Last Updated: July 27, 2026

Rates and Fees Table

Interest Rates
Annual Percentage Rate (APR)	0%
Minimum Interest Charge	$0
Fees
Annual Membership Fee	$0
Virtual Card Activation Fee	$0
Additional Virtual Cards Fee	$0
Replacement Card Fee	$0
Transaction Fees
Foreign Transaction Fee	Up to 1% of the transaction amount
Currency Conversion Fee	Up to 0.45% of the transaction amount
Penalty Fees
Late Payment Fee	Up to 2.99% of all amounts past due

The rates and fees set forth in the table above constitute the Fee Schedule for the Account. We will give you advance notice of any change to the Fee Schedule where required by law.

This Commercial Charge Card Agreement (“Agreement”) is entered into by and between GBank, Member FDIC, a Nevada state-chartered bank headquartered in Las Vegas, Nevada (“Bank”, “we” or “our”) and the Customer identified in the related application (“Customer”, “you” or “your”). We have engaged Fluz Fluz LLC (“Fluz”) to service the Account and the Service on our behalf. You may access and manage your Account, and contact customer service, through the Fluz platform; customer service is available 24 hours a day, 7 days a week by live agent. The Bank is the issuer of the Account and the Cards and is the extender of credit under this Agreement. In consideration of the representations, warranties, covenants and agreements set forth herein, the parties hereby agree as follows:

1. Introduction

(a) Card Programs. The Account is a commercial charge card account. The Account and the Cards are issued on a credit bank identification number (BIN) range, and this Agreement governs only such charge (credit BIN) Cards; it does not apply to any prepaid or debit card. We may make the Account available through one or more card programs, brandmarks, and card networks (including Visa and Mastercard); the specific card program, features, and benefits applicable to your Account will be those communicated to you for your Account. The Fluz Charge Card is designed to handle all of your Fluz account’s purchasing, travel and entertainment spending needs through a single card platform.

(b) The Service. We, at your request, have agreed to provide to you our card services (“Service”). The Service consists of the Account, the Cards, and the related services described in this Agreement.

(c) Information. Before we can make the Service available to you, you are required to complete a set up and implementation process and complete related forms. This process includes the selection of important features and options available with the Service and the designation of persons with authority to act for you (“Authorized Persons”). In addition, we may require information or the execution of documents at various times throughout the duration of this Agreement. You agree to provide any information and to execute documents that we reasonably require in connection with the Service, including without limitation any information we may request for each Cardholder.

(d) Representatives. We will rely on the information provided to us by an Authorized Person or your other agents, officers, employees and representatives (“Representatives”) in providing the Service to you. Any changes in Representatives or to the information you provide us must be promptly communicated to us and given or promptly confirmed in writing, although we may, in our sole discretion, act on oral requests for changes. We may request separate documents, certificates or resolutions from you to establish the authority of your Representatives. A change shall be effective only after we receive the proper request and have had a reasonable opportunity to act on it. We shall not be liable to you for any Authorized Person or Representative who exceeds the limits of his or her authority.

 

(e) Privacy. We will collect and disclose information about you and your Account as described in our respective Privacy Policies. Please read them carefully. They summarize: 

• The personal information we collect; 
• How we safeguard the confidentiality and security of personal information we collect; 
• When we may share the personal information we collect with others; and 
• How you can limit our sharing of the personal information we collect.

2. Establishment of Account and Issuance of Cards

(a) The Account. Upon completion of the set up process, we will establish for you a commercial charge card account (“Account”) subject to the Credit Limit we establish, and issue cards (or similar devices) and account numbers associated with your Account (the “Card(s)” or “Fluz Charge Card(s)”) to your designated employees (“Cardholders”) in accordance with this Agreement and our Service procedures. We will honor all transactions unless the Card or the Account has been effectively cancelled as provided in this Agreement. Once issued as requested by you and subject to this Agreement, you are solely responsible for the use of the Card by each Cardholder and for imposing and enforcing any limits you wish to impose on a Cardholder’s use of the Card.

(b) Cardholders. You are responsible for the use of each Card and Account number by you and each of your Cardholders. As part of this responsibility, you agree: (i) to review, or cause each Cardholder to review, the Cards upon receipt to confirm that all information is correct, and to notify us immediately if it is not; (ii) to impose internal controls and procedures to prevent fraud and unauthorized use of a Card; and (iii) to timely review and reconcile all Account activity and transactions.

(c) Transactions. Unless otherwise restricted by us, your Cards and the Account may be used to purchase or reserve goods or services by all generally recognized means. We are not responsible for the failure or refusal of anyone to honor a Card. Subject to the express limitations set forth in this Agreement, you are responsible for all uses of a Card and Card number regardless of the means by which the transaction is effected and regardless of whether it is authorized by you or violates your internal policies, controls or restrictions.

(d) Customer Identification Program. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHEN YOU OPEN AN ACCOUNT, WE WILL ASK FOR THE NAME, ADDRESS, EMPLOYER IDENTIFICATION NUMBER AND ORGANIZATIONAL DOCUMENTS OF THE ACCOUNT OWNER AND THE NAMES, ADDRESSES, DATES OF BIRTH, AND OTHER INFORMATION CONCERNING EACH PRINCIPAL OWNER THAT WILL ALLOW US TO IDENTIFY THE ACCOUNT OWNER AND ITS PRINCIPAL OWNERS. WE MAY ALSO ASK TO SEE EACH PRINCIPAL OWNER’S DRIVER’S LICENSE OR OTHER IDENTIFICATION DOCUMENTS.

(e) How Credit Is Extended and Repaid. Your Account is a commercial charge card account that accesses an open-end line of credit we extend to you up to your Credit Limit. The Account is a full-pay account; you must repay in full the amounts you charge. When you make a transaction, we extend credit and the funds are advanced to pay the transaction; after the transaction is made, we collect the amount you owe from the Funding Source(s) you designate, as described in Sections 6 and 9. The Account is not a debit or prepaid account: each transaction is an extension of credit by the Bank that you are obligated to repay.

(f) Funding Sources. To use the Account, you must designate one or more “Funding Sources” from which we collect amounts you owe. Funding Sources may include (i) the balance you hold with Fluz (your “Fluz Balance”), which is held for you in a custodial account at and maintained by the Bank, and (ii) one or more external bank accounts you link to your Account (each, a “Linked Bank Account”). Through your Account settings, you select which Funding Source(s) we use and the order in which we use them. You authorize us to collect amounts you owe from your Funding Source(s) as set forth in this Agreement, and you agree to maintain Funding Sources with sufficient available funds (your “spend power”) to repay the amounts you charge.

(g) Authorizations and Spend Power. When you initiate a transaction, we extend credit up to your Available Credit, and we may evaluate the available funds (spend power) in your designated Funding Source(s) in accordance with your Account settings. We may decline or limit a transaction if your Available Credit is insufficient, if the transaction would exceed any Spending Limit we have set (see Section 8), or if we determine that your Funding Source(s) lack sufficient spend power or present a risk of non-payment. We begin the process of collecting the amount you owe from your Funding Source(s) after the transaction is made.

(h) Credit Reporting Information.

You authorize us to get information from consumer reporting agencies and other sources for servicing or review of your Account, collection and any other use permitted by applicable law, including to consider you for other products and services. 

We will tell you if we requested a consumer report about you and give you the name and address of the consumer reporting agency that provides us a consumer report about you, if you ask us. 

We may report information about your Account to the credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report.

If we report information about your Account to the credit bureaus and you think any information about your Account that we reported is incorrect, please write to us at the Notice Address, Attn: Credit Reporting. Include your name, address, Account number, phone number and a description of the specific information you believe is incorrect. If available, please include a copy of the credit report in question.

3. Card Administrator

In the setup process, you will appoint an individual to serve as your administrator (“Card Administrator”) with complete authority to administer and manage the use of the Service on your behalf. Unless restricted by you, the Card Administrator has the authority to: designate personnel with access to administrative features; designate Cardholders and establish their individual Card limits; cancel a Card and change the limit associated with a Card; issue replacement Cards; obtain information and reports about, and monitor, Account and Card use; and accept and act on all communications from us regarding the Service. We may, without further inquiry, rely on and accept instructions related to the Service from any person who identifies himself or herself as the Card Administrator.

4. Promise to Pay

(a) Obligation. You promise to pay us all Obligations without deduction or setoff in accordance with this Agreement each billing cycle. You are required to pay us whether or not the use of the Account, Card, Account numbers or other incurrence of indebtedness was authorized by you. Cancellation of a Card or termination of the Account does not excuse your obligation to pay for all purchases or other charges incurred through the effective time of the cancellation or termination, regardless of when actually posted. As used in this Agreement, “Obligation(s)” means: (i) the aggregate outstanding amount of all advances made by us on or in connection with the Account, through the use of a Card, an Account number or otherwise; (ii) all of your obligations for the indemnification of us under this Agreement; and (iii) all costs, charges, expenses and other amounts owing to us under this Agreement. Payment of the Account balance is due in full on the due date specified on the Account Statement (“Payment Due Date”).

(b) Foreign Currency Transactions. To convert transactions made in foreign currencies into U.S. dollars, the relevant card association or its affiliate (“Card Association”) will use its then-current currency conversion rates and procedures. The currency conversion rate is generally a wholesale market rate or a government-mandated rate in effect on the date of conversion, increased by the currency conversion markup set forth in the Fee Schedule, which markup is set by the Card Association and passed through to you. The rate used on the conversion date may differ from the rate in effect on the transaction date.

(c) Liability for Unauthorized Use. 

(i) If you believe that a transaction on your Account was unauthorized, you must notify us as soon as possible but not more than sixty (60) days after the transaction appears on your Account Statement. You will be required to provide reasonable information about the transaction and to cooperate with our investigation.

(ii) Your liability for a series of unauthorized uses cannot exceed either $50 or the value obtained through the unauthorized use before the card issuer is notified, whichever is less. “Unauthorized use” means the use of a card by a person, other than the Cardholder, who does not have actual, implied, or apparent authority for such use, and from which the Cardholder and you receive no benefit.

5. Periodic Account Statements

(a) Effect. After the close of each billing cycle, we will make available a detailed account statement, with transactions on each Card or Account number itemized separately (“Account Statement”). The Account Statement will show transactions posted since the last Account Statement, any payments and adjustments, amounts charged, the outstanding balances, and the Payment Due Date.

(b) Discrepancies. Except for matters subject to Section 4, if there is a discrepancy between your records and any Account Statement or other confirmation, or you discover any other error, you must notify us within thirty (30) calendar days after you receive such Account Statement or confirmation, or within such greater time as may be required by applicable law. If you fail to do so, you may be precluded from asserting the discrepancy against us. All entries in our books and records shall constitute conclusive evidence of transactions unless you furnish proof of manifest error.

(c) Individual Statements. Unless you request and we otherwise agree, we will make available online an individual statement for each Card issued under your Account at the end of each billing cycle.

6. Making Payments

(a) Payment Due Date. Payment of the full amount of the Account as shown on the Account Statement is due on or before the Payment Due Date. The Account is a full-pay account, which means you must pay in full the amount specified. You authorize us to collect the amounts you owe automatically from your designated Funding Source(s), and we may do so on or after the date of each transaction. You should not send cash payments or payments via check, money order, certified check or cashier’s check. We will generally return these payments to the address we have for you in our records, but reserve the right to apply any mailed payments to your Account if it is in default at our discretion. We are not liable for any payment returned to you, including if the payment is lost or stolen. 

(b) Authorization to Collect from Funding Sources. You authorize us to collect amounts you owe by (i) applying your Fluz Balance and (ii) initiating ACH debit entries to any Linked Bank Account you designate, in each case in accordance with your Account settings. You authorize these debits on a recurring basis until you revoke the authorization by closing the Account and paying all Obligations in full. You agree to be bound by the NACHA Operating Rules with respect to these ACH transactions, and you represent that each Linked Bank Account is a business account that you own or are authorized to debit. If an attempted collection from a Funding Source is returned, reversed, or otherwise fails, the amount remains immediately due, and you authorize us to collect it from any other Funding Source or by any other means permitted under this Agreement.

(c) Application. We reserve the right to apply payments and other credits to the Account in any manner we choose in our sole discretion. All credits for payments are subject to final settlement by the institution on which the item was drawn or from which the electronic payment was made.

(d) Credit Balances. Credits will be applied to the next Account Statement unless you and we otherwise expressly agree.

7. Account Controls

(a) Monitoring Obligation. You are responsible for monitoring the use of the Cards, account numbers and the Account, and detecting unauthorized or improper use.

(b) Lost or Stolen Cards; Unauthorized Use. You are responsible for cancelling any lost, misused or stolen Cards, any Cards or the Account you suspect may have been the subject of fraud, and the Card of any Cardholder no longer authorized by you. You may cancel a Card or terminate a Cardholder’s use by contacting our customer service center. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft, or possible unauthorized use in writing at 234 Fifth Ave 2nd Floor, New York, NY 10001, or by telephone at the number provided through the service, after we have had a reasonable amount of time to act on your notice.

(c) Protect Your Information. It is important that you protect your Card and Account information to prevent unauthorized use, misuse, or fraud. You must ensure that you and any authorized users:

• Keep the Card secure at all times.
• Keep any device (for example smart phones, tablets or other electronic devices) that can download, store or access Card or Account information secure at all times.
• Are careful about who you share Card or Account information with. 
• Follow any Card activation process we tell you about, as soon as possible.
• Protect your PIN (personal identification number), telephone codes, online passwords and any other codes we provide or approve for you to use on your Account. 

(d) Notify Us if Your Information Changes. You must notify us immediately if there is a change to your name, telephone number, mailing address, email address or any other contact information you provided us so that we can continue to provide you with statements and important messages about your Account.

8. Credit Limit

(a) Establishment. We will establish a Credit Limit for the Account and communicate it to you. You are responsible for specifying a limit for each individual Card or class of Cards; if you do not, we may establish a limit up to the Account Credit Limit. We may refuse to authorize any transaction that would cause the amount outstanding against a Card or the Account to exceed the applicable Credit Limit or your Available Credit.

(b) Over-limit Transactions. If we determine in our sole discretion to authorize a transaction that would exceed the Credit Limit for the Account or a Card, we shall not be liable for doing so, and you shall, at our request, immediately pay in full the entire amount of the excess.

(c) Changes. We may from time to time and in our sole discretion (i) change the Account’s or any Card’s limit(s), (ii) reduce a limit to $0, (iii) cancel one or more Cards or close the Account, or (iv) limit the number and amount of transactions. We will notify you promptly. Except for cases of known or suspected fraud, regulatory requirements, or where we believe there exists a risk of loss to us, we will use commercially reasonable efforts to consult with you in advance before reducing limits.

(d) Available Credit. Your “Available Credit” at any time equals your Credit Limit minus your Balance and any pending or unposted amounts, and is also subject to any Spending Limit under Section 8(e). We may treat your Available Credit, or a particular transaction, as unavailable if your designated Funding Source(s) lack sufficient spend power. “Balance” means the total outstanding and unpaid amount you owe on your Account at any time.

(e) Spending Limit. In addition to the Credit Limit, we may set a maximum dollar amount of purchases we will authorize on the Account or any Card (a “Spending Limit”). We determine and adjust the Spending Limit in our sole discretion based on your spending, payment history, and overall credit worthiness. The Spending Limit may be lower than your Credit Limit, and we may change it at any time without prior notice. We are not required to disclose your exact Spending Limit, although we may give you guidance about whether a particular transaction or level of activity is likely to exceed it. You may not exceed the lesser of your Spending Limit or your Credit Limit at any time, and we may decline any transaction that would do so. Setting or adjusting a Spending Limit is a risk-management control and is not a reduction of your Credit Limit.

9. Repayment, Funding Authorizations, and Set-Off

(a) Collection Authorization. You authorize us to collect all amounts you owe from your Funding Sources as described in Section 6, including by applying your Fluz Balance and by initiating ACH debits to your Linked Bank Account(s). A collection from a Funding Source to satisfy amounts you owe does not increase your Available Credit.

(b) Security Interest in Fluz Balance. To secure the amounts you owe under this Agreement, you grant us a continuing security interest in your Fluz Balance and any other funds we hold for you, together with all proceeds. We may apply those funds to amounts you owe at any time, including by exercising this security interest or our right of set-off. You authorize us to take any action we consider necessary to perfect this security interest, and we may file a copy of this Agreement or a financing statement to perfect it. Our rights in those funds are governed by Article 9 of the Uniform Commercial Code as in effect in the jurisdiction governing this Agreement.

(c) No Interest. We do not pay interest or other earnings on your Fluz Balance, except as otherwise required by applicable law or expressly agreed.

(d) Shortfall. If your Funding Sources do not fully repay the amounts you owe — for example, if an ACH debit is returned or your Fluz Balance is insufficient — the unpaid amount is immediately due, you remain responsible for it, and we may suspend or limit the Account until it is paid.

10. Representations, Warranties and Undertakings

(a) Ours. We represent and warrant to you that: (i) we have the legal right to execute and perform our obligations under this Agreement; (ii) we are duly organized and validly existing, and we are in good standing under the laws of the State of Nevada; (iii) the execution and delivery of this Agreement has been authorized by all necessary corporate and required governmental action; and (iv) the person signing on our behalf is duly authorized to do so.

(b) Yours. You represent and warrant to us that: (i) any financial statements you have provided fully and fairly present your financial condition and results of operations; (ii) all other financial information you have provided is true and correct; (iii) you have not suffered a material adverse change in your financial condition since the date of your most recent financial statements; (iv) you have the legal right to execute and perform your obligations under this Agreement; (v) you are duly organized, validly existing and in good standing in the jurisdiction in which you were organized; (vi) the execution of this Agreement and the incurrence of the Obligations have been authorized by all necessary corporate and required governmental action; (vii) each person signing on your behalf is an Authorized Person duly authorized to do so; and (viii) your execution, delivery and performance of this Agreement do not violate any law or any material agreement binding on you.

(c) Financial Statements. Upon our request, you and any required guarantor each agree to furnish us with current financial statements and other information pertaining to your or each guarantor’s financial condition.

(d) Funding Sources. You own, or are authorized to designate and authorize debits to, each Funding Source, including each Linked Bank Account, and your Fluz Balance is held for your benefit free of competing liens other than the security interest granted to us under this Agreement. You will not grant any competing security interest in your Fluz Balance, and you will execute any further documents we reasonably request to perfect or continue our security interest.

11. Security Procedures

You represent that you have in place, and will maintain and enforce, reasonable policies and procedures to reduce the incidence of fraud and other unauthorized use of, and access to, Cards and your Account, and to preserve the confidentiality of your Account numbers and Account access procedures. You agree to safeguard and keep confidential the pricing terms for the Service. You must notify us immediately if there has been a breach of your security.

12. Disclaimer of Warranties

We disclaim all warranties, express or implied, in connection with the Service. We do not warrant that the Service shall be error free or uninterrupted. YOU WAIVE ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND WITHOUT RECOURSE TO BANK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES THAT ARE NOT DIRECT, ACTUAL DAMAGES RESULTING FROM OUR BAD FAITH, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PROVIDING THE SERVICE; AND WE WILL NOT IN ANY EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR SPECULATIVE LOSSES OR DAMAGES (INCLUDING LOST PROFITS, LOST TIME, LOST SAVINGS, GOODWILL AND OPPORTUNITIES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY FOR DAMAGES UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE FEES CHARGED BY BANK DURING THE SIX MONTHS PRECEDING THE DATE ON WHICH YOUR CLAIM ACCRUED. We shall not be liable for any loss caused by any act or omission of any third party, any charges imposed by any third party, any failure of hardware or software used by a third party to provide the Service, or lost data.

14. Indemnification Obligations

You agree to indemnify and hold us and our officers, directors, employees, shareholders and agents harmless from and against any and all losses, liabilities, actions, claims, judgments, settlements, damages, costs and expenses, including reasonable fees and costs of legal counsel, resulting directly or indirectly from, or arising in connection with, (a) our providing the Account or Cards, extending credit to you or otherwise providing the Service (other than losses resulting from our bad faith, gross negligence or willful misconduct), and (b) your violation of any of your representations, warranties or covenants under this Agreement.

15. Default

(a) Events. Subject to applicable law, you shall be in default upon the occurrence of any of the following: (i) you fail to make any payment of any Obligation when due, or a collection from a Funding Source is returned or reversed; (ii) you become generally unable to pay your debts as they become due; (iii) any creditor tries by legal process to take or foreclose upon any of your assets; (iv) you or any guarantor becomes insolvent or is subject to any bankruptcy or insolvency proceeding; (v) you provide us with any false or misleading material information; (vi) any representation or warranty is untrue in any material respect, or you breach in any material respect any covenant under this Agreement; (vii) your Fluz Balance or a Linked Bank Account is suspended, restricted, or closed, you revoke an authorization required for us to collect amounts you owe, or your Funding Sources become insufficient to repay your Balance; (viii) you violate any applicable law in connection with the Account or use of the Cards; (ix) any guarantor is in default of any guaranty with us; (x) we believe in good faith that your ability to pay or perform has been materially impaired, or that a material adverse change has occurred in your Funding Sources or in our ability to collect amounts you owe; or (xi) a significant change occurs in your ownership, organizational structure, or type or volume of business.

(b) Remedies. If you are in default, we may, in our sole discretion and subject to applicable law: (i) declare all or any portion of the Obligations immediately due and payable; (ii) immediately terminate this Agreement, the Account or any Cards; (iii) revoke or suspend the use of the Account, reduce the Credit Limit, or otherwise limit your ability to use any Cards; (iv) exercise our security interest in your Fluz Balance and collect from your Funding Sources as provided in Sections 6 and 9; and (v) commence an action to collect all amounts owed. You are liable for any court costs and reasonable attorneys’ fees incurred by us in collection and enforcement.

16. Term and Termination

(a) Term. The term of this Agreement commences on the date it is accepted and executed by us and continues until terminated by us pursuant to this Section 16 or by us or you upon ninety (90) days’ written notice to the other party.

(b) Termination Rights. We may terminate this Agreement or terminate or suspend the Service if: (a) you are in default as provided in Section 15; (b) any person or group that does not on the date of this Agreement control a majority of your outstanding equity acquires a majority of your outstanding equity; or (c) the continued provision of the Service would, in the good faith opinion of our legal counsel, violate any law or regulation applicable to our business. We will provide notice of the exercise of our termination rights as soon as practical.

(c) Actions. Upon any termination, you shall: (i) promptly pay to us all sums due or to become due under this Agreement (and we may immediately collect such sums from your Funding Sources, including by exercising our security interest in your Fluz Balance and initiating ACH debits to your Linked Bank Account(s)); (ii) have no further right to make use of the Service, Account or any Card; and (iii) surrender to us or destroy all Cards issued to you or any Cardholder.

(d) Effect. Termination does not release you or us from any obligations that arose prior to termination, including any transactions that post after termination. All provisions relating to the parties’ respective warranties, representations, limitation of liability, confidentiality, security interest, proprietary rights, and indemnification shall survive termination.

17. Arbitration

Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to this Agreement, the Cards, your acquisition or use of the Services, advertisements or statements related to the Services, or transactions made using the Services, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration shall occur in Clark County, Nevada.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT, OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE AAA RULES. NO CLASS ACTION OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS SHALL BE ALLOWABLE.

This arbitration provision shall survive termination of the Agreement, the bankruptcy of any party, any transfer or assignment of your Account or any amounts owed, and termination of the credit extended under this Agreement. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

18. General Provisions

(a) Merchants. We have no liability for goods or services purchased with a Card or the Account, for any dispute with a merchant, for a merchant’s failure to accept the Card, or for any failure of a merchant to seek authorization. If you have a billing dispute with a merchant, you must first attempt to resolve it directly with the merchant; if you cannot, you may request that we process a chargeback, subject to Card Association rules, in which case you will complete a dispute form and cooperate with us.

(b) Amendments. We may amend this Agreement, including the Fee Schedule, by a written instrument signed by both parties, or by giving you at least thirty (30) calendar days’ prior written or electronic notice; if you do not terminate this Agreement before the effective date, you are deemed to have accepted the revision. If a revision is, in our good faith opinion, required by law or a regulatory authority or necessary to preserve security of the Service, it will be effective immediately upon notice. No revision shall affect your obligation to pay in full all Obligations.

(c) Delay in Enforcement. We may delay or waive enforcing any of our rights or remedies without losing them or any other rights or remedies, and may enforce them at a later date.

(d) Notice. Any written notice from you to us shall be effective once we have received it and had a reasonable opportunity to act on it. Any notice from us to you shall be effective when mailed to your address in our records or provided to you electronically.

(e) Force Majeure. We shall not be liable for any failure, error, or delay in carrying out our obligations if it results from causes beyond our reasonable control, including fire, casualty, equipment or telecommunications failure, internet disruptions, strike, accident, act of God, act of terrorism, riot, war, or any adverse governmental law, ruling, regulation, order or decree.

(f) Assignment. This Agreement shall bind and benefit the parties and their respective permitted successors and assigns. You may not sell, assign or transfer the Account or any of your rights or obligations under this Agreement. We may sell, assign or transfer the Account, or any balance due thereon, and our rights and obligations under this Agreement without prior notice to, or consent from, you, which notice and consent are knowingly waived by you.

(g) Entire Agreement. This Agreement, together with the Fee Schedule, the agreements governing your Fluz Balance and any Linked Bank Account, any reference guides made available from time to time, and any separate pricing or other agreement that specifically refers to this Agreement, constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and the Account, and supersedes any prior or contemporaneous understanding. The Agreement may be executed in counterparts.

(h) Severability. If performance of the Service would violate any present or future statute, regulation or government policy to which we are subject, this Agreement shall be deemed amended to the degree necessary to comply, and we shall incur no liability as a result. If any provision is deemed illegal, invalid or unenforceable, the remainder shall remain in full force and effect.

(i) Set-off. You agree that we may set off (1) any funds in any account you have with us or any of our subsidiaries or affiliates (excluding any account expressly titled to demonstrate that it is held by you in a fiduciary or representative capacity for a third party), including your Fluz Balance, or (2) any sums due or payable by us to you, against any Obligation you have to us under this Agreement. We may exercise our right of set-off by debit or other means without recourse to other rights or collateral and regardless of the effect on your account. You waive notice of the exercise of these rights to the extent permitted by applicable law.

(j) Compliance with Law. We and you each agree to comply with all applicable state, local and federal laws, and the rules and regulations of any applicable Card Associations or payment clearing system.

(k) Governing Law; Venue. This Agreement and any claims relating to it or the Service shall be governed by, and construed in accordance with, the laws of the State of Nevada, without regard to its conflict of law principles, and with applicable federal laws and regulations. Subject to Section 17, you irrevocably submit to the nonexclusive jurisdiction of the state and federal courts located in Clark County, Nevada.

(l) Waiver of Jury Trial. Subject to Section 17, you agree that any suit, action or proceeding on or with respect to this Agreement shall be tried only by a court and not by a jury. YOU EXPRESSLY, KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH SUIT, ACTION OR PROCEEDING.

(m) Headings. The Section headings are for convenience only and do not limit or define your or our rights or obligations under this Agreement.

(n) Rewards. Your Account may earn cashback rewards as described in the Rewards Program Terms made available to you.

19. Privacy Policy

The terms of this Privacy Policy only apply to you if you obtain a prepaid access bank account or card account with the assistance of GBank’s gaming or payment partners.

FACTS — WHAT DOES GBANK DO WITH YOUR PERSONAL INFORMATION?
Why?	Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?	The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number, income, and employment information Account balances, payment and transaction history Credit history and credit score When you are no longer our customer, we continue to share your information as described in this notice.
How?	All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information, the reasons GBank chooses to share, and whether you can limit this sharing.
Reasons We Can Share Your Personal Information		Do We Share?	Can You Limit This Sharing?
For our everyday business purposes — such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus		Yes	No
For our marketing purposes — to offer our products and services to you		Yes	No
For joint marketing with other financial companies		Yes	No
For our affiliates’ everyday business purposes — information about your transactions and experiences		No	We Don’t Share
For our affiliates’ everyday business purposes — information about your creditworthiness		No	We Don’t Share
For affiliates to market to you		No	We Don’t Share
For non-affiliates to market to you		Yes	Yes
To limit our sharing	Email: [email protected] Mail: Attn: Compliance, GBank, 9115 W Russell Road #110, Las Vegas, NV 89148 Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer a customer, we continue to share your information as described above.
Questions?	Call (800) 472-3271 or email [email protected]