Evolve E-SIGN

As part of your relationship with us, we want to ensure that you have all the information you need to effectively manage your accounts. With your affirmative consent, we are permitted by law to use electronic methods to provide you with account and related information. Given the electronic nature of our services, your affirmative consent to use electronic records and signatures throughout our relationship with you is necessary. So, before you use any of our services, including opening an account, you must review and consent to the terms outlined below by “Submit and Continue”. If you do not agree to this Consent or you later withdraw your consent provided herein, you may not be able to continue to use our services.

Throughout this E-SIGN Consent (above and below) the following words have the following meanings:

Definitions

“We”, “us”, and “our” means Evolve Bank & Trust, its current or future affiliated companies, as well as each of the agents, assignees, and service providers of Evolve Bank & Trust.

“You” and “your” means the person giving the E-SIGN consent, and each additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any product that you apply for, use or access.

“Communication” means each application, agreement, disclosure, notice, fee schedule, response to claims, statement, privacy policy, record, document and other information we provide to you or that you sign, submit or agree to at our request.

“Service” means any financial product or service that you apply for, obtain, or otherwise use which is offered by Evolve Bank & Trust or by any agent, assignee, or service provider of Evolve Bank & Trust.

“Servicer” or “Rain” means Rain Technologies Inc. or any affiliate of Rain Technologies Inc.

The words “include” and “including,” when used at the beginning of a list of one or more items, indicates that the list contains examples, the list is not exclusive or exhaustive, the items in the list are only illustrations and the items are not the only possible items that could appear in the list.

Your Right to Withdraw Your Consent

You can withdraw your Consent to receive Communications electronically at any time by contacting Rain Technologies Inc. Your withdrawal of Consent will become effective after we have had a reasonable opportunity to act upon it. If you withdraw your Consent, we reserve the right to limit, close or terminate any of your Services, and the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

Scope of Communications to be Provided in Electronic Form

This Consent applies to all Communications and Services. By applying for or using a Service, you agree that any Communications will be provided in electronic format, to the extent allowed by law, and that paper Communications will not be sent. Your Consent to receive electronic Communications includes:

1. All legal and regulatory disclosures, notices and communications associated with a Service (such as privacy policies and terms of use);
2. All terms, disclosures and agreements by and between you and us that relate to a Service, as well as any amendments to those terms and agreements;
3. Responses to claims filed in connection with a Service;
4. Statements, receipts, payment authorizations, transaction history or other documents related to a Service; and
5. All other communications between us and you concerning a Service.

Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you how you may deliver that notice to us electronically.

We reserve the right, at our sole discretion, to terminate or change the terms and conditions of this Consent. We will provide you with notice of any such termination or change as required by law. Any changes to this Consent will apply to Communications provided after the date of change, unless we specify otherwise.

Method of Providing Communications in Electronic Form

All Communications that we provide in electronic form will be provided (1) by e-mail, (2) by text message or SMS, (3) by access to a website, (4) through any mobile application we may make available, or (5) in the manner specified in any other agreement we or our affiliates have with you.

Continuing to use our Services after receiving changes or updates to our system requirements signifies your acceptance of the change or update and your reaffirmation of your Consent.

Keeping your Records Current – Address or Name Changes

You are responsible to provide us with a true, accurate and complete e-mail address, street address, and other information related to this Consent and a Product, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by contacting our Servicer at care@rain.us or (424) 369-7246.

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or Communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.

We cannot accept responsibility for any email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account information to such individual.

System Requirements for Accessing Communications

In order to access, view, and retain electronic Communications that we provide to or make available to you electronically, you must have:

• an accurate and valid email address in the [OB Partner name] or mobile telephone number
• a smartphone, mobile device (such as a tablet or smart phone), or computer that operates on a platform like Windows or a Mac environment;
• a connection to the Internet;
• a Current Version (defined below) of an Internet browser, such as Firefox, Google Chrome, Microsoft Edge, Microsoft Internet Explorer, or Safari, with cookies enabled;
• a Current Version of a program that accurately reads and displays PDF files (which may be either a browser that supports native PDF rendering or a program such as Adobe Acrobat Reader);
• a Current Version of an operating system capable of supporting all of the above; and
• a printer to print out and save Communications in paper form or electronic storage to retain Communication in an electronic form.

The term “Current Version” means a version of the software that our Servicer supports and that is currently being supported by the publisher of that software. Our Servicer supports the Current Version and, for a period of time (at least three months), the version immediately prior to that Current Version.

We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial change in these requirements, you will be notified as required by law.

Requesting Paper Copies

We will not send paper copies of any Communication; however, you have the right to request Communication in paper form. To request a paper copy, you can call our Servicer at (424) 369-7246 during normal business hours, except for a federal holiday. Or you can write to our servicer at Rain Technologies Inc. 209 10th Ave S. Ste 160 Nashville TN 37203-0702. In each case in which you wish to request a paper copy, you must call or write to our Servicer within 60 days from the date of the Communication, specifying in detail the Communication you would like to receive. For avoidance of any doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communication.

There may be a fee associated with the request for the delivery of paper copies of any Communication provided electronically pursuant to this Consent.

Communications in Writing

All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print and save and/or download or electronically store a copy of this Consent and all Communications that we send to you electronically.

Consent

To the extent permitted by applicable law, by clicking the “Submit and Continue” you consent to use electronic signatures and to electronically receive all Communication that we may otherwise be required to send or provide you in paper form (e.g., by mail).

Specifically, when you accept and agree to this E-SIGN Consent electronically, you represent that:

1. you have read and understand this E-SIGN Consent to use electronic signatures and to receive Communication electronically;
2. you satisfy the minimum hardware and software requirements specified above; and
3. your consent will remain in effect until you withdraw your consent as specified above.