Policies

Revised 08/2023

Electronic Communications Disclosure and Agreement

This Electronic Communications Disclosure and Agreement (“Disclosure”) applies to all communications related to the Kudzu® Account and Kudzu Savings Account products (“Accounts”) and accompanying services available through kudzumoney.com (the “Website”) and/or our mobile application (collectively, the “Products and Services”). This Disclosure supplements and is to be construed in accordance with the terms of the Account Agreement (“Agreement”) you received when you obtained the Accounts.



“We,” “us,” and “our” refer to Kudzu Money, LLC, and The Bancorp Bank, N.A., Member FDIC. “You” and “your” refers to the person(s) who are obtaining or accessing the Products and Services and to whom Communications are authorized or required to be delivered. “Communication(s)” means the Agreement and any other customer agreement or amendments thereto; disclosures; notices; responses to claims; transaction history or statements (if applicable); privacy policy; and all other information related to the Products and Services, including but not limited to information that we are required by law to provide you in writing.



By agreeing to and accepting this Disclosure you acknowledge you will receive all Communications in electronic form, rather than in paper form. The Products and Services are intended for use only by person(s) who are willing and able to receive Communications exclusively electronically through the methods indicated below. If you do not agree to receive the legally-required notices and communications described herein in electronic and not paper form, then you may not use the Products and Services.



1. Scope of Communications to Be Provided in Electronic Form. 
Communications that may be delivered electronically include, but are not limited to:

• All legal and regulatory disclosures and communications associated with the Products and Services;

• The Agreement and any notices about changes in terms;

• Periodic statements and/or transaction histories (if applicable);

• Privacy policies and notices;

• Responses to claims filed in connection with the Products and Services;

• Notices regarding the Account, including insufficient funds or negative balances; 

• All other communications between us and you concerning the Products and Services.


2. Method of Providing Communications in Electronic Form. All Communications that we provide in electronic form will be provided via (1) E-mail or (2) the Website, or (3) through the mobile app.




3. How to Withdraw Consent. You may withdraw consent to receive Communications in electronic form by calling 1-855-751-0025 or emailing support@kudzumoney.com. If you withdraw consent, the Account will be closed in accordance with the terms of the Agreement, and you will no longer have access to any Products and Services. The legal validity and enforceability of prior Communications delivered in electronic form will not be affected.




4. How to Update Records. It is your responsibility to provide us with a true, accurate and complete E-mail address and other contact information related to this Disclosure and the Products and Services, and to maintain and update promptly any changes in this information. You can update information (such as the E-mail address) through the Website, mobile app or by calling 1-855-751-0025. We are not responsible for any delay or failure in the receipt of the Communications if we send the Communications to the contact information we have on file for you.

5. Hardware and Software Requirements. In order to access, view, and retain electronic Communications, you must have

• an Internet browser that supports 128 bit encryption, which requires Windows 2000 or later version running Firefox version 3.0 or higher, or Macintosh OSX 10.2 or higher running Safari web browser. Your access to this page verifies that your browser and encryption software/device meets these requirements;

• sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;

  an active E-mail account with an Internet service provider and e-mail software;

• a personal computer (for PC’s: Pentium 120 MHz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor: 120-MHz Base or higher), operating system and text-formatted email or by access to our web site using one of the browsers specified above;

• Adobe Reader version 9.0 or higher


We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial change in these requirements, you will be notified of the changes accordingly.

6. Requesting Paper Copies. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically by this Disclosure. You can obtain a paper copy of an electronic Communication by printing it or by requesting that we mail a paper copy. To request a paper copy, contact us by calling 1-855-751-0025 or emailing support@kudzumoney.com. There may be a fee associated with the request for the delivery of paper copies of any Communication provided

7. Communications in Writing. By accepting this Disclosure, all Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download a copy of this Disclosure and any other Communications.

8. Federal Law. You acknowledge and agree that consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our mutual ability to conduct business by electronic means.

9. Termination/Changes. We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.

10. Consent. By agreeing to this Disclosure, you are indicating your electronic signature as acknowledgment and acceptance of these terms, and you give us your affirmative consent to receive electronic Communications as described herein. You further agree that your computer or other access device satisfies the hardware and software requirements specified above, and that you have provided us with your current E-mail address to which we may send you electronic Communications.

Revised 12/2022

Bancorp Privacy Notice

The Bancorp Bank, N.A., Consumer Privacy Policy

Facts	What does The Bancorp Bank, N.A. (“The Bancorp”) do with your personal information?
Why?	Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?	The types of personal information we collect, and share depend on the product or service you have with us. This information can include: • Social Security number and income • Account balances and transaction history • Credit history and credit scores When you are no longer our customer, we continue to share your information as described in this notice.
How?	All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons The Bancorp chooses to share; and whether you can limit this sharing.

Revised 07/2023

User Agreement

Please read these terms carefully before using this website or the Kudzu® Mobile App.

The terms “we,” “us,” and “our” mean Kudzu Money, LLC (“Kudzu”); our affiliates, directors, officers, or employees. The terms “you” and “user” mean any visitor to our website or the Kudzu Mobile App (“Site”).

By accessing this Site and any of its pages, you are indicating you have read, acknowledge, and agree to these Kudzu Terms of Use (“Terms”). If you do not agree to these Terms of Use, do not access this Site.

We reserve the right to change these Terms. You are responsible for reviewing these Terms and any such changes. Your continued use of this Site constitutes agreement to all such changes.

Certain sections or pages of this Site may contain separate terms and conditions, which are in addition to these Terms. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.

Unauthorized use of the Site, including, but not limited to unauthorized entry into our systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden, or impair any site or service of Kudzu Money or interfere with any other party’s use and enjoyment of any site or service of Kudzu Money. You may not attempt to gain unauthorized access to any Kudzu Money site, service, computer systems, or networks connected to any site or service of Kudzu Money, through hacking, password mining, or any other means. You agree that you will not engage in any activities related to the Site that are contrary to applicable laws or regulations.

We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to change, improve, or correct the information, materials, and descriptions on this Site and to suspend and/or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements, or corrections. The information and materials on this Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend any such information. We may discontinue or change any product or service described in or offered on this Site at any time.

From time to time, links may be established between the Site and web sites operated by, or content provided from third parties. For purposes of these Terms, the term “link” includes both hypertext links to external websites or content, and hypertext links that draw material from other sources into the Site. Except to the extent we expressly state otherwise, we have no control over any third-party websites. In addition, from time to time, products and services provided by third parties may be offered for sale or made available through links from this Site: any such offer does not constitute an endorsement by us of the products or services or the providers. In no event will we have any liability related to any third-party website, products, or services.

Although we attempt to provide useful information, we do not guarantee the information posted on or linked to the Site is accurate, current, or suitable for any particular purpose. We assume no obligation to update or continue to post or link to the information.

We do not guarantee uninterrupted access to the Site, or that the Site cannot be tampered with by third parties. While we have implemented security measures designed to protect most information sent to the Site, we do not guarantee that information sent to the Site will not be obtained, reviewed, disclosed, or tampered with by third parties.

THE SITE, ANY POSTED OR LINKED INFORMATION, AND ANY RELATED SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR ACCURACY, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE SITE, AND ANY ASSOCIATED INFORMATION AND SOFTWARE, IS AT YOUR SOLE RISK.

NEITHER WE, NOR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE INFORMATION AT THIS SITE, NOR THE OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES OF THE FOREGOING, WILL BE LIABLE IN ANY WAY FOR ANY DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THIS SITE, OR USE OF THIS SITE OR A LINKED SITE, WHETHER OR NOT WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES BUT IS NOT LIMITED TO THE TRANSMISSION OF ANY VIRUSES, DATA, OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT; ANY INCOMPATABILITY BETWEEN THE SITE’S FILES AND YOUR BROWSER OR OTHER PROGRAM USED TO ACCESS THE SITE; ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION, OR CONNECTION LINES; UNAUTHORIZED ACCESS; THEFT; OPERATOR ERRORS; OR FORCE MAJEURE. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE OR A LINKED SITE. WE DO NOT ALWAYS INVESTIGATE, VERIFY, MONITOR, OR ENDORSE THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND LINKS PROVIDED BY THE OPERATORS OF A LINKED SITE.

These Terms will be construed in accordance with the substantive laws of the State of Georgia, excluding provisions concerning choice of law that would result in the laws of another state being applied. Any claims, actions, or proceedings related to a web site of Kudzu or these Terms must be brought in the Federal District Court for the Northern District of Georgia. By using the Site you agree to submit to the jurisdiction of said court for such purposes. WE OPERATE THE SITE FROM OUR OFFICES IN THE STATE OF GEORGIA IN THE UNITED STATES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED IN OR LINKED TO THE SITE IS APPROPRIATE OR LEGALLY AVAILABLE FOR DISTRIBUTION, DISPLAY, OR USE IN LOCATIONS OTHER THAN THE UNITED STATES, AND ACCESS TO SUCH INFORMATION FROM JURISDICTIONS WHERE SUCH ACTIVITIES ARE NOT LEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS OR USE ANY INFORMATION FROM OR THROUGH THE SITE YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT SUCH ACCESS AND USE IS PERMISSIBLE UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

This Site is for your personal and non-commercial use only. You may print, copy, and download any information or part of the Site for your personal use only. The materials at this Site are copyrighted and any unauthorized use of the materials may violate copyright, trademark, and other laws. This means the materials are protected by worldwide copyright laws and treaties. The materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, displayed, performed, licensed, framed, used to create derivative works, transferred, or distributed without our prior written approval. If you are in breach of any of these Terms, we may terminate this limited license. Upon termination, you must immediately destroy those materials in your possession.

Any waiver of any part of these Terms shall not be a waiver of any other right, term, or part of these Terms. If any part of these Terms shall be or become wholly or partially invalid, illegal, or unenforceable, such part shall be enforced to the extent it is legal and valid, and the validity, legality, and enforceability of the remaining parts shall not be affected or impaired.

Kudzu, Kudzu logo, and other Kudzu trademarks and service marks are trademarks and service marks of Kudzu Money, LLC. The names and logos of other companies and third-party products and services appearing on the Site may be the trademarks and service marks of their respective owners. You may not use any trademarks or service marks for any purpose, including but not limited to, use as metatags on other pages or sites without our prior written approval or the approval of the third party which may be the owner of the marks.

Revised 08/2023

Kudzu Privacy Policy

Facts	What What does Kudzu Money, LLC (“Kudzu”) do with your personal information? The Bancorp Bank, N.A. (“The Bancorp”) do with your personal information?
Why?	Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?	The types of personal information we collect, and share depend on the product or service you have with us. This information can include: • Social Security number and income • Account balances and transaction history • Credit history and credit scores When you are no longer our customer, we continue to share your information as described in this notice.
How?	All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Kudzu chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information	Does Kudzu Share?	Can you limit this sharing?
For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus	Yes	No
For our marketing purposes— to offer our products and services to you	Yes	No
For joint marketing with other financial companies	No	We don’t share
For our affiliates’ everyday business purposes— ‍information about your transactions and experiences	No	We don’t share
For our affiliates’ everyday business purposes— information about your creditworthiness	No	We don’t share
For nonaffiliates to market to you	No	We don’t share

Questions?
Call us, toll-free, at 1-855-751-0025, email us at support@kudzumoney.com, or visit us at kudzumoney.com.

What We Do
How does Kudzu protect my personal information?	To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also limit access to information to those employees for whom access is necessary.
How does Kudzu collect my personal information?	We collect your personal information, for example, when you • open an account or apply for a loan • pay your bills or make a wire transfer • provide account information We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can’t I limit all sharing?	Federal law gives you the right to limit only • sharing for affiliates’ everyday business purposes— information about your creditworthiness • affiliates from using your information to market to you • sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing.

Definitions
Affiliates	Companies related by common ownership or control. They can be financial and nonfinancial companies. • Our affiliates include companies such as PayPerks® and Systems and Methods, Inc. (SMI).
Nonaffiliates	Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Kudzu does not share with nonaffiliates so they can market to you.
Joint Marketing	A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • Kudzu doesn’t jointly market.

Other Important Information
Vermont Residents	In accordance with Vermont law, we will not share personal information about you other than transaction experience information, with other Kudzu companies or affiliates, nor will we share any personal financial information about you with other Kudzu companies for marketing purposes.c. (SMI).
Nevada Residents	Nevada law requires that we provide you with the following contact information: Bureau of Consumer Protection Office of the Nevada Attorney General 555 E. Washington Ave., Suite 3900 Las Vegas, NV 89101 Phone number: 702-486-3132 Email: agInfo@ag.nv.gov
California Residents	Effective January 1, 2020, the California Consumer Act of 2018 (the “CCPA”) permits consumers who are California residents to ask businesses covered under the CCPA about personal information it has collected about the consumer, submit an access or deletion request, and opt-out of the sale of personal information, if applicable. • You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. We have not sold any of your personal information in the last 12 months. • You have the right to request access to or that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records or provide it to you, as applicable, unless an exception applies. If you have any questions or comments about this notice, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: 1-855-751-0025 or by mail at Kudzu Money, LLC PO Box 2489 Carrollton, GA 30112 We will not discriminate against you for exercising any of your CCPA rights.

