Terms and Conditions of Use

Effective Date: January 26, 2026

SECTION 17 OF THESE TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE CLAIMS BETWEEN YOU AND VANSI. SECTION 17 REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES AND CLAIMS BETWEEN YOU AND VANSI BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 17 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 17 CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION PROVISIONS BY FOLLOWING THE INSTRUCTIONS CONTAINED IN SECTION 17 WITHIN SIXTY (60) DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

These Terms and Conditions of Use (“Terms of Use”) are a legal agreement between you (“you”, “your” or “user”) and Hamiltonian Inc. and Hamiltonian International LLC (together, “VANSi”, “VAN$i”, “Credit Convey”, “we,” “us,” “our”, or the “Company”) which governs your access to and use of our Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:

The websites, www.creditconvey.com, www.vansi.com, and www.hamiltonian.inc, or any website of ours that links to these Terms of Use (our “Websites”);
Our mobile applications (our “App”);
The products and services (“Services”) made available through our Websites or App.

Our Websites, App, and Services are collectively referred to as our “Platform.”

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or any Service offered in connection with the Platform, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the PrivacyPolicy, you must not access or use the Platform.

1. Ownership of the Platform

All pages, features, and content within the Platform and any material made available for download are the property of the Company, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The contents of the Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by the Company. This includes, but is not limited to, using Content to: (i) develop any software program, including but not limited to, training a machine learning, artificial intelligence (AI) system, or large language model; or (ii) provide archived or cached data sets containing Content to another person or entity. You also may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of the Platform without our express written consent. You shall comply with all proprietary notices contained in any Content accessed via the Platform.

2. Access to the Platform, Security and Restrictions; Passwords

We reserve the right to withdraw or amend the Platform, and any Services or Content we provide through the Platform, in our sole discretion without notice. Except as required by law, we will not be liable to you if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or applicable law.

Except for Americans with Disabilities Act (ADA) accessibility purposes, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.

Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences of suspected violations of our security and we may report occurrences to law enforcement authorities and cooperate with such authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.

In the event access to the Platform or a portion thereof requires a user ID and password (“Protected Areas”), you agree to access such Protected Areas using only your user ID and password as provided to you by the Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID.

3. Account Set-Up and User Information.

You agree to provide true, accurate, current, and complete information when registering to use the Platform and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively “User Information”). Your ability to maintain an account on the Platform may be subject to additional requirements, such as maintaining an active membership and linking a verified bank account. You further agree to maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

4. Your Responsibilities.

As a user of the Platform and Services, you are responsible for:

Providing and maintaining all hardware and software necessary to install the App and/or access and use the Platform.
Protecting your user IDs and passwords.
Not allowing any third parties to access the Platform using your user IDs or passwords.
Ensuring that all information you provide to us, including but not limited to your email address, is correct, and updating your information with us if it changes.

5. No Users Under 18 Years Old.

You must be at least 18 years of age to access the Platform and the Services. If you are under the age of 18, you are not permitted to access the Platform and you should not provide any personal data about yourself to us.

6. Enrollment and Establishing a Membership.

Certain features may require providing the Company with access to your banking information via a third-party service such as Plaid®, or Finicity®, and designating a bank account (“Linked Account”) where you would like the Company to debit, if applicable, your Membership Fee, monitor your transactions, and/or receive and repay any BaG cash.

After you create a Mobile App user account, you will be prompted to establish a data connection to your bank and designate a Linked Account if you attempt to use or access any feature requiring such a connection within the Mobile App. Connecting to your bank and designating a Linked Account requires you to become a member. The Company offers both free and premium membership tiers. This choice of tier is made by you at the time you are asked to establish the connection.

7. Membership Tiers

7.a. Free Tier Membership: This tier provides access to BaG cash if eligible in amounts up to $20, Financial Stability Insights, Analytics, and Balance Alert services, and Pay & Transfer services. There is no membership fee for this tier.

