PLEASE READ THIS DOCUMENT CAREFULLY
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A. OUR AGREEMENT‍
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1. The Savings Account
This agreement contains the Savings Account Agreement (the “Agreement”) for the optional savings account (“Kudzu™ Savings Account” or “Savings Account”) made available to eligible consumers by The Bancorp Bank, N.A., Member FDIC (“Bank”). Kudzu Money, LLC is the program partner (“Program Manager”) responsible for managing certain aspects of the Savings Account and its related Kudzu demand deposit account (“Spending Account”). “We”, “our”, and “us” refer to the Bank, our successors, affiliates, or assignees, and to the extent applicable, the Program Manager. “You”, “your” refer to the owner of the Savings Account.

The Savings Account is an optional interest-bearing savings account, available to holders of a Bank Account. You may submit a request to open a Savings Account through the Kudzu Mobile Application (the “Mobile App”) or through https://account.kudzumoney.com (the “Website”). The Savings Account is not designed for business use, and we may close the Savings Account if we determine it is being used for business purposes. We may refuse to process any transaction(s) we believe may violate the terms of this Agreement. This Agreement and the deposit relationship do not create a fiduciary relationship.

‍2. Customer Care
For assistance or additional information regarding the Account, please contact “Customer Care” at the “Address,” “Phone Number,” or “Website” below:

www.kudzumoney.com

Kudzu
P.O Box 2489, Carrollton, GA 30112

1-855-751-0025 (if calling from outside the U.S., please call 1-470-729-0068)

Customer Care agents are available to answer your calls:
24 hours a day, 7 days a week

Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise. From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

B. GENERAL RULES GOVERNING SAVINGS ACCOUNTS‍
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The Savings Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Savings Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of South Dakota except to the extent governed by federal law.

1. Eligibility
The Savings Account is available only to citizens and permanent residents of the fifty (50) United States (“U.S.”) and the District of Columbia who are at least 18 years of age with a valid Social Security Number who are holders of a Bank Account. You must agree to accept electronic, rather than paper statements. This means (i) you must keep us supplied with your valid email address and (ii) you must agree to accept electronic delivery of all account communications (like end-of-year tax forms and monthly statements). To open a Savings Account, your Spending Account must be open and active. We may use information from third parties to help us determine if we should open the Savings Account.

2. Savings Account Titling and Ownership
A Savings Account may only be owned and titled in the name of one (1) person who shall solely retain the right to direct the deposit or transfer of funds. The Savings Account cannot be owned or titled jointly, by an organization, as Payable on Death (“POD”) or “In Trust For” (“ITF”).

3. Death or Incapacitation
You or your appointed party, designee, or appointed individual agree to notify us promptly if you become legally incapacitated, are deemed incompetent, or die. We will continue to accept deposits and process transaction instructions into and from the Savings Account until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death, we may pay or process transactions involving the Savings Account on or before the date of death for up to ten (10) days after that date unless ordered to stop by someone claiming interest in the Savings Account. We may require additional documentation to confirm any claims made on the Savings Account.

4. Privacy Policy
Our privacy policy is available at https://www.kudzumoney.com/policies/bancorp-privacy and is considered part of this Agreement.

5. Deposits to the Savings Account
Deposits to the Savings Account may only be made by making one-time Online Transfers from your Spending Account by using the Mobile App or Website.

6. Withdrawals from your Savings Account
You may withdraw funds from the Savings Account by transferring funds to your Spending Account using the Mobile App or Website (these transfers are referred to as “Online Transfers”) or by calling a Customer Care agent.

Federal regulations may limit the number of transfers from the Savings Account (generally up to six (6) per statement cycle). Any transfers initiated from the Savings Account to the Spending Account above the limit may be blocked until the start of the next statement cycle. At the beginning of the next statement cycle, access to transfers will be restored. We reserve the right to require seven (7) days written notice before you withdraw money from your Savings Account.

7. Preauthorized Transfers
The account number of the Savings Account cannot be used for preauthorized direct debits (“ACH Debits”) from merchants, Internet service or other utility service providers (“Merchants”) or for the purpose of initiating direct deposits to the Savings Account. If presented for payment, ACH Debits and direct deposits will be declined and payment/deposits to or from the Merchant or deposit provider will be returned.

8. Right to Set Off
We have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. This means that if the balance of your Spending Account should become negative and then remain negative for fifteen (15) days, the funds, if any, in your Savings Account may be used to repay the negative balance. Further, you grant us a lien on and security interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to us, now or in the future. We will notify you by email if we have exercised our right to set off.

9. Statements
Electronic statements are available to view and download in the Mobile App or on the Website. Savings Account statements are considered to be correct. Carefully review your statement each statement cycle and notify us of any errors within sixty (60) days of your statement becoming available. You also have a right to obtain a sixty (60) day history of your Savings Account transactions by contacting Customer Care. You will not automatically receive paper statements.

10. Statements
We may disclose information to third parties about your Savings Account or the transactions you make:
1. Where it is necessary for completing transactions;
2. In order to verify the existence and condition of your Savings Account for a third party;
3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;
4. If you consent by giving us your written permission;
5. To our employees, auditors, affiliates, service providers, or attorneys as needed; or
6. Otherwise as necessary to fulfill our obligations under this Agreement.

