Account and Payment Cards. This information may be shared with third parties for these purposes.

You must agree to this Agreement in order to use a Payment Card. To the extent permitted by applicable law, you and your Cardholders consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all Account and Card services we provide on behalf of you and your Cardholders under this Agreement (collectively, “Communications”) that we may otherwise be required to send or provide in paper form to you or your Cardholders (e.g., by mail). By activating or using a Card, you and each Cardholder represent that: (1) Cardholder has read and understands this consent to use electronic signatures and to receive Communications electronically; (2) Cardholder satisfies the minimum hardware and software requirements specified below; and (3) Cardholder’s consent will remain in effect until Cardholder withdraws their consent as specified below.

Cardholder’s consent to receive Communications electronically will remain in effect until Cardholder withdraws it. Cardholder may withdraw their consent to receive further Communications electronically at any time by contacting the bank at support@increase.com. If Cardholder withdraws their consent to receive Communications electronically, we reserve the right to cancel your Card(s) or close your Account (in which case other Cardholders will no longer be able to use their Cards and the Account), or charge you a fee for paper copies of Communications. Any withdrawal of Cardholder’s consent to receive Communications electronically will be effective only after we have a reasonable period of time to process Cardholder’s withdrawal. Please note that Cardholder’s withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to Cardholder before the withdrawal of Cardholder’s consent becomes effective.

1.2.3 Cardholder Must Keep Contact Information Current With Us

In order to ensure that we are able to provide Communications to Cardholder electronically, Cardholder must notify of any change in their email address by updating Cardholder’s profile on the dashboard provided by Technology Company (the “Dashboard”) or by emailing support@increase.com.

1.2.4 Copies of Communications

Cardholder should print and save or electronically store a copy of all Communications that we send to you electronically. We reserve the right to assess a fee if you request or we are required to send you a paper copy.

1.2.5 Hardware and Software Requirements

In order to access and retain Communications provided to Cardholder electronically, Cardholder must maintain a valid email address and a Current Version of a commercially available internet browser and a Current Version of a program that accurately reads and displays PDF files. “Current Version” means a version of the software that is currently being supported by its publisher.

1.2.6 Changes

We reserve the right, in our sole discretion, to communicate with you and your Cardholders in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you and your Cardholders of any such termination or change by updating this Agreement or delivering notice of such termination or change electronically.

1.3 Acceptance of Binding Agreement

This Agreement takes effect once you or any Cardholder activate or use any Card. Even if you or any Cardholder do not use a Card, this Agreement will take effect unless you contact us to cancel your Account and Cards within 30 days after we provide you with this Agreement.

1.4 Changes to Your Agreement

We may change the terms of, or add new terms to, this Agreement. Changes will be effective when we post online changes to this Agreement. Cardholders will be notified of changes. If we have notified you of a change to this Agreement and you do not close the Account and cancel all Cards by the effective date of our changes to the Agreement, you have agreed to our changes to the Agreement.

This written Agreement is a final expression of the agreement governing the Payment Card. The written Agreement may not be contradicted by any alleged oral agreement.

1.5 Using Your Payment Card

1.5.1 Permitted Uses

You and your Cardholders may use Payment Cards to purchase or lease goods or services (each, called a “Purchase”) by presenting the Cards to participating merchants and establishments that honor the Card. You and your Cardholders may also make Purchases without presenting the Cards by providing the Card numbers or other Card information by any other means (for example, over the phone, online or through a mobile application) to participating merchants and establishments that honor the Card (each called “Card-Not-Present-Purchases”). Conducting transactions over the phone, online or through a mobile application has the same legal effect as if you or your Cardholders used the Card itself. For security reasons, the amount or number of Card-Not-Present Purchases we permit you and/or your Cardholders to make with the Cards may be limited.

For the avoidance of doubt, you and each Cardholder may use your Account and the Cards only for business or commercial purposes, and not for any individual’s personal, family, or household purposes.

