Terms of Service

Effective date: November 15 2023

Credit Escalator Inc., a North Carolina corporation (“Credit Escalator”, the “Company,” “we,” “our,” or “us”), owns
and operates the website at www.CreditEscalator.co (the “Site”) and a related mobile
application (the “App”). By accessing or using the Site or App, you (the “User”, “you”, or
“your”) agree that you have read, understand and agree to be bound by these terms of
service (the “Terms of Service”). Please review these Terms of Service before using the
Site or App. If you do not agree to these terms, you should not access the Site or App.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN
ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION
REGARDING YOUR AND OUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS IN
THE EVENT OF A DISPUTE BETWEEN YOU AND US. THE ARBITRATION
AGREEMENT REQUIRES DISPUTES BETWEEN YOU AND US (WITH LIMITED
EXCEPTIONS) TO BE RESOLVED BY AN ARBITRATOR THROUGH BINDING AND
FINAL ARBITRATION, RATHER THAN BY A JUDGE OR JURY IN COURT. IF A
DISPUTE IS ARBITRATED (1) YOU AND WE WILL ONLY BE PERMITTED TO
PURSUE CLAIMS AGAINST ONE ANOTHER ON AN INDIVIDUAL BASIS, NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING, AND (2) YOU AND WE WILL ONLY BE PERMITTED TO SEEK
RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON
AN INDIVIDUAL BASIS. YOU HAVE THE RIGHT TO REJECT THE ARBITRATION
AGREEMENT AS SET FORTH BELOW.

Eligibility

The Site and App are intended solely for Users who are citizens or legal residents of the
United States of America and are physically present in the United States of America at
the time of such use. By using the Site or App, you represent and warrant that you
agree to and will abide by all of the terms and conditions of these Terms of Service, and
that you are not prohibited by applicable law from using the Site or App. If you violate
any of these Terms of Service, the Company may delete your account
and/or prohibit you from using or accessing the Site or App, at any time in its sole
discretion, with or without notice.

Revisions

We may make changes to these Terms of Service from time to time in our sole
discretion. If we do make revisions, we will post the changed Terms of Service on the
Site and will indicate at the top of this page under the heading “IMPORTANT NOTICE”
the date these Terms of Service were last revised. You understand and agree that your
continued use of the Site or App after we have made any such changes and provided
such notice constitutes your acceptance of the changes to the Terms of Service. If you
disagree with the changes, do not continue to use the Site or App. However, you will
continue to be bound by the most recent version of the Terms of Service that you did
accept, including the Arbitration Agreement.
Specific Registration Consents

When you register as a member, you authorize us to create and maintain an account in
your name using your account registration information and other information that may
be collected about you in accordance with our Privacy Policy as part of providing our
Services (collectively, such information is your “Member Profile.”). By registering, you
also specifically consent to let us request and receive your consumer report data and
other data about you from third parties to include in your Member Profile as follows:
I understand that I am providing written instructions in accordance with the Fair Credit
Reporting Act and other applicable law for Credit Escalator or its affiliated companies to request
and receive copies of consumer reports, scores and other information about me from
third parties, including, but not limited to, Experian, TransUnion and Equifax. I
understand that my instructions let Credit Escalator and affiliated companies obtain such
information at any time for as long as I have a registered Credit Escalator account to use as
described in the Terms of Service and Privacy Policy.
I authorize Credit Escalator to access and review my credit information in order to display it to me
and to provide me with relevant financial recommendations and marketing offers. I also
accept Credit Escalator’s Terms of Service, E-Sign Consent, and Privacy Policy.

Proprietary Rights

The Site and App and all content contained or otherwise accessible through them,
including designs, text, graphics, pictures, video, information and their selection and
arrangement (the “Content”), are the proprietary property of the Company with all rights,
title, and interest reserved. No Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any
form or by any means, in whole or in part, without the Company‘s prior written
permission. You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the Company’s
services, including any Content. Unless explicitly stated in these Terms of Service,
nothing in these Terms of Service will be construed as conferring any license to
intellectual property rights, whether by estoppel, implication or otherwise. Company
graphics, logos, designs, page headers, button icons, scripts and service names are
registered trademarks, trademarks or trade dress of the Company in the U.S. and/or
other countries. The Company‘s trademarks and trade dress may not be used, including
as part of trademarks and/or as part of domain names, in connection with any product
or service in any manner that is likely to cause confusion and may not be copied,
imitated, or used, in whole or in part, without the prior written permission of the
Company.

