The Rates and Fees Table shows the rates and fees for your credit line account (the “Account”). The Agreement contains important information related to your credit line account originated and maintained by Evolve Bank & Trust (“Bank,” “we,” “us,” or “our”). In this Agreement, “you,” “your,” and “yours” mean the person who has applied for and been approved by us for this Account. By obtaining extensions of credit as described in this Agreement, you agree to pay us back together with all applicable fees. Your use or activation of the Account and any transaction using the Account indicates your acceptance of the terms of this Agreement. The definitions that appear in part (2) of this Credit Line Account Agreement apply to the Rates and Fees Table.
Please carefully read this Agreement and any other disclosures or notices provided in connection with your Account, and keep copies for your records.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights are included in this Agreement. See Your Billing Rights section for details.
* Advance Fee: The Advance Fee will generally be charged in the Billing Cycle corresponding to an Advance. If you are enrolled in AutoPay and maintain AutoPay through the end of the Billing Cycle following an Advance (i.e., through the payment-due date), the amount of the Advance Fee is reduced to 1.50% of the amount of the Advance. If you revoke your authorization for AutoPay prior to the date on which your payment is due, then the amount of the Advance Fee is 3.00% of the amount of the Advance.
Overall Credit Limit. The overall amount of credit that may be available to you will be subject to a Credit Limit that we establish, acting in our sole discretion. To the extent permitted by law, we may change the overall Credit Limit, either by increasing or decreasing the amount, based on our assessment of various factors bearing on your Account. For example, depending on your history of timely Payments made in the Account, we may determine that you are eligible for an increase in the amount of the Credit Limit.
Limit on Amount of Each Advance. In addition to the Credit Limit, your Account is subject to an Advance Limit. For each Advance you request, the amount you are eligible to obtain may be up to 50% of your total Monthly Rent, subject to your available Credit Limit, your Advance Limit, and our approval at the time of your request for that Advance.
Limit on Number of Advances in a Billing Cycle. You may obtain only one Advance in each Billing Cycle. Each Advance remains subject to your available Credit Limit, your Advance Limit, and our approval at the time of your request for that Advance.
Change In Account Terms. To the extent permitted by law, we may change the terms of your Account. When required by law, we will send you a notice about a change in terms before the effective date of the change(s) to your Account.
How Can I Avoid Paying Interest Charges. We do not impose interest charges based on an annual percentage rate (“APR”) of interest. As a result, there are no interest charges to avoid. However, you must pay the full New Balance shown on each Statement by the Payment Due Date. The New Balance typically will include any Advance obtained during the Billing Cycle covered by that Statement, together with any applicable fees or other amounts owed under this Agreement.
Minimum Payment: Your minimum payment for each Billing Cycle is the full New Balance shown on your Statement. Unless we provide otherwise, an Advance obtained during a Billing Cycle will be due on the Payment Due Date shown on the Statement. We may accept a payment of less than the New Balance, but our acceptance of a partial payment does not waive our right to require payment of the full New Balance, and you remain responsible for paying the full New Balance by the Payment Due Date.
Payment Due Date: The Payment Due Date will be shown on the Statement. PLEASE NOTE: The Payment Due Date that is reflected on your Statement is designed to allow you flexible to pay the full amount of the New Balance. For example, you may select a date on which to pay the New Balance to be the date on which your paycheck is deposited to your Linked Bank Account.
Military Lending Act Notice: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). If you are covered borrower under the Military Lending Act (i.e., an active-duty member of the Armed Forces or a dependent of an active-duty member), you are not eligible for this Account.
Before opening any Account and during the process of evaluating your application, we will conduct a check to assess whether you are a covered borrower by obtaining data from the U.S. Department of Defense Military Lending Act database (or another authorized database). If we determine that you are a covered borrower, then we will not establish an Account for you.
Thank you for opening a credit line account with Evolve Bank & Trust. This Agreement, and any future changes to it, is your contract with us and governs your credit line account.
We reserve the right to amend this Agreement at any time, by adding, deleting or changing provisions of this Agreement. We may amend this Agreement by closing your Account with us or by assigning your Account to another creditor. When required by applicable law, we will send you a notice about an amendment before the amendment becomes effective. If any amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit.