You and your Cardholders must not use any Card:

For any illegal purposes;
For internet gambling, regardless of whether it is legal or illegal;
To pay us, our affiliates, or any other creditors or financial institution for any account debts you may owe us, our affiliates, or any other creditors or financial institutions for credit extended to you or any Cardholder;
For cash advances, cash equivalents, and balance transfers;
Businesses dealing in cryptocurrency or digital assets;
Financial services providers, including banks or bank affiliates, securities brokers, money transmitters, investment companies, or investment funds;
Pornography, adult chat, or other sexually explicit services;
Sale of Schedules II-V controlled substances with a pharmaceutical license, where such schedules are defined by the DEA; or
For any purpose in any country or territory subject to economic sanctions administered and enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control or with any person or entity subject to such economic sanctions.

If you or any Cardholder use a Card for a prohibited transaction, or if you fail to otherwise comply with the terms of this Agreement, file bankruptcy, you die, or are legally declared incompetent or incapacitated, we may declare you to be in default under this Agreement and may block such prohibited transactions or revoke the right for you or your Cardholders to use the Cards as discussed in the “Cancellation or Suspension of Your Payment Card” section of this Agreement. If we do, you are still liable to us for all charges, Purchases, and fees relating to such prohibited transactions and all other transactions on your Account.

1.5.2 Split Transactions

You and your Cardholders can instruct a merchant to charge your Card for part of a Purchase and pay any remaining amount of the Purchase with cash or another card. This is called a “split transaction.” Some merchants do not permit split transactions. If you or your Cardholders wish to conduct a split transaction, you must tell the merchant the exact amount you would like charged to your Card. If you fail to inform the merchant you would like to complete a split transaction and you do not have sufficient available funds in your Account to cover the entire purchase amount, your Card is likely to be declined.

1.5.3 Cardholders

At your request, we may issue Cards to other persons you authorize to make Purchases on your Account as Cardholders. Cardholders must be at least 18 years old (or older if you reside in a state where the age of majority is older). We may limit the number of Cardholders on your Account. You may also be offered the ability to establish customized transaction limits for Cardholders to help you manage and control Purchases or other transactions made on your Account.

Where you are conducting business as a legal entity, your Cardholders are typically your employees, contractors, or other personnel who you authorize to use a Card for your business purposes and on your behalf. You are solely responsible for determining which individuals to designate as Cardholders, for administering your own internal policies governing use of the Cards by your Cardholders, and for promptly instructing us to cancel any Cardholder’s rights to use a Card in accordance with this Section 1.5.3.

The Cardholders you designate to receive a Card do not have their own Accounts with us, but they can use their Cards to access your Account subject to the terms of this Agreement. You are responsible for all use of Cards by your Cardholders and anyone they allow to use their Card. You authorize us to charge your Account for all Purchases and charges made by each Cardholder and anyone else allowed to use a Card by any Cardholder.

You must tell Cardholders that: (i) we may obtain, provide and use information about them; and (ii) their use of the Card is subject to this Agreement. You authorize us to give information to Cardholders about the Account and discuss the Account and their own Card use with such Cardholders.

In addition to the notice obligation in the preceding paragraph, before we issue a Card to any Cardholder at your request, we may require that such Cardholder separately accept supplemental Cardholder terms in the form we make available through the Dashboard or card activation flow. By accepting the Cardholder Terms, the Cardholder directly agrees, with respect to their own use of the Card, to Section 1.2 (Consent to Use Electronic Signatures and Communications), Section 2 (Your Account Responsibilities), and Section 4 (Arbitration and Waivers) of this Agreement, in addition to being bound as set forth elsewhere in this Section 1.5.3. This direct acceptance does not relieve your Cardholders of their own obligations and liability under this Agreement for all use of the Account and Cards by those Cardholders.

If you want to cancel a Cardholder’s right to use a Card (and thereby cancel their access to your Account), you may do so through the Dashboard, or by emailing support@increase.com, and giving us a reasonable opportunity to receive and act on your Card cancellation instructions.

