Consumer Account Agreement & Disclosures

Consumer Account Agreement & Disclosures

Welcome to Athena

Athena is a financial technology company, not a bank or FDIC-insured depository institution. Banking services for the Athena Cash account, including the deposit account and the Athena Visa® Debit Card, are provided by Grasshopper Bank, N.A., Member FDIC (the “Bank”), and certain payment and technology services are provided through Athena’s technology partners. Your deposits are held at the Bank. The FDIC’s deposit insurance coverage only protects against the failure of an FDIC-insured bank.

This Consumer Account Agreement & Disclosures (this “Agreement”) governs your Athena Cash account (the “Account”), a consumer deposit account, and the services connected to it. By applying for, opening, or using the Account, you agree to the terms below, together with the Rate Sheet and Fee Schedule, each of which is part of this Agreement. Our Privacy Notice, available in the Athena app and on our website, describes how we collect and share your information; it is provided for your reference and is not part of this Agreement. Please read it carefully and keep a copy; you may download or print it at any time, and we will provide a paper copy on request.

This Agreement contains an arbitration provision and a class-action waiver. Section 14 explains that most disputes between you and us will be resolved by binding individual arbitration instead of in court, and that you waive the right to a jury trial and to participate in a class action. Please read it carefully.

1. General Terms

In this Agreement, “you” and “your” mean each individual consumer who owns the Account. If the Account is a Joint Account, “you” and “your” mean each owner, separately and together. A Beneficiary you name is not 'you' and is not a party to this Agreement. “Athena” means Athena AI Holdings Inc., the financial technology company that operates the Athena Cash account program. “Bank” means Grasshopper Bank, N.A., Member FDIC, which holds your deposits and issues your card. “We”, “us”, and “our” mean Athena and the Bank, as applicable to the service described. Other documents that apply to your Account — such as our Fee Schedule and Rate Sheet — are part of this Agreement.

To help the U.S. Government fight terrorism and money laundering, federal law (the USA PATRIOT Act) requires us to obtain, verify, and record information that identifies each person who opens an account. We open your Account subject to our ability to verify your identity. We may ask for your name, address, date of birth, a government-issued identification number, and other identifying information or documents, and we may obtain reports from consumer or identity-verification agencies regarding your history with banking services. A taxpayer identification number is required for all accounts. You can review the Privacy Policy for more details.

Your Account is a demand deposit account. Your Account is not a prepaid account, credit card or gift card. Your Account is to be used only for personal, family, or household use. We may close your Account if we determine that it is being used for business purposes. You represent that you will not use your Account to conduct or operate any business, including any regulated or specialized activity identified in Grasshopper Bank’s Regulated & Specialized Activities Guidelines — such as money services or payment processing, cryptocurrency or NFT sales, lending or pawn brokerage, investment or real-estate services, adult entertainment, alcohol, tobacco, firearms, cannabis/CBD, gambling, or sweepstakes.

The Account is nontransferable, may not be resold, and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We may refuse to process any transaction that we believe may violate the terms of this Agreement or applicable law. You may not use your Account for any online gambling, escort services, or any illegal transaction.

You are responsible for all authorized transactions initiated and fees incurred by use of your Account. If you permit another person to have access to and use your Account, Account Number, Card, Card number, or PIN, we will treat such permission as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons to the fullest extent permitted by law. You are responsible for the authorized use and security of your Account information according to the terms and conditions of this Agreement.

You may give another person authority to make transactions on your Account by giving power of attorney to another individual. If you execute a power of attorney in favor of another person regarding the Account, you are referred to in this paragraph as the “Principal”. The person granted the 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 for providing 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 (i) we receive written revocation from the Principal; (ii) we receive written notification of the Principal’s death, or (iii) we receive written notification of the death or incapacity of the Agent.

2. Definitions

Account: The Athena Cash account, a consumer deposit account, you hold with us under this Agreement.

Account Number: The unique number used to identify your Account.

ACH (Automated Clearing House): Funds transferred to or from your Account through the automated clearing house network, such as direct deposit of payroll, tax refunds, or government benefits, and electronic bill payments.

Available balance: The amount in your Account you can use right now. We start with your end-of-day balance, add pending credits, and subtract pending debits, deposits not yet available, and holds.

Beneficiary: An individual you name in the Athena app to receive the funds in your Account on your death, as described under 'Account Ownership' in Section 4. A Beneficiary is not an owner of the Account.

Business day: Every day except Saturdays, Sundays, and federal holidays.

Card: The Athena Visa® Debit Card issued by the Bank and linked to your Account.

Current balance: The total amount in your Account at a given moment, before accounting for pending transactions and holds.

Debit card transaction: Any purchase or payment made with your Card, whether a one-time purchase or a recurring payment.

Direct deposit: An ACH credit posted to your Account, such as payroll or a government payment.

Electronic Fund Transfer (EFT): Any transfer of funds initiated electronically rather than by paper instrument, including ACH entries, point-of-sale (POS) and Card transactions, ATM transactions, direct deposits and withdrawals, instant-payment receipts, and transfers you initiate in the Athena app. Wire transfers are not EFTs; they are governed by the Funds Transfers and Wires provisions in Section 5 and UCC Article 4A.

Joint Account: An Account owned by two individuals, as described under “Account Ownership” in Section 4.

PIN: The personal identification number you select for your Card.

POS (point-of-sale): A Card transaction to buy goods or services or obtain cash, authorized by signature, by network rules, or by PIN.

Transaction (or item): Any ACH entry, funds transfer, Card purchase, ATM withdrawal, fee, charge, or other instruction to add to or subtract from your balance.

Overdraft: The amount by which a transaction would exceed your Available balance. The Athena Cash account is not designed to be overdrawn; see Section 6.

3. The Athena Cash Account (Truth in Savings)

This section is the Truth in Savings disclosure for the Athena Cash account. The Athena Cash account is the only consumer deposit account offered under this program; we do not currently offer savings, money market, certificate of deposit, or IRA products.

Rate Information. The interest rate and Annual Percentage Yield (APY) on your Account are variable. The interest rate is currently calculated as 10% of (the Effective Federal Funds Rate minus 1.00%), subject to a floor of 0.00%; we may increase or decrease the percentage applied in this formula at our discretion. The interest rate and APY will never be less than 0.00% — if the formula produces a result below 0.00%, the rate and APY are 0.00%, and we will never charge you interest on, or deduct interest from, your deposit balance. For current rates, see the Rate Sheet.

