Terms of Service

Acceptance of These Terms of Service

Lilypay, Inc. ("Lilypay," "we," "us," or "our") provides our services (described below) and related content to you through our website(s) located at lilypay.co (the "Site") and through our related technologies (collectively, the Site, including any updated or new features, functionality and technology, the "Services"). All access and use of the Services is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these "Terms of Service"). By accessing, browsing, or otherwise using the Site, or any other aspect of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Services.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the "Terms of Service" link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Services.

Your Privacy: At Lilypay, we respect the privacy of our users. For more information, please see our Privacy Policy, located at https://www.lilypay.co/privacy-policy (the "Privacy Policy"). By using the Service, you acknowledge our collection, use, and disclosure of personal data as outlined there.

Consent to Electronic Records and Signatures

Please read this section before you consent. You must be able to access and retain electronic records to use the Services.

By checking the box marked "I consent to receive records and sign electronically" and continuing, you consent under the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN"), 15 U.S.C. § 7001 et seq., to receive all Communications from Lilypay electronically, and you agree that your electronic signature has the same legal force and effect as a handwritten signature.

1. Scope. "Communications" means all disclosures, agreements, notices, statements, records, and documents we are required by law to provide to you in writing, or that we otherwise provide, including: these Terms of Service; the Privacy Policy and our Gramm-Leach-Bliley Act Privacy Notice; your Installment Agreement and any Truth in Lending Act disclosures; payment authorizations and change-in-terms notices; periodic statements; adverse action notices under the Equal Credit Opportunity Act and the Fair Credit Reporting Act; and servicing, delinquency, and collection notices.
2. Method of delivery. We will provide Communications by (i) email to the address you provide, (ii) posting to your account portal at lilypay.co with notice by email, or (iii) SMS, where you have separately consented to text messages as described below.
3. Hardware and software requirements. To access and retain Communications, you need: a device with internet access; a current version of a major web browser (Chrome, Safari, Edge, or Firefox); a valid email address; software capable of viewing PDF files; and sufficient storage capacity or a connected printer to retain copies. If we change these requirements in a way that creates a material risk that you will be unable to access or retain Communications, we will notify you and give you the right to withdraw your consent at no charge.
4. Right to paper copies. You may request a paper copy of any Communication free of charge by contacting us at support@lilypay.co or by writing to us at Lilypay, Inc., 650 Equinox Loop, Lincoln, CA 95648. Requesting a paper copy does not withdraw your consent to electronic Communications.
5. Withdrawing consent. You may withdraw your consent to receive Communications electronically at any time by contacting us at support@lilypay.co. Withdrawal becomes effective only after we have had a reasonable period of time to process it. If you withdraw consent before your application is complete, we may be unable to continue processing your application. If you withdraw consent after your loan is funded, we may deliver Communications by mail and may charge for paper copies only where permitted by law. Withdrawal does not affect the legal validity or enforceability of Communications provided or agreements signed before withdrawal takes effect.
6. Keeping your information current. You must keep your email address, mobile number, and mailing address current by updating them in your account or notifying us at support@lilypay.co.
7. Confirming access. By checking the consent box, you confirm that you are able to access this disclosure in the electronic format in which it is presented, and that you are able to receive and retain Communications electronically.

Access and Use of the Service

Service Description

The "Services" means the offering of flexible funeral loans to fund service, burial, and memorial expenses charged by third-party funeral service providers, as well as all features, functionalities, and tools provided by Lilypay through the Site that enable users to create and manage fundraiser campaigns with the goal of raising funds for a specific beneficiary. All information provided through the Services is for your general knowledge and is not meant to be professional advice. If you need specific advice, especially regarding financial, legal, or tax issues, you should consult with a professional.

Your Registration Obligations

You may be required to register with Lilypay or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy.

You must be at least eighteen (18) years of age and a legal resident of the United States to apply for, obtain, or guarantee credit through the Services, or to connect a financial account. Persons under 18 years of age are not authorized to use the Service, with or without registering.

