COBA CHIB USA, LLC

GENERAL TERMS OF SERVICE

Effective as of November 1, 2023 

These General Terms of Service are a legally binding agreement between you and Coba Chib USA, LLC (hereinafter referred to using any one or more of the terms “Coba,” “we,” “us,” or “our”). Coba provides a mobile phone application (the “Mobile App”) and web application (the “Web App”) to power your cash management account and provide certain services pursuant to these Terms of Service. By using Coba’s Mobile App, Web App, and/or signing an electronic signature card, initiating an Affiliate Transaction (as defined herein), opening a brokerage account that includes or is linked to a cash management program and funds in a bank account at a Program Bank (defined below) (such accounts together with any Coba account, your “Account”)[1] and/or utilizing cash management services through our Mobile App or Web App, you agree to these Terms of Service of Coba (the Terms of Service”), our Privacy Policy, all applicable laws and regulations, and agree that you are responsible for compliance with any and all applicable local laws which you may be subject to. We may update these Terms of Service and/or the Privacy Policy from time to time and it is your responsibility to check for updates on our Mobile App or Web app, which is where we post or make such updates available.

In addition to these Terms of Service, you acknowledge and agree that your use of certain services provided by our affiliated entities (the “Coba Affiliates”), including the Affiliate Transactions, may be subject to additional terms of service or other legal terms (collectively, the “Affiliate Terms”) as well as terms applicable to the Coba Affiliates’ financial partners, as applicable.  Without limiting the foregoing, your enrollment in credit card program offered by a Coba Affiliate will be subject to Affiliate Terms, which may include, among other provisions, terms regarding fees or charges assessed by the applicable Coba Affiliate.

You authorize and instruct us to provide your personally identifiable information, including Account numbers, routing numbers, transfer codes, identification documents and similar information to persons or entities from whom you have instructed us to collect or transmit payments to you or to your Account (such persons, “Payors”).  You authorize and instruct us to initiate credit transactions to your Account from Payors and to send confirmations or receipts on your behalf.  

Please read these Terms of Service carefully. They cover important information about services provided to you and any charges, taxes, and fees we bill you. These Terms of Service include information about future changes to these Terms of Service, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS OF SERVICE; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS OUR SERVICES OR THE SERVICES OF ANY COBA AFFILIATE OR PARTNER FINANCIAL INSTITUTION IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Coba is not a bank. 

We have contracted with certain service providers in order to provide services to you. One service provider is Synapse Financial Technologies, Inc. (“Synapse”), a technology service provider that owns or otherwise has relationships with (i) Synapse Brokerage LLC, an SEC-registered broker-dealer and member of FINRA and SIPC; (ii) Synapse Credit LLC, a state-licensed lender, NMLS 1971454; and (iii) certain banks and financial institutions and service providers (each such entity included in this clause (iii), a “Partner Financial Institution”). Brokerage services are provided by Synapse Brokerage LLC, an SEC-registered broker dealer and member of FINRA and SIPC. Loans are provided by Synapse Credit LLC, a licensed U.S. lender in designated States. Synapse Credit LLC and Synapse Brokerage LLC are affiliated entities and wholly-owned subsidiaries of Synapse Financial Technologies, Inc., a technology service provider that allows access to the brokerage and loan services, as applicable. Synapse Financial Technologies, Inc., Synapse Credit LLC, and Synapse Brokerage LLC are not banks. By participating in a Synapse cash management program, you acknowledge receipt of and accept Synapse’s Terms of Service, Privacy Policy, and the applicable disclosures and agreements available in Synapse’s Disclosure Library.

Synapse Brokerage LLC is a member of SIPC, which protects securities customers of its members up to $500,000 (including $250,000 for claims for cash). Funds maintained in the Synapse Brokerage LLC Cash Management Program are deposited into one or more banks (“Program Banks”) where the funds are eligible for FDIC insurance up to $250,000. See your Brokerage Account Agreement and the Synapse Terms of Service for further details. The Partner Financial Institution(s) participating in a Synapse cash management program can be found in the List of Program Banks.

By creating an account with us and initiating financial transactions (including Affiliate Transactions), you agree to the Brokerage Account Agreement and to Synapse’s Terms of Service and Privacy Policy, as well as the account agreements and disclosures, terms of service and privacy policy of Synapse’s Partner Financial Institution corresponding to the financial service and product(s) you select (collectively, “Synapse Terms”), each of which can be found in Synapse's Disclosure Library here and which are incorporated herein by reference. You appoint us as your agent to sign or otherwise indicate your receipt of, review of, and agreement to the Synapse Terms.  You appoint us as your agent to receive and process notices, statements, and disclosures from Program Banks on your behalf as your agent and to initiate transactions in accounts offered to you by the Program Banks.  You waive any and all claims and release us from any and all liability related to making choices on your behalf as to how we administer the documents, information, or accounts prepared or maintained for you by Program Banks.  

By creating an account with us, you acknowledge that Synapse may share your information as necessary with their affiliates, Partner Financial Institutions and other service providers in connection with providing their respective services. You also acknowledge and agree that we may share your information as necessary with the Coba Affiliates and their respective financial partners in connection with any Affiliate Transaction and the opening of accounts through the Coba Affiliates and their respective financial partners.  It is your responsibility to make sure that the information you provide to us or the Coba Affiliates is accurate and complete. Additionally, you are responsible for complying with Synapse Terms when using your Account. It is your responsibility to read and understand Synapse Terms as it contains terms and conditions relating to your Account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitration provisions. All financial transactions out of your Account are performed by Synapse’s Partner Financial Institutions, a list of which can be found in Synapse's Disclosure Library at: synapsefi.com/legal.  We will provide you with all access to all transaction notifications and Account balances in addition to providing customer support relating to your Account. The Partner Financial Institution(s) participating in a Synapse cash management program can be found in the List of Program Banks.  We will provide you with all access to all transaction notifications and account balances in addition to providing customer support relating to your account. You should refer to your account agreement for additional important information.

We operate a platform that provides customers (individually or collectively, “you” or “Customers”) with cash management services (e.g. bank transfers or accounts) through Synapse and the Partner Financial Institutions.  Coba also works with Coba Affiliates and/or their respective financial partners to use funds located within an Account to satisfy payment obligations that you incur in connection with either (1) electronic foreign currency loan initiated by you from an account managed by a Coba Affiliate or Coba Affiliate financial partner or (2) your use of a credit card issued by or through a Coba Affiliate or Coba Affiliate financial partner to conduct transactions in a foreign currency (collectively, the “Affiliate Transactions”).  

These Terms of Service govern the Account and cash management services made available to you by Synapse and the Partner Financial Institution(s). Access to your Account and the cash management services under these Terms of Service is made available only through the Mobile App and Web App.  For clarity, the Affiliate Terms govern your participation in Affiliate Transactions.

Access to your Account and the services offered under these Terms of Service is limited to your use of the Mobile App and Web App unless we notify you otherwise. 

1. Your Representations and Promises or Affirmations to Coba. 

1.1 Restrictions on Acceptance and Use of Coba’s Services. 

1.1.1 You are at least 18 years old (or legal age of capacity in the jurisdiction in which you reside), you have the right, authority and capacity to enter into these Terms of Service, and you are not a citizen, permanent resident, or non-permanent resident alien of the United States.

1.2 True and Correct Information. The information and instructions you provide Coba are true, accurate, and complete, as you are solely responsible for such information and instructions. Additionally, you will provide all information requested by Coba, such as your name, email address, phone number, date of birth, foreign tax identification number, photo ID, and such other information as Coba may request from time to time. You agree to update Coba if the information changes within ten (10) calendar days.

1.3 Verification of your Information. You acknowledge and agree that we may be under a legal obligation to conduct certain “know your customer” or similar identity verification checks or that such checks may otherwise be prudent to safeguard your Account.  You hereby instruct us to share your information with the Partner Financial Institution, Synapse, the Coba Affiliates, and other third parties (as determined by us in our sole discretion) to verify your identity and/or your Account information as further detailed in our Privacy Policy. Sharing this information is necessary to open an Account, to conduct Affiliate Transactions, and to provide transaction-related services. To learn more about what information we may collect from you, how we may use your information, and how we may share your information, please review Coba’s Privacy Policy. 

