Brigit Terms of Service

(Last revised February 6, 2025)

The following Brigit Terms of Service is a legal agreement (the “Terms”) between you (“you”, “your”, or “user”) and Bridge IT, Inc., its parents, subsidiaries, partners, third-party service providers, affiliates, agents, and assigns (“Brigit”, “we”, “us”, or “our”) that sets forth the terms and conditions governing your use of and access to the website located at [www.hellobrigit.com] and the products and services owned, operated and/or made available by Brigit, including, but not limited to, Brigit’s mobile application (collectively, the “Services”). The Terms include and incorporate by reference our Privacy Policy.

YOUR USE OF AND ACCESS TO THE SERVICES ARE EXPRESSLY SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU SHOULD NOT AND MAY NOT USE OR ACCESS THE SERVICES.

The Terms include an ARBITRATION AGREEMENT and CLASS ACTION WAIVER. The ARBITRATION AGREEMENT requires that disputes between you and Brigit will be resolved by BINDING ARBITRATION. You and Brigit agree to give up the right to go to court to assert or defend claims and disputes relating to or arising out of the Terms and/or the Services. You and Brigit agree to give up the right to a trial by jury. Your claims cannot be brought as a class action or in a representative capacity. All claims must be brought in your individual capacity. Please review SECTION 20 below for more information and details regarding your agreement to arbitrate disputes with Brigit.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE TERMS, YOU AND BRIGIT ARE ENTERING INTO THE ARBITRATION AGREEMENT AND THAT YOU AND BRIGIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

1. Acceptance of Agreement

Please carefully review the Terms before using the Services or accessing any data thereon. These Terms represent a binding legal agreement between you and Brigit, and contain the conditions governing your use of and access to the Services. If you do not agree to the Terms, you should not and may not access or use the Services.

By signing up for a Brigit User Account and using the Services, you acknowledge and agree that you have read, understand, and agree to be bound by the Terms and to comply with all applicable laws and regulations.

Please print a copy of the Terms of use for your records.

2. Eligibility

To use the Services and to accept the Terms:

You must be a US citizen or a legal US resident;
You must be at least eighteen (18) years old or the age of majority in your jurisdiction; and
You must not be prohibited by law from using the Services.

To use the Services, you must also meet both of the following criteria:

You must have a checking account with one of our supported banks or credit unions (a “Bank Account”); and
Your Bank Account must enable our third-party data aggregators to view your transactions for the last ninety (90) days.

3. Modification of the Terms

Brigit reserves the right to modify the Terms at any time and will notify you of any changes by posting the revised Terms on the website located at [www.hellobrigit.com] and in the mobile application. You should check the Terms periodically for changes. All changes shall be effective upon posting. The Terms will indicate the date the Terms were last revised.

YOUR CONTINUED USE OF THE SERVICES AFTER ANY MODIFICATION TO THE TERMS CONFIRMS YOUR AGREEMENT TO BE BOUND BY ANY MODIFICATIONS. Brigit, in our sole discretion, may terminate, suspend, or modify these Terms without notice or liability.

4. Brigit User Account Registration and User Information Updates

To access and use the Services, you must create an account (a “Brigit User Account”) and complete the registration process. This process will require you to create a login ID and a personal identification number (“PIN”).

When you sign up for a Brigit User Account and use the Services, you agree to provide truthful, accurate, current and complete information, including, but not limited to, your full name, email address, and mobile phone number (“Account Information”). You further represent that you are authorized to provide us with, and are the legal owner of, all Account Information and other information necessary to facilitate your use of the Services.

You agree to update Brigit as soon as possible if any of your Account Information changes. To update your Account Information, you may go to the “Profile” section in the Brigit mobile application, click on “Settings,” and update your Account Information accordingly. Brigit will not be held for any errors or fees that may occur as a result of inaccurate and/or outdated Account Information.

Should you believe or have reason to believe that any of your Account Information and/or PIN has been compromised, or that another person is accessing your Brigit User Account through some other means, you agree to notify us as soon as possible at [email protected].

5. Privacy Policy

Your privacy is important to Brigit. Brigit highly values and respects the privacy of the personal information we obtain from you when you use the Services. For details on how we manage and seek to protect data, Brigit maintains a Privacy Policy, which is incorporated by reference and included in the Terms as stated above. We reserve the right to update and modify the Privacy Policy at our discretion. Any changes made to our Privacy Policy are effective upon posting.

6. Third-Party Account Information

To use the Services, you must authorize and direct Brigit to access and retrieve your account transaction history, balance information, and/or other information maintained by third-parties that you have identified to use and with which you have relationships, maintain accounts and/or engage in financial transactions (“Third-Party Account Information”).

Brigit works with one or more third-party service providers, to access this Third-Party Account Information. By using the Services, you authorize Brigit to access this information maintained by identified third parties, on your behalf as your agent, and you authorize such third parties to disclose your information to us. By agreeing to the Terms, you are also agreeing that you are responsible for keeping your passwords and usernames for this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the Services and your Brigit User Account.

You acknowledge that any Third-Party Account Information that is displayed through the Services will be current as of the time we most recently accessed such information and may not reflect pending transactions or other recent activity which may have occurred after we last accessed the Third-Party Account Information.

7. Brigit’s Services & Fees

7.1. Overview of Brigit’s No-Cost Features

Brigit offers several products and services to users that are available at no cost. These products include tools to track your income and expenses, and alerts about estimated upcoming bills and other expenses. Brigit will monitor your Bank Account and notify you when your Bank Account balance is in danger of being overdrawn and, in turn, help you avoid overdraft fees. Additional no-cost products and services may be available through the Services and the no-cost features may vary from time to time. You may be able to access Advance Services for free. Refer to section 7.7 of these Terms for more information.

7.2. Brigit Subscription Memberships (Additional Features)

In addition to the no-cost features, Brigit may be able to provide you with certain additional, premium features available through optional, paid monthly subscription services (“Subscriptions”). Brigit currently has two levels of paid Subscriptions. Brigit Plus provides users access to advanced analytical & budgeting tools, credit monitoring and identity theft insurance, and, if eligible, direct integration with Brigit’s Advance service. Brigit Premium provides all of the features of Brigit Plus in addition to access to Credit Builder and no-cost expedited transfers for advances. The decision to subscribe to one of the Subscriptions is optional and entirely up to you.

