Terms of Service

Thank you for joining the Chance revolution! We are excited to have to aboard!

Before we get started, please carefully review the following rules that govern your use of our Site and read our Privacy Policy regarding the information that you provide to us in connection with our products and services. Below is an explanation of the things you should know about using Chance Financial Services, a service provided by Chance Finance, Inc. (“Chance,” “we,” “us,” or “our”). We’ve tried to make it as clear and straightforward as possible, because that’s how we’d want to be treated. These terms and conditions were last updated on January 24, 2018, to make things easier for you to understand. If you find anything confusing, please let us know at: support@chancetheapp.com.

These Terms and Conditions of Use (“Terms of Use” or “Terms”) apply to the World Wide Website owned, operated, licensed, and controlled by Chance Finance, Inc., including its related, affiliated, or subsidiary companies located at, or linked to, the Web site www.chancetheapp.com (collectively, the “Site”). This Site is the property of Chance Finance, Inc. By using this Site, you agree to these Terms of Use; if you do not agree, please do not use this Site or the Application (as defined below).

Chance reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsible to check these Terms periodically for changes. Your continued use of the Site following posting of changes will mean that you accept, and agree to, these changes. So long as you comply with these Terms of Use, Chance grants you a personal, non-exclusive, non-transferable, limited privilege to enter and to use this Site and Application as described below.

ACCEPTANCE OF TERMS AND CONDITIONS

By signing up for Chance, using the Chance application, or visiting the Chance website (www.chancetheapp.com), you understand and agree to the things we’ve explained in this document. You’re also agreeing to our Privacy Policy (www.chancetheapp.com/privacy). If you don’t accept the terms and conditions contained in this document (the “Agreement”), we aren’t able to let you use Chance, and simply ask that you delete the app from your phone.

ARBITRATION

We also need to ask that you please read these Terms carefully, including the sections labeled “Arbitration”, “Arbitration Restrictions” and “Exceptions to Informal Negotiations and Arbitration”. These sections limit Chance’s liability to you, and require individual arbitration for legal disputes between you and Chance. If you have questions about these sections, or any part of this Agreement, please contact us at: support@chancetheapp.com. We’re happy to be of assistance!

BASIC REQUIREMENTS

Here are some basic requirements for using Chance. First, you must be 18 years or older. Second, you must have an account in your name, at a United States-based bank or credit union that issues you a debit card (some types of prepaid debit cards also work). Third, you must have a current source of income that you regularly deposit into this account. Finally, you must have a smartphone with a data plan and location services (GPS). You can read more about how we use data from your smartphone in our Privacy policy (www.chancetheapp.com/privacy). Signing up for Chance does not require a check of your credit score.

CHANCE’S PERSONAL FINANCIAL MANAGEMENT SERVICES

Chance seeks to help you build a budget that helps you plan for upcoming bills and meet savings goals. The app provides a visual representation of your funds that splits those funds into three virtual accounts: one for bills; one for savings; and one for spending. Chance will visually reallocate funds among your virtual accounts over time, as you pay bills and as you deposit funds into your checking account. Please note that Chance transfers funds to or from your checking account only in the case that you have subscribed to the “Balance Protection” or “Auto-Save” Services; in all other cases, Chance simply provides a visualization tool that enables you to better manage your finances and save funds for later use. This financial management services are Chance’s “Personal Financial Management Services.”

ACCOUNT INFORMATION FROM THIRD-PARTY SITES

To provide the Personal Financial Management Services, Chance connects to your bank or credit union account.. When you sign up for Chance, we ask you to sign into your bank or credit union account. When you sign up for Chance, you agree to grant Chance access to your account transaction history. We use your transaction history to determine your income and expenses. By agreeing to use Chance, you are also agreeing that you are responsible for keeping your passwords for your bank or credit union secure, and for keeping those passwords up to date in the Chance app. We work with some third-party companies, such as services providers, to access your account transaction history. Chance does not review your account transaction history for accuracy, legality or non-infringement, and Chance is not responsible for your account transaction history. You can read more about who we work with in our Privacy Policy (www.chancetheapp.com/privacy).

