Revised: January 22, 2024

SoLo has contracted with certain service providers in order to provide services to you. Certain services are offered through Synapse Financial Technologies, Inc. and its affiliate Synapse Brokerage LLC (collectively, “Synapse”) and certain third-party financial service providers (each of the foregoing being a “Partner Financial Institution”). Synapse is not a bank and is not affiliated with SoLo. Brokerage accounts and cash management programs are provided through Synapse Brokerage LLC (“Synapse Brokerage”), an SEC-registered broker-dealer and member of FINRA and SIPC. Additional information about Synapse Brokerage can be found on FINRA’s BrokerCheck. Deposit Accounts are provided by Evolve Bank & Trust, Member FDIC. Funds are FDIC insured, subject to applicable limitations and restrictions when we receive the funds deposited to your account. By opening a deposit account, you agree to the Evolve Bank & Trust U.S. Consumer Privacy Notice. To the extent allowed by law, you further agree to receive updated privacy notices through Evolve and Synapse (www.synapsefi.com/legal) website.

By participating in a Synapse cash management program, you acknowledge receipt of and accept the Synapse Terms of Service and Privacy Policy, and the applicable disclosures and agreements available in Synapse’s Disclosure Library. The Partner Financial Institution(s) participating in a Synapse cash management program can be found in the List of Program Banks.

Cash management programs and bank services are enabled through our technology software provider, Synapse Financial Technologies, Inc. and their affiliates and Partner Financial Institutions. To report a complaint relating to bank services contact Synapse at help@synapsefi.com and to report a complaint relating to a cash management program contact Synapse Brokerage LLC at brokerage@synapsefi.com.”

By creating an account with SoLo and initiating financial transactions, you agree to the Synapse Terms of Service and Privacy Policy. You also agree to the terms of service and privacy policy of Synapse’s Partner Financial Institution corresponding to the financial service and product(s) you select (collectively, “Synapse Terms”), each of which can be found here and which are incorporated herein by reference. By creating an account with us, you acknowledge that Synapse may share your information as necessary with their affiliates, Partner Financial Institutions and other service providers in connection with providing their respective services. It is your responsibility to make sure that the information you provide to SoLo is accurate and complete. Additionally, you are responsible for complying with Synapse Terms when using your account. It is your responsibility to read and understand Synapse Terms as it contains terms and conditions relating to your account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitration provisions. All financial transactions are performed by Synapse’s Partner Financial Institutions, a list of which can be found at synapsefi.com/legal. SoLo will provide you with all access to all transaction notifications and account balances in addition to providing customer support relating to your account. You should refer to your account agreement for more important information.

These Terms of Service, together with SoLo’s Privacy Policy, SoLo’s E-Sign Disclosure, Synapse Terms of Service, Synapse Privacy Policy, Synapse’s Disclosure Library, and Evolve’s Deposit Agreement, make up the Terms and Conditions for the use of SoLo’s platform.

THIS MOBILE APPLICATION IS POWERED BY SOLO FUNDS, INC. (“SoLo“).  By using this mobile application (the “Platform“), establishing an account, or applying for a loan through the Platform (collectively, the “Services“), you consent to these Terms of Service, the SoLo Privacy Policy, and the E-SIGN Disclosure (collectively, the “Agreement“) between you, the user (“you” or “your“), and us.

These Terms of Service govern use of the Services. Please note that your application for any loan through the Platform is subject to a separate agreement with the third-party loan provider that will be provided to you upon application. THIS AGREEMENT DOES NOT COVER THE LOAN APPLIED FOR OR OBTAINED THROUGH THE PLATFORM, unless otherwise stated herein. Credit building and insurance services are provided by separate 3rd party service providers not affiliated with Synapse or Solo Funds.

You are responsible for your use of the Services and for any consequences thereof. You are only authorized to access the Platform or use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you use the Services in violation of any law or if you attempt to defraud SoLo or its users in any way, please be aware that SoLo will prosecute you to the full extent of the law. We reserve the right at all times (but will not have an obligation) to suspend and or terminate users without liability to you.

You will be notified in the event that your consent to additional terms and conditions is necessary to participate in certain other services provided through the Platform. SoLo may modify this Agreement from time to time and such modification shall be effective upon posting on the Platform. You agree to be bound to any changes to this Agreement when you use the Platform after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION THAT AUTHORIZES EITHER PARTY TO ELECT MANDATORY AND BINDING ARBITRATION OF CERTAIN DISPUTES WHERE PERMITTED BY LAW. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN THE SECTION ENTITLED “RESOLUTION OF DISPUTES BY ARBITRATION.” PLEASE READ THIS ARBITRATION PROVISION CAREFULLY.