1.5.4 Merchant Holds on Available Funds

When you or a Cardholder uses a Card to initiate a transaction at certain merchant locations, websites, or mobile applications such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available funds in the Account for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to you or the Cardholder for any other purpose until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to seven days for the hold to be removed. During that period, you and the Cardholder will not have access to the funds subject to the hold.

1.5.5 Declined Transactions

We may decline to authorize a Purchase for security or any other reason without limitation. This includes, for example, if we suspect the Purchase is fraudulent, is subject to U.S. economic sanctions or does not otherwise comply with this Agreement, or where we reasonably believe that you may be unable to fulfill your obligations under this Agreement, even if you have sufficient available funds in the Account to complete the Purchase. We may also decline to authorize a Purchase where the value of the Purchase exceeds any applicable Account or Card purchase limit. We are not liable to you for any losses you or any Cardholder (or anyone else) incur if we do not authorize a charge. And we are not responsible if any merchant refuses to accept the Card.

1.5.6 Payment Limits

The payment limit on Cards is 100% of the balance available in your Account at the time of the transaction. You must not exceed your payment limit. If you do, we may request immediate payment of the amount by which you exceed the payment limit.

It is important to know the amount of available funds in your Account at the Bank before performing a transaction with a Card. If there are not sufficient funds in your Account at the Bank to cover the transaction amount, the transaction may be declined.

1.5.7 Foreign Currency Transactions

If you make a transaction using your Card in a foreign currency (including, for example, online purchases from a merchant located outside of the U.S.), the card association will convert any transaction in foreign currency into U.S. dollars using an exchange rate for the applicable central processing date that is (1) selected by the association from the range of rates available in wholesale currency markets, which rate may vary from the rate the association receives, or (2) the government mandated rate. The conversion rate you get may differ from the rate on the transaction date or the posting date, and from the rate that the card association gets. A merchant or other third party may convert a transaction into U.S. dollars or another currency, using a rate they select, before sending it to the credit card association.

1.5.8 Renewal or Replacement Cards

You authorize us to issue you and any Cardholder a renewal Card or a replacement Card before the current Card expires. You and any Cardholder must destroy any expired physical Cards by cutting them up. This Agreement, including as amended, continues to apply to any renewal or replacement Cards we issue.

1.5.9 FSA Cards

You and each Cardholder understand and agree that any Card designated for use with a Flexible Spending Account (“FSA”) under an Internal Revenue Code Section 125 cafeteria plan (an “FSA Card Plan” or the “Plan”) may be used only for expenses that are eligible for reimbursement under your Plan and applicable IRS guidance governing such Flexible Spending Accounts.

We may decline to authorize a transaction on an FSA Card, request substantiation (such as an itemized receipt or explanation of benefits) for a transaction that cannot be automatically substantiated as an eligible Flexible Spending Account expense under applicable IRS guidance, or suspend or deactivate an FSA Card pending our receipt of any requested substantiation. You and any such Cardholder agree to promptly provide substantiation we request and acknowledge that continued use of a suspended FSA Card may be suspended until substantiation is provided.

This Agreement does not modify, and is subordinate to, the terms of the applicable Plan. In the event of a conflict between this Agreement and the Plan with respect to FSA-specific matters — including eligibility, substantiation, run-out periods, or forfeiture of unused amounts — the Plan controls. Nothing in this Agreement extends the FSA Card’s usability beyond, or grants rights inconsistent with, the Plan or applicable law.

1.6 Fees

We do not charge any fees for your use of the Card.

1.7 Periodic Statements

1.7.1 Statements

Your Account statements are available to you shortly after the end of each monthly cycle. We may stop making your statements available if your Account is no longer in good standing or if applicable law does not require us to send you one. Each statement will show, among other things, purchases; payments, credits and adjustments; and any other information required by applicable law.

1.7.2 Errors

If you think there is an error on your statement, you may contact the bank by email at support@increase.com. In your communication, give us the following information:

Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
Date: The date of the suspected error.
Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.