Legacy Provision: Brigit Plus subscribers who subscribed to Brigit Plus before June 5, 2023 (“Legacy Subscriber(s)”), shall continue to have access to Credit Builder unless and until the Legacy Subscriber connects a new linked Bank Account to his or her Brigit User Account after June 5, 2023.

7.2.1. Subscription Fees

Brigit’s paid Subscriptions are entirely optional and it is your decision whether or not to subscribe to one of the paid Subscription options. Subscriptions require a monthly subscription fee (“Subscription Fee(s)”). Brigit Plus is subject to a Subscription Fee that ranges from $5.99 to $9.99 per month. Brigit Premium is subject to a Subscription Fee of $14.99 per month. Subscription fees are subject to change. The Subscription Fee may be discounted from time to time by our customer service team, or through partnerships with affiliates. The discounted price will be for a limited time and will be disclosed to you at the time the discount is given.

To enroll in a Subscription, you must link a Bank Account or debit card (a “Payment Method”) for payment of the applicable monthly Subscription Fee. We will automatically charge your Payment Method for the Subscription Fee every month on the last day of the billing period. Brigit does not charge you a Subscription Fee when you enroll. You will be charged the applicable Subscription Fee on the date communicated to you in app or other communications. Upcoming dates upon which you will be charged for subsequent Subscription Fees will be displayed in the Brigit application..

You can cancel your Subscription any time after which you will not be charged for subsequent months. You will still be charged on the last day of the billing period for the month in which you cancel your Subscription. Please review Section 10 below for more details regarding cancellation.

Brigit will do its best to collect the Subscription Fee when you have the funds available to pay the Subscription Fee. Brigit will attempt to avoid charging you for your Subscription Fee if we detect that your Payment Method does not have sufficient funds to cover the charge. It is your responsibility to ensure you have sufficient funds to make payments, and Brigit shall not be responsible for any insufficient funds fees or other fees you may pay as a result of an insufficient balance. If our attempt to charge you for the Subscription Fee is declined, Brigit reserves the right to try again for up to 14 business days.

If payment is being made via debit card, we may try at different times of the day in accordance with applicable regulations. If the payment is made via ACH, we will make up to two (2) additional attempts, for a total of three (3) attempts. After that, Brigit will not attempt without a subsequent authorization from you. This may result in a change to the date when you are billed for each subsequent Subscription period.

7.3. Electronic Payment Authorization

If you enroll in a Brigit Subscription, use Instant Cash, Credit Builder or use any of the Services for which payment to Brigit is required, including use of the Advance Service, you authorize Brigit, its parents, subsidiaries, partners, third-party service providers, affiliates, agents, and assigns to electronically debit your Payment Method for the applicable amounts, including, but not limited to, payments of cash advances, any loan repayments, and/or monthly Subscription Fees. The specific amount of any payments to be debited from your Payment Method will be displayed in-app or via statements provided for the applicable product or service. As applicable, you also authorize Brigit to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for a Subscription Fee that would vary in amount from a previously authorized amount, including the monthly Subscription Fee. You agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than the preauthorized amount, including, but not limited to, your current monthly Subscription Fee.

You acknowledge that, as applicable, the electronic debit authorization contained in this Section represents your written authorization for automated clearinghouse (“ACH”) transactions as provided herein and will remain in full force and effect until you notify Brigit that you wish to revoke this authorization by emailing [email protected]. You must notify Brigit at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you contact us, you must include the name and telephone number associated with your Brigit User Account. Failure to provide correct and complete information may make it impossible for Brigit to stop withdrawal of the preauthorized withdrawal.

You agree to indemnify and hold harmless Brigit from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Bank Account or debit card if any of the information relied upon in your request to stop payment is incorrect or incomplete. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our inability to do so.

You warrant and represent to Brigit that you have the right to authorize us to charge and debit your Bank Account or debit card (“Authorized Accounts”) for payments due to us under the Terms. Authorized Accounts may be any that you connect through Plaid, or otherwise designate through the Brigit application at any future time. Your ability to receive an Advance is not conditioned on whether you elect to repay by preauthorized ACH or electronic debits.

You represent the credit and debit transactions you request comply with applicable law.

You acknowledge that you should retain a copy of this authorization for your records.

7.4. Credit Monitoring Service

Users may opt-in to use the credit monitoring service offered by a third-party provider, Array.

The Advance product and/or use of Instant Cash do not affect your credit score.

Brigit will not store credit monitoring information on its servers nor will it request this information unless authorized by an individual to do so.

7.5. Credit Builder

Credit Builder is included in the Brigit Premium Subscription. Credit Builder is a service provided by Brigit and its bank partner, Coastal Community Bank, Member FDIC, to help you improve your credit score. The Credit Builder product is separate from Brigit’s Advance product and Instant Cash. Section 7.5 is applicable only to Credit Builder. Credit Builder installment loans and lines of credit are issued by Coastal Community Bank, Member FDIC, subject to approved underwriting practices.

7.5.1. USA PATRIOT ACT and Customer Identification Program Notice for Credit Builder

To help the government fight the funding of terrorism and money laundering activities, US Federal law requires all financial institutions to obtain, verify, and record identifying information for each person identified as a “customer” who opens an account.

This means if you apply for a Credit Builder Account, we may ask you for your name, date of birth, street address, identification number (like a Social Security Number), and any other information that will allow us to identify you as the customer on the account. We may also ask to see a driver’s license, passport or other identifying documents.

We may share the information you have provided us to our banking partner, Coastal Community Bank, Member FDIC, in connection with opening and maintaining an account for you. We may also provide the information you have provided us to Array and its representatives.

If your identity cannot be verified, we may not be able to open an account for you. In the event we have accepted any funds from you in connection with an account application or otherwise, you will be responsible for providing us a mailing address to which payment of any refund can be sent.

