5. ACH TRANSFERS
   

   1. ACH transfers are subject to the NACHA Operating Rules. You agree to comply with these rules and applicable law for any ACH transaction you participate in. You authorize us to submit ACH transfers on your behalf, initiated through the App.

   2. Types of ACH transfers available you may arrange with another party, such as your employer, to electronically deposit funds on a one-time or recurring basis into your Taptap Send Wallet .

6. FUNDS AVAILABILITY

   1. We make funds available according to the type of deposit and when the funds are applied or credited to your Taptap Send Wallet . Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your Taptap Send Wallet , you may not withdraw those funds, and we will not use them to pay any debits, such as card payments. We have the right to refuse any deposit.

   2. If you make a deposit before 2:00 pm PT on a Business Day, we will consider that day to be the day of your deposit. If you make a deposit at or after 2:00 pm PT on a Business Day or non- Business Day, we will consider the deposit as made on the next Business Day. We will make funds from wire transfers or other electronic payments available on the later of the Business Day received or the effective date of the transfer or payment.

7. CARD

   1. You can order a digital card separately or in addition to a physical card. Your digital card will have a different set of card details from your physical card, but will draw from your Taptap Send Wallet in the same manner. Your digital card is activated instantly and can be used right away.

   2. The Card is not a guarantee card, charge card, gift card, or credit card. It is not for resale. The Card will remain the property of the Bank and must be surrendered upon demand. The Card is non-transferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law.

   3. If you receive a physical Card, please sign the back of it as soon as you receive it and keep it safe. We may provide you with or allow you to choose a personal identification number (“PIN”).

   4. The Card is a debit product, issued by us. It can be used to pay for goods and services online, over the phone by providing information such as your card details (e.g. name, address, CVC, 16 digit card number). You can also use your Card to pay in person.

   5. The Card is funded by your Taptap Send Wallet balance. Each time you use your Card to purchase goods or services, obtain cash or initiate another type of funds transfer authorized by this Agreement, you authorize us to reduce your Taptap Send Wallet balance by the transfer amount. If you try to make a Card transfer that exceeds the total balance of your Taptap Send Wallet, the transfer will be declined.

   6. You agree that using your Card to make a payment means you authorize the transaction. It is your responsibility to keep your Card safe. Never let another person use your Card. You must always keep your Card Security Details private.

   7. If your Card details change you must inform any merchants with whom you have recurring transferor stored credentials.

   8. You agree to contact us as soon as you suspect or know of:

      1. a security risk to your Card; or

      2. an Unauthorized Transfer on your Card.

   9. You may not be protected from liability if we find that you have participated, or have been fraudulent or negligent in handling your Card or its Security Details, or unreasonably delayed telling us.

   10. If you make a Card payment during a Business Day, the transaction will be debited from your Taptap Send Wallet by the end of the next Business Day. If you make a Card payment outside Business Day hours, your transaction will be debited from your Taptap Send Wallet by the end of the next Business Day after your transaction.

   11. When you make a Card payment or withdrawal in a non-USD currency, we will debit your Taptap Send Wallet in that currency if you already hold it. If you don’t hold the currency of your transaction, we will first debit and convert any USD funds and convert them to the currency of your purchase. If you do not hold any or enough USD in your Wallet, we will use the currencies that you do have for your transaction. If you are making a payment or withdrawal in a currency we do not support, we will convert the amount at the current Visa rate.

   12. Your Card spend is subject to limits which are set out on the App. If you try to spend beyond a limit applicable to you, your transaction will be declined.

   13. We are not liable for any goods or services that you pay for with the Card, nor for any losses arising from a merchant being unable or refusing to accept your Card.

   14. You can request a chargeback from us if you have been unable to resolve a dispute about a transaction with the merchant directly. We will investigate your chargeback request and decide whether or not to process any chargeback depending on the circumstances and in accordance with the rules set by Visa.

   15. Your Card will remain valid only until its expiry date. We will notify you in plenty of time before renewing your expiring Card. You have the right to object to any such renewal if you would like your Card to remain deactivated after expiry, by contacting using “Support” in the App.

   16. You may cancel your Card at any time through the App.

   17. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. Any disputes or issues with any goods or services you purchase with your Card should be addressed to the merchants or individuals from whom the goods and services were purchased.