The Platform. The Platform operates using the Pacific Time Zone and you agree through your use of the Platform to be subject to that time zone for the timing of transactions. The Platform provides a means by which you may: (1) as a “Borrower,” submit an application (“Application“), and subject to the discretion of other users, obtain a personal loan (“Loan“); and/or (2) as a “Lender,” evaluate Applications and subsequently fund Loans. SoLo is not engaged in the brokering or origination of loans made through the Platform, but merely provides a marketplace for Borrowers and Lenders.

SoLo is Not a Party to Loan Agreements. While SoLo may determine your eligibility to access the Platform or to use the Services and may provide functionality utilized by Lenders in evaluating Applications, SoLo is not involved in the decision to fund a Loan and SoLo is not a party to any Loan that was initiated on or through the Services. Any rights arising in connection with the Loan shall be asserted by you solely against the third-party provider and you expressly agree not to involve SoLo in any legal dispute you have with a third-party provider regarding the Loan. SOLO IS MAKING NO REPRESENTATIONS AND DOES NOT ENDORSE the accuracy of any information provided on or through the Services. You agree that any and all Loan Agreements you enter into using the Services are at your own risk. We are not responsible for the actions of our users or your interactions with other users and we advise you to use the Services safely and responsibly. You understand that by using the Services, you may be exposed to content that might be inaccurate, mislabeled or are otherwise deceptive. Under no circumstances will SoLo be liable in any way for any content posted, emailed, transmitted, or otherwise made available via the Services or any wrongful or fraudulent action of its users or any other third parties.

Third Party Content. The Platform may contain third party content related to third parties (including links to third party websites), which is not owned or controlled by SoLo.

Access. Use of the Platform and Services are void where prohibited. By creating a profile (“Profile“), you represent and warrant that (a) all information you submit in connection with your Application is complete and accurate; (b) you will maintain the accuracy of such information; (c) the information submitted is your own; and (c) your use of the Services does not violate any applicable law or regulation. SoLo may, in its sole discretion, delay or restrict, either permanently or temporarily, your access to the Services, and may impose conditions or restrictions on your use of the Services.

Use of Automated Systems. SoLo is a community platform that provides opportunities for Lenders to assist Borrowers in need of emergency funding. The protection and integrity of the community is paramount to fulfilling SoLo’s mission. As a result, you agree not to use or launch any automated system to access the Service. Consequently, any User determined by SoLo to be employing the use of automated systems will cause SoLo to take remedial actions without notice including, but not limited to, the rendering of the prohibited tool in becoming non-operational,  account restrictions and/or termination.

Login Protection. You will not disclose your login credentials (user name or password) to any person. You understand and agree that we may rely on the use of your login credentials to access your Profile through the Platform and are therefore authorized to act upon instructions and information received from any person that enters your login credentials. You are solely responsible for the activity that occurs on your profile, and you must keep your login credentials secure. You must notify SoLo immediately of any breach of security or unauthorized use of your Profile.

Social Media Authorization. You authorize SoLo to utilize information contained in your social media accounts (e.g., Facebook, Instagram, Twitter, LinkedIn) for purposes of augmenting data that you provide to SoLo through the Platform.