7.5.2. Customer Consent to Credit Builder Account Information

If you apply for and receive a Credit Builder Account from Coastal Community Bank, Member FDIC, you hereby consent to us accessing the account information related to your Credit Builder Account with Coastal Community Bank, Member FDIC. You acknowledge and agree that the account information that we may access includes, but is not limited to, account history (such as payment dates and amounts, balance information, and transaction information), financial account information (such as account number, type, and status), and financial account holder information (such as the account holder’s name, address, phone number, and email address). We will request this information from Coastal Community Bank, Member FDIC on a periodic basis, unless your consent is withdrawn. To withdraw consent you may email Brigit at [email protected].

7.5.3. Monthly Payments

You hereby agree to make monthly payments on your Credit Builder Account by an electronic funds transfers. You may initiate these payments each month yourself or you may authorize Coastal Community Bank, Member FDIC, to automatically debit monthly payments and Coastal Community Bank, Member FDIC, will initiate monthly electronic funds transfers from your designated account at Coastal Community Bank, Member FDIC, or your Bank Account connected to your Brigit User Account. Each month, the debit amount will include your monthly principal payment. You may also use another payment option that Brigit, as the servicer for Coastal Community Bank, Member FDIC, approves in writing (e.g. a form of payment that we identify and approve through direct communication with you). Your ability to receive a Credit Builder Account is not conditioned on your selected method of repayment. You can contact us at [email protected] regarding payment options for your Credit Builder Account.

7.5.4. Potential Effect of Delinquency of Credit Reporting

Repayment performance for Credit Builder will be reported to the Credit Reporting Agencies by Coastal Community Bank. Brigit shall not be liable for any claims, charges, demands, damages or adverse impacts on your credit scores or credit history if you cease using the Services and do not complete a loan repayment or have defaulted on your Credit Builder payments. Repayment performance for Instant Cash is not reported to the credit reporting agencies.

7.5.5. Dispute of Credit Reporting Information by Customer

If you believe there is an error on your credit report relating to your Credit Builder Account, you may dispute the information by contacting us, as the servicer for Coastal Community Bank, Member FDIC, via email at [email protected]. We will then work with Coastal Community Bank, Member FDIC to conduct an investigation and let you know what we determine.

To file a dispute, email us at [email protected] and provide the following information.

Your name and, if applicable, account number or other identifying information;

The specific information you are disputing;

Your reasons for the dispute;

Any supporting documentation you wish to provide (for example, a copy of your credit report, account statements, or a police report of identity theft); and

Your email address is another means for us to contact you with the results of our investigation.

Once we receive a notice of your dispute, we and our partners will conduct a reasonable investigation and make a determination of the status of the disputed information in accordance with applicable law. This investigation is free of charge to you. Once we conclude our investigation, we will let you know if we determined the disputed information was accurate or inaccurate, or whether we need more information from you. If we determine that the disputed information is inaccurate, Brigit, on behalf of and as the servicer for Coastal Community Bank, Member FDIC, will notify the relevant credit reporting agencies and request that they delete or modify the information as appropriate.

7.6. Advance Service

You may elect to receive one or more non-recourse cash advances (each, an “Advance”) from Brigit. You can obtain an Advance from Brigit in several different ways. Keep in mind that you must qualify for an Advance each time an Advance request is made whether that is through the Autopilot Feature or a manual request. The decision whether to request an Advance is entirely optional and up to you.

First, you may choose to enroll in automatic Advances to prevent overdrafts (the “Autopilot Feature”). The Autopilot Feature is an optional feature that enables you to automatically obtain an Advance from Brigit when needed. Specifically, if Brigit’s algorithm predicts that you are likely to require funds in order to avoid an overdraft, the Autopilot Feature will advance you a preauthorized amount of funds (the “Needed Amount”) to cover your anticipated overdraft. You may be eligible for a Needed Amount of up to $250. The Needed Amount for which you are approved will be displayed to you through the Services. Brigit will inform you via text message and email when funds in the Needed Amount are transferred. You can turn off the Autopilot Feature within the Brigit application at any time.

Second, you may manually request the Needed Amount or an Advance in a different amount at any time by selecting the Advance amount and preferred delivery method within the Brigit application. Please note that you cannot request an Advance if you already have an Advance outstanding.

7.6.1. Advance Repayment

If you receive an Advance, Brigit will charge your Payment Method in accordance with the Credit and Debit Authorization above. Brigit will charge your Payment Method for Advance repayment any time after the later of: (a) the due-date displayed to you through the Services when you request the Advance; (b) the due-date chosen by you when extending your due-date within the app; or (c) any time Brigit sees a positive cash inflow into your linked bank account even if that available cash is not enough to pay the full amount owed on the Advance. Alternatively, you may choose to repay your Advance by self-initiating repayment to Brigit via ACH (a “Manual Repayment”). YOUR ADVANCE IS NOT CONDITIONED ON WHETHER YOU ELECT TO REPAY VIA PREAUTHORIZED ACH REPAYMENT OR MANUAL REPAYMENT.

Please note that you can always repay an Advance before your due date. There is no penalty for repaying early.

7.6.2. No Recourse In the Event of Non-Payment

This Section sets forth Brigit’s recourse against you in the event that an Advance is not repaid. Any other recourse or remedies claimed by Brigit, including but not limited to, indemnities, limitations on liability, and disclaimers of warranty described in the Terms do not apply to non-payment of an Advance. To the extent that any recourse-related provision in the Terms conflicts with this Section 7.6.2, this Section shall control.

Brigit warrants that it has no legal or contractual claim against you based on a failure to repay an Advance. In the event you fail to repay an Advance, Brigit will suspend your access to future Advances until you repay the outstanding Advance in full. With respect to a failure to repay an Advance, Brigit warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party for the purpose of debt collection activities, or report you to a consumer reporting agency. Brigit may send you an email, text or SMS message reminding you of an upcoming payment, however, such email, text or SMS message should not be construed as a demand for payment.

Brigit does not waive any rights regarding fraudulent activity, and Brigit will pursue instances of fraud.

It is your responsibility to contact Brigit if you are unable to repay your Advance on the scheduled due date. Brigit monitors your Bank Account balance before withdrawing the funds to ensure there are sufficient funds, but Brigit is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in your Bank Account sufficient to repay an Advance.

