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E-SIGN Disclosure and Consent for Confia

Introduction

This E-SIGN Disclosure and Consent Agreement (“Agreement”) allows us to provide you with electronic versions of important notices and documents associated with opening an account with us and throughout your relationship with us. Certain laws and regulations require us to provide notices and disclosures to you in “writing” (traditionally this is defined as a paper notice); with your consent, the E-SIGN Act allows us to provide these documents to you, and accept your signatures, electronically.

In this Agreement:

  • “We,” “us,” and “our” means PointChain Technology USA CA Inc d/b/a Confia;
  • “You” and “your” means the person giving consent under this Agreement, and also each additional account owner, authorized signer, authorized representative, delegate, and/or user identified on any Confia Product that you apply for, use or access;
  • “Communications” means each disclosure, notice, agreement, schedule of fees, statement, record, document, and other information we provide to you, or that you sign, submit, or agree to at our request;
  • “Electronic Service” means each and every product and service we offer that you apply for, use, administer or access using the Internet, a website, email, messaging services (including text messaging), and/or software applications (including applications for mobile or hand-held devices), either now or in the future;
  • “Confia Product” means each and every account, product, or service we offer that you apply for, own, use, administer or access, either now or in the future. Confia Products include Electronic Services;
  • 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 consent to use electronic records and signatures; Choosing to receive Communications electronically or in writing; Certain information must still be provided in writing.

In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you.

Electronic Records may be delivered to you in a variety of ways. These various delivery methods are described in our Member Account Terms and Conditions, Platform Use & License Agreement, and in other agreements we may have with you from time to time. In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both.

We may always, in our sole discretion, provide you with any Communication via paper, even if you have chosen to receive it electronically.

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 in another Communication how you may deliver that notice to us electronically.

There are certain Communications that by law we are not permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those Communications to you in writing. However, if the law changes in the future and permits any of those Communications to be delivered as Electronic Records, this Agreement will automatically cover those Communications as well.

If applicable, we will continue to provide your tax statements on paper unless you separately elect to receive them electronically (if available)

If we provide Electronic Records to you, and you want a paper copy, you may contact client services and request a paper version.You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law.

Your consent covers all Confia Products; Privacy Policies

Your consent covers all Communications relating to any Confia Product. Your consent remains in effect until you give us notice that you are withdrawing it.

From time to time, you may seek to obtain a new Confia Product from us. When you do, we may remind you that you have already given us your consent to use Electronic Records and signatures. If you decide not to use Electronic Records and signatures in connection with the new product or service, your decision does not mean you have withdrawn this consent for any other Confia Product.

You agree that we may satisfy our obligation to provide you with an annual copy of our Privacy Policy by keeping it available for review at https://account.fe-stage.confia.io, or, with prior notice to you, on another website where we offer Electronic Services.

You may withdraw your consent at any time; Consequences of withdrawing consent; How to give notice of withdrawal

You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may result in the termination of: (i) your access to our Electronic Services, including online account access, and (ii) your ability to use certain Confia Products.Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.

Depending on the specific Confia Product, if you withdraw consent we may charge higher or additional fees for that product or for services related to it. For example, if we need to send you paper statements because online account access is no longer available to you.

To withdraw your consent please contact us at 1-855-546-2813 or at clientservices@pointchain.io.

You must keep your email or electronic address current with us

You must promptly notify us of any change in your email or other electronic address. Sign on to your Confia account at account.confia.com to update your contact information and change the email address on record for you. There may be other, Confia Products for which we provide separate instructions to update your email or other electronic address.

Hardware and software you will need; Changes to hardware or software requirements

To receive Electronic Records, you must have access to: (i) a current version of an internet browser, (ii) a connection to the internet, (iii) a current version of a program that accurately reads and displays PDF files (such as Adobe® Acrobat® Reader), (iv) a computer and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form, and (v) an active email address.Current version means a version of a software that is currently being supported by its publisher.

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 Documents. Continuing the application process or using a Confia Product after receiving notice of the change is a reaffirmation of your consent to this Agreement.

Acceptance

By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review Electronic Records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, and/or users identified with your Confia Products.

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