1.4 Authorization to Debit Your Account for Domestic ACH Transfers. By using Coba’s Mobile App or Web App and/or cash management services to send funds via the Automated Clearing House (“ACH”) from your linked cash management account(s) to your brokerage account or Coba account, you authorize Coba and its partners to deliver any  necessary instructions on your behalf in order to facilitate the transaction.  You understand that this will be an electronic transaction, and funds may be withdrawn from your account as soon as the applicable transaction date. You will not dispute Coba, Synapse, or the Partner Financial Institution, as the case may be, debiting the account so long as the transaction corresponds to the terms indicated in the transaction web form provided to you.   

1.5 Authorization to Debit Your Account for Affiliate Transactions.  You agree that, simultaneous with the settlement of each of your credit card Affiliate Transactions, you transfer ownership of the corresponding Repayment Amount of money in your Account to the Coba Affiliate we designate.  By executing an Affiliate Transaction, you authorize Coba and its partners to automatically satisfy your payment obligations in connection with such Affiliate Transaction through funds from your Account and further authorize Coba and its partners to deliver any necessary instructions on your behalf in order to facilitate the transaction.  You understand that this will be an automatic electronic transaction, and that you agree and instruct us to withdraw funds in the Repayment Amount from your Account on the date of the applicable Affiliate Transaction. You will not dispute Coba, Synapse, or the Partner Financial Institution, as the case may be, debiting the Account so long as the amount corresponds to the “Repayment Amount” (the USD equivalent of the amount of the applicable Affiliate Transaction, as determined in accordance with the foreign exchange conversion policies set forth herein and after giving effect to all fees and charges contemplated in these Terms and the applicable Affiliate Terms).

1.6 Regulation E Compliance.  You agree that the only way for you to initiate a dispute regarding an unauthorized debit or transfer from your Account is to initiate a dispute through the communication channel established by the Coba Affiliate offering you Affiliate Transactions, which communication channel is described and disclosed in the Affiliate Terms.   You agree that the only reasons you may dispute a debit or transfer from your Account are (A) the reasons set forth in the Affiliate Terms for disputing a credit card charge or (B) you demonstrate that the debit or transfer from your Account was unauthorized or otherwise in violation of these Terms of Service.  If you timely dispute a debit or transfer from your Account as required by these Terms of Service, then we will refund the disputed amount to your Account.

        You acknowledge that your repayment of Affiliate Transactions by automatic payment as described in these Terms is not a condition or a prerequisite to your receipt of credit from Coba Affiliates and that you can choose to pay the higher fees and interest rate associated with the credit program offered by Coba Affiliates that does not have an automatic repayment feature.

You agree that, all transfers of funds from your Account to Chib USA are an automatic transfer of funds under an agreement between you as a consumer and us under which we will initiate individual transfers without a specific request from you as a consumer from your Account.

1.7        Limits on Access to Services or Account. Coba may limit or suspend your access to the services or take other actions against you if the information you provide Coba is incorrect, Coba believes it is necessary to prevent a fraud or crime, or you otherwise breach these Terms of Service or the Affiliate Terms. 

1.8 Compliance with the Laws and your Agreements. You represent and warrant that your use of Coba’s services and the Account do not and will not violate any applicable laws, rules or regulations or any agreements with any third parties to which you are bound. 

1.9 USA PATRIOT Act Notice. Important information about procedures for using Coba’s services, Synapse or its affiliates’ services, Partner Financial Institutions’ services, or the Program Banks’ services under the USA PATRIOT Act of 2001: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you use any of the foregoing services, Coba will ask for your name, address, date of birth, and other information that will allow us to identify you. Coba may also ask to see a form of identification with your photograph or other identifying documents. 

2. Your Conduct. 

2.1 You understand and agree that you will not: 

a. Use Coba’s services, without Coba’s prior written consent, to transact with or operate services relating to (i) credit repair, (ii) debt consolidation, (iii) payday loans, (iv) title loans, (v) telemarketing, (vi) tobacco sales, (vii) travel clubs, (viii) sweepstakes, (ix) choice of law,(x) marijuana or controlled substance supply, (xi) tribal and entities that are not governed by the U.S. or states, (xii) mail order or telephone order companies, (xiii) adult entertainment, (xiv) stored value cards, (xv) illegal or fraudulent goods or services, including, but not limited to, illegal substances, counterfeit goods, stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety (including synthetics, “potpourri not for human consumption”, and other similar items), illegal online gambling / wagering, pyramid schemes, unlicensed sale of firearms or weapons, (xvi) any type of money laundering, or (xvii) other businesses that operate or engage in any business regulated by FinCEN, including money service businesses, e-money business, and businesses selling money orders or traveler’s checks, and digital currency marketplaces and exchanges except for those offered by us though Synapse; 

b. Provide false or inaccurate information to Coba, including attempt to falsify your identity, such as by providing false account information or false documents; 

c. Defraud Coba, Partner Financial Institution, other Coba users, or Synapse in any way; 

d. Open an account for another individual;

e. Receive or attempt to receive duplicate compensation for a disputed payment from a recipient, Coba, Partner Financial Institution, and/or other financial institutions;

f. Engage in activity that indicates, in Coba’s or the Partner Financial Institution’s, discretion, that there may be a high level of risk associated with you, your Account or any of your Coba account activity; or 

g. Otherwise breach the terms of these Terms of Service or the policies herein. 

3. Coba’s Services. 

3.1 Banking Services through Partner Financial Institutions. Coba provides access to brokerage accounts and cash management services through Synapse and its Partner Financial Institutions.

Coba provides services to you to give the ability to send and receive funds to and from third parties and open an Account through Synapse at its Partner Financial Institutions. All funds transfer services are provided by Synapse through the Partner Financial Institutions, as Coba does not receive, hold, or transmit funds. Through Synapse, Coba enables you to send funds transfer instructions to Partner Financial Institution.  Any funds balances displayed by Coba are held in your Account and which then undergo the cash management services through Synapse with Partner Financial Institution, for your benefit. Through Synapse, Coba sends instructions to facilitate your requests for services relating to your Account or an Affiliate Transaction executed by you. Coba is not responsible or liable if your request for such services is limited, delayed or denied for risk, compliance or other reasons attributable to Synapse and/or the Partner Financial Institution. 

3.1.1 Oral Authorization. You agree that Coba and Synapse shall be entitled to act upon any oral instructions given by you so long as we reasonably believe such instruction was actually given by you or your authorized agent. 

3.1.2 Self-Directed Account. You understand that your Account is self-directed. Accordingly, you appoint Synapse, through the Mobile App or Web App, as your agent for the purpose of carrying out your directions directly to Synapse or indirectly via the Mobile App or Web App, in accordance with the terms and conditions of the Synapse Terms of Service and any attendant risks with respect to cash management services. Synapse is authorized to open or close your Account and take such other steps as are reasonable to carry out your directions provided through the Mobile App or Web App. All transactions will be effected only by you or at the direction of your authorized delegate, except as described in Section 3.1.1 (Oral Authorization). You agree to receive and transmit financial information through such electronic means. Your use or grant of access to your Account to any third party to access information or place transactions in your Account is solely at your risk. 

3.1.3 Responsibility for Self-Directed Transactions. You understand that because your Account is self-directed, you are solely responsible for any and all transactions in to or out of the Account and you agree and acknowledge that all transactions initiated by you or on your behalf are unsolicited and based on your own decisions or the decision of your duly authorized representative or agent. Accordingly, you agree that neither us, Synapse nor any of our respective employees, agents, Affiliates, principals, or representatives: (i) provide investment advice in connection with this Account; (ii) recommend any security, transaction or order; (iii) solicit orders in any security; (iv) act as a market maker in any security; (v) make discretionary trades; and produce or provide first-party research providing a specific investment strategies such as buy, sell or hold recommendations, first-party ratings and/or price targets. 

