The Petal 2 Visa® Credit Card Cardholder Agreement

Important disclosures
Rates, fees, and other important information about the Petal 2 VISA® Credit Card (“Card”) are set forth in these Important Disclosures. The customized version of these Important Disclosures (the “Customized Disclosures”) that we provide you prior to your first use of the Card or the related credit card account are part of the Petal 2 VISA® Credit Card Cardholder Agreement (“Agreement”).

Effective as of February 6, 2023

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How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases).”  See the Agreement for more detail.

Variable APR: The APR on your Account will be determined each billing cycle by adding a margin to the Prime Rate (U.S.) as published in the Money Rates section of The Wall Street Journal on the second business day of the same month in which your billing cycle closes. The margin which will be added to the Prime Rate for purchases is 9.74% - 23.74%. As of February 6, 2023 the Prime Rate was 7.75%.

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The issuer of the credit card  program is WebBank. The information about the cost of the Card  described in this table is accurate as of February 6, 2023. This information may  change after that date. To find out what may have changed, call or write  the servicer, Petal Card, Inc., at 855-697-3825 or Petal Card,  Inc., MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168.

Arbitration Clause; Notices: PLEASE REVIEW THE ARBITRATION CLAUSE AND NOTICES SET FORTH IN EXHIBITS A-C OF THE AGREEMENT.

Petal 2 VISA® Credit Card
Cardholder Agreement

EXHIBIT A TO THE AGREEMENT IS AN ARBITRATION CLAUSE. UNLESS YOU ARE A “COVERED BORROWER” PROTECTED BY THE MILITARY LENDING ACT (THE “MLA”) OR UNLESS YOU PROMPTLY REJECT THE ARBITRATION CLAUSE, IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS PROCEEDING.

This Agreement governs the Petal 2 VISA® credit card account (“Account”) and related credit card (“Card”) provided by WebBank, located in Salt Lake City, Utah (the “Bank”). This Agreement includes the Important Disclosures we provided to you after approving you for the Account (the “Customized Disclosures”), the Arbitration Clause attached as Exhibit A, the Billing Error Rights Notice attached as Exhibit B, the State Notices attached as Exhibit C, your credit card application, and, as applicable, the Privacy Policy, and Risk-Based Pricing Disclosure. In this Agreement, the words “we,” “us,” and “our” mean the Bank, its successors and assigns, and, for purposes of the Arbitration Clause, the Related Parties identified in the Arbitration Clause. The words “you,” “your”, “yours” and “Cardholder” mean the person who applied for, received and accepted the Account from the Bank.

1. Accepting this Agreement. This Agreement becomes effective and legally binding when you activate your Card by following the instructions on the Activation page of www.petalcard.com or a Petal mobile application (“Petal Website”). You and we agree to comply with, and be bound by, this entire Agreement. You should retain and carefully review this entire Agreement, and sign your Card before using it. By completing your application for the Account (and unless you promptly reject the Arbitration Clause or are a “covered borrower” protected by the Military Lending Act), you agree to the Arbitration Clause even if you do not use the Account or the Card.

2. Purchases. You may use your Account to purchase or lease goods or services (each, a “purchase”) by presenting your Card or providing to participating merchants and establishments that honor the Card your Card number and additional information by any other means (for example, over the phone, online or through a mobile app). We will not be liable to you (or anyone else) if any merchant or other person cannot or will not process a purchase permitted under this Agreement. Unless prohibited by applicable law, we may from time to time limit the type, number and dollar amount of any purchase, including any cash-like transaction, even if you have sufficient available credit to complete the purchase. Cash-like transactions include, but are not limited to, the following transactions to the extent they are accepted:

• purchasing travelers checks, foreign currency, money orders, wire transfers, cryptocurrency, other similar digital or virtual currency and other similar transactions;

• purchasing lottery tickets, casino gaming chips, race track wagers, and similar offline and online betting transactions;

• person-to-person money transfers and account-funding transactions that transfer currency; and

• making a payment using a third party service including bill payment transactions not made directly with the merchant or their service provider.

We reserve the right to deny any purchase for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the purchase. We may terminate or suspend your use of the Card or the Account, with or without notice to you before or at the time we take such action. Cash advances and balance transfers are not available under this Agreement.

3. Prohibited Uses of Account. You agree that you will only use the Account for personal, family and household purposes and will not use the Account for any unlawful purpose or for the purpose of paying us on this or any other form of credit account you may have with us. If you use your Card for any such purpose, we may declare you to be in default under this Agreement and we may block such transactions and/or terminate your Account, but you still will be liable to us for all charges relating to such transactions and all other transactions on your Account at the time it is closed. Further, you agree that you will not allow any other person to use the Card or Account without our consent. However, your breach of any of these promises will not affect or limit your liability to us with respect to your purchases. If you authorize or allow any person to use your Account, such authorization will be deemed to extend to all purchases by such person, even if not intended by you, and will continue until you have taken all steps necessary to prevent any further use of the Account by such person, even if you have advised us that such person is no longer authorized to use the Account.

4. Promise to Pay  You promise to pay us for all amounts charged to the Account, including all purchases, interest, and charges charged to your Account.  You are obligated to repay us for all transactions made using your Card by people you have authorized to use the Card even if their use of the Card exceeds the authorization which you gave them.

5. Credit Limit; Available Credit.

(a) We have disclosed your initial credit limit in your approval email. We will disclose your then-current credit limit and available credit on each monthly statement we send you. We may increase or decrease your credit limit at any time, on our own initiative or at your request (if we accept such requests). We may also close your Account or suspend your ability to use the Account at any time. We will provide any notice required by applicable law if we take any adverse action on your Account.

(b) At any time, your available credit equals the excess (if any) of your credit limit over your outstanding Account balance (including principal, and interest charges).  You agree not to attempt any purchase that exceeds your available credit. For purposes of determining your available credit, we do not give effect to any payment prior to the time we determine that the payment has been made with sufficient funds. Depending on your payment method, this may take up to 20 days.  We are not required to approve any purchase if the amount of the purchase exceeds your available credit but we may authorize and pay any such purchase in our absolute discretion. Whenever the outstanding balance of the Account exceeds your credit limit, you agree to pay us the difference on demand unless and to the extent that we have reduced your credit limit below your pre-existing balance prior to the reduction.

6. Monthly Statements. We will send you a monthly statement shortly after the end of each monthly billing cycle with any activity, fee or interest charge or an ending debit or credit balance in excess of $1.00. However, we are not obligated to send you a monthly statement if we deem your Account to be uncollectible or applicable law does not require us to send you a monthly statement for other reasons. Your monthly statements will show, among other matters, the outstanding balance at the start and end of the billing cycle (that is, the “previous balance” and “new balance,” respectively); purchases; payments, credits and adjustments; interest charges and fees; your credit limit and available credit; and the minimum payment due and payment due date.

7. Interest Charges.

‍(a) General. We use the “average daily balance (including new purchases)” method to calculate your interest charges. This means that, each billing cycle, we determine your interest charges by multiplying the average daily balance (which is shown on your monthly statements as the “balance subject to interest rate”) times the daily periodic rate and then by multiplying this amount by the number of days in the billing cycle.

(b) Grace Period on Purchases.

(i) If your Account balance is $0 at the beginning of a billing cycle or you pay the entire Account balance as of the beginning of a billing cycle by the payment due date that falls in such billing cycle, you get a “grace period” and will not be charged any interest charges for such billing cycle.

(ii) If you do not get a grace period for a billing cycle but you got a grace period for the immediately preceding billing cycle, we will not charge interest charges on purchases that were outstanding during such preceding billing cycle to the extent such purchases are paid by the payment due date that falls in the current billing cycle.

(iii) If you get a grace period on purchases for a billing cycle on account of a payment that is dishonored or reversed in the next billing cycle or a credit that is reversed in the next billing cycle due to the resolution of a billing dispute, we will charge you in the next billing cycle the interest charges you avoided in the prior billing cycle due to the dishonored or reversed payment or credit.

(c) Interest Rates.

(i) The daily periodic rate equals the APR divided by 365, rounded to the 6th decimal place.

(ii) The APR each billing cycle equals the sum of the Margin shown on your Customized Disclosures and the WSJ Prime Rate, determined as of the second business day (not weekends or federal holidays) of the same month in which your billing cycle closes (the “Determination Date”).  Accordingly, the APR (and daily periodic rate) may vary each billing cycle. The “WSJ Prime Rate” is the highest U.S. Prime Rate as published in the “Money Rates” section of The Wall Street Journal on the Determination Date (or if The Wall Street Journal does not publish such rate on such day, the latest prior day it does publish such rate). (If The Wall Street Journal stops publishing the U.S. Prime Rate in its “Money Rates” section, then we may substitute another index and margin, in our sole discretion, subject to applicable law.) An increase or decrease in the WSJ Prime Rate will cause a corresponding increase or decrease in the variable APR. Notwithstanding the foregoing, the APR and daily periodic rate will never exceed the maximum rates permitted by applicable law.

(iii) Unless you qualify for a grace period (see subsection (b)), if and when the variable APR increases, more interest charges will accrue. This will result in higher and/or more payments if you pay the minimum payment due each month. Unless you qualify for a grace period, if and when the variable APR decreases, less interest charges will accrue. This will result in lower and/or fewer payments if you pay the minimum payment due each month.

(d) Balances Subject to Interest Rate.

(i) The average daily balance (also known as the balance subject to interest rate) equals the sum of the closing daily Account balances for each day of the billing cycle, divided by the number of days in the billing cycle.

(ii) If you get a grace period for a billing cycle (see subsection (b)(i)), the Account balance is treated as $0 for each day in the billing cycle (and the average daily balance is $0). Otherwise, the closing balance for each day in the billing cycle is computed as follows:

(A) For each day (including the first day of the billing cycle), we start with the prior day’s closing balance, if any.

(B) For the first day of the billing cycle, if you received a grace period for the immediately preceding billing cycle, we deduct all payments and credits applied to purchases and posted by the payment due date that falls within the current billing cycle.

(C) For each day in the billing cycle (including the first day of the billing cycle), we add any new purchases posted to your Account, we add the interest charges from the prior day (the prior day’s closing balance times the daily periodic rate) and subtract any payments or credits. However, we do not subtract a second time any payments or credits that have already been subtracted in step (B) above. (This method results in the daily compounding of interest charges.)

(D) We treat any negative daily balance as $0.

(e) Interest Accrual Periods. We charge interest charges over the following periods:

(i) If you get a grace period for the billing cycle in which the purchase is posted to the Account (the “Purchase Cycle”) and for the next billing cycle (the “Next Cycle”), we charge no interest charges at all.

(ii) If you get a grace period for the Purchase Cycle but not for the Next Cycle, we charge interest charges from the first day of the Next Cycle through the earlier of: (1) the day the purchase is repaid in full; or (2) the day before the beginning of the first billing cycle that comes after the Next Cycle and for which you get a grace period (the “Interest End Date”).

(iii) If you do not get a grace period for the Purchase Cycle, we charge interest charges from the day the purchase is posted to the Account through the Interest End Date.

8. Fees. None

9. Limits on Interest and Charges. It is not our intent to charge or collect any interest,  or charge in excess of the amount permitted by applicable law. If any interest, or charge is finally determined to be in excess of the amount permitted by applicable law, we will credit the excess amount against the outstanding balance in your Account or refund it to you.

10. Payments.

‍(a) Each month, you must pay at least the minimum payment due shown on your monthly statement by the “cut-off time” on the payment due date shown on your monthly statement. The payment due date will be at least 25 days after the date of the monthly statement and will typically be on the same day of each calendar month. However, if the payment due date falls on a day we do not receive mail (a “non-business day”), we will not treat your payment by mail as late for any purpose if we receive it by the cut-off time on the next day we receive mail (a “business day”). The “cut-off time” is 8:00 p.m. Eastern Time for payments made online through the Petal Website or over the phone or 5:00 p.m. Eastern Time if you mail-in a payment by check or money order.

(b) If the new balance shown on your monthly statement for a billing cycle (the “Statement Cycle”) is less than $25.00, the minimum payment due in the next billing cycle equals such new balance. 

Otherwise, the minimum payment due equals:

       • Any amount past due at the end of the Statement Cycle; plus

       • The greater of: 

          (i)$25.00; or 

          (ii) 1% of such new balance (excluding any interest charges and any amount past due), plus interest charges for the Statement Cycle.

(c) You agree to make all payments in U.S. dollars in accordance with our instructions online on the Petal Website, by phone or by a check or money order drawn on a financial institution located in the U.S. All payments by check or money order must be mailed or delivered to us at the payment address shown on the front of your monthly statement. We reserve the right to refuse any non-conforming payments. Any payments received after the cut-off time on a business day or received on a non-business day will be credited on the next business day. However, credit to your Account may be delayed for up to five days if we accept a check or money order that is not:(i) received by mail or messenger service at the payment address on your monthly statement; or (ii) accompanied by the top portion of your monthly statement. Delayed crediting or our refusal of your non-conforming payment may cause you to incur additional interest charges, subject to applicable law.

(d) Subject to applicable law, we may apply payments and other credits to your Account in any manner we choose in our sole discretion.  We will usually apply the minimum payment first to interest charges and then to balances. Although your minimum payment will be applied in any order at our discretion, payments in excess of the minimum payment will be applied to balances with the highest APR first and then to lower rate balances in descending order of APR. This means that balances with higher APRs are reduced before balances with lower APRs for any amount of your payment that is in excess of your minimum payment due.