7.6.3. Expedited Delivery and Express Fee

You may request that Brigit expedite disbursement of your Advance by paying an optional fee (the “Express Fee”). While you can always receive an Advance within three (3) business days depending on processing times without additional cost, you may also choose to expedite the delivery if you have your Brigit User Account linked to your debit card. Brigit will typically deliver the Advance to you within 20 minutes. There is an express delivery fee (“Express Fee”) for this option. This fee may range from $0.99 to $3.99. The cost of this fee will be disclosed to you when you request an Advance through the mobile application. You will be given the opportunity to choose between the expedited or normal delivery method at the time you finalize the Advance transaction. The Express Fee is payable at the time you repay the Advance. Expedited delivery of an Advance and Express Fees are optional. The decision whether to request expedited delivery and pay an Express Fee is entirely up to you. Please note that there are no expedited transfer fees under Premium Subscriptions.

7.6.4. California Residents

Brigit is not currently licensed by the Department of Financial Protection and Innovation. If the Department does decide in the future to license Brigit, and/or require Brigit make modifications to its advance pay product agreement, such developments may have no impact on your obligations under this agreement.

Although Brigit is not licensed by the Department, any consumer is invited to share any comment and concerns about Brigit or its product and practices with the Department of Financial Protection and Innovation at (866) 275-2677 (toll-free) or at the following URL: https://dfpi.ca.gov/file-a-complaint/.

7.6.5. South Carolina Residents

Brigit offers advance services in the state of South Carolina pursuant to a license issued by the South Carolina Department of Consumer Affairs (SCDCA). You may get more information or seek help by visiting the SCDCA’s website at https://consumer.sc.gov, or by calling the Department at (803) 734-4200.

For residents of South Carolina, Bridge It, Inc. complies with applicable provisions of South Carolina law regarding Earned Wage Access transactions. However, this shall not be construed as a waiver of our right to enforce the choice of New York law and venue as stated in Section 21 of these Terms.

7.7. You may Obtain an Advance and/or Credit Monitoring without a Subscription

You are not required to enroll in a Subscription in order to receive an Advance or the Credit Monitoring service. Users that are eligible for Advances and/or Credit Monitoring may access an Advance and/or Credit Monitoring without a Subscription and without paying the Subscription Fee. To do so, email [email protected] and state that you would like an Advance and/or Credit Monitoring without subscribing to one of our Subscription plans. You may check whether you are eligible for Advances and Credit Monitoring through the Services.

8. Authorization & Disclosures for Credit Monitoring

8.1. Authorization

By registering for a Brigit User Account and using the Services, you specifically consent to, agree with, and are providing specific “written instructions” in accordance with the Fair Credit Reporting Act (“FCRA”) and other applicable law, that we, and our respective employees, agents, subsidiaries, affiliates, contractors, and data and service providers, reserve the right to provide your personally identifiable information to, and request, receive and provide you with your consumer credit reports and credit rating, and other information and data about you from and/or through, an authorized bureau (i.e. Equifax, Experian, TransUnion) and affiliated entities. The credit reports and credit rating are intended to furnish you with information that you may not otherwise have readily available to you. You understand that you are authorizing us and our third-party servicer to obtain such information at any time and use as described in the Terms for as long as Services are provided to you. YOU UNDERSTAND THAT IT MAY BE A VIOLATION OF FEDERAL AND/OR STATE LAW FOR YOU TO OBTAIN A CREDIT REPORT ON ANY PERSON OTHER THAN YOURSELF, AND THAT UNDER THE FAIR CREDIT REPORTING ACT, ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER CREDIT REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN 2 YEARS, OR BOTH. Your registration for the Credit Monitoring Service may not be fulfilled if we cannot verify your identity or other necessary information.

8.2. FCRA Disclosures

The Fair Credit Reporting Act (“FCRA”) allows you to obtain from each national credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through the Services, including Brigit’s website and mobile application, are not intended to constitute the disclosure of information by a credit reporting agency as required by the FCRA or similar laws.

Under the FCRA you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies (i.e. Experian, Equifax and TransUnion).

To obtain the free reports, you can:

Call 1-877-322-8228;
Order online at www.annualcreditreport.com; or
Complete the Annual Credit Report Request Form, available at www.ftc.gov/credit, and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.

You are also entitled to receive a free copy of your credit report from a credit reporting agency if:

You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
You certify in writing that you are a recipient of public welfare assistance.
You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.

The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information to dispute inaccurate or incomplete information in your credit file maintained by the credit reporting agencies.

Any credit report you request is not intended to constitute the disclosure of information required by the FCRA or similar state laws.

9. Earn Subscription & Cash Rewards

Brigit may, from time to time, offer rewards programs. The specific terms of any such rewards program will be displayed to you through the Services. Brigit reserves the right to cancel, modify or terminate any rewards program at any time.

10. Cancellation of Brigit Subscription

You may cancel your Brigit Subscription at any time through Brigit’s website, the mobile application, or by sending an email to: [email protected]. You may cancel your Brigit Subscription regardless of whether you have an outstanding Advance and you can close your Credit Builder account at any time to avoid charges for future months. You will be charged for the month in which you cancelled your Subscription as provided for in these Terms. You will lose access to Instant Cash and Credit Builder, Credit Monitoring and Identity Theft Protection immediately upon cancellation when you cancel your Subscription. All other benefits will continue through the end of the term in which you canceled.

11. Termination

Brigit, in our sole discretion, may terminate, suspend, change or restrict access to all or any part of the Services and/or your Brigit User Account at any time for any reason with or without notice. This includes, but is not limited to, circumstances where we reasonably believe that you are engaging in activities intended to exploit, manipulate, or misuse the Services in a manner designed to avoid payment for services or otherwise circumvent the intended use of the platform. We will make reasonable efforts to notify you of any such change, suspension, or termination, unless we terminate your access in accordance with Section 12.2.

If we terminate, suspend, change or restrict access to all or any part of the Services and/or your Brigit User Account, we will not be liable to you or any third party for claims, compensation, reimbursement, or damages for any such change, suspension, or termination of the Services, your Brigit User Account, or for any deletion of your Account Information or your data.

