Customer Complaint Policy

Step 1) Contact our User Success Team

If you have a complaint, KOHO can help you resolve it. In order to resolve your complaint as accurately and efficiently as possible, we ask that you have any supporting documents or information that might be relevant to your complaint, prior to reaching out.

You may contact our User Success team at support@koho.ca

Please do not use this process for any law enforcement or court related proceedings.Any such inquiries should be directed to our team at fraud@koho.ca

Step 2) Escalate your complaint to a Tier II User Success Agent

Our knowledgeable Tier I User Success team is always your first point of contact and are often able to address your concerns and arrive at a resolution. In situations where you don’t feel satisfied with the response you’ve received, please let the Tier I User Success Agent know and you’ll be referred to a Tier II User Success Agent or you may contact our Tier II User Success team at complaints@koho.ca

Step 3) Escalate your complaint to a User Success Team Lead or Manager

If you aren’t satisfied with the resolution offered by the Tier II User Success Agent, please let them know. Your complaint will then be sent to a User Success Team Lead.

The User Success Team Lead will perform an investigation and reach out to you with a review of the case and their recommendations.

Step 4) Escalate your complaint to the Head of our User Success Team

If your complaint has not been resolved, it may be escalated to the Head of our User Success Team. The Head of our User Success Team is the most senior designated officer appointed to address escalated complaints within KOHO. This is the final point of escalation to address your complaint.

We aim to resolve or close complaints within 56 days from when you first communicated the complaint to us.

Updated April 1, 2023

Terms of Service

• By accessing koho.ca, whatthefee.ca or the KOHO mobile application (collectively with all subpages and successor pages, the “Site”), you acknowledge these terms and conditions of use and agree to be contractually bound by them. If you do not agree to these terms, please discontinue accessing the Site immediately.

• We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time without further notice and you agree to be bound by such modifications, alterations or updates, which shall be effective immediately upon being posted on the Site. Please check these terms and conditions periodically for any changes. Your continued use of the Site following posting of the changes will indicate your acceptance of such modified terms and conditions.

• The content of the Site is published by KOHO Financial Inc. (“KOHO”), a Canadian corporation.

• The Site is only intended to provide you with general information and is neither an offer to sell nor a solicitation of an offer.

• Information on the Site is not intended to provide legal, accounting, financial or tax advice or other professional advice, and should not be relied upon in that regard.

• Except to the extent prohibited by law (such as for exclusions of implied warranties if you are a consumer under the meaning of the Quebec Consumer Protection Act who is a resident of Quebec (“Quebec Consumer”), the Site is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, reliability or completeness, all of which are hereby disclaimed by KOHO to the fullest extent permitted by applicable law.

• Every effort has been made to ensure that the material contained on the Site is accurate at the time of publication, but you expressly agree that use of the Site is at your sole risk and that it is your responsibility to evaluate the accuracy, completeness and usefulness of all information provided through the Site.

• To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a Quebec Consumer) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, or any reliance on, the Site, any of its content or links (including without limitation any inaccuracies or viruses), or any web browser or other equipment or as a result of any unauthorized access to the Site or any data breach involving the Site.

• Your use of the Site will be in compliance with all applicable laws. You will not: Use the Site for illegal purposes; Intentionally interfere with or damage the operation of the Site or any other users’ enjoyment of it, by any means, including uploading or otherwise disseminating viruses, spyware, worms or other malicious code or file with contaminating or destructive features.

• By accessing the Site, you agree to indemnify and hold harmless KOHO, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or the use or misuse of the Site.

• The contents of the Site are protected by applicable copyright and trademark laws. Unauthorized use or exploitation of such content is strictly prohibited including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Site, or any part thereof, for any purpose.

• Other sites accessed by hypertext appearing in the Site may have been independently developed by parties other than KOHO. KOHO does not guarantee the accuracy, integrity or quality of information contained in such other sites. Your use of such other sites is subject to the terms and conditions of use and the privacy policies contained within such other sites.

• Links to other sites are provided for your convenience only. KOHO does not control such other sites and is not responsible or liable in any way for their content. KOHO’s inclusion of links to such other sites should not be taken as KOHO’s endorsement or approval of such other sites, their content, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection or other destructive/disruptive components on or from such other sites.

• KOHO may provide you with marketing or promotional materials through the Site.

• KOHO may have arrangements in place in connection with any such marketing or promotional materials where we may be entitled to receive a referral or other fees from third parties. Please refer to KOHO’s privacy policy for more information on our use and protection of your personal information.

• Links to the Site without the express written permission of KOHO are strictly prohibited. To request permission, please contact support@koho.ca. The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any method is strictly prohibited.

• KOHO cannot guarantee complete confidentiality or security for information that is transmitted electronically. By accessing the Site, you acknowledge that KOHO is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us. Please refer to KOHO’s privacy policy for more information.

• No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under these terms and conditions of use will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.

• If any provision of these terms and conditions or part thereof is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision or part thereof shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

• These terms and conditions are governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Site you hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to the Site, these terms and conditions of use or any related matters.

• For Quebec Consumers Only: The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the law of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.

• KOHO is a trademark of KOHO Financial Inc. All product and company names are trademarks or registered trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them. Any product names, logos, brands, and other trademarks or images featured or referred to within the KOHO website are the property of their respective trademark holders.

Peoples Trust Company Terms of use for Mobile Payment Services

Last modified: [April 22]

These Terms of Use for Mobile Payment Services (the “Terms”) apply when you choose to add a prepaid card issued by Peoples Trust Company (“Card”) to an eligible mobile payment wallet (each, a “Wallet”). In these Terms, “you” and “your” refer to the cardholder of the Card, and “we,” “our,” “us” and “Issuer” refer to the issuer of your Card, Peoples Trust Company.

When you add a Card to a Wallet, you agree to these Terms:

• Applicability of Terms: These Terms apply to your loading and use of your Card in each Wallet. You understand that your use of your Card in a Wallet is also subject to the agreements or terms of use of the Wallet provider, third party wireless companies, and/or data service providers and other third parties who are involved in the operation of the Wallet, services related to the Wallet, transactions conducted using the Wallet, or provision of devices or device software through which the Wallet operates (“Mobile Devices”), none of whom are related to or controlled by us (each, a “Service Provider”).

• Adding your Card: Your Card may be added to an eligible Wallet by following the instructions of the Wallet provider. Only Cards that we indicate are eligible can be added to a Wallet. Your Card may be added to multiple Wallets and used on multiple Mobile Devices. You may not add a Card to a Wallet or use a Card in a Wallet if at any time: (i) your Card or related account is not in good standing; (ii) your Card has been cancelled or suspended; (iii) we cannot authenticate the Card in accordance with our procedures; (iv) we suspect there may be fraud in connection with your Card or use of your Card, or (v) we have suspended or terminated your Card’s eligibility for use with a Wallet. Additional requirements or restrictions may also be imposed by Service Providers.

• Your Cardholder Agreement Terms Do Not Change: The terms of the cardholder agreement that govern your Card as amended by us from time to time (“Cardholder Agreement”) continue to apply to your Card when you add your Card to a Wallet. These Terms are supplemental to the Cardholder Agreement. Nothing in these Terms supersedes, replaces or otherwise modifies your Cardholder Agreement. For example, any applicable fees or charges that apply to your Card will continue to apply when you use a Wallet to conduct transactions with your Card.

• Issuer Is Not Responsible for the Wallet: Subject to restrictions in this Agreement, you may use any Card added to a Wallet, through the Wallet and Service Provider Mobile Devices and services, to make purchases wherever the Wallet is accepted. Information about the Card and certain recent transactions may also be made available through a Wallet. The Wallet may not be accepted everywhere your Card is accepted. You acknowledge and agree that we are not a party to your agreements with any Service Providers, we do not provide any support or assistance for any hardware, software, or other services of a Service Provider related to the operation of the Wallet or a Mobile Device used with the Wallet. We are not responsible for the performance or non-performance of the Wallet provider or any other Service Provider regarding any agreement you enter into with the Wallet provider, any other Service Provider or associated third‐party relationships that may impact your use of a Wallet. Issuer is not responsible for or liable to you, for any failure of a Wallet, for security of the wallet or your personal information stored in the wallet or on any MOBILE DEVICE that you use with the wallet,or for any loss, injury, damage, harm, cost or inconvenience you may suffer as a result of a failure or inability to use a Wallet for any transaction, security breach of the wallet or a servcice provider device, or arising generally from any act, failure to act, or representation by or on behalf of a Service Provider. You should review Service Provider terms and conditions carefully to understand your agreements with a Service Provider, including but not limited to your obligations to the Service Provider, disclaimers of responsibility and limitations of liability of the Service Provider, restrictions on use of the Wallet, relating to security of the Wallet and any Mobile Device used with the Wallet, and how your personal information will be collected and used by any Service Provider, and how collection, use and disclosure of your information may be controlled in respect of the Wallet using a Mobile Device on which you store the Wallet. Questions regarding how to use a particular Wallet and the terms and conditions of the Wallet should be addressed to the Wallet provider.

