Important Information: Please read this Agreement and Disclosures carefully before activating your Inter&Co Account.

This Inter&Co Account Agreement (“Agreement”) sets forth the terms and conditions governing the use of your Inter&Co Account. By registering and using the Inter&Co Account service and downloading the Inter&Co mobile application (“Inter&Co App”), you agree to be bound by the terms and conditions set forth in this Agreement.

“You” and “yours” means you the Customer who has registered for a Inter&Co Account and is authorized to use the Inter&Co Account as provided for under the terms and conditions of this Agreement.

“We,” “us,” and “our” means Inter & Co Payments, Inc. (d/b/a “Inter&Co”) and our successors, assignees or aﬃliates. Inter & Co Payments, Inc. is referred to in this Agreement as “Inter&Co”.

1. Description and Limitations of the Inter&Co Account Program.

The Inter&Co App. The Inter&Co App enables you to use your mobile device to access your Inter&Co Account for payment for services through Inter&Co.

Funds May Only Be Loaded Via the Inter&Co App and Inter&Co Website. You may load funds to your Inter&Co Account by accessing the Inter&Co App or Inter&Co website (when available) and, if you’re a US resident, transferring funds from your bank account (via ACH), a debit card or credit card.

Not a Bank Account. Your Inter&Co Account does not constitute a bank account or savings account and is not insured by the FDIC. Your Inter&Co Account deposits will be held at or transferred to Community Federal Savings Bank and Wells Fargo Bank, Members FDIC. Your deposits will not be eligible for FDIC insurance. You will not receive any interest on any funds placed in the Inter&Co Account.

Not a Gift Card and Not Transferrable. The Inter&Co Account is not a gift card and may not be transferred or gifted to another person.

No More than One Inter&Co Account at a Time. You may not maintain more than one (1) Inter&Co Account. If Inter&Co discovers that you are maintaining or controlling more than one (1) Inter&Co Account, Inter&Co reserves the right to cancel either or both of your Inter&Co Accounts, if we decide to do so, you will be given thirty (30) days prior written notice. If Inter&Co cancels your Inter&Co Account for any reason, Inter&Co will refund to you the full amount of your then available balance within ten (10) days.

No Illegal Activity. You may not use your Inter&Co Account for any illegal activity or illegal transactions.

Your Right to Cancel. You may cancel your Inter&Co Account and this Agreement at any time by contacting Customer Service at the number or email address at Section 12 below. Your termination of this Agreement will not aﬀect any of our rights, our obligations or your obligations arising under this Agreement prior to termination. If your Inter&Co Account is cancelled upon your request, we will send you a check for all remaining funds after deducting any applicable fees, charges, and outstanding transactions.

2. Disclosures and Agreements. By registering for and using the Inter&Co Account, you acknowledge and accept electronic receipt of: (a) this Agreement; and (b) the Electronic Fund Transfer Act (“EFTA”) long and short form disclosures (collectively, “Disclosures”). You agree that you have read this Agreement and the Disclosures in their entirety and will abide by their terms and conditions.

You understand that the Inter&Co will not provide you with an additional paper (non-electronic) copy of this Agreement or the Disclosures.

3. Contacting You and Electronic Signature. You consent to receive electronic communications and disclosures from us in connection with your Inter&Co Account. You agree that Inter&Co may contact you by email at any email address you provide to us in connection with your Inter&Co Account or Inter&Co services. By accepting this Agreement, you agree that it is subject to the Federal Electronic Signature in Global and National Commerce Act (E-Sign) and the E-Sign Consent Term, which you acknowledge to have received through the Inter&Co App as part of your account opening process. Continued use of your Inter&Co Account requires that you agree to receive all notices from us electronically. If you prefer to receive paper notices, you have the right to withdraw your consent. PLEASE NOTE THAT WE DO NOT CURRENTLY OFFER THE POSSIBILITY TO RECEIVE PAPER NOTICES, IF YOU CHOOSE TO WITHDRAW YOUR CONSENT TO ELECTRONIC DELIVERY AND ELECTRONIC SIGNATURES, WE WILL TERMINATE YOUR INTER&CO ACCOUNT.

4. Customer’s Representations and Warranties. By registering the Inter&Co Account, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) you have provided us with your name, date of birth, residence address (not a P.O. Box), and identiﬁcation number; (iii) the personal information that you have provided to us in registering for your Inter&Co Account is true, accurate and complete; and (v) you have received a this Agreement and agree to be bound by its terms and conditions.

You hereby authorize Inter&Co to add or deduct funds from your Inter&Co Account based on your requests to load funds to your Inter&Co Account and/or based on transactions you conduct in accordance with this Agreement. You acknowledge and agree that funds loaded to your Inter&Co Account may only be used to for transactions and/or payments processed by Inter&Co under the terms of this Agreement.

5. Business Days. For the purposes of this Agreement, every day is a business day (“Business Day”) except Saturdays, Sundays, and federal holidays.

6. Availability of Funds. You are not permitted to exceed the available balance in your Inter&Co Account. Notwithstanding the foregoing, in the event that a transaction is approved (due to a system malfunction or otherwise) that exceeds the balance of the funds available in your Inter&Co Account you shall remain fully liable for the amount of the transaction. In such event, you agree to pay inter & Co Payments, Inc. promptly for the shortage upon our request.

7. Account Balance and Transaction History Information. Inter&Co will not automatically send you monthly account statements. Inter&Co will make your Inter&Co Account balance and transaction history available to you, including any fees that have been charged to your Inter&Co Account. You may obtain information about the amount of money you have remaining in your prepaid account by contacting the customer service number below. This information, along with a 12-month history of account transactions, is also available online: (a) accessing your Inter&Co Account via the Inter&Co App via your mobile device, or (b) accessing your Inter&Co Account via the https://us.inter.co website, or (c) contacting the Customer Service number listed on Section 12, below.

8. You May Request a Written Account Transaction History. You also have the right to obtain at least 24 months of written history of account transactions by calling the Customer Service number listed on Section 12, below. You will not be charged a fee for requesting account history unless you request it more than once per month. Even if your Inter&Co Account has become inactive for more than 24 months, Inter&Co will provide you with the full account history.

9. Changes to Participation in Your Inter&Co Account and These Terms and Conditions. Subject to applicable law, at any time Inter&Co may (i) terminate or suspend your use of a Inter&Co Account, (ii) modify or suspend the type or dollar amount of transactions in connection with your Inter&Co Account, or (iii) change our customer veriﬁcation process for registering for a Inter&Co Account. Inter&Co may change or modify these Terms and Conditions, at any time, whenever we make a modiﬁcation to these Terms and Conditions, we will send you an e-mail detailing the change, in some cases, where we make material changes to the agreement, we may require that you reaﬃrm your consent to the new Terms and Conditions, please be advised that your access to your Inter&Co Account and other Inter&Co services may be suspended or limited until you do so. If you do not agree to the new Terms & Conditions, we may be required to terminate your Inter&Co Account. We will also update these terms on our website. We will notify you via e-mail whenever we make any changes, but you should periodically review the current Terms and Conditions as posted by Inter&Co on its website.

10. Fees and Charges. Inter&Co’s fees are set forth in our Short Form Disclosure and Long Form Disclosure, which are provided herewith. Inter&Co does not charge a fee to add funds to your Inter&Co Account from either a bank account or debit card. We do not charge a fee for transferring funds between Inter&Co accounts. Your Inter&Co Account is also accessible via ATM machines. If you access your Inter&Co Account through an AllPoint network ATM, you will not be charged any fees, however, when using out of network ATM’s, fees and charges may apply.

For a list of Inter&Co’s applicable Inter&Co Account fees, please go to link.

If you use your Inter&Co Account to purchase a gift card or apply for a debit card from one of our participating vendors or ﬁnancial institutions, the vendor or ﬁnancial institution may directly assess you fees and charges which the vendor must disclose to you. Please contact us at the number or email address listed on Section 12, below if you have any questions.

11. Pre-Authorized Transactions. Your Inter&Co Account can be used for automatic payments (“Direct Debit”) charged by select third party service providers and others (“Originators”), at Inter&Co`s sole discretion. You may also use your Inter&Co Account for receiving payment (“Direct Deposit”) from an employer or another third party (“Payers”). Both Direct Debits and Direct Deposits can be set up as a recurring periodic transaction or as a one-time occurrence.

You may register your Inter&Co Account information with an Originator or Payer, which must contain your accurate bank routing numbers and identiﬁcation.

Direct Debit and Direct Deposit services are subject to limitations on numbers of transactions, transaction amount and periodicity of transactions.

To stop a recurring transaction from further happening, you must contact the Payer or the Originator responsible for the transaction. If the Payer or Originator is unable or unwilling to stop a pre- authorized transaction from occurring, please contact Inter&Co through our listed support channels.

To request Inter&Co to stop a pre-authorized transaction or cancel all future instances of a recurring pre-authorized transaction, your request must be provided to Inter&Co within at least three (3) business days before the date the next transaction is scheduled to occur. Inter&Co may ask you to provide a written cancellation request, containing information speciﬁc to the Originator or Payer and the Direct Debit or Direct Deposit transaction you wish to cancel. If you do not provide Inter&Co with a written cancellation request, the recurrence of the Direct Debit or Direct Deposit transactions will not be cancelled.

If Inter&Co is provided with a cancellation request at least three (3) business days before the transaction date and we do not comply with your request, or if we are directly and exclusively responsible for a pre-authorized transaction not being complete, we will be liable for your direct damages and losses. Limitations of liability still apply. Inter&Co will not be liable for incomplete transactions through no fault of our own, such as, but not limited to: (i) insuﬃcient funds on your Inter&Co Account; (ii) the transaction demands a means of payment currently unavailable to us; (iii) we have reason to suspect you did not authorize a transaction, at our sole discretion; (iv) we have reason to suspect any fraudulent or illegal activity associated with your Inter&Co Account, or the account of an Originator or Payer, at our sole discretion; (v) we have reason to suspect your Inter&Co Account has been compromised, at our sole discretion; (vi) completing the transaction may violate laws, rules or regulations to Inter&Co; or (vii) completing the transaction would exceed the transactional limits associated with your Inter&Co Account.

Inter&Co is not responsible for the amounts charged, the delivery of products or services, or any other deliverable associated with a Direct Debit or Direct Deposit transaction. If you have any issues or claims against an Originator or Payer related to a Direct Debit or Direct Deposit transaction, including, but not limited to, changes in the amounts debited or deposited to your Inter&Co Account, you must contact the applicable Originator or Payer directly.

12. Error Resolution and Customer Service Contact. We appreciate your business and we are committed in delivering “best in class” ﬁnancial services.

In Case of Errors or Questions About Your Inter&Co Account Telephone, e-mail, or write us at the contact information set forth below as soon as you can, if you think an error has occurred in your Inter&Co account. We must allow you to report an error until 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at the contact information set forth below:

Email us at: help@inter.co
Or call us at: 1-888-305-7264
Or write to us at: Inter & Co Payments, Inc.
Attention: Customer Service
501 Brickell Key Drive, Suite 202
Miami, FL 33131

You will need to tell us:

(a) Your name and prepaid account number.
(b) Why you believe an error has occurred and the dollar amount involved. (c) Approximately when the error took place.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

If you need more information about our error-resolution procedures, call us at the contact information set forth above.

Please refer to the User Agreement for additional error resolution rights that apply to our remittance transfer services.

13. Disclaimer of Warranties. EXCEPT AS EXPRESSLY OTHERWISE SET FORTH IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE INTER&CO ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

14. Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL INTER & CO PAYMENTS, INC., ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE THE INTER&CO ACCOUNT OR FUNDS CONTAINED THEREIN, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Our Liability for Failure to Make Transfers. If we do not complete a transfer to or from your Inter&Co Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages proximately caused by us. However, there are some exceptions. We will not be liable for failing to complete a transaction if, for instance:

Through no fault of ours, there are insuﬃcient funds for the transfer;

The Inter&Co App or Inter&Co Account was not working properly and you knew about the problem when you initiated the transfer;

Circumstances beyond our control (such as ﬁre, ﬂood or pandemic) prevent the transfer, despite reasonable precautions we have taken;

We do not complete the transaction because you have reported to us that your mobile device containing access to your Inter&Co Account has been lost or stolen, or someone has gained unauthorized access to your Inter&Co Account;

We do not complete the transaction because your Inter&Co Account has been suspended by us, or we have reason to believe the transaction is not authorized by you; or As otherwise provided in this Agreement.

16. Expiration of Funds and Unclaimed Property. Your Inter&Co Account funds do not automatically expire. If, however, we have no record of Inter&Co Account activity for three or more years, applicable state law may require us to report and pay any unclaimed funds remaining in your Inter&Co Account, subject to permissible fees, pursuant to the escheat and unclaimed property laws of your state of residence. Should your Inter&Co Account have a remaining balance after a certain period of time, we may be required to remit those funds as abandoned property to the appropriate state agency.

17. Security. You are solely responsible for maintaining the conﬁdentiality of your Inter&Co Account user identiﬁcation, passwords, and access to your mobile device. If you share this information with anyone, that person may be able to use your Inter&Co Account to transfer your funds to another person or other services available through Inter&Co, or to access your information and transaction history.

Information We Collect and How We Use It. Why We Provide This Notice. Financial companies choose how they share your personal information. Federal law gives you 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 section carefully to understand what we do.

Information We Collect. The types of information we collect and share depend on the product or service you have with us. For the Inter&Co Account, this information can include: (i) government issued ID; (ii) biometric information, such as a digital photograph of your face for facial recognition purposes; (iii) Social Security Number or Foreign Tax ID number; (iv) bank account information; (v) account balances; (vi) payments history; (vii) credit history; and (ix) transaction history.

How We Collect Your Information. We collect your personal information, for example, when you: (i) open an account or make deposits or withdrawals from your account; (ii) pay your bills or give us your personal information; and (iii) use your credit or debit card. We also collect your personal information from our aﬃliates and other third parties.

How We Use Your Information. All ﬁnancial companies need to share customers’ personal information to run their everyday business. Inter&Co shares your personal information for the following purposes: (i) for our everyday business purposes; (ii) for our marketing purposes; (iii) for joint marketing with other ﬁnancial companies; (iv) for our aﬃliates’ everyday business purposes; and (v) for our aﬃliates to market to you. You can limit our ability to share personal information in cases (iii) and (v) above, if you wish to do so, please contact us at the Customer Service number listed on Section 12.

Why You Can’t Limit All Sharing. Federal law gives you the right to limit only sharing information about your creditworthiness with our aﬃliates, and personal information for our aﬃliates to market to you. Federal law also gives you the right to limit sharing for nonaﬃliates to market to you, but we do not share your personal information with nonaﬃliates for them to market to you. State laws and individual companies may give you additional rights to limit sharing. See below for more information on your rights under state law.

How We Protect Your 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.

Deﬁnitions. “Aﬃliates” mean companies related to us by common ownership or control. They can be ﬁnancial and nonﬁnancial companies. Our aﬃliates include companies with an “Inter&Co” name; ﬁnancial companies such as Inter&Co Securities LLC. “Nonaﬃliates” mean companies not related to us by common ownership or control. They can also be ﬁnancial and nonﬁnancial companies. We do not share your information with nonaﬃliates so they can market to you. “Joint marketing” means a formal agreement between nonaﬃliated ﬁnancial companies that together market ﬁnancial products or services to you. Our joint marketing partners include other ﬁnancial companies.

California Residents. We will not share your personal information with nonaﬃliates either for them to market to you or for joint marketing purposes without your authorization. We will also limit our sharing of personal information about you with our aﬃliates to comply with all California privacy laws that apply to us.

Vermont Residents. We will not share your personal information with aﬃliates or nonaﬃliates except as permitted by Vermont law, such as to process your transaction, unless you authorize us to share this information.

North Dakota. In addition to the opt out rights listed in this Agreement, we will not share personal information with nonaﬃliates for any purposes not permitted by North Dakota law. (N.D. Cent. Code §§13-02-21-01 et seq.) without your prior written consent. To consent to the sharing of this information, please ﬁll out, sign and mail back the North Dakota Opt-In form in our North Dakota speciﬁc disclosure, available on our Privacy Policy, linked below.

For more information, you may review our Privacy Policy is available here link.

18. Your Liability for Unauthorized Transactions. Contact us IMMEDIATELY if you believe your Inter&Co Account or the mobile device holding your Inter&Co Account or any related PIN or password has been lost, stolen, or used without your permission to transfer funds or if you believe that a transaction involving your Inter&Co Account has been made without your permission.

Contacting us immediately by telephone is the best way to limit potential losses. You may call us at our Customer Service number at 1-888-305-7264. You may also email or write to Customer Service at the address set forth above at Section 12.