7.b. Premium Tier Membership: This tier provides access to BaG cash if eligible in amounts up to the maximum offered by VANSi, optional Expedited Funds Delivery (for an additional cost), Financial Stability Insights, Analytics, and Balance Alert services, Automatic Payment Rescheduling (powered by AI), Predictive Partial Payment (powered by AI), and Pay & Transfer services. There is a membership fee for this tier.

7.c. Premium Tier Membership Term and Fees: Premium Tier memberships are for a term of 12 months following the date you first enroll. Your membership will not renew automatically. You will be given the option to re-enroll in a Premium Tier membership for an additional 12 months when your current membership term expires.

If you choose to enroll in the Premium Tier Membership, you will be subject to a biweekly membership fee (“Membership Fee”) during the term of your membership. The Membership Fee will be charged to your Linked Account every two weeks. The amount of the Membership Fee will be disclosed to you during the membership enrollment process.

The first Membership Fee will be charged to your Linked Account on the first Friday that is at least three (3) business days from the date you designate a Linked Account and complete the membership enrollment process. For example, if you enroll on a Wednesday, the first Membership Fee will be charged on Friday of the following week. If you enroll on a Monday, the first Membership Fee will be charged on Friday of the same week.

You will then be charged the Membership Fee every other Friday after the first fee was charged until (1) your membership expires at the end of 12 months; (2) you cancel your membership; or (3) you change your membership to a Free Tier membership. If your membership expires, or if you cancel or change membership to a Free Tier membership, you will not owe any further Membership Fees after the date of expiration, cancellation or change. If your membership is cancelled within three (3) business days before your next scheduled Membership Fee, we may not be able to stop that fee from being charged. If this occurs, we will refund that Membership Fee to your Linked Account.

Before we initiate a debit to your Linked Account, we will attempt to determine whether you have sufficient funds for the debit as a courtesy using balance information provided by the third party used to connect to your bank account. If we detect that you have insufficient funds, we will not process the debit. However, we cannot guarantee that we will be able to accurately detect whether you have sufficient funds and we will not be liable for any overdrafts or bank fees you may incur provided we otherwise processed the debit correctly.

If we do not debit your Linked Account because you do not have sufficient funds or your payment is returned or is otherwise unsuccessful, we reserve the right to either cancel your membership or downgrade your membership to the Free Tier.

7.d. Membership Fee Credit and Debit Authorization: By designating a Linked Account and completing the membership enrollment process, you expressly authorize us to electronically debit the Membership Fee every two weeks from your Linked Account as described above. The amount of the Membership Fee and other details will be disclosed to you through the Platform when you enroll. This authorization will remain in effect until (i) the term of your Premium Tier membership expires; (ii) you cancel your membership and after we have issued you any refunds we may owe you at the time or made any corrections that may be necessary; or (iii) you revoke your authorization.

If you wish to stop payment of a Membership Fee, you must notify us at least three (3) business days before the next scheduled debit date to stop that debit. If you do not provide timely notice, we may, in our sole discretion, attempt to stop the next debit but will not be obligated to do so. You may request a stop payment by emailing us at support@creditconvey.zendesk.com. When you email, please include your full name, the email address you use in connection with the Platform, and the telephone number associated with your membership. Be sure to tell us whether you wish to only stop the next Membership Fee payment, or if you wish to revoke your authorization for all Membership Fee payments. Failure to provide correct and complete information may delay or make it impossible for us to locate and verify your account and to stop your payments. We will not be liable to you if we are unable to process your request or are delayed in doing so because you provided incomplete or incorrect information, or if you do not provide us with timely notice of your request.

7.e. Membership Cancellation and/or Renewal: Your membership (whether Free Tier or Premium Tier) will expire after 12 months from the date you first enroll. Your membership will not renew automatically. You can renew your membership through the Platform after it has expired.

You may cancel your membership for any reason at any time through the App by contacting our Customer Service via support@creditconvey.zendesk.com. We may also cancel your membership at any time and for any reason at our discretion, including but not limited to if we determine you have not accessed or used the Platform for three (3) or more months.