This Agreement applies whether you use your credit line account with us or with the Bank, and this Agreement will continue to apply even after your Account is closed, for as long as you have a balance owing.
PLEASE CAREFULLY READ THIS AGREEMENT. THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION.
EFFECTIVE DATE: October 1, 2026.
All capitalized terms used in this Agreement and not otherwise defined have the meanings set forth below.
“Account Information” means any element of information described in this Agreement in the section entitled “Account Information.”
“Advance” means an extension of credit to you under your Account for the payment of a personal rent obligation. The proceeds of an Advance will be deposited into a Deposit Account from which the rent payment will be made. When used in the plural, “Advances” means all extensions of credit made under your Account, whether or not made in the same Billing Cycle.
“Advance Fee” means a Fee that may be imposed on the Account based on your request for an Advance.
“Advance Limit” means the maximum amount of credit to be made available to you in response to each request that you make for an Advance. The Advance Limit may be equal to or lower than the Credit Limit, and the Advance Limit may vary depending on your Monthly Rent.
“Affiliate” means with respect to a person, another person (whether a legal entity or an individual) who directly or indirectly controls, is controlled by, or is under common control with the person.
“Available Credit” means the amount of credit that could be made available in your Account that, subject to the Advance Limit, and is computed by subtracting from the overall Credit Limit the sum of any Advances you obtain and any charges that may be imposed, and adding the amount of any payment(s) you make during a Billing Cycle.
“Billing Cycle” means each calendar month. The Billing Cycle is used, in part, to assist you and us in managing your Account. The closing date for each Billing Cycle is the last day of the calendar month, and the closing date is reflected on your Statement.
“Credit Entry” means the transfer of funds or receipt of funds, as the case may be, resulting in a credit to you from us in connection with this Agreement.
“Credit Limit” means the maximum amount of credit that we make available to you.
“Debit Entry” means the transfer of funds or receipt of funds, as the case may be, resulting in a credit to us from you.
“Effective Date” means the date provided in this Agreement, above the Definitions.
“Rain Rent Cover Deposit Account” or “Rent Cover Deposit Account” means a demand deposit account designated for use in connection with the Account. The Rent Cover Deposit Account is used to receive the proceeds of an Advance and to make payments related to your personal rent obligation. The Rent Cover Deposit Account is subject to the terms and conditions applicable to that Rent Cover Deposit Account (“Rent Cover Deposit Account Agreement”), which is provided separately from this Agreement.
“Electronic Fund Transfer” or “EFT” has the meaning given to the term “electronic fund transfer” in Regulation E, 12 C.F.R. part 1005.
“Fee” means any type of charge imposed on your Account, other than a charge based on an annual percentage rate.
“Interest Charge” means any charge to your Account based on the application of an annual percentage rate.
“Landlord” means the person or entity that is both (i) the counterparty to the Lease (as defined below) and (ii) the payee to which you instruct us to make a payment of the Monthly Rent using your Account.
“Lease” means that certain agreement, made in writing, between you and the Landlord which, at a minimum, stipulates (i) the terms and conditions for your use of the Leased Premises, (ii) the amount of rent that you are obligated to pay, on a monthly basis, to the Landlord for your use of the Leased Premises, and (iii) the deadline for your monthly payment to the Landlord.
“Leased Premises” means the premises that you occupy as your primary residence for personal, family, or household purposes, and not for business, commercial, or agricultural purposes.
“Linked Bank Account” means the demand deposit account that you hold with another insured depository institution and which you select to be used when you initiate transactions involving your Account and the Rent Cover Deposit Account. For example, you may choose to use the deposit account that you hold with a bank, which is the same deposit account to which your paycheck is deposited, in order to make your payment of the New Balance your Account.
“Monthly Rent” means (i) the total monthly amount of rent, as reflected in your Lease, that you are obligated to pay to the Landlord for your use of the Leased Premises or (ii) the total amount that you instruct us to pay to the Landlord for your use of the Leased Premises, whichever amount is lower. For example, if your Lease stipulates that you must pay to the Landlord the amount of $1,000.00 per month, but you request us to pay the Landlord only $800.00, then the amount of Monthly Rent for the purposes of that Billing Cycle is $800.00. Under that example, you would be using Rain Rent Cover to pay the amount of $800.00, and you would be separately responsible for paying any other additional amount(s) to the Landlord. For the purposes of this term, the term “monthly” is not required to relate to a calendar month.