Revised 03/2024

Kudzu Deposit Account Agreement

PLEASE READ THIS DOCUMENT CAREFULLY

TABLE OF CONTENTS

‍A. OUR AGREEMENT

B. GENERAL RULES GOVERNING THE ACCOUNT

C. TRANSACTIONS ON THE ACCOUNT

D. SCHEDULE OF FEES

E. REMOTE CHECK DEPOSIT

F. FUNDS AVAILABILITY POLICY

G. TRUTH IN SAVINGS

H. ADDITIONAL DISCLOSURES

I. ARBITRATION

A. OUR AGREEMENT

This Account Agreement (“Agreement”) sets forth the terms and conditions under which the Kudzu Account (“Deposit Account” or “Account”) and its associated debit card (“Card”) has been issued to you by The Bancorp Bank, N.A., Member FDIC (“Bank”). By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. Please read this carefully and retain it for future reference. This Account Agreement is revised periodically, so it may include changes from earlier versions. By providing written or electronic signature on a signature card or opening, or continuing to hold an account with us, you agree to the most recent version of this Agreement, which is available to you at
‍https://www.kudzumoney.com/policies/#kudzu-deposit-accounts-agreement or through the mobile app in the Main Menu then Documents then Privacy & Legal. “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean the Bank, our successors, affiliates, or assignees, and as applicable, the Program Manager. “Program Manager” means Kudzu Money, LLC (“Kudzu”), the entity providing certain services for sponsoring and/or managing the Account on our behalf.

The Account is accessed through http://account.kudzumoney.com (the “Website”) and through the mobile application (the “Mobile App”). You are responsible for providing us with a correct and operational email address. You must promptly notify us of any change to its contact information, or if you are unable to access the Account information. Neither the Bank nor Program Manager will be liable for any adverse effects to the Account as a result of undelivered mail or email or your inability to access Account information through the Website or Mobile App due to a failure to promptly notify us of a change to your email or postal mailing address.

Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise. Any references to “months” found in this Agreement are a consecutive thirty (30) day period, unless indicated otherwise. From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
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1. Customer Care
For assistance or additional information regarding the Account, please contact “Customer Care” at the “Address,” “Phone Number,” or “Website” below:

www.kudzumoney.com

Kudzu Mobile App

Kudzu
P.O Box 2489, Carrollton, GA 30112

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

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

Dispute agents that can assist you to report unauthorized transactions are available to answer your calls Monday through Friday, 6 a.m. to 6 p.m. MT (holidays excluded).

‍2. Consent to the Terms of this Agreement
By submitting an application or using services provided by the Bank, you are agreeing to the terms and conditions of the Account and the Schedule of Fees that is associated with the Account. The disclosures provided when the Account application was completed, additional disclosures provided to you that are applicable to additional products and services; periodic statements, user guides; the privacy policy; and any other disclosures or terms we provide are considered part of this Agreement. Continued use of the Account also means your ongoing agreement to this Agreement. By continuing to use this Agreement, you further agree to pay fees due and outstanding associated with the Account, including giving us the right to collect such fees directly from the balance of the Account. You are responsible for the accuracy and completeness of all information supplied to us in connection with the Account and/or its services. You agree to comply with all laws applicable to this Agreement, including regulations or ordinances, and orders of governmental and governing authorities, federal and state privacy laws, and anti-money laundering laws.

B. GENERAL RULES GOVERNING THE ACCOUNT

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

1. Opening the Account
Important information about procedures for opening a new Account. 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 open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.

We may use information from third parties to help us determine if we should open your Account.
‍
2. Cellular Phone Contact Policy
By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later connect to a cellular device, you are expressly consenting to receiving calls and messages, including but not limited to prerecorded or artificial voice message calls, SMS (including text messages), and calls made by an automatic telephone dialing system-from us, our affiliates, agents, and others calling at our request at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider according to the type of plan you carry.
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3. Demand Deposit Account
Your Account consists of the online transaction demand deposit account used to make payments and transfers to third parties online or through the use of a Kudzu Visa® Debit Card (“Card”) that is automatically issued with the Account. The Account is intended for personal, family, or household use, and not for any business purpose. We may close the Account if we discover it is being used for business purposes. We may refuse to process any transaction(s) that we believe may violate the terms of this Agreement. The Account may only be owned and titled in the name of one person who may deposit, transfer, or withdraw funds. The Account cannot be owned or titled jointly, by an organization or corporation, as Payable on Death (“POD”) or “In Trust For” (“ITF”).

4. Authorized Use
You are responsible for all authorized transactions initiated and fees incurred by use of the Card or Account. If an individual is permitted access to a Card, Card number(s), Account number(s) or PIN, we will treat this as if you have authorized such use, and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of the Account according to the terms and conditions of this Agreement.

5. Death or Incapacitation
You or your appointed party, designee, or appointed individual agree to notify us promptly if you die or become legally incapacitated. We will continue to accept deposits and process transaction instructions into and from your Account until we are: (a) notified of your death or adjudication of incompetency, and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death we may pay or process transactions 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. We may require additional documentation to confirm any claims made on the Account or its funds.
‍
6. Power of Attorney
You may give another person authority to make transactions on your Account by giving power of attorney authority to another individual (“Power of Attorney”). The account owner and person executing Power of Attorney over a deposit account is known as the “Principal.” The person granted Power of Attorney for the Principal is known as the “Agent.” We may refuse to accept a Power of Attorney for reasonable cause, and we may require the 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, the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Principal is responsible to provide us with any information if an affidavit presented to us is untrue or misleading or if the Agent exceeds the authority granted by the Principal in the Power of Attorney. The Agent is required to notify us in writing if the Principal dies or is declared incompetent. The Power of Attorney will continue in force until a) we receive written revocation from the Principal; b) we receive written notification of the Principal’s death, or c) we receive written notification of the death or incapacity of the Agent.

7. Privacy Policy
Our privacy notice is available at https://kudzumoney.com/policies/#bancorp-privacy-notice and is considered part of this Agreement. The Program Manager’s Privacy Policy is available at https://www.kudzumoney.com/policies/#kudzu-privacy-policy and is considered part of this Agreement.

8. Deposits to the Account
You may make deposits to your Account using any of these methods:

Transaction Types and Frequency and/or Dollar Limits¹:

Transaction Type	Frequency and/or Dollar Limits1
Max Balance	$250,000.00
Direct Deposits or ACH Transfers2	No limit to the number of times per day $0.01 – $250,000.00 per day
Cash Transfers3*	4 times per day $2,500.00 per load; $20,000.00 per month
Deposits using an external debit card (no gift cards or credit cards) from an outside financial institution*	No limit to the number of times per day $0.01 – $250,000.00 per day
Mobile Check Deposit	5 times per day, up to 10 times per month, $5.00 – $5,000.00 per check, up to $5,000.00 per week, up to $15,000.00 per month

1The “per day” cutoff time for Frequency and/or Dollar Limits is midnight MT. “Per month” means a consecutive thirty (30) day period. “Per week” means consecutive seven (7) day period. 2Direct deposits or ACH Transfers: The recipient’s name on any such deposits we receive must match the name of the Accountholder. Any such deposits received in a name other than the name registered to the Account will be returned to the originator. 3Third party money transfer providers may impose their own transaction, daily, weekly, or monthly limits on the frequency or amount of cash you can transfer to your Account. *Usually Available within two (2) hours after loading at Visa ReadyLink locations. Third party money transfer services used to deposit or transfer funds to your Account may impose their own terms, fees, per transaction, daily, weekly, or monthly limits on the frequency or amount of cash you may deposit or transfer. When you deposit cash, the funds are transferred by a third party to the Bank. The funds will be FDIC insured once we receive the funds from the third party.

Preauthorized Credits: If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same person or company, login to the Mobile App or Website to find out if the deposit has been made.

9. No Cash, Paper Checks or Foreign Currency
We are not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us.

• Cash—We do not accept deposits made in cash. If you mail a cash deposit, the cash will be sent back to the address we have for you on file.
• Paper Checks—Personal checks, cashiers checks, and money orders may not be deposited by mail. All checks and money orders sent to us for deposit will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be deposited to the Account at our discretion.
• Foreign Currency—We do not accept deposits in foreign currency. Any deposits received in foreign currency, cash, or check; will be sent back to the address we have for you on file.

10. Deposit Corrections
If funds are incorrectly deposited or transferred into the Account, we may correct the situation by deducting the amount of the erroneous deposit from the Account without prior notice to you.

11. PayPerks® for Kudzu
When you activate your Card, you are automatically eligible to enroll in the PayPerks Rewards Program. Once you opt in to PayPerks from the Mobile App or Website, you are immediately eligible to earn points on transactions and/or deposits made with your Card or Card number. Please see the Official Sweepstakes Rules for further information at https://www.kudzumoney.com/policies/#official-sweepstakes-rules. PayPerks® is a Kudzu program and The Bancorp Bank, N.A., Member FDIC is not affiliated with PayPerks, nor does Bancorp endorse or sponsor PayPerks.’

C. TRANSACTIONS ON THE ACCOUNT

The following terms are used to describe Electronic Funds Transfer (“EFT”) services. “Automated credits” or “direct deposits” are deposits made to the Account by electronic means. “Automated debits” and “automated payments” indicate payments authorized by you to be made from the Account by electronic means. When you accept direct deposits or authorize automatic payments/debits or transfers to or from the Account, the following special terms and conditions apply.
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1. Types of Electronic Funds Transfers Available

• 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.
• You may authorize another party, such as a merchant, to make a one-time or recurring payment(s) using the Account and bank routing numbers, directly from your Account subject to the established limitations on withdrawals and transfers.
• You may also direct that funds be transferred from your Account to an optional Savings Account and transfers made to other external accounts you own using the transfer option in the Mobile App or Website.
• You may use the Card to make purchases at merchants that accept the Card or to obtain cash at ATMs, Over The Counter cash and, subject to availability, cash back at POS terminals.

2. Cut-off Time
The cut-off time for scheduling ACH transfers is midnight Mountain Time. Any transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day.

3. Cards
You acknowledge and agree that the funds accessible through use of the Card is limited to the available funds of the Account. You agree to sign the back of your Card immediately upon receipt. The Card is the property of the Bank and must be surrendered upon demand. The Card is nontransferable and it may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law. You must activate your Card before it can be used. To do so, please visit  https://account.kudzumoney.com,  or call Customer Care.

The Account and associated Card are available to citizens and permanent residents of the fifty (50) United States (“U.S.”) and the District of Columbia who are at least 18 years of age with a valid Social Security number. You must agree to accept electronic, rather than paper statements. This means; (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (such as end-of-year tax forms and electronic statements).
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4. Personal Identification Number (“PIN”)
You will not receive a PIN with your Card. However, you will be prompted to select a PIN when you activate your Card.

You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately.
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5. ACH Debits
An “ACH Debit” transaction is a debit via automated clearinghouse directly from your Deposit Account transferred to another bank account.  Kudzu will enforce limits with respect to ACH Debit activity on Accounts.   Funds will be held for a minimum of three business days for all ACH Debits processed in the Mobile App or Website.

6. Transaction Limits
With your PIN, you may use the Card to obtain cash from your Account at any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Visa®, Interlink®, Plus®, STAR®, Allpoint® acceptance mark(s). All ATM transactions are treated as cash withdrawal transactions. You may use the Card at an ATM and withdraw funds at a participating bank (Over The Counter “OTC” withdrawals). These are the itemized cash access and spending limits for your Account or Card. Any funds withdrawn from a POS device will be subject to the maximum amount that can be spent on your Card per day.

Transaction Type	Frequency and/or Dollar Limits1**
Card POS Signature/PIN Transactions	No limit to the number of times per day; up to $4,000.00 per day, $18,000 per month
Cash Withdrawal (ATM)*	4 times per day, up to $800.00 per transaction, up to $2,000.00 per day, up to $20,000.00 per month
Cash Withdrawal International (ATM)*	4 times per day, up to $800.00 per transaction, up to $2,000.00 per day, up to $20,000.00 per month
Cash Back at POS*	No limit to the number of times per day, up to $500.00 per day, up to $3,000.00 per month
Over the Counter Withdrawal	8 times per month, up to $20,000.00 per transaction, up to $20,000.00 per day, up to $20,000.00 per month
Cash Withdrawal (International Over the Counter)*	8 times per month, up to $1,500.00 per transaction, up to $1,500.00 per day, up to $20,000.00 per month
ACH Debit transactions	Accounts open less than 30 days are allowed to process ACH Debits totaling $200.00, with a maximum of two (2) debit transactions for the first 30 days. Accounts open more than 30 days are allowed to process ACH Debits totaling $1,000.00 with a maximum of five (5) transactions per month.