CHANCE SUBSCRIPTION FEE

When you sign up for a Personal Financial Management Service, you agree to pay the regular fee for a subscription of the Personal Financial Management Services (the “SUBSCRIPTION SERVICE Fee”). For as long as you are subscribed to any of the Personal Financial Management Services, we will debit your account for the regular SUBSCRIPTION SERVICE Fee. We will debit your account $1 for each SUBSCRIPTION SERVICE that you are subscribed to at the beginning of your subscription and on each month thereafter unless and until you cancel. We will automatically charge you for the SUBSCRIPTION SERVICE Fee each month on the 30th calendar day following the commencement of your membership.

YOUR AUTHORIZATION FOR ACH DEBITS

You agree to pay Chance the SUBSCRIPTION SERVICE Fee or any remainder of the SUBSCRIPTION SERVICE Fees as applicable. Specifically, by signing up for the Personal Financial Management Services and agreeing to these Terms, you authorize Chance to electronically debit your designated deposit account at your designated depository financial institution (your “Bank Account”) (and if necessary, electronically credit your Bank Account to correct erroneous debits) for the monthly SUBSCRIPTION SERVICE Fee via ACH. If Chance is unsuccessful in debiting your Bank Account for the SUBSCRIPTION SERVICE Fee and this default is not cured within ten business days, your access to the Personal Financial Management Services will be suspended. You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Chance that you wish to revoke this authorization by calling (000) 000-0000 or e-mailing us at: support@chancetheapp.com. You must notify Chance at least three (3) business days before the scheduled debit date of any ACH transaction from your Bank Account in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your Chance account. Failure to provide correct and complete information may make it impossible for Chance to stop withdrawal of the preauthorized ACH transaction. You agree to indemnify and hold harmless Chance from and against any loss incurred as a result of its withdrawal of a preauthorized ACH transaction from your Bank Account if any of the information relied upon in the stop payment order is incorrect or incomplete or as a result of its failure to withdraw a preauthorized ACH transaction for which a valid stop payment order is in effect. If you have followed the instructions in this section to notify Chance of your desire to revoke ACH authorization at least three (3) business days before the scheduled debit date, Chance will be liable for your losses or damages directly caused by our failure to stop any preauthorized ACH transaction. 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 debit transaction. However, we assume no responsibility for our failure to do so. In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.

PARTNER TERMS OF SERVICE DISCLOSURES

In order to use the payment functionality of the Chance application, you must open a "Access API" account provided by Dwolla, Inc. ("Dwolla") and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize Chance to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through the Chance application, and Dwolla account notifications will be sent by Chance, not Dwolla. Chance will provide customer support for your Dwolla account activity, and can be reached at www.Chancetheapp.com or support@chancetheapp.com .

BORROWING SERVICE

Chance offers various tools and functions through the Services (the "Services"), that can assess the value of virtual assets such as accrued pay and benefits, rewards programs etc. (collectively, the "Virtual Assets") to allow you to: a) view the value of your Virtual Assets; or b) use the value for monetary transactions, by assigning to Chance, all rights, title and interest in those Virtual Assets ("Activating"). We may limit the total number of Virtual Assets that you can Activate at any given time or over a period of time. We may refuse to permit Activations if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Services. If you fail to maintain a balance in your bank account that is sufficient to fund any payment that is due to us, Chance may refuse to make any subsequent payment for Virtual Assets Activated by you for as long as we determine to be necessary or appropriate in our sole discretion.

FEES

There are no fees to use the Borrowing Service. You may make voluntary additional payments in appreciation of the services rendered. On any borrowing features such as Chance Advances, Chance Finance, Inc. has optional fees to expedite the disbursement of funds. Users may also make 100% voluntary additional payments referred to as ‘Tips’ or ‘Donations’ in appreciation of the services provided. In no way does a ‘Tip’ or ‘Donation’ alter the service or interfere with a customer’s ability to access ‘Virtual Assets’. These voluntary additional payments help fund Chance.

REFUNDS

You agree and understand that tips and fees are non-refundable.