“Payment” means your payment to us for any amount you owe us, made via EFT or other means, and includes your obligation to make a payment to us, as the case may be.
“Payment Due Date” means the latest date on which your full payment of the amount that you owe is due to be paid to us. The Payment Due Date is reflected on your Statement, and the Payment Due Date will not be fewer than 14 days after the date on which we provide the Statement.
“Preauthorized Electronic Fund Transfer” or “Preauthorized EFT” means an EFT that you authorize us or our Servicer to initiate from your Linked Bank Account on a recurring basis at substantially regular intervals, including on each Scheduled Repayment Date, to pay amounts you owe under this Agreement.
“Rain” means Rain Technologies Inc., which is our service provider that performs various services to offer and to maintain your Account, as well as various services relating to your Rain Rent Cover Deposit Account.
“Rain App” is the mobile application provided by Rain, through which you may apply for, use, and maintain your Account, as well as to conduct transactions involving your Rain Rent Cover Deposit Account.
“Scheduled Repayment Date” means the date we or our Servicer are scheduled to initiate a Preauthorized EFT from your Linked Bank Account to pay the New Balance or other amount due for the applicable Billing Cycle. The Scheduled Repayment Date will appear on your Statement.
“Statement” means the periodic statement we provide to you for your Account. Your Statement will include, among other information, all transactions in your Account during a Billing Cycle and information about your Payment.
“Truth-in-Lending Disclosures” means disclosures relating to your Account that are provided under the federal Truth in Lending Act and Regulation Z, 12 C.F.R. part 1026, including any applicable application, solicitation, account-opening, periodic statement, change-in-terms, and other disclosures provided in connection with your Account.
As discussed below in the section entitled “Using Your Account,” to hold this Account and obtain Advances, you must open and maintain a Rain Rent Cover Deposit Account. The Rent Cover Deposit Account is a separate financial product that is used to receive the proceeds of Advances and to make payments for your Monthly Rent. The Rent Cover Deposit Account is subject to the Rain Rent Cover Deposit Account Agreement and any other terms, disclosures, or notices that apply to the Rent Cover Deposit Account.
Rain Technologies Inc. and its Affiliates, collectively referred to as “Rain” or the “Servicer,” may provide services in connection with your Account as service providers to Bank. We may also use other third parties to service, administer, or support your Account. In performing those services, Rain and our other service providers may act on Bank’s behalf, including to exercise Bank’s rights, perform Bank’s obligations, rely on your consents, and enforce your obligations under this Agreement. You agree that your obligations to Bank under this Agreement also apply to Rain and our other service providers to the extent they act on Bank’s behalf in connection with your Account. We may change the Servicer or designate additional service providers at any time. You agree that we, Rain, and our other service providers may share information about you and your Account with each other and with third parties as necessary to operate, service, administer, collect, or support your Account, including to process Advances and Payments, provide Statements and communications, maintain records, verify information, and collect amounts owed.
We need information about you to manage your Account, including:
Account Information also may include information that we collect from any consumer report about you.
In addition to our rights to use any consumer report(s), as described below, may collect information from you, either directly or indirectly, relating to your transactions in your Account, including Payments. You grant us and our Servicer the right, power, and authority to act on your behalf to access and transmit your personal and financial information from relevant financial institutions holding or maintaining your External Account, and you agree to your personal and financial information being transferred, stored, and processed by us in accordance with our Privacy Policy. We may also collect (apart from the use of any consumer report) information about your transactions or balance(s) in your External Account.
Each time you use your Account, you acknowledge and agree that we or our Servicer is permitted to collect and to use any Account Information.
You must tell us when your Account Information changes, except if the Account Information is contained in a consumer report or otherwise obtained requesting that type of Account Information from you. We may ask you for additional documents and to verify any changes to the Account Information you have provided us.
We may, at any time, restrict your use of, or close, your Account if we cannot verify your Account Information, or if you do not provide all of the Account Information as requested.