Provided that you are eligible to use the Site and App, you are granted a limited license
to access and use the Site and App and to download or print a copy of any portion of
the Content solely for your use of the Site or App, provided that you keep all copyright
or other proprietary notices intact. You may not republish the Content or incorporate the
Content in any other compilation, and any other use of the Content is strictly prohibited.

Restrictions

You may not use the Site or App in any manner that violates applicable law. Without our
prior consent, you may not use the Site or App in any manner that violates these Terms
of Service, or that could or is intended to damage, disable, overburden, or impair the
Site or App or interfere with any other party‘s use and enjoyment of the Site or App. We
may terminate, disable or throttle your access to, or use of, the Site or App any time
without notice for any reason, with or without cause in our sole discretion.
You may not use any automated means to access the Site or App or collect any
information from the Site or App; frame the Site, utilize framing techniques to enclose
any Content or other proprietary information, place pop-up windows over the Content, or
otherwise affect the display of the Content, engage in the practices of “screen scraping,”
“database scraping” or any other activity with the purpose of obtaining content or other
information from the Site or App.
If you are blocked by us from accessing the Site or App (including by blocking your IP
address), you agree not to implement any measures to circumvent such blocking (e.g.,
by masking your IP address or using a proxy IP address).
Representations
You represent, warrant and agree that no materials of any kind submitted through the
Site or App will violate or infringe upon the rights of any third party, or contain otherwise
unlawful material. You further represent and agree that you will not use the Site or App
in any unlawful manner or in any other manner that could damage, disable, overburden
or impair the Site or App.

Use of the App

You agree to use the App in accordance with these Terms of Service and any applicable
usage rules of any third-party mobile telephone, tablet or other device (each a “Mobile
Device”) or service provider or the third party from whom you are downloading the App
(each and “App Store”). Supported App Stores include Apple App Store and Google
Play; other App Stores are not supported. It is your responsibility to review the terms
and conditions of any App Store and to determine what usage rules of such App Store
apply to you depending on (1) your mobile device, (2) the method by which you
downloaded the App, and (3) the App Store from which you downloaded the App
(collectively, the “Usage Rules”).

We may offer products and services to you through the App. You acknowledge and
understand that certain products and services available to you through the App,
including your ability to conduct financial transactions, schedule payments or view your
account balances, require data access or wireless internet capability. You agree that
you are responsible for any such data access or wireless internet charges of your
mobile device service provider. The App is designed to be accessible on multiple types
of mobile devices and operating systems. We do not, however, make any
representation or warranty that the App will be compatible with your mobile device or
any specific operating system version of your mobile device or any other hardware,
software, equipment or device installed on or used in connection with your mobile
device. You agree that your functional use of the App may be affected by or dependent
on your wireless connection and speed or your wireless service provider.
The functionality of the App could become disabled during times of poor connections or
speeds from your wireless or internet service provider. You agree that it is your
responsibility to verify the status of any attempted transaction by reviewing your
account. You acknowledge and agree that the Company, and its affiliates, agents and
licensors, will have no liability to you for any losses, financial or otherwise, suffered by
you arising out of or resulting from compatibility or inoperability problems or the failure
of or your failure to confirm any attempted transaction.

If you are accessing any agreements, disclosures, or other legally-required information
we provide electronically on a mobile device, you must make sure that you have
software on your mobile device that allows you to view, print and save the content
presented to you. If you do not have these capabilities on your mobile device, please
access our App and Site through a device that provides these capabilities.
You acknowledge, understand and agree that your use of the App and your access to
your account through the App is also governed by any other agreement to which you
have previously agreed to with the Company and each and every current and future
affiliate of the Company in addition to these Terms of Service.

Customer Communications

By accepting these Terms of Service, you expressly consent to be contacted by us or
our affiliates at any telephone number, e-mail address, mailing address, account with
the Company, or physical or electronic address you provide or at which you may be
reached.