YOUR USE OF THE SERVICES

Your right to access and use the Sites and use the Services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Sites and Services for lawful purposes. When your Virtual Assets have been Activated, for valuable consideration, you sell and transfer to Chance, all right, title and interest in and to those Virtual Assets. You warrant that the Virtual Assets are just and due and that you have not received payment for the Virtual Assets or any part of the Virtual Assets. You further warrant that if you receive payment for the assigned Virtual Asset, including by your employer, you will transfer those payments, or permit those payments to be transferred to Chance. By Activating Virtual Assets, you authorize us to initiate debit and credit entries to your bank account, or if you link a debit card to your account, you authorize us to charge your debit card, for all payments due to us. You agree to maintain a balance that is sufficient to fund all payments you initiate. Chance reserves the right to charge your bank account at any time on or after the day the paycheck associated with Virtual Assets you have Activated is expected to deposit into your account; however, Chance will attempt to avoid charging your bank account if we believe your bank account does not contain sufficient funds to cover the value of the Virtual Assets you have Activated in the pay period. Our failure to charge your bank account for Activated Virtual Assets within a set amount of time does not constitute a waiver of our right to charge your account for such funds. You represent and warrant that you have the right to authorize us to charge your account for payments due to us under these Terms. You will indemnify and hold Chance harmless from any claims by any other owner of the account. If we are unable to access funds from your bank account to complete a payment that is owed to Chance, you agree that: ● you will reimburse Chance immediately, upon demand, the transaction amount to the extent that it was not collected by Chance, as long as you have funds associated with Activated Virtual Assets in your bank account; ● you will reimburse Chance for any fees imposed on us as a result of the failed transaction; and ● you will reimburse Chance for any fees we incur in attempting to collect the amount of the failed transaction from you. Chance’s authorization to initiate debit and credit entries to your bank account shall remain in full force and effect until you revoke your authorization. If you wish to revoke your authorization, you may do so immediately by contacting support@chancetheapp.com at least two (2) business days before the day the transaction is scheduled and stop using the Sites and the Services. Please note that your revocation of authorization when transactions are pending could result in delays to your receipt of funds and/or additional charges owed by you to Chance. You further understand, acknowledge, and agree that you are responsible for any costs or damages related to the timing of any authorization revocation. In the event that you revoke Chance’s authorization to debit your account, you may pay by check to settle all payments due to us and maintain access to the Services. To pay by check, make payments to us in U.S. dollars with a single check drawn on a U.S. bank; or a single negotiable instrument clearable through the U.S. banking system, for example a money order. When making a payment by check: • mail your payment to this address: 9701 Wilshire Blvd. Suite 1000, Beverly Hills, CA. 90212 and • write your telephone number or email address associated with your Account on your check or negotiable instrument. You cannot make payments in cash. If your payment meets the requirements of this section, we will credit it to your Account as of the day we receive it, as long as we receive it by the time your payment is due. If we receive it after that time, we will credit the payment on the day after we receive it. If your payment does not meet the requirements of this section, there may be a delay in crediting your Account. This may result in a temporary freeze of service until the payment has cleared. You understand and agree that Chance is not responsible for any overdraft fees, over-the- limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that may result from your failure to maintain a balance or available credit in the bank account that is sufficient to fund all payments you initiate. Accurate records enable us to provide the Sites and Services to you. You must provide true, accurate, current, and complete information about your accounts maintained at Third-Party Sites (“Account Information”), and you may not misrepresent any Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services. In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include, among other things, asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services. Your access and use of the Sites or Services may be interrupted from time-to-time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that Chance, in its sole discretion, may elect to take. You agree that in no event will Chance be liable to you or to any party for any loss, cost, or damage that results from any period of downtime of the Sites or Services.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Sites and Services, you represent and warrant to Chance that you will not use the Sites or Services for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not: ● Assign or attempt to assign Virtual Assets that you do not have the complete right, title and interest in or that have already been assigned elsewhere; ● Use the Sites or Services in any manner that could damage, disable, overburden, or impair the Sites or Services; ● Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Services; ● Access the Sites by any means other than through the interface that is provided by Chance for use in accessing the Sites; ● Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or Services; or ● Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service. If Chance, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect Chance, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following: ● we may close, suspend, or limit your access to your account or ability to use the Sites or Services; ● we may update inaccurate information you provided us; ● we may refuse to allow you to use the Sites or Services in the future; ● we may take legal action against you; however, Chance will not engage in collection efforts to collect payments due to us, including but not limited to (a) attempting collection from assets other than your bank account; (b) seeking to offset your debt from assets other than your bank account; or (c) selling your debt to a debt collector. Further, Chance will not report your repayment history to a credit bureau; and ● we may hold you liable to Chance for the amount of Chance's damages caused by your violation of these Terms of Service. Chance, in its sole discretion, reserves the right to terminate these Terms of Service, access to its Sites, or access to the Services for any reason and at any time with or without notice to you.