Terms Specific to Borrowers

• Eligibility. By opening an account, you further represent and warrant that (1) you are at least 18 years of age; (2) you are a U.S. citizen or possess a 10-year (non-conditional) Permanent Resident Card; (3) you have the full right and authority to submit the application under applicable law; and (4) all information you provided in your profile is complete and accurate.
• Account with Synapse Affiliate or Partner Financial Institutions. To obtain proceeds from Lenders in connection with Loans approved through the Platform, you will be required to open an account (an “Account“) with a Synapse Affiliate or Partner Financial Institutions. The Account will be governed by separate terms and conditions to which SoLo is not a party. In the event that a borrower becomes delinquent in repayment of a Loan, SoLo may direct the withholding of certain available funds in the Account where applicable under law or regulation to effectuate the terms and conditions of the Loans. Your loan is deemed funded at such time as your requested funds are made available to you in your SoLo Wallet, and the terms of the promissory note will be your obligation to fulfill at that point.
• Credit Report Authorization. By submitting an Application, you authorize SoLo to conduct a credit inquiry (known as a “soft credit pull” or “soft credit inquiry”), the results of which will be used to assist Lenders in making a credit decision. Upon your request, we will provide you with the name and address of any consumer reporting agency from which we obtained your credit report. You expressly represent that you will only submit an Application on your own behalf and that you will not submit an Application authorizing a credit inquiry for any third party.
• SoLo Score. You authorize us to utilize data contained in your Application, including supporting documentation provided, information related to your social media accounts, and a credit report, to develop a proprietary score (the “SoLo Score“). The SoLo Score will be provided to prospective Lenders to assist in the making of a credit decision without receiving a copy of any such credit report or your Application.
• Communication. By providing your telephone number(s) (whether for a cellular phone, other wireless device, fixed-line or landline telephone) and/or e-mail address(es), you (a) expressly authorize SoLo, and/or any third-party debt collector to contact you at the phone number using autodialed, or any other type of calls or voice or text messages, and consent pursuant to the federal Electronic Signatures in Global and National Commerce Act (“E-Sign Act“), 15 U.S.C. Section 7001, (b) represent that the phone number that you have provided belongs to you and not to any other person; (c)  expressly authorize Lender, SoLo, and/or any third-party debt collector to contact you at the e-mail address(es) without limitation as to the time of day or night the e-mail is sent or received, and consent pursuant to the E-Sign Act; and (d) represent that the e-mail address(es) that you have provided belongs to you and not to any other person.
• Notices. Unless otherwise required by applicable law to be delivered through a specific medium, any notice that must be given to you may, at Lender’s option, be provided electronically, by telephone, in writing by U.S. Mail or any other manner selected by Lender, in each instance using the contact information Lender or its representative has on file for you.

Terms Specific to Lenders

• Account with Synapse Affiliate or Partner Financial Institution. To fund Loans approved through the Platform and to receive payment from Borrowers, you will be required to open an Account, which shall be governed by separate terms and conditions to which SoLo is not a party.
• Recovery. For a period of 90 days post loan repayment date, SoLo enables proactive repayments by borrowers. For the period between the 36th day after loan funding date and the 90th day after loan repayment date, the lender agrees to pay SoLo a recovery repayment fee equal to 30% of the loan principal. On the 91st day, Lenders will enter into a third-party debt collector relationship managed by SoLo. A commission fee of 30% of the total amount recovered is retained by the third-party collections partner. To the extent a loan is repaid between the scheduled repayment date and the 35th day after loan funding date, SoLo shall implement a SoLo Fee, which covers administrative and margin costs associated with monitoring late-paying borrowers and certain communication efforts.
• Lender Statements. After the end of each calendar year, SoLo will endeavor to prepare and transmit annual statements to each Lender listing loan information in which the Lender was engaged over the preceding year. These statements should be reviewed with your tax professional for the purposes of assessing whether your loan activity creates any tax liability. For the avoidance of doubt, these statements are for information purposes only and in no way constitutes legal or tax advice from SoLo. In addition, each Lender should review their statements for accuracy as technical bugs could result in inaccurate information.

Intellectual Property Rights. The content on the Platform (the “Content“) and the Services are subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, SoLo uses only Content that it owns or is otherwise allowed and permitted for use by the owner(s) of the copyrights and other intellectual property rights therein. Content on the Platform is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SoLo reserves all rights not expressly granted in and to the Platform, Services, and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Services other than expressly permitted herein for any commercial purposes. You agree not to circumvent, disable, or otherwise interfere with security related features of the Platform or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of the Platform or any of the Services or Content therein.

Disclaimers, Limitations Of Liability and Indemnity

Please read this section carefully since it limits the liability of SoLo and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “SoLo Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

We will continue to treat all actions taken by your Authorized User as authorized by you until you revoke the Authorized User’s access to your Account or Card by notifying us by email at the address listed above or through the Online Services. You must also destroy the Card to which the Authorized User has access, and remove their access to any Virtual Card or electronic device through which the Authorized User has access to the Virtual Card. Until we have been properly notified in writing of any change in such authorization and we have had a reasonable period of time to act upon such notice, we may pay, apply, or otherwise honor and charge your Account and Card transactions, without inquiry, without limit as to amount, and without regard to the application of the proceeds thereof all orders for payment or transfer of money for whatever purpose. We may cancel all Cards that access your Account and issue replacement Cards to you and the Authorized Users who continue to have access to your Account. This may result in an interruption or delay in your ability to use the Card to access your Account. You must notify us immediately by email of any change in the status of any Authorized User. We may ask you to give us additional documentation. No action taken by us before we receive proper notification in writing of any such change and have had a reasonable period of time to act upon such notice will be affected by any such notice.