You agree we, our affiliates, agents, or service providers may contact you in any way,
including by e-mail, SMS messages (including text messages) calls using prerecorded
messages or artificial voice, and calls and messages delivered using automatic
telephone dialing systems (auto-dialer) or an automatic texting system at any phone
number you have provided to us, including any mobile phone number, as well as any
address in our records or in public or nonpublic databases. You understand that you are
not required to provide consent to marketing SMS messages as a condition to
accessing the Company’s services or products. You may withdraw your consent to SMS
communications by replying STOP to the SMS message, or by contacting us at
help@CreditEscalator.co. In addition, we may contact other people who may provide
employment, location or other contact information for you. Automated messages may
be played when the telephone is answered, whether by you or someone else. In the
event that an agent or representative calls, he or she may also leave messages on your
answering machine, voice mail, or send messages via text. You can revoke your
consent at any time by contacting us at help@CreditEscalator.co. You certify, warrant and
represent that the telephone numbers that you have provided to us are your contact
numbers. You represent that you are permitted to receive calls at each of the telephone
numbers you have provided to us. You agree to promptly alert us whenever you stop
using a particular telephone number. You are responsible for any and all charges,
including fees associated with text messaging, imposed by your communications
service provider. You agree that we and our agents, representatives, affiliates or anyone
calling on our behalf may contact you on a recorded or monitored line and that any
incoming calls may also be recorded and monitored.

You also agree to receive alerts about your account activity, balances, payments,
suspicious activities, and other matters involving your use of the Site or App or the
Company’s services through push notifications to your smartphone or other device.
Receipt of push notifications may be delayed or prevented by factors beyond our
control, including those affecting your internet/phone provider. The Company is not
liable for losses or damages arising from non-delivery, delayed delivery, or the
erroneous delivery of any push notification; inaccurate push notification content; or your
use or reliance on the content of any push notification for any purposes. Each push
notification may not be encrypted, and may include your name and information
pertaining to your account or use of the Site or App. The Company may terminate your
use of push notifications at any time without notice. You may choose to
discontinue receiving push notifications by updating your preferences on your
smartphone or device.

Mobile Identifiable Information

You authorize your wireless operator to disclose your mobile number, name, address,
email, network status, customer type, customer role, billing type, mobile device
identifiers (IMSI and IMEI) and other subscriber and device details, if available, to Credit Escalator
and service providers for the duration of the business relationship, solely for identity
verification and fraud avoidance. See our Privacy Policy for how we treat your data.

Privacy

Please review our Privacy Policy, which explains how we treat your personal
information when you use our Site or the App. By using the Site or App, you are also
consenting to our Privacy Policy.

Your Account

Your acceptance of the E-Sign Policy is required to create an Account.
You may be presented with the opportunity or requirement to create an account to use
certain parts of the Site or App. When you create an account, you may be required to
pick a user name, password, and/or other access credentials. You are responsible for
maintaining the confidentiality of your account and access credentials and for restricting
access to your computer and any other devices you use to access your account, and
you agree to accept responsibility for all activities that occur under your account or
access credentials. You may not assign or otherwise transfer your account to any other
person. You acknowledge that the Company is not responsible for third party access to
your account that results from theft or misappropriation of your account. The Company
and its associates reserve the right, in our sole discretion, to refuse or cancel service,
terminate accounts, or remove or edit Content. You agree to (1) immediately notify us of
any unauthorized use of your access credentials or account or any other breach of
security, and (2) ensure that you exit from your account at the end of each session
when accessing the Site or App. We will not be liable for any loss or damage arising
from your failure to comply with this section.

You may be presented with the opportunity to apply for a loan or other product through
the Site or App. When applying for a loan on the Site or App, you agree to provide
current, complete, and accurate information about yourself. If any information you
provide is untrue, inaccurate, not current, or incomplete, the Company has the right to
terminate your loan pre-registration and/or application and to decline to provide any and
all future use of the Site or App. We reserve the right to decline your application for a
loan or other product.

Services

Our Services provide, among other things, credit building loans, a method for customers
to access credit score information, information regarding financial literacy and
education, credit alerts, and access to other financial products and services. The
“Services” also include our mobile application.
The credit score and credit monitoring services are only available to customers who we
are able to validate. While enrolling for the Services, we will ask you for your personal
identification information and address. We may also ask you for other information,
including contact information such as your phone number and e-mail address, and
personal information to verify your identity and financial information (such as credit card
number and social security number). This information is required in order to verify your
identity, charge you the agreed upon fees for our Services, and to fulfill our obligations
to provide our Services to you, including communicating with third parties as necessary
to provide such Services, such as identity verification companies, consumer reporting
agencies (which may include CSIdentity Corporation), credit bureaus, payment
validation companies, law enforcement agencies, or others.