CANCELLING YOUR CHANCE ACCOUNT

You can cancel your subscription to the Personal Financial Management Services at any time by emailing Chance at support@chancetheapp.com. Upon cancellation, you will not be responsible for any additional SUBSCRIPTION SERVICE Fees.

CANCELLATION BY CHANCE

Just like you have the right to cancel, we have the right to cancel your use of the Personal Financial Management Services. We may terminate this Agreement or suspend or terminate your use of the application for any reason at any time upon notice to you. For example, this can happen if we find out you are using the Personal Financial Management Services in a way that violates this Agreement. In the event of cancellation, Chance may suspend or close your Chance account. We will inform of our decision via in-app notification, and you can always talk to our support team if you have questions. You agree that Chance will not be liable to you or any third-party for any termination of your access to the Personal Financial Management Services. Ok, that’s all we have to say about getting started with Chance. We also have to say a few things that guide your use of Chance and protect Chance – so a lot of the rest of this is more about us than you. It also, unfortunately, contains more legal language. So, if you have questions about these sections, you can always email us directly at: support@chancetheapp.com.

YOUR USE OF CHANCE CONTENT

To start, we need to define a couple of words we will use in this part of the Agreement – the term “Services” includes the websites, Services, features, content or applications offered by Chance Finance, Inc. as part of the Personal Financial Management Services, and “Content” includes any information, data, text, images, content, materials, software, and features generated, provided or otherwise made accessible on or through the Services. Subject to the terms of this Agreement, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You may not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party’s rights. We reserve the right (but do not have any obligation) to remove or block any Content from the Services or to remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this Agreement), or for no reason at all.

CHANCE RULES OF CONDUCT

To protect Chance, we need to define some rules that govern how you can use the Services and Content. As part of these rules, You promise not to: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies. You also promise not to (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive under this Agreement. You promise to abide by all applicable local, state, national and international laws and regulations. As a condition of use, you promise not to use the Services for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Services. You must not (and must not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services that: 1. is unlawful, fraudulent or deceptive; 2. you know is false, misleading, untruthful or inaccurate; 3. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; 4. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; 5. impersonates any person or entity, including any of our employees or representatives; or 6. includes anyone’s identification documents or sensitive financial information, except as explicitly permitted under this Agreement. ● assign or attempt to assign Virtual Assets that you do not have the complete right, title and interest in or that have already been assigned elsewhere; ● use the Sites or Services in any manner that could damage, disable, overburden, or impair the Sites or Services; ● obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Services; ● access the Sites by any means other than through the interface that is provided by Chance for use in accessing the Sites; ● use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or Services; or ● attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service. If Chance, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect Chance, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following: ● Closing, suspending, or limiting your access to your account or ability to use the Sites or Services; ● Updating any inaccurate information you provided us; ● Refusing to allow you to use the Sites or Services in the future; ● Legal action against you; provided, however, Chance will not engage in collection efforts to collect payments due to us, including but not limited to (a) attempting collection from assets other than your bank account; (b) seeking to offset your debt from assets other than your bank account; or (c) selling your debt to a debt collector. Further, Chance will not report your repayment history to a credit bureau; and ● we may hold you liable to Chance for the amount of Chance's damages caused by your violation of these Terms of Service. Chance, in its sole discretion, reserves the right to terminate these Terms of Service, access to its Sites, or access to the Services for any reason and at any time with or without prior notice to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users or the public.