(e) All credits for payments to your Card are subject to final payment by the institution on which the payment item was drawn. Depending upon the type of payment you make, your available credit may not be restored for up to 20 days after we receive a payment.

(f) You agree not to send us payments marked “paid in full,” “without recourse” or with similar language. If you send such a payment, we may accept it without losing any of our rights under this Agreement, including our right to collect the full amount owed by you. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount, must be mailed or delivered to the Notice Address (as defined in Section 18), Attn: Disputed Payments.

11. Prepayment. At any time, you may pay all or any part of your outstanding Account balance, without penalty. Payment of more than the minimum payment due in one billing cycle will not relieve you of the obligation to pay the entire minimum payment due in subsequent billing cycles.

12. Termination. Subject to applicable law, we may suspend, revoke or cancel your Account privileges, your right to use the Card or deny any transaction, in our sole discretion at any time, with or without cause and with or without giving you notice.  Any termination of credit privileges, whether initiated by us or by you, will not affect any of our rights or your obligations under this Agreement, including your obligation to repay any amounts you owe us according to the terms of this Agreement. On our demand or upon termination of credit privileges, you agree to surrender to us or destroy the Card. If you attempt to use the Card after the termination of credit privileges (whether or not we have provided notice of such termination), the Card may be retained by a merchant, ATM or financial institution where you attempt to use the Card.

13. Default. Subject to applicable law, we may declare you to be in default under this Agreement if: (a) you fail to pay any minimum payment due on or before the payment due date; (b) you attempt to or do exceed your credit limit; (c) you make a payment that is dishonored or reversed; (d) you die or are declared legally or mentally incompetent; (e) a petition is filed or other proceeding is commenced by or against you under the Federal Bankruptcy Code or any other federal or state insolvency laws; (f) you become insolvent or unable to pay your debts; (g) you provide us with any false or misleading information; (h) you breach any of your other obligations under this Agreement; (i) you are in default of any other credit agreement you have with us or with Petal (as defined in Section 16); or (j) we have any reason to believe you are unwilling or unable to pay your debts.

Idaho, Iowa, Kansas, Maine and South Carolina Residents Only: We may declare you to be in default if you fail to make a payment as required by this Agreement (or within 10 days of the time required by this Agreement, for Iowa residents) or if the prospect of your payment or performance is significantly impaired (for Iowa residents, if, following an event of default, the prospect of your payment is materially impaired).  We have the burden of establishing the impairment of such prospect of payment or performance.

‍Wisconsin Residents: We may declare you to be in default (a) if you permit to be outstanding an amount exceeding one full payment which has remained unpaid for more than 10 days after its scheduled due date or deferred due date, or if you fail to pay the first payment or last payment within 40 days of its scheduled due date or deferred due date or (b) if you fail to observe any other provision of this Agreement, the breach of which materially impairs your ability to pay the amounts due under the Agreement.

‍14. Remedies. In the event of your default under this Agreement, we may, subject to applicable law (including any applicable notice requirement): (a) declare all or any portion of your outstanding Account balance to be immediately due and payable; (b) instead allow you to repay your Account balance by paying the minimum payment due each billing cycle, without waiving any rights under subsection (a); and/or (c) commence a collection action against you and charge you for any court costs and/or any reasonable attorneys’ fees and costs we are charged in connection with such action by any attorney who is not our salaried employee. After a default, interest charges will continue to accrue until your total Account balance, including accrued interest charges, is paid in full, subject to applicable law.

‍15. Delay in Enforcement. We may at any time and in our sole discretion delay or waive enforcing any of our rights or remedies under this Agreement or under applicable law without losing any of those or any other rights or remedies. Even if we do not enforce our rights or remedies at any one time, we may enforce them at a later date. For example, we may accept late payments or payments that are marked “payment in full” or with other restrictive endorsements without losing any of our rights under this Agreement.

‍16. Servicer. Petal Card, Inc. (“Petal”), along with its partners and service providers, is the servicer of your Account and Card. In that capacity, Petal may act on our behalf, perform our obligations or enforce our rights under this Agreement.

17. Communications and Call Recording. You authorize WebBank and Petal (one of WebBank’s service providers) and each of WebBank’s and/or Petal’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 payment due dates, missed payments and returned payments) 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 or read 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 contacting the applicable Messaging Party directly or by sending a request by email to support@petalcard.com with the subject line “END COMMUNICATIONS.” You may opt-out of receiving most of these messages at any time by sending us a request to support@petalcard.com or by responding “STOP” to any text message. To stop emails only, you can follow the opt-out instructions included at the bottom of the Messaging Parties’ emails.

18. Notices and Change in Information. All notices to us must be sent to Petal Card, Inc., MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168, or such other address we subsequently provide you (the “Notice Address”), Attn: Notices (or as otherwise set forth in this Agreement). To the extent permitted by applicable law, any notice you send us will become effective after we have received it and had a reasonable opportunity to act on such notice. Any written or electronic correspondence we send to you will become effective when we send it to you at your mail address (or your email address if you have authorized electronic communications), in each case as it appears on our records. All bankruptcy notices and related correspondence to us may be sent to Petal Card, Inc., MSC – 166931, Attn: Bankruptcy Notice, P.O. Box 105168, Atlanta, GA 30348-5168. You must notify us of any changes to your name, mailing or email address, or cell phone number within 15 days of such change. You must notify us of changes to your mailing, email address or cell phone number by updating such information on the Petal Website. You must notify of us changes to your name by writing to the Notice Address, Attn: Name Change.

‍19. Access to Financial Data. While the Account is open, if any material financial accounts are linked to your Account, you must provide us and our service providers access to financial data by in putting your login credentials and linking such material financial accounts on the PetalWebsite. Access to your financial data does not give us the right to initiate a preauthorized transfer; we must obtain such authorization separately, and you are not required to provide us such authorization as a condition of opening or using this Card. You promise to keep login credentials up-to-date and to update the linked accounts on the Petal Website as login credentials change. We promise to use the information in linked accounts in compliance with our Privacy Policy and all applicable laws.

20. Credit Reporting. You authorize us to obtain information from you and to make whatever inquiries we consider necessary and appropriate (including requesting consumer reports from consumer reporting agencies and data from your bank, wealth manager or other financial services provider) in considering your Application and for any lawful purpose, including any updates, renewals or extensions of credit, reviewing or collecting your Account or determining your eligibility for future credit or other offers that we believe may be of interest to you. Upon your request to us, we will inform you of the name and address of any consumer reporting agency that provides us a consumer report relating to you. We may also furnish information concerning you and your Account to other creditors, other financial institutions and credit bureaus. Late payments, missed payments, returned payments or other defaults on your Account may be reflected in your credit report.

21. Inaccurate Information. You have the right to dispute the accuracy of information we have reported to a credit bureau. If you think any information about your Account that we have reported is incorrect, please write us at theNotice Address, Attn: Credit Reporting. Include your name, address, Account Number, phone number and a brief description of the issue, including the specific information you are disputing and the basis for your dispute. You may also contact us at the email on your statement. We will research your issue and will let you know if we agree or disagree with you, or if we have determined the dispute to lack merit. If we agree with you, we will contact the consumer reporting agency we reported to and request a correction.

‍22. Identity Theft. If you believe that you have been the victim of identity theft in connection with your Account or in connection with any other loan or extension of credit made by us, you can request an Identity Theft Form by calling toll free 1-855-697-3825 or writing to Petal at the Notice Address, Attn: Identity Theft. You should send us a police report and written statement in the form we provide you alleging that you are the victim of identity theft for a specific debt. Once we receive your documentation, we will cease debt collection activity until we have reviewed the materials, determined that the debt is still collectible, complied with all obligations described in the Billing Rights Notice below and sent you a written notice describing the basis for our determination.

‍23. Military Lending Act. Federal law provides important protections to members of the Armed Forces and their dependents (“Covered Borrowers”) relating to extensions of consumer credit. In general, the cost of consumer credit to a Covered Borrower may not exceed an APR of 36%. This rate must include, as applicable to the credit transaction or account, the costs associated with credit insurance premiums, fees for ancillary products sold in connection with the credit transaction, any application fee charged (other than certain application fees for specified credit transactions or accounts) and any participation fee charged (other than certain bona fide and participation fees for a credit card account). To hear disclosures related to the Military Lending Act, please call this toll-free number: 1-800-213-5794.

The Arbitration Clause of this Agreement does not apply to you if you are a Covered Borrower nor do any provisions of the Agreement that waive any right to legal recourse under any state or federal law to the extent required by the Military Lending Act.

24. Lost or Stolen Cards. 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 promptly by calling 1-855-697-3825. You will not be liable for any unauthorized use that occurs after you notify us.  You may, however, be liable for unauthorized use that occurs before receipt of your notice by us.

‍25. Governing Law. Except as provided in the Arbitration Agreement below, this Agreement and your Account are governed by federal law and, to the extent state law applies, the laws of the State of Utah without regard to its conflicts of law principles.

26. Severability. Subject to the Arbitration Agreement: (a) if any part of this Agreement conflicts with applicable law, that law will control, and this Agreement will be considered changed to the extent necessary to comply with that law; and (b) if any part of this Agreement is determined by a court of competent jurisdiction to be invalid, the remainder of this Agreement will remain in effect.

27. Bankruptcy. You promise that you are not a debtor under any proceeding in bankruptcy, have not consulted a bankruptcy attorney in the past six months and have no current intention of filing a petition for relief under the United States Bankruptcy Code. All bankruptcy notices and related correspondence to us must be sent to Petal at the Notice Address, Attn: Bankruptcy Notice.  

‍28. Notice and Cure. Prior to initiating a lawsuit or arbitration regarding a legal dispute or claim relating in any way to this Agreement, the Account or the Card (as more fully defined in the Arbitration Clause, a “Claim”), the party asserting the Claim (the “Claimant”) must give the other party (the “Defending Party”) written notice of the Claim (a “Claim Notice”) in accordance with the notice provisions of this Agreement (see Section 18). Any Claim Notice you send must be addressed to the Notice Address, Attn: Legal Claim, and must provide your Account Number and phone number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The Claimant must reasonably cooperate in providing any information about the Claim that the Defending Party reasonably requests and must give the Defending Party a reasonable opportunity, not less than 30 days, to resolve the Claim on an individual basis.

‍ 29. Waiver of Right to Class Actions. NO CLASS ACTIONS. YOU AGREE AND ACKNOWLEDGE THAT PURSUANT TO UTAH CODE ANN. § 70C-4-105 YOU ARE WAIVING YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT.

30. Waiver of Right to Trial by Jury. YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW. YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION CLAUSE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.

31. Entire Agreement. You acknowledge that this Agreement constitutes the entire agreement between you and us with respect to the Account and the Card. This Agreement supersedes and may not be contradicted by evidence of any prior or contemporaneous written or oral communication or understanding between you and us concerning the Account or the Card. If we offer or provide rewards in connection with the Account, the disclosures relating to such rewards are separate and not part of this Agreement.

32. Customer Privacy. Our privacy policy is provided separately in accordance with applicable law and can be viewed online at https://www.petalcard.com/privacy-policy.

33. Assignment. We may at any time and without notice to you, sell, pledge or transfer this Agreement or any Account balances to any party at any time. If we do so, then the purchaser, pledgee or transferee will succeed to all our applicable rights and responsibilities. You may not assign or transfer this Agreement or any of your rights and obligations under this Agreement.  Any such assignment or transfer by you will be void.

34. Change of Terms. Subject to applicable law, we may at any time change, add to or delete terms and conditions of this Agreement, including interest rates and this Change of Terms provision. Such changes may be based on our anti-fraud policies and procedures, your level of compliance with this Agreement, your credit score, other information contained in your credit report, prevailing economic conditions and/or any other factors. We will give you notice of any change, addition or deletion as required by applicable law. As of the effective date, the changed terms, at our option, will apply to new purchases and the outstanding balances of your Account, to the extent permitted by applicable law.

‍35. Special Offers and Payment Plans. At our discretion, we may make special offers to you at any time. Such offers may apply to all purchases or balances on your Account, or only to some purchases or balances. We will provide to you the terms of any special offer and tell you how they differ from this Agreement. Except as provided in any special offer, the rest of this Agreement will still apply to your Account. These offers may include payment plans and skip payment offers. We may make special offers to certain cardholders and not others based on eligibility criteria established in our sole discretion. The availability of such an offer to certain cardholders shall not require that the offer be made available to all cardholders.

36. Recurring Purchases. You may authorize a merchant to initiate purchases on a recurring basis to your Account. Upon the issuance by us of a new Card with a new Account number or expiration date, you may need to provide the merchant with such updated information in order to continue the recurring transactions. However, you authorize us to provide updated information to the merchant at our discretion. You must contact the merchant if you want to cancel automatic billing.

‍37. Check Conversion Notification; Electronic Check Re-Presentment If you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your bank account or to process the payment as a check transaction. When we use information from your check to make an electronic funds transfer, funds may be withdrawn from your bank account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. In the event a check is returned unpaid for insufficient or uncollected funds, we may re-present the check electronically.

38.  Foreign Currency Transactions.  If you make a transaction using your Account in a foreign currency (including, for example, online purchases from a merchant located outside of the U.S.), the credit 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 credit 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.

39. 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 CLAUSE—EXHIBIT A

We have put this Arbitration Clause (“Clause”) in question and answer form to make it easier to understand. However, this Clause is part of this Agreement and is legally binding. For purposes of this Clause, our Notice Address is: Petal Card, Inc., Attn: Petal Legal Department, MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168.

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Background and scope.

Your Billing Rights: Keep This Document For  Future Use

This notice tells you about your rights and our  responsibilities under the Fair Credit Billing Act.

