September 13, 2022
This Collateral Agreement (“Agreement”) establishes the terms and conditions between Dashfi Inc d/b/a dash.fi and their agents and assigns (collectively in this Agreement, “dash.fi”) and the Secured Cardholder (“Cardholder” or “You”) for the use of the dash.fi Secured Card Program (“Secured Card Program”). By using dash.fi cards and providing dash.fi with collateral, you agree to follow and be bound by this Collateral Agreement. Dash.fi may modify and update this Agreement in its sole discretion as may be needed by posting an updated version to the dash.fi website or notifying you by email. You shall be bound by such modifications effective immediately upon posting. It is your responsibility to review these updates prior to continued use of the Service.
PLEASEREAD THIS COLLATERAL AGREEMENT CAREFULLY AS YOUR ACCEPTANCE AND USE OF THESERVICE IS YOUR CONSENT TO THIS AGREEMENT.
“Cardholder Terms of Service” means the user agreement located at https://www.dash.fi/legal/cardholder-terms-of-service.
“Collateral” means any dollar amounts provided by Debtor has more fully defined in section 4.1 of this Agreement.
“Rewards” means the cash back or other incentive provided to Cardholder under the terms of the Dash.Fi Rewards Agreement.
“Secured Card Program” means the program where as Cardholder provides Collateral in accordance with this “Agreement” in exchange for additional benefits as defined by the Dash.Fi Rewards Agreement.
“User” means a user of the Dash.Fi platform.
Dash.fi and Cardholder have previously entered into a contractual agreement whereby Cardholder has agreed to abide by the dash.fi Platform Agreement and Cardholder Terms of Service. Cardholder is electing to participate in the Secured Card Program as defined in the Dash.Fi Rewards Agreement. Cardholder acknowledges that as a result of the increased rewards pursuant to the Secured Card Program under the dash.fI Rewards Agreement, makes the line of credit provided to Cardholder under the dash.fi Platform Agreement and Cardholder Terms of Services inherently more risky for dash.fi and results in an increased financial exposure for dash.fi
4.11 To secure these financial exposures and in exchange for participation in the dash.fi Secured Card Program as further described in the dash.fi Rewards Agreement, the Cardholder hereby agrees to provide dash.fi with full right and title of ownership to the following as collateral (the “Collateral”) to secure the debt listed in the “debt” section of this agreement:
• United State Dollar value equal to one-month average Cardholder spend over a trailing three month period in compliance with the terms of the dash.fi Platform Agreement, Cardholder Terms of Service, and Cardholder’s Reward Agreement.
4.12 Collateral will be provided to dash.fi in one of the following approved methods:
• Cardholder will authorize dash.fi to pull Collateral via ACH transfer automatically based on Cardholder’s monthly spend in accordance with the formula set out in Section 3.11 above.
• A one-time wire transfer from Cardholder to dash.fi.
• A one-time ACH pull by dash.fi from Cardholder’s authorized bank account.
4.13 Collateral delivered to dash.fi will be locked for up to 12 months with a renewing one month period.
4.14 Cardholder may withdraw Collateral by providing a minimum two weeks notice prior to the end of the month. Withdrawal requests can be made via:
• Cardholder request to Cardholder’s assigned account manager; or
• Cardholder request through dash.fi’s standard support team.
4.15 At any point should Cardholder’s Collateral amounts no longer exceed the minimum amounts as required by section3.11 above, Cardholder will no longer be eligible for rewards as described in the dash.fi Rewards Agreement for participation in the Secured Card Program.
5.11 Cardholder represents and warrants that:
5.12 Cardholder is the sole owner of all amounts pledged as collateral used in connection with this agreement;
5.13 Cardholder is the sole beneficial owner of the dash.fi account through which collateral is being delivered;
5.14 All funds delivered as collateral are free from any claims, indebtedness to other creditors, liens or other third-party interests;
5.15 Should Cardholder default on the debt listed in section 2.1, the dash.fi shall have the right to utilize the listed Collateral to recoup lost investment.
5.21 Dash.fi represents and warrants that:
5.22 All warranties and representations in the dash.fi Platform Agreement, Cardholders Terms of Service and the dash.fi Rewards Agreement continue in full force and effect;
5.23 The dash.fi will perform all of its duties and obligations and complete with all terms and conditions as set out under the dash.fi Platform Agreement, Cardholders Terms of Service, the dash.fi Rewards Agreement and this Collateral Agreement;
5.24 Collateral in an amount equal to Cardholder’s available daily credit limit will not be pledged, re-repledged, hypothecated, re-hypothecated, sold, lent, or otherwise and will be held for the duration of this agreement in one of dash.fi’s bank accounts;
6.11 Cardholder gives and grants dash.fi full ownership in all collateral provided and delivered to dash.fi by or for the account of the Cardholder at any time pursuant to this Agreement.
6.12 Dash.fi may pledge, re-pledge, hypothecate, re-hypothecate, lend or otherwise utilize Collateral provided by Cardholder over the amounts described in Section 4.24 in the following capacities:
• To hold funds in reserve accounts, pooled accounts, and/or operating accounts at dash.fi’s bank partners; lend funds to dash.fi in order for dash.fi to fund Cardholder transactions and any other operating activities, and/or provide credit, payment terms or loans to Cardholders subject to Cardholders Terms of Service;
THIS AGREEMENT ANDTHE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BECONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS
If any provisions of this Agreement are deemed invalid or unenforceable, the rest of the Agreement will continue in full force and effect.
The representations and warranties contained within this Agreement will continue after the delivery and payment of the Collateral and shall remaining full force and effect, regardless of any investigation made on behalf of any of the Collateral or any person controlling any of them.