Found Business Credit Card Cardholder Agreement

Last Updated: September 22, 2026

IMPORTANT ACCOUNT INFORMATION - PLEASE READ

PLEASE READ THIS FOUND BUSINESS CREDIT CARD CARDHOLDER AGREEMENT (“AGREEMENT”) CAREFULLY. AS SET FORTH BELOW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE “DISPUTE RESOLUTION” PROVISION CONTAINED IN THIS AGREEMENT. THIS AGREEMENT ALSO INCLUDES A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL. PLEASE READ THE “DISPUTE RESOLUTION” SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY US. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Payment Information Summary

All transactions made under the Monthly Repayment Feature (as defined below) of this Credit Card are due and payable at the end of each Billing Cycle. Transactions made under the Daily Repayment Feature (as defined below) are settled on a daily basis as described in this Agreement.

Fee Type	Monthly Repayment Feature	Daily Repayment Feature
Annual Fee	None	None
Late Payment Fee	2% of the unpaid balance per Billing Cycle	None. Late payment is not permitted.
New and Replacement Card Fee	$5 per Card	$5 per Card
Cash Advance Fee	5% of the transaction amount (minimum $10.00)	5% of the transaction amount (minimum $10.00)

1. Agreement

This Agreement sets forth the requirements for your participation in the Found Business Credit Card program (the “Program”) provided by Indie Technologies, Inc. (dba Found) (“Found”) and the terms that govern your use of the Found Business Credit Card (“Credit Card”). The Credit Cards are issued by Lead Bank, Member FDIC (the “Bank”), the financial institution responsible for extending credit to you pursuant to this Agreement. The terms “you” and “your” mean the entity and the Users authorized by you to use Credit Cards. The terms “we,” “us,” and “our” mean Bank and Bank’s successors, affiliates, assignees, and service providers. Bank has entered into an agreement with Found in which Found agrees to provide certain technology services to the Bank related to the Credit Cards and Card accounts (“Credit Account(s)”). Found is not a bank and your Credit Account is established and maintained by the Bank in coordination with Found through Found’s offerings.

Your Credit Account and Credit Cards are for commercial and business purposes only and are not permitted for any consumer use. You agree that all transactions made through your Credit Card, which include but are not limited to any payments, charges, cash advances and any other transactions, will be treated as business transactions made solely for business purposes. Your Credit Cards are credit cards that access a line of credit provided by the Bank. Your Credit Cards are not debit cards or prepaid cards.

The individual enrolling in the Program will be deemed the account administrator (“Administrator”) and will be responsible for managing your Credit Account, including managing how you and any authorized users use the Credit Cards. “You” and “your” refer to the business entity that establishes a Credit Account under this Agreement.

If you provide a Credit Card to an authorized user (“Authorized User”), you agree that you are responsible for ensuring that each Authorized User: (i) is authorized to act on behalf of your business; (ii) has read and agreed to comply with this Agreement; and (iii) will provide any additional information we may request about their use of the Credit Cards. You are liable for all transactions made by any Authorized User.

Use of your Credit Account remains subject to the Found Terms of Service as updated from time to time (the “Found Terms of Service”) and the Found privacy policy as updated from time to time (the “Found Privacy Policy”), and all other agreements between you and Found that apply to your use of products and services provided by Found, and all other Found features, technologies, and/or functionalities offered by Found on its website, in the mobile application hosted by Found (“Mobile App”), or through any other means. If there is a conflict between this Agreement and any other document or statement made to you concerning the Credit Account or the Credit Card, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Credit Account or the Credit Card, the separate terms and conditions applicable to that service or product will govern. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to them in the Found Terms of Service.

2. Program Features

The Program offers two distinct credit features that can be accessed through the Credit Card:

(a) Daily Repayment Feature. The Daily Repayment Feature is available to Found Plus and Found Pro users. Under this feature, your credit limit is based on the available balance of your Secured Account at any given time and adjusts dynamically as your Secured Account balance changes; and

(b) Monthly Repayment Feature. The Monthly Repayment Feature is available to Users who qualify under our internal underwriting criteria. Under this feature, you are provided a fixed additional credit line up to your applicable Monthly Repayment Limit (as defined below) as determined by Found from time to time.