At the time we open your Account and from time to time during the life of your Account, we will inform you of your Credit Limit. We may increase, decrease, or restrict your Credit Limit for any and all transactions. If we increase, decrease, or restrict your Credit Limit, we will provide to you a “change-in-terms” notice prior to taking that action, in accordance with the requirements of applicable law. We also may provide to you an “adverse action” notice after the date that we take that action, in accordance with the requirements of applicable law. You are responsible for keeping track of your transactions, including the amounts of the Advances that you receive, during each Billing Cycle. You must keep your Account balance below the Credit Limit. Even though your Account is subject to an Advance Limit, as described below, at our sole discretion, we may honor one or more Advances above your Credit Limit, but if we do, these transactions will not increase your Credit Limit. You are responsible for paying for any transaction you make above your Credit Limit. If we change your Credit Limit (or any other term of your Account pursuant to this Agreement), you remain obligated for any Payments you owe us. Your Credit Limit may not be restored for a period of time after we receive your Payment.
Your Advance Limit is up to 50% of your Monthly Rent, but may be lower, including zero. Notwithstanding your Credit Limit, the Advance Limit is the maximum amount of credit that we are obligated to consider making available for an Advance at that time. We may determine or change your Advance Limit at any time, in our sole discretion, based on factors we consider relevant to your Account, your Deposit Account, your Monthly Rent, and your eligibility for an Advance. We may decline an Advance request if, after giving effect to the Advance, the available funds in the Deposit Account would not be sufficient to pay your Monthly Rent in full.
By using your Account, you promise to pay us for all Advances, Fees, and other amounts charged to your Account under this Agreement. When you obtain an Advance or incur any Fee in a Billing Cycle, you must pay the full amount you owe for that Billing Cycle, as shown on the Statement for that Billing Cycle.
If you do not pay the full amount you owe for any Billing Cycle, including any Fees or charges that may apply, we may, at any time and in our discretion, restrict your use of, or close, your Account. This means that your failure to pay the full amount you owe may limit or prevent you from obtaining additional Advances or otherwise using your Account, except to make payments.
If you authorize us to initiate Preauthorized EFTs for your payments, i.e., if you agree to use AutoPay, we or our Servicer may initiate a Preauthorized EFT on the Scheduled Repayment Date shown on your Statement. Your authorization for Preauthorized EFTs does not change your obligation to pay the full amount you owe by the Payment Due Date.
If you agree to make your payments by authorizing us to use Preauthorized EFTs, the amount of the payment will vary for each Periodic Statement. The amount of the payment made via Preauthorized EFT usually will be in the range of between $400.00 to $2,000.00. You have the right to receive notice of varying amounts of Preauthorized EFTs. Unless you tell us otherwise, you agree we will provide prior notice of the amount of the Preauthorized EFT only if the amount of that payment is outside of the range of between $400.00 to $2,000.00. You can check the Servicer’s mobile application at any time to view your transactions and view the balance of your Account.
You understand that only you are permitted to use the Account. If, however, any person you authorize initiates a transaction, such as by requesting an Advance, using the Account or if such person incurs a Fee in connection with the Account, you are responsible and liable for the transaction and any Fee(s) or charges incurred. If you permit another person to have access to the Account, this will be treated as if you authorized such use and you will be liable for all transactions, including any Advances, and Fees incurred by those persons.
You agree to receive electronic records and communications in connection with your Account, including Statements, notices, disclosures, and other communications. Your consent to receive electronic records and communications is described in a separate electronic communications consent. Unless you make other arrangements with us, we will provide your Statements electronically when required by applicable law. If you withdraw your consent to receive electronic records and communications, we may close or restrict your Account, subject to applicable law, but you will remain responsible for paying all amounts you owe under this Agreement.
You should review each Statement and promptly contact us or our Servicer if you believe there is an error or if you have any question about your Statement, an Advance, a Fee, a Payment, or any other amount shown on your Account. Your rights and our obligations for billing errors are described in the “Your Billing Rights” section of this Agreement and, when applicable, on your Statement. If we ask, you agree to provide information reasonably necessary for us to investigate your question or dispute.
You must take reasonable steps to prevent unauthorized use of your Account. You must notify us immediately if you believe someone has accessed or used your Account without your permission. You agree to assist us in investigating any suspected unauthorized use, including by providing information or documents that we reasonably request. You will not be responsible for unauthorized transactions to the extent required by applicable law. You should contact Rain by calling (424) 369-7246, Monday through Friday, other than on a federal holiday, 7:00 a.m. to 8:00 p.m. Eastern time.
