Terms for Digital Wallet Services

These Terms for Digital Wallet Services (the “Terms”) apply when you choose to add a prepaid
card issued by Sutton Bank (“Card”) to a Digital Wallet (“Digital Wallet”). In these Terms, “you”
and “your” refer to the Cardholder and “we,” “us,” and “our” refer to Sutton Bank, member FDIC.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE CREATING, ACTIVATING

OR USING YOUR CARD IN THE DIGITAL WALLET, BECAUSE BY DOING SO, YOU
ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CREATE, ACTIVATE OR
USE A CARD IN A DIGITAL WALLET.

1. Adding Your Card.

You can add an eligible Card to the Digital Wallet by following the instructions of the Digital
Wallet provider. Only Cards that we indicate are eligible can be added to the Digital Wallet. If
your Card or underlying account is not in good standing, then your Card will not be eligible to
enroll in the Digital Wallet or may be removed. When you add a Card to the Digital Wallet, the
Digital Wallet allows you to use the Card to enter into transactions where the Digital Wallet is
accepted. The Digital Wallet may not be accepted at all places where your Card is accepted.

2. Terms that Apply.

The terms of service for your Card account (“Cardholder Agreement") do not change when you
add your Card to the Digital Wallet and these Terms do not amend or supersede such agreements.
You understand that the Digital Wallet simply provides another way for you to make purchases
with the Card and that your existing agreements or terms of service may provide for limitations
and restrictions which might impact your use of the Digital Wallet, and you agree to be solely
responsible for all such limitations and restrictions.

We do not charge you any additional fees for adding your Card to the Digital Wallet or using your
Card in the Digital Wallet. However, the Digital Wallet provider and other third parties, such as
wireless companies or data service providers, may charge you fees (for example, your mobile
service carrier may impose data usage or text message charges for your use of or interaction with
the Digital Wallet).

3. We are Not Responsible for the Digital Wallet.

We are not the provider of the Digital Wallet, and we are not responsible for providing the Digital
Wallet service to you. We are only responsible for supplying information securely to the Digital
Wallet provider to allow usage of the Card in the Digital Wallet. We are not responsible for any
failure of the Digital Wallet, or the inability to use the Digital Wallet for any transaction. We are
not responsible for the performance or non-performance of the Digital Wallet provider or any other
third parties regarding any agreement you enter into with the Digital Wallet provider or associated
third party relationships that may impact your use of the Digital Wallet.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF DIGITAL WALLET
IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ANY DIGITAL WALLET IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE",
WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT
WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO ANY DIGITAL WALLET, EITHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS. WE ALSO DO NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF ANY DIGITAL WALLET, OR THAT THE
FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A
DIGITAL WALLET WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR
AVAILABILITY OF A DIGITAL WALLET WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS IN A DIGITAL WALLET WILL BE CORRECTED. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY US, ANY OF OUR AUTHORIZED
REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.

4. Contacting You Electronically and by Email.

You consent to receive electronic communications and disclosures from us in connection with
your Card and the Digital Wallet. You agree that we can contact you by email, phone, SMS or app,
subject to your notification preferences adjustable in your Card account in the app or on the web.
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.

5. Suspension and Removal of a Card from Digital Wallet.

We reserve the right to discontinue offering or supporting the Digital Wallet for any reason and
we can block a Card in the Digital Wallet from purchases at any time. Unauthorized use of the
Digital Wallet, including, but not limited to, unauthorized entry into the Card account systems,
misuse of passwords or misuse of any other information, is strictly prohibited and will result in
suspension and/or termination of your use of the Digital Wallet. You may not use the Digital
Wallet in any manner that could damage, disable, overburden, or impair the service, we may block,
restrict, suspend or terminate your use of the Digital Wallet at any time without notice and 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 the Digital Wallet.

You should contact the Digital Wallet provider on how to remove a Card from the Digital Wallet.