3. Daily Repayment Feature

(a) Eligibility. The Daily Repayment Feature is available to Found Plus and Found Pro users in good standing. The Daily Repayment Feature is the default feature for the Credit Card and is available to all Users who are issued a Credit Account. Any User that receives a Credit Account will have the ability to use the Daily Repayment Feature.

(b) Credit Limit. Your credit limit when using the Daily Repayment Feature is based on the available balance of your Secured Account at any given time (“Daily Repayment Limit”). The Daily Repayment Limit is dynamic and adjusts automatically in real time as your Secured Account balance changes. Your Daily Repayment Limit will be displayed in the Mobile App.

(c) Daily Payments. The Payment Due Date (as defined below) for each Daily Repayment Feature transaction is the next Business Day following the day on which the transaction is made. We will collect the outstanding amounts owed pursuant to the Daily Repayment Feature by debiting your Secured Account.

(d) Collateral. Your Secured Account serves as collateral for the Daily Repayment Feature. You may not withdraw or transfer funds from your Secured Account to the extent that doing so would reduce your Secured Account balance below the amount of any outstanding Daily Repayment Feature holds or obligations. See Secured Account and Security Agreement section below for additional detail.

4. Monthly Repayment Feature

(a) Eligibility. The Monthly Repayment Feature is available to eligible Found Plus and Found Pro users. We may make the Monthly Repayment Feature available to you if you (i) have a Credit Account in good standing, (ii) are otherwise in compliance with this Agreement, and (iii) qualify under our internal credit policy. We determine eligibility in our sole discretion based on internal underwriting criteria, which may include your account history, transaction activity, Secured Account balance, and other factors determined by us from time to time. We will periodically review your Credit Account and may request additional information from you to assess your continued eligibility for the Monthly Repayment Feature and to establish or modify your Monthly Repayment Limit.

(b) Monthly Repayment Limit. Your Monthly Repayment Feature credit limit will be set by us based on our internal underwriting criteria (“Monthly Repayment Limit”). Your Monthly Repayment Limit is separate from, and in addition to, your Daily Repayment Limit. The Monthly Repayment Limit is subject to periodic review and may be modified at any time with or without notice to you, including temporary increases, decreases, or reductions.

(c) Billing Cycle and Payment Obligations. The Payment Due Date for Monthly Repayment Feature transactions shall be the Statement End Date for the Statement Period in which they occurred. You must pay the full outstanding Monthly Repayment Feature balance by the end of the applicable Payment Due Date. No interest is charged on your Monthly Repayment Feature balance; however, a late payment fee applies if you do not pay the full balance by the end of the Payment Due Date, and you fail to make such payment within five (5) days after the applicable Statement End Date.

(d) Credit Card Suspension for Non-Payment. If you do not pay the full outstanding Monthly Repayment Feature balance by the end of the applicable Payment Due Date, we reserve the right to suspend your use of the Credit Card and decline transactions until your outstanding balance is paid in full.

5. Order of Use; Available Credit

(a) Order of Use. Each time a transaction is made on your Credit Card, you access your applicable line of credit at the Bank. If you have an available Monthly Repayment Limit, it will be drawn upon first, before any hold is placed on or deduction is made from your Daily Repayment Feature. Only after your available Monthly Repayment Limit is exhausted will card transactions draw from your Daily Repayment Feature.

(b) Total Credit Limit. Your “Total Credit Limit” is the sum of your Daily Repayment Limit and your Monthly Repayment Limit (if applicable). This is the maximum amount of credit available to you across your Credit Account at any given time.

(c) Available Credit. Your Available Credit at any given time is equal to your Total Credit Limit minus: (i) the aggregate amount of any outstanding holds placed on your Secured Account for unpaid Daily Repayment Feature transactions; and (ii) the aggregate amount of any unpaid Monthly Repayment Feature transactions incurred and not yet paid. We may determine your Available Credit for the purpose of deciding whether to authorize a transaction at any time, including between the time you authorize a transaction and when we decide whether to allow it.

(d) Viewing Your Limits. You may view your limits at any time through the Mobile App. We will make reasonable efforts to provide accurate and up-to-date information, but there may be delays in reflecting new transactions, and we cannot guarantee the accuracy of the information displayed. You are responsible for tracking your Credit Account balance, Available Credit, and payments.

(e) Authorization. Our general practice is to decline transactions that would cause you to exceed your Total Credit Limit or Available Credit. If we choose, in our sole discretion, to honor any such transaction, you are immediately responsible for repaying us the excess amount in full, and such approval does not increase your credit limits.

