Cardholder Consent to Electronic Signatures & Communication

Effective October 20, 2023

1. Consent to Electronic Signatures and Communication. You, the Cardholder, affirmatively agree: (a) to the use of Electronic Signatures and Communications as described herein; (b) that Electronic Signatures and Communications will have the same legal effect as written and/or signed paper documents; (c) you have the necessary hardware and software to view, save, and print copies of Communications and to receive Communications that we, Tern Commerce Inc. or Bank, N.A., send to you by email; (d) your consent to receive Communications electronically does not expire and is effective as long as you remain a Cardholder or utilize any Tern or Bank Service(s); (e) you may withdraw your consent to Electronic delivery at any time by emailing us at [email protected].

2. Scope of Consent. By giving your affirmative consent, you agree that we may electronically deliver all Communications to you and that we may discontinue delivery of Communications by paper. We can also use and obtain electronic signatures from you as well as deliver Communications to you electronically for any future transactions, products, or services unless and until you withdraw your consent to use Electronic Signatures and Communications. In the event we are required by law or otherwise determine that you should receive Communications in paper rather than electronic form, such Communications will be mailed to the primary address we have for you in our records.

3. Paper Delivery. You understand that you have the right to receive a paper copy of any Electronic Communication mailed to the primary address you provided. We may charge you reasonable fees for the delivery of paper copies of any Communication provided to you electronically. To request a paper copy, email [email protected].

4. Withdrawal of Consent. To withdraw your Consent to Electronic Signatures and Communications, you may contact us at [email protected]. We will not charge you a fee for processing the withdrawal of your consent, but we may terminate your access to, and use of, the Card or any other Service we provided after which you consented to Electronic Signatures and Communication.

5. Hardware and Software Requirements. In order to use Electronic Signatures and Communications, you must have a version of Safari, Chrome, Firefox, or Microsoft Edge internet browser that is currently supported by its publisher; an internet connection; a software program that accurately reads and displays .PDF files; and a computer and operating system capable of supporting all of the above. You will also need a working email account to receive, view, sign, and print your Communications. If you wish to print Electronic Communications for your records, you will need a printer.

6. Updating Your Contact Information. You agree to provide us with accurate personal contact information and to promptly notify us of any changes. If you fail to update or change an incorrect or invalid e-mail address or other contact information using the Program website or mobile application, you understand and agree that any Communication shall nevertheless be deemed to have been provided to you if it was made available to you in electronic form on our website, mobile application, emailed to the email address we have for you in our records, or delivered through other electronic means.