QuadFi

Bank Account Agreement

Your use of services offered by Plaid Technology, Inc., including Plaid.connect and the Plaid API (collectively, “Plaid”) from within the website Quadfi.com or another application channel (collectively, the “Website”) offered by QuadFi Inc. (“ QuadFi”, “we” or “us”) in connection with your application for a loan (“Loan”) from us is subject to the following terms set forth in this agreement (“ Agreement”).

a) Verifying your identity and accessing banking information. You are licensing us and Plaid to use the login information, password and other data (collectively, “ Credentials”) that you provide to Plaid or us via the Website, in order to access information from the bank, financial institution or other service provider designated by you (“Service Provider”) on your behalf, such as identification information, account information and transaction history (together with Credentials, the “ Banking Information”). QuadFi and Plaid may, during the application process and throughout the term of any loan, retrieve and use Banking Information to verify your identity, assess your suitability for a Loan, determine the potential terms of a Loan, determine where to deposit the proceeds (“Loan Proceeds”) of any Loan provided, assess your suitability for and expedite payments on such Loan, including pre‐authorized debit, and service, monitor and collect on such Loan. By submitting Credentials, you represent and warrant that you are the owner of such Credentials. You acknowledge that you will confirm the accuracy of the Banking Information obtained using Plaid prior to accepting a Loan from us or any Loan Proceeds.

b) Acting as your Agent. You acknowledge and agree that when we or Plaid access and retrieve information from Service Providers, we and Plaid are acting as your agent, and not the agent or on behalf of any third party. You understand and agree that Plaid is not endorsed or sponsored by any Service Providers accessible through Plaid. For all purposes hereof, you hereby grant QuadFi and Plaid a limited power of attorney, and you hereby appoint QuadFi and Plaid as your true and lawful attorney‐in‐fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access the Service Providers’ Internet sites, servers or documents, retrieve information, and use your Credentials, in the manner described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person, only as required to provide you with Plaid. You agree that Service Providers shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you.

c) Privacy Policy. In completing an application for a Loan, you consented to our Privacy Policy. You hereby affirm such consent and agree that we may use any Banking Information obtained using Plaid for any purpose set out in our Privacy Policy.

d) Disclaimer of Warranties. You expressly understand and agree that:

1) Your use of Plaid, including through the Website to access Services Providers and provide us Banking Information, is at your sole risk. Plaid is provided on an “as is” and “as available” basis. QuadFi and Plaid expressly disclaim all warranties of any kind as to Plaid, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non‐infringement. In particular, Plaid may provide Banking Information that is inaccurate and you should confirm Banking Information with us.

2) QuadFi and Plaid make no warranty that (i) Plaid will meet your requirements, (ii) Plaid will be uninterrupted, timely, or error‐free, (iii) the quality of any Banking Information, Loan, products, services, information, or other material purchased or obtained by you through Plaid will meet your expectations, or (iv) any errors in the technology underlying Plaid or the Website will be corrected.

3) Any Banking Information downloaded or otherwise obtained through the use of Plaid is so downloaded or obtained at your discretion and at your risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from QuadFi or Plaid through or from Plaid will create any warranty that is not expressly stated in these terms.

e) Limitation of Liability. You agree that neither QuadFi or Plaid nor any of their respective affiliates, account providers or any affiliates of such account providers will be liable for any harms, damages or loss sustained by any person, whether direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, loss of Loan Proceeds, lost opportunity to obtain a Loan or obtain a Loan at a preferential rate, damages for loss of profits, goodwill, use, data or other intangible losses, even if QuadFi or Plaid has been advised of the possibility of such damages, resulting from:

  1. your use or inability to use Plaid;
  2. any inaccuracy in the Banking Information;
  3. the cost of obtaining substitute goods and services;
  4. any products, data, information or services purchased or obtained or messages received
    1. or transactions entered into, through or from Plaid;
  5. unauthorized access to or alteration of your transmissions or data;
  6. statements or conduct of anyone in respect of Plaid;
  7. the use, inability to use, unauthorized use, performance or non‐performance of any
    1. third party account provider site, even if the provider has been advised previously of the
    2. possibility of such damages; or
  8. any other matter that can be reasonably be considered to relate to Plaid.

f) Indemnification. You agree to defend and fully indemnify QuadFi and Plaid and their respective affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, legal fees on a solicitor‐client or substantial indemnity basis) caused by or which could reasonably be considered to arise from your use of Plaid, your violation of the terms of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person.

g) Proprietary Rights. You are permitted to use Banking Information or other materials delivered to you through Plaid only in connection with the Website. You may not copy, reproduce, distribute, or create derivative works from this information, data, or other materials. Further, you expressly agree not to reverse engineer or reverse compile any of Plaid’s technology.

h) Plaid. You acknowledge that Plaid is a third-party beneficiary of this Agreement, with all rights to enforce the provisions of this Agreement as if Plaid were a party to this Agreement.