(f) Important Disclosure. YOUR OBLIGATIONS TO REPAY US FOR ALL CREDIT CARD TRANSACTIONS AND OTHER OBLIGATIONS YOU INCUR UNDER THIS AGREEMENT ARE SECURED BY YOUR SECURED ACCOUNT. IF YOU DO NOT PAY US BACK WHEN PAYMENTS ARE DUE, WE WILL EXERCISE OUR SECURITY INTEREST AND APPLY FUNDS FROM YOUR SECURED ACCOUNT. FOR MONTHLY REPAYMENT FEATURE OBLIGATIONS, WE MAY ALSO COLLECT AMOUNTS OWED FROM YOUR FOUND ACCOUNT BALANCE, WHICH INCLUDES ALL POCKETS WITHIN YOUR DEPOSIT ACCOUNT AT THE BANK.

6. Use of Credit Account; ATMs

You may use your Credit Card and Credit Account to obtain cash advances at ATMs that honor such transactions. To protect you, we may limit the use of the Credit Account at our discretion, including implementing limitations on how much and how frequently you can use your Credit Card for cash advances from ATMs. In the event your ATM transaction is honored, applicable fees will be charged. We are not liable for the failure or refusal of a merchant, ATM, or other institution to honor your Credit Card. Although you may have credit available, we will not be liable for the failure to authorize credit due to operational difficulties or mistakes.

7. Authorization Holds

When you use your Credit Card to purchase goods or services from certain merchants — such as hotels, car rental agencies, or other merchants who estimate the final transaction amount in advance — the merchant may request pre-authorization from us in advance of the transaction. In the event of a pre-authorization request, we may place a hold on your Available Credit for up to 7 days for the amount of the request. This hold may reduce your Available Credit during the hold period.

In some cases, a merchant may request an extended pre-authorization, which may result in a hold on your Available Credit for up to 30 days. Merchants may request to increment the pre-authorized amount or extend the authorization period, resulting in additional or extended holds. For transactions drawn from the Daily Repayment Feature, pre-authorization holds will reduce the available balance of your Secured Account during the hold period. A pre-authorization hold on the Daily Repayment Feature will result in a freeze on funds in your Secured Account to the same extent as an authorization transaction — the frozen funds will not be available for withdrawal or transfer until the hold is released or the transaction is settled. We will not be responsible for any transactions that are declined as a result of a pre-authorization hold.

8. Statements and Billing Cycle

(a) Statement Period. Your monthly statement period (each, a “Statement Period”) will begin on, and is determined by reference to, the date on which you opened your Credit Account (the “Anchor Day”). If your Credit Account was opened on the 29th, 30th, or 31st of any month, your Anchor Day is deemed to be the 28th of each month for all purposes under this Agreement. Each Statement Period begins on the Anchor Day and ends on the day immediately preceding the next Anchor Day (the “Statement End Date”).

(b) Monthly Statements. We will make a monthly Credit Account statement (a “Statement”) available to you electronically through the Mobile App on or promptly after each Statement End Date. Statements are available for download at any time. We will not send paper statements unless required by applicable law.

(c) Statement Content. Each Statement will include all Credit Card transactions from the applicable Statement Period, including: (i) all Daily Repayment Feature transactions and corresponding daily settlements during the Statement Period; (ii) all Monthly Repayment Feature transactions and any applicable fees during the Statement Period; and (iii) any applicable payments. The Statement will also identify the Payment Due Date applicable for any outstanding Monthly Repayment Feature balance.

(d) Statements and Transaction Record. The monthly Statement Period applies to both the Daily Repayment Feature and the Monthly Repayment Feature. The monthly Statement provides a consolidated record of all daily settlements and other transactions during the Statement Period. The preparation of the monthly Statement does not affect the timing or amount of any daily Daily Repayment Feature settlement. In addition to Statements, we will endeavor to make daily updates to a transaction record displaying transactions and payments on your Credit Account, which you can view and (upon request) download from time to time.

9. Payments

(a) Payment Due Date. The “Payment Due Date” is the date on which the outstanding balance for applicable Credit Card transactions must be paid. The Payment Due Date for each Daily Repayment Feature transaction is the end of the next Business Day following the day in which the transaction is made. The Payment Due Date for Monthly Repayment Feature transactions shall be the Statement End Date for the Statement Period in which they occurred.