12. Your Representations and Warranties

12.1. Your Representations and Warranties

By using the Services, you represent and warrant all of the following:

Documentation. You have the right and authority to submit or otherwise provide us with any documents for the provision of the Services, including, but not limited to, pay stubs or bank statements related to your financial situation;

Violation of Any Law, Regulation, or Other Obligation. Your use of the Services does not violate, or promote the violation of, any applicable law or regulation, or any legal or contractual obligation you may have to a third party, and at all times, you have and will comply with all applicable laws, rules and regulations in connection with your use of the Services;

Location of Financial Accounts. Any Bank Account(s) you associate with the Services are located in the United States;

Third Party Access. You shall not share your Brigit User Account, PIN or login information with any third party. You shall not let any third party access your Brigit User Account. You are responsible for maintaining the confidentiality of the PIN and login information for your Brigit User Account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your Brigit User Account, even if such activities were not committed by you; and

Use of a Bank Checking Account. You will not link your Bank Account to more than one Brigit User Account.

12.2. Verification of Your Representations and Warranties.

By using the Services, you understand and agree that we may, in our sole discretion, but are not required to, verify that any or all of your representations and warranties listed above are met. If you become aware of any violation or possible violation of your representations and warranties by you or any third party, you will report it to Brigit as soon as possible. If Brigit becomes aware of any violation or possible violation of your representations and warranties, Brigit may terminate, suspend, change or restrict access to all or any part of the Services and/or your Brigit User Account with or without notice and in Brigit’s sole discretion.

13. Disclaimer of Warranties

Through the Services you may receive predictions about your financial situation including, for example, predictions about your likelihood of overdrafting (each, a “Prediction”). You understand and acknowledge that each Prediction merely represents our attempt to predict future circumstances regarding your Bank Account. We cannot, and do not, guarantee the accuracy of any such Prediction and that the Services might not predict an overdraft that actually occurs in your Bank Account. Except as expressly set forth herein, your use of the Services, and any decision of yours to act upon any Prediction, is your sole responsibility and at your exclusive risk.

The Services are provided on an “as is” and “as available” basis without warranties of any kind. Brigit does not guarantee that the Services are, or will be, free of defects or errors. To the extent permitted by law, we disclaim all implied or statutory warranties of any kind relating to the Services, including, but not limited to, each Prediction, and in no event shall Brigit or any of its officers, directors, shareholders, advisors, employees, partners, agents, affiliates or anyone acting on Brigit’s behalf, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the Services, including any Prediction or non-Prediction, whether or not the damages are foreseeable, and whether or not Brigit has been advised of the possibility of such damages.

If you are a California resident, you hereby waive California Civil Code section 1542 which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

No advice or information, whether oral or written, obtained by you from Brigit, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk.

14. Brigit is Not a Financial Adviser

Before using the Services, you should consider obtaining additional information and advice from a financial adviser. Brigit is neither a financial adviser nor a financial planner. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you and your financial situation.

15. Prohibited Activities

You are solely responsible for compliance with all laws, rules, and regulations that may apply to your use of the Services. In connection with your use of the Services, you shall not, and shall not assist or enable any third party, to:

reverse engineer or attempt to find the underlying code of the Services, including, but not limited to, Brigit’s website and/or mobile application;

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or these Terms;

copy, modify, or create derivative works of the Services or Content (defined below) of any of the Services;

attempt to disable or circumvent any security or access control mechanism of the Services;

design or assist in designing cheats, exploits, automation software, such as, but not limited to, spiders, bots, hacks, mods or any other unauthorized third-party software to modify or interfere with the Services;

attempt to gain unauthorized access to the Services, other Brigit User Accounts, or other devices, computer system, phone systems, or networks connected to the Services;

harvest or otherwise collect information about users;

use, display, mirror or frame the Services, Content or any individual element within the Services, Brigit’s name, any Brigit Trademark (defined below), or the layout and design of any page or form contained on a page in the Services, without Brigit’s express written consent; or
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Services, including, but not limited to, Brigit’s website and mobile application.

In the event you partake in any prohibited activities, you acknowledge and agree that Brigit has the right to and may, at its sole discretion, take legal action and/or use other remedies, including, but not limited to, terminating or suspending your Brigit User Account.

16. Intellectual Property Rights (IP Rights)

16.1. IP Rights: Content

With the exception of any third party materials, Brigit is the owner of all worldwide rights, titles and interests in: (a) the Services, including, but not limited to, Brigit’s website, mobile application and all content therein, all design, text, graphics, images, audio, video and other material, as well as the domain name, tagline, organization and use look-and-feel, related documentation, and all enhancements, derivatives, bug fixes or improvements to the Services; and (b) trade names, trademarks, and logos of Brigit (collectively, the “Content”). You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content without Brigit’s written consent. You may, however, from time to time, download and/or print one copy of individual pages of the website for your personal, non-commercial use, provided that you do not modify the Content and that you keep intact all copyright and other proprietary notices. You agree that you do not acquire any ownership rights in any downloaded Content. This permission terminates immediately if you breach the Terms. You may not “mirror” any Content in the Services, including Brigit’s website and mobile application, without Brigit’s express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes.

16.2. IP Rights: Trademarks

The trademarks, service marks and logos (the “Trademarks”) used and displayed in the Services, including those on Brigit’s website and in the mobile application, are registered and unregistered Trademarks of Brigit. Other trademarks, service marks and trade names may be owned by others. Nothing on the Brigit’s website or in the Services, including Brigit’s mobile application, should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Brigit intellectual property displayed in the Services. The names “Brigit” and “Bridge IT, Inc.” and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials in the Services, without prior written permission from Brigit.

17. Links to Third Parties and Third Party-Content

The Services may contain links or other content related to websites, advertisers, products and/or services offered by third parties. Brigit has no control and makes no representation with respect to any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. You understand and agree that use of such links and use of any products or services from third parties is at your own risk. Brigit expressly disclaims, and user expressly releases Brigit from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to the use of such links or the use of any such products or services from third parties.