What To Do If You Think You Find A Mistake On Your Statement

‍If you think there is an error on your statement, write to us at:

WebBank, c/o Petal Card, Inc., MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168, Attn: Billing Dispute.

You also may send us an email to support@petalcard.com with the subject line “DISPUTE”.

In your letter, give us the following information:

• Account information: Your name and account number.
• Dollar amount: The dollar amount 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 the error appeared on your statement.
• At least 3 business days before an automated  payment is scheduled, if you want to stop payment on the amount you think is  wrong.

You must notify us of any potential errors in writing or electronically. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
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What Will Happen After We Receive Your Letter

When we receive your letter, we must do two  things:

1. Within 30 days of receiving your letter, we  must tell you that we received your letter. We will also tell you if we have  already corrected the error.

2. Within 90 days of receiving your letter, we  must either correct the error or explain to you why we believe the bill is  correct.

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While  we investigate  whether or not there has been an error:

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• We cannot try to collect the amount in  question, or report you as delinquent on that amount.

• The charge in question may remain on your statement, and we may continue to charge you interest on that amount.

• While you do not have to pay the amount  in question, you are responsible for the remainder of your balance.

• We can apply any unpaid amount against  your credit limit.

After we finish our investigation, one of two  things will happen:

• If we made a mistake: You will not have to pay  the amount in question or any interest or other fees related to that amount.

• If we do not believe there was a mistake: You  will have to pay the amount in question, along with applicable interest and  fees. We will send you a statement of the amount you owe and the date payment  is due. We may then report you as delinquent if you do not pay the amount we  think you owe.

If you receive our explanation but still believe  your bill is wrong, you must write to us within 10 days telling us that you  still refuse to pay. If you do so, we cannot report you as delinquent without  also reporting that you are questioning your bill. We must tell you the name  of anyone to whom we reported you as delinquent, and we must let those  organizations know when the matter has been settled between us.

If we do not follow all of the rules above, you  do not have to pay the first $50 of the amount you question even if your bill  is correct.

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Your Rights If You Are Dissatisfied With Your Credit Card Purchases

‍If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)

2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.

3. You must not yet have fully paid for the purchase.

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If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at:

WebBank, c/o Petal Card, Inc., MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168, Attn: Billing Dispute.

You also may send us an email to support@petalcard.com with the subject line “DISPUTE”.

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.

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STATE NOTICES—EXHIBIT C

Residents of All States:NOTICE TO THE APPLICANT - 1. DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS BLANK SPACES. 2. YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS CREDIT AGREEMENT AND AN EXACT COPY OF THE PAPER YOU SIGN. 3. YOU MAY AT ANY TIME PAY MORE THAN THE MINIMUM PAYMENT, OR YOUR ENTIRE BALANCE IN FULL WITHOUT INCURRING ANY ADDITIONAL CHARGE FOR PREPAYMENT.

Cardmembers: Your signature (including any digital or electronic signature), address and the date on the application, or other evidence of indebtedness, or your acceptance of this Agreement through an electronic transmission to us represents your signature, address and the date on this Agreement, which are incorporated herein by reference.

‍Residents of All States, including California, New York, Rhode Island, Utah and Vermont: You give us and our agents, successors, and assigns permission to access your credit report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing this Account, taking collection action on this Account, or for any other legitimate purposes associated with this Account. Upon your request, you will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

‍Residents of All States, including Iowa, Maine, Missouri, Nebraska, Oregon, Texas, Utah and Washington: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT, INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT, ARE NOT ENFORCEABLE. TO PROTECT YOU (BORROWER) AND US (CREDITOR) FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT.

‍California Residents: Married applicants may apply for separate accounts.

‍Delaware, Maryland and Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the minimum payment due, up to your entire outstanding balance, at any time.

‍Idaho Residents:  We will not seek to collect attorneys’ fees in situations where the principal balance is $1000.00 or less.

‍Illinois Residents: (a) No applicant may be denied a credit card on account of race, color, religion, national origin, ancestry, age, sex, marital status, physical or mental handicap unrelated to the ability to pay or unfavorable discharge from military service; (b) the applicant may request the reason for rejection of his or her application for a credit card; (c) no person need reapply for a credit card solely because of a change in marital status unless the change in marital status caused a deterioration in the person’s financial position; and (d) a person may hold a credit card in any name permitted by law that he or she regularly uses and is generally known by, so long as no fraud is intended thereby.

‍Maryland Residents: You have the right under Section 12-510 of the Commercial Law Code to receive an answer to a written inquiry concerning the status of your Account. Finance charges will be imposed in amounts or at rates not in excess of those permitted by law.

‍New Hampshire Residents: You shall be awarded reasonable attorney's fees if you prevail in any legal action you bring against us or we bring against you. If you successfully assert a partial defense, set-off or counterclaim against us in an action we bring against you, the court or arbitrator may withhold from us the entire amount or such portion of the attorney's fees as it considers equitable. You or your attorney may file a complaint with the New Hampshire Commissioner of Banking, State of New Hampshire Banking Department, 53 Regional Drive, Suite 200, Concord NH 03301. Instructions for filing complaints can be found on the Commissioner's website at www.nh.gov/banking/consumer-assistance/complaint.htm.

‍New Jersey Residents: Because certain provisions of the Agreement are subject to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable to New Jersey residents. The section headings in this Agreement serve as a Table of Contents and not contract terms.

‍New York Residents: New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees and grace periods by calling 1-800-342-3736, or on the web at www.dfs.ny.gov.

‍Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.

‍Washington Residents: In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's delay in posting such credit, or our failure to post such credit to your account within three working days of our receipt of the credit.

‍Married Wisconsin Residents: If you are married: (i) you confirm that this Account is being incurred in the interest of your marriage or family; (ii) no provision of any marital property agreement, unilateral statement, or court decree under the Wisconsin Marital Property Act will adversely affect a creditor's interest unless, before the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree; (iii) you understand and agree that we will provide a copy of this Agreement to your spouse for his or her information.  If the Account for which you are applying is granted, you will notify us if you have a spouse by sending your name and your spouse's name and address to us at WebBank, c/o Petal Card, Inc., MSC – 166931, P.O. Box 105168, Atlanta, GA 30348-5168.

Married Wisconsin Residents: If you are applying for individual credit or joint credit with someone other than your spouse, and your spouse also lives in Wisconsin, combine your financial information with your spouse's financial information.BILLING-ERROR RIGHTS NOTICE—EXHIBIT B

Petal Perks Program Rules Petal 1

Program Effective Date: October 1, 2019
‍Last Revised: April 28, 2022

Important information about the program and this agreement

The Petal Perks Program Rules (“Rules”) apply to the Petal 1 VISA® credit card (“Petal 1 Card” or “Card Account”) issued by WebBank, Member FDIC. This document describes how the Petal Perks Program (“Petal Perks” or the “Program”) works and is an agreement between you, the person to whom the Petal 1 Card was issued (“Accountholder” or “you”) and WebBank. You agree that your use of the Petal 1 Credit Card or any feature of this Program constitutes your acceptance of these Rules.

Program Overview As a Petal 1 Card Accountholder, you are automatically enrolled in the Petal Perks Program and will earn cash back points (“Cash Back Points”), which you can then redeem for a statement credit, ACH transfer, or a check. Cash Back Points can be earned by meeting the requirements of Qualifying Transactions (also referred to as “Petal Offers”) as described below.

Participation. The Program and its benefits are offered at our sole discretion and to fully participate you must be an Accountholder in Good Standing. Your Card Account is in “Good Standing” as long as you fully comply with these Program Rules, your Petal 1 Visa Credit Card Cardholder Agreement as may be amended from time to time(“Cardholder Agreement”), disclosures agreed to as part of opening your Petal 1 Card(including, as applicable, the Privacy Policies, Truth in Lending Disclosure, and Risk-Based Pricing Disclosure) and Arbitration Agreement (collectively, the “Program Agreements”). At any time your Card Account is not in Good Standing, we may in our sole discretion permit you to make transactions, temporarily suspend your ability to make transactions, or close your account. If your account is not in Good Standing and we permit you to make a transaction(s), you will continue to earn Cash Back Points; however, you will not be able to redeem any Available Cash Back Points until your CardAccount returns to Good Standing. If your account is not in Good Standing and we temporarily suspend your ability to make a transaction(s), you will not earn Cash BackPoints and you will not be able to redeem any Available Cash Back Points until your Card Account returns to Good Standing. If your Card Account is closed by us because it is not in Good Standing or for any other reason you will forfeit any unredeemed Available Cash Back Points. If your Card Account is closed by you for any reason, you will forfeit any unredeemed Available Cash Back Points.

‍Our failure or delay in enforcing any of your obligations, or exercising a right or remedy, does not amount to a waiver of that obligation, right or remedy. Additionally, if we waive a particular obligation in one circumstance, it does not prevent us from subsequently requiring compliance with the obligation on other occasions.

‍We reserve the right to remove any participant from the Program in the event of suspected fraud or abuse in connection with the Program Agreements.

When and how you earn Cash Back Points.

Petal Offers

‍You will automatically be enrolled in Petal Offers, which are merchant-specific deals delivered through your account (each, an “Offer”). You will earn Cash Back Points for Qualifying Transactions, which are defined as transactions that satisfy all requirements specified in the terms of the individual Offers (“Offer Terms”) and this Agreement. The amount of Cash Back Points earned on Qualifying Transactions as well as any additional terms and conditions of the Offer will be presented in the Offer Terms

Petal Offers providesyou with the benefit of receiving discounts with participating merchants on purchasesmade using your Petal 1 Card. We use a third-party card-linked offer provider,DOSH Holdings LLC (“DOSH”), as our service provider to help us operate Petal Offers. As acardholder enrolled in Petal Offers, you authorize us,DOSH, participating merchants and Visa U.S.A(“Visa”) to use and share transaction details related to your Petal 1 Card inconnection with providing you with discounts, credits and other servicesrelated to Petal Offers. Please review the DOSH Terms of Service and Privacy Policy. To see the current list of participating merchants and offers, please navigate to the Perks page of your Petal account online or in the app.

Discounts and credits through Petal Offers will not appear or be reflected on your transaction receipt from the merchant at the time of purchase, and will instead be applied to your Petal 1 Card Account as Cash Back Points.

‍Other Types of Rewards. Please note that your ability to earn rewards other than Petal Offers (such as Bonus Cash Back Points) based on spending may be based, in the case of Qualifying Transactions, on the charge after any statement credits have been applied. If the Qualifying Transactions is subject to finance charges, such charges may accrue on the total amount of the Qualifying Transactions prior to the application of any statement of credit, and the balance upon which such charges are assessed may include the gross amount of your Qualifying Transaction, from the date such transaction was made (i.e., without any savings from the Offer being applied). You will be responsible to pay amounts due as provided in the terms of your Petal 1 Visa  Credit Card Cardholder Agreement.

‍Foreign Currency Transactions. You can also benefit from Offers while traveling. When you make a Qualifying Transaction in a foreign currency, the amount of Cash Back Points earned will be determined using the exchange rate determined by the payment network (Visa).

Transactions not eligible for Petal Offers. Not all transactions with your registered Petal 1 Card are eligible for Petal Offers. You acknowledge that Visa may be unable to monitor every transaction made with a Petal 1 Card which has been enrolled in Petal Offers, including but not limited to payments made through other payment methods(such as a digital wallet or a third party payment app, where you may choose your Petal 1 Card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa payment system, and that these transactions are not eligible for Petal Offers.

When and how you can use your Cash Back Points. Cash Back Points earned during a billing period become available for redemption during the following billing period when they are added to your available Cash Back Points balance (“Available Cash Back Points”) or may be displayed as your “Cash Back Wallet.” We may round the amount of Cash Back Points earned from Qualifying Transactions up or down in a manner determined in our sole discretion. For any given billing period, the amount of Cash Back Points added to your balance is based on the net dollar amount of Qualifying Transactions made during the previous billing period. If the net dollar amount of your Qualifying Transactions  is negative for a billing period, Cash Back Points will be deducted from your Available Cash Back Points/Cash Back Wallet and may result in a negative Available Cash Back balance/Cash Back Wallet. Note that while Cash Back Points earned from Petal Offers during a billing period will typically become Available Cash Back/Cash Back Wallet Points during the following billing period, there may be delays

You can redeem your Cash Back Points through an account statement credit, ACH transfer or by having a check mailed to the address on file with your Card Account. Once you request to redeem your Cash Back Points, you cannot cancel or otherwise revoke the request. We reserve the right to reject any redemption request if we cannot verify your identity or account information and we reserve the right to stop payment on any check redemption request should your account no longer be in Good Standing.

Redemption for an account statement credit:

• Login to your online Card Account via Petal’s website or mobile application to request to redeem your Cash Back Points for a statement credit.

• While the statement credit will reduce your balance, you are still required to make at least your minimum payment each billing period.

• There is no minimum to the amount of Cash Back Points you are required to redeem in order to receive a statement credit.

• You may only redeem for a statement credit up to the amount of your current Petal Card balance. That is, a statement credit redemption cannot result in your Petal 1 Card having a credit balance (that is, a balance less than zero).

Redemption for a check:

• Contact Petal Support by calling the number on the back of your card to request to redeem your Cash Back Points for a check.

• For Cash Back Points to be redeemed for a check, you must request to redeem CashBack Points in an amount equal to $20 or more.

• You can redeem for a check up to the amount of your Available Cash Back Points, which can be viewed by logging-in to your account on Petal’s mobile or web application.