If you are charged a Membership Fee following the date your membership is cancelled because we were unable to stop the debit, we will refund you that fee. Please note that simply uninstalling or deleting the Mobile App from your mobile device will not cancel your membership or stop the Membership Fee. You must cancel your membership by one of the methods described above.

8. Bridge-a-Gap “BaG” Cash.

BaG cash is an advance of your earned but unpaid income. Eligible members may obtain BaG cash through the App. Eligibility and the amounts of BaG cash you may obtain are determined by, among other things, your bank transactional history, account balances, and your estimated income. The maximum amount of BaG cash made available to you will generally increase over time as you establish a history with us. Membership, including Premium Tier membership, does not guarantee eligibility and not all members will qualify. Your eligibility and the amounts for which you are eligible will be displayed to you within the App.

You may only have one BaG cash at a time. You may not obtain another BaG cash until you have repaid any prior BaG cash transactions you may have outstanding.

BaG cash is not a loan or a debt. The Company warrants that it has no legal or contractual claim against you based on a failure to repay a BaG cash, will not engage in debt collection activities, will not place any BaG cash amount outstanding with or sell it to a third party, and will not report you to any consumer reporting agency. However, your failure to repay a BaG cash may affect your ability to obtain future BaG cash or result in the termination of your access to the Platform. The Company also does not waive any rights regarding fraudulent or illegal activity, and the Company will pursue instances of fraud.

8.a. BaG Cash Delivery Options: Depending on your membership tier, you may be given different options for receiving your BaG cash. Certain options are subject to transaction fees. Regardless of the option you choose, we will initiate the transfer of your BaG cash immediately after you authorize the transaction.

Standard ACH Delivery: All members can receive their BaG cash through standard Automated Clearing House ("ACH") transfers. BaG cash transferred to you under this option will generally be made available to you by your bank within three (3) business days. Standard ACH transfers are free.

Expedited ACH Delivery: Premium Tier members have the option to select expedited ACH delivery. This option will be processed as a same-day ACH transaction and will generally be made available to you by your bank within one (1) business day. Expedited ACH delivery is subject to a transaction fee. The amount of the fee varies based on the amount of BaG cash being transferred to you and will be disclosed to you through the App at the time you authorize the transaction.

Real-Time Payment Delivery: Premium Tier members may have the option to receive their funds by a Debit Card push transfer or “real-time payment” (“RTP”). Debit Card push or RTP transfers will generally be made available to you by your bank within five (5) minutes. Not all banks accept RTP transfers. If the bank holding your Linked Account does not participate in the RTP payment network, you will not have the option to select this method. RTP transfers are subject to a transaction fee. The amount of the fee varies based on the amount of BaG cash being transferred to you and will be disclosed to you through the App at the time you authorize the transaction.

8.b. Pay & Transfer: This feature allows you to designate another VANSi member to receive your BaG cash. If the recipient you designate is not currently a VANSi member, we will send that person an invitation to join to claim your Bag cash. Your designated recipient must successfully join as a VANSi member to receive your BaG cash.

Any BaG cash you send to other members will be repaid by you, not the recipient of your BaG cash.

8.c. Repaying Your BaG Cash.

When you take BaG cash, you will be asked to authorize a debit from your Linked Account for the amount of BaG cash you are taking plus any optional fees related to that BaG cash on your next expected income deposit date.

We monitor the balance in your Linked Account using information provided to us by the third party you used to connect the account with us. If we believe you do not have sufficient funds to repay the full amount outstanding, we will instead attempt to debit a smaller amount. If we detect that you have insufficient funds for any amount, we will not debit your Linked Account on that day. We will then attempt to debit the remaining amount(s) the next time a deposit or credit is made to your Linked Account.

The details of your repayment will be displayed to you in the App before you provide your authorization to debit your Linked Account in connection with BaG cash.

While we attempt to avoid debiting your Linked Account when you have insufficient funds, we cannot guarantee that an overdraft will not occur or that you will not incur bank fees. We will not be liable to you for any overdrafts or bank fees provided we otherwise processed the debit correctly unless applicable law requires us to reimburse you.