(b) Manual Payments. You may make a manual partial or full payment toward your Monthly Repayment Feature balance at any time before an applicable Payment Due Date by initiating a payment through the Mobile App. Making a manual partial payment before the Payment Due Date does not change your Payment Due Date or your obligation to pay the full remaining balance by the Payment Due Date.

(c) Debit Authorization. This section provides authorization to debit your Secured Account and your Found Account Balance for amounts you owe under this Agreement. Please read it thoroughly. In the event that any Daily Repayment Feature balance is not paid by the applicable Payment Due Date (or the first following Business Day, as applicable), we will debit your Secured Account for the full outstanding Daily Repayment Feature balance. In the event that any Monthly Repayment Feature balance is not paid by the applicable Payment Due Date (or the first following Business Day, as applicable), we will debit your Found Account Balance for the full outstanding Monthly Repayment Feature balance. As used in this Agreement, your “Found Account Balance” means the total amount of funds held in your deposit account at the Bank, including all Pockets.

You authorize us and our respective successors and assigns to collect amounts owed under this Agreement by debiting funds from your Secured Account (for Daily Repayment Feature obligations) and your Found Account Balance (for Monthly Repayment Feature obligations). If we or our respective assigns use the Automated Clearinghouse (ACH) network to debit your Secured Account or Found Account Balance, the debits will be governed by the rules established by the National Automated Clearinghouse Association (NACHA) for business-related ACH debits. We may initiate debits you have authorized in our name or in the names of our successors or assigns. You also authorize us to debit your Secured Account and your Found Account Balance immediately for the amount of your Credit Account balance and any other amounts you owe us before the Payment Due Date or at any other time during the Statement Period and without additional notice if: (i) your Secured Account balance falls below levels required by our underwriting criteria; (ii) you are unlikely to be able to pay your outstanding Monthly Repayment Feature balance at the Payment Due Date because you cease to exist, take action to dissolve or wind up your affairs, or voluntary or involuntary bankruptcy proceedings are filed by or against you, or a receiver or trustee is appointed for your benefit; (iii) you have breached this Agreement; or (iv) you or we close your Credit Account.

Our ability to collect from the Secured Account is a requirement for your use of the Daily Repayment Feature. You may revoke your ACH Authorization for payments or amounts owed in connection with the Monthly Repayment Feature only by providing us with at least 30 days’ written notice prior to the scheduled debit date. If you revoke your ACH Authorization for the Monthly Repayment Feature, you will forfeit the ability to use the Monthly Repayment Feature.

(d) Error Correction. You authorize us to debit or credit your Secured Account as necessary to correct processing errors, reverse returned or rejected payments, and address similar issues, to the extent permitted by law.

10. Fees

The fees applicable to your Credit Account are summarized in the Payment Information Summary at the beginning of this Agreement. You agree to pay any fees incurred in connection with your Credit Account, and authorize us to deduct applicable fees from your Secured Account or your Found Account Balance without separate notice to you.

We may change the fees applicable to your Credit Account at any time. Notices to you regarding such changes will be delivered electronically through the Mobile App or to the most recent email address we have on file for your Credit Account.

11. Reporting Errors

You must contact us within 60 days after an unauthorized transaction or error appears on your monthly Statement to report the error. The 60-day window runs from the date the applicable Statement is made available to you in the Mobile App. To stop a scheduled payment on an amount you believe is in error, you must contact us at least 3 Business Days before the scheduled payment date.

All notices of potential errors must be submitted in writing to us at the contact address provided in the Mobile App or delivered electronically through the Mobile App or to our email in the Contact section below. We will review the information provided in a commercially reasonable manner.

You understand that your Credit Account is commercial in nature. The Electronic Funds Transfer Act (Regulation E) and consumer financial protection laws do not apply to disputed transactions on your Credit Account. To avoid fees or other adverse consequences, you should pay any disputed charge while we investigate. If a dispute is resolved in your favor, we will credit the disputed amount to your Credit Account. By accepting this Agreement, you assign and transfer to Found and the Bank any rights and claims, excluding tort claims, that you may have against any merchant for any disputed transaction that is fully or partially credited to your Credit Account.

We are not responsible for any claim you may have regarding goods or services purchased with your Credit Card beyond what is described in this Section. Disputes with merchants must be resolved directly with the merchant in the first instance.