18. Limitation of Liability

Under no circumstances will Brigit, or any of its successors, parents, subsidiaries, affiliates, partners, third-party service providers, officers, directors, stockholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns (the “Brigit Parties”) be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, the Services or the information contained in the Services, including for viruses alleged to have been obtained from the Services, even if Brigit has been advised of the possibility of such damages. In no event shall the Brigit Parties’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed the greater of (a) the amount of fees earned by us in connection with your use of the Services during the three (3) month period immediately preceding the event giving rise to the claim for liability, or (b) $100. Some jurisdictions may not allow the exclusion of implied warranties in which case some of the above exclusions may not apply to all users.

19. Indemnification

You agree to release, indemnify, defend and hold the Brigit Parties harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Brigit Parties arising out of or relating to (a) your improper use of the Services; (b) your breach or alleged breach of the Terms, the representations, warranties, and covenants you have made by agreeing to the Terms, or applicable law; (c) your violation or alleged violation of any rights of a third party; or (d) any negligent acts, omissions, or willful misconduct by you. You shall cooperate as fully as reasonably required in the defense of any such claim. Brigit reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Brigit. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Services.

20. Dispute Resolution and Agreement to Arbitrate

Section 20 contains an agreement to arbitrate (the “Arbitration Agreement”) and Class Action Waiver. The Arbitration Agreement and Class Action Waiver are part of your contract with Brigit and affect how legal claims and disputes that you and Brigit may have against each other are resolved. You have the right to reject the Arbitration Agreement by opting out as provided in Section 20.2 below. Please read Section 20 carefully before entering into the Terms.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE TERMS, YOU AND BRIGIT ARE AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU AND BRIGIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

You represent and warrant that you have read this Section 20 carefully and understand that it limits your rights in the event of a dispute between you and us.

20.1. Arbitration Agreement

20.1.1. The Federal Arbitration Act.

You and Brigit agree that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by, and enforced pursuant to, the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

20.1.2. Agreement to Arbitration

You and Brigit agree that any and all Disputes, as defined below, between you and Brigit will be resolved by binding arbitration proceedings and that arbitration is the sole and exclusive forum for resolving all Disputes between you and Brigit. You and Brigit agree that arbitration proceedings shall only be had on an individual basis and that no arbitration will proceed as a class or representative action.

Arbitration is a process in which persons agree to: (a) submit dispute(s) between them to a neutral third person for a binding decision; and (b) waive their rights to file a lawsuit in court to have a judge or jury resolve their dispute(s). Arbitration is private and less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. Pre-arbitration discovery may be limited. Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator. The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision.

20.1.3. Scope

The term “Dispute” (or “Disputes”) means any and all disputes, claims, actions, legal proceedings and controversies between you and Brigit, whether preexisting, present or future, that arise from and/or relate, directly or indirectly, to your interaction(s), experience(s) and communication(s), which expressly include, but are not limited to, Disputes arising from and/or relating or pertaining to the Terms, your Brigit User Account, the Services, which include, but are not limited to, the Brigit website, Brigit’s mobile application, and Brigit’s products and services, and/or communications between you and Brigit. Disputes are subject to arbitration regardless of whether they arise from any federal, state or common law and whether based in contract, tort, statute, constitution, regulation, ordinance, principles of equity or otherwise, and include initial claims, counterclaims, crossclaims, third-party claims, or otherwise. You and Brigit agree that questions related to the validity and/or enforceability of the Arbitration Agreement are delegated to, and shall be resolved by, an arbitrator subject to the applicable rules of the arbitration association selected.

Please note that, notwithstanding the Arbitration Agreement, you may assert any Disputes you may have in small claims court, or your state’s equivalent court, so long as the matter remains in such court and advances only on an individual basis and not on a class or representative basis.

You and Brigit agree that the intent of this Arbitration Agreement is that You and Brigit will resolve any and all Disputes between you in arbitration and that the Arbitration Agreement is a material part of your contract with Brigit. The Arbitration Agreement is to be given the broadest possible interpretation that is enforceable with any questions or doubts resolved in favor of arbitration.

20.1.4. Arbitration Procedures

The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Agreement or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s website at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their website at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Agreement, this Arbitration Agreement shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States in the county where you live or work, or any other location agreed to by you and Brigit.

The arbitrator shall apply substantive law consistent with the Federal Arbitration Act (the “FAA”), applicable statutes of limitations, and the governing law provision in Section 21 below, which is incorporated into the Arbitration Agreement by reference. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or motion for summary judgment. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in the Terms and this Arbitration Agreement. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

Subject to Section 20.3 below and unless consented to in writing by all parties to the arbitration, an arbitration award shall determine the rights and obligations of the named parties to the arbitration only, and only with respect to the Dispute(s) in arbitration, and shall not: (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Dispute(s) of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. A judgment on the award may be entered by any court having jurisdiction subject to any right to appeal under the FAA or the terms of this Arbitration Agreement.

20.1.5. Arbitration Fees

If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with applicable law if contrary to the administrator’s rules.

Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

20.1.6. Appeals

The arbitrator’s award shall be final and binding on all parties except for any applicable right of appeal provided by the FAA. However, if the amount of the award in controversy exceeds $50,000, you or we may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. Any such appeal must be filed within 14 days of entry of the award. In the event of such an appeal, the opposing party may cross-appeal within 14 days after the filing of the appeal. The panel shall reconsider de novo any aspect of the initial award requested by the appealing party (or parties if a cross-appeal is filed). The decision of the panel shall be by majority vote. The appeal shall be conducted according to the rules of the arbitrator administrator except as otherwise provided in the Arbitration Agreement. Fees and costs associated with any appeal shall be governed by Section 20.1.4. The final decision on any appeal is subject to judicial review only as provided under the FAA and a judgment on the award after any appeal may be entered by any court having jurisdiction.

20.2. Opt-Out of Arbitration.

You may opt out of the Arbitration Agreement by sending an arbitration opt-out notice to [email protected] or in accordance with Section 27 below, within 30 days of the date of your electronic acceptance of the Terms. No other methods can be used to opt out of this Arbitration Agreement. Your opt-out notice must clearly state that you are rejecting the Arbitration Agreement contained in the Terms, provide your name, address, and social security number, and be signed by you or your legal representative. If the opt-out notice is sent on your behalf by a third party, evidence of such third party’s authority to submit the opt-out notice on your behalf must be included with the opt-out notice

20.3. No Class Actions.

You and Brigit agree that arbitration proceedings shall only be had on an individual basis and that no arbitration will proceed as a class, representative or collective action. NO ARBITRATION OR OTHER PROCEEDING SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE DISPUTE(S) OR CLAIM(S) THAT ARE THE SUBJECT OF THE ARBITRATION PREVIOUSLY HAD BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS A CLASS REPRESENTATIVE, OR COLLECTIVE ACTION. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or entities in the same arbitration proceeding. No arbitration administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 20.4, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 20.4 shall be determined exclusively by a court subject to Section 21 below and not by the arbitration administrator or any arbitrator.