DISCLOSURE AND CONSENT TO ELECTRONIC COMMUNICATIONS

By accepting these Terms, you understand and agree that you are entering into this Agreement electronically and that certain categories of information (“Communications”) may be provided by Chance to you by electronic means (i.e., via email, through in-app notification, or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include: ● (a) this Agreement, Chance’s Privacy Policy, and any other policies you agree to, and any amendments, modifications, or supplements to these agreements or policies. ● (b) disclosures or notices provided in connection with the Services, including any required by applicable law. ● (c) any customer services communications, including communications with respect to claims of error or unauthorized use of the Services; and ● (d) any other communication related to the Services. Although Chance reserves the right to provide Communications in paper format at any time, you agree that Chance is under no obligation to do so. All Communications in either electronic or paper format will be considered “in-writing.”' You should print a paper copy of this Agreement and any Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Services. Timing of Communications. Any Communications will be deemed to have been received by you no later than 5 business days after Chance sends it to you by email or in-app notification, whether or not you have received the email or retrieved the Communication from the app. An electronic Communication by email or in-app notification is considered to be sent at the time that it is directed by Chance’s server to your email address or in-app inbox. You agree that these are reasonable procedures for sending and receiving electronic Communications. Updated Contact Information. You agree to promptly update your Chance account information if your email address changes so that Chance may contact you electronically. You understand and agree that if Chance sends you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your services provider, or you are otherwise unable to receive electronic Communications, Chance will be deemed to have provided the Communication to you. System Specifications. In order to access, view, and retain electronic Communications that Chance makes available to you, you must have access to the following hardware and software requirements: 1. An Android or iOS mobile device (such as tablet or smart phone) with a data plan; 2. A connection to the Internet; 3. A Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher. “Current Version” means a version of the software that is currently being supported by its publisher; and 4. A printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. Consent to Short Message Services (SMS) Communications. As part of your consent to electronic Communications, you agree to receive SMS messages to each telephone number provided by you to Chance regarding the Services. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. Your consent is required to allow Chance to contact you and to use the Services. As always, you agree that you are responsible for any message, data rates or fees that your telephone services provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier. Requesting Paper Documents. You have a right to receive Communications in paper form. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you. Chance will provide paper copies free of charge. Requests to receive any paper copy may be made by mailing a written request to: Chance Finance, Inc. 1904 Franklin St. 900, CA 94612 You may also email your request to support@chancetheapp.com. We will provide a replacement Communication within fifteen (15) Business Days. For us to send you a paper copy of a Communication, you must have a current street address on file in your Chance account. Withdrawal of Consent to Electronic Communications. If you have registered an account with Chance and you wish to withdraw your consent to have Communications provided electronically, you must stop using the Services and deregister your Account by emailing Chance at support@chancetheapp.com or submitting a written request to: Chance Finance, Inc. 1904 Franklin St. 900, CA 94612 Chance reserves the right to terminate your Chance account if you withdraw consent to future electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after Chance has a reasonable period of time to process your withdrawal, which period of time shall be no longer than fifteen (15) days, or such other time as is appropriate under the circumstances, as determined by Chance in its sole discretion. Withdrawal of Consent to SMS Communications. If you have registered an account with Chance and you wish only to withdraw your consent to have Communications provided via SMS, you may opt-out of receiving SMS from us at any time by texting the word 'STOP' to (510) 852-9149. You may also reply 'STOP' to any message you receive from us.' Upon receipt of your 'STOP' message, we will send you a SMS message to confirm that you have been unsubscribed. At that point, you will no longer receive any further SMS messages from Chance. If you need any assistance, you can always text the word 'HELP' to (510) 852-9149 or reply “HELP” to any message you receive from us. Upon receipt of your “HELP message, we will respond with “STOP” instructions and a link to these Terms. Reservation of Rights. Chance reserves the right, in its sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which Chance provides electronic Communications. Chance will provide you with notice of any such termination or change as required by law.