   18. You may not receive cash refunds for Card transactions. If a merchant credits you for merchandise returns or adjustments, the merchant may do so by processing a credit adjustment. We will adjust your Taptap Send Wallet balance after we process a credit adjustment.

8. LIMITATIONS ON SERVICE ACCESS

   1. Limits

      1. You agree that we may apply limits to the amount you can a) load onto your Taptap Send Wallet; b) use your Card. Your Card may not be usable at specific merchants with limited merchant codes.

      2. We may place limits either on a per transfer basis or on an aggregate basis.

      3. To obtain the most current limits please contact us using the App.

   2. Delays. We may delay or suspend a Service including (but not limited):

      1. to verify your identity to respond to any security alerts which we receive in relation to your use of the Services;

      2. to validate your Payment Instruction;

      3. due to a service provider system outage;

      4. due to a Taptap Send system outage or instruction; or

      5. otherwise to comply with applicable law.

   3. Suspension. We may refuse any request to load or refund funds to/from your Taptap Send Wallet , or suspend your use of the Services if we believe that:

      1. it would put you over any applicable limits;

      2. it would break this Agreement;

      3. it is unauthorized (e.g. someone else is trying to use the Services without your permission);

      4. it is fraudulent (including where we suspect that you may be a victim of a scam);

      5. you may be acting illegally; or

      6. we are required to do so by law.

   4. We will generally inform you before or immediately after refusing a Payment Instruction or suspending your use of the Services, and provide our reasons for doing so. However, we will not provide reasons or any information if doing so is against the law or would compromise our security measures.

9. YOUR RIGHTS WHEN THERE IS ARE ISSUES WITH A TRANSACTION
   

   1. If you think someone has accessed your Taptap Send Wallet using your Security Details or there is an error you must tell us immediately by calling 1 (833) 916-0670 emailing us at support@taptapsend.com, or writing to us at 228 Park Ave S., Suite 87488, New York, NY 10003-1502.

   2. Unauthorized Transfers

      1. If you tell us within two (2) Business Days of learning of the misuse of your Security Details you can lose not more than $50 or the total amount of Unauthorized Transfers that took place before you told us of the issue if it is less than $50.

      2. If you do not tell us within two (2) Business Days after learning of the misuse of your Security Details, and we can prove we could have stopped Unauthorized Transfers that occurred as a result, you could lose up to $500.

      3. If you see an Unauthorized Transfer that appears on your Transaction History you must tell us within 60 days of getting access to the Transaction History. If you do not tell us within 60 days after you have access to the Transaction History, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

      4. You agree to cooperate with us completely in our attempts to recover funds from unauthorized users and to assist in their prosecution. The Bank may issue a replacement Card, but only after you have provided such proof and security or indemnification as the Bank may require. You acknowledge that the Bank may have to deactivate your Card and Taptap Send Wallet to prevent future losses.

   3. Errors

      1. In case of errors or questions about your electronic transfers, contact us using the details in the Contact Us section as soon as you can, if you think your Transaction History or receipt is wrong or if you need more information about a transfer listed on the Transaction History or receipt. We must hear from you no later than 60 days after the problem or error FIRST appeared on your Transaction History.

      2. You will need to tell us:

         • Tell us your name, address, phone number and Taptap Send Wallet number or Card number.

         • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

         • Tell us the dollar amount of the suspected error.

      3. If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.

      4. We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your wallet within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your wallet.

      5. These timelines may be longer (up to twice as long) if you opened your Taptap Send Wallet in the last 30 days.

      6. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation and debit your wallet for the temporarily credited amount. You may ask for copies of the documents that we used in our investigation through one of the methods listed above.

   4. Refunds

      1. We will refund a transaction if required by law.

      2. We may refuse your request for a refund if we can show that you have acted fraudulently; you intentionally or with gross negligence did not take all reasonable steps to keep your Security Details secret; the transfer recipient received the money; or there was a mistake in the Payment Instruction (e.g. the recipient’s wallet details) which you gave us.

      3. If we have executed the transfer consistent with your Payment Instruction, and that information turns out to have been incorrect, we are not responsible for the error. We will make reasonable efforts to recover the funds for you.

      4. Refunds will be credited automatically to the Taptap Send Wallet .

      5. You may only receive refunds on Card payments in the currency you used to pay. If you have used your Card to pay in a currency which you do not hold in a Wallet, we will convert the amount at the Visa exchange rate and credit this to your Wallet in its currency. The rate changes daily and the amount credited may not be the same amount that you originally spent.