If any debit is returned to us by your bank, we reserve the right to reattempt that debit up to two (2) additional times in accordance with the Operating Rules of the National Automated Clearinghouse Association.

9. Financial Tools and Features

VANSi offers various services and features through its Platform.

9.a. Financial Stability Insights and Analytics: Available to all members at any time, this Service includes your progress on your BaG cash, any scheduled debits from your Linked Account, and other information that may be helpful to you in managing your finances.

9.b. Balance Alerts: If we detect that your the balance in your Linked Account is below a certain threshold, we will send you alerts to help you avoid overdrafts. By enrolling in a membership, you consent to receive such alerts by SMS message, “push” notifications, and/or email. You represent that any telephone number you provide to us is your telephone number and that you are permitted to receive calls and text messages at that telephone number. You acknowledge that you may incur costs from your telephone service provider to receive calls and text messages and that we are not responsible for such costs.

9.c. Accuracy and Integrity of Financial Information: Although the Company attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. Any information provided through the Platform are for informational purposes only. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected. The Company reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, the Company will have no responsibility or liability for information or Content posted to the Platform from any non-affiliated third party.

9.d. Accuracy and Timeliness of Information and Alerts: While we make reasonable efforts to provide you with accurate and timely information and alerts, VANSi relies on third parties to provide certain information to you and send you alerts. We do not guarantee the delivery, accuracy, or timelines of information that was obtained or derived from third parties and displayed on the Platform or sent to you using third party messaging services. We are not be liable for any errors or delays, nor are we liable for actions you may take, or do not take, in reliance on such information or alerts.

9.d. No Legal, Tax or Financial Advice: VANSi does not provide you with any legal, tax, or financial advice through the Platform. VANSi is not a lawyer, tax advisor, broker, or financial planner. We encourage you to consider consulting an accountant or other financial advisor aware of your individual circumstances before implementing any financial strategy or making any financial decisions.

10. Export Policy and Restrictions.

You acknowledge that Services that are licensed on the Platform, which include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By using technology or software from the Platform, you agree to abide by the applicable laws, rules and regulations, including, but not limited to the Export Administration Act and the Arms Export Control Act , and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By subscribing to the Services, you agree that you will not use any Services, or provide Services to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the applicable sanctions regulations administered by the U.S. Office of Foreign Assets Control, or any similar sanctions legislation applicable in your home jurisdiction.

11. Links to Other Sites.

The Company makes no representations whatsoever about any third-party websites that you may access through the Platform. When you access a third-party website, please understand that it is independent from the Company, and that we have no control over the content on that website. In addition, a link to a third-party website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.

12. Electronic Communications.

By using the Platform, you consent to receive transactional and informational communications from us. To use the Platform, you are required to agree to VANSi’s Electronic Communications Consent.

The Company is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and emails you receive from us are intended to comply fully with CAN-SPAM Act. In the event you receive an email from us which you do not believe is fully compliant with the CAN-SPAM Act, please contact us.

13. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

The Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to The Company’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Platform

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice ("Notice") complying with the following requirements.

Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Attn: Vansi Copyright Agent

Foley & Lardner LLP

321 N Clark St., Suite 3000

Chicago, IL 60654

1 (831) 337-0656

copyrightvansi@foley.com

14. Disclaimer of Warranties.

THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. THE COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY THE COMPANY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

15. Limitation of Liability and Indemnification.

THE COMPANY AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS).

To the fullest extent permitted by law, you agree to indemnify, defend and hold VANSi harmless from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Platform or any Services; (ii) your violation of these Terms of Use or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. VANSi reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of VANSi.

16. Governing Law and Venue.

Subject to Section 17, these Terms of Use and all Claims are governed by the laws of the State of Delaware without regard to conflict-of-law rules. In the event that Section 17 is found not to apply to you or your Claim, you agree that any judicial proceeding (other than small claims actions) will be brought in a federal or state court within the State of Delaware.

