Last updated December 12, 2017

This EarnWallet Agreement ("Agreement") is between you and EarnWallet, Inc. ("we" or "us" or "our") and describes the terms of service that apply to your usage of the EarnWallet program and services ("EarnWallet"). The dollar value that you purchase in EarnWallet is a prepayment for the goods and services of participating merchants. To make it easier for you to pay with a mobile phone and to make your relationship with our merchants more rewarding, we offer digital gift cards ("Gift Card" or "Prepaid Card") for purchase and award you loyalty points ("Stamps"). By buying a Gift Card in EarnWallet, you agree to be bound by these terms of service. If you do not agree to these terms of service, do not participate in EarnWallet. We may modify this Agreement or EarnWallet at any time. We will post any modifications to this Agreement to EarnWallet. Except as otherwise specified the modification will become effective upon the earlier of posting it to EarnWallet or otherwise communicating it to you, and you will be deemed to accept the modification if you use EarnWallet after it has been posted. If you do not accept a change to this Agreement or EarnWallet, your sole remedy is to contact us and close your account.

EarnWallet is intended for personal use only. Commercial use is prohibited. This program is not targeted towards, nor intended for use by anyone under the age of 18. You may only have one (1) account that is personal to you.

Unless otherwise required by law or permitted by this Agreement, the dollar value on your Gift Card is nonrefundable and may not be redeemed for cash. Certain merchant locations, like airport locations, may not permit you to use a Gift Card for payment. TO FIND OUT IF A PARTICULAR LOCATION WILL ACCEPT GIFT CARDS AS PAYMENT, PLEASE CHECK WITH THAT MERCHANT LOCATION.

Please read the Arbitration policy, below, carefully to understand how we govern any disputes between you and us. Unless you opt out this provision will eliminate your right to a trial by jury and substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

Please read the EarnWallet Privacy policy carefully to understand how EarnWallet collects, uses and discloses information about customers. The registration process will require you provide your name, email address and mobile number.

Email us at earnwallet@earnwallet.com.
We have provided your obligations and your rights below.
Answers to simple questions can be found in the EarnWallet FAQ.

EarnWallet is a way to thank loyal customers for patronizing our participating merchants. Users of EarnWallet are able to earn and accumulate "Stamps" that can be redeemed for "Rewards". There are 4 steps to using EarnWallet:

1. Download the mobile application from Apple's App Store or Google Play Store to your iPhone® or Android™ device and create a secure EarnWallet account.
2. Purchase a qualifying Gift Card product for a participating merchant.
3. Pay the merchant with your mobile device by accessing My Wallet for your prepaid Gift Card.
4. Redeem completed stamp cards for Rewards from participating merchants.

You may cancel your account at any time by messaging us using 'Contact us' in the EarnWallet app. If you cancel the account, you will forfeit any existing Stamps. Upon cancellation and upon request, we will email you a copy of active Gift Cards on your account.

You may update your first name, last name, profile photo, email address, and password. Username cannot be updated and updates to your phone number requires a message to us using 'Contact us' in the EarnWallet app.

For your protection and to limit our risk, we apply limitations on purchases to prevent fraud and loss.

• You may not be able to use EarnWallet outside the 50 United States and Washington D.C.
• Your purchases may not exceed $2,000, or less depending on the status of your account, over the course of a day. We may change any of these amounts or restriction triggers at any time without notice to you.
• We will not accept any purchase if we reasonably believe that the purchase is fraudulent, unauthorized or otherwise unlawful, and we consider such action appropriate to limit our risk.
• EarnWallet does not control the merchant terms and condition which govern the use of Gift Cards for payment at their locations, consequently EarnWallet has no liability to you for any merchant related disputes.

PROTECT YOUR ACCOUNT AND TREAT THE GIFT CARDS LIKE CASH. THERE ARE NO REFUNDS FOR LOST OR STOLEN GIFT CARDS. ISSUES RELATING TO PRODUCT OR SERVICES PURCHASED USING THE GIFT CARD ARE BETWEEN YOU AND THE MERCHANT. NO REFUNDS WILL BE ISSUED BY EARNWALLET, ALL SALES ARE FINAL.

You may purchase merchant Gift Cards using Amazon Pay only, currently the only form of payment accepted in EarnWallet for payment. Please check with Amazon for any questions about setting up Amazon Pay.

When you use your EarnWallet account to make a Gift Card purchase, we will provide a receipt via email and a record of the transaction in EarnWallet under 'My transactions'. You can check the balance of your Gift Card by contacting the merchant directly, instructions for checking the balance may be listed under the merchant specific terms and conditions listed under each Gift Card purchase. We will not update the balance of your Gift Card, it is up to you to manage balance information.