You agree that you will use the credit score and credit reporting services provided by
Equifax, Experian and TransUnion as part of the Services to protect against or prevent
actual fraud, unauthorized transactions, claims or other liabilities.
We will report loan repayments made by you to the credit reporting agencies (“CRAs”),
which in part is designed to assist parties in establishing a credit history.
We are not responsible for how any CRA may manage or use the information provided
to them by us and you agree to hold us harmless against any such claims, with all being
subject the Fair Credit Reporting Act. See such CRA for the terms and conditions of
how they collect, store, manage, use, modify, disseminate and distribute such
information. Once the information is transmitted from us to the CRA, that CRA will
obtain an ownership interest in that data.

The Services are not intended to provide any credit repair, legal, tax or financial advice.
We cannot guarantee any improvement in credit scores.
Once payment by a customer for a particular loan repayment has been reported to a
CRA, the delinquency of a payment may negatively impact a customer’s credit history.
Credit Escalator shall not be liable for any claims, charges, demands, damages or adverse
impacts on a customer’s credit score or credit history if a customer does not complete a
loan repayment or has default payments.

Score Disclosures

VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score
model developed by the three major nationwide credit reporting agencies, Experian®,
TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders.
Higher scores represent a greater likelihood that you’ll pay back your debts so you are
viewed as being a lower credit risk to lenders. A lower score indicates to lenders that
you may be a higher credit risk.
There are three different major credit reporting agencies, Experian, TransUnion, and
Equifax that maintain a record of your credit history known as your credit file. Credit
scores are based on the information in your credit file at the time it is requested. Your
credit file information can vary from agency to agency because some lenders report
your credit history to only one or two of the agencies. So, your credit scores can vary if
the information they have on file for you is different. Since the information in your file
can change over time, your credit scores also may be different from day-to-day.
Different credit scoring models can also give a different assessment of the credit risk
(risk of default) for the same consumer and same credit file.

There are different credit scoring models which may be used by lenders and insurers.
Your lender may not use VantageScore 3.0, so don’t be surprised if your lender gives
you a score that’s different from your VantageScore. (And your VantageScore 3.0 may
differ from your score under other types of VantageScores). Just remember that your
associated risk level is often the same even if the number is not. For some consumers,
however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially,
from a lender’s score. If the lender’s score is lower than your VantageScore 3.0, it is
possible that this difference can lead to higher interest rates and sometimes credit
denial.

Purchase Policy

Some of the Services we offer may only be available for a fee. You will only be charged
for fee-based services after we obtain your consent to pay such fees. We reserve the
right to change fees for access to the Services, or to change what features are
available at different fee levels, at any time. You shall pay all fees incurred through your
use of the Services at the rates in effect for the billing period in which such Services are
delivered.

We may cancel use of the Services with or without cause at any time.

Refund Policy

If a new tradeline from us appears on your credit report with any of the major credit
reporting agencies (i.e. Experian, Equifax and TransUnion) within 45 days from the day
of the purchase of the Services, no refund will be made.
If a tradeline does not appear within 45 days from the day of the purchase of the
Services, you can request a full refund.

Disclaimers

None of Company, its parent, any of its affiliates, subsidiaries, providers or their
respective officers, directors, employees, agents, representatives, independent
contractors or licensors guarantees the accuracy, adequacy, timeliness, reliability,
completeness, suitability, availability or usefulness of any of the Site, App and Content,
for any purpose, and each of these persons disclaim liability for errors or omissions in
the Site, App or Content.

Nothing on the Site or the App constitutes an offer to sell or a solicitation of an offer to
buy or sell any security or to participate in any trading strategy. The Content is not
intended to be relied upon as the basis for any investment decision. The Content is not
to be construed as legal, business, or tax advice, and you should consult your own
attorney, business advisor, and/or tax advisor in order to make an independent
determination of the suitability and legal, business, and tax consequences of any action.

