1. CUSTOMER AGREEMENT

• This Customer Agreement (Agreement) is a legal agreement between you and VG Platform Inc. (using the tradename Fleap Finance and known as Fleap, and otherwise herein referred to as “we,” “us,” or “our” depending on context). It governs your use of (and access to) the Services, which include the Website, App, API (application programming interfaces), and other Fleap Materials.
• You acknowledge and agree that you are at least eighteen (18) years old and legally capable of entering into this Customer Agreement by opening, registering, or using our Fleap Account, or by otherwise using the Services.
• You consent to receive communications related to the Services or your Fleap Account in electronic format (as outlined in our Electronic Communications Delivery Policy – which also provides for E-sign disclosures and consent).
• Please carefully review all the terms and conditions of our policies, as well as any other agreements that may apply to you. Such terms and conditions, as communicated to you by us through the Services or other methods, shall apply to your use of the Services, and such terms and limitations are included in this Customer Agreement.
• There are several sections to this Customer Agreement, and you should take the time to read them all carefully before signing. The headings are for the sake of reference. This Customer Agreement contains explanations for several capitalized phrases that may be found in the Definitions of this Customer Agreement. The terms in this Customer Agreement that have been underlined are hyperlinks to extra information on the website.

2. DEFINITIONS

The following are the definitions of terms contained in this Customer Agreement:

• API (application programming interface) refers to Fleap’s application programming interface.
• App refers to the mobile application software, as well as the data that is associated with it and the media that is used in conjunction with it.
• Business Day refers to any day other than a Saturday, Sunday, or public holiday on which financial institutions are open for business.
• Destination Country refers to the country in which any of the following occurs:

1. 1. If you are the Payee, where you receive either money or E-money from the Payer; or
   2. If you are the Payer, where you send either money or E- money to the Payee.

• E-money refers to electronically stored monetary worth.
• Instruction refers to a Payment Request or a Payment Instruction, as the case may be.
• Local Taxes refers to all applicable taxes or levies payable in the Destination Country.
• Fleap Account refers to the means with which you can use our services. It can be created on our website or mobile app in compliance with the terms of this Customer Agreement.
• Fleap Materials, unless otherwise specified, refers to any software (including but not limited to the App and API), data, materials, content, and printed and electronic documentation (including but not limited to specifications and integration guides) developed and made available by us or our affiliates or made available for download from our website. Fleap Materials include but are not limited to the App, API, developer tools, sample source code, and code libraries, as well as any printed and electronic documentation (including but not limited to specifications and integration guides).
• Payee refers to:

1. A person that receives money or E-money from a third party.
2. A person you transmit money, E-money, or investments to.

• A person that receives earnings of money, E-money or investments made by themselves.
• Payer refers to anyone that successfully transmits money to either themselves or a third party by means of the Services referred to in this Agreement.
• Payment Instrument refers to instruments such as ACH, debit card or credit card.
• Pay-out Amount refers to the amount paid, following any foreign exchange conversion, to a Payee, exclusive of the Service Fee and/or any other fees, charges, or costs we incur.
• Services refers to all services, content, features, technologies, or functionalities supplied by us, as well as all related websites, apps (including the App), and services.
• Service Fee refers to our fee specified as such on our website from time to time. Other taxes (for example, Local Taxes) and fees may exist that are not paid via us or imposed by us.
• Service Provider refers to a local bank, money exchange house, or another third-party service provider (e.g., mobile network operator) in the Destination Country engaged to deliver services to you.
• Source currency refers to the currency used to fund a foreign exchange transaction
• Target currency refers to the currency in which you or your Payee will receive money after it has been converted.
• Transfer refers to the use of your Fleap Account to upload, convert, and transmit money all in the same transaction at the same time.
• Transaction refers to the transfer of money, or Investments utilizing our Services, as the case may be.
• Transaction Amount refers to

1. the amount of money a Payer intends to transmit.
2. the amount of the proceeds or the value of Investments that you desire to transmit to yourself; or

• the amount of money or proceeds of Investment, that you wish to transmit to another Payee.

For each event, the Transaction Amount is the amount indicated by us on the App prior to any foreign exchange conversion and it excludes any applicable Service Fee.