Member Account, Password, and Security

You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Lilypay of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Lilypay will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service

Lilypay reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Lilypay will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Credit Check Authorization

By using the Services, you authorize Lilypay and its agents to request and obtain consumer credit reports and other relevant information about you from third-party credit bureaus or agencies, as permitted by law. This may include verifying your identity, assessing your creditworthiness, or managing risk related to our services. We will only conduct such checks where necessary to provide specific Services to you (e.g., flexible funeral loans). This authorization is given in compliance with applicable laws, including the Fair Credit Reporting Act (FCRA), and we will not obtain or use your credit information for any purpose unrelated to the Services you request or use.

Connecting Your Bank Account

To verify your identity, validate your deposit account, assess your ability to repay, and process payments you authorize, we ask you to connect a bank account through our data connectivity provider.

1. Plaid. We use Plaid Inc. ("Plaid") to connect to your financial institution and to gather data from that institution. By using the Services, you grant Lilypay and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree that your personal and financial information will be transferred, stored, and processed by Plaid in accordance with the Plaid End User Privacy Policy, and you agree to the terms of that policy. Plaid is an independent third party; Plaid's privacy policy, and not Lilypay's Privacy Policy, governs Plaid's collection and use of information Plaid collects from or about you.
2. Credentials. When you connect an account, you enter your financial institution credentials directly into Plaid's interface. Lilypay does not receive, view, or store your financial institution login credentials.
3. What we receive. Depending on the products you use and the permissions you grant, we may receive from Plaid: your account and routing numbers, account type and status, account balances, the name and contact information associated with the account, and transaction history and derived account attributes used for identity verification, account validation, fraud prevention, and repayment-ability assessment. Our Privacy Policy describes how we use, share, and retain this information.
4. Managing and revoking access. You may review the data you have shared and revoke Plaid's access at any time through Plaid Portal or by contacting us at support@lilypay.co. Revoking access may prevent us from processing your application, validating your account, or initiating scheduled payments, and does not cancel, reduce, or otherwise affect your obligation to repay any loan. Information we have already received through Plaid remains subject to our Privacy Policy and our retention obligations.
5. Your representation. You represent that you are an owner or authorized signer on any financial account you connect, and that you are authorized to permit access to it.

Loan Installment Agreement

You are expected to execute a loan installment agreement (the "Installment Agreement", located at https://www.lilypay.co/installment-agreement) each time your request for funding through the Services is approved by us. The Installment Agreement contains important terms and conditions of the loan we provide and your repayment obligations. You should review the Installment Agreement carefully and consult with your financial and legal advisors before agreeing to the Installment Agreement. In the event of any conflict between these Terms of Service and your Installment Agreement with respect to the terms of your loan, the Installment Agreement controls.

Preauthorized Electronic Fund Transfers (ACH Authorization)

This section describes the terms that govern electronic debits from your bank account. The specific authorization for your loan payments — including the payment amount, schedule, and the account to be debited — is captured separately when you set up automatic payments, and that authorization together with your Installment Agreement governs the specific transfers.

1. Authorization. You authorize Lilypay, its loan servicer, and their respective agents (collectively for purposes of this section, "we") to initiate electronic debit entries — and, where necessary, credit entries and adjustments to correct errors — to the deposit account you designate (the "Designated Account") at the financial institution you identify, and you authorize that financial institution to debit and credit the Designated Account accordingly. This authorization applies to the payment amounts and schedule set out in your Installment Agreement and payment authorization, including any final payment, and to any additional amounts you separately authorize.
2. Amount and timing. Debits will be initiated on the payment due dates stated in your Installment Agreement, in the scheduled payment amount, until your loan is paid in full. If a payment date falls on a day that is not a banking business day, the debit may be initiated on the next business day. If a debit is returned, we may re-initiate it up to two additional times as permitted by the Nacha Operating Rules.
3. Changes in amount. If the amount of a scheduled debit will differ from the amount previously authorized, we will notify you at least ten (10) days before the debit date. You may elect instead to receive notice only when a debit falls outside a range of amounts you specify.
4. Revocation. You may revoke this authorization at any time by contacting us at support@lilypay.co or (833) 773-5459 in time for us to receive your request at least three (3) business days before the scheduled payment date. Revoking this authorization does not cancel or reduce your obligation to repay your loan. You remain responsible for making payments by another method we accept, and a returned or missed payment may result in fees and may be reported to consumer reporting agencies.
5. Stop payment. You may also have the right to order your financial institution to stop payment by contacting it at least three (3) business days before the scheduled debit. Your financial institution may charge a fee for a stop payment order.
6. Returned payments. If a debit is returned for insufficient funds or for any other reason, you may be charged a returned payment fee as disclosed in your Installment Agreement, and your financial institution may charge you its own fee.
7. Errors and questions. If you believe an electronic fund transfer to or from your account was unauthorized or incorrect, contact us immediately at support@lilypay.co or (833) 773-5459. You also have rights under the Electronic Fund Transfer Act and Regulation E (12 C.F.R. Part 1005), including error resolution rights described in the disclosures provided by your financial institution.
8. Account validation. You represent that you are an owner or authorized signer on the Designated Account. Consistent with the Nacha Operating Rules, we validate account information before initiating debits to a new account number.
9. Recordkeeping. We retain a record of your authorization, including the text as displayed to you and the date and time of your authorization, for at least two (2) years after the authorization is terminated or revoked.

Community Garden Fundraising

Lilypay does not act in, or intend to act in, any capacity that requires registration, licensure, or compliance as a professional fundraiser, commercial fundraiser, or professional fundraising counsel in any US state, as such terms are defined under applicable laws. We do not control or endorse any user, fundraiser, or cause, and Lilypay does not guarantee the success of a fundraiser. As a donor, it is up to you to decide if a cause is worth contributing to.

Artificial Intelligence

Lilypay may enable you to use artificial intelligence ("AI") features developed by us and/or our third-party service providers ("AI Service Providers") to make it easier for you to write, create assets or other content and promote your use of our Services such as helping you draft fundraisers, posts, or other content relevant to a memorial service or obituary. Use of these features is optional, offered solely as a convenience to you, and such features are offered on an as-is basis with no warranties of any kind. AI-generated content is probabilistic, meaning it may not always be unique across users and may contain errors, inaccuracies, or offensive content that does not reflect Lilypay's views. AI-generated content should not be relied upon for legal, financial, medical, or other professional advice. You are solely responsible for reviewing, editing, and ensuring the accuracy and appropriateness of all AI-generated content before incorporating or otherwise sharing such content. Exercise discretion before using AI-generated content on social media or in any public communications. We do not use AI to make credit decisions without human review, and we do not submit your financial account data or credit report data to third-party AI Service Providers for the purpose of training their models.

General Practices Regarding Use and Storage

You acknowledge that Lilypay may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Lilypay's or its third-party service providers' servers on your behalf. You agree that Lilypay has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Lilypay reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Lilypay reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Nothing in this section limits our obligation to retain records as required by applicable law, including the retention periods described in our Privacy Policy.

Funeral Home Partner Obligations

If you access or use the Services on behalf of a funeral home, funeral service provider, or other partner (a "Partner"), then by accessing, signing in to, or otherwise using the Services you represent, warrant, and agree, on behalf of your organization, to each of the following. These obligations are a condition of your access to and use of the Services and apply automatically without the need for any separate attestation.

• Your funeral home complies with the FTC Funeral Rule, including providing a General Price List (GPL) and refraining from unlawful tying arrangements.
• You will not condition the sale or provision of any funeral goods or services on a family's choice to use Lilypay.
• You will not steer or influence families toward or away from any financing option based on kickbacks or other improper incentives.
• You will not make financing claims beyond Lilypay-approved assets and materials.
• You will not complete any part of the credit application on a family's behalf.
• You will send an initial Lilypay application link by text only when the consumer directly requests that specific text, and you will accurately record the required consent attestation in the Lilypay partner dashboard.
• You will not use purchased, rented, scraped, shared, or third-party lead lists for Lilypay text messages.
• Marketing assets are locked. You will not edit cost, fee, or rate language, and you will use only Lilypay-approved calculator embeds and materials.
• You will not ask a family for, receive, or record their financial institution login credentials, account numbers, or routing numbers, and you will not complete or assist with the bank account connection step on a family's behalf.

Partner-visible borrower data is limited to application status and funded amount, and you will never receive or seek to receive credit report data or financial account data obtained through our data connectivity provider through the Services. Violation of any of these obligations may result in suspension or termination of your access to the Services in accordance with these Terms of Service.

Conditions of Access and Use

User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials ("content") that you make available to Lilypay, including by uploading, posting, publishing, or displaying (hereinafter, "upload(ing)") via the Service or by emailing or otherwise making available to other users of the Service (collectively, "User Content").

The following are examples of the kinds of content and/or uses that are illegal or prohibited by Lilypay. Lilypay reserves the right to investigate and take appropriate legal action against anyone who, in Lilypay's sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

• email or otherwise upload any content that infringes any intellectual property or other proprietary rights of any party
• email or otherwise upload any content that you do not have a right to upload under any law or under contractual or fiduciary relationships
• email or otherwise upload any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
• email or otherwise upload any content that poses or creates a privacy or security risk to any person
• email or otherwise upload any content that constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation
• email or otherwise upload any content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service
• violate any applicable local, state, national, or international law, or any rule, guidance, or regulations having the force of law ("Laws")
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• initiate or knowingly participate in a fundraiser that is fraudulent, misleading, inaccurate, dishonest or impossible
• connect, or attempt to connect, a financial account that you do not own or are not authorized to access
• provide false, inaccurate, or misleading information in a credit application, or apply for credit on behalf of another person without their knowledge and authorization
• solicit personal information from anyone under the age of 18
• harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities
• obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service
• engage in any activity that disguises, conceals, or otherwise obscures the origin of funds
• circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content) available on or through the Service, including through the use of virtual private networks
• engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods

You represent and warrant that all content you provide (whether directly, or through an agent or by using artificial intelligence), whether regarding your flexible loan or fundraiser, is accurate, complete, and clear. You are responsible for complete and accurate information (including, but not limited to, in the case of a fundraiser, how funds will be used, and ensuring the funds raised are only used for that specific purpose).

When you donate money via the Services, it is your responsibility to understand how your donation will be used, and you donate at your own risk. Lilypay does not withhold funds for tax purposes or otherwise. You, as an organizer or beneficiary, are solely responsible for paying any applicable taxes in connection with any donations you receive. It is up to you to calculate, report, and pay the correct amount of tax to the tax authorities.

If you are blocked by Lilypay from accessing the Service (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 or virtual private network).

Fees

This section applies to fees for the Site and fundraising features. Interest, finance charges, fees, and payment terms applicable to your loan are governed exclusively by your Installment Agreement and the Truth in Lending Act disclosures provided to you before you sign it. In the event of any conflict, those disclosures control.

To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. A transaction fee is charged on all donations made to fundraisers and is deducted from each donation by our Payment Processors to securely deliver your donations. You represent and warrant to Lilypay that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Lilypay or the Payment Processor, as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur.

You agree to pay Lilypay the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Lilypay (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Lilypay know within sixty (60) days after the date that Lilypay charges you, or within such longer period of time as may be required under applicable Law.

We reserve the right to change Lilypay's prices. If Lilypay does change prices, Lilypay will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Lilypay's option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. This price-change provision does not apply to your loan; the terms of your loan may not be changed except as provided in your Installment Agreement and as permitted by applicable law. You will be responsible for all taxes associated with the Service, other than taxes based on Lilypay's net income.

Payment Processing

This section addresses payment processing for donations and Site fees. It does not apply to loan disbursement or loan repayment, which are handled by Lilypay and its loan servicer as described in your Installment Agreement and in the section titled "Preauthorized Electronic Fund Transfers (ACH Authorization)."

To facilitate payment for donations and Site fees via bank account, credit card, or debit card, we use a third-party payment processor (collectively, "Payment Processor"). These payment processing services are provided by the Payment Processor and are subject to the Payment Processor's terms and conditions, privacy policy, and all other relevant agreements (collectively, the "Payment Processor Agreements").

By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Payment Processor Agreement for the payment function the user is using, as the same may be modified by Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information.

By making a donation, setting up a fundraiser, or accepting the role of beneficiary to a fundraiser, you agree to the processing, use, transfer, or disclosure of data by the Payment Processor pursuant to these Terms of Service as well as any and all applicable terms set forth by the applicable Payment Processor(s).

Refunds and Cancellations

Payments made by you hereunder are final and non-refundable unless otherwise determined by Lilypay. You may cancel your subscription online by emailing us at: support@lilypay.co. This section does not apply to loan payments. Your right to prepay your loan, in whole or in part, and any applicable refund of unearned charges, is governed by your Installment Agreement and applicable law.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes. The Service is for your personal use.

Mobile Services and Software

Mobile Services

The Service includes certain services that are available via a mobile device, including the ability to upload content to the Service via a mobile device and the ability to browse the Service and the Site from a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Telephonic Communications Services

Lilypay Text Messaging Program. If you actively select the optional, unchecked text-message consent checkbox, you agree to receive recurring automated text messages from Lilypay at the mobile number you provide. Messages may include requested application links, incomplete-application reminders, financing application status updates, account and payment reminders, and customer-support responses. Message frequency varies.

Consent to receive recurring text messages is optional and is not a condition of applying for or receiving credit, purchasing goods or services, or otherwise using Lilypay. Merely providing a telephone number does not enroll you in this text-message program. A consumer may separately make a one-time request for a participating funeral provider to send an initial Lilypay application link by text.

In the event you change or deactivate your telephone number, you agree to promptly update your Lilypay account information to ensure that your messages are not sent to a person that acquires your old telephone number.

Lilypay does not charge for text messages, but message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Availability and delivery depend on your carrier and mobile device.

Lilypay does not sell, rent, or share mobile phone numbers with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent are used only to provide the messaging service, subject to the limited service-provider and legal-disclosure exceptions described in our Privacy Policy.

Reply STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT to opt out. You may receive one final message confirming your opt-out. Reply START, YES, or UNSTOP to opt in again. Reply HELP for help or email support@lilypay.co. For details about how Lilypay handles personal information, see our Privacy Policy.

Voice calls and account communications. Separately from the text messaging program above, you authorize Lilypay, its loan servicer, and their agents to contact you at any telephone number, email address, or mailing address you provide, including a wireless number, for purposes relating to your application or account — including application status, servicing, payment reminders, and collection — using automatic telephone dialing systems, prerecorded or artificial voice messages, text messages, and email. Consent to these account-related communications is not required as a condition of obtaining credit, and you may revoke it at any time by any reasonable means, including by contacting us at support@lilypay.co or (833) 773-5459, or by replying STOP to a text message. We will honor a revocation within ten (10) business days. Revoking consent does not eliminate communications we are required by law to send you. Calls to and from us may be monitored or recorded for quality assurance and training.

Ownership; Restrictions

The technology and software underlying the Service or distributed in connection therewith are the property of Lilypay and its licensors (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Lilypay.

Special Notice for International Use; Export Controls

Lilypay is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the Laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export Laws. Downloading, accessing, or using the Software or Services is at your sole risk.