1The “per day” cutoff time for Frequency and/or Dollar Limits is midnight MT. “Per month” means a consecutive thirty (30) day period. *ATM owner-operators, merchants, and participating banks may impose their own fees and lower limits on cash withdrawals. Fees imposed by ATM and POS device owner-operators, merchants, participating banks as well as cash withdrawal fees (Section labeled “SCHEDULE OF FEES” below) count toward your daily limit. **Limits may change based on the length of time the Account has been open, transaction history and overall Account standing.

You may purchase or lease goods or services everywhere Visa debit cards are accepted as long as restrictions (see examples described below) do not apply. Each time the Card is used, you authorize us to reduce the value available in Account by the amount of the transaction and any applicable fees. If the 16-digit Card number is used without presenting Card (such as for a mail order, telephone, or internet purchase), the legal effect will be the same as if Card itself had been used. Some merchants do not allow customers to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Deposit Account. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.
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For security reasons, we may, with or without prior notice, limit the type, amount, or number of transactions you can make with Card. We may also exercise additional restrictions which include but are not limited to: restricted geographic or merchant locations where there is a higher risk of fraud or illegal activity; restrictions to comply with laws or to limit our liability; and other restrictions to prevent fraud and other losses. You may not use your Card for any illegal transaction.
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7. Preauthorized Transfers
Right to Stop Payment and Procedure for Doing So: If you have arranged in advance to make regular payments out of your Account, you can stop any of these payments. Here’s how: you should first contact the applicable merchant or third-party service provider to cancel the recurring payment. If the merchant or service provider with whom you have arranged recurring payments from your Account is unable or unwilling to stop your payment, contact Customer Care, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.

Notice of Varying Amounts: If these regular payments may vary in amount, the person you are going to pay may tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for Failure to Stop Payment of Preauthorized Transfer: If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

If you use your Card at an automated fuel dispenser (“pay at the pump”), the transaction may be preauthorized for an amount up to $100.00 or more. If your Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the transaction may be preauthorized for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. A preauthorization will place a “hold” on those available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
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You do not have the right to stop payment on a single purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make the purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.
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8. Non-Visa Debit Transactions
Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on another network. If you do not enter a PIN, transactions may be processed as either a Visa debit transaction or on another network transaction. Should you choose to use a non-Visa network when making a transaction without a PIN, different terms may apply.
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To initiate a Visa debit transaction at a point-of-sale, swipe the Card through the POS terminal, sign the receipt, or provide your 16-digit Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your 16-digit Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.
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9. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Card for such refunds and agree to the refund policy of that merchant. Any Merchant disputes, returns, or refunds must be addressed and handled directly with the merchant from whom the transaction posted or those goods or services were provided. We are not responsible for the delivery, quality, safety, legality or any other aspects of goods or services you purchase from others with a Card.

10. Card Expiration and Replacement
Your Card will expire no sooner than the date printed on the back of the Card. You will not be able to use your Card after the expiration date. If you have an active Account in good standing, a replacement Card will automatically be mailed to you prior to the expiration of the soon-to-expire Card.

If you need a replacement Card for any reason other than the Card’s expiration, you may request one at any time by accessing http://account.kudzumoney.com or by calling Customer Care. There is no fee to replace an expired Card; however, there will be a $20.00 fee if you opt for Expedited Shipping Fee. For information about the fee, see the Section labeled “SCHEDULE OF FEES.”

11. Foreign Transactions
You may purchase or lease goods or services everywhere Visa debit cards, Interlink cards, and STAR cards are accepted as long as you do not exceed the available value in the Account, and other restrictions (see examples described below) do not apply. If you make a purchase in a currency other than the currency in which the Card was issued, the amount deducted from the funds will be converted by Visa into an amount in the currency of the Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa  from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date.

12. Receipts
You should get a receipt at the time of a transaction using the Card. You are responsible for retaining, verifying, and reconciling all transactions and receipts.

13. Negative Balances
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 can refuse to process the payment or withdrawal. If your balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Account has a negative balance for an extended period of time and you have another account with us, we reserve the right to exercise our right to set off. See the “Right to Set Off” Section below for details. If your Account has a negative balance for ninety (90) calendar days or more it will be closed.

14. Right to Set Off
If your Account balance becomes and remains negative for fifteen (15) days, we can use the funds in any of your accounts to repay the amount owed on the negative balance. This means, we have the right to set-off any liability, direct or contingent, past, present, or future that you owe against any account you have with us. Further, you grant us a lien on and security interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to us, now or in the future. We will notify you if we have exercised our right to set off.

15. Periodic Statements
Electronic statements are available to view and print at https://account.kudzumoney.com.

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

17. Our Liability for Failure To Complete Transactions
If we do not properly complete a transaction from your Account or Card on time or in the correct amount according to our Agreement with you; we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If through no fault of ours, you do not have enough funds available in your Account to complete the transaction;
(2) If a merchant refuses to accept your Card or Account number;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you imitated the transaction;
(5) If access to your Card or Account has been blocked after you reported your Card or Account number lost or stolen;
(6) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
(9) Any other exception stated in our Agreement with you.

18. Your Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Card, PIN, or Account number has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within 2 business days after you learn of the loss or theft of your Card, PIN, or Account number, you can lose no more than $50 if someone used your Card, PIN, or Account number without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card, PIN, or Account number, and we can prove we could have stopped someone from using your Card, PIN, or Account number without your permission if you had told us, you could lose as much as $500.

Also, if your electronic statement shows transfers that you did not make, including those made by Card, PIN, or Account number or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told 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.

Under Visa Core Rules, your liability for unauthorized Visa debit transactions on your Card is $0.00 if you are not negligent or fraudulent in the handling of your Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). You must notify us immediately of any unauthorized use.

19. Information About Your Right to Dispute Errors
In case of errors or questions about your electronic transactions, contact Customer Care if you think your statement or receipt is wrong or if you need more information about a transaction listed in the statement or receipt. We must hear from you no later than sixty (60) days after we provided the FIRST statement on which the problem or error appeared. You will need to tell us:
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(1) Your name, Account number and/or 16-digit Card number;
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and,
(3) the dollar amount of the suspected error.
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If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.

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 do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Account.

For errors involving new Account, POS transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documentation used in the investigation may be obtained by contacting us at the phone number or address shown at the beginning of this section.

D. SCHEDULE OF FEES

All fees incurred will be deducted from your Account balance, except where prohibited by law. In the event your Account balance is less than the fee amount being assessed, the entire Account balance will be applied to the fee amount, and any unpaid fee amounts MAY RESULT IN THE FEE BEING PENDED UNTIL A DEPOSIT IS RECEIVED, AT WHICH TIME THE FEE AMOUNT WILL BE DEDUCTED FROM YOUR ACCOUNT. If there is a Pended Fee on your Account, any subsequent deposits or loads into your Account will first be applied to any negative balance and any Pended Fees. This means your remaining Account balance will be less than what you deposited into the Account.

Fee Descriptions & Amounts:	Fee Amount	Description
ATM Withdrawal Fee (in-network)	$0.00	Per transaction. Transactions at Allpoint® ATMs are fee-free. Locations can be found at https://www.allpointnetwork.com/locator.html
ATM Withdrawal Fee (out-of-network)	$2.50	Per transaction
Expedited Shipping Fee	$20.00	This is our fee for each expedited card replacement shipping request. Expedited card replacement shipping is delivered via FedEx within three (3) to five (5) business days.

Third-party Fees
Remote Check Deposit (Third-Party) Ingo Money	5%	This is not our fee and is subject to change: it is accurate as of June 1, 2022. Money in 10 Days – no fee. Fee of up to 5% of check value may apply when cashing a check at Ingo Money for deposit to your Account. Money in Minutes – 2% (pre-printed payroll or gov’t checks) or 5% (all other checks), minimum $5.00. Fee is deducted from check value. Go to ingomoney.com for more information.
Cash Reload (Third-Party) Visa ReadyLink	Up to $5.95	Third-party retailers may assess a fee for each cash reload. Be sure to ask about the fee amount before conducting any reload. Fee is collected at the time of reload by the third-party retailer. This is not our fee and is subject to change. Visa ReadyLink is subject to network availability.

*If you use an ATM for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Account.

E. REMOTE CHECK DEPOSIT

You may load check funds into your Account by downloading the Kudzu Mobile App to your mobile device and following the instructions provided in the app. This service is provided by a third‑party money transfer service provider. To use it, you need to agree to the terms and conditions the service provider establishes from time to time. These terms and conditions may include certain fees for use of the service that are charged by the service provider. The terms and conditions, including the applicable fees, will be provided to you when you sign up for the service.

F. FUNDS AVAILABILITY POLICY

This policy does not apply to checks deposited through the Mobile Deposit feature.

We make funds available according to the type of deposit and when the funds are applied, or credited to your Account. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers or payments, Checkbook transactions or transactions using your Card during the hold period. We have 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, ACH transfer credit is returned to us for any reason, you agree to pay us the amount of the returned item.

1. Your ability to Withdraw Funds
Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use them to pay checks that you have written.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 11:59PM Arizona Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 11:59PM Arizona Time or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

2. Same-Day Availability
Funds from wire transfers, preauthorized electronic payments received through the ACH network such as payroll direct deposits, or other 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 we have verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability.

Electronic transfers depositing into the Account initiated through the Mobile App or Website 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 been received by us.

G. TRUTH IN SAVINGS

This is not an interest-bearing account. No interest will be paid.

• Minimum Balance Requirements. There is no initial deposit required to open an Account. You may deposit any amount you wish when opening the Account.
• Transaction Limitations. Minimum and maximum withdrawal limitations apply. See above for full information regarding these limits.

H. ADDITIONAL DISCLOSURES‍

1. English Language Controls
Any translation of this Agreement is provided for your convenience. The meaning of the terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

2. Telephone Monitoring/Recording
We may monitor and/or record telephone calls with any Authorized Signer to assure the quality of our Customer Care team, and also when contacting you regarding servicing and, if implicated, collections and when contacting you regarding servicing or collections, or as required by applicable law.

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

4. Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or Account or this Agreement at any time. You may close your Card or Account by contacting Customer Care. Your termination your Account or this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. IMPORTANT: If your Account is closed or Account number changes, you must immediately notify your employer or any other payors. You must provide them with your new Account number to ensure that your direct deposit activity continues uninterrupted.

In the event your Account is cancelled, closed, or terminated for any reason, you may request that the unused balance be refunded to you. For security purposes, you may be required to supply identification and address verification documentation prior to being issued a refund. There may be a fee for a refund. Please refer to the “SCHEDULE OF FEES” above. In the event this program is cancelled, closed, or terminated, we will send you prior notice in accordance with applicable law. We reserve the right to refuse to return any unused balance amount less than $1.00. The time frame for processing and delivery of any refund depends on the method you select to receive it. Refund delivery methods may include, but not be limited to, mailing a paper check to you, or receiving an electronic check by email.

5. Account Dormancy and Escheatment
If the Account is inactive for a period of time it may be considered dormant and subject to escheatment. Each state has varying laws as to when the Account will be subject to escheatment, and we may be required to send the balance in the Account to the state of your last known address. We will make all reasonable efforts to contact you before transferring the remaining balance of the Account to the applicable state. If the Account has an international address, the funds will be transferred to the State of South Dakota.

I. ARBITRATION

Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Account; iii) the Card; iv) your acquisition of the Account; v) your use of the Account; vi) the amount of available funds in the Account; vii) advertisements, promotions or oral or written statements related to the Account, as well as goods or services purchased with the Account; viii) the benefits and services related to the Account; or ix) transactions on the Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted 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).

We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.

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.

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.

All determinations as to the scope, interpretation, enforceability, and validity of this Agreement 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.

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.

This arbitration provision shall survive: i) the termination of the Agreement; 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) expiration of a Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE ACCOUNT OR ASSOCIATED CARD. CALL 1-855-751-0025 (IF CALLING FROM OUTSIDE THE U.S., PLEASE CALL 1-470-729-0068) TO CANCEL THE ACCOUNT AND ANY RELATED CARDS AND TO REQUEST A REFUND, IF APPLICABLE.

This Agreement is effective 03/2024.

Revised 11/2023

Kudzu Savings Account Agreement

PLEASE READ THIS DOCUMENT CAREFULLY

A. OUR AGREEMENT‍

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

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

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

www.kudzumoney.com

Kudzu
P.O Box 2489, Carrollton, GA 30112

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

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

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

B. GENERAL RULES GOVERNING SAVINGS ACCOUNTS‍

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. TRUTH IN SAVINGS DISCLOSURES‍

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

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

Transaction Type	Frequency and/or Dollar Limits
Max Balance	$250,000.00
Online Transfer from Spending Account to Savings Account	No limit to the number of times per day and no maximum dollar limit

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

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

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

D. ADDITIONAL DISCLOSURES‍

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

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

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

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

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

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

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

Revised 11/2023

Covered by Kudzu Terms and Conditions

These Terms and Conditions (“Terms”) govern the product “Covered by Kudzu” overdraft protection feature made available by The Bancorp Bank, N.A., (“Bank”) on behalf of Kudzu Money, LLC (“Kudzu”), the entity providing certain services for sponsoring and/or managing Covered by Kudzu on our behalf. By enrolling in Covered by Kudzu, you agree to be bound to these Terms. As used in these Terms, “We,” “Us,” and “Our” shall mean, as the context requires, both Bank and Kudzu. For any questions regarding these Terms or use of Covered by Kudzu, you may contact us by calling us at 1-855-751-0025 or through the website at www.kudzumoney.com (“Website”) or Kudzu Mobile App (“App”).

These Terms governs your use of Covered by Kudzu. By enrolling in Covered by Kudzu, you agree to be bound by these Terms. Further, you are authorizing us to automatically transfer funds from your Kudzu Savings Account to your Kudzu Spending Account to cover eligible transactions that exceed your Kudzu Spending Account balance. If you do not agree to be bound by these Terms, you cannot access Covered by Kudzu.

1. Association with other Products
As a condition of using Covered by Kudzu, you acknowledge that additional agreements that govern your relationship with Kudzu and your relationship with the Bank, including but not limited to, the Kudzu Deposit Account Agreement, the Kudzu Savings Account Agreement, The Bancorp Privacy Notice, the Kudzu Privacy Notice, and Electronic Communications Agreement (collectively, “Related Agreements”), are incorporated by reference and continue to apply in full force and effect. To the extent there is a discrepancy between a Related Agreement and these Terms, these Terms shall govern only with respect to use of Covered by Kudzu. You further agree that certain provisions found in the Related Agreements regarding any claim, dispute, or controversy against us arising out of or relating in any way to Covered by Kudzu may apply, including but not limited to: (i) arbitration; (ii) error resolution; (iii) limitation of liability; or (iv) confidentiality and data rights.

2. Covered by Kudzu Description
Covered by Kudzu is an optional service that enables you to automatically draw from your Kudzu Savings Account to cover accidental overdrafts in your Kudzu Spending Account caused by conducting debit card purchase transactions (“Eligible Transactions”). Eligible Transactions do not include ATM transactions, cash back transactions or “over the counter” or OTC withdrawals. The amount of overdraft protection is dependent upon your Kudzu Savings Account balance and will not exceed a Kudzu Savings Account balance of $50. Additionally, enrolling in Covered by Kudzu does not require a check of your credit score, and use of the Covered by Kudzu will not affect your credit score.

3. Qualifications
In order to qualify and enroll in Covered by Kudzu, you must:

• Be 18 years of age or older;
• Have activated your Kudzu Visa Debit Card;
• Have both an open and active Kudzu Spending and Savings Account in good standing;
• Elect to participate in Covered by Kudzu;
• Have a minimum of $50 in your Kudzu Savings Account; and
• Access your account information through the Website or Mobile App.

We may determine additional requirements or adjust existing requirements at our discretion.

We may suspend or terminate your use of Covered by Kudzu if you fail to fulfill any of these qualification requirements before, during, or after enrollment. We may also terminate your access to Covered by Kudzu if you are in violation of any of the terms of the Related Agreements. Any termination of suspension of your access to Covered by Kudzu may continue until you cure the disqualification or violation, or we may terminate your access indefinitely. If your enrollment is terminated, we will not approve any further Eligible Transactions until you meet the qualifications and re-enroll in Covered by Kudzu.

4. Covered Limits
Your ability to draw the Kudzu Spending Account negative is restricted to the balance in your Kudzu Savings Account (such balance, the “Limit”). You can find your current Limit, Kudzu Savings Account balance, at any time by logging into the Website or App. Any attempt to conduct a transaction that would otherwise qualify as an Eligible Transaction will be restricted to the amount of your Limit that is available. Your Kudzu Savings Account must always maintain a minimum of a $50 balance, meaning any transfers that would otherwise be approved will be declined if it would bring your Kudzu Savings Account below that threshold. Further, you can only use the Covered by Kudzu feature 10 times per month.

5. Using Covered by Kudzu
If you use Covered by Kudzu, your Kudzu Savings Account will be linked to your Kudzu Spending Account and automatically transfer available funds from your Kudzu Savings Account to cover eligible transactions that exceed the available balance in your Kudzu Spending Account. Each time you conduct an Eligible Transaction, you will receive notification that we approved the transaction, including the amount of the Eligible Transaction and the updated Limit you have left. We do not charge any interest or fees for using Covered by Kudzu.

6. Our Rights to Repayment
Covered by Kudzu will not allow you to draw your Kudzu Spending Account negative. Nevertheless, should an incidental negative balance occur in your Kudzu Spending Account or Kudzu Savings Account, you will remain liable to us for such balance owed. We my offset any of your funds received or on deposit with us to cure such negative balance.

7. Modification of Terms
We may, from time to time, modify these Terms. Such modifications shall be effective as soon as the modified version of the Terms are posted on the App or Website, or any other authorized distribution location. We will send you notification of any modification of these Terms in accordance with applicable law. Your continued use of Covered by Kudzu following such changes constitutes your acceptance of the revised Terms.

8. Cancellation of Covered by Kudzu
‍You may cancel your use of Covered by Kudzu at any time. To do so, you may opt out of Covered by Kudzu through the Website or App. If you cancel your use of Covered by Kudzu, we will not approve Eligible Transactions, but we may continue to exercise our rights to cure any negative balance in your Kudzu Spending Account. If you continue to meet the eligibility criteria, you may re-enroll at any time.

We may terminate these Terms or suspend or terminate your use of Covered by Kudzu for any reason at any time upon notice required by applicable law. This may happen if we find out you are violating these Terms or the terms of any Related Agreement. You agree that the Bank and Kudzu are not liable to you or any third-party for any costs, fees, or losses associated with the termination of your access to Covered by Kudzu, including but not limited to, inability to complete a purchase, insufficient funds fees, late fees, legal fees, third party charges, or any other charge.

9. Disclaimer of Warranties
YOUR USE OF COVERED BY KUDZU IS SOLELY AT YOUR OWN RISK. COVERED BY KUDZU IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BANK, KUDZU, AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES) DO NOT WARRANT THAT COVERED BY KUDZU WILL BE AVAILABLE OR MEET THE REQUIREMENTS OF THESE TERMS AT ANY PARTICULAR TIME OR LOCATION, OR THAT COVERED BY KUDZU AND APP ARE SECURE OR FREE FROM ANY DEFECTS, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

10. Indemnification and Limitation of Liability
You agree to hold harmless and indemnify the Bank and Kudzu employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of Covered by Kudzu, or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. You further indemnify and hold Bank and Kudzu harmless from any claims by any other stakeholder to the funds held in your Account that we may need to cure any negative balance. WE WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO COVERED BY KUDZU FOR ANY FINANCIAL OR DATA LOSS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

11. General Provisions
These Terms represent the entire agreement among you, Bank, and Kudzu with respect to Covered by Kudzu. They supersede any other communications you have with us regarding Covered by Kudzu. Any part of these Terms is found to be unenforceable or invalid, only that part will be removed or limited as needed, and the rest of these Terms remain enforceable. All provisions of these Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You cannot assign or transfer any responsibility under these Terms to anyone else, however, we may assign these Terms at any time upon notice required by applicable law. We do not waive our rights by delaying or failing to exercise them at any time.

Revised 01/2025

Kudzu Fees

We are dedicated to making fees easy to understand so that you can decide if this card works for you.



You are responsible for keeping track of your spending account available balance. Merchants generally will not be able to determine your available balance. It’s important to know your available balance before making any transaction.

Revised 07/2025

Savings Rate Information

Kudzu Savings Account Interest Rate and Annual Percentage Yield (APY)

Interest Rate – Effective July 21, 2025

Interest Rate	Annual Percentage Yield (APY)
0.75%	0.75%

Kudzu+ Savings Account Interest Rate and Annual Percentage Yield (APY)

Interest Rate – Effective July 21, 2025

Interest Rate	Annual Percentage Yield (APY)
1.25%	1.26%

These are variable rate accounts. Kudzu may, at its discretion, change the interest rates and APYs for the savings accounts at any time. This page will always contain the most current rates and APYs information. Interest begins to accrue no later than the business day the Deposit is applied to the savings account. Interest will be compounded on a daily basis and credited monthly.

Revised 09/2023

Kudzu Alerts Terms

Kudzu Alerts are text messages that contain transactional, informational and security alerts related to your Kudzu spending and savings accounts.

You can cancel the Kudzu Alerts service at any time by texting “STOP” to any Kudzu Alert. After you send the text message “STOP” to us, we will send you one final text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, just sign up as you did the first time and we will start sending text messages to you again.
‍
If you are experiencing issues with the messaging program, you can reply with “HELP” for more assistance, or you can get help directly at support@kudzumoney.com or 1-855-751-0025.

Carriers are not liable for delayed or undelivered messages.

We will not charge you for Kudzu Alerts. Message and data rates may apply. If you have any questions about your text or data plans, please contact your wireless provider.

Message frequency varies depending on your notification settings.

If you have any questions regarding privacy, please read our privacy policy:
‍
Kudzu Privacy Policy

Bancorp Privacy Notice

Revised 10/2023

Official Sweepstakes Rules

For sweepstakes starting on or after 09/01/2023

NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. YOU MUST HAVE A KUDZU ACCOUNT IN ORDER TO RECEIVE A PRIZE.

THESE SWEEPSTAKES ARE GOVERNED BY THESE OFFICIAL RULES AND SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS.

From time-to-time Kudzu Money, LLC (“Kudzu”), will offer, host, administer, and/or otherwise sponsor, periodic sweepstakes (each, a “Sweepstakes”) as part of its program PayPerks® for Kudzu (“PayPerks for Kudzu”) for certain cardholders of the Kudzu Visa® Debit Card (individually a “Kudzu Card,” collectively “Kudzu Cards”). PayPerks for Kudzu is accessible inside the online account for the Kudzu Account (the “Account”) located at account.kudzumoney.com or through the mobile application available for use on Apple or Android mobile phones for the Kudzu Account (collectively the “PayPerks for Kudzu Sites”).

A list of all pending and upcoming Sweepstakes is located on the “Sweepstakes Listing” page. Each Sweepstakes will have its own start date (“Earning Start Date”) and end date (“Earning End Date”) (each such period for a Sweepstakes, the “Earning Period”), and Prizes, as specified for each such Sweepstakes on the Sweepstakes Listing Page. Each Sweepstakes is subject to and governed by these PayPerks for Kudzu Sweepstakes Terms and Conditions and the additional specific terms and conditions for each such Sweepstakes as set forth on the Sweepstakes Listing Page (collectively, these “Official Rules”). All entries and participation in each Sweepstakes are subject to the Terms of Use and Privacy Policy for the Kudzu Account.

1. How to enter

There are two (2) methods of entry:
‍
i. Automatic Entry After Turning Rewards On. During any individual Earning Period, you can enter the Sweepstakes on the PayPerks for Kudzu site by indicating that you want to opt in. Kudzu cardholders can login to the free Account at account.kudzumoney.com or through the Kudzu mobile app and click on the link to PayPerks in navigation menu. Once you have entered the PayPerks for Kudzu portion of the website or app, you can enter the Sweepstakes by switching the Opt In toggle to “Rewards: ON.”

Once you have elected to opt-in, all of your PayPerks for Kudzu points (“Points”) (up to the applicable maximum number of entries specified for the applicable Sweepstakes) in your Account at the time you elected to opt-in to the Sweepstakes, plus any additional Points you earn during the applicable Earning Period (up to the applicable maximum number of entries specified for the applicable Sweepstakes), will automatically be entered in the first Sweepstakes available. For each subsequent Sweepstakes available, all of the Points you earned in the applicable Earning Period will automatically be entered in each such Sweepstakes. Points may also be called “chances to win” on the PayPerks for Kudzu Sites, and each Point or “chance to win” is equal to one entry (“Entry”) in the applicable Sweepstakes.