• Transaction History refers to the record of your Transactions which are available through our App.
• Third Party Service refers to any online provider that you permit to issue us a Payment Instruction on your behalf. Depending on the authorizations you provide them.
• Unauthorized Transaction refers to when money is transferred from your Fleap Account without your approval and does not benefit you financially in any way whatsoever.
• Website refers to any webpage, including but not limited to fleap.finance, through which we deliver Services to you, and is defined as follows: www.fleap.finance

3. FLEAP FINANCE

• Fleap Finance is registered with the Securities and Exchange Commission (SEC) as a Robo Investment Advisor.
• We currently have set up fixed income investments with Advancly, an institution that helps individuals grow their money in a safe and secure way. Real Estate investment on our platform is built with Keble, an institution that offers a transparent and accessible means to fractional investment in real estate properties.
• The following are our current approved Destination Countries for terminating remittances:

Dominican Republic

Ethiopia

Gambia

Ghana

Kenya

Mexico

Nigeria

Senegal

South Africa

Tanzania

Togo

Uganda

4. OUR PARTNERS

We partner with licensed financial institutions to provide certain services. With Machnet Inc, we can carry out customer onboarding, funds collection and pay-out (Terms of Service and Privacy Policy). Investment funds will be processed through Checkout, an end-to-end, cloud-based payment platform. (Terms & Policies and Privacy Policy) Remittances on our platform is serviced by Golden Money Transfer Inc. (GMT) which uses the United States’ Nationwide Multistate Licensing System and Registry (NMLS) to manage its money transmitter licenses conveniently and safely(Terms and Conditions and Privacy Policy) Through GMT, we can operate in the following states:

Alabama

Arkansas

Arizona

California

Colorado

Connecticut

Delaware

Florida

Georgia

Idaho

Illinois

Maryland

Massachusetts

Minnesota

Missouri

Montana

Nevada

New Jersey

New Mexico

New York

North Carolina

North Dakota

Oregon

South Dakota

Tennessee

Texas

Utah

Virginia

Washington

District of Colombia

New Hampshire

Rhode Island

5. MAKING USE OF OUR SERVICES

• Account Setup: To enjoy part or all our Services, you must first create a Fleap Account. In compliance with legal requirements, any information you supply during the signup process should be complete, accurate, honest and it will be verified. You will be responsible for maintaining the accuracy of your postal address, email address, telephone number, and any other contact information that you may have. If you need to update the information you have, reach out to our customer support for assistance and provide complete, accurate information. Regardless of the cause, we retain the right to refuse to offer the Services to any person or organization and/or terminate providing the Services at any time.
• Fleap Account: All activities conducted under a Fleap Account are those of the registered user. Any transactions you make using the Services must be made on your own, and not on behalf of any other person or entity. Unless we expressly authorize the creation of additional Fleap Accounts, you are only permitted to establish one Fleap Account. We reserve the right to deny the establishment of multiple accounts for the same user. If duplicate accounts are discovered, Fleap may cancel or combine these accounts without notifying you.
• Data Protection: You acknowledge that we may handle personal data about you and personal data about other persons that you have supplied or will supply to us in the future in conjunction with this Agreement or Fleap’s Services. As such, you represent and warrant that:
  1. your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and that such data is accurate, up to date, and relevant at the time of disclosure; and
  2. (ii) before providing any such personal data to us, you have read and understood our Privacy Policy and, in the case of personal data relating to an individual other than yourself, you have read and understood our Privacy Statement.
• Securing your account: You are responsible for ensuring that all IDs, Login pins, and other data that you use to access your Fleap Account and the Services are always kept secure and under your control. You must never give out your Fleap Account encryption pin or your customer reference number to anybody else (see our Frequently Asked Questions page for more information about these credentials). Always keep them safe. Changing your pin frequently is recommended. We will never ask you for your pin, either directly or through a Third-Party Service. Inform us if someone approaches you and asks for your login pin. If you are unsure about your password, Login pin, or any other security- related part of your Fleap Account, please contact Customer Support. Examine third-party suggestions for the development and usage of passwords. You must never allow anybody to access your Fleap Account or watch you access your Fleap Account, and you must never share your Fleap Account password with anyone.
• Changing your password is recommended if you feel that your Fleap Account, login information, password, or any other security features have been stolen, lost, or have been used without authority or in any other way been compromised. If you suspect your credentials have been hacked, or if you have any doubts about the security of your password or any other security elements, contact Customer Support immediately to discuss your concerns. Thieves might use your compromised credentials to get access to your bank account and make transactions that you did not approve. Contacting us is the most effective method of reducing your risk of loss. In addition, please notify us immediately if your Fleap Account’s transaction history contains transactions that you did not initiate. We rely on you to monitor your Fleap Account’s transaction history regularly and to contact Customer Support as soon as you have any questions or concerns, which you should do promptly.
• We may suspend or otherwise restrict the functionality of your Fleap Account if we have concerns about the security of your Fleap Account or any of its security features; or if we suspect unauthorized or fraudulent use of your Fleap Account or any of its security features. You must ensure that your e- mail account(s) is(are) safe and only accessible by you, since your e-mail address may be used to change passwords or to contact you about the security of your Fleap Account if your account is compromised. If you believe your email address has been hacked, contact Customer Support immediately. Never use any capability that permits your login data or passwords to be kept by the computer or browser you are using, or to be cached or otherwise recorded by the computer or browser you use. Additional Fleap goods or Services that you use may have additional security requirements, which will be communicated to you by us, and you must become familiar with such requirements before using them.
• If you feel that a payment has been made incorrectly or misdirected, please read the sections below on Protection from Unauthorized Transactions, Cancellation of your currency conversion request, and Error Resolution for more information.
• Verification of Identity: When you register for a Fleap Account, you agree to give us the information we need for verifying your identity and detecting money laundering, terrorist financing, fraud, or any other financial crime, and to allow us to retain a record of such information. Before you may use the Fleap App, you must pass some verification steps. Fleap reserves the right to modify, restrict, or terminate your access to the Services based on the information Fleap collects about you on an ongoing basis. The information we request may include your name, address, telephone number, e-mail address, date of birth, social insurance number, and government identification, as well as information about your bank account (such as the bank’s name, account type, routing number, and account number), and in some cases, financial information (where permitted by law). By giving us this or any other information that may be needed, you attest to the accuracy and authenticity of the information. Additionally, you agree to notify us if any of the information you supplied changes.
• You permit us to conduct inquiries or enhanced due diligence (EDD) checks on you, directly or via third parties, as necessary to authenticate your identity or to protect you, other users and/or us from fraud or other financial crime, and to take any action we reasonably believe appropriate in response to the findings of such inquiries. You understand and agree that when we do these inquiries, your personal information may be provided to credit reference, fraud prevention, or financial crime authorities and that these organizations may reply fully to our questions. This is a simple identity verification process that should have no detrimental effect on your credit rating. Additionally, you authorize your wireless operator to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI), and other subscriber status details, if available, solely to verify your identity and to compare the information you provide to Fleap with your wireless operator account. Please refer to our Privacy Statement for information on how we handle your data.
• Accessibility: To use the Fleap App, you must have the appropriate technology (such as a smartphone) and Internet access subscriptions. Fleap has the right to terminate, suspend, or otherwise restrict your access to your Fleap Account and/or the Services if we are unable to gather or verify the information you supply.
• Links To Third-Party Websites. The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable (directly or indirectly) for the availability of such websites or resources; the content, advertising, products, or services on or available from such websites or resources; or any damage, loss, claim, or complaint caused by, arising from, or in connection with your use of or reliance on any such content, advertising, products, or services available on or through any such website or resource. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, advertising, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

6. SERVICES

• Remittance: Through our licensing partners (Machnet & GMT), you will be able to transmit funds to a Payee either online with Bank transfer (ACH), Debit card or offline, through a Cash Agent. There are a variety of factors that may influence the number of ways available to you, including your location and your verification status with us. You can transmit money by:

1. Bank Transfer (ACH Pull): We will require your bank login information or bank account information, as well as your bank account number and routing number if you prefer to transfer money utilizing our Automated Clearing House (ACH) draws direct debit service. When you choose to send money using our ACH pull direct debit feature, provide your bank account details and request a transaction, you authorize us to initiate electronic credits and debits to your bank account through the ACH network, including any applicable fees. Furthermore, you confirm that your account information is correct, that you have the authority to access and transmit funds from your financial institution’s account, that your financial institution’s account is in good standing, and that you have the authority to initiate an electronic funds transfer in the amount at issue to or from your financial institution. This authorization shall remain in effect for as long as you are a registered user with the Service unless canceled in accordance with this Customer Agreement.
2. Debit or Credit Card: If you want to send money using a debit or credit card (assuming that we offer such choices) you will be required to enter your card information, which includes your card number and the name of the person who will be receiving the money. It is your responsibility to ensure that the information you provide about your debit or credit card is correct and that you are authorized to access and transmit funds from your card account. You must also ensure that the financial institution that holds your card account is in good standing and that you have the authority to initiate a debit or credit card payment in the amount at issue to or from your card account. As a registered user of the Service, you may grant us permission to initiate credits and debits from your bank account through card payment networks to process a requested transaction, including any applicable fees. This authorization will remain in effect for as long as you are an active user of the Service unless cancelled by the terms of this Customer Agreement.

