Nexaflex Spend Card Terms - US Business

Interest Rates

• Annual Percentage Rate (APR) for Purchases: 0%
• Currently 0% interest on all purchases
• Issuer and Nexaflex reserve the right to implement interest in the future, for new purchases.
• Any interest changes will be disclosed prior to implementation and other charges associated with your Nexaflex Card.

Fees

• Foreign Exchange Fee (non USD): up to 5%
• Cross Border Fee: up to 5%
• Late payment: Up to $45
• Liquidation penalty: Up to $40
• Returned payment: Up to $29 (not charged if late fee applies to the same minimum payment due, and will never exceed the minimum payment due).
• Special service fees: Additional fees may apply for special services requested in accordance with applicable law.

Foreign transactions: If you make a transaction using your Account in a foreign currency (including, for example, online purchases from a merchant located outside of the U.S.), the credit card association will convert any transaction in foreign currency into U.S. dollars using an exchange rate for the applicable central processing date that is (1) selected by the association from the range of rates available in wholesale currency markets, which rate may vary from the rate the association receives, or (2) the government mandated rate. The conversion rate you get may differ from the rate on the transaction date or the posting date, and from the rate that the credit card association gets. A merchant or other third party may convert a transaction into U.S. dollars or another currency, using a rate they select, before sending it to the credit card association.

Spending Limits

• Your spending limit is generally set by Nexaflex pursuant to the terms of the Nexaflex Terms as well as the amount of collateral in your linked wallet. Issuer may additionally set spending limits on each Nexaflex Card or an aggregate spending limit across all Nexaflex Cards, at its sole discretion.
• Nexaflex Account Spending limits are dynamic and may be modified at any time with or without notice to you, including temporarily increases or decreases or reducing spending limits to $0.
• Any authorized Charge or fee on a Nexaflex Card may reduce your spending limit by a corresponding amount.

Transaction Processing

• When you use Nexaflex Card to initiate a transaction at certain merchants where the amount of the final transaction is unknown at the time of authorization, Issuer may assess a value to such a Charge for an amount higher or lower than the final Charges.
• The initial "hold" Charge will reduce your spending limit until the final Charge is determined.

Purchases & Restrictions

The primary purpose of your Account is to facilitate corporate expenses and other corporate purchases. Nexaflex and Issuer reserve the right to block and terminate transactions and suspend access to your Account, unless prohibited by applicable law, for transactions and activity which presents patterns that do not conform with business purposes.

You may use your Account to purchase or lease goods or services (each, a "purchase") by presenting your Card or providing to participating merchants and establishments that honor the Card your Card number and additional information by any other means (for example, over the phone, online or through a mobile app). We will not be liable to you (or anyone else) if any merchant or other person cannot or will not process a purchase permitted under these Card Terms. Unless prohibited by applicable law, we may from time to time limit the type, number and dollar amount of any purchase, including any cash-like transaction, even if you have sufficient available credit to complete the purchase.

We reserve the right to deny any purchase for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the purchase. We may terminate or suspend your use of the Card or the Account, with or without notice to you before or at the time we take such action. Cash advances and balance transfers are not available under these Card Terms.

Prohibited Transactions

The Nexaflex Card cannot be used for:

• Any expense which is not a business expense incurred by you;
• Any purpose prohibited by these Card Terms;
• Personal, family, or household purposes.
• For, with, or for the benefit of any individual or entity who is blocked or sanctioned by the United States, including those identified by the United States Department of Treasury's Office of Foreign Assets Control (OFAC);
• Cash-like transactions including, but not limited to, purchasing travelers checks, foreign currency, money orders, wire transfers, cryptocurrency, other similar digital or virtual currency and other similar transactions; purchasing lottery tickets, casino gaming chips, race track wagers, and similar offline and online betting transactions; person-to-person money transfers and account-funding transactions that transfer currency; and making a payment using a third-party service including bill payment transactions not made directly with the merchant or their service provider.
• Any activities prohibited by the Partner prohibited activities list , which must be at least as inclusive as the Rain Prohibited activities list .

You will use all reasonable means to protect your Nexaflex Cards and log-in credentials to the Nexaflex Account from unauthorized use. You will not allow any other person or third party to use the Services or the Nexaflex Card on your behalf. You will immediately notify us where you know or suspect that access to your Nexaflex Account has been compromised or your Nexaflex Card has been lost, stolen, or compromised in any way.

Card Requests & Replacements

• We or the Issuer may decide not to grant requests for Nexaflex Cards or limit the number of physical or virtual Nexaflex Cards provided to you.
• You are responsible for securing Nexaflex Cards, account numbers, and Nexaflex Card security features.
• You will promptly notify us and take appropriate measures to prevent unauthorized transactions when a Nexaflex Card is lost, stolen, breached, or needs to be replaced. In such cases, you may request the issuance of replacement Nexaflex Cards through your Nexaflex Account.
• Replacement Cards may have new account numbers that could require you to update the Nexaflex Card on file for any scheduled or recurring payments. You are solely responsible for updating Nexaflex Card information stored with merchants where account numbers have been changed.

