Cluttr Inc. Cardholder Agreement and Terms of Service

Last Updated: -- Sept 2 2021

The following additional terms and conditions (“Terms”) apply if you use the Fuse Card and related Fuse Card Services.

This Cardholder Agreement (this “Agreement”) outlines the terms and conditions under which the Fuse Card has been issued to you by Patriot Bank, N.A.

NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING INDIVIDUAL ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR AT THE END OF THIS AGREEMENT.

A. Using the Services

1. Definitions

In this Agreement "you," and "your," refers to the individual, company or legal entity and/or entities that you represent. “Issuer” refers to Patriot Bank. “We”, “us”, “our” and “Fuse” refers to Cluttr Inc., and the Issuer. “Partner banks” refers to our bank partners that provide non-card financial services to us, such as the banks we may use to perform ACH debits or payment card acquiring transactions to fund your purchases. Depending on the context, “partner banks” may also include the Issuer.

The “Fuse Card Services” consist of Fuse software that provides you with the opportunity to apply for and use a Fuse Mastercard (“The Fuse Card”), including one or more virtual Fuse Mastercards cards, in connection with your Fuse Account. Fuse is not a bank and we do not offer banking services as defined by the United States Department of Treasury. You must open a Fuse Account before accessing the Fuse Card Services.

“Card” or “Fuse Card” means the Mastercard payment card issued to you by our partner bank. The Card is not a gift card, nor is it intended for gifting purposes. Funds are not stored on the Card or in any corresponding account, and your account with the Card Issuer is not interest bearing.

“Account” or “Fuse Account” is the software and services account offered by us. Your Account does not hold any funds. Instead, all funds are received and held by our bank partners.

2. About the Program

By using the Fuse Card Services, you agree to be bound by the Fuse Terms of Services (www.letsfuse.com/terms), this Cardholder agreement (“Fuse Cardholder Agreement and Terms of Service”), and all other terms, policies and guidelines applicable to the Services used (including but not limited to the Fuse Privacy Policy: www.letsfuse.com/privacy).

This Fuse Card will be linked to your Fuse Account and funded by an account you own and control at a U.S. depository institution (“Funding Account”). Purchases made with your Fuse Card will automatically be listed in the Transactions tab. You will be responsible to immediately settle with Fuse and prefund the cost of the purchases you make using the Fuse Card. To assist you with this obligation, one of our bank partners will debit your Funding Account in an amount equal to each Card transaction and applicable fees.

3. Fees

The following fees are assessed on your use of the Fuse Card.

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Your purchases may be subject to additional fees from your Funding Account provider or from individual merchants. These fees are not assessed or received by Fuse and are not included in the above list.

4. Requirements to use the Card Services

In order to access the Fuse Card Services, you represent that: