TERMS OF USE

Updated: May 9, 2024

Use of ARF Website, Merchant Portal and Bankroll Mobile App. You agree to the following additional terms and conditions ("Terms") for use of the ARF Financial, LLC (ARF) Website, Merchant Portal and Bankroll Mobile App websites (together collectively referred to herein as the "Sites"). The Sites are provided as a tool and convenience for Users (defined below) to manage their business loan accounts that they have with ARF, or for loans serviced by ARF under a marketing and servicing agreement an ARF partner bank. The use and availability of the Sites shall in no way modify, amend or excuse any obligation of the Merchant/Borrower or any Loan Guarantor (collectively, a "User") or give rise to any right of offset, reduction or modification of the Merchant Agreement, Guaranty and/or any obligations thereunder (collectively, "Financing Agreements"). The term "User" may also refer to participants in ARF's referral partner program as applicable. This is a legal agreement between you and ARF.

As used herein, the following words shall have the following meaning. "ARF" includes "ARF Financial LLC", "ARF", "we", "us" and "our". "You" or "Your" refers to the User of the Sites.

The Sites are intended to offer certain features to a User which may include but not limited to the following: (i) access to account balances, account statements and payment history, (ii) request a Draw or Additional Advance on a Loan, (iii) electing a Pay Down under a ARF Bankroll Revolving Line of Credit, (iv) manage account settings such as username and password settings, and (v) requesting an Early Payoff Statement (the "Services"). The Sites will restrict the ability to request a Pay Down and will not post the Pay Down if the Pay Down is made or requested within one week of funding of a Draw or a previous Pay Down ("Resent Event") until the first Weekly Payment which is due after such Reset Event is paid and posted to the User's account. The use of the Services is also subject to the limitations and requirements set forth in the Financing Agreements, including the Advance Requirements, see below. ARF reserves the right to modify the Services and functionality of the Sites at any time. ARF does not warrant the availability or functionality of the Sites and the availability and functionality of the Sites shall in no way modify, amend or excuse any obligation of the User under its Financing Agreements, including the obligations to make timely and full payments under the Financing Agreements. The use of the Sites and Services may be subject to additional terms, and such additional terms will be either listed in these Terms or will be presented to you for your acceptance when you sign up to use the Services or enter into further Financing Agreements. Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes. Please see the beginning of the Terms to determine when the Terms were last revised.

Draw Request (Additional Advance) and Paydown Request Rules and Disclosures. The funding of an additional advance request is contingent upon each of the following: the credit worthiness of the Merchant or the Guarantor(s) requesting this draft has not materially changed in the sole discretion of ARF or the Bank which originated the Loan, its agent or representative (collectively, "Lender"); Lender may require additional information to determine the Merchant's and Guarantor's credit worthiness; the additional advance request, along with all prior outstanding advances does not exceed the Merchant's pre-approved credit limit; the advance request is not less than the minimum product requirements (i.e. $5,000 for Term Loans with Revolving Period ("TLRP"), $10,000 for Term Loans with Interest Only Revolving Period ("IO-TLRP"), $5,000 for Flex Pay Additional Advances or $25,000 for Interest Only Flex Pay Additional Advances); for TLRP and IO-TLRP, the Merchant must maintain a minimum principal balance of $5,000 after a Principal Pay Down in order to maintain availability for advance requests during the Revolving Period; the Merchant has been approved for the requested rate and term indicated in its prior advances; the Authorized Signer of the Merchant provides phone verification to ARF or its agent/representative that the advance request is authentic; the Merchant's payment history has no missed payments and/or the Merchant is current; the Authorized Signer of the Merchant executes the appropriate Loan Amendment and an Authorized Signer of Lender countersigns said Amendment or the Authorized Signer of the Merchant executes or accepts an Advance Request either through this Merchant Portal or corresponding Mobil App or other writing acknowledging the terms of the Advance in a form acceptable to Lender including the payment of any loan fees associated with the Advance. In addition, none of the following adverse events shall have occurred: the Merchant has placed a Stop Payment or Revoked Authorization on their bank account, or their bank account has been frozen; the Guarantor's Equifax Beacon Score has dropped to a lower Equifax Beacon Score underwriting tier than the tier in which the Loan was originally approved; the Merchant has new tax liens, judgements and/or collection issues; the Merchant has taken on new debt or obligations or merchant cash advance resulting in new debt payments being made from the Merchant's bank account; the Merchant's legal entity is not active on the applicable State Site; the Merchant's sales have dropped more than 15% in the most current month(s) reviewed without satisfactory explanation; the Merchant has more than 10 NSFs in the most current month without satisfactory explanation; the Merchant has overdrawn bank account balances in the current month; the Merchant is currently delinquent on their lease, rent or business mortgage by more than 30 days without satisfactory explanation; the Merchant or any Guarantor has filed for bankruptcy; any other event has occurred that with the passage of time or notice would constitute an Event of Default under the Merchant Agreement; the Merchant's ownership has materially changed; the Merchant's business has closed whether temporarily or permanently; the main Guarantor on the Loan has died or has become physically incapacitated due to serious illness; the main Guarantor on the Loan is currently more than 30 days late on their home mortgage; other issue that Lender's Underwriting may determine poses a significant impact on the credit worthiness of the Merchant or the Guarantor(s) requesting the Advance. The Loan Proceeds from this advance request will be wired into the Merchant's Business Checking Account already on record less any applicable loan fees or required disbursements; and, Lender will use reasonable commercial efforts to fund within 2 to 3 business days of receipt of a fully executed Loan Amendment or Advance Request and satisfaction of the foregoing conditions, but Lender shall have no liability to Merchant for any delay in funding the Advance. Principal Pay Downs may not be posted to Merchant's account on the Merchant Portal or Mobil App for 2 business days after the receipt of a wire transfer for the Principal Pay Down and these funds will not be shown as available for an Advance Request until they are posted to Merchant's account.