10. WHAT WE ARE RESPONSIBLE FOR
    

    1. We agree to provide the Services to you using reasonable care. You acknowledge that the Services may not be available, in whole or in part, in certain regions, countries, or jurisdictions. Unless otherwise specified or required by law, we do not assume any fiduciary obligation on your behalf.

    2. Subject to applicable law and at our request, you agree to defend, indemnify, and hold harmless the Bank, Taptap Send, and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

    3. Where we have materially breached this Agreement causing a loss to you, we will refund you the transaction amount and any Service Fee charged. You may also be entitled to your attorneys’ fees and the costs of pursuing the dispute. Any claim for compensation made by you must be supported by any available relevant documentation. Except to the extent otherwise provided by law, we expressly limit our liability for that loss to the greater of: (i) the amount of any service fee that was paid to us; and (ii) $500. This liability cap applies to any single transfer, act, omission or event and to any number of related transfer, acts, and omissions or events.

    4. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and service providers in the offering of the Taptap Send Wallet and Card, and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Taptap Send Wallet , Card, any products or services purchased using the Taptap Send Wallet, or this Agreement (as well as any related or prior agreement that you may have had with us).

    5. We do not warrant that Taptap Send’s website or App will be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes, and armed conflicts. We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems or systems and software utilized by you to initiate or process banking transactions, whether such transactions are initiated or processed directly with our systems or through a third party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to do so accurately.

    6. To the extent we control it, if we don’t complete a transfer instructed in accordance with this Agreement on time or in the correct amount, we will be responsible for your losses or damages. However, we will not be responsible if:

       1. you do not have enough money in your Taptap Send Wallet to make the transfer;

       2. the ATM where you are making a withdrawal does not have enough cash;

       3. the ATM or system was not working properly and you knew about the breakdown when you started the withdrawal;

       4. the merchant refuses to accept your Card or provide cash back;

       5. any failure to perform the Service as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances outside our reasonable control, which may for example include delays or failures caused by problems with another system or network (including those of our Taptap Send), mechanical breakdown or data-processing failures;

       6. for preauthorized electronic fund transfers, third-party data was not timely received or was incomplete or erroneous or a transfer recipient has died;

       7. we have placed a hold on your Card after it was lost or stolen or we suspect that the transfer is unauthorized;

       8. if there is a hold or your funds are subject to legal process or other encumbrance restricting their use;

       9. us meeting our obligations under any applicable laws, rules, or regulations;

       10. if an employee of a network did not properly transmit information to us; or

       11. Other exceptions stated in our agreements with you are relevant.

    7. Notwithstanding anything in this Agreement to the contrary, we shall not be liable under any theory of tort, contract, unjust enrichment, strict liability or other legal or equitable theory for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is excluded by us, regardless of whether or not we had foreseen, or could have foreseen, or has been advised of, the possibility of such damages. For the avoidance of doubt, nothing in the preceding sentence limits the monetary remedies you are otherwise entitled to under the Electronic Funds Transfer Act.

11. CHANGES TO THE AGREEMENT

We may at any time change, delete or add new terms to this Agreement. In the event that such a change has a material impact on you and/or your use of the services, we will provide you with not less than 21 days’ notice of any such change. If you continue to use our services, you will be deemed to have agreed to the changes. If you are unwilling to agree to an amendment, you have the right to close your Taptap Send Wallet prior to the amendment taking effect.

You can access the most recent version of this Agreement in the App.

12. ENDING THE AGREEMENT
    

    1. This Agreement will continue until you or we end it.

    2. You can end this Agreement at any time free of charge by contacting us in writing (by email) at the details in the About Us section.

    3. We can end this Agreement and your access to the Services at any time, with two (2) months’ notice.

    4. We can end this Agreement and your access to the Services immediately if:

       1. we reasonably believe you are using the Services fraudulently or illegally;

       2. we are required to do so by applicable law, regulation, court order or regulator instructions;

       3. if you withdraw your consent to receive any required notices from us electronically;

       4. if you haven’t given us any information we need, or we reasonably believe that information you have provided is incorrect or not true; or

       5. if you have broken this Agreement in a serious or persistent way, and you haven’t put the matter right within a reasonable time of us asking you to.