17. Dispute Resolution by Binding Arbitration.

BY AGREEING TO THESE TERMS OF USE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU ALSO UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT AND REJECT THIS PROVISION AS PROVIDED IN SECTION 17.C BELOW.

17.a. Election to Arbitrate: You and VANSi agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 17 (the "Arbitration Provision"), unless you opt out as provided in Section 17.c below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of these Terms of Use, the Platform, the Services, the App, and/or the activities or relationships that involve, lead to, or result from these Terms of Use, including (except to the extent provided otherwise in Section 17.g below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from a contract; tort (intentional or otherwise); constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. You or we may assert any Claim or seek any related relief in a small claims court if the Claim qualifies for and remains in a small claims court and only proceeds on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.

17.b. Applicability of the Federal Arbitration Act and Arbitrator’s Powers: This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"), including, without limitation, the procedures governing Batch Arbitration in Section 17.i. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

17.c. Right to Opt Out of Arbitration Provision: You have the right to opt out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to support@creditconvey.zendesk.com, within 60 days of the date of your electronic acceptance of the terms of these Terms of Use (or otherwise first becoming subject to this Arbitration Provision). The opt-out notice must clearly state that you are rejecting arbitration; identify the Terms of Use to which it applies by date; provide your name, address, and email address and be signed by you. No other methods can be used to opt out of this Arbitration Provision. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt-out notices from any third-party purporting to act on your behalf will have no effect on your or our rights. If you opt out of this Arbitration Provision, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Provision has no effect on any other arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Provision to which you agreed and did not timely opt out, which will remain in effect.

17.d. Informal Dispute Resolution: If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a prompt, low-cost, and mutually beneficial resolution. You and we agree to participate in good faith informal efforts to resolve Claims before starting an arbitration or initiating an action in small claims court ("Informal Dispute Resolution").

To initiate an Informal Dispute Resolution, a party must give notice in writing to the other party ("Notice"). You must send your Notice to us by email to support@creditconvey.zendesk.com. Your Notice must include: ( 1 ) your name; ( 2 ) your telephone number, mailing address, and email address; ( 3 ) the name, telephone number, mailing address and email address of your counsel, if any; and ( 4 ) a factual description of the Claim, a description of the remedy sought, and an accurate, good‐faith calculation of the amount in controversy. VANSi will send the Notice, including a description of the Claim, to your email address or regular address on file.

It is your responsibility to ensure that your email and mailing address are correct and remain up to date. You agree to promptly notify us if, at any time during the Informal Dispute Resolution process, you become represented by counsel.

The Informal Dispute Resolution process lasts forty-five (45) calendar days and is a mandatory precondition to commencing arbitration.

The statute of limitations and any filing deadlines shall be tolled (meaning, they will be paused) while the parties engage in Informal Dispute Resolution.

17.e. Arbitration Procedures, Rules and Forum: If a Claim is not resolved within forty–five (45) calendar days of submitting the Notice, a demand for arbitration can be made in accordance with this Arbitration Provision, unless we and you mutually agree in writing to extend or shorten that 45–day period. You and we agree that the arbitrator shall dismiss any arbitration demand filed prior to the end of that period.

The party initiating arbitration shall do so with National Arbitration and Mediation (“NAM”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the NAM Comprehensive Dispute Resolution Rules and Procedure (“NAM Comprehensive Rule”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”) or to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning NAM or would like to obtain a copy of the NAM Rules, you may visit the NAM website at: https://namadr.com/resources/rules-fees-forms/. In the case of a conflict between the NAM Rules and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the NAM Rules apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Demand"). The Demand must include: (1) the name, telephone number, mailing address, and the email address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to us must be sent by email to support@creditconvey.zendesk.com. VANSi will provide the Demand to your email or mailing address on file.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel's name, telephone number, mailing address, and email address. Counsel must also sign the Demand. By signing the Demand, counsel certifies to us, to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).

Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (“Fee Schedules”).