PayPerks for Kudzu users may earn Points by performing any number of the activities specified on the “Ways to Earn Points” page. You can access this page by navigating to PayPerks in the Kudzu mobile app or website, and pressing the gear icon on the top right of the PayPerks menu. From here, if you are already opted-in to the Sweepstakes, then click the link “See All Ways to Earn.” If you are not opted-in to the Sweepstakes, then first click the link “Upcoming Drawings and Prizes”, and then the link “See All Ways to Earn.”

To opt-out of the Sweepstakes, simply visit the “Opt-in” page and move the slider to the “Rewards: OFF” position. When your setting is set to “Off,” you will not be entered into any Sweepstakes. In the event that you elect to opt-out of the Sweepstakes, the Points you have accrued up until the time you opt-out and any future Points you will earn by partaking in any Ways to Earn Activities will NOT be entered into any Sweepstakes, unless and until you re-enter the Sweepstakes by changing your opt-in setting to “Rewards: ON.”

‍ii. Alternative Method of Entry. To enter a Sweepstakes during the applicable Earning Period without performing the activities described on the “Ways to Earn Points” page, cardholders may navigate to the “Alternative Method of Entry” page which is linked to at the bottom of the “Ways to Earn Points” page. Then follow the instructions and submit the required information specified on the Alternative Method of Entry Page. To do so you must first create an Account by following the instructions at account.kudzumoney.com. Each entry in a Sweepstakes submitted through the Alternative Method of Entry will be equal to the number of entries specified on the Alternative Method of Entry Page for such Sweepstakes, and such entries may only be submitted in accordance with the time periods listed on the Alternative Method of Entry Page.

2. Maximum Number of Entries

The maximum number of total Entries, regardless of entry method, per person for each Sweepstakes, will be set forth on the Sweepstakes Listing Page.

All entries for an applicable Sweepstakes must be received by the applicable Earning End Date. Participation in each Sweepstakes is voluntary and does not require you to purchase anything from Kudzu. No illegible, incomplete, forged or altered entries will be accepted.

3. Eligibility

Each Sweepstakes is open only to Kudzu Card cardholders who (a) are legal residents of the fifty (50) United States (or the District of Columbia); and (b) are at least eighteen (18) years of age at the time of entry (unless a different age, residency, or eligibility requirement is specified in the details governing any individual Sweepstakes).

In addition, Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in a Sweepstakes, each entrant (“Entrant”) accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Kudzu made in Kudzu’s sole discretion, and warrants that s/he is eligible to participate in each such Sweepstakes. Employees, independent contractors, officers, and directors of Kudzu and its affiliates, subsidiaries, partners, advertising, Sweepstakes, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in any Sweepstakes. If you believe you have been incorrectly identified as ineligible for any Sweepstakes, please contact payperks.support@kudzumoney.com.

4. Prizes

The prize(s) (“Prize”) description(s), total approximate retail value of each Prize(s), and the number of winners to be selected for each Sweepstakes will be set forth on the Sweepstakes Listing Page. Each winner will be solely responsible for all fees and expenses not specifically set forth in these Official Rules. Prize(s) are not nontransferable. No more than the stated number of Prizes will be awarded. Kudzu reserves the right to substitute the Prize(s), in whole or in part, for Prize(s) of equal or greater value. No other substitution or transfer of Prize(s) permitted. Additional terms and conditions apply to winner’s use and receipt of the Prize(s) as set forth on the Sweepstakes Listing Page for such Sweepstakes, or as may be determined by Kudzu in its sole discretion. Kudzu is not responsible for lost or misdelivered mail or prize delivery. Kudzu is not responsible for any changes of email address and/or mailing address of Entrants. All federal, state, and local taxes are the sole responsibility of each winner.

5. Selection of winners

Following each Earning End Date, the winner(s) for the applicable Sweepstakes will be randomly selected by Kudzu or its designee from all eligible entries received during the Earning Period for such Sweepstakes. All Prizes will be awarded in descending order of value to the corresponding winners based on the order such winners are selected (e.g., first Entrant selected as winner will be the potential winner of the most valuable Prize). Odds of winning a particular Prize depend on the number of Entrants participating in the particular Sweepstakes, and the number of eligible Entries received by the Earning End Date for such Sweepstakes. Maximum of one Prize per person per Sweepstakes.

Winners for each Sweepstakes will be selected no later than thirty (30) days of the Earning End Date for such Sweepstakes. Entrants will be able to determine if they have won a Prize in a given Sweepstakes via the following methods: a) Entrants may see the Prize automatically loaded to their Kudzu Account; b) Entrants may view their activity history on the PayPerks for Kudzu Sites; or c) Entrants may receive a special pop up notification on PayPerks for Kudzu Sites. Kudzu may not award all Prizes for a given Sweepstakes if the number of eligible Entrants in a Sweepstakes is less than the number of advertised Prizes for such Sweepstakes. Where lawful, by entering the Sweepstakes, winners automatically agree to the Winners release located at the bottom of this page after these Official Rules. Kudzu will automatically attempt to deliver the Prize to the winner’s Kudzu Account which must be in good standing and able to be eligible to win the Prize and receive the funds.

6. Publicity

Except where prohibited, participation in any Sweepstakes constitutes Entrant’s consent for Kudzu, applicable Prize providers and their respective designees to use Entrant’s first and last name, likeness, Prize information, city and state of residence, and any comments, testimonials or other feedback related to any Prize or Entrant’s Sweepstakes experience, whether written or oral, for winner reporting, administering the Sweepstakes, and related promotional purposes in any media without further consideration.

7. Conditions

By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Kudzu and/or its designee(s) which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless Kudzu and its agents, banking partners, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (collectively, the “Released Entities”), for all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of Kudzu; (v) any injuries, liability, losses, damages, fees or expenses of any kind arising in connection with or as a result of any Prize, or the acceptance, possession, or use of any Prize, participation in any Sweepstakes, winner’s use, misuse or loss of winner’s debit card, or any terms, conditions or restrictions applicable to winner’s Account; (vi) any printing or typographical errors in any materials associated with any Sweepstakes; (vii) any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of Entry. Entrants agree to indemnify, defend and hold harmless the Released Entities from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Sweepstakes and/or Entrant’s acceptance, use or misuse of any Prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by entering the Sweepstakes, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any Prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

Kudzu reserves the right, in its sole discretion, to suspend, modify or cancel any Sweepstakes or disqualify any entry should any unauthorized human intervention or other causes beyond its or their control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In the event that proper administration of any Sweepstakes is prevented by such causes as contemplated above, Kudzu or its designees will pick the winners from all eligible, non-suspect entries received prior to such action.

In the event of a dispute regarding the identity of any Entrant, the person associated with the internal cardholder ID given to Kudzu by the card processor will be considered the Entrant. Kudzu will rely on the card processor to transmit the Prize to the account.

8. Disputes

Except where prohibited by law, as a condition of participating in these Sweepstakes, each Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with these Sweepstakes, including but not limited to Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in these Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.

9. Waiver of CA Code Section 1542

Entrants are hereby advised that California Civil Code § 1542 provides that: a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

By entering a Sweepstakes, each Entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, hereby waives the benefits of its provisions, with the intent that the releases and waivers of liability in paragraph 7 shall include claims known or unknown, and unknown and unsuspected.

10. Winners list

To obtain the name of a Sweepstakes winner(s) after the applicable Earning End Date, send to Kudzu at the address below a self-addressed, stamped envelope marked “PayPerks Sweepstakes Winners List” and marked with applicable Earning End Date. Requests for winners list must be received no later than 90 days from the applicable Earning Period Date.

11. Sponsor

Kudzu Money, LLC
PayPerks for Kudzu Sweeps
PO Box 2489
Carrollton, GA 30112

12. Notice

Kudzu reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of any Sweepstakes in violation of these Official Rules and/or any law.

Copyright © 2025 Kudzu Money, LLC. All rights reserved. Kudzu and the associated logo are trademarks of Kudzu. Any other trademarks in these Official Rules or on the Sweepstakes Listing Page are used for prize identification purposes only and are the properties of their respective owners.

The Kudzu Visa® Debit Card is issued by The Bancorp Bank, N.A., pursuant to a license from Visa U.S.A. Inc. The Bancorp Bank, N.A., Member FDIC. Card may be used everywhere Visa debit cards are accepted. This sweepstakes is not sponsored, endorsed or administered by The Bancorp Bank, N.A.

WINNER’S RELEASE

Prize Winner affidavit of eligibility, release of liability, and publicity release

1. I execute this Affidavit of Eligibility/Release and of Liability/Publicity Release of Kudzu Money, LLC (“Sponsor”) on my behalf to establish that I am eligible to participate in the receipt of the prize (“Prize”) in the Sweepstakes described in the Official Rules for PayPerks for Kudzu above (the “Sweepstakes”), and to release its respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, assigns, prize suppliers, independent contractors, legal advisors, and advertising and promotion agencies (the “Sweepstakes Entities”), and any entity or person connected with this Sweepstakes from any and all liability.
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2. I am a legal resident of the United States.
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3. I am 18 years of age or older as of today.
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4. I have a valid Social Security Number.
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5. I understand that all expenses associated with the Prize including but not limited to federal, state and local sales or other taxes are my responsibility, unless otherwise set forth in the Official Rules. I understand that by entering the Sweepstakes I agree to this Affidavit of Eligibility/Release of Liability/Publicity Release upon entering the Sweepstakes, and acknowledge that in the event that I win a Prize, I will automatically accept the Prize. I agree to execute any additional documents required by suppliers or governmental authorities in connection with the Prize.
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6. I agree to return, upon Sponsor’s request, my pro-rata share of the Prize awarded, or, after use, to reimburse the fair market value thereof, if any statement made in this Affidavit of Eligibility/Release of Liability/Publicity Release is false, fraudulent, or deceptive.
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7. I understand that the Sweepstakes Entities will not be responsible for any costs which I may incur in connection with this Sweepstakes or the Prize, or portion thereof that I may be awarded or in which I may participate.
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8. Unless otherwise prohibited by law or regulation, I agree to allow the Sweepstakes Entities to use my name, visual, audio, actual or simulated likeness, photograph, personal characteristics, biographical data and statements (my “Traits”); to photograph, record, depict, display, fictionalize, modify, reproduce or otherwise exploit in any manner my Traits in their sole discretion, if at all, in whole or in part, including any and all other personal identification, artwork, images, service marks, trade names, logos and copyrights incorporated therein or relating thereto, for and in connection with this Sweepstakes and for advertising, promoting, publicizing, distributing, exhibiting and/or other exploiting thereof, including all ancillary and subsidiary rights therein, in any and all languages, formats and media now known and later devised throughout the universe and in perpetuity. Further, I release the Sweepstakes Entities from all claims, liabilities and obligations whatsoever in connection with their use of my Traits and agree and acknowledge that the Prize and the publicity and exposure received, constitutes valuable, sufficient and complete consideration for the rights granted therein to Sponsor and Sweepstakes Entities, and that there shall be no payment of any monetary compensation. In no event shall I have any right to seek or obtain injunctive or other equitable relief in connection with the use of my Traits or any other production, or the production, distribution, exhibition, advertising, promotion or publicizing thereof.
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9. I represent that I am not bound by any contract or agreement with any person or entity that prohibits me from granting use of my likeness that could be used in the manner described above. I represent that no other consents, authorizations or payments are necessary to permit the full use by Sweepstakes Entities of the rights granted herein; I represent that the use or any part thereof, will not violate or infringe upon the trademark, trade name, service mark, copyright, patent, artistic, personal, private, civil or property right, right of privacy, right of publicity and that any other right of any person or entity will not constitute a libel or slander of any person, and that I will indemnify the Sweepstakes Entities from and against, and save and hold each of the foregoing harmless from all claims, all alleged claims, actions, alleged actions, losses, damages, judgments, liabilities, expenses and costs, including reasonable outside attorney’s fees and costs, resulting from any breach or alleged breach of the foregoing representations and warranties.
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10. In consideration of my acceptance of the Prize awarded, I do for myself, my next of kin, my heirs, my assigns, executors and administrators, and agents hereby fully release and forever discharge the Sweepstakes Entities from any and all liabilities for any actions, cause of actions, claims, damages, debts, duties, expenses, injuries, liabilities, liens, losses, promises, quality, use or misuse of any kind or nature whatsoever, whether foreseen or unforeseen, now known or unknown, suspected or unsuspected, in any way caused, connected, contributed directly or indirectly with any prize, or any portion and/or parts thereof, as a result of my acceptance, participation in and possession of the Prize, including but not limited to, death, loss of enjoyment, personal injury, or other harm or loss of any nature whatsoever, except such action, claims, and/or damages caused only and directly by the gross negligence of Sweepstakes Entities.
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11. If the presentation, award of or the actual fulfillment of the Prize awarded to me, as stated in the Official Rules, is hampered, interrupted or prevented due to an event of force majeure, or otherwise rendered impossible of performance, the fulfillment of the Prize shall be automatically suspended immediately upon, and for the duration of, such event and Sponsor have the right to continue to suspend or terminate the fulfillment of the Prize by notifying me to this effect. In the event the fulfillment of the Prize is so terminated, Sponsor and Sweepstakes Entities shall be relieved of their executory obligations with regard to the award of the Prize or any portion thereof. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; war, riot or civil commotion; terrorism; fire; casualties; utility failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union); an act of any federal, state or local authorities; or any other similar or dissimilar act beyond Sponsor’s and the Sweepstakes Entities’ reasonable control.
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12. I acknowledge that Sponsor has made no express or implied representations or warranties with respect to the Prize. Any liability (including but not limited to any liability for death, personal injury or property damage) which may arise out of my acceptance or use of any component of the Prize as Winner lies solely with the providers of any services or the manufacturer of goods comprising the Prize. I further understand and agree that all rights under Section 1542 of the Civil Code of California, or any similar law of any state or jurisdiction that may be applicable, are hereby expressly waived. Said Section 1542 reads as follows: “1542. Certain claims not affected by general release. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
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13. I represent and warrant that I have read and understand fully the Official Rules and this Affidavit of Eligibility/Release of Liability/Publicity Release and am familiar with their contents and meaning. I further represent and warrant that I am 18 years or older and I have requisite capacity to, and am legally competent to, execute this Affidavit of Eligibility/Release of Liability/Publicity Release. Before executing this Affidavit of Eligibility/Release of Liability/Publicity Release by participating in the Sweepstakes, I acknowledge that I have read and understood the same, I have had an opportunity to consult with legal counsel, and I agree to these terms by participating in the Sweepstakes with full knowledge of its content and meaning.
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14. It is understood and agreed that this Affidavit of Eligibility/Release of Liability/Publicity Release will remain in effect in perpetuity, that this is a complete RELEASE and DISCHARGE of all claims and rights of the undersigned against the aforementioned parties to be released, and that no action will be taken by or on behalf of the such Entrant in or Winner of the Sweepstakes with respect to any such rights. It also is understood that this release shall be binding upon the heirs, assigns, legal representatives, executors, and administrators of the Entrants in or Winners of the Sweepstakes.