We do not impose interest charges based on an annual percentage rate. We may impose Fees on your Account as described in the Rates and Fees Table and this Agreement. We may waive all or part of any Fee in our discretion, but our waiver of all or part of any Fee does not require us to waive that Fee, or any other Fee, in the future.
We may charge an Advance Fee for each Advance, as described in the Rates and Fees Table. The Advance Fee usually will be charged in the Billing Cycle corresponding to the Advance.
We may charge you a returned payment Fee if a Payment is returned, rejected, or cannot be processed. The returned payment Fee will not exceed the amount described in the Rates and Fees Table or the amount permitted by applicable law.
Your Payment must be for the full amount due for each Billing Cycle, as shown on your Statement. Your Statement will tell you: (1) the amount due; (2) your New Balance; (3) the Payment Due Date; and (4) any instructions for how and when your Payment must reach us to be credited as received by the Payment Due Date.
Your obligation to pay the full amount due for each Billing Cycle remains even if we accept a partial Payment, accept a late Payment, or you paid more than the full amount due on a prior Statement. Payments will be credited to your Account as described in this Agreement and on your Statement. If you fail to make a Payment when due, you agree to pay our collection costs, including reasonable attorneys’ fees, to the extent permitted by applicable law.
Your payment must be made in U.S. dollars from a U.S. deposit account in a form acceptable to us, including by EFT. We do not accept cash payments through the mail or check payments. You may not make Payments with funds from your Account or any other credit account with us or any other company in the Bank organization. You may authorize us or our Servicer to initiate Preauthorized EFTs for your Payments, or you may make Payments by EFT or another method we make available, as instructed on your Statement, unless we tell you otherwise. We can accept late Payments, partial Payments, or Payments marked “payment in full,” or any other restrictive endorsement, without losing any of our rights under this Agreement. We may refuse to accept Payments made to your Account by someone else on your behalf. If we do accept a Payment from another person, you will be responsible for the Payment and any cost if a financial institution rejects it.
Services are available that allow you to make faster or recurring Payments, such as via ACH, online, or by telephone. We will describe the terms for using these services and any applicable Fee before you use them, and you do not have to use these other services for Payments. We are not responsible if your financial institution rejects a Payment made using our payment services.
We may accept and process Payments without losing any of our rights. We may delay the availability of credit until we confirm that your payment has cleared. This may happen even if we credit your Payment to your Account. We may resubmit and collect returned payments electronically. If necessary, we may adjust your Account to correct errors, process returned and reversed payments, and handle similar issues.
We may reject and return any payment that creates or adds to a credit balance on your Account. Any credit balance we allow will not be made available until we confirm that your payment has cleared. We may without notice restrict the availability of any credit balance in our sole and absolute discretion. We may reduce the amount of any credit balance by any new charges. You may write to the address or call the number provided on your Statement to request a refund of any available credit balance.
Subject to applicable law, you will be in default if:
If you are in default, subject to applicable law, we may take certain actions with respect to your Account, and we may take one or more of those actions without first notifying you, except if prior notice is required by applicable law. For example, depending on the nature of your default, we may take one or more of the following actions, without notifying you, unless the law requires us to notify you:
Unless we tell you otherwise, you can notify us by contacting us at:
Rain Technologies Inc.
209 10th Ave S., Ste 160
Nashville TN 37203-0702
Or you can call (424) 369-7246. When writing, please include your name, address, home telephone number and Account number.
To the extent permitted by applicable law, you authorize us and our affiliates, agents, and contractors, and anyone to whom we may sell your Account, to contact you to service your Account or for collection purposes. You agree that these contacts are not to be considered unsolicited contacts for purposes of state or federal law. You further agree that the Bank, the Bank’s affiliates, agents, or contractors and anyone to whom it may sell your Account, or our Servicer may: (1) contact you in any way, including mail, email, calls, and texts, including a mobile, wireless, or similar device, even if you are charged by your provider, and using automated telephone equipment or prerecorded messages; (2) contact you at any number that you have given us or any number have for you in our records, including your cellular or other wireless device, even if that number is a wireless, cellular, or mobile number, is converted to a mobile/wireless number, or connects to any type of mobile/wireless device, and even if such telephone number is currently listed on a Do Not Call Registry; and (3) contact you at any email address you provide to us or any other person or company that provides any services in connection with this Agreement. You authorize us, or our Servicer, to monitor and/or record your calls with us. You agree to notify us within five (5) business days after changing your email address, mailing address, or phone number.