Intellectual Property Rights

Service Content

You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and Laws. Except as expressly authorized by Lilypay, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks

The Lilypay name and logos are trademarks and service marks of Lilypay (collectively the "Lilypay Trademarks"). Other Lilypay, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Lilypay. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Lilypay Trademarks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of Lilypay Trademarks will inure to our exclusive benefit.

Third-Party Material

Under no circumstances will Lilypay be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Lilypay does not pre-screen content, but that Lilypay and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Lilypay and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Lilypay, in its sole discretion, to be otherwise objectionable. 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.

User Content

This "User Content" section applies to content you post to fundraisers and other public or shared areas of the Service. It does not apply to your application information, credit information, financial account information, or other nonpublic personal information, which is governed solely by our Privacy Policy and our Gramm-Leach-Bliley Act Privacy Notice.

You represent and warrant that you own all right, title, and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Lilypay, and its successors and assigns, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content (including any name, username, voice, image or likeness incorporated therein or otherwise provided by you), in any form, medium or technology now known or later developed, (a) in connection with the operation of the Service; (b) to provide, develop and improve the Service and other offerings of Lilypay; and (c) as otherwise set forth in our Privacy Policy.

This license includes the right for Lilypay to make your User Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals that partner with Lilypay. You also agree that Lilypay may remove metadata associated with your User Content and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.

You assume all risk associated with your User Content and the transmission of your User Content and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content.

You hereby authorize Lilypay and its third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, "Usage Data"). Lilypay may use Usage Data for any purpose in accordance with applicable Law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ("Submissions"), provided by you to Lilypay are non-confidential and Lilypay will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Lilypay may preserve User Content and may also disclose User Content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• comply with legal process, applicable Law, or government requests
• enforce these Terms of Service
• respond to claims that any content violates the rights of third parties
• protect the rights, property, or personal safety of Lilypay, its users, or the public

You understand that the technical processing and transmission of the Service, including your User Content, may involve:

• transmissions over various networks
• changes to conform and adapt to technical requirements of connecting networks or devices

Copyright Complaints

Lilypay respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Lilypay of your infringement claim in accordance with the procedure set forth below.

Lilypay will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property Laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Lilypay's Copyright Agent at support@lilypay.co (Subject line: "DMCA Takedown Request").

To be effective, the notification must be in writing and contain the following information:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed
• identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property
• identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service
• your address, telephone number, and email address
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the Law
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the Law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
• a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Placer County, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement

If a counter-notice is received by the Copyright Agent, Lilypay will send a copy of the counter-notice to the original complaining party informing them that Lilypay may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Lilypay or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy

In accordance with the DMCA and other applicable Law, Lilypay has adopted a policy of terminating, in appropriate circumstances and at Lilypay's sole discretion, the accounts of users who are deemed to be repeat infringers. Lilypay may also at its sole discretion and at any time limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the "Third-Party Services"). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services.

Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers.

Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage, and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy.

Lilypay has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Lilypay, will be responsible for any and all costs and charges associated with your use of any Third-Party Services.

Lilypay enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Lilypay will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

To the extent permitted under applicable Law, you agree to defend, indemnify, and hold harmless Lilypay, and its officers, employees, directors, service providers, licensors, and agents (collectively, the "Lilypay Parties"), from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another.

Lilypay will provide notice to you of any such claim, suit, or proceeding. Lilypay reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Lilypay's defense of such matter. You may not settle or compromise any claim against the Lilypay Parties without Lilypay's written consent.

Disclaimer of Warranties

Nothing in this section or in the section titled "Limitation of Liability" limits, waives, or disclaims any right you have under the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Electronic Fund Transfer Act, the Fair Debt Collection Practices Act, the Military Lending Act, or any other consumer protection law that may not be waived or limited by agreement.