• Connecting to Cash Agent: Sending cash offline would be through a cash agent. You will be connected to an independent individual or outlet authorized to carry out Money Transfer services for customers. They can be located through the App or Website. Fleap has taken reasonable care to ensure agents are credible and would not be liable for their actions Cash Agents are neither agents nor employees of Fleap Finance.

• Connecting to Investments Opportunities: With a Fleap Account, you will be connected to fixed income and real estate opportunities that can help grow your money with APY up to 10%. Depending on your choice, returns may be paid either monthly or at the end of the investment tenure. If you choose monthly returns, you will be entitled to a fixed amount at the end of each month for the duration of the investment and the principal amount at the end of the tenure. On the other hand, should you decide to receive returns only at the end of the tenure, you will receive the total returns plus the principal amount. Returns may be transmitted to your personal account, an authorized Payee, or re-invested in other funds.

• Scheduling: With a Fleap Account, you may create a scheduling order to seamlessly enjoy any of or all our Services. You retain the right to reverse the order should you decide to. Reversals must be initiated no less than 24 hours before the transaction is to take effect failing which the order will continue as scheduled.

7. PROVISION AND USE OF SERVICES

• Subject to the provisions of the Agreement, we promise to offer the Services to you with reasonable care.
• You may not be able to use the Services, or any parts of the Services if you are located in certain areas, nations, or jurisdictions. This limitation may also apply when you are temporarily using our services from areas, nations, or jurisdictions (for example if you are traveling).
• Your Fleap Account will be credited as soon as we get your funds. We will not be liable for any funds you have financed until we have received them. If you use one of our specific financing methods, we will credit the money to your Fleap Account as quickly as possible, subject to our right to reverse the transaction. If the actual amount you planned to deposit into your account does not reach us within a reasonable period, we may take that amount from your Fleap Account. For further information, see Reversals and Chargebacks. If you do not have sufficient funds in your Fleap Account to cover this expense, we may be forced to seek repayment from you through other means. For further information, please see Negative Account Balances.
• In contrast to our Services, funding methods are services supplied by third parties, such as the credit or debit card issuer that issued your credit or debit card. We cannot guarantee that any specific upload method will be used, and we have the right to alter or discontinue the use of any funding method at any moment without prior notification from you.

• You must not access, use, or attempt to use the App to deliver any Instructions unless you are at least 18 years old. Depending on the region in which you reside, local laws may establish a different age or place other limits on your eligibility to enter into an agreement with us and to use the App. If this is the case, it is your job to comply with the local laws which impact you.
• You shall not use any device, program, or routine to interrupt or attempt to interfere with the correct running of the app or any Instruction being performed through the app.
• When registering for and using the app, you must:

1. give us genuine, accurate, current, and full evidence of your identification, and immediately update your personal information if it changes.
2. supply us with such identity verification as may be asked by us.

• furnish us with information on one or more accounts and/or Payment Instruments; and

1. give us truthful, accurate, current, and full information as we specify on our website is necessary to use the App and any additional information which may be required about you, any Payer, or Payee.

• You must take reasonable precautions to keep the details you use to access the app safe and to avoid unauthorized use. These steps include:

1. concealing such facts if you write them down and keeping them out of sight of third parties who should not have access to the app.
2. not sharing such facts with anybody else

• following any reasonable instructions which we offer you or post on our app or on our website from time to time and which are designed to assist you to maintain your use of our Services securely.
• You must only use the App to transmit money or make investments to persons whom you know directly.
• You must only act on your behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person.
• You must not use the App to transfer Transaction Amounts in conjunction with criminal conduct including but not limited to money-laundering, fraud, and the sponsorship of terrorist groups. If we suspect you are using the App or our Services in conjunction with unlawful behavior or for any fraudulent purpose, or are enabling a third party to do so, we shall report to the relevant legal authorities.
• When using the App or our Website or when dealing with us, with another user, or with a third party, you must do the following:

1. comply with the terms of your Agreement with us as well as any relevant laws, rules, or regulations.
2. confirm any information you supply to us, including evidence of identification.

• co-operate in any inquiry that we carry out, or that is carried out by any law enforcement agency, government agency, or regulatory authority.

1. not establish more than one registration without our prior written authorization.
2. not disclose incorrect, inaccurate, or misleading information.
3. not utilize an anonymizing proxy (a technology that aims to make activities untraceable); and

• not duplicate or monitor our App or Website using any robot, spider, or other automatic device or manual method, without our prior written authorization.
• If you have any issues using the App or our website, you should inform us without delay using the methods mentioned after this Customer Agreement.
• If you suspect or become aware that the details that you use to access the App is either lost, stolen, compromised, used without your authorization, or used fraudulently, you must contact us immediately through the channels listed at the end of this Customer Agreement.
• Provided it would not be unlawful for us to do so, and it would not compromise reasonable security measures, we will contact you by phone or email if there is an actual or suspected fraud affecting your use of the App, any money we hold to your account, or a security threat affecting the App or your money.
• Fleap thoroughly screens every investment on the platform but the final decision on the choice of investment to undertake shall be made by you.
• Nothing in this Agreement or any other material supplied by Fleap Finance as part of the services covered by the Agreement is intended to be, nor should it be interpreted to be, legal or other advice. You must contact your professional counsel as to the impact of legislation that may apply to the Agreement and the services under it.
• You further warrant that your use of the Services is done with adequate awareness of the risks associated with such Transaction whether concerning the Money Transfer or Investment aspects of the Services, and you are willing to fully assume the risk of conducting such transactions.
• You also acknowledge and warrant that we shall not be liable for any such risks or adverse outcomes that you encounter while using the Services. You, therefore, acknowledge that we fully satisfy any duty of care that we may owe to you as a user of our Services and agree to absolve us, fully indemnify us, and not hold us liable or responsible for any action, claim, cost, expense, damage and loss, including consequential loss or damage or loss of profit, which you may suffer or incur as a result of your use of the Services.

8. INTELLECTUAL PROPERTY RIGHTS

• We own the intellectual property rights in the Services, including the Website, App, API, and other Fleap Materials. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means), the Services, or any Fleap Material unless explicitly authorized in this Customer Agreement.
• You acknowledge that all rights, title, and interest in and to the Services, together with its codes, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, trade secrets, proprietary information, or other related materials is, and always shall remain our sole and exclusive property. Except for the right to use the Services, as expressly provided herein. This Customer Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses concerning the Services.
• Our name, the Services, and all related names, logos, product and service names, designs, and slogans are copyright and trademarks belonging to us. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
• Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
• We respect the intellectual property rights of others. Please contact us at wecare@fleap.finance if you believe your trademark is being used in violation of the law. If you believe that an allegedly infringing content has been made on the Services and you are authorized to act on behalf of the owner of the exclusive right in that content, you may send a notice to us at wecare@fleap.finance.

9. LIMITATION OF LIABILITY

• To the maximum extent permitted by applicable law, we shall not be liable to you for any cause whatsoever, regardless of the form of the action. As permitted by applicable law, we exclude all conditions, warranties, representations, or other terms which may apply to our Services or any content on them, whether express or implied. We will not be liable to any user for any loss or damage, whether direct or indirect, incidental, or special, consequential, or punitive, even if foreseeable, arising under or in connection with the use of, or inability to use our Services and you hold us harmless in respect of:

1. any loss of profits, loss of business, loss of revenue, loss of contracts, loss of goodwill, loss of anticipated earnings or savings (whether direct, indirect, incidental, or consequential); or
2. any loss of use or value or damage of any data or equipment (including software), waste management, operation, or other time (whether direct, indirect, incidental, or consequential); or

• Any special, indirect, punitive, incidental, or consequential loss arising in connection therefrom.
• We shall not be liable for any unauthorized use of the Services, or the consequences thereof. Such unauthorized use shall be entirely at your own risk.

10. INDEMNITY

• You hereby agree and undertake to fully indemnify and keep us harmless from and against all actions, claims, costs (including legal costs on a full indemnity basis), losses, charges, expenses, and damages which we may suffer or incur as a result of:

1. any fraud, negligence, dishonesty, or misconduct (criminal or otherwise) relating to the transactions perpetrated by you, your servants, agents, employees, or contractors or the fraud, dishonesty, or misconduct (criminal or otherwise) perpetrated by a third party as a result of the negligence or default of you, your servants, agents, employees, or contractors.
2. any loss arising from any fraud or dishonesty arising from a breach of security of your software or hardware by a third party on the Services.