Your use of the Site or App is at your sole risk. To the maximum extent permitted by
applicable law, the Site or App and all of the Content is provided “as is” and “as
available,” without any warranty of any kind, either express or implied, including the
implied warranties of merchantability, fitness for a particular purpose, non-infringement
or title. Additionally, there are no warranties as to the results of your use of the Site, App
or Content. The Company does not warrant that the Site or App is free of viruses or
other harmful components. This does not affect those warranties which are incapable of
exclusion, restriction or modification under applicable law.
The Site or App may be temporarily unavailable from time to time for maintenance or
other reasons. The Company assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of, User
communications. The Company is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers or
providers, computer equipment, software or services on account of technical problems
or traffic congestion on the Internet, Site or App. The Company further makes no
warranty, express or implied, regarding the security of the Website, including with
respect to the ability of unauthorized persons to intercept or access information
transmitted by you through this Website.

The Company reserves the right to change or discontinue any and all Content at any
time without notice.

Calculators and tools on the Site or App provide you with estimates of loan terms that
are generally available. The availability of these terms may change at any time at our
sole discretion and are subject to our underwriting criteria. The loan terms you receive
may be different.

The Site or App may contain links to websites or applications maintained by non-
affiliated third parties. Such websites or applications may have terms of use, privacy
policies, or security practices that are different from those of the Company. We are not
responsible for the contents of any such website or application. You agree that you must
evaluate, and bear all risks associated with, the use of any content, including any
reliance on the accuracy, completeness, or usefulness of such content.

Limitation on Liability

IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES), INCLUDING FOR ANY LOST
PROFITS OR LOST DATA, OR IN CONNECTION WITH ANY OTHER REMEDY
RELATING TO OR ARISING FROM YOUR USE OF, OR A DELAY OR INABILITY TO
USE, THE SITE OR APP OR ANY OF THE CONTENT OR OTHER SERVICES OR
MATERIALS ON OR ACCESSED THROUGH THE SITE OR APP, EVEN IF THE
COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR OTHER REMEDY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, APP OR CONTENT,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR
APP.

CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.

NEITHER THE COMPANY, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES
OR SUBCONTRACTORS SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN
OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT
REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER CLIENT, CSID,
NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS MAKE
ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE
INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE
SERVICES. NEITHER THE COMPANY, CSID, NOR ANY OF THEIR RESPECTIVE
AFFILIATES OR SUBCONTRACTORS ASSUME ANY LIABILITY FOR DAMAGES
(WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
EXEMPLARY), IN CONNECTION WITH OR IN ANY WAY RELATED TO THE
PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE OR ATTEMPTED
USE OF THE SERVICES OR ANY DATA OR INFORMATION THEREFROM, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY. NEITHER THE COMPANY, NOR
ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS ARE
RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY
REPORTS YOU RECEIVE AS PART OF THE SERVICE. THE AGGREGATE LIABILITY
OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT
WHICH YOU HAVE PAID CLIENT FOR YOUR MEMBERSHIP. THE TERMS OF THIS
SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION
OF THIS AGREEMENT.

Governing Law; Venue and Jurisdiction

Except as set forth in the section titled “Dispute Resolution by Binding Arbitration; Jury
Trial and Class Action Waiver,” by visiting or using the Site or App, you agree that the
laws of the State of California, without regard to any principles of conflict of laws that
would require or permit the application of the laws of any other jurisdiction, will govern
these Terms of Service.

You agree that you will not use the Site, App or the Company’s products or services in
any unlawful manner or for any unlawful purpose. You may not use or otherwise export
or re- export the Site, App or Content except as authorized by U.S. law. You represent
and warrant that you are not located in any country that is subject to U.S. country-wide
sanctions, or that has been designated by the U.S. as a “terrorist supporting” country,
and are not a party listed on any U.S. list of sanctioned, prohibited or restricted parties.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each
of their directors, officers, representatives, agents, contractors, partners and employees,
harmless from and against any losses, liabilities, claims, demands,
damages, judgments, settlements, penalties, fines, costs, fees and expenses, including
reasonable attorney‘s fees, arising out of or in connection with your use of the Site, App
or our services, your conduct in connection with the Site or App or with other Users of
the Site or App, or any violation of these Terms of Service or of any applicable law or
the rights of any third party.