    5. Any recurring payments or withdrawals from your Taptap Send Wallet such as bill payments, must be canceled before you request to close your Taptap Send Wallet . Otherwise, they may be returned unpaid. After your Taptap Send Wallet is closed, we will not accept deposits or process transaction instructions. We have the right to advise consumer reporting agencies and other third-party reporting agencies of accounts closed for misuse.

    6. We will inform you if we end the Agreement immediately as soon as we can, if the law allows.

    7. When this Agreement ends, we will stop processing any new payments and seek to refund any amounts held in your Taptap Send Wallet . We will continue processing instructions that were submitted and are still pending when the Agreement ends. Your payment obligations to us will continue after the Agreement ends.

    8. We may consider your Taptap Send Wallet to be “inactive” if you have not initiated activity on the account for 365 days. If your Taptap Send Wallet is in inactive status for an additional 365 days, we may consider it to be “dormant”, at which time we may close your account. We may tender to you the balance in your Taptap Send Wallet, less any amounts owed to us, by sending funds to your linked external account or mailing a check to the most recent address we have for you in our records. State laws may require us to transfer the balance on your inactive Taptap Send Wallet to a state agency, to which you may file a claim to recover the funds. If your Taptap Send Wallet is closed for any reason, we will hold back enough money to cover any payments you approved or money you owed us before your account was closed.

13. HOW YOUR MONEY IS PROTECTED

Taptap Send is not a bank and does not hold deposits itself. Taptap Send Wallet s are provided by Lead Bank Member FDIC. The FDIC insures deposits up to $250,000 per depositor, per insured bank, for each account ownership category, based on deposit insurance rules. Register your Taptap Send Wallet for FDIC insurance eligibility and other protections for your U.S. dollar (“USD”) funds. Once held in a Taptap Send Wallet , your USD funds are insured up to $250,000 by the FDIC in the event Lead Bank fails, if specific deposit insurance requirements are met, and your wallet is registered. See fdic.gov/deposit/deposits/prepaid.html for details.

14. COMPLAINTS / COMPENSATION
    

    1. If you have a complaint regarding an error, such complaint will be resolved based on the procedures outlined in Section 9. If you have any other complaint related to your use of a Service, please contact us.

    2. We will do our best to resolve your complaint as soon as possible, and send you a final response by email within fifteen (15) Business Days of receiving the complaint. If, in exceptional circumstances, for reasons beyond our control, we need more time to respond, we will send you a holding reply within fifteen (15) Business Days of receiving your complaint to let you know when you will receive our final response. The final response will be no later than thirty-five (35) business days from the date on which we first received your complaint.

    3. The best way to contact us is by using the details in the Contact Us section. Lead Bank can also be reached at: clientsupport@lead.bank; 866-845-9545; 1801 Main St, Kansas City, MO 64108.

    4. If you are unhappy with our response, you may refer your complaint to the Consumer Financial Protection Bureau (the “CFPB”), tagging whichever company has oversight of the complained-about service; see https://www.consumerfinance.gov/ask-cfpb. You can also call them at (855)-411-CFPB.

15. FEES
    

    1. You agree to pay all Fees associated with your Taptap Send Wallet and Card. Such fees will be withdrawn from your Taptap Send Wallet at the time a fee is incurred and will be assessed even if there is no remaining balance in your wallet, unless prohibited by law. We may at our discretion amend the Fees in accordance with law.

    2. We may charge you a Fee for using your Card at ATMs, and ATM owner-operators may impose their own fees in addition to those listed here and may impose lower limits on cash withdrawals. If you elect to withdraw money, the amount of the withdrawal, plus all fees, will be deducted from your Taptap Send Wallet at the time of the transaction.

16. ELECTRONIC COMMUNICATIONS
    

    1. You acknowledge that this Agreement is entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:

       1. this Agreement and any amendments, modifications or supplements to it;

       2. your Transaction History;

       3. any initial, periodic or other disclosures or notices provided in connection with the Services, including without limitation those required by law;

       4. any customer service communications, including communications with respect to claims of error or unauthorized use of the Services; and

       5. any other communication related to the Services, us or Taptap Send.

    2. The Services do not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Services will be terminated. To withdraw your consent, you must contact us by email.

    3. Copy of Agreement: This Agreement is available for you to review at any time via the App or on our website. We will email a copy of these terms to you when you first register for the Services. You can also ask us to email you a copy of these terms (including any modifications) at any time.