• Checks will only be mailed to the address on file with your Card Account and will only be mailed within the United States.

Redemption by ACH transfer:

• Contact Petal Support by calling the number on the back of your card to request to redeem your Cash Back Points as an ACH transfer.

• You can redeem as an ACH transfer for up to the amount of your Available Cash Back Points, which can be viewed by logging-in to your account on Petal’s mobile or web application.  However, for Cash Back Points to be redeemed as an ACH transfer, you must request to redeem CashBack Points in an amount equal to $20 or more.

• ACH transfers will only be made to a valid US bank account where you are listed as a primary or joint account holder and that has already been linked to your Petal account.

Cash Back Points accumulation limits. There is no annual or lifetime maximum on the amount of Cash Back Points you can earn.

Cash Back Points duration and other terms. Earned Cash Back Points will not expire as long as your Card Account is open and remains in Good Standing. But, if your Card Account is closed for any reason, your participation in the Program will be terminated and you will lose any Available Cash Back Points you have not redeemed. Earned Cash Back Points are non-transferable and cannot be redeemed by anyone other than the Account holder. Additionally, Cash Back Points have no cash value and are not your property, until successfully redeemed.

Other Important Information You Should Know

Cash Back Points Activity. Our processing platform serves as the final record of your Cash Back Points activity. This includes the amount of Cash Back Points you have available for redemption, the amount of Cash Back Points you’ve redeemed, and the percentage of Cash Back Points you will earn on Qualifying Transactions. In the event there is a discrepancy between your records and the processing platform, the information from the processing platform will be deemed correct.

Audits. We reserve the right to audit the Accountholder’s Card Account for compliance with these Program Rules. In the event the audit reveals discrepancies, the processing of Petal Perks may be delayed until such discrepancies are resolved.

Other Conditions. You acknowledge the Program is a promotional program as to which no consideration has been paid to you. Unless and until you redeem Cash Back Points in accordance with these Program Rules, no right, title, or interest in the Cash Back Points has been conveyed. The Program, including these terms and conditions, is subject to the Governing Law and Arbitration provisions of the Cardholder Agreement governing your Card Account. You consent and authorize us, our affiliates or any non-affiliated third parties with whom we contract to manage the Program to share information about you and the Program, as necessary, to effect, administer, enforce, service, or fulfill the terms of the Program. The Program is void where prohibited by federal, state, or local law. You are responsible for any tax liability, including disclosure requirements, related to your participation in the Program. Please consult your tax advisor if you have any questions about your personal tax situation.

Governing Law. The Rules are governed by federal law and, to the extent state law applies, the laws of the State of Utah without regard to its conflicts of law principles.

No Warranties

THE SERVICES AND ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PETAL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification

‍You shall defend, indemnify, and hold harmless us, our affiliates, payment card networks and payment processors, and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or any Content, violation of these Petal Perks Program Rules, or infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

‍IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS,PARTNERS, SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00.

Program Modifications. We may, from time to time, or at any time, add, modify, or delete any benefit, service, or feature of this Program. Changes to the Program may include, among other things, modifying Qualifying Transactions, the way Cash Back Points are earned, excluding transactions, lowering or otherwise changing Cash Back Points percentage rates or imposing additional restrictions or terminating portions of theProgram, with or without notice to you. In the event the complete Program is terminated you will be given a reasonable period of time from the date termination is announced to redeem your earned Cash Back Points. We will give you notice of any such changes by posting an updated copy of this agreement to Petal’s website. In some cases, notices may also be delivered to you electronically by email or through our online services, such as petalcard.com or the Petal Card Mobile App. These changes are effective upon the posting of the agreement, or other notice being sent, and will be considered part of this agreement. It is your responsibility to review the website or review any notice to stay aware of any changes. Please refer to the “Last Revised” date at the top of this page to see when these Program Rules were last revised.

WebBank and Petal Card, Inc. are responsible for the operation and administration of the Petal Perks Program.

Visa® and the Visa brand mark are registered trademarks of Visa Incorporated.

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Petal Offers Powered by Dosh Terms of Service

Last Updated: April 28, 2022

    WebBank, Member FDIC uses the DOSH Holdings LLC. (“DOSH,”“our,” “we”) cash-back platform to manage the Petal Offers Powered by Dosh® program(the “Program”). DOSH is a third party that is not affiliated with WebBank,Member FDIC or Petal Card, Inc. By participating in the Program, you can earn and redeem rewards based on qualifying transactions with participating merchants as specified in the Petal Perks Program Rules (the“Services”). These Petal Offers Powered by DoshTerms of Service (the “Terms”) govern your use of theDOSH platform.

1. YOUR ACCEPTANCE OF THESE PETAL OFFERS POWERED BY DOSH TERMS

By accessing or using the Services in any way or by clicking to agree to these Terms (or any agreement that has incorporated these Terms) when that option is made available to you, you agree to be bound by these Terms and the DOSH Privacy Policy which is incorporated by this reference into these Terms. If you do not agree to all the Terms, do not access or use the Services.

2. THE SERVICES

The purpose of the Services is to help you save money with minimal effort by rewarding you for certain qualifying transactions and other activities. The DOSH Privacy Policy governs DOSH’s collection, use, storage, and disclosure of user information. DOSH is in no way affiliated with the merchants that extend offers to you through the Program. Subject to these Terms, DOSH will automatically provide rewards to you when you make eligible purchase at participating merchants with your eligible Petal payment method. DOSH, in its sole discretion, establishes the terms and conditions for each qualifying transaction or action and determines whether you have satisfied such terms and conditions to receive the associated rewards. The following transaction types are never eligible to receive rewards:

● ATM transactions;

● In-store cash withdrawals or cash back; and

● Any transactions identified by a merchant as not being eligible to receive rewards.

All offers made available to you are temporary and may become unavailable without notice.

Without limiting any of the other terms of these Terms, if you return, charge back, cancel, dispute, or otherwise request a refund for a qualifying transaction for which you have already received rewards, we reserve the right to remove any rewards from the Petal/DOSH account linked to your eligible Petal payment method (your “Rewards Account”) or withhold future Petal Offers Powered by Dosh to offset any such amount.

Any rewards that you earn will be transferred to your Rewards Account. You are solely responsible for verifying the accuracy and completeness of any rewards transferred to your Rewards Account. All rewards received are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Services or for collecting, reporting, or remitting taxes arising from your access to or use of the Services, except for our own income taxes.

In addition to your other representations and warranties in these Terms, you represent and warrant that you will not access or use the Services to engage in any illegal, fraudulent, or other illicit activity.

3. OWNERSHIP AND PROPRIETARY RIGHTS IN THE SERVICES

You acknowledge and agree that the Services are protected by applicable copyright, patent, trademark, and other intellectual property laws. All words and logos displayed in connection with the Services that are marked by the ™ or ® symbols are trademarks and service marks of DOSH and/or their respective owners. The display of a third-party trademark in connection with the Services does not mean that we have any relationship with that third party or that such third party endorses theServices or DOSH.

4. MISCELLANEOUS

These Terms, including the DOSHPrivacy Policy, constitute the entire agreement between you and us regarding the Services. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not expressly made apart of these Terms. We may, without prior notice or liability to you, discontinue the Services or modify the Services by adding or removing features or functionalities, even though such changes may affect rewards awarded to you. We may also revise these Terms from time to time in our sole discretion, subject to applicable law. When we revise these Terms, we will update this document to reflect those changes. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for your continued access to and use of the Services. If you do not agree to these Terms or any revised version of these Terms, do not access or use the Services. Except as otherwise expressly stated by us, your access to and use of the Services are subject to the version of these Terms in effect at the time of your access or use.

These Terms and any rights hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. No agency, joint venture, partnership, trust, or employment relationship is created between you and us byway of these Terms.

Privacy Policy

Last Updated: April 28, 2022

DOSH Holdings LLC (the “Company,”“we,” “us,” and “our”) is committed to treating your personal information with respect and sensitivity. This privacy policy (this “Privacy Policy”) explains how we may collect, store, use, and disclose information when you access or use Petal Offers Powered by Dosh®. By participating in the Program, you can earn and redeem rewards based on qualifying transactions with participating merchants as specified in the Petal Perks Program Rules (the“Services”).

YOUR ACCEPTANCE OF THIS PRIVACY POLICY

By accessing or using the Services, you consent to our collection, storage, use, and disclosure of your information as described in this Privacy Policy. The provisions contained in this PrivacyPolicy supersede all prior notices and statements regarding our privacy practices with respect to the Services. If you do not agree to every provision of this Privacy Policy, you may not access or use the Services.

PROTECTING CHILDREN’S PRIVACY

The Services are not directed, or intended to be attractive, to children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, do not use the Services or submit any information to us. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information.

TYPES OF INFORMATION WE COLLECT AND HOW WE COLLECT IT

When you access or use the Services, we may collect information that identifies you (“Personal Information”), and we may also collect information that does not identify you (“AnonymousInformation”). When Anonymous Information is, directly or indirectly, associated or combined with Personal Information, such Anonymous Information will be considered Personal Information for purposes of this Privacy Policy. In addition, to the extent Internet Protocol (“IP”) addresses or similar identifiers or information is considered personally identifiable information by applicable law, we will treat such identifiers and information as Personal Information under this Privacy Policy.

HOW WE USE & SHARE INFORMATION

Notwithstanding anything to the contrary in this Privacy Policy or the Petal Offers Powered by Dosh Terms, we will use personal information, payment method and transaction information solely as follows:

●     to confirm a qualifying purchase for the purpose of matching transactions to confirm whether you qualify for an offer or statement credit;

●     to create a record of the transaction information and thereafter maintain and use data in connection with the Services;

●     to conduct analysis for the improvement and optimization of the Services to improve the user experience by using IP addresses to determine user location to inform participating merchants where a transaction occurred as needed for the merchant to confirm a specific transaction occurred or points rewards should be awarded;

●     to provide participating merchants aggregated and anonymized information relating specifically to payment method activity solely to allow participating merchants to assess the results of their campaign;

●     to provide information in order to respond to a request from a government authority or a payment organization involved in a transaction with you or a merchant; and

●     to enable the sharing, exchange and use of transaction information described above and herein by and among us, the payment networks, applicable third-party service providers and applicable merchants.

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Petal Perks Program Rules Petal 2

Program Effective Date: May 1, 2019
‍Last Revised: April 28, 2022

Important information about the program and this agreement The Petal Perks Program Rules (“Rules”) apply to the Petal 2 VISA® credit card (“Petal 2 Card” or “Card Account”) issued by WebBank, Member FDIC. This document describes how the Petal Perks Program (“Petal Perks” or the “Program”) works and is an agreement between you, the person to whom the Petal 2 Card was issued (“Accountholder” or “you”) and WebBank. You agree that your use of the Petal 2 Card or any feature of this Program constitutes your acceptance of these Rules.

Program Overview As a Petal 2 Card Accountholder, you are automatically enrolled in the Petal Perks Program and will earn cash back points (“Cash Back Points”), which you can then redeem for a statement credit, ACH transfer, or a check. Cash Back Points can be earned by meeting the requirements of “Petal Rewards" and “Petal Offers” as described below.

Participation. The Program and its benefits are offered at our sole discretion and to fully participate you must be an Accountholder in Good Standing. Your Card Account is in “Good Standing” as long as you fully comply with these Program Rules, your PetalVisa Credit Card Cardholder Agreement as may be amended from time to time(“Cardholder Agreement”), disclosures agreed to as part of opening your Petal card(including, as applicable, the Privacy Policies, Truth in Lending Disclosure, and Risk-Based Pricing Disclosure) and Arbitration Agreement (collectively, the “ProgramAgreements”). At any time your Card Account is not in Good Standing, we may in our sole discretion permit you to make transactions, temporarily suspend your ability to make transactions, or close your account. If your account is not in Good Standing and we permit you to make a transaction(s), you will continue to earn Cash Back Points; however, you will not be able to redeem any available Cash Back Points until your Card Account returns to Good Standing. If your account is not in Good Standing and we temporarily suspend your ability to make a transaction(s), you will not earn Cash Back Points and you will not be able to redeem any available Cash Back Points until your Card Account returns to Good Standing. If your Card Account is closed by us because it is not in Good Standing or for any other reason you will forfeit any unredeemed available Cash Back Points. If your Card Account is closed by you for any reason, you will forfeit any unredeemed available Cash Back Points.

‍Our failure or delay in enforcing any of your obligations, or exercising a right or remedy, does not amount to a waiver of that obligation, right or remedy. Additionally, if we waive a particular obligation in one circumstance, it does not prevent us from subsequently requiring compliance with the obligation on other occasions.

‍We reserve the right to remove any participant from the Program in the event of suspected fraud or abuse in connection with the Program Agreements.

When and how you earn Cash Back Points.

1. Petal Rewards

‍Through Petal Rewards, you will earn Cash Back Points on Eligible Purchases, which are defined as purchases, less credits for disputed charges, returns, transaction rebates, and other negative balance adjustments, made by you for your personal, family or household use, using your Petal 2 Card during the life of the Program.

The percentage of Cash Back Points earned is determined by the number of on-time payments made during the life of your Card Account and the dollar amount of Eligible Purchases made using your Petal 2 Card. Regardless of redemption method or the percentage earned, you may simply see “cash back,” “Available cash back balance,”“Petal Perks,” “rewards,” “Cash Back Wallet” or something similar in marketing and product materials when referring to the Cash Back Points you earned, may be eligible to earn, or which you may redeem. Details of the Program are described below. Petal Perks is provided by WebBank and is serviced by Petal Card, Inc. (collectively, “we,”“us,” or “our”).