You must contact us within 60 days after we first sent the statement in which the error appeared.

You must notify us of any potential errors in writing or electronically. You may call us, but if you do we may request verification of the details in writing within 10 business days.

ERROR NOTICE

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account. For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

If you have inquiries regarding your Account, please contact the Technology Company, or you may reach the bank at support@increase.com.

The rights described in Sections 1.7.2 are provided to all Cardholders as a matter of contract, even though we are providing the Account and Cards only for business or commercial purposes and not for any individual’s personal, family, or household purposes.

1.8 Making Payments

1.8.1 Payment

You must pay for all amounts due on the Account, including Purchases or other transactions made by Cardholders using Cards we issued for Account access. You authorize us to deduct all such charges from the Account as and when made.

1.8.2 Promise to Pay

You promise to pay all charges, including: (i) charges you make, even if you or a Cardholder do not present a Card or sign for the transaction, (ii) charges that other people make using a Card, whether or not you or a Cardholder intend to let them use the Account, subject to applicable law and this Agreement, and (iii) charges that Cardholders make or permit others to make. You understand that you must pay all charges, even if insufficient funds in the Account result in a negative Account balance.

1.8.3 Collection Costs

You agree to pay all costs and disbursements, including reasonable attorney fees, incurred by us to collect your amounts owed under this Agreement or to enforce your obligations under this Agreement.

1.8.4 Security Interest and Setoff

In addition to the other remedies provided in this Agreement, but subject to any limitations imposed by applicable federal or state law, to secure your indebtedness under this Agreement, you hereby grant us a security interest in and a right of setoff against all monies, accounts, including deposit accounts, securities, and other property of yours now or hereafter in possession of or on deposit with us, whether held in general or special account or deposit or for safekeeping or otherwise. Every such security interest and right of setoff may be exercised without demand upon or notice to you. No security interest or right of setoff shall be deemed to have been waived by any act or conduct on our part, or any failure to enforce such security interest or to exercise such right of setoff, or by any delay in doing so. Every security interest and right of setoff shall continue in full force and effect until such security interest or right of setoff is specifically waived or released by an instrument in writing executed by us. If you have other loans from us, or if you take out other loans with us in the future, collateral securing those loans will also secure your obligations under this Agreement, unless we otherwise agree in writing. However, unless you expressly agree otherwise, your household goods and dwelling will not secure your obligations under this Agreement even if we have or later acquire a security interest in the household goods or a mortgage on the dwelling.

Your Account Responsibilities

We strive to keep your Card and Account secure and provide you with tools and services to help you manage them. However, there are certain things you should do to protect your Card and Account.

2.1 Protect Your Information

It is important that you and your Cardholders protect Card and Account information to prevent unauthorized use, misuse, or fraud. You must ensure that you and your Cardholders:

Keep the Cards secure at all times and don’t let anyone use them.
Keep any device (for example smart phones, tablets or other electronic devices) that can download, store or access Card or Account information secure at all times.
Are careful about who you share Card or Account information with.
Follow any Card activation process we tell you about, as soon as possible.
Protect your telephone codes, online passwords and any other codes we provide or approve for you to use on your Account.

2.2 Notify Us if Your Information Changes

You must notify the Technology Company through the Dashboard or the Bank by email to support@increase.com if there is a change to your name, telephone number, mailing address, email address or any other contact information you provided to continue receiving monthly statements, notices or other communications and important messages or information about your Account.

2.3 Notify Us if Your Card is Lost or Stolen; Consumer Protections

If your Card is lost or stolen or if you think someone may be using your Card or Account without your permission, you must notify us IMMEDIATELY by contacting the Technology Company or emailing support@increase.com. Do not use the Card or Account after you notify us, even if the Card is found or returned. Your liability shall not exceed the lesser of $50.00 or the amount of money, property, labor or services obtained by the unauthorized use if you tell us within two business days after you learn of the loss. You will not be liable for any unauthorized use that occurs after you notify us; however, you must identify the charges on your monthly statement that you or any Cardholders did not make. If you do not tell us within two business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.