    4. Transaction History: We will email you at the email address you have provided, notifying you that your monthly Transaction History is ready for viewing via the App. You may also download the Transaction History from the App for your own records. You should review these carefully and notify us within 60 days if any Unauthorized Transfers appear on your Transaction History.

    5. By providing us with a telephone number for a wireless device, you express consent to receiving non-marketing communications from us and our affiliates and agents at that number. Calls and messages may incur access fees from your cellular provider.

17. OTHER IMPORTANT TERMS
    

    1. Governing Law. You agree that, except where preempted by federal law, this Agreement is governed by the laws of the State of Missouri.

    2. Disputes. If you want to take legal action against us in the courts, only the courts of New York can deal with a dispute between us in connection with this Agreement and our Services.

    3. Legal Proceedings. You understand that we may from time to time receive legal documents, "Legal Process," in connection with your Taptap Send Wallet , including writs of attachment, execution or garnishment, tax withholding orders, levies, restraining orders, subpoenas, warrants, injunctions, requests for information from government agencies, search warrants, forfeiture orders. You agree that we are not required to contest any Legal Process. We may in our discretion notify you of our receipt of Legal Process, but may not be required to do so under applicable law. We may be compelled to hold or turn over your Taptap Send Wallet funds or other property to a court, creditor, government agency or person named.

    4. Incompetence or Death. You agree that your appointed party or individual, or your designee, will notify us promptly if you die or become legally incapacitated. We will continue to accept deposits and process transaction instructions into and from your Taptap Send Wallet until we are (1) notified of your death or adjudication of incompetency, and (2) have a reasonable opportunity to act. We may require additional documentation to confirm any claims on your Taptap Send Wallet .

    5. No Third Party Rights. Nothing expressed or referred to in this Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy or claim under or with respect to this Agreement or any provision of this Agreement. This Agreement and all of its provisions are for the sole and exclusive benefit of the parties to this Agreement and their successors and permitted assigns.

    6. Language. This Agreement is made in English. English is the language that we’ll communicate with you in (unless otherwise required by law).

    7. Waiver. If you have broken the Agreement and we don't enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.

    8. Transfer of rights. You may not transfer any of your rights or obligations under this Agreement to anyone else. We may transfer or assign this Agreement and/or any of our rights and/or obligations this Agreement at any time without your consent.

    9. Entire Agreement. This Agreement is the entire agreement between you and us. It replaces any earlier understandings, agreements, or discussions between you and us about the subject matter of this Agreement, use of the App and/or our Services.

    10. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected in any way and you agree to accept a replacement of such provision.

    11. Disclosure of your personal information. We will share your personal information in accordance with our Privacy Policy. In addition, note that we will share information about the Taptap Send Wallet with third parties to respond to requests by law enforcement and as required under applicable law.

    12. Conflicts. The Taptap Send User Agreement governs Taptap Send services, including remittances, Lite Wallet, and digital content. This Agreement governs Taptap Send Wallets and Cards. In the event of a conflict, the agreement governing the relevant service will control. Notwithstanding the foregoing, arbitration provisions shall be governed by the agreement applicable to the service giving rise to the claim.

18. JURY TRIAL WAIVER
    
    We and you acknowledge that the right to a jury trial is a Constitutional right that may be waived in certain circumstances. To the extent permitted by law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this Agreement or your relationship with the Bank or Taptap Send. This jury trial waiver does not affect and shall not be interpreted as modifying the arbitration and class action waivers set forth in the next sections, which contain their own jury trial waivers.

19. CLASS ACTION WAIVER

You and Lead Bank agree that any dispute, claim or controversy arising out of or relating to this Agreement or your use of the Services will be conducted only on an individual basis and not as part of any class, consolidated or representative action, either in litigation or arbitration. You waive any right to participate as a class representative or class member. The parties give up the right to serve as a private attorney general in any jurisdiction in which such procedure might be permitted.

20. ARBITRATION PROVISION

    1. Any claim, dispute or controversy (“Claim”) arising from or in any way relating to your Taptap Send Wallet or Card or this Agreement shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement (the “Arbitration Provision”) is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). For a copy of AAA’s procedures, to file a Claim or for other information, contact AAA at: AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

    2. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
       

    3. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

    4. Location of arbitration and costs. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. We will pay arbitration filing, administrative, and arbitrator fees as required by applicable law or arbitration rules. Each party shall bear its own attorneys’ fees unless otherwise awarded under applicable law.