Your Account will be given a Cash Back Points status of 1%, 1.25%, or 1.5% on Eligible Purchases (except for variations caused by rounding) in accordance with the following rules:

• Upon card activation, earn 1% Cash Back Points on Eligible Purchases;

• After six (6) on-time payments, earn 1.25% Cash Back Points on Eligible Purchases; and

• After twelve (12) on-time payments, earn 1.5% Cash Back Points on Eligible Purchases.

For the purpose of counting on-time payments, a payment is on-time when you have a statement balance greater than zero, and make at least the minimum payment listed on your periodic statement by the due date reflected on that statement and we are able to successfully process that payment. If you have made at least one purchase during the billing period and your balance for that billing period is equal to or less than zero, you will also receive credit for making an on-time payment. While you are able to make multiple payments per billing period, for the purpose of Petal Perks, you may accumulate only one on-time payment per billing period. If your Account is closed for any reason and you subsequently get a new Account, then on-time payments from your previous Account will not count towards the accumulation of on-time payments for your new Account.

Cash Back Points will be allocated based on the status tiers above. There is no minimum amount of Eligible Purchases required before earning Cash Back Points and no maximum limit on the amount of Cash Back Points you can earn over the life of your Card Account.

‍Bonus Cash Back Points. From time to time, bonus cash back points (“Bonus CashBack Points”) may be available on certain Eligible Purchases and may take the form of a higher percentage of Cash Back Points than the standard Cash Back Points status tiers or some other form of reward. Bonus Cash Back Points will be subject to theProgram Agreements as well as any other applicable terms and conditions associated with the Bonus Cash Back Points offer and may also be contingent upon your agreement with terms and conditions required by Third Party Service Providers. Bonus Cash Back Points may accrue and be available for redemption in the same manner as Cash Back Points. Petal will notify you of Bonus Cash Back Points opportunities if, and when, they are available.

2. Petal Offers

‍You will automatically be enrolled in Petal Offers, which are merchant-specific deals delivered through your account (each, an “Offer” or "eligible purchase"). You will earn Cash Back Points for purchase transactions that satisfy all the requirements specified in the terms of the individual Petal Offer (“Offer Terms”) and this Agreement. The amount of Cash Back Points you can earn as well as any additional terms and conditions of the Offer will be presented in the Offer Terms.

PetalOffers provides you with the benefit of receiving discounts with participating merchants on purchases made using your Petal 2 Card. We use a third-party card-linked offer provider, DOSH Holdings LLC (“DOSH”), as our service provider to help us operate Petal Offers. As a cardholder enrolled in Petal Offers, you authorize us, DOSH, participating merchants and Visa U.S.A (“Visa”) to use and share transaction details related to your Petal 2 Card in connection with providing you with discounts, credits and other services related to Petal Offers. Please review the DOSH Terms of Service and Privacy Policy. To see the current list of participating merchants and offers, please navigate to the Perks page of your Petal account online or in the app.

Discounts and credits through Petal Offers will not appear or be reflected on your transaction receipt from the merchant at the time of purchase, and will instead be applied to your Petal 2 Card Account as Cash Back Points.

‍Other Types of Rewards. Please note that your ability to earn rewards other than Petal Rewards or Petal Offers (such as Bonus Cash Back Points) based on spending may be based, in the case of eligible purchase transactions, on the charge after any statement credits have been applied. If an eligible transaction is subject to finance charges, such charges may accrue on the total amount of the eligible purchase transaction(s) prior to the application of any statement of credit, and the balance upon which such charges are assessed may include the gross amount of the eligible purchase transaction(s), from the date such transaction was made (i.e., without any savings from Petal Rewards or the Offer being applied). You will be responsible to pay amounts due as provided in the terms of your Petal 2 Credit Card Cardholder Agreement.

‍Foreign Currency Transactions. You can also benefit from Offers while traveling. When you make an eligible purchase transaction in a foreign currency, the amount of Cash Back Points earned will be determined using the exchange rate determined by the payment network (Visa).

Transactions not eligible for Cash Back Points. Purchases for business or commercial use or any purchases prohibited by the Program Agreements are not eligible for Cash Back Points. Other purchases, including the following transactions, not eligible for CashBack Points include, but are not limited to:

• balance transfers, direct or indirect• cash advances, if applicable

• traveler’s checks, foreign currency, money orders, wire transfers or similar cash-like transactions

• lottery tickets, casino gaming chips, race track wages, or similar betting transactions

• purchases that are returned or otherwise credited to your Card Account

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• interest and fees, if applicable• unauthorized or fraudulent charges• finance charges

• purchases of gift cards or pre-paid cards

• purchases of cash equivalents• person-to-person payments

Any Cash Back Points earned from ineligible purchases are subject to forfeiture and we reserve the right not to award Cash Back Points if, in our discretion, you abuse or attempt to abuse the Program Rules in any way.

Transactions not eligible for Petal Offers. Not all transactions with your registered Petal 2 Card are eligible for Petal Offers. You acknowledge that Visa may be unable to monitor every transaction made with a Petal 2 Card which has been enrolled in Petal Offers, including but not limited to payments made through other payment methods(such as a digital wallet or a third party payment application, where you may choose your Petal 2 Card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa payment system, and that these transactions are not eligible for Petal Offers.

When and how you can use your Cash Back Points. Cash Back Points earned during a billing period become available for redemption during the following billing period when they are added to your available Cash Back Points balance (“Available Cash Back Points”) or may be displayed as your “Cash Back Wallet.” We may round the amount of Cash Back Points earned from eligible purchase up or down in a manner determined in our sole discretion. For any given billing period, the amount of Cash BackPoints added to your balance is based on the net dollar amount of eligible purchases made during the previous billing period. If the net dollar amount of your eligible purchases is negative for a billing period, Cash Back Points will be deducted from your Available Cash Back Points/Cash Back Wallet and may result in a negative Available Cash Back balance/Cash Back Wallet. Note that while Cash Back Points earned fromPetal Offers during a billing period will typically become Available Cash Back/Cash Back Wallet Points during the following billing period, there may be delays.

You can redeem your Cash Back Points through an account statement credit, ACH transfer or by having a check mailed to the address on file with your Card Account. Once you request to redeem your Cash Back Points, you cannot cancel or otherwise revoke the request.We reserve the right to reject any redemption request if we cannot verify your identity or account information and we reserve the right to stop payment on any check redemption request should your account no longer be in Good Standing.

Redemption for an account statement credit:

‍• Login to your online Card Account via Petal’s website or mobile application to request to redeem your Cash Back Points for a statement credit.

• While the statement credit will reduce your balance, you are still required to make at least your minimum payment each billing period.

• There is no minimum to the amount of Cash Back Points you are required to redeem in order to receive a statement credit.

• You may only redeem for a statement credit up to the amount of your current Petal 2 Card balance. That is, a statement credit redemption cannot result in your Petal 2 Card having a credit balance (that is, a balance less than zero).

Redemption for a check:

• Contact Petal Support by calling the number on the back of your card to request to redeem your Cash Back Points for a check.

• For Cash Back Points to be redeemed for a check, you must request to redeem CashBack Points in an amount equal to $20.00 or more.

• You can redeem for a check up to the amount of your Available Cash Back Points, which can be viewed by logging-in to your account on Petal’s mobile or web application.

• Checks will only be mailed to the address on file with your Card Account and will only be mailed within the United States, excluding U.S. territories.

Redemption for ACH transfer:

• Contact Petal Support by calling the number on the back of your card to request to redeem your Cash Back Points as an ACH transfer.

• You can redeem as an ACH transfer for up to the amount of your Available Cash Back Points, which can be viewed by logging-in to your account on Petal’s mobile or web application.  However, for Cash Back Points to be redeemed as an ACH transfer, you must request to redeem CashBack Points in an amount equal to $20.00 or more.

• ACH transfers will only be made to a valid US bank account where you are listed as a primary or joint account holder and that has already been linked to your Petal account.

Cash Back Points accumulation limits. There is no annual or lifetime maximum on the amount of Cash Back Points you can earn.

Cash Back Points duration and other terms. Earned Cash Back Points will not expire as long as your Card Account is open and remains in Good Standing. But, if your Card Account is closed for any reason, your participation in the Program will be terminated and you will lose any Available Cash Back Points you have not redeemed. Earned Cash Back Points are non-transferable and cannot be redeemed by anyone other than the Account holder. Additionally, Cash Back Points have no cash value and are not your property, until successfully redeemed. If you return, chargeback, cancel, dispute, or otherwise request a refund for a qualifying transaction for which you have already received Cash Back Points, we reserve the right to remove any related Cash Back Points from your Cash Back balance (which may result in a negative balance) or withhold future Cash BackPoints to cover any such amount.

Other Important Information You Should Know

Cash Back Points Activity. Our processing platform serves as the final record of your Cash Back Points activity. This includes the amount of Cash Back Points you have available for redemption, the amount of Cash Back Points you’ve redeemed, and the percentage of Cash Back Points you will earn on qualifying transactions. In the event there is a discrepancy between your records and the processing platform, the information from the processing platform will be deemed correct.

Audits. We reserve the right to audit the Accountholder’s Card Account for compliance with these Program Rules. In the event the audit reveals discrepancies, the processing of Petal Perks may be delayed until such discrepancies are resolved.

Other Conditions. You acknowledge the Program is a promotional program as to which no consideration has been paid to you. Unless and until you redeem Cash Back Points in accordance with these Program Rules, no right, title, or interest in the Cash Back Points has been conveyed. The Program, including these terms and conditions, is subject to the Governing Law and Arbitration provisions of the Cardholder Agreement governing your Card Account. You consent and authorize us, our affiliates or any non-affiliated third parties with whom we contract to manage the Program to share information about you and the Program, as necessary, to effect, administer, enforce, service, or fulfill the terms of the Program. The Program is void where prohibited by federal, state, or local law. You are responsible for any tax liability, including disclosure requirements, related to your participation in the Program. Please consult your tax advisor if you have any questions about your personal tax situation.

Governing Law. The Rules are governed by federal law and, to the extent state law applies, the laws of the State of Utah without regard to its conflicts of law principles.

No Warranties

‍THE SERVICES AND ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE".THE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PETAL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY,ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification

‍You shall defend, indemnify, and hold harmless us, our affiliates, payment card networks and payment processors, and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or any Content, violation of these Petal Perks Program Rules, or infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

‍IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS,PARTNERS, SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER(HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00.

Program Modifications. We may, from time to time, or at any time, add, modify, or delete any benefit, service, or feature of this Program. Changes to the Program may include, among other things, modifying Eligible Purchases, the way Cash Back Points are earned, excluding transactions, lowering or otherwise changing Cash Back Points percentage rates or imposing additional restrictions or terminating portions of the Program, with or without notice to you. In the event the complete Program is terminated you will be given a reasonable period of time from the date termination is announced to redeem your earned Cash Back Points. We will give you notice of any such changes by posting an updated copy of this agreement to Petal’s website. In some cases, notices may also be delivered to you electronically by email or through our online services, such as petalcard.com or the Petal Card mobile application. These changes are effective upon the posting of the agreement, or other notice being sent, and will be considered part of this agreement. It is your responsibility to review the website or review any notice to stay aware of any changes. Please refer to the “Last Revised” date at the top of this page to see when theseProgram Rules were last revised.

WebBank and Petal Card, Inc. are responsible for the operation and administration of the Petal Perks Program.

Visa® and the Visa brand mark are registered trademarks of Visa Incorporated.

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Petal Offers Powered by Dosh Terms of Service

Last Updated: April 11, 2022

    WebBank, Member FDIC uses the DOSH Holdings LLC. (“DOSH,”“our,” “we”) cash-back platform to manage the Petal Offers Powered by Dosh® program(the “Program”). DOSH is a third party that is not affiliated with WebBank,Member FDIC or Petal Card, Inc. By participating in the Program, you can earn and redeem rewards based on qualifying transactions with participating merchants as specified in the Petal Perks Program Rules (the“Services”). These Petal Offers Powered by DoshTerms of Service (the “Terms”) govern your use of theDOSH platform.

1. YOUR ACCEPTANCE OF THESE PETAL OFFERS POWERED BY DOSH TERMS

By accessing or using the Services in any way or by clicking to agree to these Terms (or any agreement that has incorporated these Terms) when that option is made available to you, you agree to be bound by these Terms and the DOSH Privacy Policy which is incorporated by this reference into these Terms. If you do not agree to all the Terms, do not access or use the Services.

2. THE SERVICES

The purpose of the Services is to help you save money with minimal effort by rewarding you for certain qualifying transactions and other activities. The DOSH Privacy Policy governs DOSH’s collection, use, storage, and disclosure of user information. DOSH is in no way affiliated with the merchants that extend offers to you through the Program. Subject to these Terms, DOSH will automatically provide rewards to you when you make eligible purchase at participating merchants with your eligible Petal payment method. DOSH, in its sole discretion, establishes the terms and conditions for each qualifying transaction or action and determines whether you have satisfied such terms and conditions to receive the associated rewards. The following transaction types are never eligible to receive rewards:

‍

● ATM transactions;

● In-store cash withdrawals or cash back; and

● Any transactions identified by a merchant as not being eligible to receive rewards.

All offers made available to you are temporary and may become unavailable without notice. Without limiting any of the other terms of these Terms, if you return, charge back, cancel, dispute, or otherwise request a refund for a qualifying transaction for which you have already received rewards, we reserve the right to remove any rewards from the Petal/DOSH account linked to your eligible Petal payment method (your “Rewards Account”) or withhold future Petal Offers Powered by Dosh to offset any such amount.