9. Activating Your Card

You must activate your Card before using it. You may activate your Card by following the instructions we send you with your physical Card. You may activate your Virtual Card by following the instructions available in the Online Services. We may require you to select a Personal Identification Number (“PIN”). Your PIN is the access code to your Account for all pinned point-of-sale terminal purchases and transactions at ATMs. Instructions on how to activate your physical card via the Online Services will be provided in the envelope used to deliver your card.

Please refer to the Transaction Limits section for additional details related to how you can use your Card.

10. Using Your Card

You may use your Card to (a) purchase goods and services at a merchant point-of-sale; (b) obtain cash from an ATM or merchant point-of-sale; (c) receive payments from a business by providing your Card number to third-party payment services; and (d) access information about your account, such as a balance inquiry, at an ATM.

a. Automated Teller Machine (ATM) Transactions

You may access your account at an ATM using your Card and PIN to withdraw cash from your Account and obtain certain information about your Account, such as balance inquiries. You may not deposit cash or checks at an ATM. You may use your Card at Pulse® Maestro®, and AllPoint System ATMs in the United States. When you use an ATM belonging to another network or outside of the United States, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

b. Point of Sale Transactions

Subject to the transaction limits set forth in this Agreement and the Account Disclosures, and the restrictions outlined in Section 34 below, you may use your Card to make transactions to purchase goods (in person, by phone, or through the internet, as the merchant permits), and get cash back from a merchant (if the merchant permits), where Mastercard ® debit cards are accepted. We may subtract from your Account balance the amount of any Card transaction that you initiated or approved. We are not required to comply with any multiple-signature requirement, even if you have otherwise instructed us to do so. Some of these services may not be available at all terminals.

c. Authorizations and Holds

Most merchants will ask us to authorize your use of the Card to make a transaction. When we give authorization, we may place a hold on your available balance for the amount of the authorization. There may be delays of several days between the authorization and the date the transaction is presented for payment, and your transaction may post to your account after the authorization hold has lifted. We may authorize or refuse to authorize a transaction based on a different amount than the authorization request, because some merchants request authorization for an amount that is different than the amount of the purchase (e.g., restaurants, hotel, car rental agencies, and gas stations). The authorization may not lift immediately after your transaction is presented for payment. When we give authorization to a merchant for your purchase, your available balance may decrease, but the authorization may not prevent other transactions, such as ACH transactions, from posting to your account, which can leave your account without enough funds to pay for all transactions you make. For more information about overdrafts and non-sufficient funds in your Account, see your Deposit Account Agreement.

d. Delays in Posting Transactions

Due to the nature of the remote banking system, there may be delays between the time of any banking transaction at a remote banking facility and at the time it is shown on our records of your Account.

e. Documentation and Receipts

You can get a receipt at the time you use your Card to make any transfer to or from your Account using an ATM machine or a point of sale terminal. You will receive a monthly periodic statement of your Card activity. We may rely on the coding sent to us by a merchant or other third party to determine where a transaction has occurred, and the nature of the transaction or merchant, which may affect whether or not we authorize the transaction, whether a fee is assessed for the transaction, and whether the transaction is eligible to earn rewards and other benefits.

f. Overdrafts

Generally we will not allow your account to overdraw. If any withdrawal(s) with your Card creates a negative balance in your Account(s), you shall pay to us the amount of such overdraft, including any applicable overdraft charges set forth in your Fee Schedule, in the same manner as any other overdraft on your Account.

g. International and Foreign Currency Transactions.

You may not use your card for purchases in foreign countries or to initiate transactions in currencies other than United States Dollars.

