Electronic Communications Agreement

This Electronic Communications Agreement (“Agreement”) applies to all communications related to your Instant Financial Prepaid Visa® Card (“Card”) and accompanying services available through www.instant.co (the “Website”) or mobile application (“Mobile App”). This Agreement supplements and is to be construed in accordance with the terms of the cardholder agreement (“Cardholder Agreement”) you received when you obtained the Card account.

“We,” “us,” and “our” refer to Instant Financial USA, Inc. “Bank” means Sutton Bank. “Card Account” refers to the Card account issued by the Bank. “You” and “your” refers to the person(s) to whom the Card has been issued. “Communication(s)” means any customer agreement or amendments thereto; disclosure; notice; response to claims; transaction history; privacy policy; and all other information related to Card, Card Account and related products and services, including but not limited to information that we are required by law to provide you in writing.

The Card is intended for use only by person(s) who are willing and able to receive notices and communications exclusively through the Website, the Mobile App or via electronic mail (“E-mail”). If you do not agree to receive the legally-required notices and communications described herein in electronic and not paper form, then you may not open a Card Account. Similarly, if after providing consent hereunder, you withdraw it, we reserve the right to close the Card Account and terminate your participation in the Card program.

1. Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Agreement applies, you agree that any Communications will be provided in electronic format, to the extent allowed by law, and that paper Communications will not be sent. You consent to receive electronic Communications and transactions includes, but is not limited to:

1. All legal and regulatory disclosures and communications associated with the Card and any related products or services;
2. The Cardholder Agreement and any notices about changes in terms;
3. Privacy policies and notices;
4. Responses to claims filed in connection with the Card Account;
5. Notices regarding insufficient funds or negative balances; and
6. All other communications between us and Customer concerning the Card Account and any related transactions, products or services.

2. Method of Providing Communications in Electronic Form. All communications that we provide in electronic form will be provided either (1) by E-mail or (2) by access to the Website, or (3) through the Mobile App.

3. How to Withdraw Consent. You may withdraw consent to receive Communications in electronic form by calling 844-466-9361. If you withdraw consent, the Card will be closed and a refund check for the balance of your Card Account may be issued in accordance with the terms of the Cardholder Agreement. If you withdraw consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

4. How to Update Records. It is your responsibility to provide us with a true, accurate and complete E-mail address, contact, and other information related to this Agreement and the Card, and to maintain and update promptly any changes in this information. You can update information (such as the E-mail address) through the Website or by contacting us at 844-466-9361. We are not responsible for any delay or failure in the receipt of the Communications if we send the Communications to the last E-mail address you provided to us.

5. Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available, you must have:

1. Access to a device (e.g., a computer, smartphone, mobile, device, tablet, etc.) that is suitable for connecting to the Internet or downloading our mobile app and has a Current Version (as defined below) of: (i) an operating system, such as Windows, Mac OS, iOS or Android and (ii) an Internet browser, such as Chrome, Safari, or Firefox, that we support;
2. A connection to the Internet;
3. Local electronic storage capacity to retain Communications and/or a printer to print Communications;
4. A valid, working email address and software to access it; and
5. Software that enables you to view and display files in HTML and PDF format

By “Current Version,” we mean a version of the software that is currently being supported by its publisher. From time to time, we may offer services or features that require that your Internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly configured, we may provide you with a notice and advice on how to update your configuration. We reserve the right to discontinue support of a Current Version of an operating system or Internet browser if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use.

We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial change in these requirements, you will be notified of the changes accordingly.

6. Requesting Paper Copies. We will not send paper copies of any Communication, however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You can obtain a paper copy of an electronic Communication by printing it or by requesting that we mail a paper copy. To request a paper copy, call us at 844-466-9361 during normal business hours. There are no fees associated with the request for the delivery of paper copies of any Communication provided electronically pursuant to this Agreement.

7. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download a copy of this Agreement and any other Communications.

8. Federal Law. You acknowledge and agree that consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our mutual ability to conduct business by electronic means.

9. Termination/Changes. We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

10. Consent. By clicking on “Agree”, you give us your affirmative consent to receive electronic Communications as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with your current E-mail address to which we may send you electronic Communications.