20.4. Informal Dispute Resolution.

If a Dispute(s) arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the Dispute(s) quickly. You agree that before filing any Dispute(s) in arbitration, you must submit your Dispute(s) to Brigit by sending an email to [email protected]. You agree that before filing any Dispute(s) in arbitration, you must allow Brigit 30 days from the date you send your Dispute(s) to [email protected] to address and attempt to resolve your Dispute(s).

20.5. Survival and Severability.

This Arbitration Agreement shall survive the termination of the Terms. If any portion of this Arbitration Agreement other than Section 20.3 is deemed invalid or unenforceable, the remaining portions of this Arbitration Agreement shall nevertheless remain valid and in force. In the event that Section 20.3, prohibiting class and representative actions is fully and finally adjudicated to be unenforceable, then no arbitration shall be had. In no event shall any invalidation of the Arbitration Agreement be deemed to authorize an arbitrator to determine Dispute(s) or make awards beyond those authorized under the Arbitration Agreement.

Except as otherwise required by applicable law, in the event that this Arbitration Agreement is found not to apply to you or your Dispute(s), or is otherwise invalidated, you and Brigit agree that, consistent with Section 21 below, any judicial proceeding (other than a small claims actions) will be brought in the federal or state courts of New York, New York. You and Brigit consent to venue and personal jurisdiction there. You and Brigit agree to waive the right to a jury trial with respect to any Dispute(s) not subject to the Arbitration Agreement.

You and Brigit agree that any Disputes(s) not subject to the Arbitration Agreement shall only proceed on an individual basis and that no lawsuit will proceed as a class, representative or collective action. NO LAWSUIT SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE DISPUTE(S) OR CLAIM(S) AT ISSUE PREVIOUSLY HAD BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) AS A CLASS REPRESENTATIVE, OR COLLECTIVE ACTION.

If you are a “covered borrower” as defined by the Military Lending Act and 32 C.F.R. § 232.3, as may be amended from time to time, at the time of entering into the Terms, the Arbitration Agreement does not apply to you and you do not need to opt out of or take any action to ensure inapplicability of the Arbitration Agreement. For additional information concerning the Military Lending Act, please see Section 25 below.

20.6. WAIVER OF RIGHT TO JURY TRIAL.

YOU AND BRIGIT ACKNOWLEDGE THAT YOU HAVE A RIGHT TO LITIGATE DISPUTES IN COURT BEFORE A JUDGE OR JURY AND THAT YOU WILL NOT HAVE THAT RIGHT BY ENTERING INTO THE ARBITRATION AGREEMENT. YOU AND BRIGIT KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO FILE A LAWSUIT IN A COURT AND THE RIGHT TO A TRIAL BY JURY.

21. Governing Law and Venue

Except for Credit Builder, and unless stated otherwise herein, these Terms, the Services, and all claims and/or Disputes shall be governed by the laws of the State of New York without regard to any conflict-of-law rules.

Any Disputes not subject to the Arbitration Agreement shall be resolved in the federal or state courts of New York, New York. You and Brigit consent to venue and personal jurisdiction there. You and Brigit agree to waive the right to a jury trial with respect to any Dispute(s) not subject to the Arbitration Agreement. YOU AND BRIGIT KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO A JURY.

Notwithstanding the foregoing, residents of South Carolina will be subject to the jurisdiction of the federal or state courts of South Carolina when claims are made for their use of Brigit’s advance services.

22. Support and Feedback

Users may contact Brigit for support relating to the Services by sending an email to [email protected]. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials in the Feedback for any purpose and without compensation to you.

23. Consent to Use Electronic Signatures and Electronic Communications

“Communications” means any and all agreements, communications, disclosures, notices, records, documents and/or other items that we provide to you, or that you consent or agree to at our request.

“Contacting Us” means emailing us at [email protected].

“Current Version” means a version of any particular software or application that is currently being supported by its publisher.

“Electronic Communications” means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature.

“Electronic Media” means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.

“Electronic Product or Service” means each and every product and/or service we offer that you apply for, use or access using any Electronic Media.

“Electronic Signature” means any means that is used to indicate your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box or taking any other action to indicate your consent and/or agreement on or in any Electronic Media.

“We”, “us”, and “our” mean Brigit, its parents, subsidiaries, partners, third-party service providers, affiliates, agents, and assigns.

“You” and “your” mean the person giving this consent.

23.1. Electronic Signatures and Electronic Communications.

Subject to applicable law, you consent and agree:

To use Electronic Signatures to indicate that you have read and understand, and that you agree and consent to the Terms, including, but not limited to, the Arbitration Agreement and Privacy Policy, and any and all other conditions and/or any other agreements that we may provide on any form of Electronic Media;

That any and all Communications that we may send or provide to you (even Communications that we may otherwise be required to send or provide you in paper form) shall be in the form of Electronic Communications;

Each Electronic Communication will be considered to be received by you at the time that we first attempt to send it to you, or if posted on the website or in the Services, within 24 hours after the time that the Electronic Communication is posted;

To print and save and/or electronically store a copy of all Electronic Communications that we send to you;

To notify Brigit of any change in your email address, your mobile device number, or other text message address by Contacting Us;

That the foregoing consents and agreements will remain in effect unless and until you withdraw them in accordance with the Terms;

That you represent and warrant to us that you have read and understand this Section 23, titled “Consent to Use Electronic Signatures and Electronic Communications.”