12. Secured Account and Security Agreement

(a) Role of the Secured Account. You are required to designate a Pocket (as defined in the Found Terms of Service) within your deposit account held at the Bank as the collateral account for your Credit Card (“Secured Account”). Your Secured Account is the specific Pocket you designate for this purpose through the Mobile App. Your Secured Account serves as collateral for the Credit Account. The Secured Account is your account; the funds in it remain your property until applied to satisfy your outstanding obligations under this Agreement.

(b) Security Interest. You hereby grant us a security interest in all right, title, and interest in your Secured Account and all funds and property now or hereafter on deposit in or credited to your Secured Account (collectively, the “Collateral”), to secure all present and future obligations you owe under this Agreement, including your obligation to pay for all transactions made through a Credit Card by you or any Authorized User (the “Security Interest”), whether held in a general or special account or deposit, or for safekeeping, or otherwise. The Security Interest is granted as of the date you enter into this Agreement and will continue until all of your obligations under this Agreement are satisfied in full. We may exercise every such security interest and right of setoff without demand or prior notice to you. No security interest or right of setoff will be deemed to have been waived by any act or failure to act on our part. Every security interest and right of setoff will continue in full force and effect until we specifically release it in writing.

(c) Right to Exercise Security Interest. You irrevocably and unconditionally grant us the right to apply funds from your Secured Account to satisfy any outstanding obligation under this Agreement, without prior notice or demand for payment. We may do this in addition to any other rights available to us under law or this Agreement. The application of your funds to satisfy your obligations will not affect your remaining obligation to pay us in full for all amounts owed.

(d) Legal Proceedings. You represent that: (i) there are no current lawsuits or bankruptcy proceedings that might affect our security interest in your Secured Account; and (ii) you have not and will not attempt to transfer or encumber any interest in your Secured Account except as provided in this Agreement. If any person seeks to attach or garnish your Secured Account, we may deem all amounts you owe us immediately due and payable and apply the funds in your Secured Account to satisfy those obligations. If we must engage legal counsel to defend or enforce our rights under this Section, you agree to pay our reasonable attorneys’ fees and costs, to the extent permitted by law.

13. Account Default and Credit Card Suspension

(a) Events of Default. Your Credit Account will be in default if any of the following occurs:

(i) any required payment is not made by the applicable Payment Due Date;

(ii) any required payment is rejected, reversed, or cannot be processed;

(iii) you exceed your Total Credit Limit;

(iv) you file, or become the subject of, a bankruptcy or insolvency proceeding;

(v) you are unable or unwilling to repay your obligations, including upon dissolution, winding-up, or legally declared incapacity;

(vi) you make any false, incomplete, or misleading statement to us or otherwise attempt to defraud us;

(vii) you fail to comply with any term of this Agreement or any other agreement with us;

(viii) you use your Credit Card for any unlawful purpose; or

(ix) your Secured Account is subject to legal garnishment, attachment, or other levy.

(b) Suspension or Closure for Risk. We may refuse to authorize any transaction or may close or suspend your Credit Account, any Credit Card, or features thereof at any time, with or without prior notice, if we believe in our sole discretion that you or your Credit Account present an unacceptable level of financial, reputational, or regulatory risk, including upon an Event of Default. We may condition the reactivation of your Credit Account, Credit Cards, or features thereof at any time upon payment in full of all amounts owed.

(c) Consequences of Default. If you are in default, we may, without prior notice unless required by law: (i) close or suspend one or more of your Credit Cards or your entire Credit Account; (ii) reduce your Total Credit Limit or Available Credit; (iii) demand immediate payment of the full Credit Account balance; (iv) apply funds from your Secured Account to satisfy your outstanding obligations; and (v) pursue any other action not prohibited by applicable law, including engaging legal counsel and charging you our reasonable attorneys’ fees and costs.

14. Rewards

You may be offered rewards in connection with your Credit Account. Any rewards program offered in connection with your Credit Account will be administered by Found. If you have questions about your rewards, please contact Found at help@found.com.

15. Compliance and Reporting

(a) KYC and BSA Compliance. To help the government fight the funding of terrorism and money laundering activities, U.S. federal law requires that we obtain, verify, and record information identifying your business and its beneficial owners (“Company Information”). We will provide your Company Information to the Bank and other third-party service providers as necessary for regulatory compliance. We may deny your application, suspend your Credit Cards or Credit Account, or close your Credit Account if your Company Information is out of date, incomplete, or inaccurate. You are responsible for notifying us promptly of any changes to your Company Information, including changes in beneficial ownership.