Revised 06/2025

Welcome Bonus Terms and Conditions — West Georgia Technical College

To qualify for the $25 welcome bonus, you must be one of the first 50 West Georgia Technical College students to successfully open a new Kudzu Spending Account by October 1, 2025. No minimum opening deposit required.

Upon successful opening of a new Kudzu Spending Account, we will credit the $25 to your account within two business days, provided the account is open, active, and in good standing at the time of crediting.

Kudzu Money, LLC and its affiliates have an obligation to meet tax reporting requirements. Per applicable law, bonus amounts of $10 or more in a single calendar year will be reported to the Internal Revenue Service (IRS) on Form 1099-INT in the year received. The tax reporting threshold of $10 or more is applied on a consolidated basis across all products. Recipient is responsible for any applicable federal, state, or local taxes associated with receiving the bonus offer. Consult a tax professional to determine applicable tax consequences.

Revised 06/2025

Welcome Bonus Terms and Conditions — University of West Georgia

To qualify for the $25 welcome bonus, you must be one of the first 50 University of West Georgia students to successfully open a new Kudzu Spending Account by August 1, 2025. No minimum opening deposit required. 

Upon successful opening of a new Kudzu Spending Account, we will credit the $25 to your account within two business days, provided the account is open, active, and in good standing at the time of crediting.

Kudzu Money, LLC and its affiliates have an obligation to meet tax reporting requirements. Per applicable law, bonus amounts of $10 or more in a single calendar year will be reported to the Internal Revenue Service (IRS) on Form 1099-INT in the year received. The tax reporting threshold of $10 or more is applied on a consolidated basis across all products. Recipient is responsible for any applicable federal, state, or local taxes associated with receiving the bonus offer. Consult a tax professional to determine applicable tax consequences. Banking services for the Kudzu Spending Account are provided by The Bancorp Bank, N.A., Member FDIC.

Revised 05/2025

Kudzu Plus Deposit Account Agreement

PLEASE READ THIS DOCUMENT CAREFULLY

IMPORTANT NOTICE: ARBITRATION AND CLASS ACTION WAIVER

THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.PLEASE READ THIS SECTION CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS.

TABLE OF CONTENTS

‍A. OUR AGREEMENT

B. GENERAL RULES GOVERNING THE ACCOUNT

C. TRANSACTIONS ON THE ACCOUNT

D. SCHEDULE OF FEES

E. REMOTE CHECK DEPOSIT

F. FUNDS AVAILABILITY POLICY

G. TRUTH IN SAVINGS

H. ADDITIONAL DISCLOSURES

I. ARBITRATION

J. DISCLAIMER OF WARRANTIES

A. OUR AGREEMENT

This Account Agreement (“Agreement”) sets forth the terms and conditions under which the Kudzu Account (“Deposit Account” or “Account”) and its associated debit card (“Card”) has been issued to you by The Bancorp Bank, N.A., Member FDIC (“Bank”). By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. Please read this carefully and retain it for future reference. This Account Agreement is revised periodically, so it may include changes from earlier versions. By providing written or electronic signature on a signature card or opening, or continuing to hold an account with us, you agree to the most recent version of this Agreement, which is available to you at
‍https://www.kudzumoney.com/policies/#kudzu-deposit-accounts-agreement or through the mobile app in the Main Menu then Documents then Privacy & Legal. “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean the Bank, our successors, affiliates, or assignees, and as applicable, the Program Manager. “Program Manager” means Kudzu Money, LLC (“Kudzu+”), the entity providing certain services for sponsoring and/or managing the Account on our behalf.

The Account is accessed through http://account.kudzumoney.com (the “Website”) and through the mobile application (the “Mobile App”). You are responsible for providing us with a correct and operational email address. You must promptly notify us of any change to its contact information, or if you are unable to access the Account information. Neither the Bank nor Program Manager will be liable for any adverse effects to the Account as a result of undelivered mail or email or your inability to access Account information through the Website or Mobile App due to a failure to promptly notify us of a change to your email or postal mailing address.
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1. Customer Care
For assistance or additional information regarding the Account, please contact “Customer Care” at the “Address,” “Phone Number,” or “Website” below:

www.kudzumoney.com

Kudzu Mobile App

Kudzu
P.O Box 2489, Carrollton, GA 30112

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

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

Dispute agents that can assist you to report unauthorized transactions are available to answer your calls Monday through Friday, 6 a.m. to 6 p.m. MT (holidays excluded).

Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise. Any references to “months” found in this Agreement are a consecutive thirty (30) day period, unless indicated otherwise. From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

‍2. Consent to the Terms of this Agreement
By submitting an application or using services provided by the Bank, you are agreeing to the terms and conditions of the Account and the Schedule of Fees that is associated with the Account. The disclosures provided when the Account application was completed, additional disclosures provided to you that are applicable to additional products and services; periodic statements, user guides; the privacy policy; and any other disclosures or terms we provide are considered part of this Agreement. Continued use of the Account also means your ongoing agreement to this Agreement. By continuing to use this Agreement, you further agree to pay fees due and outstanding associated with the Account, including giving us the right to collect such fees directly from the balance of the Account. You are responsible for the accuracy and completeness of all information supplied to us in connection with the Account and/or its services. You agree to comply with all laws applicable to this Agreement, including regulations or ordinances, and orders of governmental and governing authorities, federal and state privacy laws, and anti-money laundering laws.

B. GENERAL RULES GOVERNING THE ACCOUNT

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

1. Opening the Account
Important information about procedures for opening a new Account. 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 open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.

We may use information from third parties to help us determine if we should open your Account. By activating the Card or by retaining, using or authorizing the use of the Account, you represent and warrant to us that i) you are a U.S. citizen or legal alien residing in the United States, Puerto Rico or the District of Columbia; ii) you have provided us with a verifiable U.S. street address (not a P.O. Box); iii) the personal information that you provide to us in connection with the Card is true, correct and complete; iv) you are not covered by or the subject of any sanctions programs administered or enforced by the U.S. Department of the Treasury, Office of Foreign Asset Control; and v) you received a copy of this Agreement and agree to be bound by and to comply with its terms.
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2. Cellular Phone Contact Policy
By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later connect to a cellular device, you are expressly consenting to receiving calls and messages, including but not limited to prerecorded or artificial voice message calls, SMS (including text messages), and calls made by an automatic telephone dialing system-from us, our affiliates, agents, and others calling at our request at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider according to the type of plan you carry.
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3. Demand Deposit Account
Your Account consists of the online transaction demand deposit account used to make payments and transfers to third parties online or through the use of a Kudzu Visa® Debit Card (“Card”) that is automatically issued with the Account. The Account is intended for personal, family, or household use, and not for any business purpose. We may close the Account if we discover it is being used for business purposes. We may refuse to process any transaction(s) that we believe may violate the terms of this Agreement. The Account may only be owned and titled in the name of one person who may deposit, transfer, or withdraw funds. The Account cannot be owned or titled jointly, by an organization or corporation, as Payable on Death (“POD”) or “In Trust For” (“ITF”).

4. Authorized Use
You are responsible for all authorized transactions initiated and fees incurred by use of the Card or Account. If an individual is permitted access to a Card, Card number(s), Account number(s) or PIN, we will treat this as if you have authorized such use, and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of the Account according to the terms and conditions of this Agreement.

5. Death or Incapacitation
You or your appointed party, designee, or appointed individual agree to notify us promptly if you die or become legally incapacitated. We will continue to accept deposits and process transaction instructions into and from your Account until we are: (a) notified of your death or adjudication of incompetency, and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death we may pay or process transactions 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. We may require additional documentation to confirm any claims made on the Account or its funds.
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6. Power of Attorney
You may give another person authority to make transactions on your Account by giving power of attorney authority to another individual (“Power of Attorney”). The account owner and person executing Power of Attorney over a deposit account is known as the “Principal.” The person granted Power of Attorney for the Principal is known as the “Agent.” We may refuse to accept a Power of Attorney for reasonable cause, and we may require the 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, the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Principal is responsible to provide us with any information if an affidavit presented to us is untrue or misleading or if the Agent exceeds the authority granted by the Principal in the Power of Attorney. The Agent is required to notify us in writing if the Principal dies or is declared incompetent. The Power of Attorney will continue in force until a) we receive written revocation from the Principal; b) we receive written notification of the Principal’s death, or c) we receive written notification of the death or incapacity of the Agent.

7. Privacy Policy
Our privacy notice is available at https://kudzumoney.com/policies/#bancorp-privacy-notice and is considered part of this Agreement. The Program Manager’s Privacy Policy is available at https://www.kudzumoney.com/policies/#kudzu-privacy-policy and is considered part of this Agreement.

8. Deposits to the Account
You may make deposits to your Account using any of these methods:

Transaction Type	Frequency and/or Dollar Limits1
Max Balance	$250,000.00
Direct Deposits or ACH Transfers2	No limit to the number of times per day $0.01 – $250,000.00 per day
Cash Transfers3*	4 times per day $2,500.00 per load; $20,000.00 per month
Deposits using an external debit card (no gift cards or credit cards) from an outside financial institution*	No limit to the number of times per day $0.01 – $250,000.00 per day
Confidentiality	5 times per day, up to 10 times per month, $5.00 – $5,000.00 per check, up to $5,000.00 per week, up to $15,000.00 per month

1The “per day” cutoff time for Frequency and/or Dollar Limits is midnight MT. “Per month” means a consecutive thirty (30) day period. “Per week” means consecutive seven (7) day period. 2Direct deposits or ACH Transfers: The recipient’s name on any such deposits we receive must match the name of the Accountholder. Any such deposits received in a name other than the name registered to the Account will be returned to the originator. 3Third party money transfer providers may impose their own transaction, daily, weekly, or monthly limits on the frequency or amount of cash you can transfer to your Account. *Usually Available within two (2) hours after loading at Visa ReadyLink locations. Third party money transfer services used to deposit or transfer funds to your Account may impose their own terms, fees, per transaction, daily, weekly, or monthly limits on the frequency or amount of cash you may deposit or transfer. When you deposit cash, the funds are transferred by a third party to the Bank. The funds will be FDIC insured once we receive the funds from the third party.

Preauthorized Credits: If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same person or company, login to the Mobile App or Website to find out if the deposit has been made.

