CONSENT TO USE ELECTRONIC DOCUMENTS AND ELECTRONIC DISCLOSURES AND RECEIVE TEXT MESSAGES

Last Updated: December 20, 2024

Version: 1.0

1. ELECTRONIC DELIVERY OF COMMUNICATIONS

This Consent to Use Electronic Records and Signatures (the "ESIGN Consent") covers FinEV. and its affiliates (collectively, "Company") and its affiliates and service providers (collectively "Company", "we," "our," or "us"). For purposes of this ESIGN Consent, the words "we," "our," and "us" also mean our assigns. The words "you" and "your" means each person who agrees to this Consent.

"Disclosures" include, but are not limited to, (1) agreements and policies required to use the Services (e.g., these Terms, the Business Finance Services Terms & Conditions, the FinEV Privacy Policy and Loan Agreements), (2) payment authorizations and transaction receipts or confirmations, and (3) account statements, billing statements, and account histories; and (4) any other disclosures required by law regarding your legal rights and obligations relating to the Services.

2. CONSENT AND AGREEMENTS

By providing your consent as set forth below ("Consent"), you agree to the following:

  • FinEV and any FinEV Partner may provide any or all Disclosures either electronically on the FinEV Website or in any FinEV App, through a hyperlink provided on the FinEV Website or in any FinEV App, and, at its sole discretion electronically to the email address or mobile telephone number that you have provided to us.
  • FinEV and/or a FinEV Partner may, but is not required to, notify you via email or SMS text message when the Disclosures are available and how to view them, either via the hyperlink, email, or other electronic method described herein.
  • Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
  • Your Consent applies to any transaction undertaken through the Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
  • Your Consent means that Disclosures FinEV and any FinEV Partner provides to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures.

3. MINIMUM REQUIREMENTS

You understand that, in order to view and/or retain copies of the Disclosures, you will need the following hardware and software:

  • A computer or mobile device with an Internet connection or mobile connectivity and the ability to download and run the software described in this Section
  • For website-based Disclosures accessed by computer, the computer must have a current operating system and web browser (PCs should be running Windows 7 or higher and Microsoft Edge, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox)
  • For Disclosures accessed by mobile application or mobile website, the mobile device must have a current operating system and web browser
  • A current version of a program that accurately reads and displays PDF files (e.g., Adobe Acrobat Reader)
  • A valid email address
  • A working mobile telephone number that can receive text messages
  • Sufficient storage space to save Disclosures or the capability to print the Disclosures

We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic Disclosures. Continuing to use the Services after receiving notice of the change is the reaffirmation of your Consent.

4. WITHDRAWING CONSENT

You are free to withdraw your Consent at any time. If at any time you wish to withdraw your Consent, you can send us your request by submitting a written request to us via email at support@FinEV.co. Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and/or enforceability of electronic Disclosures we sent before your withdrawal of Consent is effective will not be affected.

If you withdraw your Consent, FinEV may close or limit access to your account and the Services. You agree to pay any amount owed to FinEV even if you withdraw your Consent and we close or limit access to your account.

5. UPDATING YOUR INFORMATION

You agree that it is your responsibility to notify FinEV of any changes to your primary email address, phone number, or any other contact information so that FinEV can communicate with you electronically. You agree that FinEV is not responsible for any delay or failure in your receipt of any Disclosure, text message or email notice that is not caused by FinEV's failure to send such a Disclosure or notice to the phone number or email address you have provided to us.

It is your responsibility to provide us with true, accurate and complete mobile number, e-mail address, contact, and other information related to the Services, and to maintain and update promptly any changes in this information. To update your information, contact Customer Support via email at support@FinEV.co.

6. SMS TERMS AND CONDITIONS

By opting in to receive text messages from FinEV, you agree to the following terms and conditions:

  • Message Frequency: You will receive billing information, reminders, and payments due messages.
  • Opt-Out: You can opt out of receiving text messages at any time by replying "STOP" to any message you receive from FinEV. Once you opt out, you will no longer receive any text messages from us, except confirmation of your opt-out request.
  • Support: For support or assistance regarding text messages, you can contact us at support@finev.co.
  • Data and Message Rates: Standard message and data rates may apply to any messages received from FinEV. Please consult your mobile service provider for details regarding your messaging and data plan.
  • Privacy: FinEV is committed to protecting your privacy. Your information will only be used for the purpose of sending you billing and payment-related messages.
  • Participating Carriers: AT&T, T-Mobile, Metro PCS, Verizon Wireless, US Cellular, Google Voice, Cellular One, Cellcom, Cellular South, Interop, Clearsky
  • Carrier Liability: Carriers do not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.