THE LILYPAY PARTIES MAKE NO WARRANTY THAT:

• THE SERVICE WILL MEET YOUR REQUIREMENTS
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS

ALL THIRD-PARTY INFORMATION AND CONTENT ON THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. LILYPAY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THIS INFORMATION. NO CONTENT IS INTENDED TO PROVIDE FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE. BEFORE MAKING DECISIONS ABOUT WHETHER TO TAKE OUT A LOAN, FUNDRAISERS, DONATIONS, OR ANY RELATED INFORMATION, CONSULT WITH YOUR FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVISOR. YOU ACKNOWLEDGE THAT YOU ACCESS ALL INFORMATION AND CONTENT ON THE SERVICES AT YOUR OWN RISK.

WE DO NOT GUARANTEE THAT ANY FUNDRAISER WILL RECEIVE A SPECIFIC AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL. WE DO NOT ENDORSE ANY FUNDRAISER, USER, OR CAUSE, AND WE MAKE NO GUARANTEES ABOUT THE ACCURACY OF INFORMATION PROVIDED THROUGH THE SERVICES. AS A DONOR, YOU MUST DETERMINE THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY USER OR FUNDRAISER.

Limitation of Liability

• THE USE OR THE INABILITY TO USE THE SERVICE
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
• ANY OTHER MATTER RELATING TO THE SERVICE

IN NO EVENT WILL THE LILYPAY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LILYPAY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "INDEMNIFICATION," "DISCLAIMER OF WARRANTIES," AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration

a. Military Lending Act Exclusion

This Arbitration Agreement does not apply to, and you are not required to arbitrate, any dispute arising out of or relating to any extension of credit that is subject to the Military Lending Act, 10 U.S.C. § 987 and its implementing regulation, 32 C.F.R. Part 232. If, at the time you become obligated on a loan, you are a covered borrower under the Military Lending Act — generally, an active-duty member of the armed forces serving on active duty under a call or order that does not specify a period of 30 days or fewer, or a dependent of such a member — then this Arbitration Agreement is void as to that loan, and additional federal protections apply to your loan, including a limitation on the Military Annual Percentage Rate and required oral and written disclosures that we will provide to you before you become obligated.

b. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Lilypay, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including the Consumer Financial Protection Bureau at consumerfinance.gov/complaint and your state attorney general or financial regulator, and such agencies can, if the law allows, seek relief against us on your behalf.

You agree that, by entering into these Terms of Service, you and Lilypay are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

c. Your Right to Opt Out of Arbitration

You may reject this Arbitration Agreement by sending us written notice within thirty (30) days after the date you first accept these Terms of Service. Your notice must include your full name, mailing address, email address, and account or application number, and must state clearly that you reject the Arbitration Agreement. Send it to: Lilypay, Inc., Attn: Legal — Arbitration Opt-Out, 650 Equinox Loop, Lincoln, CA 95648, or by email to support@lilypay.co with the subject line "Arbitration Opt-Out."

Rejecting arbitration will not affect any other provision of these Terms of Service, will not affect your loan or your eligibility for credit, and we will not close your account, deny your application, or otherwise retaliate against you because you opted out. If you opt out, disputes between us will be resolved in court as described in the "General" section below.

d. Prohibition of Class and Representative Actions and Non-Individualized Relief

UNLESS BOTH YOU AND LILYPAY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. 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), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

e. Pre-Arbitration Dispute Resolution

Lilypay 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 support@lilypay.co.

If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). Notice to Lilypay must be sent by certified mail to: Lilypay, Inc., Attn: Legal — Notice of Dispute, 650 Equinox Loop, Lincoln, CA 95648 (the "Notice Address"). Notice to you will be sent to the mailing address or email address in your account.

The Notice must:

• describe the nature and basis of the claim or dispute
• set forth the specific relief sought

If Lilypay and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Lilypay may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Lilypay or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Lilypay is entitled.

f. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement.

For information on the AAA, please visit its website: https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page: https://www.adr.org/consumer.

If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.

The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.

Unless Lilypay 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. You may elect to have the hearing conducted in the county of your residence. If the parties are unable to agree on a location, the determination will be made by AAA.

