Website Terms of Use

THIS TERMS OF USE APPLIES TO SEEDFI.COM, INCLUDING ANY OF ITS SUBDOMAINS. PLEASE CAREFULLY REVIEW THESE TERMS OF USE BEFORE USING SEEDFI’S WEBSITE AND SEEDFI’S IOS AND ANDROID MOBILE APPLICATIONS (COLLECTIVELY, “WEBSITE”) OR ACCESSING ANY DATA IN IT. BY ACCESSING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY SEEDFI AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.

1. Access to This Website

To access this Website or some of the resources it has to offer, you may be asked to provide certain registration details or other information, in addition to a password.

It is a condition of your use of this Website that all the information you provide will be correct, current, and complete. If SeedFi believes the information you provide is not correct, current, or complete, SeedFi has the right to refuse you access to this Website or any of its resources, and to suspend or terminate your access at any time.

Any passwords used for this Website are for individual use only. You will be responsible for the security of your password (if any). SeedFi will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that SeedFi considers insecure, SeedFi will be entitled to require the password to be changed and/or terminate your access at any time.

2. Restrictions on Use

This Website is designed to facilitate the transaction of consumer lending business with SeedFi. You will only access or use this Website and transact business with us if you are at least 18 years old. You may not use this Website for any purpose not expressly permitted, including any commercial purpose, without SeedFi’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Website, (ii) frame this Website, or (iii) hyperlink to this Website, without the express prior written permission of an authorized representative of SeedFi. For purposes of these Terms of Use, ‘‘co-branding’’ means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or content accessible within this Website. You agree to cooperate with SeedFi in immediately ceasing any unauthorized co-branding, framing or hyperlinking.

3. Ownership of Website

Trademarks, service marks, and logos appearing in this Website are the property of SeedFi or the party that provided the trademarks, service marks, and logos to SeedFi. SeedFi and any party that provided trademarks, service marks, and logos to SeedFi retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.

The material and content accessible from this Website, and any other World Wide Website owned, operated, licensed, or controlled by SeedFi (the ‘‘Content’’), is the proprietary information of SeedFi or the party that provided the Content to SeedFi, and SeedFi or the party that provided the Content to SeedFi retains all right, title, and interest in the Content. Neither title nor intellectual property rights are transferred to you by access to this Website.

Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, crayon drawing, or otherwise, without the prior written consent of SeedFi, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You also may not “mirror” any material contained on this Website on any other server. Any unauthorized use of any Content or Trademarks from this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

4. Hyperlinks

This Website may be hyperlinked to other websites controlled, owned, and operated by third parties (the “third-party sites”). Hyperlinks to third-party sites are provided solely as a service to users. The hyperlinks do not indicate any affiliation between SeedFi and the third-party sites or an endorsement by SeedFi of the third-party sites and any content therein.

Hyperlinks are accessed at the user’s own risk. SeedFi has not reviewed any or all of such third-party sites. SeedFi cannot control and has no responsibility for content provided on the third-party sites. SeedFi may not even like the third-party sites. SeedFi makes no warranties or representations or warranties about the content, completeness, or accuracy of third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those Websites, and not by this Agreement.

5. Submissions

You hereby grant to SeedFi the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to SeedFi through this Website (together, the ‘‘Submission’’), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. SeedFi will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future SeedFi operations.

SeedFi will treat any personal information that you submit through this Website in accordance with its Privacy Policy.

6. Information You Provide

You may not post, send, upload, submit, publish, transmit, or otherwise make or attempt to make available, in connection with this Website, any material that:

  • discloses private or personally identifiable information of any third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Website, or obtained or obtainable from sources unrelated to the Website (such as from an online research);
  • is the proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this Website;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor;
  • includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
  • includes MP3 format files;
  • disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; or
  • contains hyperlinks to other Websites that contain content that falls within the descriptions set forth above.

SeedFi reserves the right to monitor use of this Website to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither SeedFi nor any third-party that provides Content to SeedFi will assume or have any liability for any action or inaction by SeedFi or such third-party with respect to any Submission.

7. Security

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SeedFi reserves the right to release your details to system administrators at other Websites in order to assist them in resolving security incidents. SeedFi reserves the right to investigate suspected violations of these Terms of Use.

SeedFi reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SeedFi to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SEEDFI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SEEDFI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SEEDFI OR LAW ENFORCEMENT AUTHORITIES.

8. Separate Agreements

You may have other agreements with SeedFi. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with SeedFi.

9. Disclaimer

You understand that SeedFi cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. SeedFi does not assume any responsibility or risk for your use of the Internet.

SEEDFI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SEEDFI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SEEDFI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SEEDFI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. SEEDFI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Website, and SeedFi does not undertake any obligation to update such information after it is posted or to remove such information from this Website if it is not, or is no longer, accurate or complete.

10. Limitation of Liability

You agree that all access and use of the Website and its contents is at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Website, has or will have any responsibility for any consequences relating, directly or indirectly, to any action or inaction that you may take based on the Site and/or Services, or any aspect thereof.