2.4 Additional Limit on Liability

Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Card. This additional limit on liability does not apply to ATM transactions, to transactions using your PIN which are not processed by Visa®, or to commercial cards. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

For purposes of Sections 2.3 and 2.4, you and your Cardholders understand and agree we have opened the Account and are issuing the Cards solely for business and commercial purposes, and not for any individual’s personal, family, or household purposes. Cardholder acknowledges that the Electronic Fund Transfer Act, Regulation E, and other federal consumer-protection statutes generally do not apply by their terms to accounts and Cards issued for business purposes, and that the protections described in Section 2.3 and this Section 2.4 are extended to Cardholders as a matter of contract, rather than because such statutes independently require them for business-purpose Accounts and Cards.

Other Legal Terms and Conditions

3.1 Default

You are in default (subject to applicable law) if:

You fail to comply with the terms of this Agreement, including failing to make a required payment when due, exceeding your Account payment limit or using your Card for a prohibited transaction;
You die or are declared legally or mentally incompetent;
You file bankruptcy or another insolvency proceeding is filed by you or against you;
You become insolvent or unable to pay your debts;
You provide us with any false or misleading information;
We have any reason to believe you are unwilling or unable to pay your debts; or
Where you pose an unacceptable regulatory or financial risk to us or third parties.

3.2 Our Remedies If You Default

If you are in default, we may, subject to applicable law (including any applicable notice or cure requirement): (a) declare all or any portion of your outstanding Account balance to be immediately due and payable; (b) choose to work with you to offer alternative payment plans to assist with resolving financial hardships, without waiving any of our rights to declare all or any portion of your outstanding Card balance as immediately due and payable; (c) terminate or suspend your Account and/or your ability to make additional transactions using the Card; (d) commence a collection action against you and charge you all reasonable costs, including reasonable attorneys’ fees, court or other collection costs and fees and costs of any appeal; (e) reduce your applicable transaction limit; or (f) suspend or close your Account.

3.3 Refunds; Returns; Merchant Disputes

Cardholder or an additional Cardholder will not receive cash refunds for Card transactions. If a merchant gives Cardholder or an additional Cardholder a credit for merchandise returns or adjustments, the merchant may do so by processing a credit adjustment, which we will credit to the available funds in your Account. We are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase with your Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.

3.4 Automatic Billing Updates

You may set up automatic billing or store your Card or Account information with a merchant or other third party (collectively called “Permitted Party”). If you do, you authorize us to share your Card or Account information with the Permitted Party. If your Card or Account information changes, you authorize us to provide this updated information to a Permitted Party at our discretion. You must contact the Permitted Party directly or remove your Card or Account information from the Permitted Party’s records (for example, a website) if you want to stop automatic billing or Account updates.

3.5 Credit Reporting Information

You agree that we may obtain credit reports about you from credit bureaus and obtain information about you from other sources, including information to verify and re-verify your employment and income. And you agree that we will use such information for any purposes to the extent allowed by applicable law.

3.6 Communications and Call Recording

To the extent permitted by applicable law, you authorize us and Technology Company, in its capacity as our service provider, and each of our and/or Technology Company’s joint or independent affiliates, agents, assigns, and service providers (collectively, the “Messaging Parties”), to use automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems, or any system capable of storing and dialing telephone numbers to deliver messages relating to this Agreement, your Account, or your relationship with the Messaging Parties more generally (including but not limited to: messages about upcoming transactions, suspected fraud and card status) to any telephone number(s) you provide to the Messaging Parties. You also agree that these messages may deliver prerecorded and/or artificial voice messages. You understand that telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else, and that these messages may also be recorded by your answering machine. You also authorize the Messaging Parties to deliver messages to you via mail or email at any addresses you supply to them or that they obtain through any legal means.