Balance Computation Method. We use the daily balance method to calculate interest. This method applies a daily periodic rate to the full amount of principal in the Account each day. Interest is compounded daily and credited to your Account monthly.

Accrual of Interest. Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items, such as checks deposited by mobile deposit.

Minimum Balance. There is no minimum balance required to open the Account and no minimum balance required to earn the disclosed APY.

Fees. Fees that could reduce earnings are described in the Fee Schedule (Section 15).

4. Opening & Closing Your Account

All accounts are opened subject to our ability to verify your identity under applicable law. During the application process we will request the information described in Section 1. Certain activity — such as outgoing wires — may be delayed for one or more business days after the Account is opened.

Identity verification and connected accounts. To open and service your Account, we use third-party data, identity, and account-verification providers to verify your identity and, at your direction, to connect external accounts and information. You authorize Athena and these providers to collect, access, and exchange the information reasonably necessary to provide these services, and you grant each such provider the right, power, and authority to act on your behalf to access and transmit your information as needed to provide that service. Depending on the features you use, these providers help us verify your identity and phone or device; link and verify external bank accounts you choose to connect and retrieve the account and transaction information needed to enable funding, transfers, and account verification; verify your income and employment and, when you request it, set up or update your direct deposit; and retrieve and verify account and loan or liability information (such as an outstanding balance or payoff amount) in connection with payments you make through the Services. When you connect an external account or use one of these providers, you may be asked to agree to that provider’s own terms and privacy policy, which govern the information you provide directly to it. You may withdraw a provider authorization or disconnect a linked account at any time in the app or by contacting us at support@athenamoney.co or 877-687-0111. You may decline to connect an external account, though certain features (such as external funding or direct-deposit setup) may be unavailable as a result. Information handled through these providers is also described in our Privacy Notice and Privacy Policy.

Transactions completed before the cut-off time on a business day are recorded that day; transactions after the cut-off time are recorded on the next business day.

Rules Governing Your Account

We may add, delete, or change the terms of this Agreement and will give you notice as required by law, including by posting the updated Agreement in the Athena app or on our website or by other electronic delivery. Please retain copies of this Agreement and any amendments. This Agreement includes an arbitration provision (Section 14) under which disputes are resolved by an arbitrator rather than in court.

Disputes and Conflicting Claims. If there is a dispute or conflicting claim about your Account (including a dispute between the owners of a Joint Account) or the authority of any person to give instructions, or if required by legal process or to address suspected fraud or financial abuse, we may at our discretion freeze the Account, refuse transactions, require additional documentation, or seek instructions from a court at your expense, until the matter is resolved. We are permitted but not required to take these actions.

Indemnification. Except as otherwise provided or required by law, you agree to indemnify and hold us harmless from claims, costs, and expenses (including reasonable attorneys’ fees) arising out of your acts or omissions in connection with your Account, and our actions taken in accordance with this Agreement or your instructions. This survives termination of this Agreement.

Consumer Reports. We may report information about your Account to consumer reporting agencies, which may be reflected in your consumer report. For a Joint Account, we may report information about each owner. If you believe we have reported inaccurate information, you may dispute it with the consumer reporting agency or with us in writing at the address in Section 17.

Communications. By providing your phone number, you consent to receive security and payment alerts about your Account by text message — such as fraud alerts, one-time passcodes, and payment confirmations. These alerts are part of servicing your Account, cannot be turned off while your Account is open, and are not affected by texting STOP. Message and data rates may apply. Optional account notifications and marketing messages are sent only if you opt in to them, are governed by our SMS Terms, and can be stopped at any time by texting STOP.

Security Interest; Enforceability. You grant us a security interest in your Account to secure amounts you owe us under this Agreement, except where prohibited by law. For a Joint Account, each owner grants this security interest, and where the law allows we may use funds in the Joint Account to repay amounts either owner owes us under this Agreement, regardless of which owner deposited the funds. We will not exercise this right of setoff against funds we are prohibited by law from reaching, including federally protected benefits, such as Social Security. If any provision of this Agreement is held invalid, the remainder stays in effect.

Account Errors and Adjustments. We may adjust your Account to correct errors, such as deposit discrepancies or returned items. You must review your statements promptly and notify us of any errors in writing within 30 days of the statement (longer deadlines set by law apply to forged or unauthorized endorsements and material alterations). For electronic transfers, the error-resolution procedures in Section 10 apply instead.

Important Tax Information

When you open your Account you must provide U.S. tax certification — a Form W-9 for U.S. persons, or a Form W-8BEN for foreign individuals. Accounts without valid certification are subject to backup withholding. Backup withholding applies if you provide an incorrect Taxpayer Identification Number (TIN), or if the IRS notifies us that you provided an incorrect TIN or that you are subject to backup withholding. The IRS may impose a $50 penalty for failure to provide a correct Name/TIN combination. Interest paid to U.S. persons is reported on IRS Form 1099-INT; interest paid to non-U.S. persons is reported on IRS Form 1042-S. For a Joint Account, each owner must provide a Taxpayer Identification Number and tax certification. We report interest to the IRS under the name and Taxpayer Identification Number of the owner listed first in our records.

Account Ownership

Ownership of your Account is determined by our records. We are authorized to rely on the ownership information in our system.

Individual Account. An Account owned by one person.

Joint Account. An Account owned by two people. A Joint Account may have no more than two owners. Each owner must be an individual who is at least 18 years old (or the age of majority in the owner’s state of residence), must apply in their own name, must pass our identity verification, and must personally agree to this Agreement, the E-SIGN Consent, and the other documents presented at account opening. The Joint Account is opened only when both owners have done so. A Joint Account is opened as a new Account. We do not add an owner to, or remove an owner from, an existing Account; to change who owns an Account, the Account must be closed and a new Account opened. If you have an Individual Account and want a Joint Account, you may open a new Joint Account and keep or close your Individual Account.

Ownership and Survivorship. A Joint Account is owned by both owners as joint tenants with right of survivorship, and not as tenants in common. Funds in a Joint Account are payable to either owner during the lifetime of both, or to the survivor after the death of one. When one owner dies, all funds in the Account on the date of death belong to the surviving owner as that owner’s own property, and not to the deceased owner’s estate. We do not offer Joint Accounts without right of survivorship.