• You shall not hold us liable or responsible for any action, claim, cost, expense, damage, and loss, including consequential loss or damage or loss of profit, which you may suffer or incur as a result of a breakdown in the Services or when the Services is not available by reason of circumstances beyond our control or arising directly or indirectly out of your use of the Services.
• We believe it is of utmost importance to protect our other users and we may in furtherance of protecting the other users, exercise our rights to restrict or deny you access or usage of the Services. Therefore, if we exercise our right to deny you or restrict your access to the Services, we will not be responsible for any consequences of our failure to provide you with access to the Services, including any delay, damage, or inconvenience that may result from such restriction or denial of access.

11. GENERAL DISCLAIMER OF WARRANTY

• The Services are provided to you “as is,” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. We do not warrant the accuracy or completeness of the service, the suitability of the content, or the reliability of any advice, opinion, statement, or other information displayed or distributed through the Services.
• We give no assurance that the Services will meet any or all requirements you may have, whether or not advised to you. Furthermore, we give no assurance that the running of the Services will be incessant, uninterrupted, or error-free, that defects will be corrected, or that the Services is free of viruses or other harmful components.
• We cannot guarantee and do not promise any specific results from the use of the Services. You, therefore, use the Services at your own sole risk.
• The Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Services or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the Services.
• We assume no liability for any and all problems caused by any data, network, database, software, hardware, or other operational environmental factors not within our direct control and we shall not be responsible for correcting such problems.
• No information or advice provided on the Services, by us, or by our employees or agents shall create any warranty.

12. FORCE MAJEURE

We will not be liable for any delay or failure to perform our obligations if and to the extent such delay or failure results from circumstances beyond our control. Such  events include but are not limited to acts of God, fire, flood, invasion, war, revolution, uprising, insurrection, social/public unrest, public disturbance, strike, riots, fire disaster, storm, acts of terrorism, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, and any other circumstance which may hinder or delay the performance of our obligations under this Customer Agreement.

13. CUSTOMER COMMENTS, INQUIRIES, COMPLAINTS, AND RESOLUTION OF DISPUTES

• If you have any comments or questions, please contact us via our Customer Support page here.
• When contacting us, please provide your name, phone number, and any other information necessary to identify you, your Fleap Account, and the transaction over which you have feedback or questions.
• Disputes are resolved through binding arbitration and a waiver of class actions. All disputes arising out of or related to this agreement or any aspect of the relationship between you and us, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by arbitration.
• The arbitration seat shall be Dover, Delaware without limiting your right to choose the location of arbitration hearings, as further provided herein. English shall be the language of the arbitration. The arbitrator shall be a qualified lawyer. The arbitrator will apply the law and will issue a final and binding award outlining the arbitrator’s reasons for the decision as well as a calculation of any damages awarded. Any court with jurisdiction may enter a judgment on the award. The arbitrator shall have the authority to decide arbitrability issues, to decide your and our rights and liabilities, if any. The arbitrator is authorized to grant motions resolving all or part of any claim or dispute. The arbitrator has the authority to award monetary damages and to award any other remedy or relief permitted by applicable law and this agreement. The arbitrator shall have the same authority as a judge in a court of law to award relief.
• Class arbitration and actions are waived. Any claims submitted by you or us under this agreement will be brought on an individual basis, not in a class, consolidated, representative, or collective manner. Only individual relief is available for claims covered by this arbitration agreement, and you and we agree that class arbitrations and class actions are not permitted under any circumstances, including that claims of more than one customer can not be arbitrated or consolidated with the claims of another custom you and we agree to waive our rights to participate in class arbitration and/or actions. Each party intentionally, knowingly, and voluntarily waives any and all rights to a trial by jury. Any dispute must be started within one year of the complaining party learning the facts grounding the controversy or claim, or it will be forever waived.
• Arbitration Exceptions: It is agreed that the following disputes (and only these disputes) are excluded from the above binding arbitration provisions and may be brought in any court with jurisdiction over the parties and subject matter:
  1. any claims that are eligible for distribution by a small claims court;
  2. any suit to command arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator’s award; and

• any suit to seek temporary injunctive

14. SEVERABILITY

It is agreed that if any portion of this section is found to be illegal or unenforceable, that portion will be severed and the rest of the sections will continue in full force and effect.

15.  OPT-OUT

• You may opt out of the provisions of section 12(c) by sending a timely written notice to the following address of your decision to opt out: Opt-Out From Fleap Arbitration, or by email to support@fleap.finance within 30 days of executing this agreement.
• Your notice must contain your name and contact details, as well as a clear statement that you wish to opt out of this section of the agreement. If you waive this section, the remainder of this agreement will still apply to you.
• Selecting out of this section will have no effect on any other arbitration agreements you may have with Fleap currently or may enter into in the future.

16. APPLICABLE LAW

This Customer Agreement shall be interpreted and governed by the laws in force in the United States of America without regard to or application of its conflict of law provisions or your state or country of residence.

17. ELECTRONIC SIGNATURE FOR DISCLOSURE AND PERMISSION

• You acknowledge and agree that we may communicate with you electronically in any or all of the following ways:

1. legally required disclosures, notices, and other communications relating to your access to or use of the Services, including, but not limited to, information about fees or charges and any legally required pre-and post-transaction disclosures.
2. customer service communications.

• privacy policies and notice.

1. change to this Agreement.
2. statements, information, and records relating to your transactions; and
3. information regarding the debiting of your account.

• Written Communication: All communications from us to you, whether electronic or written, shall be regarded “in writing.” You should print or download a copy of this Agreement and any other Communication that is significant to you for your records.
• Electronic Means of Communicating with You: All electronic communications that we send to you will be either

1. by e-mail
2. via access to the App Notification notice we send you at the time the information becomes available, or

• on the Fleap website or via SMS text message, to the extent authorized by law. You undertake to quickly evaluate any Communications provided to you and to accept these processes for sending and receiving electronic communications as acceptable.
• How to Keep Your Records Current: To receive electronic Communications, you must supply us with a true, accurate, and full e-mail address and contact information when you initially use the Services, and you must promptly tell us about any changes to this information. You may update some information (for example, your e-mail address) using the App.
• Requirements for Hardware and Software: To access, read, and keep electronic Communications that we make accessible to you, you must have access to your e-mail account or a commercially available Internet browser. For your records, you may desire to use a device capable of saving or printing the Communications.
• Requirement for Paper Copies: If you have accepted to receive communications electronically, we will not send you a hard copy of any Communication unless we believe it necessary. You can print a paper copy of an Electronic Communication. We retain the right but do not commit, to supplying you with a printed (rather than electronic) copy of any Communication that you have permitted us to provide electronically. You may receive a printed copy of any communications or agreements that are legally necessary. You may obtain a print copy of this document by emailing us at support@fleap.finance.
• Withdrawal of Consent: At any time, you may revoke your agreement to receive Communications in electronic form by emailing us at support@fleap.finance. Any withdrawal of your permission to receive electronic Communications will take effect only once we receive your request and have a fair amount of time to process it. You will continue to get Communications in electronic format in the interim. You will lose access to the Services if you revoke your permission. Withdrawing the agreement to receive marketing communications does not, however, prevent you from using the Services. If you withdraw your consent, the legal validity and enforceability of prior electronic communications will be unaffected, and your previous electronic records will remain accessible for the duration required by law and in a format that enables the record to be accurately reproduced for all persons entitled to access the record under applicable law.
• Federal Acts and regulations: You acknowledge and agree that your consent to electronic communications is being provided in connection with an interstate commerce transaction that is governed by the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that we intend for the E-Sign Act to apply to the fullest extent possible in order to validate our ability to conduct business with you electronically.
• Termination/Changes: We have the right, at our sole discretion, to cancel or amend the terms and circumstances under which we provide electronic Communications. As required by law, we will give you notice of any such termination or change.
• We shall refund your money in our custody, if Fleap’s operational license (where required), is suspended, withdrawn, revoked or otherwise no longer in operation.

18.ASSIGNMENT

You may not transfer or assign any rights or obligations you have under this Customer Agreement without our prior written consent in its sole and absolute discretion. We reserve the right to transfer or assign this Customer Agreement or any right or obligation under this Customer Agreement at any time.

19. MODIFICATIONS

• We reserve the right to change, modify and update this Customer Agreement at any time.
• Any aspect of the Services may be amended, changed, modified, supplemented, deleted, or updated without prior notice at our sole discretion. You should therefore pay attention to communications from us about updates.
• Your continued use of the Services after any modifications to this Customer Agreement shall mean you accept those modifications.