23.2. Hardware and Software Requirements.

In order to access and retain our Electronic Communications, you must have, and you represent and warrant to us that you do have, and at all times while using the Services you will have, all of the following: (1) a valid email address; (2) a computer, laptop, tablet, smartphone, or other device that is internet-enabled and is connected to the internet: (3) a web browser that includes 128-bit encryption, such as a Current Version of Chrome, Internet Explorer, Firefox or Safari, with cookies enabled; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (5) a computer or device and an operating system capable of supporting all of the above; and (6) data storage to electronically save Electronic Communications or a printer to print them.

23.3. Withdrawal of Consent.

You may withdraw your consent to receive Electronic Communications by Contacting Us. Subject to any applicable law, such withdrawal will be effective only after we have had a reasonable time period to process such withdrawal, and will not apply to Electronic Communications provided by us to you before the withdrawal of your consent becomes effective. If you withdraw your consent, then, except as may be expressly provided otherwise in the Terms, you may request to receive paper copies of Electronic Communication. Please see Section 23.4 below.

23.4. Requesting Paper Copies.

You may request a paper copy of any Electronic Communications that we provide to you by Contacting Us. We will mail the paper copy to your mailing address that we have on file.

23.5. Changes.

We reserve the right, in our sole discretion, (a) to communicate with you in paper form and/or (b) to discontinue providing you with Electronic Communications, and/or (c) to terminate the Terms and the provisions regarding Electronic Signatures and Electronic Communications. Subject to any applicable law, we may notify you of any such discontinuance, termination or change regarding Electronic Signatures and Electronic Communications by updating the Terms on the website or in the Services in accordance with Section 3, or by delivering notice by email or text message, or by any other means of Electronic Communications that we may choose in our discretion.

23.6. Contacting Us Regarding Electronic Signatures and Electronic Communications.

Please feel free to request information or ask questions regarding our policy on Electronic Signatures and Electronic Communications by Contacting Us at [email protected], or Bridge IT, Inc. 36W 20th Street. Floor 11, New York, New York 10011.

24. Email and SMS Messaging

When you provide us with your mobile phone number and email address, you understand and agree that Brigit and its affiliates may contact you at that number and email address using text messages with service-related information such as alerts and transactional messages, or questions about the Services and/or your Brigit User Account. We will not use autodialed or prerecorded SMS or texts to contact you for marketing or promotional purposes unless we receive your prior express written consent. You do not have to agree to receive marketing-related, autodialed or prerecorded SMS or texts or emails in order to use and enjoy the Services. If you choose to receive marketing-related prerecorded SMS or texts via long code, or by email, you can opt-out of such marketing-related messages in several ways, including through the Settings page of your Brigit User Account or by contacting us at [email protected]. Standard text charges may apply to all SMS or text messages.

You certify, warrant and represent that the telephone number and email address you have provided to us is your contact information and not someone else’s telephone number or email address. You represent that you are permitted to receive text messages at the telephone number you have provided to us and emails at the email address you have provided us. You agree to promptly alert us whenever you stop using a telephone number or email address and if your contact number or email address changes.

You can cancel the SMS service at any time. You can cancel the SMS service by texting “STOP” to the short code (i.e., replying to the SMS message). After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed from the particular SMS messages you have requested to no longer receive (e.g. marketing, transactional, etc.). After this, you will no longer receive these particular SMS messages. You may still receive other SMS messages for different purposes, which you may also opt out of in the same manner.

If you are experiencing issues with the SMS messaging program, you can reply to the message with the keyword “HELP” for more assistance, or you can get help directly by emailing us at [email protected].

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, you should contact your wireless provider. Carriers are not liable for delayed or undelivered messages.

Brigit will use best efforts to send all SMS messages and emails regarding your Brigit account to you between the hours of 8 a.m. and 9 p.m. in the time zone for the area code specific to the contact number you provided to us. However, given the uncertainty of SMS and email systems with respect to the delivery and receipt of messages, you understand, consent, and expressly agree that you may receive SMS and/or email messages outside of those specified hours. You may withdraw your consent to receiving SMS messages and emails regarding your Brigit account outside the hours of 8 a.m. and 9 p.m. in the time zone for the area code specific to your contact number by emailing your request to [email protected].

We may modify or terminate our email and/or SMS messaging services from time to time, for any reason and without notice, including the right to terminate email and/or SMS messaging. Please review the Privacy Policy for additional information.

25. Military Lending Act

Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).

Federal law requires that you receive a clear description of your required payment obligations. Please carefully review your payment obligations provided in the Terms and disclosures above, as well as any payment obligations contained in any other agreements related to your use of the Services, including, but not limited to, your Credit Builder agreement if applicable, to understand your payment obligations.

Oral Disclosures: If you are a member of the Armed Forces or a dependent of such a member covered by the federal Military Lending Act, before proceeding with the Terms or using the Services, if you wish to hear important disclosures and payment information, please call (855) 519-2162.

If you are a “covered borrower” as defined by the Military Lending Act and 32 C.F.R. § 232.3, as may be amended from time to time, at the time of entering into these Terms, Section 20 above will not apply to you.

26. Miscellaneous

26.1. Severability.

If any portion of the Terms are deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable shall be stricken from the Terms .

26.2. Survival.

The following Sections of the Terms shall survive termination of your Brigit Account and/or your use or access to the Services: Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution and Agreement to Arbitrate, Military Lending Act, this Section 26, titled “Miscellaneous,” and any other provision identified herein that by its own terms survives termination of your use or access to the Services.

26.3. Entire Agreement.

The Terms, including the Arbitration Agreement and Privacy Policy, represent the entire understanding and agreement between you and Brigit regarding the subject matter of the same, and supersede all other previous agreements.

26.4. Assignment.

You may not assign any rights hereunder without our prior written consent. Brigit may assign its rights or obligations pursuant to the Terms. Nothing contained in the Terms shall be construed to limit the actions or remedies available to Brigit with respect to any prohibited activity or conduct.

26.5. Waiver.

Non-enforcement of any provision of the Terms does not constitute consent or waiver of any other provision, and Brigit reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

26.6. No Joint Venture.

No joint venture, partnership, employment, or agency relationship exists between you and Brigit as a result of the Terms or your use of the Services.

27. Contact Us

If you have any questions, comments, or concerns regarding the Terms, please contact us at [email protected], or Bridge IT, Inc. 36W 20th Street. Floor 11, New York, New York 10011.