11. Virtual Card

We may issue a virtual debit card or similar access device (“Virtual Card”) which enables you to make Card transactions under this Agreement without a physical plastic debit card. A Virtual Card is a “Card” for the purposes of this Agreement. You may be permitted to add your Virtual Card to a digital wallet, such as one provided by SoLo through the Online Services, or by a third-party, such as Apple Pay or Google Pay (each, a “Digital Wallet”). Your use of a Digital Wallet is subject to all supplemental terms and conditions provided by Bangor Savings Bank governing the use of a Digital Wallet, as well as the terms and conditions required by the Digital Wallet provider. You understand and agree that we may share information about your Card and Account with the Digital Wallet provider. Use of a Digital Wallet is not available at all points of sale and transaction terminals. You are required for obtaining and maintaining a mobile device and any other equipment, internet connection, applications, software, and other items necessary to use a Digital Wallet. If your Virtual Card, Digital Wallet, or any mobile device, username, or password you use to access a Virtual Card or Digital wallet is stolen, compromised, or used without your permission, you must notify us immediately, using the procedure notifying us for lost and stolen Cards.

A Digital Wallet is provided by a third party without warranty from Bangor Savings Bank. You acknowledge and agree that from time to time, your use of your Card in connection with a Digital Wallet may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither we, or our affiliates, agents, or service providers, will be liable for any claim arising from or related to use of your Card through a Digital Wallet due to such delay, interruption, disruption or similar failure. You acknowledge that we are not a party to the terms and conditions for a Digital Wallet between you and a Digital Wallet provider or the other third parties supporting that Digital Wallet and we do not own and are not responsible for a Digital Wallet. We are not responsible for maintenance or other support services for a Digital Wallet and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to your use of a Digital Wallet including, without limitation, any third party product liability claims, claims that a Digital Wallet fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of a Digital Wallet must be directed to the Digital Wallet provider or the other third parties supporting that Digital Wallet.

12. Mastercard ® Zero Liability

As a Mastercard® cardholder, Zero Liability applies to your purchases made in the store, over the phone, online or via a mobile device and ATM transactions. As a cardholder, you will not be held responsible for unauthorized transactions if: 1. You have used reasonable care in protecting your card from loss or theft; and 2. You have promptly reported to your financial institution when you knew that your Mastercard® was lost or stolen. Zero Liability does not apply to the following (or certain) Mastercard® payment cards: Commercial cards, unregistered prepaid cards or gift cards. If you have questions regarding Zero Liability coverage or you suspect unauthorized use of your card, please contact us.

1. The Services are Available “AS-IS”

Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE SOLO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The SoLo Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of SoLo users; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the SoLo Entities or through the Services, will create any warranty not expressly made herein.

1. Limitation of Liability

LIMITATION OF LIABILITY. UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST SOLO OR ITS AFFILIATES IS A REFUND OF ANY DONATION AMOUNT. NO OTHER REMEDY IS AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO ANY REMEDY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO SOLO’S (OR ITS AFFILIATES’) NEGLIGENCE, OTHER FAULT, ERROR, OMISSION OR NON-PERFORMANCE. NEITHER SOLO NOR ITS AFFILIATES ACCEPT ANY RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF A LENDER OR ANY OTHER USER OF THE PLATFORM.

1. Indemnification

Except as otherwise set forth in this Agreement, you agree to release, indemnify, defend, and hold the SoLo Entities harmless from and against any claims, liabilities, actions, proceedings, damages, losses, and expenses, (including without limitation attorneys’ fees and costs), or losses of any kind arising out of: (a) any breach of the Agreement by you; (b) your actions and omissions in connection with the Services; (c) any inaccuracies on your Loan Application; (d) your authorization of a credit inquiry; and (e) our actions or omissions, provided that they are taken/omitted in accordance with this Agreement or your instructions. This provision shall survive the termination of this Agreement.

General Terms

Events Beyond Control.  Under no circumstances shall SoLo be held liable for any delay or failure in the Platform and/or the Services and/or information on the Platform directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of SoLo, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify,  the Limitation of Liability section as stipulated above.

Governing Law. This Agreement is governed by California law without regard to its conflicts of law rules, supersedes all prior agreements or understandings between you and us, and cannot be modified orally. You and we agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County, California for any actions for which the parties seek to retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Section entitled “Resolution of Disputes by Arbitration” below.