Not a Tenancy by the Entirety. A Joint Account is held strictly as joint tenants with right of survivorship and not as a tenancy by the entirety, whether or not the owners are married to each other. By opening a Joint Account, each owner expressly disclaims ownership of the Account as tenants by the entirety under the law of Florida or any other state. This means a creditor of one owner may be able to reach funds in the Account, as described under “Security Interest; Enforceability” in this Section and “Legal Actions; Administrative Holds” in Section 18.

Not a Convenience Account. Both owners of a Joint Account own the funds. We do not offer convenience or authorized-signer arrangements, where a second person is added only to help manage an account without owning it. If you want someone to manage your Individual Account on your behalf, use a power of attorney as described in Section 1.

Authority of Each Owner. Each owner may use the Account acting alone, without the consent of or notice to the other owner. This includes making deposits, withdrawing or transferring any or all of the funds, using a Card, stopping payments, linking external accounts, reporting errors or unauthorized transfers, and closing the Account. We may act on the instructions of either owner, and we are not responsible to one owner for acting on the instructions of the other. Each owner can see all Account information, including statements and transactions made by the other owner.

Liability. Each owner is jointly and severally liable for the Account. This means each owner is individually responsible for the full amount of any negative balance, fee, or other amount owed on the Account, no matter which owner caused it or benefited from it, and we may collect from either owner or both.

Notices and Disclosures. Statements, notices, and disclosures for a Joint Account are available to each owner in the Athena app. Where the law permits, a notice or disclosure we provide to one owner is treated as provided to both.

Disputes Between Owners. We are not required to decide disputes between owners. If the owners give us conflicting instructions, or either owner tells us there is a dispute about the Account, we may take the actions described under “Disputes and Conflicting Claims,” including restricting the Account until both owners agree in writing or a court directs us.

Restrictions Required by Law. Each owner of a Joint Account must remain eligible for the Account for as long as it is open. If either owner does not complete or pass identity verification or re-verification when we request it, becomes subject to a restriction under the Bank’s anti-money-laundering (BSA/AML) program, or is identified as a person with whom the Bank is prohibited from dealing under U.S. sanctions laws, we may restrict, freeze, or close the entire Joint Account, including funds deposited by the other owner, when required by applicable law, regulation, or sanctions requirements, or by the Bank’s BSA/AML and risk-management obligations. We will tell you what we have done where the law permits; where the law prohibits notice, we will not. We are not liable to either owner for acting under this paragraph. Any remaining balance we are permitted to release is returned as described under “Closing Your Account.”

Beneficiary (Payable-on-Death) Designation. You may name one or more individuals as Beneficiaries of your Account in the Athena app. A Beneficiary designation makes the funds in your Account payable on your death to the Beneficiaries you named, to the extent permitted by applicable law. We may limit the number of Beneficiaries you can name and require identifying information about each one, including the Beneficiary's legal name, date of birth, relationship to you, and taxpayer identification number. If you name more than one Beneficiary, you tell us the share of the Account each Beneficiary receives, and the shares must total 100%. We rely on the designation in our records. A designation, change, or revocation is effective only when it has been received and recorded in the Athena app.

During Your Lifetime. A Beneficiary is not an owner of the Account, is not an authorized user, and is not a party to this Agreement. While you are alive, a Beneficiary has no right to the Account, to its funds, or to information about it. You may change or revoke your designation at any time in the Athena app, and the most recent designation in our records controls. Naming a Beneficiary does not change how we treat the Account during your lifetime, including our security interest and right of setoff and our obligation to honor legal process.

On Your Death. After we receive proof of your death and any other documentation we reasonably require, and after we deduct amounts you owe us, we will pay the remaining balance to the Beneficiaries you named in the shares you specified. A Beneficiary must survive you. If a Beneficiary dies before you, that Beneficiary's share is paid to the surviving Beneficiaries in proportion to their shares; if no named Beneficiary survives you, the Account belongs to your estate. We may require each Beneficiary to verify their identity and provide payment instructions before we pay, and we may pay by check or electronic transfer at our discretion. We may delay payment while any claim, dispute, or legal process concerning the Account is pending, and where state law requires us to report the death or to hold part of the funds until a tax release is provided, we will comply. We close the Account after paying the Beneficiaries; a Beneficiary cannot continue the Account.

Joint Accounts. On a Joint Account, either owner may make, change, or revoke the Beneficiary designation acting alone, and the designation applies to the Account as a whole. It takes effect only after the death of the last surviving owner. While any owner is alive, the Account passes to the surviving owner as described under "Ownership and Survivorship."

Deposit Insurance. Naming Beneficiaries may affect how the FDIC calculates deposit insurance coverage for your deposits at the Bank. Coverage depends on the FDIC's rules, the number of Beneficiaries, and your other deposits at the Bank. We do not guarantee any particular level of coverage. For details, use the FDIC's deposit insurance resources at fdic.gov.

Custodial, Trust, and Fiduciary Accounts. Athena does not offer Custodial, Trust, or Fiduciary Accounts. A Beneficiary designation is not a will or a trust, and you should consider consulting a legal or tax advisor about how it fits your estate plan.

Closing Your Account

You may close your Account at any time. Either owner of a Joint Account may close it, acting alone. We may also close your Account at any time, with or without cause; we will provide notice if applicable law requires and try to give notice when practical. When the Account is closed, we will return any remaining balance, after deducting amounts you owe, by check to the mailing address in our records, at no charge. For a Joint Account, we may return the remaining balance in any of these ways, at our discretion: by electronic transfer to the verified external account the Account was funded from or that is linked to it; by check or electronic transfer to either owner individually; or by check or electronic transfer to both owners jointly. If your balance is insufficient to cover what you owe, you remain responsible for the unpaid amount. Your obligations for transactions made before closing continue after the Account is closed. We may report account closures involving negative activity to a consumer reporting agency. Accounts at a zero or negative balance may be closed.

Dormant Accounts. Under state unclaimed-property laws, if your Account has no customer-initiated activity for the period set by your state, we may be required to transfer the balance to the state as unclaimed property. Customer-initiated activity includes purchases, withdrawals, deposits, or written communication with us; interest postings do not count. If this occurs, we may try to locate you at the address last shown in our records. If we are unable to locate you, we may be required to escheat any money in your Account to the applicable state as unclaimed property. Your Account is classified as dormant after 12 months with no purchases, withdrawals, or deposits.