(b) Credit Reporting Authorization. We may exchange information about your Credit Account with business credit reporting agencies or other financial service providers we or Found may use when evaluating your eligibility or servicing your Credit Account. You authorize us to request credit reports on your Company and its principals in connection with your application for, and ongoing management of, the Program.

(c) Reporting to Business Credit Bureaus. We may report your repayment history and Credit Account activity to major business credit bureaus or share such information with third parties, including partners or other financial service providers, subject to applicable law. Late payments, missed payments, or other defaults on your Credit Account may be included in the information we share and may be reflected on your business credit report. If you believe we have reported inaccurate or incomplete information about your Credit Account to a business credit bureau, you have the right to file a dispute with that bureau. You may also submit a dispute directly to Found through the Mobile App or using the contact information below.

16. Authorized Users

You may be able to add Authorized Users to the Credit Account or provide Authorized Users with a Credit Card, provided that, in each case, they are approved by Bank and satisfy the Bank’s BSA/AML compliance requirements. When you add someone as an Authorized User, that person has permission to make purchases and conduct activity on your Credit Account. You can add Authorized Users using the Mobile App or by contacting help@found.com. If you elect to assign an Authorized User a Credit Card, they will be provided a Credit Card with their name on it, and they will be permitted to initiate transactions in accordance with this Agreement.

You are responsible and liable for all transactions initiated and all fees incurred through the use of any Credit Card by any Authorized User. You are responsible for their activity on the Credit Account. As principal Account holder, you are the only one legally liable for any transactions or purchases made on the Credit Account. Any agreement you may have with the Authorized User for reimbursement does not affect your liability. It is your Credit Account and your responsibility.

If you or any Authorized User permits another person to have access to a Credit Card or Credit Card number, we will treat all transactions made by that person as authorized, and you will be liable for all resulting transactions and fees, even if they exceed the scope of any authorization you granted.

An Authorized User’s Credit Card may be canceled through the Mobile App at any time. Cancellation will be effective after a reasonable period for processing.

17. Credit Card Requests and Activation

Administrators may request virtual or physical Credit Cards for Users by logging in to the Mobile App. We may refuse to issue any requested Credit Card in our sole discretion. Credit Cards are non-transferable, and we have the right to cancel, revoke, or suspend any Credit Card at any time without notice. A fee in the amount of $5.00 may be imposed for each Credit Card.

To activate a Credit Card, log in to the Mobile App and follow the Credit Card activation instructions, or follow the instructions you received with your Credit Card. Please sign the signature panel on the back of the Credit Card as soon as you receive it (if applicable). You may request a replacement Credit Card by logging in to the Mobile App. Every Credit Card we issue to you under your Credit Account remains our property, and you agree to destroy any Credit Card and to discontinue its use upon our request. Additional limitations on the number of Credit Cards we will issue to you in connection with your Credit Account are set forth in your Credit Account.

18. Closing and Restricting Your Account

(a) You May Close Your Account. You may request to close your Credit Account at any time for any reason by contacting Found through the Mobile App. We are not required to close your Credit Account if you have pending transactions or an outstanding Credit Account balance. We may continue to process pending transactions and will require payment in full of all outstanding balances before your Credit Account is formally closed.

(b) We May Close Your Account. We may close or suspend your Credit Account or any Credit Card at any time, for any reason, with or without prior notice. We may also refuse to authorize any transaction if we believe, in our sole discretion, that you or your Credit Account present an unacceptable level of financial, reputational, or regulatory risk. Your Credit Account will also be closed upon the closure of your Secured Account or upon termination of the Found Terms of Service. We will have no liability to you for any action we take under this Section.

(c) Rules for Closing. We may restrict your Credit Account in preparation for closing the Credit Account, prohibit further transactions, and dishonor items presented for payment after restriction is imposed. This Agreement will survive the closing of your Credit Account, and you remain responsible for all obligations incurred prior to or in connection with closing. After your Credit Account is closed, we have no obligation to accept or process new transactions.