Any rewards that you earn will be transferred to your Rewards Account. You are solely responsible for verifying the accuracy and completeness of any rewards transferred to your Rewards Account. All rewards received are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Services or for collecting, reporting, or remitting taxes arising from your access to or use of the Services, except for our own income taxes.

In addition to your other representations and warranties in these Terms, you represent and warrant that you will not access or use the Services to engage in any illegal, fraudulent, or other illicit activity.

3. OWNERSHIP AND PROPRIETARY RIGHTS IN THE SERVICES

You acknowledge and agree that the Services are protected by applicable copyright, patent, trademark, and other intellectual property laws. All words and logos displayed in connection with the Services that are marked by the ™ or ® symbols are trademarks and service marks of DOSH and/or their respective owners. The display of a third-party trademark in connection with the Services does not mean that we have any relationship with that third party or that such third party endorses the Services or DOSH.

4. MISCELLANEOUS

These Terms, including the DOSH Privacy Policy, constitute the entire agreement between you and us regarding the Services. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not expressly made apart of these Terms. We may, without prior notice or liability to you, discontinue the Services or modify the Services by adding or removing features or functionalities, even though such changes may affect rewards awarded to you.We may also revise these Terms from time to time in our sole discretion, subject to applicable law. When we revise these Terms, we will update this document to reflect those changes. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for your continued access to and use of the Services. If you do not agree to these Terms or any revised version of these Terms, do not access or use the Services. Except as otherwise expressly stated by us, your access to and use of the Services are subject to the version of these Terms in effect at the time of your access or use.

These Terms and any rights hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. No agency, joint venture, partnership, trust, or employment relationship is created between you and us byway of these Terms.

Privacy Policy

Last Updated: April 11, 2022

DOSH Holdings LLC (the “Company,”“we,” “us,” and “our”) is committed to treating your personal information with respect and sensitivity. This privacy policy (this “Privacy Policy”) explains how we may collect, store, use, and disclose information when you access or use Petal Offers Powered by Dosh®. By participating in the Program, you can earn and redeem rewards based on qualifying transactions with participating merchants as specified in the Petal Perks Program Rules (the“Services”).

YOUR ACCEPTANCE OF THIS PRIVACY POLICY

By accessing or using the Services, you consent to our collection, storage, use, and disclosure of your information as described in this Privacy Policy. The provisions contained in this PrivacyPolicy supersede all prior notices and statements regarding our privacy practices with respect to the Services. If you do not agree to every provision of this Privacy Policy, you may not access or use the Services.

PROTECTING CHILDREN’S PRIVACY

The Services are not directed, or intended to be attractive, to children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, do not use the Services or submit any information to us. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information.

TYPES OF INFORMATION WE COLLECT AND HOW WE COLLECT IT

When you access or use the Services, we may collect information that identifies you (“Personal Information”), and we may also collect information that does not identify you (“AnonymousInformation”). When Anonymous Information is, directly or indirectly, associated or combined with Personal Information, such Anonymous Information will be considered Personal Information for purposes of this Privacy Policy. In addition, to the extent Internet Protocol (“IP”) addresses or similar identifiers or information is considered personally identifiable information by applicable law, we will treat such identifiers and information as Personal Information under this Privacy Policy.

HOW WE USE & SHARE INFORMATION

Notwithstanding anything to the contrary in this Privacy Policy or the Petal Offers Powered by Dosh Terms, we will use personal information, payment method and transaction information solely as follows:

●     to confirm a qualifying purchase for the purpose of matching transactions to confirm whether you qualify for an offer or statement credit;

●     to create a record of the transaction information and thereafter maintain and use data in connection with the Services;

●     to conduct analysis for the improvement and optimization of the Services to improve the user experience by using IP addresses to determine user location to inform participating merchants where a transaction occurred as needed for the merchant to confirm a specific transaction occurred or points rewards should be awarded;

●     to provide participating merchants aggregated and anonymized information relating specifically to payment method activity solely to allow participating merchants to assess the results of their campaign;

●     to provide information in order to respond to a request from a government authority or a payment organization involved in a transaction with you or a merchant; and

●     to enable the sharing, exchange and use of transaction information described above and herein by and among us, the payment networks, applicable third-party service providers and applicable merchants.

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Credit Report Authorization

Last Updated: February 16, 2022

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You authorize us to obtain consumer credit reports that we will use when considering your application for credit. If you become a Petal Visa credit card cardholder, you also authorize us to obtain consumer credit reports from time to time and any other information about you in connection with any legal or commercial purpose, including:

• extensions of credit on your account;

• any draw, update or renewal of your account;

• the administration, review or collection of your account; and

• offering you other current or future products and services we think might be of interest to you.

You acknowledge that each time we request your credit information for the purposes described herein that your credit score may be impacted. You are allowed to receive one free consumer report under the Fair Credit Reporting Act from each of the three U.S. national credit reporting agencies (Experian, Equifax, and TransUnion) during any 12-month period. You may also be able to receive free consumer reports as permitted by state law. For information on obtaining a free consumer report from Experian, Equifax or TransUnion, you may contact them directly at www.experian.com, www.equifax.com, and www.transunion.com.

In this Consent Statement, the following terms have the following meanings: “we,” “us,” and “our” refer to: (1) WebBank, the creditor of Petal Visa credit cards, (2) Petal Card, Inc., the servicer of Petal Visa credit cards, and (3) their service providers.

Autodialer Authorization

Last Revised: October 1, 2020

Autodialer Authorization
When you give us your mobile phone number, you are giving us permission to contact you at that number for any lawful purpose in connection with this application and your Petal Visa credit card account.

In this authorization, “we,” “us,” and “our” refer to: (1) WebBank, the issuer of Petal Visa credit cards, (2) Petal Card, Inc., the servicer of Petal Visa credit cards, and (3) their service providers.

• Your consent allows us to use text messaging, artificial or prerecorded voice messages and automatic dialing technology, or any system capable of storing and dialing telephone numbers to contact you about informational, servicing, collections, or other activities relating to your account, but not for telemarketing or sales calls.

‍• Message and data rates may apply.

You may contact us at any time to change these preferences.

Electronic Communications Consent

Last Updated: February 16, 2022

YOUR CONSENT TO ELECTRONIC DELIVERY
("Consent Statement")

You are applying for a Petal Visa credit card. If you consent to this Consent Statement for this Program, it applies even if you do not obtain (or are not offered) a Petal Visa Credit Card.

You have the right to receive legal disclosures, notices, and communications (together, the "Covered Items") in paper form by mail. We may instead provide these Covered Items to you electronically if you: give us your Consent to do so and satisfy the System Requirements below. For purposes of this Consent Statement, the Covered Items include all servicing and collection communications on your account, as well as all legal disclosures, notices and communications that Petal Card is required to provide in writing regarding the account.

In this Consent Statement, “we,” “us,” and “our” refer to: (1) WebBank, the creditor of Petal Visa credit cards, (2) Petal Card, Inc., the servicer of Petal Visa credit cards, and (3) their service providers.

Duration of Consent
Your Consent will remain effective until: (1) you or we have terminated the Program or your Card; (2) you opt-out of electronic communications. If you terminate your Card, your Consent will still continue with respect to the pre-termination rights of Petal (including rights created by your Consent to this Consent Statement). See your cardholder agreement for information on how to terminate your Card.

Methods of Providing Covered Items
In this document, "provide" means to deliver, make available, send, notify or similar term. We may provide the Covered Items electronically through files, including those in PDF format, downloaded from our website. It is your responsibility to review the Covered Items promptly, so you can take appropriate action.

Access to Paper Copies
You may make copies of the Covered Items by using the "print" or "save" functionality of the application in which you are viewing the Covered Items (e.g. Web browser, Adobe® Reader® software). We retain copies of the Covered Items for the time periods required by law and will provide you with copies upon request within those time periods. We do not necessarily retain copies for longer than is required by law. Save or print copies of Covered Items to ensure you have them when needed

You may request a paper copy at no cost of any Covered Item by calling us at 1-855-697-3825, writing to us at Petal Card Inc., MSC – 166931, P.O Box 105168, Atlanta, GA 30348-5168, Attn: Paper Copy Request, or emailing us at support@petalcard.com.

Our Right to Send Paper
We reserve the right to provide the Covered Items in paper form at all times at our discretion even if you have given us Consent to provide it electronically. For example, but without limitation, we may do this if we have a system outage or if we suspect fraud.

Hardware and Software RequirementsTo access and retain the Covered Items, you must have a computing or communications device with:

• working Internet access

• a Web browser that supports 128-bit encryption (we support the latest version of Chrome®, Firefox®, Microsoft Edge®, or Safari®)

• 16 MB of available memory (32 MB of RAM recommended) and

• a program that can view, save and print PDF files (such as Adobe® Reader® 4.0 or higher).

You can download Adobe® Reader® by clicking here (clicking will open another browser window and take you to Adobe's website). By providing us your Consent, you confirm you meet all of the above System Requirements.

Withdrawing Consent
You are free to withdraw Your Consent at any time and at no charge to you. If you do withdraw Your Consent prior to the approval of your application, this will prevent you from receiving credit from us over the Internet. If at any time you wish to withdraw Your Consent, you may do this by opening your account settings and changing your communication preferences or emailing us at support@petalcard.com. If you decide to withdraw Your Consent, the legal effectiveness, validity and/or enforceability of any prior electronic Disclosures will not be affected.

Updating Your Contact Information
You must promptly inform us of any change in your email address by opening your account settings and changing your communication preferences or emailing us at support@petalcard.com.

Acknowledging Ability to Access and Consenting to Electronic Communications.
By confirming that you have read and agreed to these terms, you are confirming that (1) you have access to a computer system that meets the requirements set forth above; (2) you agree to receive Covered Items electronically; and (3) you are able to access and print or store information presented to you

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AUTOPAY TERMS & CONDITIONS
Last Modified: March 1, 2023

By enrolling in the Petal AutoPay Program (the "Program"), you authorize Petal, as a servicer for WebBank, Member FDIC (“WebBank”) and any successive servicer (together “we” or “us”), to debit the bank account you designate (the "AutoPay Bank Account") each billing period to pay automatically the amount you have selected.

We will advise you by an in-app and email message of the amount and date of the payment that will be automatically debited. To receive confirmation of the debit transfer taking place, you may log into the Petal mobile application or website, or call your bank, or call Petal Customer Service at the number on the back of your Petal credit card.

1. Definitions:

A. Current Balance: The total amount of money you currently owe on your credit card, including your previous statement balance, any interest, past due amounts, fees (if applicable) and new charges made thereafter. Current Balance does not include any pending purchases at the time your AutoPay payment is withdrawn.

B. Statement Balance: The New Balance indicated on your most recent statement. Statement Balance does not include Charges This Month, payments, credits or disputes that have occurred between the statement issuance date and the AutoPay Date.

C. Minimum Payment Due: The payment amount required to keep your account in good standing, which will be indicated on your monthly statement. This amount will vary according to your balance each month and may be less than indicated on your statement as the result of adjustments or merchant credits.

D. Custom Amount: If you select the "Custom Amount" automatic payment option, your payment account will be debited for the dollar amount that you specified, except as provided herein. If the Custom Amount you have chosen is greater than the Current Balance on your Petal credit card account, then your account will be debited for no greater than the Current Balance on your account. However, you may have the option to turn-on/off a setting that allows your Custom Amount to be at least always equal to the amount of your Minimum Payment Due. You understand that each such debit will occur on the date specified in your payment notice and will occur no earlier than the payment schedule option you have selected.

E. AutoPay Bank Account: This is the bank account you have connected to your Petal account during enrollment into AutoPay.

F. AutoPay Date: This is the date you selected for us to begin processing your AutoPay Payment or shortly thereafter, and the same calendar day of each subsequent month (or the last day of the month if you selected the 29th, 30th, or 31st of any month without that many days) or shortly thereafter.

You agree that unless you notify us to stop or adjust the amount of the debit, in accordance with the procedures set forth in paragraph 4 below, you authorize the debit of funds from the AutoPay Bank Account in the amount specified in the automatic payment option you have selected on the AutoPay Date. You will ensure that there are sufficient funds in the AutoPay Bank Account on the specified debit date to pay the amount of the debit. For any automatic payment option you have selected, we are authorized to reduce the amount of the debit previously disclosed to you on your payment notice by the amount of any payments, credits applied (excluding purchase credits), or financial charges adjustments to your Petal credit card account prior to the scheduled debit date. You understand that if your Petal credit card account is cancelled and there is an outstanding balance on the credit card account, you authorize us to continue to automatically debit your AutoPay Bank Account unless you terminate participation in the Program in accordance with the procedures set forth in paragraph 6 below. If you close your AutoPay Bank Account, you agree to notify us beforehand to enable us to stop initiating debit transactions.

2. Additional Payments. If you would like to make payment in addition to the automated payment amount you have selected, you may do so by scheduling a one-time payment in-app, on the website, by phone or another means such as mailing in a check. Note, any additional payments made outside of your scheduled AutoPay payment amount will reduce the balance you owe toward your Minimum Payment Due, Statement Balance or Current Balance amounts. If you have scheduled your AutoPay to withdraw a Custom Amount, your withdrawal amount would only be modified if withdrawal of the original Custom Amount would result in a credit balance (e.g. -$100.00) to your Petal credit card account. Such modification to your Custom Amount in this instance, would result in a withdrawal that is no greater than your Current Balance amount.