WARRANTY DISCLAIMER

You release us from all liability for your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

NOT A FINANCIAL PLANNER OR ADVISER

Neither Chance nor the Personal Financial Management Services are intended to provide legal or financial advice. Chance is not a financial planner or adviser (investment, counselor, or other professional adviser). Personal Financial Management Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information obtained through or suggested by the Personal Financial Management Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. INDEMNIFICATION, LIMITATION OF LIABILITY, TERMINATION You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your misuse of, or access to, the Services or Content, violation of these Terms, or infringement by you (or any third party using your Chance account or identity in the Services) of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will assist and cooperate with us in asserting any available defenses. IN NO CIRCUMSTANCESHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE OF) $500.00.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of law rules. You agree that any dispute arising from, or relating to, the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state courts in Alameda County, California, or federal court for the Southern District of California.

ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Except as explicitly provided in this Agreement, any dispute or claim (whether or not such dispute or claim involves a third party), relating in any way to your use of the Services, Content, a product offered or provided by or through the Services, or otherwise arising out of or relating to this Agreement, the Services or the Content that cannot be resolved directly between you and Chance shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the “Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration will take place in Alameda County, California unless the parties otherwise agree in writing. The arbitration will be conducted by a single arbitrator. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator. If such costs are determined by the arbitrator to be excessive, Chance will pay all arbitration fees and expenses. The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Chance each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these Terms. We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Chance and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our “Affiliates”). Except as explicitly provided in elsewhere in this Agreement, all claims you bring against Chance must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section may be considered improperly filed. Should you file a claim contrary to this Section, Chance may recover from you attorneys' fees and costs up to $1,500 per claim, provided that Chance first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.

ARBITRATION RESTRICTIONS

You and Chance agree that any arbitration shall be limited to the dispute between Chance and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class- action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. These arbitration provisions will survive the termination of your relationship with us.

EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION

You and Chance agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Chance’s intellectual property rights; and (2) any claim for injunctive relief.

MISCELLANEOUS ITEMS

These Terms represent the entire agreement between you and Chance with respect to the Personal Financial Management Services. They supersede any other communications you have with us regarding the Personal Financial Management Services, such as by email or phone. If any part of these Terms is found to be unenforceable or invalid, only that part will be removed or limited as needed, but the rest of these Terms will stay intact. No agency, partnership, joint venture, or employment relationship is created under this Agreement, and neither you nor Chance has any authority to bind the other in any way. The paragraph headings in these Terms are for convenience only and do not affect any provision’s meaning or interpretation. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Additionally, since Chance is an application for iPhone, Apple, Inc. (“Apple”) requires that we post something they call their “Device and Application Terms”. The most important thing to know is that this Agreement is an agreement between you and Chance, not between you and Apple, and Apple is not responsible for the Services or any application related to them, whether accessed on a device provided by Apple or obtained through the Apple App Store (which application, in either case, will be referenced below as an “Application”). In addition: 1. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; 2. You will only use the Application in connection with an Apple device that you own or control; 3. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support Services with respect to the Application; 4. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; 5. You acknowledge and agree that Chance Finance, Inc., and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; 6. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Chance Finance, Inc., and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; 7. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; 8. Both you and Chance Finance, Inc. acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and 9. Both you and Chance Finance, Inc. acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. This Agreement is specific to the relationship between you and Chance, so you cannot transfer any part of the Agreement between you and Chance to anyone else, or assign any part of your relationship with Chance to another person or organization. If, at some point, we fail to enforce any part of these Terms, that does not mean we waive our rights to enforce this Agreement in the future. If we decide to make a special exception and waive your obligation to follow any part of these Terms, we will notify you in writing. Finally – sometimes we may need to change these Terms. As an example, we might need to make changes if we add a new feature to Chance. We will notify you by changing the revision date at the top of this page, and in some cases we will notify you directly, by email or by in-app notification. Your continued use of the Personal Financial Management Services after a modification signifies your agreement to the modification. We encourage you to frequently review these Terms to ensure that you understand the terms and conditions that apply to your use of the Personal Financial Management Services. We will always be happy to answer any questions about these changes, and you can get in touch at: support@chancetheapp.com.