E-Sign & Electronic Communications Notice

Your Consent to Electronic Delivery

You are applying to access Codego Products. If you consent to this E-Sign & Electronic Communications Notice (“Notice”) for Codego Products, it applies even if you do not obtain access to (or are not approved for) a Codego Product.

Your affirmative consent to this Notice (“Your Consent”) permits us to provide you with Communications electronically, enables you to sign and authorize Communications electronically through the use of dashboards or application platform interfaces provided by Codego (the “Platform”), and allows Codego and its partners to collect such electronic signatures and authorizations. If you do not consent to electronic delivery of Communications, you will not be able to use the Platform or access Codego Products. By using the Platform, registering for a Codego account, or accessing a Codego Product, you agree that such actions constitute Your Consent to us providing notices to you, your Company Administrators, and your Company Users, including in each case those required by law, and you agree to ensure that all Company Administrators and Company Users consent to receiving user notifications electronically. You understand that Your Consent has the same legal effect as a physical signature.

You have the right to receive legal disclosures, notices, and communications (together, the “Covered Items”) in paper form by mail, including, without limitation, servicing and collection Communications on your account, legal disclosures, notices and communications that Codego is required to provide in writing regarding your account. We may instead provide these Covered Items to you electronically if you: (1) give us Your Consent to do so and (2) satisfy the System Requirements (as defined below).

In this Notice:

• “Communications” means all disclosures, notices, agreements, amendments, statements, correspondence, and other information or documents that we are required or choose to provide to you in connection with any Codego Product, whether required by law or otherwise, including without limitation account opening disclosures, periodic statements, privacy notices, fee disclosures, and any other records relating to the servicing, collection, or administration of your account;
• “Company” means the company that is applying for or using a Codego Product, and is providing you access to such Codego Product;
• “Company Administrator” means an individual at Company with the authority to grant you access to a Codego Product;
• “Company User” means an individual authorized to use a Codego Product on Company’s behalf;
• “Codego” means Codego Europe SIA and any of its current or future subsidiaries, affiliates, successors, or assigns, together with its card-issuing partners.
• “Codego Products” means products or services offered by us, including, without limitation, virtual accounts, credit cards, prepaid cards, or Codego Spend accounts; and
• “we,” “us,” and “our” refer to Codego and our service providers.

Duration of Consent

Your Consent will remain effective until:

1. you or we have terminated your access to the Codego Products you are applying for; or
2. you opt-out of electronic communications.

If you terminate any Codego Product, your Consent will still continue with respect to the pre-termination rights of Codego (including rights created by Your Consent to this Notice). See your applicable user agreement for information on how to terminate your Codego Product.

Methods of Providing Covered Items

In this document, “provide” means to deliver, give, make available, send, notify of, present, or similar terms. We may provide the Covered Items electronically through files, including those in PDF format, downloaded from our website. It is your responsibility to review the Covered Items promptly, so you can take appropriate action.

Access to Paper Copies

You may make copies of the Covered Items by using the “print” or “save” functionality of the application in which you are viewing the Covered Items (e.g., Web browser, Adobe® Reader® software). We retain copies of the Covered Items for the time periods required by law and will provide you with copies upon request within those time periods. We do not necessarily retain copies for longer than is required by law. Save or print copies of Covered Items to ensure you have them when needed.

You may request a paper copy at no cost of any Covered Item by emailing us at [email protected].

Updating Your Contact Information

You agree to keep your electronic contact information current so that we can communicate with you electronically. If your email address or other electronic contact information changes, you must promptly update it by emailing us at [email protected]. If we send a Communication to the email address or other electronic contact information you have provided and it is returned as undeliverable, you may not receive future Communications until you update your contact information. We are not responsible for any Communications you fail to receive because your contact information is outdated or inaccurate.

Our Right to Send Paper

We reserve the right to provide the Covered Items in paper form at all times at our discretion even if you have given us Consent to provide it electronically. For example, but without limitation, we may do this if we have a system outage or if we suspect fraud.

Hardware and Software Requirements

To access and retain the Covered Items, you must have a computing or communications device with all of the following (the “System Requirements”):

• working Internet access,
• a Web browser that supports 128-bit encryption (we support the latest version of Chrome®, Firefox®, Microsoft Edge®, or Safari®),
• 16 MB of available memory (32 MB of available memory recommended), and
• a program that can view, save and print PDF files (such as Adobe® Reader® 4.0 or higher).

You can download Adobe® Reader® from Adobe’s website. By providing us your Consent, you confirm you meet the System Requirements.

If we change the hardware or software requirements needed to access or retain Covered Items in a way that creates a material risk you will be unable to access or retain subsequent electronic Communications, we will notify you of the revised requirements and your right to withdraw Your Consent at no cost. We will not send you further electronic Communications subject to the revised requirements until you have provided a new affirmative consent.

Withdrawing Your Consent

You are free to withdraw Your Consent at any time and at no charge to you. If you do withdraw Your Consent (“Your Withdrawal”) before you obtain access to or are approved for a Codego Product, Your Withdrawal will prevent you from receiving any of the benefits of Codego Products. If, at any time, you wish to withdraw Your Consent, you may do so by emailing us at [email protected]. Your Withdrawal will be deemed to be received and effective when we receive your email stating that you wish to withdraw Your Consent. Your Withdrawal will have no effect on the validity or enforceability of any prior electronic Communications.

Acknowledging Your Ability to Access and Consenting to Receive Electronic Communications

By providing Your Consent:

1. you confirm that you have read and agreed to the terms of this Notice;
2. you confirm that you have access to hardware and software that meets the System Requirements;
3. you agree to receive Covered Items electronically; and
4. you confirm that you are able to access, print, or store Covered Items provided to you.