We or our Servicer may obtain and use consumer reports and other information about you from consumer reporting agencies and other sources in connection with your application, your Account, your eligibility for Advances, the servicing and collection of your Account, and any review, renewal, or modification of your Account, and for any other purpose not prohibited by applicable law. Upon your request, we will tell you whether we obtained a consumer report about you and the name and address of the consumer reporting agency that furnished the report, if applicable.
At any time during the period you hold your Account, we may reevaluate your financial condition and investigate any information you provided on your Account application or to our Servicer when servicing your Account. In the course of doing so, we may obtain a current consumer report, or ask you for information about your financial condition. You acknowledge and agree that you consent to our action to obtain a consumer report from a consumer reporting agency, or to otherwise obtain any information about you relating to underwriting your Account, that we believe would facilitate our determination of your eligibility for the Account or for any particular Advance or for setting any Advance Limit.
We may report information about your Account to consumer reporting agencies or to others, except if not permitted by applicable law. Late payments, missed payments, or other defaults on your Account may be reflected in your consumer report. If you believe that we have reported inaccurate information about your Account to a credit bureau or other consumer reporting agency, notify us in writing at the address provided above. When you write, tell us the specific information that you believe is incorrect and why you believe it is incorrect.
At any time, we may add, delete or change any term of this Agreement, except if prohibited by applicable law. When required by applicable law, we will send you a notice about an amendment before the amendment becomes effective. If any amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and close the Account as a condition of your rejection. We may notify you of any change(s) to this Agreement by including the change(s) in your Statement or in a separate notice. Our notice will tell you when and how the change(s) will take effect.
This Agreement is entered into between you and us in the State of Tennessee, and your Account and this Agreement, and any claim, dispute or controversy arising from or relating to your Account or this Agreement, whether based in contract, tort, fraud or otherwise and regardless of the place where you live, is governed by, and construed in accordance with, the laws of the State of Tennessee, without regard to Tennessee’s conflict of laws principles, and applicable federal laws and regulations. The legality, enforceability and interpretation of this Agreement and the amounts contracted for under this Agreement also are governed by Tennessee law and applicable provisions of federal law, and all amounts granted under this Agreement are extended from the State of Tennessee.
We may delay enforcing, or choose not to enforce, any of our rights under this Agreement without losing the right to enforce them in the future. For example, we may accept late Payments, partial Payments, or Payments marked “payment in full” or with other restrictive endorsements without losing any of our rights under this Agreement. We may waive all or part of any Fee, or any other right we have under this Agreement, without notifying you, but doing so does not require us to make the same or any similar waiver in the future.
We may at any time, without notice to or consent from you, sell, assign, or transfer your Account, any amounts due on your Account, this Agreement, any of our rights or obligations under this Agreement, and any consents, authorizations, permissions, or agreements that you have granted to us or that relate to your Account. Any person to whom we make an assignment or transfer will be entitled to our rights and will assume our obligations, in each case to the extent assigned or transferred. You may not sell, assign, or transfer your Account or any of your rights or obligations under this Agreement without our written permission.
We are not responsible if anyone refuses to accept or honor your Account, even if you have sufficient available credit. Except as required by applicable law, we will not be responsible for any claim or defense you may have against any third-party that arises out of or in connection with any transaction with your Account or any services or goods or other property purchased or leased using your Account. We are not responsible for any losses you incur if we do not authorize a transaction. Except as not permitted under applicable law, neither Bank nor Servicer shall be liable for any consequential, indirect, exemplary, or punitive damages in connection with this Agreement or any of the services provided by our Servicer.
Subject to applicable law, we may close or suspend your Account, terminate this Agreement, or restrict your ability to obtain additional Advances at any time, with or without prior notice. You may contact us using the number on your Statement to request that we close your Account. If your Account is closed or suspended, you may not obtain additional Advances, but you must still pay all amounts you owe under this Agreement.