Without notice to you, EarnWallet reserves the right to suspend/or terminate any EarnWallet account and/or your participation in EarnWallet if we determine at our sole discretion that you have violated these Terms of service, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. EarnWallet may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in EarnWallet is terminated, then all accumulated Stamps in your account are void. EarnWallet reserves the right to terminate, discontinue or cancel EarnWallet at any time and in its sole discretion.

Without notice to you, EarnWallet reserves the right to make ineligible any EarnWallet account that has been inactive for two (2) consecutive years. Inactive is defined as no Stamps earned. In the event that your EarnWallet account is unregistered or rendered inactive, then all accumulated Stamps in your account are void.

The value on your Gift Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest. We do not charge any activation, service, dormancy or inactivity fees in connection with your Gift Card. Your Gift Card has no expiration date nor does the value on your Gift Card ever expire.

From time to time, we may, in our sole discretion, run promotional programs associated with EarnWallet ("Promotions"). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotions at any time, including and up to terminating the Promotion.

The User agrees to defend, indemnify, and hold harmless EarnWallet, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors ("EarnWallet Indemnitees") from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys' fees) ("Claims") that arise from or relate to the User's use or misuse of the Application, violation of these Terms, or violation of any rights of a third party. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a EarnWallet Indemnitee's sole negligence. EarnWallet reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third-party claim that the Application or User's possession and use of the Application infringes that third party's intellectual property right, EarnWallet, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

EARNWALLET IS PROVIDING THE APPLICATION TO THE USER "AS IS" AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, EARNWALLET DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, THAT USER INFORMATION OR ORDERS TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED, THAT ORDERS WILL BE AS PLACED OR READY AT THE SUGGESTED TIME, OR THAT ANY PARTICULAR ITEM ORDERED WILL BE AVAILABLE. THE MATERIALS AND INFORMATION IN THE APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY.

SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER CALIFORNIA LAW, IN NO EVENT SHALL EARNWALLET OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APPLICATION, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EARNWALLET'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. THE USER'S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION.
IF YOU RESIDE IN A JURISDICTION OTHER THAN CALIFORNIA, YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of EarnWallet (collectively, "Disputes") will be settled by binding arbitration between you and EarnWallet, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and EarnWallet are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purposed class action or representative proceeding. Further, unless both you and EarnWallet otherwise agree in writing, the arbitrator may not consolidate more than one person's claim, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these terms.

The Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgement on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages of which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimants' individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. EarnWallet will not seek, and hereby waives all rights EarnWallet may have under applicable law to recover, attorneys' fees and expenses if EarnWallet prevail in arbitration.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules, or as required by law. The prevailing party is entitled to recover fees.

Notwithstanding the provisions of the modification-related provisions above if EarnWallet changes this "Dispute Resolution" section after the date you first accepted these terms (or accepted any subsequent changes to these terms), you may reject any such change by providing EarnWallet notice of such rejection by email from the email address associated with your Account to: earnwallet@earnwallet.com, within 30 days of the date such change became effective, as indicated in the "last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and EarnWallet in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these terms (or accepted any subsequent changes to these terms).

Last updated December 12, 2017

EarnWallet collects information about you when you use our mobile applications. This Privacy Statement ("Statement") applies to persons who use EarnWallet to purchase Gift Cards and use Stamps ("Users").

To use EarnWallet we require you to sign up for an EarnWallet account. When you do, we'll ask for personal information like your name, email address, and telephone number to store with your account.

We collect information about how you use our services. This information includes:

• Device-specific information. Such as your hardware model, operating system and version, unique device identifiers, and mobile network information including phone number. We may associate your device identifiers or phone number with your EarnWallet Account.
• Log information. When you use EarnWallet we automatically collect and store certain information in server logs. This includes search queries, access dates and times, app features viewed, and device events like crashes, system activity, hardware settings.
• Location information. When you use EarnWallet in the foreground and permit EarnWallet to access location services as GPS and device sensors, we may collect the precise location of your device. You can disable location data collection by changing the setting on your mobile device. However, this will limit your ability to use certain features of EarnWallet.
• Transaction information. We collect transaction details related to EarnWallet, including amount charged, date and time of purchase, Stamps earned and other related transaction details.

We may also receive information from other sources and combine that with information we collect through EarnWallet. Including when you use a payment provider (e.g. Amazon).

• Maintain and improve EarnWallet, including, for example, to facilitate payments, send receipts, provide products and services you request, develop new features, provide customer support to Users, authenticate Users, and send product updates and administrative messages;
• Perform internal operations, including, for example, to prevent fraud and abuse of EarnWallet; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;

• With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our terms or to protect the rights or property of EarnWallet or others;
• In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
• If we otherwise notify you and you consent to the sharing; and
• In an aggregated and/or anonymized form which cannot reasonably be used to identify you.

EarnWallet will comply with Users requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

EarnWallet DOES NOT share your personally identifiable information with third parties for the third parties' direct marketing purposes.

If you have any questions about this Privacy Statement, please contact us at earnwallet@earnwallet.com.