(d) Blocking and Delaying Transactions. We may decline, freeze, reverse, or delay any transaction to or from your Credit Account or Credit Card in our sole discretion, including if: (i) we suspect illegal activity, fraud, or financial exploitation; (ii) your Credit Account is subject to a legal or administrative proceeding; (iii) we receive conflicting instructions or information regarding your Credit Account; (iv) we are complying with Applicable Law or internal compliance policy; or (v) we reasonably believe that doing so is necessary to avoid or reduce the risk of loss to us or you.

19. Representations and Warranties

You represent and warrant, as of the date you accept this Agreement and each day you use your Credit Account, that:

(a) your business is duly organized, validly existing, and in good standing under the laws of your jurisdiction of organization;

(b) you have the organizational power and authority to execute, deliver, and perform this Agreement;

(c) this Agreement has been accepted by an authorized control person acting on behalf of your business and constitutes your legal, valid, and binding obligation;

(d) accepting this Agreement and making charges does not conflict with your organizational documents, any material agreement to which you are a party, or any applicable order, judgment, or law;

(e) you are not and will not become subject to any U.S. Office of Foreign Asset Control list or any other list of sanctioned persons or entities that would prevent us from providing Credit Cards or services to you;

(f) you are in compliance with all applicable federal, state, and local laws and regulations, and the rules and regulations of the Mastercard payment network;

(g) you are solvent and not contemplating bankruptcy or insolvency proceedings; and

(h) all Company Information and other information you have provided to us is accurate, complete, and current in all material respects.

20. Dispute Resolution

This Dispute Resolution provision (this “Dispute Resolution Provision”) sets forth the circumstances and procedures under which Claims (as defined below) will be arbitrated instead of litigated in court upon the election of either party. Neither you nor we will have the right to: (1) have a court or a jury decide the dispute; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action in court or in class arbitration; or (4) join or consolidate a claim with claims of any other persons. Arbitration procedures are simpler and more limited than rules applicable in court. The decision of the arbitrator is final and binding.

As used in this Dispute Resolution Provision, the term “Claim” means any claim, dispute, or controversy between you and us, arising from or relating to the Credit Card, Credit Account, or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Dispute Resolution Provision or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, crossclaims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (1) your Credit Card or Credit Account; (2) advertisements, promotions or oral or written statements related to the Credit Account, goods or services purchased with the Credit Card; (3) the benefits and services related to the Credit Account; and/or (4) your enrollment for any Credit Card. We will not elect to use arbitration under the Dispute Resolution Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court will be pursued only in arbitration. “Claim” will not include any services provided by Found pursuant to its Terms of Service, and any dispute related to the Found Terms of Service or services provided thereunder is to be governed by the Found Terms of Service. As used in this Dispute Resolution Provision, the terms “we” and “us” will for all purposes mean the Bank, Found, their respective wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and all of their agents, employees, directors and representatives. In addition, “we” or “us” will include any third party using or providing any product, service or benefit in connection with any Credit Account (including, but not limited to merchants who accept the Credit Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Dispute Resolution Provision, the terms “you” or “yours” will mean all persons or entities approved by us to have and/or use a Credit Card, including but not limited to all persons or entities contractually obligated under this Agreement.

NEITHER YOU NOR WE ARE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. FURTHER, NEITHER YOU NOR WE HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT, SUBJECT TO THE EXCLUSION FOR SMALL CLAIMS COURT SET FORTH ABOVE, OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA.

Any Claim will be resolved, upon the election by you or us, by arbitration pursuant to this Dispute Resolution Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you will have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (1) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (2) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

If either party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis. There is no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other account holders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Any arbitration hearing that you attend will take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

This Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration will be governed by the applicable United States Code (the “Applicable Code”), except that (to the extent enforceable under the FAA) this Dispute Resolution Provision will control if it is inconsistent with the Applicable Code. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law and, at the timely request of either party, will provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator will not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the Applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be at the sole discretion of the arbitrator who will notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator will take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which will consider anew any aspect of the initial award objected to by the appealing party. The appealing party will have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal will be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to the Applicable Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel will be by majority vote and will be final and binding.

This Dispute Resolution Provision will survive termination of your Credit Account, this Agreement and any bankruptcy by you or us. If any portion of this Dispute Resolution Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it will not invalidate the remaining portions of this Dispute Resolution Provision, this Agreement or any prior agreement you may have had with us, each of which will be enforceable regardless of such invalidity.