WE WILL NOT BE HELD LIABLE FOR ANY DEFECTS, FAULTS, INTERRUPTIONS OR DELAYS IN THE OPERATION OR TRANSMISSION, PRODUCT, AND/OR OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE/SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN CONNECTION WITH THE SITE/SERVICE OR PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You will indemnify and hold SeedFi, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the ‘‘Indemnified Parties’’) harmless from any breach of these Terms of Use by you or your employee, contractor or agent, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.

12. Termination

This Terms of Use is effective until terminated by SeedFi. SeedFi may terminate this Terms of Use at any time without notice or suspend or terminate your access and use of the Website at any time, with or without cause, in SeedFi’s absolute discretion and without notice. The following provisions of this Terms of Use shall survive termination of your use or access to the Website: the sections concerning Indemnification, Disclaimer, Limitation of Liability, Waiver and any other provision that by its terms survives termination of your use or access to the Website

13. Waiver

Failure by SeedFi to enforce any of its rights under this Terms of Use shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

14. Severability

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

15. Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and SeedFi arising out of these Terms of Use or pertaining to the subject matter hereof. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain. SeedFi may revise these Terms of Use at any time by updating this posting.

16. Electronic Fund Transfer Disclosure Document

The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.

A. Definitions: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.

B. Your Liability: Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.

17. Errors of Questions About Transactions

Please contact us by emailing us at help@seedfi.com (1) if you believe a transaction receipt or a statement is wrong, or (2) if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include: (x) your name, email associated with your account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.

Time Period

Ten-Day Time Period: SeedFi will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. SeedFi shall report the results to the consumer in writing within three business days after completing its investigation. SeedFi shall correct the error within one business day after determining that an error occurred.

Forty-Five Day Time Period

(1) Provisionally credits theconsumer's account in theamount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. SeedFi need not provisionally credit the consumer's account if:

  • SeedFi does not receive written confirmation within 10 business days of an oral notice of error; or
  • The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220)

(2) Informs the consumer,within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation;

(3) Corrects the error,if any,with in one business day after determining that an error occurred; and

(4) Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).

Extension of time periods. The time periods described above may be extended as follows:

  • Extension of Ten-Day Time Period - The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or
  • Extension of Forty-Five Day Time Period - The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.
18. Carrier Data Disclosure

You authorize your wireless operator (AT&T, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to SeedFi and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See our Privacy Policy for how we treat your data.

For help, please contact help@seedfi.com or call us at 1 (888) 858-8248.
Operating hours: Monday - Sunday / 7am - 8pm CT

19. Arbitration Agreement / Class Action and Jury Trial Waiver

The following arbitration provision and class action and jury trial waiver (the “Arbitration Provision”) do not apply to you if you are a "Covered Borrower," as defined by Federal regulations at 32 C.F.R. § 232.3(g), because on the date you access this website you are a member of the armed forces serving on active duty or a dependent of such member.

You agree to read this Arbitration Provision carefully because you are waiving the right to have disputes heard by a judge and jury and the right to bring or participate in a class, representative, or private attorney general action. You may choose to have this Arbitration Provision not apply to these Terms of Use by following the instructions in the subsection below entitled “Opt-Out Right.” This paragraph describes how all Claims (as defined below) will be arbitrated, at the election of you or us, on an individual (non-class, non-representative) basis instead of litigated in court.

(a) Definitions

The term “Claim” means any claim, dispute, or controversy between you and us arising from or relating to your use of this Website or these Terms of Use, as well as any related or prior agreement that you may have had with us or the relationships resulting from these Terms of Use. It includes claims related to the validity, enforceability, coverage, or scope of this Arbitration Provision to the maximum extent permitted by the Federal Arbitration Act (the “FAA”) (9 U.S.C. § 1, et seq.). Claims arising in the past, present, or future, including Claims arising before your use of this Website, are subject to arbitration. Claim also includes, without limitation, claims that arise from or relate to any use of this Website, the Terms of Use, or any advertisements, promotions, or statements related to any service you obtain from us or anyone who partners with us. For purposes of this Arbitration Provision, “you” and “your” and “we,” “us,” and “our” also include any corporate affiliates, any licensees, predecessors, successors, assigns, any purchaser and servicers of any accounts, all agents, employees, directors, and representatives of any of the foregoing, and other persons referred to below in the definition of Claims. “Claim” also includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims, and claims based upon contract, tort, fraud, and other intentional torts, statutes, regulations, common law, and equity. Claims and remedies sought as part of a class action, private attorney general action, or other representative action are subject to arbitration on an individual (non-class, non- representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. This includes injunctive relief, which the arbitrator may award relief only on an individual, non-public basis, subject to subsection (f) below. The term “Claim” is to be given the broadest possible meaning that will be enforced.

“Administrator” means the American Arbitration Association (“AAA”), 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879.