If you tell us within two (2) Business Days after you learn of the unauthorized access of your Inter&Co Account, the mobile device holding your Inter&Co Account, or any related PIN or password, you can lose no more than $50 if someone used your Inter&Co Account or related PIN or password without your permission.

If you do NOT notify us within 2 Business Days after you learn of the loss or theft of your Inter&Co Account or the mobile device holding your Inter&Co Account or any related PIN or password, and we can prove that we could have stopped someone from using your Inter&Co Account without your permission if you had told us, you could lose as much as $500.

Also, if the account history statement made available to you shows transfers of funds from your Inter&Co Account that you did not make, please notify us at once. If you do not tell us within 60 days after the statement was made available in the Inter&Co App or our https://us.inter.co website, 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 applicable time periods.

19. Cancellation of an International Money Transfer Via Inter&Co Account. If you are paying for a international money transfer via your Inter&Co Account, the transaction may be canceled for a refund of the full transfer amount and any fees paid within 30 minutes of payment, unless the funds have been picked up or deposited to the recipient’s bank account. In order to request a cancellation within 30 minutes please contact us at 1-888-305-7264 or help@inter.co

For more information on your rights and Inter&Co’s obligations concerning our money transfers services, please see the Inter&Co User Agreement available here link.

20. Agreement to Arbitration and Waiver of Jury Trial. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH INTER&CO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THESE TERMS. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.

(a) Governing Law. This Agreement shall be governed according to the laws of the State of Florida, and all activities performed in connection with the Inter&Co services shall be deemed to have been performed in Florida. Any controversy, dispute, or claim arising out of or relating to the Inter&Co Account, Inter&Co’s services and/or this Agreement (a 'Claim') shall be governed by and construed in accordance with the laws of Florida, except that body of law governing conﬂicts of law. For any arbitration proceedings, the arbitrator shall apply the law of the State of Florida to all substantive issues in the dispute; provided, however, that in the event that the law of the State of Florida shall be deemed unenforceable due to the law of the state in which the customer resides, the arbitrator shall apply the law of the state in which the customer resides. Notwithstanding anything herein to the contrary, the arbitrator shall apply the laws of the State of Florida and the FAA to interpret and enforce these terms to arbitrate disputes and each of its provisions, including with regard to any issues over acceptance of these terms to arbitrate disputes. Judgment on the award rendered may be entered by any court of competent jurisdiction.

(b) No Representative Actions; Class Waiver. You and We both agree that any dispute, including but not limited to disputes arising out of or related to this Agreement or the Inter&Co Account is personal to You and Inter&Co and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(c) Disputes with Inter&Co. If a dispute arises between You and Inter&Co, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-eﬀective means of resolving the dispute quickly. Disputes between You and Inter&Co regarding the Inter&Co Account and/or other Inter&Co’s services may be reported to Customer Service by telephone at 1-888-305-7264; by e-mail at help@inter.co; or by mail at Inter&Co’s Headquarters, Attn: Customer Service, 501 Brickell Key Drive, Ste 202 Miami, FL 33131, USA.

(d) Arbitration. Except for small claims disputes in which You or Inter&Co seeks to bring an individual action in small claims court located in the county of your residence, as determined by the records maintained by Inter&Co for your account, or disputes in which You or We seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, You and We both waive any rights to a jury trial and to have any dispute resolved in court. This agreement to arbitrate disputes includes, but is not limited to, any and all claims for relief and theories of liability between You and Us, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state or federal statutes, including, but not limited to, the federal and any state analogs of the Telephone Consumer Protection Act, the Fair Credit reporting Act, Fair and Accurate Credit Transactions Act, and other statutes, including state and federal statutes relating to the collection of personal and/or biometric data; claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of Your relationship with Us, and/or any interactions between You and Inter&Co. If there is a ﬁnal judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. The seat of arbitration shall be (a) the county where You maintain Your principal residence or, (b), Miami-Dade County, Florida, if Your principal residence is outside of the United States.

(e) Forum for Disputes.Except as otherwise agreed by the Parties or as described in Section 20(d) above, You agree that any claim or dispute you may have against Inter&Co must be resolved by a federal or state court located in Miami-Dade County, Florida. You agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes.