Promotional Offers/Gift Cards. Promotional Offers for Amex Gift Card(s) are conditional based upon the terms of the Offer and the Merchant's approval under standard underwriting models and policies, merchant's acceptance of an approved loan amount, rate and term, and the Advance Requirements for Advances under Bankroll Lines of Credit and the minimum draw requirements and maximum gift card amounts stated in the Offer. Minimum draw requirements apply to each individual draw requested and funded. Individual draws cannot be combined to meet the minimum draw requirements of any promotional offer. ARF Financial reserves the right to terminate any promotional offer at any time.

Data Security. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ARF is not responsible for third-party access to your account that results from theft or misappropriation of your username and passwords. Your privacy is very important to ARF and we are committed to protecting your personal information from unauthorized access or use. We seek to use reasonable organizational, physical, technical and administrative measures to protect personal information within our organization. Please see additional security information in our Privacy Policy which is located here:www.arffinancial.com/privacy. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us via the contact us link below. You have the responsibility to help us protect your loan account information by never revealing your username or password to other individuals.

Preventing Identity Theft. In order to help us protect your personal information, it is important that you always keep your account information safe. Never share your Merchant ID or password with anyone under any circumstances. Additional information regarding identity theft and the steps you can take to help protect yourself from fraud can be found on the Federal Trade Commission website.

Updating Your Information. It is very important that you keep the information associated with your merchant loan account accurate and up to date. If you believe that your account information is incomplete, or otherwise not current, please contact us and provide us with the appropriate information. Alternatively, you may call or write to us at the telephone numbers or appropriate address for changes listed on your account statements, records, online or other account materials. If you would like to review or update personal information that you have previously provided to us, you may contact us.

Proprietary Information. You understand, acknowledge and agree the design of Sites, as well as any and all information contained on it, constitute the confidential and proprietary information owned and provided to you by ARF Financial, LLC. Such proprietary information is disclosed to you under the protection of copyright, patent, trade secret, and/or other intellectual property laws and regulations, and any use by you other than as expressly permitted by us in your user agreement without our prior written consent is strictly prohibited.

Esign Consent To Use Electronic Records And Signatures. Our goal is to provide you with as many options as possible for receiving your merchant account information and documents. By using the Sites, you are consenting to receive merchant account information and documents electronically. You hereby consent to use electronic records and signatures. In our sole discretion, the communications we provide to you, or that you sign or agree to at our request, may be in electronic form ("Electronic Records").

We may always, in our sole discretion, provide you with any communication in writing, even if you have chosen to receive it electronically. Your merchant agreement requires you to give us a written notice in certain circumstances. You must still provide these notices to us on paper, unless we specifically tell you in another communication how you may deliver that notice to us electronically. If we provide Electronic Records to you, and you want a paper copy, you may contact us and request a paper version. You will find the appropriate contact information in the account statement related to the Electronic Record. Your consent covers all ARF or bank partner agreements. Your consent remains in effect until you give us notice that you are withdrawing it. If you decide not to use Electronic Records and signatures in connection with the new loan, your decision does not mean you have withdrawn this consent for any other loan. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.