(b) Right to Elect Arbitration

You or we have the right to require that each Claim be resolved by arbitration on an individual (non-class, non-representative) basis. A Claim will be arbitrated if (i) both you and we or (ii) only one or the other of you or we, exercise the right to require that the Claim be arbitrated. If, for example, we exercise our right to require that the Claim be resolved by arbitration, but you do not also exercise your right to require that the Claim be arbitrated, the Claim will be resolved by arbitration. If neither we nor you request arbitration, the Claim will not be resolved by arbitration and instead will be litigated in court. We will not elect arbitration for any Claim you file in small claims court, so long as the Claim is individual and pending only in that court. This Arbitration Provision applies whenever there is a claim between you and us or between you and a third party, regarding the relationship between you and us, these Terms of Service, our Website, and any services or products provided by us or our partners. If a third party, such as our line of credit servicer or a debt collector acting on our behalf, is also involved in a claim between you and us, or if a dispute arises between you and a third party other than us relating to these Terms of Use or anything to which these Terms of Use apply, then the claim will be decided with respect to the third party in arbitration. In addition, the claim with the third party will be decided in accordance with this Arbitration Provision. The third party must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party. For the avoidance of doubt, you understand that any disputes you have with SeedFi or its successors are subject to this Arbitration Provision. This arbitration provision is made pursuant to a transaction involving interstate commerce and is governed by and subject to the FAA.

(c) No Jury Trial or Class Claims

If you or we request arbitration of a Claim, you and we will not have the right to litigate the Claim in court. This means (i) there will be no jury trial on the Claim; (ii) there will be no pre- arbitration discovery except as the Administrator’s rules permit; and (iii) no Claim may be arbitrated on a class-action, private attorney general, or other representative basis, and neither you nor we will have the right to participate as a representative or member of any class or group of claimants pertaining to any Claim subject to arbitration. You or we may elect to arbitrate any Claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.

(d) Initiation of Arbitration

If the AAA will not accept the arbitration, the arbitration will be administered by an administrator, or adjudicated by an arbitrator, upon which you and we agree in writing (and in such event, the defined term Administrator will include such other person). The arbitration will be governed by the procedures and rules of the Administrator and these Terms of Use, which need not apply federal, state, or local rules of procedure and evidence. The Administrator’s procedures and rules may limit the discovery available to you or us. You can obtain a copy of an Administrator’s procedures and rules by contacting the Administrator. A single, neutral arbitrator will resolve the Claims. The arbitrator will be selected in accordance with the rules of the Administrator. In the event of any conflict or inconsistency between this arbitration provision and the Administrator’s rules or other provisions of these Terms of Use, this arbitration provision will govern. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. Arbitration hearings for Claims by or against you will take place in the federal judicial district in which you reside. If your claim is for $10,000 or less, 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 to the extent permitted by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. The arbitrator will make the award and, 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.

(e) 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 Provision. If the value of the relief you seek is $10,000 or less, at your request, we will pay all Arbitration Fees, unless we can demonstrate the claim is frivolous. If the value of relief sought is more than $10,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we 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, we 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 applicable law.

(f) Public Injunctive Relief

To the extent allowed by applicable law, you also waive your right to seek a public injunction if such a waiver is permitted by the FAA. However, this Arbitration Provision will not be construed to prevent you from seeking in the arbitration the remedy of public injunctive relief if: (i) you reside in California; or (ii) you resided in California at the time you agreed to these Terms of Use. If you meet one of these conditions or if a court decides that such a public injunction waiver is not permitted, and that decision is not reversed on appeal, all other Claims will be decided in arbitration under this Arbitration Provision and your Claim for a public injunction then will be decided in court. In such a case the parties will request that the court stay the Claim for a public injunction until the arbitration award regarding individual relief has been entered in court. You agree that you will request such a stay when required. In no event will a claim for public injunctive relief be arbitrated.

(g) Arbitration Award and Appeals

Judgment upon the arbitrator’s award may be entered in any court with jurisdiction. The arbitrator’s decision regarding any claims will be final and binding, except for any appeal right under FAA. The appealing party will pay the appeal costs. This Arbitration Provision will survive any suspension, termination, revocation of these Terms of Use, and any bankruptcy to the extent consistent with applicable bankruptcy law.

(h) Enforcement of This Arbitration Provision

If any part of this Arbitration Provision cannot be enforced, the rest of the arbitration provision will continue to apply. However, an arbitrator cannot enlarge his or her authority over the adjudication of Claims beyond that provided by this arbitration provision by enforcing only part of this arbitration provision. If an arbitrator determines that applicable law requires this Arbitration Provision to be enforced in a way that would result in greater authority over Claims than otherwise allowed, such as the adjudication of claims on a class or representative basis or other non-individual basis, then the arbitrator must decline to hear the dispute and will refer the parties to a court or other body with sufficient authority. In the event of any conflict or inconsistency between this Arbitration Provision and the Administrator’s rules or other provisions of this Agreement, this Arbitration Provision will govern.

(i) Opt-Out Right

You may reject this Arbitration Provision by mailing a signed rejection notice to the address for SeedFi above within 30 calendar days of the date that you access this Website. Your rejection notice must include the following information: your name, physical address, e-mail and address, and telephone number, and a statement that you are rejecting this Arbitration Provision.

Last updated: December, 2021