    5. Survival. If any portion of this Arbitration Provision is inconsistent with this Agreement, or with the Taptap Send User Agreement or any other agreement governing any product or service provided by Taptap Send, this Arbitration Provision shall govern. It shall survive the closure of your Taptap Send Wallet , termination of any product or service provided by Taptap Send, termination of any agreement into which you enter with a Taptap Send or Lead Bank, and any withdrawal or denial of or determination on any application for a Taptap Send Wallet ; and you understand and agree that this Arbitration Provision applies not only to this Agreement but also to any subsequent agreement (including without limitation any agreement governing any product or service) into which you enter with Taptap Send or Lead Bank. For the avoidance of doubt, this Arbitration Provision applies only to claims governed by this Agreement and does not supersede arbitration provisions contained in other agreements governing different services. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision.

    6. Small Claims Exception. The parties agree that this Arbitration Provision is not applicable to “small claims,” meaning those claims that either party is entitled to file and maintain in an appropriate small claims court or any action where the total amount in controversy is no greater than $10,000, including any claims for attorney’s fees and non-monetary relief.

    7. Coordinated claims. If 25 or more Claimants submit similar Notices or file similar arbitrations against us that raise substantially similar issues of law or fact and are represented by the same or coordinated counsel (a “Mass Arbitration” as defined in the AAA Mass Arbitration Supplementary Rules), the Claims shall be administered and resolved in staged proceedings consistent with those rules and this Section. You agree that this process may result in delayed resolution of your Claim. In the first stage, the parties will each select up to 25 claims (50 total) to be filed and arbitrated individually before separate arbitrators. If fewer than 50 Claims exist, each side may select up to half of the total Claims. Where reasonably practicable, arbitrators shall be selected consistent with the AAA’s consumer rules, including consideration of the claimants’ home states. Except as provided below, no other arbitrations within the Mass Arbitration shall proceed while Stage One is pending. The AAA shall administer the arbitrations in accordance with its rules and shall assess and collect fees only for the arbitrations actually proceeding at that stage. This subsection does not apply to claimants not represented by the same or coordinated counsel. After Stage One, the parties shall participate in a single mediation addressing all remaining claims for which we will pay the mediator’s fees, consistent with applicable law and AAA rules. If Claims remain unresolved after mediation, the parties shall proceed with a second stage of up to 50 claims selected and arbitrated individually, followed by mediation. If claims remain after the second stage, the process shall continue with these modifications but with up to 100 claims arbitrated in subsequent stages. After stage two, Claims shall be randomly selected by the AAA or its designee; arbitrators from prior stages may be appointed if additional arbitrators are not reasonably available; and mediation shall be optional at the election of claimants’ counsel. This staged process shall continue until all claims are resolved. For any Claim subject to this Section, any applicable statute of limitations or contractual limitations period shall be tolled from the date the initial bellwether claims are selected until the claimant’s claim is selected for arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction may enforce this Section, including by enjoining the filing or prosecution of arbitrations or the assessment or collection of arbitration fees inconsistent with this Section or the AAA Mass Arbitration Supplementary Rules. If there is a final judicial determination that the staged process set forth in this Section is unenforceable, the Claims may proceed in arbitration. In that event, AAA and arbitrator fees shall be assessed and paid only as arbitrations proceed and arbitrators are appointed, rather than at the time of initial filing.

    8. Right to opt-out. If you do not agree to this Arbitration Provision do not activate or use the Card or Taptap Send Wallet . To close your Taptap Send Wallet contact Taptap Send and request a refund (if applicable). You can also opt-out of the Arbitration Provision by sending an email from your email address on file with Taptap Send to support@taptapsend.com describing this Agreement and stating that you are rejecting the Arbitration Provision. A rejection notice is only effective if it is received by Taptap Send not more than 10 calendar days after opening your Taptap Send Wallet . Even if you reject this Arbitration Provision the Jury Trial Waiver shall remain valid and effective, and will be incorporated into the Agreement. If you reject this Arbitration Provision, it will not affect any other provisions of the Agreement or your obligations under the Agreement. If you do not properly reject this Arbitration Provision, it will be effective as of the date you sign the Agreement.