If your claim is for $10,000 or less, Lilypay agrees 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 will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

g. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.

For any claim you initiate seeking $10,000 or less, Lilypay will pay all Arbitration Fees, except where the arbitrator determines your claim was filed for a purpose of harassment or is frivolous. To the extent any Arbitration Fees are not specifically allocated to either Lilypay or you under the AAA Rules, Lilypay and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Lilypay will pay your portion of such fees.

In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Lilypay will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules and by any applicable fee-shifting statute, including consumer protection statutes that provide for recovery of attorneys' fees by a prevailing consumer.

h. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be kept confidential for the benefit of all parties, except that nothing in this section prevents either party from disclosing information as required by law, to a regulator or government agency, to that party's attorneys, accountants, auditors, or insurers, or as necessary to enforce or challenge the award.

i. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (d) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified.

If a court or the arbitrator decides that any of the provisions of subsection (d) above are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

j. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Lilypay agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Lilypay written notice within thirty (30) calendar days of the change to the Notice Address provided above.

By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

k. Survival

This Arbitration Agreement survives the termination of these Terms of Service, the closing of your account, and the repayment, sale, transfer, or charge-off of your loan.

Termination

You agree that Lilypay, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Lilypay believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.

Termination or suspension of your access to the Service does not cancel, reduce, or otherwise affect your obligation to repay any outstanding loan, and does not terminate your Installment Agreement. We will continue to provide you with the account statements, notices, and access to records required by applicable law.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Lilypay may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Lilypay may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, subject to our obligation to retain records as required by applicable law and as described in our Privacy Policy.

Further, you agree that Lilypay will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Lilypay will have no liability or responsibility with respect thereto. Lilypay reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Lilypay governing your access and use of the Service, and supersede any prior agreements between you and Lilypay with respect to the Service. Your Installment Agreement is a separate agreement and is not superseded by these Terms of Service.

You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions, except that federal law and the law of your state of residence will govern to the extent that such law provides you with greater protections that may not be waived by agreement.

With respect to any disputes or claims not subject to arbitration, as set forth above, you and Lilypay submit to the personal and exclusive jurisdiction of the state and federal courts located within Placer County, California, except that, if you have opted out of arbitration or your dispute is excluded from arbitration under the Military Lending Act Exclusion, you may bring an individual action in a court of competent jurisdiction in the county and state of your residence.

The failure of Lilypay to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where a longer period is required by applicable law, including claims under the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Electronic Fund Transfer Act, and the Military Lending Act, for which the statutory limitations period applies.

A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign these Terms of Service without the prior written consent of Lilypay, but Lilypay may assign or transfer these Terms of Service, in whole or in part, without restriction. You acknowledge that we may sell, assign, pledge, or transfer your loan and the related account records to a purchaser, investor, or successor servicer, and that these Terms of Service, your Installment Agreement, and our Privacy Policy will continue to apply. We will notify you of any transfer of servicing as required by applicable law.

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words "include" and "including," and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words "without limitation."

Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. We will provide at least thirty (30) days' advance notice by email of any change to these Terms of Service that materially and adversely affects your rights, and such changes will not apply retroactively to any loan already outstanding except as permitted by your Installment Agreement and applicable law.

Lilypay will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Lilypay's reasonable control.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted:

• via email at dca@dca.ca.gov
• in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
• by telephone at (800) 952-5210 or (800) 326-2297 (TDD)

Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD).

You may contact us at Lilypay, Inc., 650 Equinox Loop, Lincoln, CA 95648, support@lilypay.co.

Additional consumer complaint resources. You may also submit a complaint about a consumer financial product or service to the Consumer Financial Protection Bureau at consumerfinance.gov/complaint or by calling (855) 411-2372, or to your state financial regulator or attorney general.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

Please contact us at support@lilypay.co to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

Lilypay, Inc. 650 Equinox Loop Lincoln, CA 95648
Email: support@lilypay.co
Phone: (833) 773-5459