11. Our Liability for Failure to Complete Transactions
If we do not properly complete a transaction between your Savings Account and Spending Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
1. If through no fault of ours, you do not have enough funds available in your Savings Account to complete the Online Transfer;
2. If access to your Savings Account or Spending Account has been blocked after you reported your Spending Account number lost or stolen;
3. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
4. If we have reason to believe the requested transaction is unauthorized;
5. If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
6. Any other exception stated in our Agreement with you.

12. Information About Your Right to Dispute Errors
If you believe your Savings Account number has been lost, stolen, or compromised in any way, or someone has transferred or may transfer money from your Savings Account without your permission, contact us immediately by calling, writing, or emailing Customer Care. While the nature and frequency of transactions into and out of your Savings Account are described in this Savings Account Agreement, please see the Spending Account Agreement where your liability for unauthorized transfers from the Spending Account is explained.

13. Backup Withholding
Federal law requires us to have a correct Social Security Number (SSN) on every account, and the Internal Revenue Service (IRS) requires you to certify to us whether you are subject to backup withholding. If (i) you are subject to backup withholding, (ii) you do not furnish us with the correct SSN, (iii) you do not properly certify that you are not subject to backup withholding, or (iv) if the IRS notifies us that we do not have a correct SSN for your Savings Account or Spending Account, we will close the Account. Amounts withheld are reported to the IRS as federal income tax withheld and will be reflected on your year-end 1099-INT Interest Income Statement.

C. TRUTH IN SAVINGS DISCLOSURES‍
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1. Opening Deposit and Balance Requirements
There is no minimum deposit requirement to open a Savings Account. While there are no minimum balance requirements, a Savings Account with a zero balance for 270 continuous days may be subject to closure.

2. Transaction Limitations
Deposits to the Savings Account may only be made by making one-time Online Transfers from your Spending Account by using the Mobile App or Website. These are the Online Transfer limits:

Withdrawals may only be made by making Online Transfers or by calling Customer Care.

3. Rate Information
The current interest rate and Annual Percentage Yield (“APY”) for Savings Account is posted at https://www.kudzumoney.com/policies/savings-rate-information. This is a variable rate account. We may, at our discretion, change the interest rate and APY for the Savings Account at any time. Interest begins to accrue no later than the business day the deposit is applied to the Savings Account. Interest will be compounded on a daily basis and credited monthly.

4. Balance Information
We use the daily balance method to calculate the interest on your Savings Account. This method applies a daily periodic rate to the principal and interest that has been accrued to the account each day. The daily periodic rate is calculated by dividing the interest rate by three hundred sixty-five (365) days, or three hundred sixty-six (366) in leap years. There are no minimum or maximum balance restrictions on the Savings Account.

5. Funds Availability
All Online Transfers are completed electronically. You will have immediate availability to your funds once they are transferred from your Savings Account to your Spending Account.

D. ADDITIONAL DISCLOSURES‍
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1. Telephone Monitoring/Recording
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our member service team or as required by applicable law.

2. Legal Processes Affecting Savings Accounts
If legal action such as a garnishment, levy or other state or federal legal process (“Legal Process”) is brought against your Savings Account or Spending Account, we may refuse to permit (or may limit) withdrawals or transfers until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, we have first claim to any and all funds in your Account(s). We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, even if any funds we may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Prior to making any funds payout required by Legal Process, we may first satisfy any fees, charges or other debts owed to us under this Agreement by charging these expenses to your Account(s). If we incur any expense, including but not limited to administrative costs and reasonable attorney fees, in responding to Legal Process related to your Savings Account or Spending Account, we may charge such expenses to your Account without prior notice, to the extent permitted by applicable law.

3. Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on https://www.kudzumoney.com/policies/savings-account-agreement, and any such amendment shall be effective upon such posting to that Website. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Savings Account or this Agreement at any time. You may cancel this Agreement by calling Customer Care to close your Savings Account. Termination of the Savings Account or this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

If your Savings Account is cancelled, closed, or terminated for any reason, any remaining balance will be transferred to your Spending Account. You will not be eligible to apply for a new Savings Account until ninety (90) days after the date of closure. If your Savings Account is closed prior to the end of the statement cycle, any accrued interest earned for that statement cycle will be forfeited.

Important: If your Spending Account is closed for any reason; the Savings Account will automatically be closed. Upon closure, any remaining funds in the Savings Account, including any interest payments due to you, will be aggregated with the remaining funds in your Spending Account. The aggregated funds will then be made available for refund in accordance with the terms of the Spending Account Agreement where we describe the process of closing your Spending Account and refunding the account balance.

4. Account Inactivity
A Savings Account with a zero balance or no customer-initiated activity for 270 continuous days is considered inactive and is subject to closure. Customer-initiated activity includes any one-time or recurring Online Transfers.

5. Arbitration
This Agreement is governed by the same Arbitration Clause governing your Spending Account Agreement.