9. No Cash, Paper Checks or Foreign Currency
We are not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us.

• Cash—We do not accept deposits made in cash. If you mail a cash deposit, the cash will be sent back to the address we have for you on file.
• Paper Checks—Personal checks, cashiers checks, and money orders may not be deposited by mail. All checks and money orders sent to us for deposit will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be deposited to the Account at our discretion.
• Foreign Currency—We do not accept deposits in foreign currency. Any deposits received in foreign currency, cash, or check; will be sent back to the address we have for you on file.

10. Deposit Corrections
If funds are incorrectly deposited or transferred into the Account, we may correct the situation by deducting the amount of the erroneous deposit from the Account without prior notice to you.

11. PayPerks® for Kudzu
When you activate your Card, you are automatically eligible to enroll in the PayPerks Rewards Program. Once you opt in to PayPerks from the Mobile App or Website, you are immediately eligible to earn points on transactions and/or deposits made with your Card or Card number. Please see the Official Sweepstakes Rules for further information at https://www.kudzumoney.com/policies/#official-sweepstakes-rules. PayPerks® is a Kudzu program and The Bancorp Bank, N.A., Member FDIC is not affiliated with PayPerks, nor does Bancorp endorse or sponsor PayPerks.’

C. TRANSACTIONS ON THE ACCOUNT

The following terms are used to describe Electronic Funds Transfer (“EFT”) services. “Automated credits” or “direct deposits” are deposits made to the Account by electronic means. “Automated debits” and “automated payments” indicate payments authorized by you to be made from the Account by electronic means. When you accept direct deposits or authorize automatic payments/debits or transfers to or from the Account, the following special terms and conditions apply.
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1. Types of Electronic Funds Transfers Available

• 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.
• You may authorize another party, such as a merchant, to make a one-time or recurring payment(s) using the Account and bank routing numbers, directly from your Account subject to the established limitations on withdrawals and transfers.
• You may also direct that funds be transferred from your Account to an optional Savings Account and transfers made to other external accounts you own using the transfer option in the Mobile App or Website.
• You may use the Card to make purchases at merchants that accept the Card or to obtain cash at ATMs, Over The Counter cash and, subject to availability, cash back at POS terminals.

2. Cut-off Time
The cut-off time for scheduling ACH transfers is midnight Mountain Time. Any transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day.

3. Cards
You acknowledge and agree that the funds accessible through use of the Card is limited to the available funds of the Account. You agree to sign the back of your Card immediately upon receipt. The Card is the property of the Bank and must be surrendered upon demand. The Card is nontransferable and it may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law. You must activate your Card before it can be used. To do so, please visit  https://account.kudzumoney.com, or call Customer Care.

The Account and associated Card are available to citizens and permanent residents of the fifty (50) United States (“U.S.”) and the District of Columbia who are at least 18 years of age with a valid Social Security number. You must agree to accept electronic, rather than paper statements. This means; (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (such as end-of-year tax forms and electronic statements).
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4. Personal Identification Number (“PIN”)
You will not receive a PIN with your Card. However, you will be prompted to select a PIN when you activate your Card.

You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately.
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5. ACH Debits
An “ACH Debit” transaction is a debit via automated clearinghouse directly from your Deposit Account transferred to another bank account.  Kudzu will enforce limits with respect to ACH Debit activity on Accounts.   Funds will be held for a minimum of three business days for all ACH Debits processed in the Mobile App or Website.

6. Transaction Limits
With your PIN, you may use the Card to obtain cash from your Account at any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Visa®, Interlink®, Plus®, STAR®, Allpoint® acceptance mark(s). All ATM transactions are treated as cash withdrawal transactions. You may use the Card at an ATM and withdraw funds at a participating bank (Over The Counter “OTC” withdrawals). These are the itemized cash access and spending limits for your Account or Card. Any funds withdrawn from a POS device will be subject to the maximum amount that can be spent on your Card per day.

Transaction Type	Frequency and/or Dollar Limits1**
Card POS Signature/PIN Transactions	No limit to the number of times per day; up to $4,000.00 per day, $18,000 per month
Cash Withdrawal (ATM)*	4 times per day, up to $800.00 per transaction, up to $2,000.00 per day, up to $20,000.00 per month
Cash Withdrawal International (ATM)*	4 times per day, up to $800.00 per transaction, up to $2,000.00 per day, up to $20,000.00 per month
Cash Back at POS*	No limit to the number of times per day, up to $500.00 per day, up to $3,000.00 per month
Over the Counter Withdrawal	8 times per month, up to $20,000.00 per transaction, up to $20,000.00 per day, up to $20,000.00 per month
Cash Withdrawal (International Over the Counter)*	8 times per month, up to $1,500.00 per transaction, up to $1,500.00 per day, up to $20,000.00 per month
ACH Debit transactions	Accounts open less than 30 days are allowed to process ACH Debits totaling $200.00, with a maximum of two (2) debit transactions for the first 30 days. Accounts open more than 30 days are allowed to process ACH Debits totaling $1,000.00 with a maximum of five (5) transactions per month.

1The “per day” cutoff time for Frequency and/or Dollar Limits is midnight MT. “Per month” means a consecutive thirty (30) day period. *ATM owner-operators, merchants, and participating banks may impose their own fees and lower limits on cash withdrawals. Fees imposed by ATM and POS device owner-operators, merchants, participating banks as well as cash withdrawal fees (Section labeled “SCHEDULE OF FEES” below) count toward your daily limit. **Limits may change based on the length of time the Account has been open, transaction history and overall Account standing.

You may purchase or lease goods or services everywhere Visa debit cards are accepted as long as restrictions (see examples described below) do not apply. Each time the Card is used, you authorize us to reduce the value available in Account by the amount of the transaction and any applicable fees. If the 16-digit Card number is used without presenting Card (such as for a mail order, telephone, or internet purchase), the legal effect will be the same as if Card itself had been used. Some merchants do not allow customers to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Deposit Account. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.
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For security reasons, we may, with or without prior notice, limit the type, amount, or number of transactions you can make with Card. We may also exercise additional restrictions which include but are not limited to: restricted geographic or merchant locations where there is a higher risk of fraud or illegal activity; restrictions to comply with laws or to limit our liability; and other restrictions to prevent fraud and other losses. You may not use your Card for any illegal transaction.
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7. Preauthorized Transfers
Right to Stop Payment and Procedure for Doing So: If you have arranged in advance to make regular payments out of your Account, you can stop any of these payments. Here’s how: you should first contact the applicable merchant or third-party service provider to cancel the recurring payment. If the merchant or service provider with whom you have arranged recurring payments from your Account is unable or unwilling to stop your payment, contact Customer Care, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.

Notice of Varying Amounts: If these regular payments may vary in amount, the person you are going to pay may tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for Failure to Stop Payment of Preauthorized Transfer: If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

If you use your Card at an automated fuel dispenser (“pay at the pump”), the transaction may be preauthorized for an amount up to $100.00 or more. If your Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the transaction may be preauthorized for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. A preauthorization will place a “hold” on those available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
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You do not have the right to stop payment on a single purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make the purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.
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8. Non-Visa Debit Transactions
Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on another network. If you do not enter a PIN, transactions may be processed as either a Visa debit transaction or on another network transaction. Should you choose to use a non-Visa network when making a transaction without a PIN, different terms may apply.
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To initiate a Visa debit transaction at a point-of-sale, swipe the Card through the POS terminal, sign the receipt, or provide your 16-digit Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your 16-digit Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.
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9. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Card for such refunds and agree to the refund policy of that merchant. Any Merchant disputes, returns, or refunds must be addressed and handled directly with the merchant from whom the transaction posted or those goods or services were provided. We are not responsible for the delivery, quality, safety, legality or any other aspects of goods or services you purchase from others with a Card.

10. Card Expiration and Replacement
Your Card will expire no sooner than the date printed on the back of the Card. You will not be able to use your Card after the expiration date. If you have an active Account in good standing, a replacement Card will automatically be mailed to you prior to the expiration of the soon-to-expire Card.

If you need a replacement Card for any reason other than the Card’s expiration, you may request one at any time by accessing http://account.kudzumoney.com or by calling Customer Care. There is no fee to replace an expired Card; however, there will be a $20.00 fee if you opt for Expedited Shipping Fee. For information about the fee, see the Section labeled “SCHEDULE OF FEES.”

11. Foreign Transactions
You may purchase or lease goods or services everywhere Visa debit cards, Interlink cards, and STAR cards are accepted as long as you do not exceed the available value in the Account, and other restrictions (see examples described below) do not apply. If you make a purchase in a currency other than the currency in which the Card was issued, the amount deducted from the funds will be converted by Visa into an amount in the currency of the Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa  from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date.

12. Receipts
You should get a receipt at the time of a transaction using the Card. You are responsible for retaining, verifying, and reconciling all transactions and receipts.

13. Negative Balances
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 can refuse to process the payment or withdrawal. If your balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Account has a negative balance for an extended period of time and you have another account with us, we reserve the right to exercise our right to set off. See the “Right to Set Off” Section below for details. If your Account has a negative balance for ninety (90) calendar days or more it will be closed.

14. Right to Set Off
If your Account balance becomes and remains negative for fifteen (15) days, we can use the funds in any of your accounts to repay the amount owed on the negative balance. This means, we have the right to set-off any liability, direct or contingent, past, present, or future that you owe against any account you have with us. Further, you grant us a lien on and security interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to us, now or in the future. We will notify you if we have exercised our right to set off.

15. Periodic Statements
Electronic statements are available to view and print at https://account.kudzumoney.com.

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

17. Our Liability for Failure To Complete Transactions
If we do not properly complete a transaction from your Account or Card on time or in the correct amount according to our Agreement with you; we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If through no fault of ours, you do not have enough funds available in your Account to complete the transaction;
(2) If a merchant refuses to accept your Card or Account number;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you imitated the transaction;
(5) If access to your Card or Account has been blocked after you reported your Card or Account number lost or stolen;
(6) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
(9) Any other exception stated in our Agreement with you.

FURTHER, WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE TOTAL AMOUNT IN YOUR ACCOUNT.

18. Your Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Card, PIN, or Account number has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within 2 business days after you learn of the loss or theft of your Card, PIN, or Account number, you can lose no more than $50 if someone used your Card, PIN, or Account number without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card, PIN, or Account number, and we can prove we could have stopped someone from using your Card, PIN, or Account number without your permission if you had told us, you could lose as much as $500.

Also, if your electronic statement shows transfers that you did not make, including those made by Card, PIN, or Account number or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told 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.

Under Visa Core Rules, your liability for unauthorized Visa debit transactions on your Card is $0.00 if you are not negligent or fraudulent in the handling of your Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). You must notify us immediately of any unauthorized use.

19. Information About Your Right to Dispute Errors
In case of errors or questions about your electronic transactions, contact Customer Care if you think your statement or receipt is wrong or if you need more information about a transaction listed in the statement or receipt. We must hear from you no later than sixty (60) days after we provided the FIRST statement on which the problem or error appeared. You will need to tell us:
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(1) Your name, Account number and/or 16-digit Card number;
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and,
(3) the dollar amount of the suspected error.
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If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.

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 do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Account.

For errors involving new Account, POS transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documentation used in the investigation may be obtained by contacting us at the phone number or address shown at the beginning of this section.

D. SCHEDULE OF FEES

All fees incurred will be deducted from your Account balance, except where prohibited by law. In the event your Account balance is less than the fee amount being assessed, the entire Account balance will be applied to the fee amount, and any unpaid fee amounts MAY RESULT IN THE FEE BEING PENDED UNTIL A DEPOSIT IS RECEIVED, AT WHICH TIME THE FEE AMOUNT WILL BE DEDUCTED FROM YOUR ACCOUNT. If there is a Pended Fee on your Account, any subsequent deposits or loads into your Account will first be applied to any negative balance and any Pended Fees. This means your remaining Account balance will be less than what you deposited into the Account.

Fee Descriptions & Amounts:	Fee Amount	Description
ATM Withdrawal Fee (in-network)	$0.00	Per transaction. Transactions at Allpoint® ATMs are fee-free. Locations can be found at https://www.allpointnetwork.com/locator.html You may be charged a fee at non-Allpoint-owned ATMs for transactions, including a balance inquiry, even if you do not complete a withdrawal. This ATM fee is a third party fee amount assessed by the individual ATM operator and is not assessed by us and will be charged to your Account.
Monthly Membership Fee	$4.95	Monthly subscription fee to  access Kudzu+ features.
Expedited Shipping Fee	$20.00	This is our fee for each expedited card replacement shipping request. Expedited card replacement shipping is delivered via FedEx within three (3) to five (5) business days.