DISPUTE RESOLUTION. IF YOU RESIDE IN THE UNITED STATES, UNLESS OTHERWISE SPECIFIED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ALLEGED BREACH, TERMINATION, ENFORCEMENT, OR INTERPRETATION THEREOF, INCLUDING STATUTORY CONSUMER CLAIMS, OR TO THE USE OF THE SERVICE (TOGETHER, “DISPUTES“) WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PROCEEDING. UNLESS BOTH YOU PARTIES OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

ANY SUCH ARBITRATION SHALL BE INITIATED AND HELD IN THE OFFICE OF THE AAA IN LOS ANGELES, CALIFORNIA. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

NOTE THAT THIS AGREEMENT TO ARBITRATE CONSTITUTES A TRANSACTION IN INTERSTATE COMMERCE RENDERING THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION SUBJECT TO THE FEDERAL ARBITRATION ACT. THIS ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ( “AAA“) UNDER THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA RULES“) THEN IN EFFECT, EXCEPT AS MODIFIED BY THIS SECTION THE AAA RULES ARE AVAILABLE AT www.adr.org  OR BY CALLING THE AAA AT 1-800-778-7879.

EACH PARTY SHALL BEAR ITS OWN COSTS AND FEES FOR EXPERTS AND ATTORNEYS. THIS EXCLUSIVE ARBITRATION REMEDY SHALL NOT BE AVAILABLE UNLESS INITIATED WITHIN ONE YEAR AFTER THE DISPUTE AROSE. THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Use of Affiliates. We may use affiliates in the provision of the Services. Each affiliate shall be entitled to avail themselves of any and all rights and limitations set forth in these terms and conditions as if the affiliate were SoLo itself (e.g., indemnification and limitation of liability).

Assignment. You may not assign or transfer this Agreement, by operation of law, otherwise without prior written consent from us. Any attempt to assign or transfer without such consent will be null; however, we may assign or transfer this Agreement, at our sole discretion, without restriction.

SoLo Credits. SoLo may, at its discretion, offer credits to its users that can be used for a future transaction in the event of a defaulted loan, sweepstakes winnings or other promotions. Any such credits are non-transferrable and may not be withdrawn for cash value. Such credits may only be redeemed through our Platform. All SoLo Credits, regardless of how they were earned, will expire 180 all members after the last loan is funded. With respect to account closures, credits expire at 12:00 am Pacific Time after 180 days from the date the member’s account is voluntarily closed by the member or involuntarily closed in accordance with this Agreement.

Withdrawal Fees.  SoLo charges a 1.75% withdrawal fee on instant transfers to your debit account. ACH withdrawals are available at no charge where accepted by participating banks. SoLo Funds maintains transaction records, including user consent for ACH withdrawals, to ensure compliance and facilitate audits or dispute resolution.

Third Party Beneficiary.  This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties, including but not limited to any Lender.

Waiver.  We may delay in enforcing any of our rights under this Agreement without forfeiture. Any waiver by use shall not be deemed a waiver of any other right or of the same right at another time.

Change in Terms.  We may change the terms and conditions of this Agreement from time to time, at our sole discretion. We may add new terms or delete or amend existing terms, add new services, and discontinue existing services, or convert existing services into new services. We will give you reasonable notice in writing, if required by law, no later than 30 days before the effective date, or by any method permitted by law of an adverse change to this Agreement. Prior notice may not be given when not required by law or where an immediate change is necessary for security purposes. By continuing to use the Services after any such change, you agree to be bound by the changed terms and conditions of this Agreement as of the effective date of such changes.

Entire Understanding. Except as they may be supplemented by additional SoLo policies, guidelines, standards, or terms for a specific feature, service, or offering, this Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter addressed herein, and shall supersede any prior or contemporaneous understandings or agreements with respect to such subject matter.

Severability. If any of the provisions of this Agreement are, in whole or in part, determined to be void or invalid, the remainder of this Agreement shall remain in full force and effect.

Electronic Communications. When you use the Platform, or send e-mails, text messages, chats, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, chats, or notices and messages within the Platform and via direct electronic communications, and you can retain copies of these communications for your records. Please refer to our E-Sign Disclosure located here for more information about your consent to receive disclosures electronically.

Privacy Policy.  SoLo reserves the right to maintain the confidentiality and privacy of all lenders and borrowers. Please see our Privacy Policy located here for information about how we collect, use, and disclose your information. Disclosed information may include, but is not limited to, your contact information, your identification, information about your use of the Services, information specific to your financial background, and other information relating to financial matters. The information may be disclosed to our affiliates, financial institutions, service providers, governmental or other regulatory agencies (including law enforcement officials within or outside of the United States) and direct marketers.