3.2 Transaction Only Services. As a result of our contractual relationship with Synapse, we may provide you with services to process transactions to or from your Account. In certain circumstances relating to our transaction services, your funds may be held by Partner Financial Institution for your benefit and a sub-account balance may be displayed to you by our software. To provide services under this section, Coba may collect personally identifiable information, your Account login credentials or account and routing numbers for your Account, or other user data information as we may request from time to time as further detailed in these Terms of Service and our Privacy Policy. Transactions processed via ACH will be processed in accordance with such time frames except as otherwise noted in these Terms of Service. Such transaction services may be limited, delayed or denied for risk and compliance reasons that we may not be able to disclose to you. You understand that the transactions may be limited, delayed or denied and expressly disclaim any claims relating to such actions. Coba is not responsible for reviewing the accuracy of the transactions (amount, date, or the sender or receiver of funds).  Additionally, Coba is not responsible if the receiver of funds rejects your transaction. 

3.3 Affiliate Transaction Fulfillment.  In connection with an Affiliate Transaction, Coba may, through Synapse, direct the transfer of funds from your Account to an account owned or titled for the benefit of Synapse or a Coba Affiliate financial partner, which such funds will be in the Repayment Amount.  

3.4 Other Services. Coba may from time to time offer additional services or remove services without prior notice to you. You agree to be bound by the terms and conditions of such services as they may be offered to you. 

4. Fees, Charges and Penalties. 

4.1 Coba Fees. This Account is subject to Coba’s Schedule of Fees (the “Schedule of Fees”) which is posted and available at any time on the Mobile App or Web App, including but not limited to, overdrafts, monthly service or maintenance charges, including, without limitation, Inactive Account charges, stop payment orders issued by you, and Account termination. Notwithstanding Synapse and/or the Partner Financial Institution’s right to make changes to charges without prior notice, you will be notified prior to changes to the Schedule of Fees taking effect by (A) email to the email address shown in our records or (B) by being made available to you on the Mobile App or Web App. If you have questions concerning any particular fee imposed by Coba, please contact Coba in writing within 60 days from the date the fee was debited from your account. 

4.2 Coba Affiliate Fees. Your use of services offered by a Coba Affiliate, including your execution of any Affiliate Transaction, may be subject to separate fees or charges (“Affiliate Fees”) that are in addition to the fees set forth in the Schedule of Fees.  The Affiliate Fees will be set forth in the applicable Affiliate Terms and assessed in the manner contemplated therein.  You acknowledge and agree that Affiliate Fees may be automatically deducted from your account when you execute an Affiliate Transaction and your account funds are used to satisfy your payment obligations in connection with such Affiliate Transaction.

4.3 Foreign Exchange Conversion.  As set forth in Section 1.5, when you execute an Affiliate Transaction, funds from your Account will be used to satisfy your payment obligations with respect to such Affiliate Transaction.  Affiliate Transactions will be conducted in a foreign currency, and the Coba Affiliates or Coba Affiliate financial partners, as applicable, will calculate the U.S. Dollar equivalent that will be drawn from your Account to satisfy your payment obligations in connection with each such Affiliate Transaction.  The formula used to calculate the U.S. Dollar equivalent will be as set forth in the applicable Affiliate Terms along with any applicable transaction fees or charges.  The Affiliate Terms are posted and available at any time on the Mobile App or Web App and are incorporated herein by reference.  The Affiliate Terms can be changed as set forth in the Affiliate Terms and you agree that you are bound by any changes in the Affiliate Terms if you initiate an Affiliate Transaction after the date of change in the Affiliate Terms. You acknowledge and agree that Coba is authorized to transfer the U.S. Dollar equivalent as determined by the Coba Affiliate or Coba Affiliate financial partner and you may not contest such determination with Coba, notwithstanding the fact that the conversion price may not conform to then-prevailing foreign exchange rates.

4.4 Legal Costs and Fees. You agree to pay on demand all losses, costs and expenses (including without limitation the fees and expenses of counsel, whether incurred at trial, on appeal or without litigation), if any, incurred by Coba or its affiliates in connection with or relating to these Terms of Service and any document delivered hereunder, including, but not limited to, losses, costs and expenses sustained as a result of (i) a default by you in the performance of your obligations or (ii) any claim by a third party, whether legally enforceable or not, to or against any of your Account(s). 

4.5 Fee Disclosure. Coba pays fees to Synapse for processing your payments and Coba or a Coba Affiliate charge you a fee designed to reimburse Coba for those fees it pays to Synapse.  Coba may charge additional transaction fees and other fees associated with the services provided to you. 

5. Important Legal Provisions 

5.1 No Warranties. THE SERVICES UNDER THE TERMS OF SERVICE, COBA’S MOBILE APP AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. 

. NEITHER COBA, SYNAPSE NOR PARTNER FINANCIAL INSTITUTION REPRESENT OR WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COBA OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NEITHER COBA, SYNAPSE NOR PARTNER FINANCIAL

INSTITUTION SHALL BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES, INCLUDING BUT NOT LIMITED TO FAILURE OF INTERCONNECTING AND OPERATING SYSTEMS, COMPUTER VIRUSES, FORCES OF NATURE, LABOR DISPUTES AND ARMED CONFLICTS, THAT MAY AFFECT THE PROCESSING, COMPLETION, OR SETTLEMENT OF TRANSACTIONS. 

THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

5.2 Force Majeure. You understand and agree we will not be held responsible for any losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond Coba’s control. In such an event, Coba, Synapse, or Partner Financial Institution may suspend the services and access to the funds in your Account. 

5.3 Limitation of Liability. IN NO EVENT SHALL COBA BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE HUNDRED DOLLARS ($100) OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL, REGARDLESS, IN EACH CASE, OR WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

6. Consent to Use Electronic Signatures, Communications and Statements 

6.1 Your Consent to Electronic Signatures. By accepting these Terms of Service, you understand that: (i) electronically signing and submitting any document(s) to Coba legally binds you in the same manner as if you had signed in a non-electronic form, and (ii) the electronically stored copy of your signature, any written instruction or authorization and any other document provided to you by Coba is considered to be a true, accurate and complete record, legally enforceable in any proceeding to the same extent as if such documents were originally generated and maintained in printed form. You agree not to contest the admissibility or enforceability of Coba’s electronically stored copy of these Terms of Service and any other documents. 

6.2 Your Consent to Electronic Communications. To the fullest extent permitted by law, these Terms of Service, account statements, notices, legal and disclosures for your Account, updates and changes to these Terms of Service, or other service agreements and other communications (collectively, “Communications”) from us to you regarding your Account(s) and related services with us may be provided to you electronically, and you consent and agree to receive all those communications in an electronic form. Electronic Communications may be posted on the pages within the Coba Mobile App or Web App and/or delivered to your email address. You may print a paper copy of or download any electronic communication and retain it for your records. All Communications in electronic format will be considered to be “in writing,” and to have been received on the day of posting, whether or not you have received or retrieved the Communication. Coba, Synapse, and Partner Financial Institution reserve the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive Communications electronically, Coba will terminate your right to use the

Mobile App or Web App or to obtain or maintain Account(s) and related services, and you accept sole liability for any losses, liabilities, cost, damages and expenses resulting from such an involuntary termination of your Account(s) and related services, to the extent permitted by law. 

6.3 Your Review of Communications. Please review promptly all Communications Coba or the Partner Financial Institution delivers or makes available to you. If Communications are mailed to you, they will be delivered to you at the postal address shown in our records. If Communications are sent to you electronically, they will be delivered to you at the email address shown in our records or made available to you on the Mobile App or Web App. Synapse will retain printable versions of your Account statements for seven (7) years or longer periods as may be required by applicable law. You agree to give Coba notice of any change of your postal or email address. 