Death or Legal Incompetence; Forfeiture. You agree that your personal representative or family will 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: (i) notified of your death or adjudication of incompetency, and (ii) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death, we may pay or process transactions on your Account 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 such claims made on the Account. Notify us immediately if the owner dies or is declared legally incompetent. We may freeze, offset, refuse, or reverse transactions. If your Account is seized or forfeited to a governmental entity, you lose ownership and the funds do not earn interest during that period. If your Account has a Beneficiary designation, we pay the remaining balance as described under 'Beneficiary (Payable-on-Death) Designation' in this Section. If it does not, we pay it to your estate or as applicable law directs.

Death of a Joint Account Owner. If one owner of a Joint Account dies, the funds in the Account belong to the surviving owner as described under “Account Ownership,” subject to any claim or legal process we are required to honor. The surviving owner must notify us promptly, and we may require proof of death and other documentation. Some states require us to report the death of an account owner to state tax authorities, or to hold part of the funds until a tax release is provided; we will comply with those laws. The ten-day period described above does not limit transactions by the surviving owner. The surviving owner remains responsible for all amounts owed on the Account. We may continue the Account in the surviving owner’s name or require that it be closed and a new Individual Account opened. A Beneficiary designation on a Joint Account does not take effect on the death of one owner. It takes effect only after the death of the last surviving owner.

5. Account Transactions

How you access your Account. The Athena Cash account is accessed through the Athena app and your Card. The Account does not include physical check writing; you cannot write paper checks against the Account except through the Bill Pay functionality for sending paper checks to a recipient. You may not order checks for your Account from us or through check printing vendors. If you attempt to write a check, it will be rejected. You can receive funds by direct deposit, incoming ACH, incoming wire, and instant payment (Section 8), and you can send funds by Card, outgoing ACH, outgoing wire, internal transfer, and Bill Pay. You may deposit eligible checks using mobile check deposit in the Athena app. We do not accept cash deposits.

Endorsements. When you deposit a check by mobile deposit, endorse the back with your signature and write “For mobile deposit at Athena” below it. You are responsible for items returned due to improper endorsement. For a Joint Account, you may deposit a check payable to either owner. A check payable to both owners together is not eligible for mobile deposit.

Verification, Collection, and Provisional Credit. Any item we accept for deposit is subject to later verification and final payment. When you receive an ACH credit, the credit is provisional until we receive final settlement; if we do not receive final payment, you must repay us the amount of the provisional credit. Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We are not required to notify you each time we receive an ACH credit; it will appear on your statement. If a deposited item is returned unpaid, we may charge it back to your Account, with or without prior notice, and may re-present it electronically. You authorize us to attempt to collect previously returned items without giving you notice.

Our Right to Refuse Deposits. We may refuse to accept any deposit for any reason. We may also place a hold on, or charge back, items that are lost, returned, or suspected to be unauthorized.

Direct Deposit. Funds may be deposited to your Account (including all or part of your paycheck or any federal or state government benefit or payment (e.g., federal tax refunds or social security payment) by use of the Automated Clearing House (ACH), commonly referred to as “direct deposit”. To arrange for direct deposit, you will need to provide your employer or relevant government payer our banking routing number 026015244 and your Account Number. You may obtain your Account Number by contacting us by phone or logging into the Mobile App once your Account has been opened. The 16-digit Card Number embossed or printed on your Card should not be used for initiating direct deposits or your deposits will be rejected. 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, the person or company making the deposit may tell you every time they send us the money. You may also call us to find out whether or not your direct deposit has been received. You agree that only direct deposits in your name or the name of someone for whom you have the legal authority to accept funds will be deposited to the Account. All other direct deposits in the name of anyone else may be declined and returned. If we discover that a direct deposit in the name of someone else was successfully deposited to your Account, we may deduct the amount of the deposit and return it. You should check with the payer to determine the effective date for any direct deposit they send to your Account.

Transfers From Another Bank Account. Funds may be deposited to your Account from an eligible checking or savings account held at a U.S. financial institution by means of an ACH transaction initiated by you with the originating bank. You agree that only deposits in your name or the name of someone for whom you have the legal authority to accept funds will be deposited to the Account. All other deposits in the name of anyone else may be declined and returned. The originating bank may charge you a fee. Transfers may take up to three (3) business days before the funds are credited to your Account.

Transfers Through Other Third Parties. At our sole discretion, we may enable your Account or Card to accept funds from sources other than you for certain payments, stipends, or compensation. You must be the designated beneficiary of the payment and cannot accept payments on behalf of another person.

Account Balance & Transaction Information

Balances shown in the app and at ATMs may not reflect recent transactions in real time and may include funds that are not yet available for withdrawal. The end-of-day cut-off time for transactions is dependent on the transaction type; transaction cut-off times can be viewed below. Transactions completed after the cut-off time are treated as occurring on the next business day.

Cash deposits are not accepted.

Transaction Cut-Off Times

The following cut-off times apply on business days (Eastern Time) and reflect the underlying payment-network and processor windows, and these times may change. A transaction you submit before the cut-off is processed that business day; a transaction submitted after the cut-off, on a weekend, or on a federal holiday is processed on the next business day. Inclement weather, natural disasters, or computer or electronic failures may also affect the business day and business hours.

Funds Transfers and Wires

The following applies to requests to transfer funds from your Account to an account at another institution (for example, outgoing wires and outbound ACH). You authorize us to debit your Account for the transfer amount and any applicable fee.

Your Information; Security Procedures. We may require you, from time to time, to pass security measures like logging in using your username and password, inputting one-time passcodes, receiving telephone calls to confirm that you initiated the wire request, or answering security questions (together, referred to as “Wire Security Procedures”) in order to access our wires platform. You acknowledge and agree that these Wire Security Procedures are commercially reasonable to you. You also acknowledge and agree to be bound by any wire instructions involving your Account, including any payment order request, whether or not authorized by you, that are initiated on our wires platform in compliance with these Wire Security Procedures. We aren’t liable to you for any delay in processing any wire instructions, including a payment order request, if you fail to provide, or delay providing, this information to us. You also understand and agree that the Wire Security Procedures are designed to verify the source of the payment order request and aren’t intended to detect errors in the content of a wire instruction. We rely on the information you provide, including the beneficiary’s account number and any institution identifier. If you provide an incorrect number, you may be responsible for resulting losses, even if it causes funds to be credited to the wrong account.

Cancellations and Amendments. For transfers, we can act on a cancellation or amendment only if we receive it before the transfer is executed and with reasonable time to act. Once executed, cancellation requires the agreement of the beneficiary bank; returned amounts may be reduced by fees.