You and VANSi agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

You and VANSi agree that at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post–offer costs to which they otherwise would be entitled and shall pay the offering party's costs from the time of the offer.

17.f. Arbitrator: The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under Section 17.i is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch.

17.g. Authority of the Arbitrator: The arbitrator shall have exclusive authority to resolve any Claim, including, without limitation, disputes regarding the interpretation or application of the Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision, except that all Claims regarding the Section 17.j entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of that Section is unenforceable, illegal, void or voidable, or that such Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Claim. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Unsatisfied judgments on the arbitration award may be entered in any court having jurisdiction.

17.h. Attorneys’ Fees and Costs: The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Claim or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its Claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.

17.i. Batch Arbitration: To increase the efficiency of administration and resolution of arbitrations, you and VANSi agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against VANSi by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration Demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by VANSi.

You and VANSi agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

17.j. Waiver of Class and Other Non-Individualized Relief: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY CLAIM BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual Claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 17.i entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Provision, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, entitled “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and VANSi agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware, except as otherwise required by applicable law, in which case it may be litigated in a court of competent jurisdiction. All other Claims shall be arbitrated or litigated in small claims court. This subsection does not prevent you or VANSi from participating in a class-wide or mass settlement of claims.

17.k. Waiver of Jury Trial: YOU AND VANSi HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and VANSi are instead electing that all Claims shall be resolved by arbitration under this Arbitration Provision, except as specified in Section 17.a entitled “Election to Arbitrate” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

17.l. Survival and Severability of Arbitration Provision: This Arbitration Provision shall survive the termination of these Terms of Use. Except as provided in Section 17.j entitled “Waiver of Class or Other Non-Individualized Relief,” if any portion or portions of this Arbitration Provision (other than Section 17.i entitled “Batch Arbitration”) is found under the law to be invalid or unenforceable, then such specific portion or portions shall be of no force and effect and shall be severed, and the remaining portions of this Arbitration Provision shall continue in full force and effect. However, if Section 17.i entitled “Batch Arbitration” of this Arbitration Provision is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Provision shall be void, and the parties agree that all Claims will be heard in the state or federal courts located in the State of Delaware to the maximum extent permitted by law and, otherwise, in a court of competent jurisdiction. You further agree that, except where prohibited by law, any Claim between you and VANSi as detailed in this Arbitration Provision must be initiated within two (2) years after the cause of action accrues unless federal or Delaware law, or another agreement you have with us, provides for a shorter period of time, in which case, that shorter period of time shall govern; otherwise, such cause of action will be forever time barred.

17m. Modification: You and we agree that VANSi retains the right to modify this Arbitration Provision in the future. Any such changes will be posted at www.vansi.com and you should check for updates regularly. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if VANSi makes any future material change to this Arbitration Provision, it will notify you. Your continued use of the Platform, App or Services constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms of Use with an arbitration provision and you did not validly opt out of arbitration then, changes to this Arbitration Provision do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. VANSi will continue to honor any valid opt outs of previous agreements to arbitrate that you made in connection with a prior version of these Terms of Use.

18. Compliance with Laws.

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Platform in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

19. Waiver and Severability.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then, subject to Section 17.l titled “Survival and Severability of Arbitration Provision”, only such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

20. Injunctive Relief.

You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

21. Termination, Suspension and Modification.

The Company reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Platform, with or without cause, and with or without notice.

In its sole discretion, the Company may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

22. General Provisions.

These Terms of Use constitute the entire agreement between the Company and you pertaining to the subject matter hereof. These Terms of Use supersede any previous Terms of Use. These Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. You may not assign or transfer these Terms of Use or any of your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use or any of our rights or obligations under these Terms of use at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for convenience only and in no way define, limit, describe or modify the scope or extent of such section.

23. Contact Us.

If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below.

How to Contact Us:

109 E 17th Street, STE 430

Cheyenne WY 82001

1 (831) 337-0656

support@creditconvey.zendesk.com