(f) Notice Requirement. For any dispute or claim that You have against Inter&Co or relating in any way to the Inter&Co Account or other Inter&Co services, You may either proceed directly to arbitration, or You may ﬁrst contact Us and attempt to resolve the claim informally by sending a written notice of Your claim (“Notice”) to INTER & CO PAYMENTS INC Customer Service by telephone at 1-888-305-7264; by e-mail at help@inter.co or by mail at Inter&Co’s Headquarters, Attn: Customer Service, 501 Brickell Key Drive, Ste 202 Miami, FL 33131, USA. If You elect to pursue pre-arbitration resolution through the Notice option, the Notice must (a) include Your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the speciﬁc relief sought. We shall also have the option, but not the requirement, to pursue informal pre-arbitration resolution with You through the Notice process set forth herein. Our notice to You, as and if applicable, will be similar in form to that described above. If You and Inter&Co cannot reach an agreement to resolve the claim through the Notice process, or if You or Inter&Co decide to immediately proceed to arbitration without pursuing pre-arbitration resolution through the Notice process, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”), or, under the limited circumstances set forth above, in court. All disputes submitted to AAA will be resolved through conﬁdential, binding arbitration before one arbitrator, unless they qualify for diﬀerent treatment pursuant to section 20(g) below. With the consent of both parties, arbitration proceedings may be conducted telephonically or via video conference, if You agree. For disputes alleging damages less than $30,000, the dispute will be decided on the basis of the parties’ written submissions and no ﬁnal hearing or in person proceedings will be required absent the consent of both parties. The most recent version of the AAA Rules are available on the AAA website and are hereby incorporated by reference. You either acknowledge and agree that You have read and understand the AAA Rules or waive Your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.

(g) Mass Arbitration. To the extent that multiple arbitrations are ﬁled against Us and qualify as “Mass Arbitrations” pursuant to the AAA’s Mass Arbitration Supplementary Rules, then such rules shall apply to the arbitration proceeding(s).

(h) Applicability of the Federal Arbitration Act and Delegation Provision. You and Inter&Co agree that these terms aﬀect interstate commerce and that the enforceability of this section 20 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. You and We clearly and unmistakably agree that the arbitrator shall have the power to rule on their own jurisdiction, the existence, scope, validity, and arbitrability of these terms, and which rules to apply in the arbitration pursuant to the provisions in this section 20. This delegation provision shall be deemed a contract entered into under the laws of the State of Florida and will be governed by the laws of the State of Florida together with the Federal Arbitration Act.

(i) Conﬁdentiality. The arbitrator, We, and You will maintain the conﬁdentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard conﬁdentiality, unless the law provides to the contrary. The duty of conﬁdentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

(j) Fees; Appellate and Enforcement Jurisdiction. You and We agree that for any individual arbitration You initiate, You will pay the ﬁling fee and We will pay the remaining AAA fees and costs unless otherwise stated. For any arbitration initiated by Us, We will pay all AAA fees and costs. For any Mass Arbitration (see section 20(g)), the parties’ respective responsibilities for AAA fees and costs shall be determined pursuant to the AAA Mass Arbitration Supplementary Rules.

(k) Attorney’s Fees and Costs. The parties shall bear their own attorneys’ fees in arbitration unless the arbitrator ﬁnds that either the substance of the dispute or the relief sought in the request was frivolous or was brought for an improper purpose (as measured by the standards set forth by Florida law). If You or We need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable a[orneys' fees incurred in securing an order compelling arbitration.

(l) Right to Opt Out of Binding Arbitration. You have the right to opt out of binding arbitration within thirty (30) days of the date You ﬁrst accepted these terms by sending a written opt-out notice via certiﬁed mail to 501 Brickell Key Drive, Ste 202 Miami, FL 33131, USA. In order to be eﬀective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the applicable terms of this section 20. PLEASE NOT THAT WE MAY TERMINATE THIS AGREEMENT AND YOUR INTER&CO ACCOUNT IF YOU DECIDE TO OPT OUT OF THIS BINDING ARBITRATION AGREEMENT.

(m) Severability. If any portion of this Section 20 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section 20 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section 20; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section 20 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no eﬀect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section 20 will be enforceable.

(n) Application of terms to Disputes. Notwithstanding anything to the contrary in this Agreement, and to the extent not prohibited by law, this section 20 shall apply to all disputes, whether now existing or hereafter arising, whether related to any matter occurring prior to or after the Eﬀective Date hereof, arising from or in connection with your use of the Inter&Co Account and other Inter&Co services, as applicable.

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