6.4 Reporting to You (Account Statements). Statements will be made available to you to view and/or print on the Mobile App or Web App (if available). Coba will send an email notification when the statements are available online on a monthly basis. The Account statement will describe each item, date of debit, and the respective amount. Electronically delivered Statements will provide all information available in paper statements. 

6.4.1 Schedule of Statements Availability. Below is the schedule for statements availability: 

Account Type Statement Availability

Deposit 15th of every month (EOD) for the previous month.

Credit 7th of every month (EOD) for the previous month

6.4.2 Account statements will be considered to be correct unless you notify us of any errors within sixty (60) days of becoming available. Carefully review your statement each statement cycle and notify us of any errors within sixty (60) days of your statement becoming available. Coba, Synapse, and Partner Financial Institution will not be liable to you for any error that you do not report to Coba within that period of sixty (60) days. 

7. Account Basics 

7.1 Eligibility. The Account is not available to consumers who are citizens, permanent residents or non-permanent resident alien in the United States. Eligible customers must be at least 18 years of age, and with a valid identification number in your local jurisdiction. All deposits and withdrawals in the Account must be in U.S. dollars only.  For clarity, the foregoing does not restrict you from executing a foreign currency Affiliate Transaction; however, you acknowledge and agree that your payment obligations with respect to such Affiliate Transactions will be satisfied through the withdrawal of the USD equivalent of the amount of the applicable Affiliate Transaction, as determined in accordance with the foreign exchange conversion policies set forth herein and after giving effect to all fees and charges contemplated in these Terms and the applicable Affiliate Terms.

You must agree to accept electronic, 

rather than paper statements, as provided above. 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 (such as end-of-year tax forms and electronic statements). If you do not do so, you may not open an Account. If you withdraw your consent, Coba, Synapse, and Partner Financial Institution may close your Account. 

7.1.1 You authorize Coba, Synapse, and the Partner Financial Institution to verify your credit and employment history and/or have a credit reporting agency prepare a credit report on you, as an individual. 

7.2 Important information about procedures for opening a new Account. When you open an Account, Coba will ask for your name, address, date of birth, passport, a picture of yourself, and other information that will allow us to identify you. Coba may also ask to see a copy of your driver’s license, local government identification, or other identifying documents. 

7.3 Account. The Account consists of a non-interest-bearing online cash management account used to hold your deposits and make payments and transfers to and from the Account. You will access your Account via the Mobile App or Web App. The Account may include the use of a digital debit card to make payments and transfers of U.S. Dollars to third parties. The cash management services are provided by Synapse Brokerage LLC and its Program Banks.  By opening a debit card on Coba, you agree to the Synapse Brokerage LLC Account Agreement and Terms of Service, as may be amended or restated from time to time.

7.4 Password Security. You are responsible for maintaining adequate security and control of any and all User IDs, Passwords, hints, personal identification numbers (PINs), or any other codes that you use to access the Account. Do not discuss, compare, or share information about your account number or password unless you are willing to give them full use of your money. Coba, Synapse, or Partner Financial Institution will never ask you for your login credentials by phone or through email. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third parties and the loss or theft of any funds held in your Account and any associated accounts, including your Account (a “Potentially Fraudulent Event”). Electronic withdrawals are processed by automated methods, and anyone who obtains your account number or access device could use it to withdraw money from your account, with or without your permission.  Similarly, we are not responsible for verifying the authenticity of any Affiliate Transaction.  You are responsible for keeping your email address and telephone number up to date in order to receive any notices or alerts that Synapse and/or the Partner Financial Institution may send you. Coba, Synapse, and Partner Financial Institution assume no responsibility for any loss that you may sustain due to compromise of your account login credentials due to no fault of ours and/or your failure to follow or act on any notices or alerts that Coba, Synapse, and/or Partner Financial Institution may send to you. If you believe your Account information has been compromised, or that someone has transferred or may transfer money from your account without your permission, contact us immediately but in no event more than twenty-four (24) hours following discovery, at support@coba.ai or contact us through our WhatsApp number +1 (737) 260-0512. You agree to promptly review all Account and transaction records and other Communications that Partner Financial Institution make available to you and to promptly report any discrepancy to us. You agree to cooperate fully with the legal authorities, us, Synapse, and/or the Partner Financial Institutions in any investigation of any Potential Fraudulent Event and you will complete any required affidavits promptly, accurately and thoroughly. You also agree to allow us and/or Synapse access to your mobile device, computer, and network in connection with our investigation of any Potential Fraudulent Event. You understand that if you fail to do any of these things you may encounter delays in regaining access to the funds in the Account. You agree to indemnify and hold us, Synapse, the Partner Financial Institution and/or their affiliates, harmless from and against any losses arising out of or relating to any Potential Fraudulent Event. You acknowledge that Coba, Synapse, and Partner Financial Institution do not know when a person initiating transactions with your username and password or debit card is you. 

7.5 Titling and Ownership. Notwithstanding anything to the contrary in the Synapse Brokerage LLC Account Agreement, the Account may be owned and titled only in the name of one (1) person who shall solely retain the right to direct the deposit or transfer of funds. The Account cannot be owned or titled jointly, by an organization, as Payable on Death (“POD”), “In Trust For” (“ITF”), or used as custodial accounts for minors.

7.5.1 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. Us and/or Synapse may continue to accept deposits and process transaction instructions into and from your Account until us and/or Synapse are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act on that knowledge. You agree that, even if us and/or Synapse has knowledge of your death, us and/or Synapse may pay or process transactions on your Account executed on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Account. Us and/or Synapse may require additional documentation to confirm any claims made on the Account. Further, us and/or Synapse may in its discretion close out any or all of the Accounts without awaiting the appointment of a personal representative for your estate and without demand upon or notice to any such personal representative. The estate of any Account owner who has died shall be liable and each survivor shall continue to be liable, jointly and severally, to us and/or Synapse for any net debit balance or loss in said account in any way resulting from the completion of transactions initiated prior to the receipt by us and/or Synapse of the written notice of the death of the decedent. Such notice shall not affect Coba or Synapse's rights under these Terms of Service to take any action that Coba or Synapse could have taken if you had not died. 

7.6 Power of Attorney. You may wish to appoint an agent to conduct transactions on your behalf. We and/or Synapse have no duty or agreement whatsoever to monitor or ensure that the acts of the agent are for your benefit. We and/or Synapse will not be required to follow the instructions of your designated attorney-in-fact (your “Agent”) unless you have furnished us a power of attorney in a form or under circumstances acceptable to us. Unless you revoke it, a power of attorney continues until your death or the death of the person given the power. If the power of attorney is not “durable,” it is also revoked when you become incompetent. We and/or Synapse may require your Agent to sign an affidavit stating that the power of attorney presented to us is a 

true copy and that, to the best of the Agent’s knowledge, you are alive and competent and that the relevant powers delegated to the Agent have not been amended or terminated. We and/or Synapse may continue to honor the transactions of your Agent until: (1) we and/or Synapse have received written notice of the termination of the authority or notice of your death, and (2) we and/or Synapse have a reasonable opportunity to act on that notice. You agree not to hold us responsible for any loss or damage you may incur as a result of our following instructions given by an Agent acting under a valid power of attorney. 

7.7 Our Relationship with You. You understand that Coba serves solely as a liaison with Synapse to power your cash management needs, and Coba owes no fiduciary duty to you. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS AND SERVICES OFFERED BY COBA ARE NOT ENDORSED OR GUARANTEED BY SYNAPSE AND/OR THE PARTNER FINANCIAL INSTITUTIONS EXCEPT AS SET FORTH HEREIN. You understand that Coba, Synapse, and Partner Financial Institutions are not legal partners, affiliates or joint venturers with each other. Nothing in these Terms of Service is intended to be read or understood as making Coba, Synapse, and Partner Financial Institutions, legal partners, affiliates or joint venturers or impose any liability as such on either of them. Unless otherwise expressly stated in these Terms of Service, Coba has no authority to act or represent Synapse or Partner Financial Institution in any way. Coba provides the services under these Terms of Service through Synapse. You understand and agree that Coba, Synapse, and/or the Partner Financial Institution are exculpated from any and all liability arising with respect to any of the services to the fullest extent permitted by law. 