6. Governing Law and Disputes.

These Terms are governed by federal law and, to the extent that state law applies, the laws of the
state that apply to the agreement under which your Card is covered. Disputes arising out of or
relating to these Terms will be subject to any dispute resolution procedures in your terms of service
for your Card account.

7. Ending or Changing these Terms; Assignments.

We can terminate these Terms at any time. We can also change these Terms, or add or delete any
items in these Terms, at any time. We will provide notice if required by law and will indicate that
changes to these Terms have been made by updating the date indicated after "Last Modified:" at
the end of these Terms. We can also assign these Terms. You cannot change these terms, but you
can terminate these Terms at any time by removing all Cards from the Digital Wallet. You may
not assign these Terms. If you do not accept any revisions made to these Terms, your sole and
exclusive remedy is to cancel your use of and delete any Cards from all Digital Wallets.

8. Privacy.

Your privacy and the security of your information are important to us. The Sutton Privacy Policy
(available online at https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-
1218.pdf) applies to your use of your Card in the Digital Wallet.

You agree that we may share your information with the Digital Wallet provider, a payment
network, and others in order to provide the services you have requested, to make information
available to you about your Card transactions, and to improve our ability to offer these services.
This information helps us to add your Card to the Digital Wallet and to maintain the services
Digital Wallet. You agree that the personal information you provide when loading your Card into
the Digital Wallet will be shared with the Digital Wallet provider and us. When you use the Card
within the Digital Wallet, you will share transaction information with the Digital Wallet provider
in addition to us. We do not control the privacy and security of your information that may be held
by the Digital Wallet provider and that is governed by the privacy policy given to you by the
Digital Wallet provider.

9. Security.

You are solely responsible for maintaining the confidentiality of your passwords, login ID, and
any other credentials or means that you may use from time to time have to access the Digital Wallet
application. If you share these credentials with any other person, they may be able to use your
Card(s) added to Digital Wallet and get access to your personal and payment information available
through the Digital Wallet services. You should keep your supported Digital Wallet device and
these credentials secure in the same manner as you would keep your cash, checks, credit cards,
and other personal identification numbers and passwords secure.

Refer to the contact information contained in the Cardholder Agreement and printed on the back
of the physical Card if you believe your supported Digital Wallet or your credentials have been
lost or stolen or someone has used or may use your supported Digital Wallet device or your
credentials without your authorization. Also change your credentials immediately to avoid any
unauthorized use of Digital Wallet or of your personal information. If you get a new supported
Digital Wallet device, please be sure to delete all your Cards and other personal information from
your prior supported Digital Wallet device.

The Digital Wallet provider may contemplate certain security features and procedures to protect
against unauthorized use of any of your Card(s) in the Digital Wallet. These features and
procedures are the sole responsibility of the Digital Wallet provider. You agree not to disable any
of these security features and to use these security features and procedures to safeguard all your
Cards added to Digital Wallets.

10. Indemnification.

BY ACCESSING THIS DIGITAL WALLET, YOU AGREE TO INDEMNIFY, DEFEND AND

HOLD US, OUR AFFILIATES, AND THIRD PARY PROVIDING ANY PRODUCT,
SERVICES, OR BENEFIT IN CONNECTION WITH THE CARDS, HARMLESS FROM AND
AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION,
JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF
DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS)
ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS; (B) YOUR
VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR
REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF
THE DIGITAL WALLET;(D) INFORMATION OR MATERIAL POSTED OR
TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT
SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) THE THEFT,
MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; (G) YOUR
AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL
COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN OUR DEFENSE OF ANY
CLAIM. 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 YOU SHALL NOT, IN ANY EVENT, SETTLE ANY
MATTER WITHOUT OUR WRITTEN CONSENT.

11. Notices.

We can provide notices to you concerning these Terms and your use of a Card in the Digital Wallet
by posting the material on our website, through electronic notice given to any electronic mailbox
we maintain for you or to any other email address or telephone number you provide to us, or by
contacting you at the current address we have on file for you.

12. 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 Card, refer to the contact information in the Cardholder Agreement or
printed on the back of the physical card.

These Terms were last updated August, 2020.