21. Communications, Statements, and Notices

(a) Electronic Communications. You agree to receive all legal disclosures, Credit Account notices, Statements, and other communications from us electronically, through the Mobile App or to the most recent email address on file for your Credit Account. Notices are deemed delivered on the date we make them available electronically. Your Credit Account is an electronic account, and consent to electronic communications is a condition of opening and maintaining your Credit Account.

(b) Change in Contact Information. You must promptly notify us of any change to your business name, mailing address, email address, or telephone number. Any notice we send to the most recent contact information on file will be binding on you. We may update your address if we receive notification of a change from the U.S. Postal Service or a comparable address-correction service.

(c) Telephone Communications. We may record and monitor our telephone communications with you for training and quality assurance purposes. When you provide us with your mobile telephone number, you consent to receive informational and service-related calls and text messages from us or our service providers regarding your Credit Account. Message and data rates may apply.

(d) Notices to You. Notices we send to any owner of your Credit Account are effective as to all owners and Authorized Users. We are not responsible for notices that are not received due to outdated contact information in our records.

(e) Contacting Us. You may contact us with any questions or concerns regarding your Credit Account or Credit Card by email at help@found.com.

22. General Terms

(a) Information Security. You are responsible for protecting your Credit Card(s), Credit Card numbers, CVV, PIN, Credit Account login credentials, and all other Credit Card security features. Do not share your login credentials with any unauthorized person. Notify us immediately through the Mobile App if you believe your Credit Account has been accessed without your authorization.

(b) Assignment. Your rights and obligations under this Agreement are personal and may not be assigned or transferred, voluntarily or by operation of law, without our prior written consent. This Agreement will be binding on your successors, executors, administrators, and permitted assigns.

(c) Changes to This Agreement. We may change any terms or conditions of this Agreement at any time. We will provide at least 7 days’ advance electronic notice of changes to non-fee terms, and at least 30 days’ advance electronic notice of changes to fees. Your continued use of your Credit Card or Credit Account after the effective date of any change constitutes your acceptance of the revised terms, whether or not you have reviewed them.

(d) Change of Issuer or Program Manager. We may, from time to time and with prior notice to you, change the Bank that issues your Credit Card or the entity that acts as Program Manager.

(e) Governing Law. This Agreement is governed by the internal laws of the State of Missouri, without regard to its conflict of laws principles. When federal law applies, federal law will govern.

(f) Jury Trial Waiver. YOU AND WE HEREBY KNOWINGLY AND VOLUNTARILY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY OF ANY DISPUTE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THIS AGREEMENT OR YOUR CREDIT ACCOUNT.

(g) Legal Actions. You must bring any claim against us within 2 years after the cause of action arises, unless applicable law provides for a shorter limitation period. You agree that any claim against us must be brought in your individual capacity and not as part of any class or representative proceeding, except as otherwise expressly provided in the Dispute Resolution provision.

(h) Limitation of Liability. We and Found, and our respective service providers, agents, officers, directors, and employees (collectively, “Indemnified Parties”), will not be liable for any consequential, indirect, special, punitive, or exemplary damages, lost profits, or lost revenues, regardless of whether we were advised of the possibility of such damages. Our maximum total liability to you under this Agreement will not exceed $100, except as otherwise required by applicable law. Nothing in this Section limits the Bank’s duty, if any, to act in good faith and with ordinary care as required by applicable law.

(i) Indemnification. You agree to defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of or access to the Credit Card and your Credit Account; (ii) your violation of any term of this Agreement; (iii) your violation of any applicable law or regulation; (iv) your intentional misconduct; or (v) any other party’s access to and use of any Credit Card authorized by you.

(j) Legal Actions Affecting Your Account. If we are served with a subpoena, restraining order, writ of attachment, levy, garnishment, search warrant, or similar order relating to your Credit Account, we will comply with that legal action and may freeze your Credit Account and suspend use of your Credit Card until a final court determination is made. We may charge any fees or expenses we incur in responding to legal action against your Credit Account.

(k) No Waiver. Our failure to exercise any right under this Agreement will not constitute a waiver of that or any other right. All rights remain enforceable.

(l) Severability. If any provision of this Agreement is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and all remaining provisions will continue in full force and effect.

(m) Entire Agreement. This Agreement, together with any applicable Fee Schedules and the Found Terms of Service, constitutes the entire agreement between you and us with respect to your Credit Account and supersedes all prior agreements and understandings regarding its subject matter.