Rejection; Delays. We may reject a transfer request without prior notice — for example, if it exceeds your limit, if funds are insufficient, if information is unclear, or if we cannot verify the request. We are not responsible for delays or failures beyond our reasonable control, including those caused by fraud screening, sanctions, or compliance review.

Domestic Wire Claims. You must notify us of any error or problem with a wire within 30 days after you receive notice that it was completed. If a delay or error resulted from our mistake, our obligation is limited to that required under UCC Article 4A; any interest we owe will be at our published interest rate. We are not liable for incidental or consequential damages relating to a funds transfer.

6. Withdrawals, Posting Order & Overdrafts

ATM withdrawals. You can use your Card to withdraw cash at ATMs. Surcharge-free withdrawals are available at ATMs in the Plus Alliance network; other ATM operators may charge a fee, and a fee may apply for an out-of-network balance inquiry even if you do not complete a fund transfer. Withdrawal amounts are subject to your Available balance and the limits in Section 8.

No check writing. The Account does not offer paper checks. To pay a third party, use Bill Pay, a Card payment, or an outbound transfer. Where Bill Pay sends a paper check on your behalf, the stop-payment and related rules in Section 8 apply.

Posting Order. We may post transactions in the order we choose. Generally, on each business day we add deposits made before the cut-off time, then deduct fees, then deduct real-time transactions (such as Card purchases, ATM withdrawals, and most ACH debits) as they occur if the Available balance is sufficient, and then deduct any remaining items.

Overdrafts. The Athena Cash account is not designed to be overdrawn, and we generally will not authorize transactions that exceed your Available balance. We do not charge an overdraft or non-sufficient funds fee on the Account. If your Account becomes overdrawn (for example, because a hold is released or a deposit is returned), you must repay the negative amount promptly, and you remain liable until it is repaid. For a Joint Account, each owner is liable for the full negative amount, as described in Section 4. Your account may be closed if repayment does not occur within 30 days of incurring a negative balance.

When We May Refuse a Withdrawal. We may refuse a withdrawal or transfer in certain cases, including: the funds are not yet available; there are insufficient funds; the Account is collateral for an obligation; we are required to comply with legal process; required identification or documents are missing; or we suspect fraud, irregularity, or illegal activity.

One-Time or Recurring ACH Transfers. You may provide another party the ability to initiate transfers from your Account (on a one-time or recurring basis) through an ACH transaction. If you authorize the party initiating the withdrawal with advance authorization to make recurring ACH transfers to or from your Account, the transfers are referred to as “preauthorized transfers”.

7. Account Statements & Electronic Communications

We provide a periodic statement covering the activity in your Account for each statement period, available in the Athena app under your documents. Your statement summarizes your balance and itemizes transactions. For a Joint Account, we provide one statement for the Account, and it is available to each owner in the Athena app.

You agree that all Communications that we provide to you in electronic form may be provided to you electronically by (1) posting Communications to your online account through a secure message in the app; (2) making Communications available on our website or at a different website that we may, from time to time, communicate to you; (3) sending Communications to your designated email address (which may include attachments or embedded links); (4) making Communications available to you during your online session; or (5) by requesting you download a PDF file containing the Communication.

All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Consent and any other Communication that is important to you.

You agree that an electronic facsimile of your signature or your electronic agreement carries the full legal weight of a written signature. You acknowledge and agree that your 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 and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law. This Consent does not apply to any Communication that we determine, in our sole discretion, that we are required to deliver in paper form under applicable law or that you should receive it on paper rather than electronic form.

8. Electronic Banking (Regulation E)

This section applies to electronic fund transfers (EFTs) to and from your Account — including Card transactions, ATM transactions, ACH entries, Bill Pay, and instant-payment receipts. This section does not apply to wire transfers (see Section 5). We comply with the federal Electronic Fund Transfer Act, and you are entitled to the error-resolution remedies in Section 10. You may have additional rights under the law of your state.

Your Card and Access Credentials

Your Athena Visa® Debit Card and PIN allow you to make purchases and ATM withdrawals. Keep your PIN, password, and Card secure; no Athena or Bank employee will ever ask for your PIN. If you believe your Card, PIN, or login credentials have been lost, stolen, or used without your permission, notify us immediately (Section 9). We will issue a replacement Card before your Card expires; the Card remains our property, and we may cancel it at any time. You may cancel your Card at any time by notifying us.

Transaction Types & Limits

Withdrawals, transfers, purchases, and deposits are limited by your Available balance and by the limits below. These are consumer-facing per-transaction and per-day limits; aggregate program-level limits are maintained internally. We may apply lower limits to new accounts and may change limits for security or risk reasons.

Bill Payments. You can pay third parties through Bill Pay in the app; payments are sent electronically or by mailed check. There is no charge to use Bill Pay. You may schedule one-time and recurring payments and may cancel a scheduled payment until 11:59 PM ET on the day before the scheduled payment is sent. Canceling one payment in a recurring series cancels the future payments in that series. You may request a stop payment on a Bill Pay check at no charge at any time before the check has been deposited or cashed. When a Bill Pay check is sent, we place a hold on your Available balance for the check amount; if the check is stopped, or expires uncashed, the hold is released back to your Available balance. Checks not deposited within 180 days are void, and the hold is released. A stop-payment request must reach us in time to give us a reasonable opportunity to act; because checks enter processing when deposited, we generally cannot stop a check after it has been deposited or cashed. To request a stop payment, contact us in the app or by phone. If a preauthorized payment varies in amount, the payee is responsible for notifying you of the change; contact the payee, not Athena, about varying amounts. If, for any reason, the payment cannot be canceled, you will be notified via secure message.

Third-Party EFTs. You may authorize a third party to initiate EFTs using your Account and routing numbers, such as electronic check conversion or recurring ACH debits. Only share your account information with trusted parties you have authorized.

International Card Transactions. Athena does not charge a foreign transaction or currency-conversion fee. Visa® may assess a foreign transaction fee and sets the exchange rate for transactions made in a foreign currency or processed outside the United States; we do not control Visa’s fees or rates. PIN-based POS transactions may not be available at international locations.

Stopping Automatic (ACH) Payments

To stop a preauthorized electronic (ACH) payment, contact us through the app or by phone at least three (3) business days before the payment is scheduled. If you request a stop payment by phone, we may require written confirmation within 14 days after you call. A stop-payment order on a recurring ACH is permanent and stops all future payments from that originator until you ask us to remove it. If you order us to stop a preauthorized payment three (3) business days or more before it is scheduled and we do not do so, we will be liable for your losses or damages. Athena will notify you if, for any reason, the ACH stop payment is unsuccessful. You may need to contact the sending/receiving party directly.

Preauthorized Payments – Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay is required to tell you, ten (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.

Preauthorized credits. If you have arranged to have direct deposits made to your Account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money.

Instant Payments — Receive-Only (RTP® / FedNow®)

Receiving Instant Payments

Your Account can receive instant payments through the RTP® network and/or the FedNow® Service.

• Incoming instant payments are credited and available immediately, 24/7, with no dollar limit.
• Instant payments are final when received and generally cannot be reversed.
• At this time your Account can receive, but not send, instant payments.
• If an instant payment posts to your Account in error, contact us — your error-resolution rights in Section 10 apply.

9. Lost or Stolen Cards & Unauthorized Transfers

Tell us AT ONCE if you believe your Card, PIN, or login credentials have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Contacting us promptly is the best way to limit your losses — you could otherwise 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 login credentials, you can lose no more than $50 if someone used your Card, PIN, or login credentials 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 login credentials, and we can prove we could have stopped someone from using your Card, PIN, or login credentials without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, code 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.

If you believe your Card, PIN, or login credentials have been lost or stolen, call: 877-687-0111 or send a secure message in the app to the Athena support team

For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.

Visa® Zero Liability. For unauthorized transactions processed on the Visa network, your liability is $0 if you promptly report the loss or theft, you exercised reasonable care in safeguarding your Card, and your Account is in good standing. Visa Zero Liability does not apply to PIN transactions not processed through the Visa network or to certain commercial or anonymous prepaid transactions; in those cases the liability limits described above apply.

State-Specific Terms. Some states provide greater protection; if the law of your state limits your liability for unauthorized transfers to a lower amount, that lower limit applies.

Joint Accounts. Each owner of a Joint Account authorizes the transactions the other owner initiates, and the transactions initiated by anyone the other owner permits to use their Card or access credentials. Those transactions are not unauthorized transfers, and each owner is responsible for them. This does not limit either owner’s rights under this Section or under Section 10 (Error Resolution) for a transfer initiated by someone neither owner authorized — for example, if an owner’s Card or access credentials are lost, stolen, or compromised by a third party. Either owner may notify us under this Section, and notice from one owner is notice for the Account.

Confidentiality. We will disclose information to third parties about your Account or transfers you make:

1. Where it is necessary for completing transfers.

2. In order to verify the existence and condition of your Account for a third-party, such as a credit bureau or merchant.

3. In order to comply with government agency or court orders.

4. If you give us written permission.

5. To our employees, auditors, affiliates, service providers, or attorneys as needed.

6. Otherwise as necessary to fulfill our obligations under this Agreement.

10. Error Resolution Procedures

In case of errors or questions about your electronic transfers, contact us as soon as you can if you think your statement or a transaction is wrong, or if you need more information about a transfer. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Tell us your name and Account number, 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 tell us the dollar amount involved. If you tell us orally, we may require you to send 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, we may take up to 45 calendar days to investigate your complaint or question. In that case, we will credit your Account within 10 business days (20 business days for a new account) for the amount you think is in error, so that you have use of the money during the time it takes us to complete our investigation. If we ask for your complaint or question in writing and 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 the investigation, and if we decide there was no error we will send a written explanation. You may request copies of the documents we used. Provisional credit is conditional and may be reversed if we determine you are responsible for the transfer.

Our Liability. If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. There are exceptions:

(1) If, through no fault of ours, you do not have enough money in your account to make the transfer.

(2) If the automated teller machine where you are making the transfer does not have enough cash.

(3) If the ATM, website, or app was not working properly and you knew about the breakdown when you started the transfer.

(4) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the transfer, despite reasonable precautions that we have taken.

(5) If access to your Account has been blocked after you reported your Card, PIN or passcode lost or stolen.

(6) If access to your Account has been blocked by us for suspected fraud or if we have reason to believe a requested transaction is unauthorized.

(7) If there is a hold on your funds or your funds in your Account are subject to legal process or other encumbrance restricting their use.

(8) In the case of pre-authorized credits, the data from the third party is not received, or is incomplete or erroneous.

(9) There may be other exceptions stated in our agreement with you.

In case of errors or questions — contact us

Athena — Athena Cash account 11 Carlisle Street, Suite 303, Hanover, PA 17331 Phone: 877-687-0111 · Email: support@athenamoney.co

11. Liability Disclaimer

Except as otherwise required by law, we are not liable for any claim, cost, loss, or damage caused by an event beyond our reasonable control — including natural disasters; emergencies such as war, terrorism, or labor disputes; legal or governmental actions; equipment, power, or communications failures; interruptions by third-party providers; or your own acts or omissions. To the extent permitted by law, neither you nor we (nor our affiliates, officers, employees, or agents) will be liable to the other for special, incidental, indirect, consequential, exemplary, or punitive damages. This disclaimer does not apply where prohibited by the law governing your Account.

12. Funds Availability Policy (Regulation CC)

Our Policy. Incoming wires and instant payments (RTP® and FedNow®) are available on the day we receive them. Electronic direct deposits and incoming ACH credits are available on the business day the transaction settles — generally within 1–2 business days from when the payment shows as pending. Availability for each deposit type is shown in the table below. All check deposits to your Account are made by mobile deposit through the Athena app; we do not accept deposits of cash or of checks at a branch or ATM. Mobile check deposits are not subject to Regulation CC. Instead, we make funds from a mobile check deposit available only after the check has cleared — that is, after the check has been presented to the paying bank and the period for that bank to return it unpaid has passed. Funds from a mobile check deposit will generally be available on the fifth (5th) business day after the business day we accept your deposit, and will not be made available if the check is returned unpaid. We may make funds available sooner, or delay availability longer — for example, if we have reason to doubt the check will be paid, the check is unusually large, or your Account is new or has been repeatedly overdrawn. We reserve the right to make such deposits available at our discretion.

Business Days. 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 closing 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 closing or on a day we are not open, we will consider that the deposit was made on the next Business Day we are open.

Determining Availability. If you make a deposit before the cut-off time on a business day we are open, we consider that day the day of your deposit; otherwise the deposit is considered made on the next business day. The length of any delay is counted in business days from the day of deposit.

If a Check Is Returned. If a check you deposited is returned unpaid at any time — including after the funds have already been made available — you are responsible for the amount of the item. We may charge it back to your Account, place a hold, reverse the credit, or recover the amount by set-off against your Account or any linked funding source.

13. Substitute Checks & Your Rights

Federal law permits banks to replace original checks with “substitute checks” — legal copies that can be used the same way as the original. Although your Account does not include check writing and we do not return checks to you, a check you deposit by mobile deposit may be processed as a substitute check. If a substitute check is incorrectly charged to your Account (for example, the wrong amount, or the same check charged twice), federal law gives you the right to claim an expedited refund of your loss, up to the amount of the substitute check, plus interest and related fees. Contact us within 40 calendar days of the statement showing the problem at 877-687-0111 or by secure message in the Athena app, and include a description of the error, an estimate of your loss, and information identifying the check. You may receive up to $2,500 of your refund within 10 business days and the remainder within 45 calendar days of your claim; a refund may be reversed if we later show the check was correctly posted.

14. Arbitration Agreement with Class Action and Jury Trial Waiver (“Clause”)

Arbitration. You and we agree to resolve all Claims by arbitration as set forth in this Clause. Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (“AAA”), according to the rules in this Clause and the procedures of the AAA. The rules of this Clause will govern if there is any contradiction with the AAA procedures. A single arbitrator will be appointed. Requests for a copy of the AAA procedures, demands for arbitration, and any question about the AAA must be sent to: American Arbitration Association, 1633 Broadway 10th Floor, New York, NY 10019. You may also visit it online at www.adr.org. If the AAA is unavailable, and you and we can’t agree on a replacement, then you or we may ask a court with jurisdiction to select the substitute arbitration administrator. The AAA and any substitute arbitration administrator are referred to as the “Arbitration Administrator.” Counsel initiating an arbitration shall certify that each demand for arbitration complies with the requirements of Federal Rule of Civil Procedure 11(b) and that the party has complied with pre-arbitration requirements set forth below in the “Pre-Arbitration or Lawsuit Requirements.” Any arbitration under this Clause shall be conducted in accordance with the AAA Consumer Arbitration Rules and, if applicable, the AAA Mass Arbitration Supplementary Rules (the “AAA Rules”), available at www.adr.org. All issues are for the Arbitrator to decide, including the scope of his or her own jurisdiction, and the arbitrability of individual claims, except that questions of whether the parties have entered into an agreement to arbitrate are for a court of competent jurisdiction to decide. This Clause and any arbitration under it are governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.

Waiver of Class Action and Jury Trial. If you start an arbitration or we demand arbitration, you give up your right to: (a) have a court or jury decide the Claim; (b) bring the Claim as a private attorney general or representative of other parties; (c) without our consent, join the Claim with claims of other consumers, other than the other owner of your Joint Account for Claims relating to that Account; or (d) engage in a class action or class arbitration.

Opt Out. If you do not want this Clause to apply, you must send us a signed notice, which includes your account number, stating that you opt out of this Clause. The notice must be sent within 30 calendar days of the later of the date you open your account or the date that this Clause is made available to you. You must send the notice in writing to us at Athena AI Holdings Inc., 11 Carlisle Street, Suite 303, Hanover, PA 17331, Attn. Legal Dept. (or any address we later provide you to opt out of this Clause) (the “Notice Address”). For a Joint Account, each owner who wants to opt out must send their own notice; an opt-out by one owner does not opt out the other.

Covered Persons. This Clause governs you, each person who owns the Account, and us. As used in this Clause, the words “we,” “us,” and “our” mean: (1) Athena AI Holdings Inc. and/or Grasshopper Bank, N.A., Member FDIC; (2) their parents, subsidiaries, affiliates, assignees and successors; (3) the employees, directors, officers, shareholders, members and representatives of these companies; and (4) any person or company that you name in a Claim at the same time you pursue a related Claim against us.

THIS CLAUSE DOES NOT APPLY IF YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT (THE “MLA”) AND YOUR TRANSACTION IS SUBJECT TO (AND NOT EXEMPT FROM) THE MLA.

Covered Claims. This Clause governs all “Claims” between you and us that in any way arises from or relates to the use, payment, or provision of the good, service, money, or credit provided by this Agreement. It also includes disputes about the validity, coverage, or scope of this Agreement.

Claims does not include individual actions brought in small claims court. If an individual action originally brought in small claims court is transferred, removed, or appealed to a different court, it is then eligible for arbitration at either party’s request.

If you or we seek public injunctive relief as a remedy for any Claim (a “Public Injunctive Relief Request”) you and we agree that the Public Injunctive Relief Request cannot be arbitrated. Instead, that Public Injunctive Relief Request shall be adjudicated by a court after all other Claims to be decided in arbitration under this Arbitration Agreement are resolved in arbitration, including all causes of action pursuant to which a Public Injunctive Relief Request is made. You and we agree to jointly request that the court stay the Public Injunctive Relief Request until after the remaining Claims have been finally resolved in arbitration, and that the parties will only seek to lift the stay and request that the court resolve the Public Injunctive Relief Request if an arbitrator finds that one of them is liable for a Claim for which public injunctive relief is an available remedy.

Pre-Arbitration or Lawsuit Requirements. Before starting an arbitration or lawsuit, the party seeking to commence a proceeding (the “Claimant”) must give the other party (the “Respondent”) written notice of the Claim (a “Claim Notice”). Claim Notice sent to us must be provided to us at Athena AI Holdings Inc., 11 Carlisle Street, Suite 303, Hanover, PA 17331, Attn. Legal Dept. We may send a Claim Notice to you at any address we have for you in our records. The Claim Notice must explain in reasonable detail the nature of the Claim and include any supporting facts, the requested relief, the Claimant’s address and phone number, and the Claimant must sign it.

A notice or letter stating that any amount you owe us is past due will serve as a Claim Notice.

The Claimant and Respondent must try to resolve the Claim on an individual basis and without filing an arbitration or lawsuit for at least 30 days (the “Pre-Filing Period”). During the Pre-Filing Period, either party may request that the parties participate personally in a meeting (a “Meet-and-Confer”) which may occur in person, online or by conference call to attempt in good faith to resolve the Claim. The Meet-and-Confer is limited to Claims between you and us. If you are represented by counsel, your counsel may also participate in the Meet-and-Confer. We may participate through any of our representatives.