DISPUTE RESOLUTION BY BINDING ARBITRATION;
JURY TRIAL & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of
Service as the “Arbitration Agreement.” Company is always interested in resolving
disputes amicably and efficiently, and most customer concerns can be resolved quickly
and to the customer’s satisfaction by emailing customer support at help@Credit Escalator.com. If
such efforts prove unsuccessful, a party who intends to seek arbitration

must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to
Company should be sent to Credit Escalator Inc, PO Box 40070, Reno NV 89504 (“Notice
Address”). The Notice must (i) describe the nature and basis of the claim or dispute and
(ii) set forth the specific relief sought. The amount of any settlement offer made by
Company or you shall remain strictly confidential. If Company and you do not resolve
the dispute within sixty (60) calendar days after the Notice is received, you or Company
may commence an arbitration proceeding.

Solely for purposes of this Arbitration Agreement, the terms “Company,” “we,” “us” and
“our” mean (1) Credit Escalator, each of its subsidiaries, affiliates, successors and assigns, and
any of their employees, officers, directors, agents and representatives; and (2) any third
party that you name along with us as defendants in a single proceeding. The Federal
Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”), governs the interpretation and
enforcement of this Arbitration Agreement.

You and we agree that any and all past, present or future disputes, claims or
controversies that have arisen or may arise between you and Company, whether arising
out of or relating to these Terms of Service (including any alleged breach thereof), the
Services, the App, your Account, any advertising or any other aspect of the relationship
or transactions between you and us (collectively, “Claims”), shall be resolved by an
arbitrator through final and binding arbitration, rather than by a judge or jury in court, in
accordance with the terms of this Arbitration Agreement. The term “Claim” has the
broadest reasonable meaning and includes, without limitation: (1) initial claims,
counterclaims, crossclaims and third-party claims; (2) disputes based upon contract,
negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance,
common law and equity; (3) data breach or privacy claims; and (4) claims arising out of
or relating to our written or oral communications with or about you. Claims are subject to
arbitration even if they arise out of or relate to actions, omissions, transactions, facts, or
conduct that occurred before this Arbitration Agreement took effect. However, this
Arbitration Agreement will not apply to any Claim that was already pending in court
before this Arbitration Agreement took effect (although it will apply to new parties or new
Claims that are added subsequently in the court action).
Notwithstanding the foregoing, the following disputes are not required to be arbitrated:
(1) disputes that are within the jurisdiction of a small claims court (or an equivalent
court). You or we may bring an action in small claims court or, if an arbitration demand
has been made, instruct the arbitration administrator to close the case because the
dispute should be decided by a small claims court. However, if the dispute is
transferred, removed, or appealed from small claims court to a different court, it will be
subject to arbitration. Moreover, if you or we bring a counterclaim or cross-claim that is
for more than the small claims court’s jurisdiction, the entire dispute must, if you or we
choose, be resolved by arbitration; (2) disputes about the validity, enforceability,
coverage or scope of this Arbitration Agreement or any part thereof (including, without
limitation, the Class Action Waiver), which are for a court and not an arbitrator to decide.
However, any dispute or argument that concerns the validity or enforceability of these
Terms of Service as a whole is for the arbitrator, not a court, to decide; (3) this
Arbitration Agreement does not preclude you from bringing issues to the attention of
federal, state, or local agencies, and such agencies can, if the law allows, seek relief
against us on your behalf; and (4) if any Service or product you obtain from us contains
its own arbitration agreement, that agreement (and not this one) will govern claims or
disputes arising out of or relating to said Service or product.

CLASS ACTION WAIVER: YOU AND WE AGREE THAT EACH OF US MAY BRING
CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE,
PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR
PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE
PERSON’S OR PARTY’S CLAIMS WITH CLAIMS OF ANY OTHER PERSON OR
ENTITY UNLESS ALL PARTIES OTHERWISE AGREE IN WRITING. ALSO, THE
ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). THE VALIDITY AND
EFFECT OF THIS CLASS ACTION WAIVER SHALL BE DETERMINED
EXCLUSIVELY BY A COURT, AND NOT BY THE ADMINISTRATOR OR ANY
ARBITRATOR.

JURY TRIAL WAIVER: IF YOU OR WE ARBITRATE A CLAIM, YOU AND WE WILL
NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY

DECIDE THE CLAIM.