Permitted and Unauthorized Use

• You may only use Nexaflex Cards for bona fide business-related Charges and transactions, and not for personal, family, or household purposes.
• You understand that your Nexaflex Account is commercial in nature and that certain consumer protection laws, such as the Credit Card Consumer Accountability, Responsibility, and Disclosure Act of 2009, do not apply to your Nexaflex Account or the Nexaflex Cards. You agree that all Charges and other transactions in your account will be treated as business transactions made solely for business purposes.
• You agree to establish and maintain controls designed to ensure that the Nexaflex Cards are only used by you and your permitted authorized users for bona fide business purposes and in compliance with these Card Terms, any Issuer terms, and applicable law. You are responsible for Charges and transactions made by any person given access to Nexaflex Cards even if they are not the person associated with or named on the Nexaflex Card.
• Nexaflex, Issuers, Card Networks, or other intermediary third-party service providers (including merchant acquirers) may deny or reverse Charges for any reason. Issuer is not responsible for any losses, damages, or harm caused by any Charges that are denied or reversed.

Periodic Statements

• You are responsible for payment in full of all Charges and Fees. Your Nexaflex Account may include Periodic Statements identifying Charges, Fees, refunds, the amount of your Collateral, any other Card transactions, or other amounts owed or credited to your Nexaflex Account.
• Periodic Statements may be made accessible to you on your Nexaflex Account daily, monthly, or as otherwise prescribed by Issuer.
• You must notify us promptly if you believe that there are any errors on your Periodic Statement, and submit any disputes or Chargebacks in accordance with these Card Terms.
• We are not obligated to send you a monthly statement if we deem your Account to be uncollectible or applicable law does not require us to send you a monthly statement for other reasons. Your failure to get a statement will have no bearing on your obligations and Nexaflex and Issuer may still liquidate your collateral per Section 3 of this agreement.

Lost or Stolen Cards & Unauthorized Use

• If your Card is lost or stolen or if you think someone may be using your Card or Account without your permission, you must notify us promptly by emailing us at [Partner Support Email Address] or calling us at [Partner Phone Number].
• You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before receipt of your notice by us.
• You have an obligation to assist us in our investigation if your Nexaflex Card is lost or stolen or you believe someone is using your Nexaflex Card or your Nexaflex Account without your permission.

Chargebacks

• You are responsible for reviewing your Periodic Statements promptly and identifying any Charges that you believe are unauthorized or that you dispute.
• If you and a merchant have a dispute regarding a Charge identified on your Periodic Statement, such as delivery of incorrect goods or services or being charged the wrong amount, you should first attempt to resolve the dispute with the merchant.
• If the dispute is not resolved to your satisfaction or if you believe the Charge is unauthorized, you may initiate a Chargeback through your Nexaflex Account.
• You must report any disputed Charge or error no more than 60 days after the date the Periodic Statement on which the Charge appears is made available to you.

Promise to Pay & Repayments

• While you will generally repay Nexaflex for amounts transacted with your Card, you also promise to pay Issuer or its assignees for all amounts charged to the Account not repaid by Partner, including all purchases, interest, and charges charged to your Account.
• You are obligated to repay Nexaflex or its assignees, for all transactions made using your Card by people you have authorized to use the Card even if their use of the Card exceeds the authorization which you gave them.
• Any failure to pay the full amount owed to Nexaflex or the Issuer, as applicable, when required is a breach of these Card Terms.
• You are responsible for all costs or expenses that we may incur in collecting amounts owed but not timely paid, including legal or collections fees and any interest at the maximum rate permitted under law.
• Balances in your linked wallet may be used as a source of funds for repayment for any spending on your Card, and you expressly authorize the use of your linked wallet for repayment any time you use your card for purchases, subject to the liquidation provisions discussed in Section 3 of this agreement and elsewhere in these Terms.

Prepayment

• At any time and where applicable, you may pay all or any part of your outstanding Account balance, without penalty.
• Payment of more than the payment due in one billing cycle will not relieve you of the obligation to pay the entire payment due in subsequent billing cycles.

General Fees

• Subject to applicable law you agree to pay the following fees: We will disclose any Fees to you when you are approved for a Nexaflex Card through your Nexaflex Account, by updating these Card Terms, or through our website. We may update, add, or change Fees upon 30 days' notice to you.
• Fees we assess may include interest or other finance related charges, periodic fees, fees for Card issuance or replacement, fees applicable to certain transactions, foreign transaction fees, usage fees, service fees, cash advance fees, fees for late payments, fees for failed payments or returned payments, fees for misuse of the Services, fees for Liquidation Events, or other fees we disclose to you. You are responsible for Fees in addition to Charges.