You understand that anyone with access to your mail, telephone or email account may listen to, read, or otherwise access the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services, and you agree that the Messaging Parties will have no liability for such charges except to the extent required by applicable law. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. If any telephone number you have provided to the Messaging Parties changes, or if you cease to be the owner, subscriber, or primary user of any such telephone number, you agree to immediately give notice to the Messaging Party who delivered the messages of such facts so that the Messaging Party can update its records.

This authorization is part of our bargain concerning this Agreement, and we do not intend it to be revocable. However, to the extent you have the right to revoke your consent to communications by autodialed calls and text messages to your mobile number under applicable law, you may exercise this right by emailing support@increase.com.

3.7 Cancellation or Suspension of Your Card

You may instruct us to close the Account or cancel a Card through your Dashboard or by emailing support@increase.com. We may cancel, suspend or not renew your Card(s) if you are in default, or at any time for any reason at our discretion, even if you are not in default under the Agreement, unless prohibited by law. We may take any of these actions without advance notice to you, unless we are required to do so. If we end this Agreement, you will still be obligated to pay all amounts owed on your Account and you must pay all money you owe us immediately, including unbilled charges that may not be shown on your last monthly statement. We will only close your Account when you have paid off all amounts you owe us.

If a Card is canceled for any reason, all other Cards issued on your Account may be canceled at the same time. You will continue to be responsible for all purchases or other charges made using your Account and Cards, including automatic billing charges until your Account is no longer used and any automatic billing charges are stopped.

3.8 Limitations of Bank’s Liability

Bank is not liable to you for consequential, indirect, special, punitive, putative, or exemplary damages, lost profits, or lost revenues; whether or not Bank was advised of the possibility of such damages, and regardless of the legal theory on which the claim for damages is based.

3.9 Representations, Warranties and Covenants

You represent, warrant, and covenant that (a) you have full power, capacity, and authority to enter into and perform all obligations under this Agreement; (b) entering into and performing all obligations under this Agreement does not and will not contravene any provision of or constitute a default under any contract or other instrument binding upon you; (c) all information that you have provided and will provide at any time in the future to us is and will be true, accurate and complete; (d) at our request you will deliver in a form acceptable to us any legal documents, financial statements, or other information we may reasonably require to verify the representations and warranties contained in this paragraph; (e) you have received a copy of this Agreement and agree to be bound by and to comply with this Agreement and understand that this Agreement is subject to change in accordance with applicable law; (f) you have designated appropriate personnel as Cardholders and have adopted internal policies governing their use of the Card consistent with your obligations under this Agreement; and (g) if the Cards we issue at your request are FSA Cards, the Plan applicable to such FSA Cards complies with Internal Revenue Code Section 125 and applicable IRS guidance. You agree to notify us promptly of any significant change that has or may have a material adverse effect on your ability to perform your obligations hereunder.

3.10 NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE

From time to time, services related to the Card or Account may be inoperative. When this happens, you may be unable to access the Dashboard and you and Cardholders may be unable to use the Card or obtain information about the Card. Please notify us if you have any problems using the Card or the Dashboard. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

3.11 Governing Law

Washington law and federal law govern this Agreement and the Account and Cards. They govern without regard to internal principles of conflicts of law. We are located in Washington. We hold the Account in Washington and issue Cards from Washington. We entered into this Agreement with you in Washington.

3.12 Notices

To the extent applicable law permits, any notice you send us is effective after we receive it and have a reasonable opportunity to act on such notice. Any written or electronic correspondence we send you is effective when we send it to you at your mailing address (or your email address if you have authorized electronic communications), in each case as it appears in our records.

3.13 Severability

Except as set forth in the Arbitration Provision, if any part of this Agreement is found to be invalid, the rest of this Agreement will still remain in effect.

3.14 No Waiver of Bank Rights

We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion.

3.15 Assignment

We may sell, assign or transfer your Account or any portion of it without notice to you. You may not transfer, sell, or assign the Account, Cards, or this Agreement or any obligations under this Agreement to another person or entity.