3. Varying Amounts: You have the right to receive advance notice if any payment we seek will vary from the amount you authorize in your AutoPay settings or the previous debit. You authorize us to vary the amount of any payment so long as such payment is less than the pre-authorized amount for your Current Balance or, if you have selected the Current Balance AutoPay option, no greater than 110% of your maximum credit limit. We will send you a reminder at least ten (10) calendar days prior to initiating any debit by sending you an email that contains the details of your amount of your scheduled payment and the AutoPay Date. If your AutoPay Date falls on a Saturday, Sunday, legal holiday or other day that we are not open for business, we will process your payment on the next available business day. However, the payment will be credited to your account as if it had been processed and posted on the AutoPay Date. All payments are subject to further verification and payment as well as the terms and conditions for your credit card and deposit accounts.

4.Stop Payment Orders/Adjustments: You may cancel your upcoming payment by turning off your AutoPay feature within the Petal Website and/or Mobile Application by no later than 8pm ET one (1) calendar day prior to your scheduled AutoPay Date. Also, you may edit your AutoPay settings on any date prior to your AutoPay Date, however, any changes you make after 8pm ET one (1) calendar day prior to your scheduled AutoPay Date will occur after your payment processes and will be effective for the following month’s AutoPay Date.

You must update your Petal account: (a) if any information changes regarding your bank account, (b) if you wish to change the account or financial institution from which your payment is debited, or (c) if you wish to stop a payment or discontinue your participation in AutoPay.

5. Returned Payments: If your AutoPay Bank Account rejects your payment because of insufficient (NSF) or uncollected funds, you authorize Petal to reinitiate the payment up to as many times as is permitted by applicable ACH network rules and applicable law, without further notice to you. However, you agree that we are under no obligation to reinitiate any rejected debits. At our discretion, we may attempt to process the charge again within 14 days. If funds are not fully available at any time during your participation in the Program, or your account is otherwise not in good standing, we reserve the right to terminate your participation therein. If your account is unenrolled for any reason, you will receive an email alert notifying you that your account has been unenrolled. You may incur and be responsible for returned payment fee(s), if applicable to your Petal credit card account type, as well as any such fees charged by your bank.

6. Termination of Participation in the Program: You may turn off or edit the AutoPay settings at any time by going to the ‘Settings’ page on your online account and changing your payment preferences. This is the exclusive means by which you may revoke this authorization.

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Petal One-Time Online Payment Terms and Conditions

Last Modified: September 16, 2020

CONSENT TO ELECTRONIC WITHDRAWAL

You authorize Petal, as the servicer for your Petal credit card, and any successive servicer (together “we” or “us”) to initiate an automated clearing house (ACH) debit in your name from the financial account you specified and in the U.S. Dollar amount you requested through the Petal application of Petal’s website, on or soon after the payment date you specified. If the debit amount you request exceeds the outstanding balance on your Petal credit card account (“Account”), we may reduce that debit amount to equal the outstanding balance. Payments initiated after 7:59 PM ET will be credited to your account the following day.

In the event we make an error in processing an electronic debit, you authorize us to correct the error by initiating an electronic credit or debit to the Account in the amount of such error on or after the date such error occurs. If you make a typographical or similar error in providing us with information about your Account, you authorize us to correct the error upon receiving corrected information from you or your financial institution. In the event the electronic debit is rejected, you authorize us to reinitiate it up to as many times as is permitted by network rules, without further notice to you. However, you agree that we are under no obligation to reinitiate any rejected debits.

You understand you are only able to terminate this Authorization for future payments by either canceling the payment within the Petal application or Petal website, or by calling us at the number on the back of your Petal credit card. We will honor termination requests to the best of our ability; however, for various reasons we may not be able to honor all requests. We are not liable for failing to stop a payment once you submit and agree to it. Therefore, you should not schedule this payment unless you are satisfied that you will not need to stop the payment.

OTHER IMPORTANT INFORMATION

Applicable Laws and Network Rules: You understand that this Authorization is subject to applicable law and network rules.
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Charges/Fees: You understand that your financial institution may impose fees in connection with rejected debits, and you agree that we do not have any liability to you for such fees.  Additionally, some Petal credit cards may be subject to returned payment fees.  See your cardholder agreement for additional details on fees.
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Consent to Electronic Communication: You consent to receive a one-time confirmation of your Electronic Payment electronically to the e-mail address you have provided to us. However, we reserve the right to send the confirmation via paper under certain conditions.
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Note for Massachusetts Residents; General Disclosure Statement: Any documentation provided to you which indicates an electronic fund transfer was made will be admissible as evidence of such transfer and will constitute prima facie proof that such transfer was made. The initiation by you of certain electronic funds transfers from your account will, except as otherwise provided in these terms and conditions, effectively eliminate your ability to stop payment of the transfer.

Website and Mobile Application Terms of Use

Effective Date: September 13, 2018
Last Revised: September 16, 2020

Please read these Terms of Use (as well as the Privacy Policy of Petal Card, Inc. (“Petal”, “we”, “us” or “our”) accessible at https://www.petalcard.com/privacy-policy, collectively the “Terms of Use”) fully and carefully before using https://www.petalcard.com (the “Site”), the Petal mobile application or any other applications (collectively, the “App”) offered by Petal and any services or programs offered through the Site or the App (the “Services”). These Terms of Use set forth the legally binding terms and conditions for your use of the Services. You acknowledge that the use of any credit card offered through Petal (each, a “Petal Credit Card”) is governed solely by the Cardholder Agreement that is provided to you.

Acceptance of Terms of Use

a. By using the Services in any manner, including but not limited to visiting or browsing the Services or submitting any information through the Services, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Services by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

b. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Eligibility

By using the Services, you represent and warrant that you are at least 18 years of age and that you are a legal resident of the United States. If you are under age 18, or not a legal resident of the United States, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer services offered on or through the Site to any person or entity and may change the eligibility criteria of the Services at any time. You are solely responsible for ensuring that these Terms of Use and use of the Services are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. You agree not to attempt to log on to the Services from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Services from one of these countries may result in your access being restricted and/or terminated.

Changes

We reserve the right, at our sole discretion, to modify or replace any of these Terms of Use at any time. Upon any change in these Terms of Use we will post the amended agreement on the Services; we may also attempt to notify you in some other way. We will indicate at the bottom of this page the date these Terms of Use were last revised. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Registration

To sign up for a Petal Credit Card or take advantage of many of the services we offer, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. By registering, you represent and warrant that you are providing accurate and complete information and that you will keep your Account information updated. You are responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may be held liable for losses or damages incurred by us or any other user of or visitor to the Services due to someone else using your user name, ID, password, or other information which provides access to the Services. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.

Bank Account Information and Authorized Actions

For registered users, your Account information may include access credentials (for example, username and password) that allow you to gain online access to one or more accounts that you maintain with a third-party financial institution and that you choose to designate for use in connection with the Services (each, an “Authorized Bank Account”). We work with one or more Third Party Services (as defined below) that will securely store pursuant to industry standards any Authorized Bank Account access credentials that you provide on the Services and will access your Authorized Bank Accounts for the purposes of providing and improving the services we offer on the Services. You may only provide account access credentials for and authorize us to access valid accounts that you hold in your own name. You may not provide access credentials for an account that is held by a third person. You must update your Account information to reflect any change to the username or password that is associated with any Authorized Bank Account.

If you choose to link your Authorized Bank Account, you authorize the use of this information to provide you with Petal Services. This authorization will remain in effect until you notify us that you wish to revoke this authorization, which may affect your ability to receive the services. The Third Party Services provider that we currently work with includes Plaid Inc. (“Plaid”). By using our Services, you grant us, WebBank, and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy (https://plaid.com/legal/#end-user-privacy-policy)

Proprietary Rights and License Grant

For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. All Content on this Services is the proprietary property of Petal with all rights reserved. You agree that all Content and materials delivered via the Services or otherwise made available by Petal at the Services are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Except as expressly authorized by Petal in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at this Services for your personal non-commercial use; provided that you retain all copyright and other proprietary notices contained therein. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Petal name and logo are trademarks of Petal Card, Inc.

By submitting information or content to or through the Services, by email or over the phone, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use such information as set forth in our Privacy Policy at https://www.petalcard.com/privacy-policy. Without limiting the generality of the foregoing, you acknowledge that Petal may disclose and transfer any information that you provide through the Services to (i) its affiliates, agents or service providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law.

Rules and Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Petal. You agree to abide by all applicable local, state, national and international laws and regulations, and by the terms of any other agreements you may have with Petal. You, not Petal, remain solely responsible for all information that you submit in connection with the Services. By providing us with any information, you represent and warrant that you have all necessary right, consent and authority to provide us with such information. You understand and agree that we shall have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use, and shall have sole discretion regarding the course of action to take in connection therewith.

You shall not: (i) use this Services for any purpose that is unlawful; (ii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iv) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (v) run any form of auto-responder or "spam" on the Services; (vi) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Services; (vii) harvest or scrape any Content from the Services; (viii) violate or infringe upon the rights of Petal or any other third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; (ix) engage in harassing, abusive, profane, or abusive conduct; or (x) otherwise take any action in violation of our guidelines and policies.
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If at any time you are in violation of these Terms of Use, we may in our sole discretion and without advance notice choose to suspend, terminate, or throttle your access to the Services, your Account or both.

Consent to be Contacted

By submitting information to us, including on or through the Services, you are expressly consenting to be contacted by us, including by telephone, email, postal mail or any other reasonable method. By providing us with your wireless phone number, you confirm that you want Petal to send you information we think may be of interest to you, which may include Petal using automated dialing technology, an artificial, or prerecorded voice to call or text you at the wireless number you provided. 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 Petal will have no liability for such charges except to the extent required by applicable law. To stop text messages, you can also simply reply “STOP” to any text message Petal sends you. To stop text message related to fraud, you must call us at 1-855-697-3825. To stop emails, you can follow the opt-out instructions included at the bottom of the emails Petal sends you; if an email does not include these instructions, it is a transactional or relationship message and you cannot opt out of receiving it in the future.

Third Party Sites and Services

The Services may permit you to link to, use or otherwise access other websites, services or resources (“Third Party Services”), and other websites, services or resources may contain links to the Services. When you access and/or use Third Party Services, you do so at your own risk. These Third Party Services are not under our control, and you acknowledge that we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of any Third Party Services does not imply endorsement by Petal or any association with their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Services.

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of some or all information associated with you to the extent permitted by applicable law. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Apple, Inc. Device and Application Terms.

If you are accessing the Services via a mobile application (“Application”) developed by Petal on a device provided by Apple, Inc. (“Apple”), or otherwise obtained access to the Services through the Apple App Store, the following terms shall apply:

a. Both you and Petal acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, and that Apple is not responsible for, does not endorse, and is not involved in the application or the Services;

b. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as applicable;

c. You will only use the Application in connection with an Apple device that you own or control;

d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

f. You acknowledge and agree that Petal, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

g. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Petal, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

h. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

i. Both you and Petal acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

j. Both you and Petal acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof.

No Warranties

THE SERVICES AND ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PETAL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates, payment card networks and payment processors, and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or any Content, violation of these Terms of Use, or infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS:

a. ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT (I) ANY DISPUTE RELATED TO YOUR USE OF A PETAL VISA™ CREDIT CARD IS GOVERNED BY THE TERMS OF THE CARDHOLDER AGREEMENT, AND (II) TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT'S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

b. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within 30 days of the date that you first accept these Terms of Use (unless a longer period is required by applicable law). Your written notification must be mailed to us at the following address: Petal Card, Inc., MSC – 166931, P.O Box 105168, Atlanta, GA 30348-5168 ATTN: Legal. If you do not notify us in accordance with this section, you agree to be bound by the arbitration and class-action waiver provisions of these Terms of Use, including such provisions in any Terms of Use revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Arbitration and Class Action Waiver section of these Terms of Use (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Class Action Waiver section), you may reject any such change by sending us written notice within 30 days of the change to the address set forth in this section. This notification affects these Terms of Use only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms of Use shall not affect the other arbitration agreements between you and us.

c. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by Petal, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in these Terms of Use shall be read as being followed by “without limitation” where appropriate. To the extent permitted by law, you shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Contact

You may contact us at support@petalcard.com

Petal Card Terms of Use for a Digital Wallet

Effective Date: August 06, 2019
Last Revised: August 21, 2020

These Petal Card Terms of Use for a Digital Wallet (the “Terms”) apply when you add a Petal credit card account (“Petal Card”) to an electronic wallet or other third-party digital payment service (“Digital Wallet”). They are an agreement between you, the person to whom the Petal Card was issued, and WebBank, Member FDIC (“we”, “us,” and “our”) and apply to you and anyone else you authorize to use your Petal Card through your Digital Wallet (collectively, “you” and “your”). Your Petal Card is serviced by Petal Card, Inc.

If you do not agree to these Terms, do not add your Petal Card to, or use your Petal Card in connection with, a Digital Wallet. We reserve the right to change these Terms, including adding other eligibility criteria for participation in our Digital Wallet services, at any time and without notice as permitted by law, and your continued use of a Digital Wallet constitutes agreement to all such changes.

By adding your Petal Card to a Digital Wallet, you accept and agree to the following:

1. Adding your Petal Card. You can add an eligible Petal Card to a supported Digital Wallet by following the instructions of the Digital Wallet provider. For certain Digital Wallets, you may also see alternative instructions on Petal’s proprietary platform (e.g., Petal mobile app or petalcard.com). During registration, you may be required to take additional steps to authenticate yourself before your Petal Card is added to a Digital Wallet, such as providing additional identifying or verifying information. When adding your card to a Digital Wallet, a Digital Wallet Provider may add a unique identifier different from your Card number (“Device Account Number”) to your Digital Wallet that enables you to make purchases through that Digital Wallet.

