Terms of Application

By indicating your agreement to these Terms of Application (for example, by clicking an “I Agree” button or similar action), you, in your individual capacity and on behalf of the business entity identified in the application (collectively, the “Applicant”), represent and agree to the following:

• Authority and Consent: You are authorized to act on behalf of yourself and the Applicant to submit this application, to provide all accompanying documents, and to give the consents and authorizations described in these terms.

• Multiple Recipients: You are submitting this application to Upwise Capital, LLC (together with its affiliates, “Upwise”) and to third-party lenders, finance companies, or other parties that provide business financing (collectively, “Funding Partners”). Upwise and its Funding Partners will evaluate your application for credit or financing.

• Signing Authority: If this application leads to an approval of financing, you are authorized to execute all necessary financing agreements on behalf of the Applicant. You acknowledge that certain business financing products may require you to sign a personal guaranty.

• Accuracy of Information: All information you provide to Upwise or any Funding Partner in connection with this application is true, accurate, and complete to the best of your knowledge. You agree to promptly notify Upwise of any changes to such information. Upwise and Funding Partners are entitled to rely on the accuracy and completeness of the information provided.

• Information Sharing with Partners: You agree that Upwise may share all information and documents you provide (excluding any consumer credit report information) with Funding Partners as needed to process and fulfill the Applicant’s financing requests.

• Use of Information for Servicing and Marketing: You agree that Upwise and the Funding Partners may share information they obtain about you and the Applicant with each other at any time for lawful administrative, marketing, and servicing purposes. You further understand that your personal information may be shared with the Applicant (the business) as part of the underwriting and credit evaluation process.

• Release of Information Claims: You and the Applicant waive and release any claims against any financial institutions, credit bureaus, or other information providers that supply information to Upwise or Funding Partners as part of this application process.

• Credit Authorization: You agree to and accept the terms of Upwise Capital’s Credit Gathering Authorization, incorporated herein by reference, which includes permission for Upwise and its Funding Partners to obtain your personal and business credit information (such as credit reports) in connection with this application.

Dispute Resolution by Arbitration

Agreement to Arbitrate: In the interest of resolving any disputes in the most expedient and cost-effective manner, you and Upwise agree that any and all disputes or claims arising out of or relating to this application or any resulting financial products shall be resolved by binding arbitration on an individual basis, rather than in court. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to, claims arising from or relating to your relationship with Upwise or its Funding Partners, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

Exceptions to Arbitration: Despite the above, nothing in these Terms shall be deemed to waive or preclude either party’s right to (i) pursue enforcement actions through an applicable federal, state, or local agency (where such actions are available), (ii) seek provisional or injunctive relief in a court of law for claims related to intellectual property infringement or other proprietary rights, or (iii) bring an individual action in small claims court if the dispute qualifies.

Arbitration Procedure and Forum: Any arbitration between us will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA’s rules and forms are available at http://www.adr.org or by calling the AAA. A single neutral arbitrator will conduct the arbitration.

Opt-Out Right: If you do not wish to be bound by this arbitration agreement, you have the right to opt out. To do so, you must send a written Opt-Out Notice via mail to Upwise Capital, Attn: Legal Department, 1110 2nd Avenue, Suite 201, New York, NY 10022 within 30 days of the date you first agree to these Terms