7.8 Our Affiliates’ Relationship with You. You understand and agree that the Coba Affiliates will have no liability to you under these Terms of Service.  Any claim or cause of action against a Coba Affiliate will be subject to the applicable Affiliate Terms.  You understand and agree that the Coba Affiliates are exculpated from any and all liability arising with respect to any of the services provided under these Terms of Service to the fullest extent permitted by law. 

7.9 Privacy Policy. Coba’s privacy policy (the “Privacy Policy”) is available at https://www.coba.ai/terms_and_conditions and is considered part of these Terms of Service. By creating an Account and using the services as set forth herein, you acknowledge that you have read and accepted Coba’s Privacy Policy. 

7.10 Internet Gambling; Illegal Transactions. Coba, Synapse and/or Partner Financial Institution may, but are not required to, deny authorization for any internet gambling transactions. You agree not to use your Account or our services for online gambling or any illegal activity. Coba, Synapse and/or Partner Financial Institution may refuse to process any transaction that they believe may violate the terms of these Terms of Service or applicable law. You acknowledge and agree that Coba, Synapse, and Partner Financial Institution have no obligation to monitor, review or evaluate the legality of your transactions and Account activity. You agree that using Coba services or your Account for illegal activity will be deemed an action of default and/or breach of contract and, in such event, our services and/or any of your Accounts may be terminated at our discretion. You further agree that should illegal use occur, you waive any right to sue Coba, Synapse, and/or Partner Financial Institution for such illegal use or any activity directly or indirectly related to it, and you agree to indemnify and hold Coba, Synapse, and/or Partner Financial Institution harmless from any suits, legal action, or liability directly resulting from such illegal use. To the fullest extent permitted by law, you agree to pay for any transaction that you authorized (including through an Affiliate Transaction), even if that transaction is determined to be illegal. 

7.10 Inactive Accounts. In the event your Account has under $500.00 in funds and you have not made a deposit or withdrawal, or signed into said account for a period of six (6) months, (“Inactive Account”), your Account will be subject to an Inactive Account fee in addition to other applicable account fees. Coba reserves the right to withhold any payment, withdrawal or 

transfer from an Inactive Account until Coba, to its sole and complete satisfaction, is able to reestablish contact with you, and you agree to keep your Account in active status. 

7.11 Freezes, Blocking or Closing Accounts Due to Irregular or Unlawful Activities. You agree that if Coba, Synapse, and/or Partner Financial Institution suspect that any irregular, unauthorized, or unlawful activity may be occurring in connection with your Account, Coba, Synapse, and/or Partner Financial Institution may “freeze” or place a hold on the balance in such Account pending an investigation of such activities. If Coba, Synapse, or Partner Financial Institution freeze your Account, it will give any notice required under the circumstances by the laws governing the Account. If investigation confirms Coba’s, Synapse’s, or Partner Financial Institution’s suspicions of irregular, unauthorized, or unlawful activity then, notwithstanding anything to the contrary in these Terms of Service, Coba, Synapse, and/or Partner Financial Institution may immediately close your Account, and may also close any or all other Accounts, if necessary, to comply with applicable law. You agree that Coba, Synapse, and Partner Financial Institution may also freeze, block, or close your Account as necessary in order to comply with regulations issued by the United States Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or other applicable U.S. laws or regulations. 

7.12 Authorized Users. You are responsible for all transactions initiated and fees incurred by use of any of your Account. If you permit another person to have access to your Account, we will treat this as if you have authorized such person to use the Account, and you will be liable for all transactions and fees incurred by such person, even if they exceed the authorization granted. Transactions will be considered unauthorized only after you notify us that the person is no longer authorized to use the Account. You are wholly responsible for the use of your Account according to the terms and conditions of these Terms of Service. 

8. Funding and Withdrawing from your Account 

8.1 Deposits and Withdrawals. You can make deposits and or withdrawals into and from your Account

using any of the methods and with the limits that are informed in the “TRANSACTIONAL LIMITS ANNEX”. 

* Notwithstanding anything to the contrary in the Synapse Brokerage LLC Account Agreement, the limits included here are the lowest limits allowed for transactions. However, Coba reserves the right to allow you to transact higher volume than the limits defined herein at any time without prior notice. In certain cases, for security reasons, Coba may lower your limits upon notice to you at the time you attempt to initiate a transaction. Coba reserves the right to cancel or suspend transactions due to fraud or compliance related concerns. 

8.2 Deposits into the Account. 

8.2.1 Direct Deposits. Your Account number and bank routing number may be used for the purpose of initiating direct deposits to your Account. The recipient’s name on any direct deposit(s) Synapse receives must match your name. Any direct deposits received in a name other than the name registered to the Account will be returned to the originator. If your Account number changes you must immediately notify your employer or any other payors. You must provide them with the new Account number to ensure that your direct deposit activity continues uninterrupted. 

8.2.2 No Deposits in Cash or Paper Checks. Synapse will only accept funds deposited electronically through ACH, domestic wire or international wire. Coba, Synapse, and Partner Financial Institution are not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us. Synapse does not accept deposits in cash, personal checks, cashier’s checks, or money orders. Only deposits made in accordance with the terms of these Terms of Service will be accepted. 

8.2.3 Our Right to Charge Back Deposited Checks or Electronic Transfers. If you receive an electronic transfer as provided in these Terms of Service and (i) the paying bank returns it to Partner Financial Institution unpaid; or (ii) the sending bank or the originator of an item demands that Partner Financial Institution return the item because it was unauthorized, sent to the wrong account number or procured by fraud, Partner Financial Institution may pay the return or demand, and subtract the funds from your Account. If Partner Financial Institution has reason to believe that any of the events in the previous sentence have occurred or may occur or that the item should not have been paid or may not be paid for any other reason, Partner Financial Institution may place a hold on the funds or move them to a non-customer account until Partner Financial Institution determines who is entitled to them. 

8.2.4 Right to Reject Any Deposit. Us and/or Synapse through the Partner Financial Institution is under no obligation to accept any item, wire, electronic funds transfer, or other transaction for deposit to your Account or for collection, and we and/or Synapse through the Partner Financial Institution may refuse to cash or give value for any such item. We and/or Synapse through the Partner Financial Institution may restrict access to any deposit credited to your account that violates any laws of the United States, including but not limited to those giving rise to OFAC sanctions. 

8.3 Withdrawals from the Account. 

8.3.1 No Overdrafts. You are not permitted to overdraw your Account. If the available balance in your Account is not sufficient to cover any payment or withdrawal you have authorized, we and/or Synapse through the Partner Financial Institution may refuse to process the payment or withdrawal.  In addition, if the available balance in your Account is not sufficient to cover your payment obligations with respect to an Affiliate Transaction, then the Affiliate Transaction may be blocked or denied by the applicable Coba Affiliate or Coba Affiliate financial partner.  If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Account has a negative balance and you have another account with us and/or Synapse

through the Partner Financial Institution, we, Synapse and/or Partner Financial Institution reserve the right to exercise their right to set off. See Section 8.3.2 for details. If your Account has a negative balance for sixty (60) calendar days or more, it will be closed. If you fail to pay the amount of any overdraft, we, Synapse and/or the Partner Financial Institution reserves the right to refer your overdrawn account to an attorney for collection, and you agree to pay all reasonable expenses, including, but not limited to, reasonable attorney’s fees and court costs incurred by us, Synapse and/or the Partner Financial Institution as a result of your account being overdrawn. 

8.3.2 Right to Set Off. If your Account balance becomes and remains negative, we and/or Synapse through the Partner Financial Institution can use the funds in any of your accounts with Synapse through the Partner Financial Institution to repay the negative balance in your Account without any further notice to or demand on you. Moreover, we, Synapse and/or the Partner Financial Institution has the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us, Synapse and/or the Partner Financial Institution. Further, you grant us and Synapse through the Partner Financial Institution 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, Synapse or the Partner Financial Institution, now or in the future. 

9. General Funds Availability 

9.1 Availability. Synapse makes funds available according to the type of deposit and when the funds are applied or credited to your Account as provided in the Synapse Brokerage LLC Account Agreement and Synapse Terms of Service. Some types of deposits may not be available for immediate use. When Synapse delays the availability of funds or place a hold on a deposit made to your Account, you may not withdraw those funds, and Synapse through the Partner Financial Institution will not use them to pay any debits, such as ACH transfers or payments, check payments, Affiliate Transaction payment obligations or, if available, transactions using your debit card during the hold period. Synapse through the Partner Financial Institution has the right to refuse any deposit. If final payment is not received on any item you have deposited into your Account, or if any direct deposit or ACH transfer is returned to Synapse through the Partner Financial Institution for any reason, you agree to pay Synapse through the Partner Financial Institution the amount of the returned item. The length of the delay in the availability of funds will vary depending on the type of deposit. 

9.2 Business Days. The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your Account. For purposes of these disclosures, our business days are Monday through Friday; U.S. Federal holidays are not included. Deposits received after the cut-off times provided in these Terms of Service or on a day us, Synapse and/or the Partner Financial Institution are not open will be processed the following business day that us, Synapse and/or the Partner Financial Institution are open. 

9.3 Same Day Availability. Funds received from preauthorized electronic payments will be available on the day the deposit is applied to your Account. ACH Credits received from an external bank account will be applied to the Account when Synapse through the Partner Financial Institutions has verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability. 

9.4 Longer Availability. Electronic transfers depositing into the Account initiated through Coba may take up to five (5) business days from the date of the initial request but will post on the payment date of the deposit once the money has reached the Partner Financial Institution

10. Electronic Funds Transfer Disclosures. 

10.1 Electronic Transfers via ACH. You may originate transfers to and from your Account via ACH as provided in Section 8 of these Terms of Service. You may only initiate electronic funds transfers via the Coba’s Mobile App or Web App. You are solely responsible for the accuracy of the information contained in the payment order. The electronic transfer will be completed relying exclusively on the information provided by you. You must authorize Synapse through the Partner Financial Institution to execute payment orders on your behalf and to debit your Account specified in the payment order for the amount of the electronic funds transfer. 

10.1.1 Security Procedures. You will be required to use a Two-Factor Authentication control, in addition to your login, to authorize an electronic funds transfer. You agree that this control is an appropriate security procedure designed to verify the authenticity of the order and is not to detect errors in transmission. 

10.1.2 Limits on ACH Transactions. Cut-off Time. The cut-off time for scheduling an international wire transfer is 10:00 AM PST for next day transfers. The cut-off time for scheduling domestic same day ACH transfers (if enabled on your Account) is 9:00 A.M. PST. Any wire transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day. In some circumstances, transactions may be delayed for risk or compliance reasons. 

10.1.3 No Cancellation. All electronic funds transfer requests are final and are not subject to recall orders or stop payments. 

10.2 Electronic Transfers Using Your Account Number. You may authorize a third-party to transfer funds to and from your Account by providing your account number and your routing number to such third-party. Your account information should only be provided to trusted third-parties authorized to initiate the electronic funds transfers. 

10.3 Debit Cards and ATM Services. You may obtain a digital debit card from Synapse or its Program Banks that can be used for purchases on digital points of sales (the “Synapse US Debit Card”). For clarity, Synapse and the Program Banks do not issue a physical debit card for your Account.  The use of your Synapse US Debit Card to initiate electronic transfers is subject to the term and conditions of Synapse Brokerage LLC Account Agreement. 

10.4 Types of Electronic Transfers Available. 

10.4.1 You may arrange with another party, such as your employer or a government agency, to electronically deposit funds on a one-time or recurring basis directly to your Account. 

10.4.2 You may arrange with another party to make one-time or recurring charges to your Account to make a utility payment or to pay other bills. 

10.5 Limitations on Transfers, Amounts and Frequency. Your right to make electronic funds transfers is subject to the limits established in Section 8 of these Terms of Service. 

10.6 Right to Receive Documentation of Electronic Funds Transfers. Your electronic funds transfers will be reflected on the statements that will be delivered to you through Coba’s Mobile App or Web App, as described in Section 6.4. You can also contact Coba, through WhatsApp +1 (737) 260-0512 or email at support@coba.ai, to obtain information about any particular direct deposit or transfer. 

10.7 Your Liability for Unauthorized Electronic Fund Transfers. You must contact Coba by

contacting us through WhatsApp at +1 (737) 260-0512 or emailing at support@coba.ai if you believe your Account number was stolen or if you believe someone has transferred or may transfer money from your Account without permission. If your account number was stolen or if you believe someone has transferred or may transfer money from your Account without permission contact us immediately through Coba, at the number specified above. 

10.7.1 If you notify us within two (2) business days after you learn of any unauthorized transaction, you can lose no more than $50.00 if someone used your Account without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Account number and we can prove that Synapse through the Partner Financial Institution could have stopped someone from using your Account without your permission if you had promptly notified us, you could lose as much as $500.00. 

10.7.2 If you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in Section 10.8 “Errors and Disputes.” If you do not notify us within sixty (60) days after (i) you become aware of the transaction(s) and/or (ii) the statement was made available to you, you may not get back any of the value you lost after the sixty (60) days if Synapse through the Partner Financial Institution can prove that Synapse through the Partner Financial Institution could have stopped someone from taking value if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods at our sole and absolute discretion. After receiving notice from you of such an event, Coba and Synapse will close Account to keep losses down and issue you a new Account number. 

10.7.3 If your Account number changes, you must immediately notify your employer or any other payors or merchants. You must provide them with your new Account number to ensure that your direct deposit and/or payments activity continues uninterrupted. 

10.7.4 If you furnish your access device and grant actual authority to make transfers to someone who then exceeds that authority, you will be liable for the transfers the person makes unless we have been notified that transfers by that person are no longer authorized. If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us, Synapse, and/or Partner Financial Institution in the investigation of the loss, including giving us, Synapse, and/or Partner Financial Institution an affidavit containing whatever reasonable information us, Synapse, and/or Partner Financial Institution require concerning your Account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We, Synapse, and/or Partner will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless Coba, Synapse, or Partner Financial Institution have acted in bad faith, Coba, Synapse, or Partner Financial Institution, as the case may be, will not be liable for any special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at Coba’s, Synapse’s, or Partner Financial Institution’s option, assign them to us so that we may pursue them. Coba’s, Synapse’s, or Partner Financial Institution’s liability will be reduced by the amount you recover or are entitled to recover from these other sources. Concerning each item you deposit with Synapse though the Mobile App or Web App, you make the following warranties to us whether

Partner Financial Institution is the payor bank or depository bank: all necessary signatures and endorsements have been placed on the time and are genuine, the item has not been materially altered and you have good title to it, and no defense of any party to the item is good against you. If any such warranty is breached, Synapse through the Partner Financial Institution may deduct the amount of the item from any of your accounts or otherwise collect from you this amount plus expenses. 

10.8 Errors and Disputes. If you think your statement is wrong or if you need more information about a transaction listed on it, please contact Coba, through our WhatsApp number +1 (737) 260-0512 or emailing at support@coba.ai. You must report any errors within sixty (60) days from the earlier of: (i) the date the statement was made available to you on the Mobile App or Web App or (ii) the date you access your Account and would have been able to see the error. You must provide the appropriate information for Coba to investigate the error or unauthorized transaction with Synapse though the Partner Financial Institution, including at least the date of the transaction and its amount. If you call Coba, we may request that you send your complaint or question in writing within ten (10) business days. 

10.8.1 We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to use this additional time, we will credit your Account for the amount you think is in error within ten (10) business days, so that you will have use of the money during the time it takes to complete the investigation. 