THIS ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL DISPUTES BETWEEN YOU AND US ARE RESOLVED. PLEASE READ THIS SECTION (ARBITRATION AND WAIVERS) CAREFULLY. For a dispute subject to arbitration, neither you nor we will have the right to: (A) have a court or a jury decide the dispute; (B) engage in information-gathering (discovery) to the same extent as in court; (C) participate in a class action in court or in class arbitration; or (D) join or consolidate a claim with claims of any other persons. Arbitration procedures are simpler and more limited than rules applicable in court.
Military Lending Act Exception. Notwithstanding anything to the contrary in this Section (Arbitration and Waivers), if you are a covered borrower under the Military Lending Act, 10 U.S.C. § 987 and 32 C.F.R. part 232, this arbitration agreement, as well as the related class-action and jury-trial waivers, do not apply to you and are not enforceable against you.
A. Definitions. If you have a dispute with us or our Servicer, and we are not able to resolve the dispute informally, you and we agree that upon demand by either you or us, the dispute will be resolved through the arbitration process as set forth in this section. A “claim” or “dispute,” as used in this Section (Arbitration and Waivers), is any unresolved disagreement between you, us and/or our Servicer, arising from or relating in any way to the Account, or this Agreement. The terms “claim” and “dispute” are to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any disagreement relating in any way to your Account or any additional account, joint accountholder; services offered in connection with an Account or any other services offered pursuant to this Agreement; to your use of any of our banking products or services; to any means you may use to access your Account(s); to any advertisements, promotions or oral or written statements related to the Account; to the benefits and services related to an Account; or your approval, establishment or enrollment for an Account. Claims also include disagreements about the meaning, application or enforceability of this arbitration agreement. As solely used in this Section (Arbitration and Waivers), “we” or “us” shall include the Bank, its affiliates and their successors, employees, directors, officers and agents. In addition, “we” or “us” shall include Service Provider, any third party, their respective subsidiaries, affiliates, licensees, predecessors, successors, and assigns using or providing any product, service or benefit in connection with this Agreement or any Account if, and only if, such third party is named as a co-party with us (or files a claim with or against us) in connection with a claim asserted by you. The terms “you” or “yours” shall mean each Account owner and all persons or entities approved to have, approved to use and/or given access to an Account, including but not limited to all persons or entities contractually obligated under this Agreement and all joint accountholder and any additional accountholders. The term “Account,” for purposes of arbitration, includes any updated or substitute account for you related to the Account or any other account contemplated by this Agreement, including your Rain Rent Cover Deposit Account.
B. Binding Arbitration and Appeals. If either party elects arbitration, that claim shall be arbitrated on an individual basis. Arbitration applies whenever there is a claim between you and us. The arbitrator’s authority to resolve claims or make awards is limited to claims between you and us alone. If a third party is also involved in a claim between you and us, then the claim will be decided with respect to the third party in arbitration as well, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party. Furthermore, claims brought by you against us or by us against you may not be joined or consolidated with claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. Claims are subject to arbitration, regardless of on what theory they are based, whether they seek legal or equitable remedies, or whether they are common law or statutory (Federal or state) claims. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future.
Judgment upon the arbitrator’s award may be entered by any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act (Title 9 of the United States Code) (“FAA”). However, if the amount of the claim exceeds $25,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $25,000, any party can, within thirty (30) days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the forum. The panel shall reconsider anew all factual and legal issues, following the same rules of procedure and decide by majority vote. Reference in this Section (Arbitration and Waivers) to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken.
C. Initiation of Arbitration. Any claim must be resolved, upon the election by you or us, by arbitration pursuant to this Section (Arbitration and Waivers) and the code of procedures of the national arbitration organization to which the claim is referred in effect at the time the claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. For a copy of the procedures, to file a claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
In the event that JAMS or the AAA is unable to handle the dispute for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties pursuant to the AAA rules of procedure; or, if the parties cannot agree, selected by a court in accordance with the FAA. To the extent that there is any variance between the selected forum’s rules and this Section (Arbitration and Waivers), this Section (Arbitration and Waivers) shall control.
If you initiate the arbitration, you must notify us in writing at:
Rain Technologies Inc.
209 10th Ave S., Ste 160
Nashville TN 37203-0702
If we initiate the arbitration, we will notify you, in writing, at your last known address in our file.