Arbitration will be conducted by a single neutral arbitrator in accordance with the
American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s
Consumer Arbitration Rules and Supplementary Rules for Multiple Case Filings
(collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For
information on the AAA, please visit its website, http://www.adr.org or call 800-778-
7879. Information about the AAA Rules and fees for consumer disputes can be found at
the AAA’s consumer arbitration page,
https://adr.org/sites/default/files/Consumer_Rules_Web_2.pdf. If AAA cannot or will not
serve, and the parties are unable to select an arbitrator by mutual consent, a court with
jurisdiction will select the administrator or arbitrator, who must agree to abide by all of
the terms of this Arbitration Agreement (including, without limitation, the Class Action
Waiver). Any arbitrator must be a practicing attorney with ten or more years of
experience practicing law or a retired judge. If a party files a lawsuit in court asserting
Claim(s) that are subject to arbitration and the other party files a motion to compel
arbitration with the court which is granted, it will be the responsibility of the party
prosecuting the Claim(s) to commence the arbitration proceeding in accordance with the
administrator’s rules and procedures. If there is any inconsistency between this
Arbitration Agreement, on the one hand, and the AAA Rules or other provisions of this
Agreement, on the other hand, this Arbitration Agreement will control.
The arbitrator must follow the provisions of this Agreement as a court would. The
arbitrator must apply applicable substantive law consistent with the FAA and applicable
statutes of limitations and claims of privilege recognized at law. The arbitrator is
authorized to award all remedies permitted by the substantive law that would apply in an
individual court action, including, without limitation, punitive damages (which shall be
governed by the Constitutional standards employed by the courts) and injunctive,
equitable and declaratory relief (but only in favor of the individual party seeking relief
and only to the extent necessary to provide relief warranted by that party’s individual
Claim). Any finding, award or judgment from an arbitration of any Claim shall apply only
to that arbitration. No finding, award or judgment from any other arbitration shall impact
the arbitration of any Claim. If the amount in controversy is more than $100,000, any
party may appeal the award to a three-arbitrator panel appointed by the administrator,
which will reconsider de novo any aspect of the appealed award. Unless applicable law
provides otherwise, the appealing party will pay the appeal’s cost, regardless of its
outcome. However, we will consider any reasonable written request by you for us to
bear the cost. The arbitrator’s award (or the award of the panel if there is an appeal) will
be final and binding, except for any appeal right under the FAA, and may be entered as
a judgment by any court having jurisdiction.

Unless we and you agree otherwise, any arbitration hearings will take place in a
reasonably convenient location for both parties with due consideration of their ability to
travel and other pertinent circumstances. If the parties are unable to agree on a
location, the determination shall be made by AAA. If your claim is for $10,000 or less,
we agree that you may choose whether the arbitration will be conducted solely on the
basis of documents submitted to the arbitrator, through a telephonic hearing, or by an
in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the
right to a hearing will be determined by the AAA Rules. Regardless of the manner in
which the arbitration is conducted, the arbitrator shall issue a reasoned written decision
sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration
Fees”) will be governed by the AAA Rules. However, if you tell us in writing that you
cannot afford to pay the Arbitration Fees charged by the AAA or other arbitration
administrator and that you were unable to obtain a waiver of fees from the administrator,
and if your request is reasonable and in good faith, we will pay or reimburse you for all
or part of the fees charged to you by the arbitration administrator and/or arbitrator. The
parties shall also bear the fees and expenses of their own attorneys, experts and
witnesses unless otherwise required by applicable law, this Agreement or the
administrator’s rules. If the arbitrator determines that any party’s claim or defense is
frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may
award sanctions in the form of fees and expenses reasonably incurred by the other
party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil
Procedure. All aspects of the arbitration proceeding, and any ruling, decision, or award
by the arbitrator, will be strictly confidential for the benefit of all parties.
This Arbitration Agreement is binding upon and benefits you, your respective heirs,
successors and assigns, and us and our respective successors and assigns. This
Arbitration Agreement shall survive (1) any termination, cancellation or closure of your
Account, (2) any cessation of your relationship with us; (3) any breach, default, or
repayment in full; (4) any termination of credit privileges, and (5) any bankruptcy to the
extent permitted by applicable bankruptcy law.

If any portion of this Arbitration Agreement is held to be invalid or unenforceable, the
remaining portions shall nevertheless remain in force, subject to two exceptions: (1) if a
determination is made that the Class Action Waiver is unenforceable, and that
determination is not reversed on appeal, then the Arbitration Agreement (except for this
sentence) shall be void in its entirety; and (2) if a court determines that a public
injunctive relief Claim may proceed notwithstanding the Class Action Waiver, and that
determination is not reversed on appeal, then the public injunctive relief Claim will be
decided by a court, any individual Claims will be arbitrated, and the parties will ask the
court to stay the public injunctive relief Claim until the other Claims have been finally
concluded.