If you are receiving online account statements, the termination will cause paper statements to be mailed to you via the U.S. Postal Service or other courier. You must keep your email or electronic address current with us. You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by going to the User Profile/Contact Information page within the Sites and updating your contact information.

To receive Electronic Records, you must have access to: a Current Version (defined below) of an Internet browser we support, a connection to the Internet, a Current Version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader), and a computer and an operating system capable of supporting all of the above or in the case of the ARF Bankroll Mobil App, the most current version of the ARF Bankroll Mobil App, including any updates available through the Apple or Google/Android App Store. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form. You must also have an active email address. In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices. By "Current Version," we mean a version of the software that is currently being supported by its publisher. From time to time, we may offer services or features that require that your Internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly configured, we will provide you with a notice and advice on how to update your configuration. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with online banking. If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your Electronic Records, we will give you notice of the revised hardware or software requirements. By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other authorized signers, authorized representatives, delegates.

Telephone Communications. You acknowledge that telephone calls to or from ARF, together with its agents and affiliates, may be monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to ARF, including not limited to your name, mailing address, email address, your business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber to the telephone number that you have provided. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect or as soon thereafter as possible by emailing us at Portal_Support@arffinancial.com. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from ARF, and third parties acting on its behalf, related to promotions, your account, any application or transaction, and/or your relationship with ARF. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is/are registered on any state or federal Do Not Call list. You agree that ARF may obtain, and you expressly agree to be contacted at, any email addresses, or phone numbers provided by you or your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You understand that you do not have to agree to receive automated calls/texts as a condition of transacting business with ARF. If you do not consent, you may call us at 866-702-4430 or via email to Portal_Support@arffinancial.com. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, reply STOP to any text message you receive from us. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different short codes for different messaging purposes so texting STOP to one short code will not effectuate a stop request for all short codes to which you are subscribed. If you would like to stop messages from multiple short codes, reply STOP to each short code to which you would like to unsubscribe. You may also contact us at Portal_Support@arffinancial.com advising that you want to opt out of text messages and specifying the phone number(s) for which opt-out should apply. You may incur a charge for text messages from your telephone carrier for which you will be responsible. You must notify us immediately of any breach of security or unauthorized use of your telephone device. You agree to indemnify ARF for any privacy, tort or other claims, including under the Federal Telephone Consumer Protection Act or similar state laws, including claims relating to providing a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys' fees incurred) with counsel of our choice.

Disclaimer of Warranty. This section shall apply to the maximum extent permitted by applicable law. ARF provides the Sites and the Services on an "as-is" and "as available" basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Services or the Sites (including all information contained therein), including any implied warranties of merchantability, fitness for a particular purpose or non-infringement. ARF does not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet our requirements, or that any defects in the Services will be corrected. ARF disclaims liability for, and no warranty is made with respect to connectivity and availability of the Sites or the Services.

Limitation of Liability. In no event will ARF be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the Sites or the Services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if ARF knows or has been advised of the possibility of such damages. ARF and its contractors may use methods of verifying information that Users provide. However, none of those ways are perfect, and you agree that ARF and its contractors will have no liability to you arising from incorrectly verified information.

Arbitration. The provisions requiring mandatory arbitration, including exceptions thereto, contained in the Financing Agreements are incorporated herein by this reference and also govern any disputes relating to the use of the Sites.

English Web Site. Our Web Site and all communications will be in English only. If you are not fluent in English, you should consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future communications in English.

Privacy Policy. For detailed information about the collection and use of information and material provided by you, please see ARF's Privacy Policy located on this Site and at www.arffinancial.com/privacy.

Additional Disclaimers. You agree that the merchant account information you access and/or download through this Web Site is provided to you "as is" and "as available." You agree that we make no warranties and have no liability as to: the accuracy, completeness, availability or timeliness of the account information, text, graphics, or other items in account information that you can download; and the errors or omissions in the delivery or transmission of the account information from us to you. You agree that we will not be liable to you for: your inability to use the download or access account information; the accuracy, timeliness, loss or corruption, or mis-delivery, of any account information, or any other information; unauthorized access to your merchant account or to your account information and any misappropriation, or alteration, of your account information or data, to the extent the unauthorized access results from your acts or omissions; your inability to access your account (including but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or Internet service providers ("ISPs"), natural disasters, strikes, or other labor problems.