Legal - Authorized User Agreement

Limited provides no Services to you. Rather, Limited provides Services to the Accountholder. You will have access to the Services only to the extent authorized by the Accountholder.

Limited provides no Services to you. Rather, Limited provides Services to the person or persons authorized under the Limited Platform Agreement and any additional terms related to the Services used by Accountholder (collectively, the "Limited Agreement") to receive the Services (the "Accountholder"). You will have access to the Services only to the extent authorized, and for the sole benefit of, the Accountholder. You understand that Accountholder is responsible for your compliance with the Limited Agreement and that both you and Accountholder are responsible for your compliance with these Terms. You acknowledge that Accountholder is a beneficiary of these Terms.

As used in these Terms, "we", "us" or "our" refers to Limited. Unless otherwise indicated, "you" and "your" refers to the person or persons authorized by the Accountholder to receive and use a Limited Spend Card (as defined in the Authorized User Payment Card Addendum) or otherwise utilize the Services (for the avoidance of doubt, including both ordinary Users and Administrators).

These Terms require you to arbitrate any disputes arising under these Terms in an individual arbitration and not a class action or class arbitration. See the Binding Arbitration provision in Section 7 below for details. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions set forth in Section 7 within the time frame specified in that Section.

1. Definitions

(a) "Administrator" means the person appointed by the Accountholder to manage the Accountholder's use of the Services, including managing how you may use your Limited Spend Card (if any).
(b) "Card Network" means the payments card network operated by Visa U.S.A., Inc. and/or Visa International.
(c) "Data" means personal or business information provided to us in connection with the Services, which includes information to determine an Accountholder's eligibility for an Account and other information needed by Limited to provide the Services and to fulfill our responsibilities to Issuer.
(d) "Issuer" means the bank that is a member of the Card Network indicated on a Limited Spend Card and is responsible for issuing the Limited Spend Card to you.
(e) "Personal Data" means information that identifies a specific living person (not a company, legal entity, or machine) and is transmitted to or accessible through the Services.
(f) "Services" means the services that Limited provides to the Accountholder, including but not limited to the services through which Issuer issues Cards and extends credit to the Accountholder and Limited's spend management tools and services, in each case for use by Administrators and to a more limited extent by Users.
(g) "User" means an employee of the Accountholder or other person authorized by Accountholder to access and use the Services on the Accountholder's behalf.
(h) "Website" means the website via which Limited provides the Services, the homepage for which is currently at www.limitedapp.com.

2. Access to Website and Services

You may access the Services and Data to the extent that (and only for so long as) you are authorized to do so by the Accountholder and us. We or the Accountholder may limit or terminate your access to any of the foregoing at any time, without notice. You acknowledge that your password and other access credentials are intended to permit you to access only such Services and Data for which you have such authorization. You agree not to circumvent or attempt to circumvent the security of the Services for any purpose, including to gain access to any Services or Data for which you are not authorized.

3. Security

You acknowledge that you are solely responsible for maintaining the security of your password and other access credentials. You will maintain the foregoing in strict confidence.

4. Data Privacy

We process, analyze, and manage Data in accordance with our Privacy Policy, which explains how and for what purposes we collect, use, retain, disclose, and safeguard Data provided to us in connection with the Services. You agree to review the terms of these policies, which we may update from time to time, and which form part of these Terms.

5. Compliance with Law

You must use the Services in a lawful manner, and must obey all laws, rules and regulations that apply to your use of the Services.

6. Indemnification

You agree to indemnify Limited (including Limited affiliates and Limited and each such affiliate's employees and contractors) and hold them harmless from and against any losses, liabilities, damages, claims, costs or expenses (including reasonable attorneys' fees) arising out of or relating to claims, proceedings, suits, or actions brought by or initiated against Limited or any of the other indemnitees specified above by any third party due to your violation of law, fraud, gross negligence or willful misconduct. Limited may defend any claim subject to indemnification hereunder, using counsel of its choice, and you will pay or promptly reimburse Limited for the reasonable fees of such counsel and all related costs and reasonable expenses.

7. Dispute Resolution by Binding Arbitration

PLEASE READ THIS "DISPUTE RESOLUTION BY BINDING ARBITRATION" PROVISION VERY CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND LIMITED, SUBJECT TO THESE TERMS AND OPT-OUT OPTION SET FORTH BELOW.

You and Limited agree that any and all past, present and future disputes, claims, or causes of action arising out of or relating to your use of any of the Services (including but not limited to any Card), these Terms, or any other controversies or disputes between you and Limited (including, without limitation, disputes regarding the effectiveness, scope, validity or enforceability of this agreement to arbitrate) (collectively, "Dispute(s)"), shall be determined by arbitration, unless (A) you opt out as provided below; or (B) your Dispute is subject to an exception to this agreement to arbitrate set forth below. You and Limited further agree that any arbitration pursuant to this Section 7 shall not proceed as a class, group or representative action. The award of the arbitrator may be entered in any court having jurisdiction.

Informal Resolution

Limited wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Limited, you agree to try to resolve the Dispute informally by contacting Limited at legal@limitedapp.com to notify Limited of the actual or potential Dispute. Similarly, Limited will undertake reasonable efforts to contact you to notify you of any actual or potential dispute at the email address that you provided to us (if any) or via the Accountholder to resolve any claim Limited may possess informally before taking any formal action.

Opt-Out

If you do not wish to be subject to this agreement to arbitrate, you may opt out of this arbitration provision by sending a written notice to Limited at legal@limitedapp.com within thirty (30) days of first accepting these Terms. You must date the written notice, and include your first and last name, address, and a clear statement that you do not wish to resolve disputes with Limited through arbitration.

Arbitration Rules

Arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. The arbitration shall be held in New York, New York, or at another mutually agreed location. The arbitrator's decision shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Exceptions

Notwithstanding your and Limited's agreement to arbitrate Disputes, You and Limited each retains the right (A) to bring an individual action in small claims court; and (B) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

8. Governing Law

Subject to the provision of Section 7 that such Section shall be construed under and subject to the Federal Arbitration Act, these Terms shall be construed and enforced in accordance with the laws of the state of New York applicable to contracts entered into and performed entirely in New York by residents thereof.

9. Severability

Except as provided in Section 7 with respect to the provisions of these Terms that prohibit Collective Arbitration, the invalidity or unenforceability of any of the provisions of these Terms, or the invalidity or unenforceability of the application thereof to any individual, entity or circumstance, shall not affect the application of such provisions to individuals, entities or circumstances other than those as to which they are held invalid or unenforceable, and shall not affect the validity or enforceability of any other provisions of these Terms.

10. Entire Agreement

These Terms (including any additional terms incorporated herein) constitutes the entire understanding between Company and Limited regarding the subject matter of these Terms, and no other agreements, representations, or warranties other than those provided in these Terms will be binding unless in writing and signed by you, Accountholder and Limited.

11. Changes to These Terms

Limited may modify these Terms upon thirty (30) days prior notice to the Accountholder in accordance with the terms of the Limited Agreement; provided that such modification may take effect sooner than thirty (30) days after notice (or upon notice) in exigent circumstances, including where required to comply with applicable law, regulation or Card Network rules or to avoid or mitigate any material risk, loss or damage. If you do not accept any such modification, you must stop using the Services (including any Card). If you continue to use the Services or Cards after any such modification takes effect as provided in the applicable notice, you will be deemed to have consented to the modifications of these Terms. As between you and Limited, you are solely responsible for ensuring that Accountholder promptly notifies you of any notice provided to Accountholder under these Terms, and you agree that you will be conclusively presumed to have received any notice contemplated under this Section 11 that is sent to Accountholder in accordance with the terms of the Limited Agreement.

12. Prohibited Persons

You represent and agree you are not currently and will not become subject to a U.S. Office of Foreign Asset Control list, or any law, regulation, or other list of any government agency that prohibits or limits us from providing Cards to you or from otherwise conducting business with you.

13. Assignment

Limited may assign, pledge, delegate or otherwise transfer these Terms or its rights, powers, remedies, obligations and duties of performance under these Terms at any time. Any such assignee will have all rights as if originally named in these Terms instead of Limited. You may not assign these Terms or any rights hereunder, or delegate any of your obligations or duties of performance.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED TO YOU AS IS AND AS AVAILABLE. LIMITED DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, AND YOU ACKNOWLEDGE THAT NO LIMITED PERSONNEL ARE AUTHORIZED TO PROVIDE ANY SUCH WARRANTY.

15. Third Party Sites or Services

Limited may provide links to or information regarding websites, products or services of unaffiliated third parties via the Website or otherwise. You acknowledge that Limited has no control over any such websites, products or services and does not endorse or provide any warranties relating to them. You link to, use or otherwise interact with any such websites, products or services at your sole risk.

16. Limitation of Liability

LIMITED IS NOT LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR TO THE SERVICES OR CARDS, INCLUDING YOUR USE OF OR INABILITY TO USE SERVICES OR CARDS, WHETHER OR NOT LIMITED WAS ADVISED OF THEIR POSSIBILITY BY YOU OR THIRD PARTIES. YOU ACKNOWLEDGE THAT LIMITED PROVIDES SERVICES (INCLUDING CARDS) SOLELY TO (AND SOLELY FOR THE BENEFIT OF) THE ACCOUNTHOLDER, AND THAT LIMITED SHALL HAVE NO LIABILITY TO YOU WHATSOEVER IN CONNECTION WITH ANY BREACH, FAILURE OR OTHER PROBLEM OR ISSUE WITH RESPECT TO THE SERVICES, INCLUDING ANY CARD.

17. Feedback

You hereby grant Limited a royalty-free, fully-paid, irrevocable, perpetual, nonexclusive, worldwide, assignable and otherwise transferrable license, with the unrestricted and unlimited right to grant sublicenses, (1) to create derivative works based upon any feedback, suggestions, ideas, or requests you submit or otherwise communicate to us by any means (collectively, "Feedback") and (2) to use, copy, display, publish, distribute or otherwise commercialize or exploit in any manner any Feedback or derivative works based thereon. You acknowledge and agree that any Feedback you submit is not confidential. Limited has no obligation to compensate or credit you for Feedback you provide us, regardless of whether or how Limited may use or otherwise commercialize or exploit it.

18. Customer Service

If you have questions about the operation of the Services or the use of your Card, contact your Administrator using the contact information provided by your Accountholder.