D. Class Action and Jury Waiver. NEITHER YOU NOR WE (I) HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, (II) SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, (III) HAVE THE RIGHT TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION, (IV) HAVE THE RIGHT TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT; OR (V) ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION.
E. Location of Arbitration and Cost. Any arbitration shall take place in Memphis, Tennessee, unless the parties agree to a different location in writing. The party initiating the arbitration (or appeal of the first arbitration award) shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. All fees and costs will be allocated in accordance with the rules of the arbitration forum. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but the arbitrator will have the authority to award attorneys and expert witness fees and costs to the extent permitted by this Agreement, the forum’s rules, or applicable law.
F. Arbitration Procedures: This Section (Arbitration and Waivers) is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, as set forth in subsection (B) (Binding Arbitration and Appeals) of this Section (Arbitration and Waivers).
G. Governing Law. You and we agree that in our relationship arising from this Agreement: (1) the parties are participating in transactions involving interstate commerce; (2) the arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement; and (3) this arbitration agreement and any resulting arbitration are governed by the provisions of the FAA, and, to the extent any provision of that act is inapplicable, the laws of the State of Tennessee. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. At the timely request of a party, the arbitrator must provide a brief written explanation of the basis for the award.
H. Continuation and Severability. This Section (Arbitration and Waivers) shall survive termination of your Account, any voluntary payment of any debt owed to us and paid in full by you, any legal proceeding by us to collect a debt owed by you, and/or any bankruptcy by you or us. If any portion of this Section (Arbitration and Waivers) of this Arbitration Section is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Section (Arbitration and Waivers), this Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
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.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
If you believe fraud has occurred on your account, please contact our Servicer as soon as possible, at (424) 369-7246.
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find a Mistake on Your Statement: If you think there is an error on your statement, write to our Servicer:
Rain Technologies Inc.
209 10th Ave S. Ste 160
Nashville TN 37203-0702
In your letter, please give us the following Account Information: (1) your name and Account number; (2) dollar amount, which should be the dollar amount of the suspected error; and (3) description of the problem. If you think there is an error on your statement, describe what you believe is incorrect and why you believe it is a mistake.
You must contact us or our Servicer within 60 days after the error appeared on your statement, and at least three (3) business days before an automated payment is scheduled, if you want to stop payment on the amount you think is incorrect.
You must notify us, in writing, of any potential errors. You may call us, but if you call us, we are not required by law to investigate any potential errors and you may have to pay the amount(s) in question.
What Will Happen After We Receive Your Letter: When we receive your letter, within 30 days of receiving your letter, we will tell you that we received your letter. We will also tell you if we have already corrected the error. While we investigate whether or not there has been an error: (1) we cannot try to collect the amount in question or report you as delinquent on that amount; and (2) the charge in question may remain on your statement. But if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount; (3) While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance; (4) We can apply any unpaid amount against your credit limit.
Within 90 days of receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next Statement) or the reasons we believe the bill is correct. If we do not believe there was a mistake, you will have to pay the amount in question, along with applicable interest and fees. We will send you a Statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within ten (10) days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question, even if your bill is correct.
You can learn about the privacy policies and practices that Evolve maintains by reviewing our Privacy Notice, available at: https://www.getevolved.com/privacy-policy/
All Accounts, including California and Utah Residents: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
Wisconsin Residents: Your signature confirms that this loan obligation is being incurred in the interest of your marriage or family. No provision of any marital property agreement, unilateral statement or court decree adversely affects a creditor’s interest unless, prior to the time the credit is granted, the creditor is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision.
New York and Vermont Residents: We may obtain at any time your credit reports, for any legitimate purpose associated with the Account or the application or request for an Account, including but not limited to reviewing, modifying, renewing and collecting on your Account. On your request, you will be informed if such a report was ordered. If so, you will be given the name and address of the consumer reporting agency furnishing the report. New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees and grace periods. New York State Department of Financial Services - (800) 342-3736 or https://www.dfs.ny.gov/.
New Jersey Residents: Because certain provisions of this Agreement are subject to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.
Missouri, Nebraska and Washington Residents: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.
Massachusetts Residents: Massachusetts law prohibits discrimination based upon marital status or sexual orientation.
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law.
© 2026 Rain Technologies Inc.