The Claimant may not start an arbitration or lawsuit until the Claimant complies in full with this requirement. The Claim Notice shall not apply to claims that are asserted only as counterclaims. The statute of limitations for any Claim will be tolled for 60 days following service of a proper Claim Notice.

Mass Arbitration Procedure. If a Claim is part of a “Mass Arbitration” under the arbitration organization’s rules, the parties agree that the additional procedures in this subsection shall apply. The parties acknowledge that electing to be part of a Mass Arbitration may delay the adjudication of a Claim. If Claims qualify as a Mass Arbitration, counsel for the parties shall each select 5 claimants from each side (10 claimants total) to proceed in individual arbitrations as part of a staged process (“Stage One”), while all other claims are stayed. After Stage One is complete, the parties shall promptly engage in a global mediation. If the remaining Claims are not resolved after the global mediation, counsel for each side shall select 10 new claimants (20 claimants total) to proceed in individual arbitrations (“Stage Two”), while all remaining claims are stayed. After Stage Two is complete, the parties shall promptly engage in a second global mediation regarding the remaining Claims. If the remaining Claims are not resolved, the Arbitration Administrator shall administer the remaining Claims in concurrent batches of 50 claimants, with each batch assigned to one arbitrator, who shall conduct individual arbitrations.

Confidentiality. You and we agree to keep confidential all aspects of each arbitration, any confidential information produced in the Arbitration and any arbitration award or decision. But, either party may disclose such information to the extent needed to pursue the arbitration, to appeal or confirm any award, to get professional services, or as otherwise required by law. Any court filing to appeal or confirm an award must be made under seal. At either party’s request, the Arbitrator shall enter an order protecting confidential information.

Location. The arbitration shall be conducted where applicable law requires, or if there is no such law, at a location determined by the rules of the Arbitration Administrator or at some other place the parties agree.

Arbitration Fees and Decisions. Unless it would conflict with law or make this Clause invalid:

The Arbitrator will decide each party’s share of arbitration fees and costs for arbitration. But, we will pay all arbitration fees and costs required by law or required to enforce this Clause. The Arbitrator need not limit a fee award because your Claim is for a small amount. Unless it would conflict with law or make this Clause invalid, a party is entitled to its reasonable fees and costs if the other party brings or defends a Claim for any improper purpose, including to harass the injured party, cause unnecessary delay or increase costs to the injured party.

The parties agree that the provisions of Federal Rule of Civil Procedure 68 shall apply to any Claim and be enforced by the arbitrator.

15. Fee Schedule

You can view the Fee Schedule for fees that may apply to your Athena Cash account. All services not listed are provided at no charge. Visa® may separately assess fees or exchange rates for international transactions, which we do not control.

16. Rate Sheet

You can view the Rate Sheet for an up to date schedule of rates that apply to your Athena Cash account. Rates are variable and may change at any time without notice.

17. How to Contact Us

For questions, errors, lost or stolen Cards, stop payments, or disputes, contact Athena Customer Support:

• In the Athena app: Support / Help Center
• Phone: 877-687-0111
• Email: support@athenamoney.co
• Mail: Athena AI Holdings Inc., 11 Carlisle Street, Suite 303, Hanover, PA 17331

18. Miscellaneous

Receipts. You should get a receipt at the time you make a transaction using your Account, including using your Card to access the Account. You agree to retain, verify, and reconcile your transactions and receipts.

Returns and Refunds on Transactions. If you are entitled to a refund for any reason for goods or services obtained with your Account, you agree to accept credits to your Account for such refunds and agree to the refund policy of that merchant. There may be a delay of up to five (5) Business Days or more from the date the refund transaction occurs until the date the refund amount is credited to your Account.

Account Balance Refund. In the event that your Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. To ensure timely receipt of funds, you should review the address listed on your Account and contact Customer Support to correct your mailing address, if needed. (See section entitled “How to Contact Us”).

Address or Name Changes. You are responsible for notifying us of any change in your physical address, mailing address, email address, telephone number, or your name no later than two (2) weeks after said change. Any notice of change of address or name required by this Agreement may be provided to us by calling our Customer Support number or by writing to our Customer Service address (see the section entitled “How to Contact Us”). We may require verification from you of any change. Typically, this will be in the form of independent documents confirming your name and new address. We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree and understand that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.

Legal Actions; Administrative Holds. If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your Account (termed legal action in this section), we will comply with that legal action. For a Joint Account, we may comply with legal action that names either owner, and where the law allows it may reach all funds in the Account, regardless of which owner deposited them. Or, in our discretion, we may freeze the assets in the Account and not allow any payments out of the Account until a final court determination regarding the legal action. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your Account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys’ fees and our internal expenses) may be charged against your Account. We may place an administrative hold on the funds in your Account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (i) your own interest; (ii) others claiming an interest as survivors or beneficiaries of your Account; or (iii) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your Account for these reasons.

Assignment. Your Account and your obligations under this Agreement may not be assigned by you. We may transfer our rights under this Agreement. Use of your Account is subject to all applicable rules and customs of any clearinghouse or other network or 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.

Cancellation and Expiration. We may cancel or suspend your Account or this Agreement at any time, subject to any notice required by applicable law. Amendments to this Agreement are governed by “Rules Governing Your Account” in Section 4. You may close your Account and terminate this Agreement at any time by contacting us by mail or telephone (see the section entitled “How to Contact Us”). Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. For security or other reasons, we may close or cancel the Account at our discretion if it is dormant (see “Dormant Accounts” in Section 4) or if you have maintained a zero ($0.00) Balance on your Account for 12 months. If we identified any fraudulent, illegal or any other use of your Account that is not permitted by this Agreement, to the extent permitted by law, we may, at our option and without waiving any of our rights, offset any direct loss up to the amount suffered by us as a result of such use from any Balance on your Account or any other Account that you may have, or may open in the future.

Waiver of Notices. To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your Account. For example, if you deposit a check and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.

ACH Transfers. If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your Account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries may be made by ACH. If we receive a payment order to credit your Account by ACH, we are not required to give you any notice of the payment order or credit.

English Language Controls. Any translation of this Agreement is provided for your convenience. The meanings of 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.

Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter. If any of the terms of this Agreement are invalid, or declared invalid by order of court, change in applicable law, or regulatory authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement. This Agreement is governed by the law of the State of New York except to the extent governed by federal law.