RIGHT TO REJECT: You may reject this Arbitration Agreement if you do not want it to
apply. Rejection of this Arbitration Agreement will not affect the remaining parts of this
Agreement. To reject this Arbitration Agreement, you must send written notice of your
rejection within 30 days after the date that we approve your application for an Account.
You must include your name, address, and Account number. The notice of rejection
must be mailed to the Notice Address provided above. This is the only way that you can
reject this Arbitration Agreement. If an Account is jointly owned, one owner’s rejection of
this Arbitration Agreement will be deemed to be a rejection by all joint owners. In all
other circumstances, your rejection of this Arbitration Agreement will not be deemed to
be a rejection of this Arbitration Agreement by any person or entity other than you.
We offer a number of different products and services to our customers. If you reject the
Arbitration Agreement in this Agreement, that will not affect any arbitration agreement
that may exist between you and us, now or in the future, in connection with other
products or services you obtain from us. Any such arbitration agreement will remain in
force unless you separately reject it in accordance with its terms.
Notwithstanding any provision in this Agreement to the contrary, we agree that if we
make any future change to this Arbitration Agreement (other than ministerial changes or
a change to the Notice Address) while you have an active Account, you may reject any
such change by sending us a written notice within thirty (30) calendar days of the
change to the Notice Address provided above. If you reject any future change, you will
still be obligated to arbitrate any dispute between us in accordance with the terms of the
arbitration agreement that existed immediately prior to the changed agreement that you
rejected.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS
AGREEMENT MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE
OF ACTION AROSE OR IT WILL BE FOREVER BARRED.
Jury Trial Waiver: If for any reason a Claim is not arbitrated, you and we expressly and
knowingly WAIVE THE RIGHT TO TRIAL BY JURY to the fullest extent permitted by
law. This means that a judge, rather than a jury, will decide disputes between you and
us.

Organization & Personnel

Credit Escalator employs dedicated team members to handle all major product functions, including
operations, and support. The Company focuses on hiring the right people for the right
job as well as training them both on their specific tasks and on the ways to keep the

Credit Escalator and its data secure.

Credit Escalator is organized in the following functional areas:
● Engineering, design, and product development: Personnel that build and manage
Credit Escalator’s application, infrastructure, technical interfaces, and information
technology. Select members of the engineering team are also responsible for
implementing and managing application security and infrastructure security at
Credit Escalator.
● Data: Personnel that query and analyze Credit Escalator’s data including building analytics
tools like dashboards to monitor fraud indicators.
● Finance: Personnel that ensure Credit Escalator has a full and accurate accounting of
company expenses and revenues.
● People Operations & Talent: Personnel that oversee the hiring, retention, and
termination of employees at Credit Escalator.
● Compliance: Personnel that ensure Credit Escalator operates within the bounds and
complies with the applicable regulations
● Operations and Product Marketing: Personnel that drive positioning and framing
of Credit Escalator products and are responsible for customer communications including
resolving customer questions and disputes.
Infrastructure Overview

Credit Escalator is committed to keeping user information confidential and secure. The cloud
infrastructure is designed and configured to maintain a secure environment. Staging
and Production environments are segregated in separate virtual private cloud (VPC)
environments and within each VPC environment, the public subnet is segregated from
the private subnet. External access is restricted to the public subnet. Internal access
requires the use of VPN.

California Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing,
complaints, or inquiries about must be sent to Credit Escalator Inc., Attn: Complaints, PO Box
40070, Reno NV 89504.
You may also contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be contacted in writing
at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254
or (800) 952-5210.

Other

The failure of the Company to exercise or enforce any right or provision of these Terms
of Service will not constitute a waiver of such right or provision in that or any other
instance. Except as set forth in the section titled “Dispute Resolution by Binding
Arbitration; Jury Trial and Class Action Waiver,” if any provision of these Terms of
Service is held invalid, the remainder of these Terms of Service will continue in full force
and effect. If any provision of these Terms of Service will be deemed unlawful, void or
for any reason unenforceable, then that provision will be deemed severable from these
Terms of Service and will not affect the validity and enforceability of any remaining
provisions.