Third-party Fees
Remote Check Deposit (Third-Party) Ingo Money	5%	This is not our fee and is subject to change: it is accurate as of June 1, 2022. Money in 10 Days – no fee. Fee of up to 5% of check value may apply when cashing a check at Ingo Money for deposit to your Account. Money in Minutes – 2% (pre-printed payroll or gov’t checks) or 5% (all other checks), minimum $5.00. Fee is deducted from check value. Go to ingomoney.com for more information.
Cash Reload (Third-Party) Visa ReadyLink	Up to $5.95	Third-party retailers may assess a fee for each cash reload. Be sure to ask about the fee amount before conducting any reload. Fee is collected at the time of reload by the third-party retailer. This is not our fee and is subject to change. Visa ReadyLink is subject to network availability.

E. REMOTE CHECK DEPOSIT

You may load check funds into your Account by downloading the Kudzu Mobile App to your mobile device and following the instructions provided in the app. This service is provided by a third‑party money transfer service provider. To use it, you need to agree to the terms and conditions the service provider establishes from time to time. These terms and conditions may include certain fees for use of the service that are charged by the service provider. The terms and conditions, including the applicable fees, will be provided to you when you sign up for the service.

F. FUNDS AVAILABILITY POLICY

This policy does not apply to checks deposited through the Mobile Deposit feature.

We make funds available according to the type of deposit and when the funds are applied, or credited to your Account. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers or payments, Checkbook transactions or transactions using your Card during the hold period. We have 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, ACH transfer credit is returned to us for any reason, you agree to pay us the amount of the returned item.

1. Your ability to Withdraw Funds
Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use them to pay checks that you have written.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 11:59PM Arizona Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 11:59PM Arizona Time or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

2. Same-Day Availability
Funds from wire transfers, preauthorized electronic payments received through the ACH network such as payroll direct deposits, or other 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 we have verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability.

Electronic transfers depositing into the Account initiated through the Mobile App or Website 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 been received by us.

G. TRUTH IN SAVINGS

This is not an interest-bearing account. No interest will be paid.

• Minimum Balance Requirements. There is no initial deposit required to open an Account. You may deposit any amount you wish when opening the Account.
• Transaction Limitations. Minimum and maximum withdrawal limitations apply. See above for full information regarding these limits.

H. ADDITIONAL DISCLOSURES‍

1. English Language Controls
Any translation of this Agreement is provided for your convenience. The meaning of the terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

2. Telephone Monitoring/Recording
We may monitor and/or record telephone calls with any Authorized Signer to assure the quality of our Customer Care team, and also when contacting you regarding servicing and, if implicated, collections and when contacting you regarding servicing or collections, or as required by applicable law.

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

4. Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or Account or this Agreement at any time. You may close your Card or Account by contacting Customer Care. Your termination your Account or this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. IMPORTANT: If your Account is closed or Account number changes, you must immediately notify your employer or any other payors. You must provide them with your new Account number to ensure that your direct deposit activity continues uninterrupted.

In the event your Account is cancelled, closed, or terminated for any reason, you may request that the unused balance be refunded to you. For security purposes, you may be required to supply identification and address verification documentation prior to being issued a refund. There may be a fee for a refund. Please refer to the “SCHEDULE OF FEES” above. In the event this program is cancelled, closed, or terminated, we will send you prior notice in accordance with applicable law. We reserve the right to refuse to return any unused balance amount less than $1.00. The time frame for processing and delivery of any refund depends on the method you select to receive it. Refund delivery methods may include, but not be limited to, mailing a paper check to you, or receiving an electronic check by email.

5. Account Dormancy and Escheatment
If the Account is inactive for a period of time it may be considered dormant and subject to escheatment. Each state has varying laws as to when the Account will be subject to escheatment, and we may be required to send the balance in the Account to the state of your last known address. We will make all reasonable efforts to contact you before transferring the remaining balance of the Account to the applicable state. If the Account has an international address, the funds will be transferred to the State of South Dakota.

I. ARBITRATION

Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Account; iii) the Card; iv) your acquisition of the Account; v) your use of the Account; vi) the amount of available funds in the Account; vii) advertisements, promotions or oral or written statements related to the Account, as well as goods or services purchased with the Account; viii) the benefits and services related to the Account; or ix) transactions on the Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted 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).

We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.

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.

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.

All determinations as to the scope, interpretation, enforceability, and validity of this Agreement 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.

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.

This arbitration provision shall survive: i) the termination of the Agreement; 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) expiration of a Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
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IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE ACCOUNT OR ASSOCIATED CARD. CALL 1-855-751-0025 (IF CALLING FROM OUTSIDE THE U.S., PLEASE CALL 1-470-729-0068) TO CANCEL THE ACCOUNT AND ANY RELATED CARDS AND TO REQUEST A REFUND, IF APPLICABLE.

J. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCOUNT OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

This Agreement is effective 5/2025.

Revised 04/2025

Kudzu Plus Savings Account Agreement

PLEASE READ THIS DOCUMENT CAREFULLY

A. OUR AGREEMENT‍

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

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

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

www.kudzumoney.com

Kudzu
P.O Box 2489, Carrollton, GA 30112

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

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

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

B. GENERAL RULES GOVERNING SAVINGS ACCOUNTS‍

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. TRUTH IN SAVINGS DISCLOSURES‍

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

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

Transaction Type	Frequency and/or Dollar Limits
Max Balance	$250,000.00
Online Transfer from Spending Account to Savings Account	No limit to the number of times per day and no maximum dollar limit

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

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

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

D. ADDITIONAL DISCLOSURES‍

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

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

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

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

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

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

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

Revised 04/2025

Covered By Kudzu Plus Terms and Conditions

These Overdraft Feature Terms and Conditions (“Terms”) govern the Covered by Kudzu+ (“Overdraft Feature”) product made available by The Bancorp Bank, N.A., (“Bank”) in association with Kudzu Money, LLC (“Program Manager”), the entity providing certain services for sponsoring and/or managing Overdraft Feature on our behalf. By enrolling in the Overdraft Feature, you agree to be bound to these Terms. As used in these Terms, “We,” “Us,” and “Our” shall mean, as the context requires, both Bank and Program Manager. For any questions regarding these Terms or use of the Overdraft Feature, you may contact us at calling us at 1-855-751-0025 or through the www.kudzumoney.com (“Website”) or Kudzu Mobile App (“App”).


1. Association with other Products
As a condition of using the Overdraft Feature, you acknowledge that additional agreements that govern your Kudzu+ Account (“Account”) and your relationship with Bank and Program Manager, including but not limited to, the Account agreement, Privacy Policy, and electronic communications agreement (collectively, “Related Agreements”), are incorporated by reference and continue to apply in full force and effect. To the extent there is a discrepancy between a Related Agreement and these Terms, these Terms shall govern only with respect to use of the Overdraft Feature. You further agree that certain provisions found in the Related Agreements regarding any claim, dispute, or controversy against us arising out of or relating in any way to this Overdraft Feature may apply, including but not limited to: (i) arbitration; (ii) error resolution; (iii) limitation of liability; or (iv) confidentiality and data rights.

2. The Overdraft Feature
The Overdraft Feature is an optional service that enables you to draw your Account negative by conducting debit card purchase transactions (“Eligible Transactions”). Eligible Transactions do not include ATM transactions or cash back transactions. Additionally, enrolling in the Overdraft Feature does not require a check of your credit score, and use of the Overdraft Feature will not affect your credit score.

3. Qualifications
In order to qualify and enroll in Covered by Kudzu, you must:

• Maintain a current Account with us in good standing;
• Receive $100 or more in Qualifying Deposits into your Account over the preceding 30-day period. A “Qualifying Deposit” includes Automated Clearing House (ACH) direct deposits from your employer, payroll provider, government payer, Bank ACH transfers, inter- or intra-bank peer-to-peer transfers, mobile check deposits, cash deposits, or one-time direct deposits. Qualifying Deposits do not include merchant credits or refunds.
• Continue use of the App to access your Account information.

We may determine additional requirements or adjust existing requirements at our discretion.

We may suspend or terminate your use of the Overdraft Feature if you fail to fulfill any of these qualification requirements before, during, or after enrollment. We may also terminate your access to the Overdraft Feature if you are in violation of any of the terms of the Related Agreements. Any termination of suspension of your access to the Overdraft Feature may continue until you cure the disqualification or violation, or we may terminate your access indefinitely. If your enrollment in is terminated, we will not approve any further Eligible Transactions until you meet the qualifications and re-enroll in the Overdraft Feature.

4. Your Overdraft Feature Limit
Your ability to draw the Account negative is restricted to the amount for which you qualify (the “Limit”), which is determined by us in our sole discretion (see Qualifications above). Your Limit may be adjusted from time to time in our sole discretion. Any changes to your Limit by us will be communicated to you by either push notification, email message or text message depending on your preferences set in the App and Website (“Notifications”). You can find your current Limit at any time by logging into the Website or App. Any attempt to conduct a transaction that would otherwise qualify as an Eligible Transaction will be restricted to the amount of your Limit that is available.

5. Using the Overdraft Feature
If you use the Overdraft Feature, your Account balance will remain negative until the balance is brought to a positive or $0 balance through any deposit. By agreeing to these Terms, you authorize us to apply any deposit to your Account to cure any negative balance. Each time you conduct an Eligible Transaction, you will receive Notification that we approved the transaction, including the amount of the Eligible Transaction and the updated Limit you have left. We do not charge any interest or fees for using the Overdraft Feature.

If a negative balance is not repaid within 60 days of the first Eligible Transaction that caused the negative balance, we may suspend your Account and terminate your access to the Overdraft Feature. If your negative balance remains for 90 days, your Account and any associated products may be closed permanently.

6. Our Rights to Repayment
You represent and warrant that you authorize us to claim funds due to us (to cure any negative balance) under these Terms. If we are unable to cure the negative balance from your Account, you may be prohibited from obtaining another product from us. We will not place the amount advanced as a debt with or sell it to a third party or report any failure to repay to a consumer reporting agency if the advance is not repaid on the scheduled date.

For avoidance of doubt, failure to repay a negative balance will not affect your credit. Neither Bank nor Program Manager will furnish information about you to credit reporting agencies. However, in the event of fraud, misrepresentation, or other illegal activity, we will use additional legal options available to us in order to collect the money you owe us.

7. Modification of Terms
We may, from time to time, modify these Terms. Such modifications shall be effective as soon as the modified version of the Terms are posted on the App or Website, or any other authorized distribution location. We will send you Notification of any modification of these Terms in accordance with applicable law. Your continued use of the Overdraft Feature following such changes constitutes your acceptance of the revised Terms.

8. Cancellation of the Overdraft Feature
‍You may cancel your use of Overdraft Feature at any time. To do so, you may login to the Website or App then navigate to the Covered by Kudzu+ section within the Climb page. If you cancel your use of the Overdraft Feature, we will not approve Eligible Transactions, but we may continue to exercise our rights to cure any negative balance. If you continue to meet the eligibility criteria, you may re-enroll at any time.

We may terminate these Terms or suspend or terminate your use of the Overdraft Feature for any reason at any time upon notice required by applicable law. This may happen if we find out you are violating these Terms or the terms of any Related Agreement. You agree that the Bank and Program Manager are not be liable to you or any third-party for any costs, fees, or losses associated with the termination of your access to the Overdraft Feature, including but not limited to, inability to complete a purchase, insufficient funds fees, late fees, legal fees, third party charges, or any other charge.

9. Disclaimer of Warranties
YOUR USE OF THE OVERDRAFT FATURE IS SOLELY AT YOUR OWN RISK. THE OVERDRAFT FEATURE IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BANK, PROGRAM MANAGER, AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES) DO NOT WARRANT THAT THE OVERDRAFT FEATURE WILL BE AVAILABLE OR MEET THE REQUIREMENTS OF THESE TERMS AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE OVERDRAFT FEATURE AND APP ARE SECURE OR FREE FROM ANY DEFECTS, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Indemnification and Limitation of Liability
You agree to hold harmless and indemnify Bank and Program Manager employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of the Overdraft Feature, or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. You further indemnify and hold Bank and Program Manager harmless from any claims by any other stakeholder to the funds held in your Account that we may need to cure any negative balance. WE WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE OVERDRAFT FEATURE FOR ANY FINANCIAL OR DATA LOSS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

11. General Provisions
These Terms represent the entire agreement among you, Bank, and Program Manager with respect to the Overdraft Feature. They supersede any other communications you have with us regarding the Overdraft Feature. Any part of these Terms is found to be unenforceable or invalid, only that part will be removed or limited as needed, and the rest of these Terms remain enforceable. All provisions of these Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You cannot assign or transfer any responsibility under these Terms to anyone else, however, we may assign these Terms at any time upon notice required by applicable law. We do not waive our rights by delaying or failing to exercise them at any time.

Revised 04/2025

Kudzu Plus Fees

We are dedicated to making fees easy to understand so that you can decide if this card works for you.



You are responsible for keeping track of your spending account available balance. Merchants generally will not be able to determine your available balance. It’s important to know your available balance before making any transaction.