10.8.2 If your Account was opened less than thirty (30) days before the date of the suspected error, we may extend the ten (10) business day period to twenty (20) business days before crediting your Account. 

10.8.3 If your Account was opened less than thirty (30) days before the date of the suspected error, the error resulted from a point-of-sale debit card transaction or was initiated in a foreign country, we may extend the ten (10) business day period to ninety (90) days before crediting your Account. 

10.8.4 If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we will not credit your Account. 

10.8.5 You will be informed of the result of the investigation within three (3) business days after Synapse through the Partner Financial Institution’s completion of the investigation. If we determine that there was no error, we will send you an explanation by email or by making it available via the Mobile App or Web App. Copies of the investigation documentation can be obtained by contacting us through WhatsApp at +1 (737) 260-0512 or emailing at support@coba.ai. 

10.9 Liability for Failure to Complete Transactions. If Synapse does not complete a transaction from your Account on time or in the correct amount, Synapse may be liable for your losses or damages solely as provided in the Synapse Brokerage LLC Account Agreement and Synapse Terms of Service. However, Synapse is not liable for any failed transaction if you do not have enough money in your balance to cover a transaction, if circumstances beyond Synapse’s control prevent the transaction, if the merchant requests authorization for an amount greater than the purchase amount, if access to your

Account or linked account has been blocked after you reported your Account number or linked account number lost or stolen, if there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use, if Synapse has reason to believe the requested transaction is unauthorized, if Synapse has received incomplete or inaccurate information from the third-party payor or payee or if there are other exceptions stated in this agreement or as provided by law. Synapse is not liable for the failure to complete a transaction on a business account if Synapse, through Coba, sends you notice that the transaction was not completed. 

11. General Rules Governing the Account 

11.1 Assignment. Transfer. Non-Waiver. Applicable law. The Account may not be assigned. Coba, Synapse, and/or Partner Financial Institution may transfer their rights under these Terms of Service. Use of the Account is subject to applicable Federal laws and the laws of the State of Texas, and all applicable rules and customs of any clearinghouse or other association governing your Account or any transactions. If you or Coba, Synapse, and/or Partner Financial Institution excuse each other from complying with any part of these Terms of Service, this will not waive compliance by the excused party on any other occasion, notwithstanding the number of previous excusals or their duration. A party may not rely justifiably upon another’s past forbearance to vary present or future rights, obligations or performance under these Terms of Service. If any provision of these Terms of Service is determined to be invalid, illegal or unenforceable for any reason, that provision shall not invalidate or render unenforceable any other provision of these Terms of Service. 

11.2 Legal Processes Affecting Accounts. If Coba, Synapse, and/or Partner Financial Institution are served with a subpoena, government agency request for information, restraining order, writ of attachment or execution, levy, garnishment, search warrant, forfeiture or similar order or legal process relating to your Account (termed “legal action” in this section), regardless of the jurisdiction of the issuing authority, Coba, Synapse, and/or Partner Financial Institution may rely on the representations made in the legal action and comply with the legal action, regardless of the jurisdiction of the issuing authority or the location at which the legal action is received. In these cases, Coba, Synapse, and/or Partner Financial Institution will not have any liability to you if there are insufficient funds to pay your items because Partner Financial Institution has withdrawn funds from your Account after such funds are received by the Partner Financial Institution pursuant to the cash management services, or in any way restricted access to your funds in accordance with the legal action. If you believe your funds are exempt from legal action, or otherwise should not be subject to legal action (for example, if you own funds and the legal action applies to another joint owner, you believe the court, garnisher, or levying authority lacks jurisdiction over you or the property, or you believe the garnishment or levy names the wrong party as garnishee), you agree that it is your responsibility to raise any defense to the legal action against the party who originated the legal action, and you agree that we have no obligation to do so. Any fees or expenses Coba, Synapse, and/or Partner Financial Institution incur in responding to any legal action (including, without limitation, attorneys’ fees and our internal expenses) may be charged against your Account. Unless expressly prohibited by law, we, Synapse, and/or Partner Financial Institution may charge your Account a fee for each legal action received, regardless of whether the action is subsequently revoked, vacated or released. 

11.3 Abandoned or Inactive Accounts. Some states in the United States have unclaimed property laws that govern when accounts are considered abandoned. In this case, your account is usually considered abandoned if you have not made a deposit or withdrawal, or signed into your Account, for a specified period of time. In jurisdictions with unclaimed property laws, Coba, Synapse, and/or Partner Financial Institution are required by the unclaimed property laws to turn

over accounts considered abandoned to the applicable state. Before an abandoned account is turned over, Coba may send a notice to you by e-mail or the address on the account statement. Unless prohibited by law, Coba may charge to your Account costs and expenses of any notice, payment and turnover of the remaining balance of your Account to the applicable state. State law of where the Partner Financial Institution is located will apply on unclaimed or abandoned property related to the funds in your Account. 

11.4 Standard of Care. Limitation of Liability. Coba’s liability for losses you or any third-party may incur under any circumstance, in connection with your Account or the services set forth herein is limited to actual, direct damages proved that are proximately caused by Coba’s failure to exercise ordinary care and subject to the limitations of liability set forth in Section 5.3 hereof. Nevertheless, if Synapse and/or Partner Financial Institution makes an error in your favor by excessively crediting or insufficiently debiting your account for any reason, including, without limitation, to the giving of cash or credit in excess of a corresponding account debit, you agree that you immediately owe Synapse and/or Partner Financial Institution as applicable the amount in error, whether you relied on the error or not. You agree to waive your rights to a jury and to punitive and exemplary damages and further agree to be subject to all parts of the arbitration provision in Section 11.11. Damages for any breach of these Terms of Service are limited to those that are direct and lie in contract, and will exclude indirect and consequential damages (including but not limited to damages, loss of profits, revenue, or goodwill). Also excluded are damages in tort (including negligence), or otherwise, and whether or not foreseeable, even if Coba, Synapse, and/or the Partner Financial Institution has been advised or was aware of the possibility of such loss or damages. Coba, Synapse, and/or the Partner Financial Institution will have no liability by reason of delays or interruptions of the Services or transmissions, or failures of performance of their respective systems, regardless of cause, including those caused by governmental or regulatory action, or those caused by software or hardware malfunctions. Coba and/or Partner Financial Institution will have no liability for acting on instructions from you accepted or interpreted by Coba and/or Partner Financial Institution in good faith according to the terms of these Terms of Service, declining to act on instructions whose authenticity or accuracy cannot be verified to Coba’s and/or Partner Financial Institution’s satisfaction, or not acting on instructions not actually received. You understand that Synapse and Partner Financial Institution’s liability to you may be further limited as provided in applicable account agreements, terms of service and privacy policy. 

11.4.1 Except as required by applicable law, we will have no liability to you if we are unable to complete a transaction for any reason beyond Coba’s and/or Partner Financial Institution’s control. Except as otherwise expressly provided in these Terms of Service or as otherwise required by applicable law, Coba and/or Partner Financial Institution, any Affiliates, and the parties with whom Coba and/or Partner Financial Institution and any Affiliates contract in order to offer your Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to your Account, any products or services purchased using the Account, or these Terms of Service (as well as any related or prior agreement you may have had with Coba and/or Partner Financial Institution). 

11.5 Indemnification. You shall indemnify and defend Coba, Synapse, and/or Partner Financial Institution and their officers, directors, employees, agents, and representatives (the “Affiliates” and collectively with Coba, Synapse, and/or Partner Financial Institution, the “Indemnified Parties”), and hold each of them harmless, against any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys' fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third

party claim, or otherwise) (collectively, "Losses") by or with respect to any matters pertaining to the Account, arising directly or indirectly from your breach of your obligations under the Terms of Service or those arising from the instructions or actions of you or of third parties whom you have permitted to direct, manage, view or otherwise act or omit to act in connection with your Account. If Coba officers, directors, employees, agents or representatives are entitled to indemnification against a claim under these Terms of Service, they shall give you prompt notice of the claim and any further pleadings, communication or other information connected with it. You shall defend Coba, Synapse, and/or Partner Financial Institution, and their Affiliates, or pay for the cost of its defense, as they or their Affiliates shall elect. The parties shall cooperate for the cost-effective defense of the claim.  

11.6 No Warranty of Availability or Uninterrupted Use. From time to time, services related to the Coba the Mobile App or Web App or the Account may be inoperative. When this happens, you may be unable to access Coba and related services, and you may be unable to use the Account or obtain information about the Account. Please notify Coba if you have any problems using the Account or Mobile App or Web App. You agree that Coba will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall Coba be liable for extended interruptions due to failures beyond Coba’s control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts. 

11.7 Amendment and Cancellation. Except as otherwise required by applicable law, Coba may amend or change the terms and conditions of these Terms of Service at any time by posting the amended Terms of Service on the Mobile App or Web App and any such amended Terms of Service will be effective immediately upon such posting to the Mobile App or Web App. Your continued use of the Mobile App or Web App following the posting of any such amended Terms of Service constitute your agreement to be bound by such amended Terms of Service in all respects, which such amended Terms of Service will govern your use of the Mobile App and/or Web App following the date they are posted to the Mobile App or Web App. 

11.7.1 We may suspend or close your Account at any time. You suspend or close your Account by emailing support@coba.ai. Your cancellation of your Account will not affect any of Coba’s rights or your obligations per these Terms of Service prior to cancellation. 

11.7.2 If your Account is canceled, closed or terminated for any reason, you may request the balance to be returned to an external account that you have maintained, including any linked external account. Allow at least fourteen (14) days for processing of such balance return. If Coba’s offering is canceled, closed, or terminated, Coba shall send you prior notice, in accordance with applicable law. Specific information and instructions, including how to convert and receive any remaining Account balance, will be included in the notice. 

11.8 Customer Service. For customer service or additional information regarding your Account, please contact Coba at: 

Email: support@coba.ai WhatsApp Chat: +1 (737) 260-0512

Brokerage accounts and cash management services are provided by Synapse Brokerage LLC. To report a complaint relating to the brokerage account and cash management services, email brokerage@synapsefi.com. 

11.9 Hours. Customer Service agents are available to answer your emails and chats:

Eastern Time: Monday through Friday: 7:00 AM – 11:00 PM. 

11.10 Binding Arbitration. PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT PROVIDES FOR MANDATORY ARBITRATION OF CONSUMER CLAIMS (SUBJECT TO SOME EXCEPTIONS), INSTEAD OF COURT PROCEEDINGS. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM BEFORE A JUDGE OR JURY IN COURT OR TO PARTICIPATE IN A CLASS ACTION PROCEEDING. RIGHTS YOU WOULD HAVE IN COURT THAT MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL. FEES AND EXPENSES OF ARBITRATION MAY BE HIGHER THAN THOSE ASSOCIATED WITH COURT PROCEEDINGS. THE ARBITRATOR’S DECISION WILL BE BINDING, EXCEPT AS PROVIDED BELOW. 

11.10.1 Agreement to Arbitrate. Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) these Terms of Service; ii) the Account or Services; iii) your use of the Account or Services; iv) the amount of funds Account; v) advertisements, promotions or oral or written statements related to the Account or Services; vi) the benefits and services related to the Account or Services; or vii) transactions made using Account or Services, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted in English by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration shall occur in Austin, Texas. 

11.10.2 ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. 

11.10.3 For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org. 

11.10.4 All determinations as to the scope, interpretation, enforceability and validity of these Terms of Service shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. 

11.10.5 NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. 

11.10.6 This arbitration provision shall survive: i) the termination of the Terms of Service; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity; or iv) closing of the Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

11.10.7 IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, EMAIL US AT [SUPPORT@COBA.AI] TO CLOSE THE ACCOUNT AND REQUEST A REFUND, IF APPLICABLE. 

11.10.8 Costs of Arbitration. You and we will be responsible for paying the fees of the arbitrator and any administrative fees charged by the Administrator according to the rules and procedures of the Administrator. Coba will also pay or reimburse you for all or part of other arbitration fees, if the arbitrator determines there is good reason to do so, and Coba will pay any fees and costs, which Coba is required to pay by law or by the rules and procedures of the Administrator. In addition, in the event that you receive an arbitration award that is greater than Coba’s last written settlement offer, the arbitrator shall have the discretion to require us to pay your attorneys’ fees and costs. Otherwise, each party will bear its own attorneys’ fees and costs, regardless of who prevails. 

11.10.9 The arbitrator’s decision is final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act. Costs will be allocated in the same way as costs are allocated in arbitration by a single arbitrator. A final and binding award is subject to judicial review only as provided by the Federal Arbitration Act. An arbitration award will be enforceable under the Federal Arbitration Act by any court having jurisdiction. 

11.11 Governing Law. These Terms of Service shall be governed by the laws of the State of Texas. 

11.12 Termination. Coba and Synapse may terminate, or close, deactivate, or block access to your Account at any time in their sole discretion. You will remain liable to Coba and Synapse for all obligations incurred in your Account, or otherwise, whether arising before or after termination. We and you may each terminate this relationship unilaterally at any time upon notice. You may terminate this relationship after paying any obligations owed upon written notice. These Terms of Service survive termination of your Account. To close your Account, please contact us. 

11.12.1 You understand and acknowledge that even after accepting these Terms of Service and opening an Account, we have the right to close your account and terminate this relationship, and you will have no right to compel us to grant access to the Services, either initially or after an Account is opened. 

11.12.2 IMPORTANT: If you terminate your relationship with Coba, the Account will automatically be closed. Upon closure, any remaining funds in the Account will be converted and returned to you in accordance with this Section. 

11.12.3 IMPORTANT: If the agreement between Coba and Synapse is terminated, this Account may be terminated. In this case, Coba shall send you a notice with the applicable procedures. Specific information and instructions, including how to receive any remaining Account balance, will be in the notice. We reserve the right to refuse to return any unused balance amount less than $1.00. 

11.12.4 Unless you are notified otherwise, upon termination, Coba will instruct Synapse to return any remaining funds in the Account in a check mailed to the address on file associated with the Account. Our and Synapse’s obligations to you will be fully satisfied by mailing a check in the appropriate amount to the address specified by Coba.

11.12.5 Return of Funds. If your Account is cancelled, closed or terminated for any reason, the unused balance will be returned to you either via ACH transfers to one of your external accounts on our records or via check (unless notified otherwise in writing by us) to the mailing address we have in our records. For security purposes, you may be required to supply identification, external account, and address verification documentation prior to issuing an ACH refund or refund check. Allow at least fourteen (14) days for processing of such balance return.


SCHEDULE OF FEES

Checking account

Account opening fee 

$20.00

Maintenance fee 

Free

Minimum account balance 

No minimum

Domestic and international transfers 

Sending money domestically in the US via ACH

$1.00 per transaction

International wire transfer fee

USD $45.00 per transaction

Domestic wire transfer fee

USD $25.00 per transaction

TRANSACTION LIMITS ANNEX 

Limits

Transaction Type 

Daily 

Monthly 

Yearly

Internal Transfers 

Unlimited 

Unlimited 

Unlimited

Account Number Subnet: Wire

Account Number 

Subnet: ACH Debit 

Account Number 

Subnet: ACH Credit

Account Number Subnet: IAT

$4,000 

$2,000

$6,000

$500

$16,000 

$8,000

$12,000

$2,000

$100,000 

$50,000

$120,000

$12,500

* Notwithstanding anything to the contrary in the Synapse Brokerage LLC Account Agreement, the limits included here are the lowest limits allowed for transactions. However, Coba reserves the right to allow you to transact higher volume than the limits defined herein at any time without prior notice. In certain cases, for security reasons, Coba may lower your limits upon notice to you at the time you attempt to initiate a transaction. Coba reserves the right to cancel or suspend transactions due to fraud or compliance related concerns.