3.16 Assigning Claims

If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You and any additional Cardholders agree not to pursue any claim against the merchant for the credited amount. And you and any additional Cardholders must cooperate with us if we decide to do so.

3.17 Entire Agreement

You acknowledge that this Agreement is the entire agreement between you and Bank concerning the Card. This Agreement supersedes and may not be contradicted by any evidence of any prior or contemporaneous written or oral communication or understanding between you and the Bank concerning the Card. If we offer or provide rewards in connection with the Account, you understand that the disclosures or information relating to such rewards are separate and not part of this Agreement. No other agreements, representations, or warranties other than those provided in this Agreement are binding unless in writing and signed by Bank. Notwithstanding the foregoing, any Cardholder acknowledgment referenced in Section 1.5.3 is incorporated into and forms part of this Agreement with respect to the additional Cardholder to which it applies.

3.18 Headings

The section headings of this Agreement are inserted only for convenience and are in no way to be construed as substantive parts of this Agreement.

Arbitration and Waivers

BE SURE THAT YOU READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT THIS PROVISION MAY SIGNIFICANTLY LIMIT YOUR RIGHTS IF THERE IS A DISPUTE BETWEEN YOU AND US, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION.

4.1 Election to Arbitrate

You and we agree that the sole and exclusive forum and remedy for resolution of a Claim is final and binding arbitration pursuant to this Section 4 (the “Arbitration Provision”). As used in this Arbitration Provision, “Claim” includes any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, or the activities or relationships that involve, lead to, or result from this Agreement, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable. A Cardholder who has accepted Cardholder Terms under Section 1.5.3 is bound by this Arbitration Provision directly, with respect to Claims arising from that Cardholder’s own use of the Card, in the same manner as you are directly subject to this Arbitration Provision of the Agreement.

4.2 Applicability of the Federal Arbitration Act and Arbitrator’s Powers

This Arbitration Provision is made pursuant to a transaction involving interstate commerce and is governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator must take steps to reasonably protect confidential information.

4.3 Informal Dispute Resolution

If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to the bank by email at support@increase.com and provide us with the opportunity to resolve your concern prior to initiating arbitration.

4.4 Arbitration Procedures

The party initiating arbitration must do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration will be conducted according to, and the location of the arbitration determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision controls, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.

4.5 Arbitration Fees

If we initiate arbitration, we will pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you initiate arbitration, filing costs and administrative fees (other than hearing fees) will be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We will pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party bears the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, this Arbitration provision does not prevent these statutory rights from applying in the arbitration.

4.6 Appeals

Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitration administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal are governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, are final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction.

4.7 No Class Actions

No arbitration may proceed on a class, representative, or collective basis (including as private Attorney General on behalf of others), even if the Claim or Claims subject to arbitration had previously been asserted (or could have been asserted) in a court as class representative, or collective actions in a court.

Unless all parties in the arbitration consent in writing, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless all parties to the arbitration consent in writing, an award in arbitration determines the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and does not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator has the power or authority to waive, modify, or fail to enforce this Section 4.7, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, is invalid and unenforceable. A court, not the administrator or any arbitrator, will determine the validity of any challenge to this Section 4.7.

4.8 Survival and Severability of Arbitration Provision

This Arbitration Provision survives the termination of this Agreement. If any portion of this Arbitration Provision other than Section 4.7 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision will remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that Claim (and only that Claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 4.7 are finally adjudicated pursuant to the last sentence of Section 4.7 to be unenforceable, then no arbitration will proceed. No invalidation authorizes an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.

4.9 Judicial Forum for Claims

Except as otherwise required by applicable law, if this Arbitration Provision is found not to apply to you or your Claim, you and we agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Washington. Both you and us consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

4.10 Waiver of Right to Litigate

The parties acknowledge that they have a right to litigate claims through a court before a judge or jury and knowingly and voluntarily waive that right by agreeing to this Agreement and Arbitration Provision.