If your Petal Card is not in good standing or your account is frozen for any reason, then your Petal Card will not be eligible to be added to any Digital Wallet and if already in a Digital Wallet, the card may be deactivated or removed. When you add a Petal Card to the Digital Wallet, you may use the Digital Wallet to transact with retailers who support that Digital Wallet. Note though, a Digital Wallet may not be accepted everywhere where your Petal Card is accepted.

2. Terms that Apply. In addition to these Terms, you agree that when you use a Digital Wallet, you will remain subject to the terms and conditions of all your existing agreements with us, your mobile service carrier (e.g., AT&T, Sprint, T-Mobile, Verizon, etc.), and your Digital Wallet Provider (e.g., Apple, Google, Samsung, etc.). These Terms do not amend or supersede any of those agreements, including but not limited to, your Petal Visa Credit Card Cardholder Agreement (“Cardholder Agreement”), disclosures agreed to as part of opening your Petal card (including, as applicable, the Privacy Policies, Truth in Lending Disclosure, and Risk-Based Pricing Disclosure), and the Arbitration Agreement included in your Cardholder Agreement.

Any applicable interest, fees, and charges that apply to your Petal Card or underlying account will also apply when you use a Digital Wallet to make purchases with your Petal Card. We currently do not charge any additional fees for adding your Petal Card to a Digital Wallet, but we reserve the right to impose a fee in the future.

You understand that a Digital Wallet provider, or another third-party supporting a Digital Wallet provider, may however charge a fee or impose certain restrictions or limitations for using your Petal Card in a Digital Wallet. You agree that you are solely responsible for compliance with such agreements.

3. Third-Party Disputes. You understand and agree that we are not a Digital Wallet provider and therefore, are not responsible for the products and services associated with a Digital Wallet. Accordingly, you agree to resolve any disputes directly with the Digital Wallet provider or third-party service provider (such as your mobile service carrier) without involving us. Such disputes may include, but are not limited to, payment failures caused by the Digital Wallet and errors or delays caused by or the inability to use the Digital Wallet for a transaction. We are not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of the Digital Wallet or any third party’s products or services.

4. Notifications. You consent to us and/or the Digital Wallet provider sending you notifications through the Digital Wallet from time to time reflecting your Petal Card account activity and/or marketing messages. If you do not wish to receive notifications, you may turn them off through your device’s settings or by the procedures established by the Digital Wallet provider.

5. Transaction History. The transaction history displayed in a Digital Wallet is for illustrative purposes only and may be preliminary and/or incomplete. You understand and agree the transaction amount that ultimately clears, settles, and posts to your Petal Card’s monthly statement serves as the final record, even if it does not match the details of the Digital Wallet provider’s transaction history.

6. Lost, Stolen or Unauthorized Use of your Eligible Device or Card. Some Digital Wallets can only be used with a compatible device determined by the Digital Wallet Provider for that Digital Wallet (“Eligible Device”). Devices modified contrary to the manufacturer’s software or hardware guidelines, including by disabling hardware or software controls—sometimes referred to as “jailbreaking”—are not Eligible Devices. You acknowledge that the use of a modified device to use your Petal Card in connection with a Digital Wallet is expressly prohibited, constitutes a violation of these Terms, and is grounds for us to deny you access to your Petal Card through a Digital Wallet(s).

If you believe your Eligible Device or your credentials have been lost, stolen or otherwise compromised, or someone has used or may use your Eligible Device or your credentials without your authorization, you must call us immediately at the number on the back of your Petal Card. Additionally, please refer to and follow the instructions provided by the Digital Wallet provider. If you fail to notify us without delay, you may be liable for part or all the losses in connection with any unauthorized use of your Petal Card in connection with that Digital Wallet

If your physical Petal Card is lost or stolen, but your Eligible Device is not lost or stolen, the information on the newly reissued card may be automatically assigned to your existing Device Account Number. Due to the way a Digital Wallet operates, you may need to present your Eligible Device to a merchant when you return an item purchased using that Digital Wallet on such Eligible Device. So, for example, if you make a purchase using your Apple Wallet on your iPhone, the merchant may require you to have that same iPhone present to return the item.

7. Suspension/Removal of Your Petal Card. We reserve the right to discontinue offering or supporting Digital Wallet services at any time for any reason. Unauthorized use of a Digital Wallet, including, but not limited to, unauthorized entry into our systems, misuse of passwords or misuse of other information, is strictly prohibited and will result in suspension and/or termination of your use of a Digital Wallet. We reserve the right to block, restrict, suspend, or terminate your use of any Digital Wallet at any time without notice for any reason, including if you violate these Terms or any other agreements with us, except as otherwise required by applicable law. You agree that we will not be liable to you or any third party for any suspension, cancellation or termination of your use of a Digital Wallet.

For instructions on how to remove your Petal Card from a Digital Wallet, contact the Digital Wallet provider.

8. Authorization to Collect and Share Data. You agree that we may collect, transmit, store, and use technical, location, log in, or other information about you or your use of your Petal Card through a Digital Wallet. You also acknowledge that we may share certain details of your Petal Card Digital Wallet transactions with the Digital Wallet provider, merchants, a payment network, and others in order to provide the services you have requested, to make information available to you about your Petal Card transactions, and to improve our ability to offer these services. This information helps us to add your Petal Card to the Digital Wallet and to maintain the Digital Wallet services.

9. Privacy. We will use, share, and protect your personal information in accordance with the Petal Card, Inc. General Privacy Policy. We do not control the privacy and security of your information that may be held by the Digital Wallet provider. You acknowledge that the use and disclosure of any personal information provided by you directly to a Digital Wallet provider, payment network, or other third parties supporting that Digital Wallet, will be governed by such party’s privacy policy and not the Petal Card General Privacy Policy.  

10. Electronic Communications. You agree to receive electronic communications and disclosures, including automatically dialed calls or text messages, from us on your devices at the number you provide. You also agree that we can contact you by email at any email address you provide to us in connection with any Petal product, service or account, or through the mobile device on which you have downloaded the Petal Mobile app. It may include contact from companies working on our behalf to service your accounts. You agree to update your contact information with us when it changes. If at any time you revoke this consent, we may suspend or cancel your ability to use your Petal Card in connection with a Digital Wallet.  

11. Merchant Relationships and Disclaimers. Merchants may offer you certain discounts, rebates or other benefits (e.g. free shipping) (“Offers”) in a Digital Wallet. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. We will not be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such Offers. Subject to applicable law and your Cardholder Agreement, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through a Digital Wallet or the Offers they provide.

12. Ending or Changing these Terms; Assignments. We can add to, delete portions of, or terminate these Terms at any time without notice to you, except where required by law. Your use of a Petal Card in a Digital Wallet after we have made such changes available will be considered your agreement to the changes. We can also assign these Terms. Furthermore, subject to applicable law, at any time we may (i) terminate your use of any Petal Card in connection with a Digital Wallet, (ii) modify or suspend the type or dollar amounts of transactions allowed using Petal Cards in connection with a Digital Wallet, (iii) change the Petal Card’s eligibility for use with a Digital Wallet and/or (iv) change the Petal Card authentication process. You cannot change these terms, but you can terminate these Terms at any time by removing your Petal Card from any Digital Wallets. You may not assign these Terms.

13. Governing Law. These Terms are governed by federal law and, to the extent that state law applies, the laws of the State of Utah, without regard to its conflicts of law provisions. Disputes arising out of or relating to these Terms will be subject to the Arbitration Agreement in your Cardholder Agreement.

14. Indemnification. You agree to indemnify and hold us, our licensors, sponsors, agencies, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of a Digital Wallet service or (ii) any breach of the terms and conditions set forth in these Terms by you or other users of your Petal Card or Digital Wallet credentials. You must use your best efforts to cooperate with us in the prosecution or defense of any such claim. We reserve the right to employ counsel of our choice to defend and control any such matter subject to indemnification by you. You have the right, at your own expense, to employ separate counsel to participate in such matter on a non-controlling basis.

As provided in the Cardholder Agreement, you are responsible for all uses of your Petal Card account by third parties you gave access to, including if these third parties misuse your Petal Card or any Digital Wallet services.

15. Limitation of Liability; No Warranties. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO YOUR ADDING YOUR PETAL CARD TO A DIGITAL WALLET, OR YOUR ACCESS OR USE OF A DIGITAL WALLET. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO ANY AND ALL DIGITAL WALLETS AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE DIGITAL WALLETS.

16. Questions. If you have any questions, disputes, or complaints about the Digital Wallet, contact the Digital Wallet provider using the information given to you by the provider. If your question, dispute, or complaint is about your Petal Card, then contact Petal Card support by emailing support@petalcard.com or calling the number on the back for your card.

The Petal Card is issued by WebBank, Member FDIC.

PETAL CARD
REFER A FRIEND PROGRAM TERMS

The “Refer a Friend” Program (the "Program") is a promotional referral program offered by Petal Card, Inc. ("Petal") where existing Petal cardmembers may be rewarded for referring individuals to Petal subject to the terms and conditions stated herein (the "Program Terms"). To qualify for the Reward (as defined below), referred individuals must be approved for a Petal Card account in accordance with these Program Terms.  By choosing to participate in the Program, you are accepting and agreeing to these Program Terms. These Program Terms form an agreement between you and Petal with respect to the Program. You should read these Program Terms carefully. Petal reserves the right to modify or terminate the program at any time and in any manner, in whole or in part, as outlined below.

1. ELIGIBILITY

The Program is open to all Petal cardholders in good standing (as defined herein) who are legal residents of the fifty (50) United States and the District of Columbia.  The Program is void elsewhere and where prohibited.  You may only refer individuals who have never had a Petal card account and who have never been issued a Petal card as an additional cardholder. Employees of Petal, WebBank or either of their affiliates are not eligible to participate in the Program and may not be referred through the Program.

2. OFFER REQUIREMENTS

Each offer provided through the Program (“Offer”) will include specific Offer Terms that describe the relevant reward (“Reward”) and eligibility requirements for redeeming the Offer and receiving the Reward.  Petal may provide multiple Offers at any given time. You must strictly follow the requirements specified in the Offer Terms (including any promotional code or link provided in the Offer Terms) to redeem the Offer and receive the Reward described in the Offer.

3. STATEMENT CREDIT or CASH BACK REWARD

Subject to these Program Terms, after the referred individual is approved for a Petal Card account, Rewards may be issued as follows:
- A Statement Credit between $0 and $50 may be attributed to your Petal Card account balance.
- $0 to $50 in Cash Back Points may be applied to your Petal Card account, which can be redeemed as a Statement Credit or other methods permitted by the applicable Petal Perks Program Rules.  

The actual amount and type of Rewards will vary within the thresholds noted above and will be specified in an Offer message to you and the referred individual from Petal.

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4.TERMS OF REDEEMING REWARD
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Rewards cannot be sold, transferred, or redeemed for cash. Petal reserves the right to refuse to issue a Reward for reasons that Petal may deem appropriate, such as noncompliance with the Program Terms, Offer Terms or any fraudulent or illegal behavior. Rewards will only be issued to Petal card accounts that are in good standing  and not in default.  Your account is in “Good Standing” as long as you fully comply with these Program Terms, your Petal 1 or 2 Visa Credit Card Cardholder Agreement as may be amended from time to time (“Cardholder Agreement”), Petal Perks Program Rules, disclosures agreed to as part of opening your Petal card (including, as applicable, the Privacy Policies, Truth in Lending Disclosure, and Risk-Based Pricing Disclosure) and Arbitration Agreement (collectively, the “Program Agreements”).  For an avoidance of doubt, an account in good standing for purposes of this Program includes, but is not limited to an account for which all required opening documentation has been completed and verified, and is not locked, or restricted, or otherwise flagged in any way.  If the Referrer’s account is closed or not in good standing for any reason at any time, any cash back Rewards awarded hereunder will be forfeited.    

5. MODIFICATION OR TERMINATION OF PROGRAM

The Program is offered at the discretion of Petal, and Petal reserves the right to terminate, suspend, or modify the Program, Program Terms, Offer Terms, Rewards, conditions of participation, or any other aspect of the Program, in whole or in part, at any time, with or without notice; however, such changes will not affect any Rewards already earned.  

6. LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTIES    

By participating in this Program, you agree that Petal and its agents, representatives, affiliates, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from your participation in the Program or receipt or use of any Reward, any failure or delay by Petal in connection with the Program, or the performance or non-performance of the Program by Petal, even if Petal has been advised of the possibility of damages.  This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your information.          

Petal makes no warranty of any kind regarding the Program or any Reward, which are provided on an “as is” and “as available” basis.  Petal expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.  Petal is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Program or any Reward, including without limitation that the Program will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the Program.  Some states do not allow the limitation of liability and disclaimer of implied warranties, so the disclaimers and limitations above may not apply to you. 7.            

ADDITIONAL TERMS

Information collected from you will be used in accordance with the Petal’s Privacy Policy.

These Program Terms, in conjunction with the relevant Offer Terms, make up the entire agreement between you and Petal relating to the Program, and replace any prior understandings or agreements (whether oral or written) regarding the Program. Any disputes arising from the Program or these Program Terms or the Offer Terms will be subject to the arbitration agreement and class action waiver contained in the Petal’s Website and Mobile Application Terms of Use.

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Interest-Based Advertising

Petal does not currently engage in any interest-based advertising.

March 28, 2018