• Security: You agree to protect and keep confidential your User ID, passwords and all other authentication information required for your use of a Card in a Wallet. If you share these credentials with others, third parties may be able to use your Card through a Wallet and access Card information made available through the Wallet. You agree to keep the Mobile Device on which the Wallet is stored safe and secure and you agree to notify us if your Mobile Device is lost or stolen. You will be responsible for the full amount of any losses if you contributed to the unauthorized use of your Card or if you failed to notify us as required in the terms of your Cardholder Agreement or if you fail to notify us of the loss or theft of your Mobile Device. You agree to delete your Card from the Wallet before you deliver your Mobile Device to any Mobile Device service or when you retire or discard your Mobile Device. You also agree that you are solely responsible to ensure the safety and security of your Mobile Device and you agree that you will implement reasonable security protocols to protect the Mobile Device and the Wallet from unauthorized use, including but not limited to password and/or biometric protection to restrict access to your Mobile Device, ensuring that you do not provide passwords or add biometric verifications to your Mobile Device for any person that you have not authorized to use your Wallet, and that you will not add your Card to a Wallet on any Mobile Device that has been compromised through “jail breaking” or any other similar alteration. Except as expressly provided in this Agreement, the Cardholder Agreement, or unless prohibited by law, you are responsible and liable for all transactions conducted through the Wallet using your Card and, in any event, you will be liable for any transactions conducted by anyone using authentication codes or biometric or other verifications that grant access to, and allow use of, your Mobile Device where you store the Wallet.

• Fees: Issuer does not charge fees for adding a Card to a Wallet or using your Card in a Wallet, however any fees and charges disclosed in your Cardholder Agreement, if applicable, will continue to apply to the use of your Card. We may charge fees for adding or using a Card in a Wallet in the future, in which case we will amend the fees disclosed in your Cardholder Agreement to include those fees. In addition, the Wallet provider or other Service Provider(s) may charge fees in connection with your use of a Wallet, over which we have no control. Service Provider fees may form part of the transaction amount that is charged to your Card when using the Wallet and the nature and amount of those fees may be unknown to us. You agree that Service Provider fees will be charged to your Card when processing a transaction conducted using the Wallet and that you are responsible for paying such Service Provider fees. You agree that we are not responsible for identifying, disclosing or verifying Service Provider fees and that charging such fees to your Card is not a “Billing Error” as contemplated below or in the Cardholder Agreement.

• Billing Errors: You are responsible for identifying and notifying us of any billing errors in accordance with the terms and in the timeframes required by your Cardholder Agreement. We will address any potential error in accordance with the terms disclosed in the Cardholder Agreement. Some transaction details may be presented to you on your Mobile Device through your Wallet. We do not guarantee that the transaction information displayed through your Wallet will be accurate or complete. Some transactions displayed through your Wallet may be pending charges that are temporary and subject to change. When reviewing your transaction history for errors or otherwise you should review the statements or transaction history for your Card available from us or through the program manager for your Card.

• Ending or Suspending Use of a Wallet: We can end or suspend your ability to use a Card in a Wallet at any time and have the right to block transactions made with a Card through a Wallet at any time. You agree to remove your Card from any Wallet as we direct, immediately upon request by us. You may remove your Card from a Wallet by following the instructions provided by the Wallet provider.

• Privacy and Security: As set out in your Cardholder Agreement, we may collect and use your personal information (“Cardholder Information”) to process Card transactions, to provide our services from other countries from which we service our cardholders, to process claims for lost or stolen Cards and to help protect against fraud and for regulatory compliance purposes. We may share Cardholder Information with entities that provide services on our behalf, as necessary for these purposes. You agree that by adding your Card to a Wallet, we may also share Cardholder Information with the Wallet provider, the Card networks (e.g., Visa*) and Service Providers in order to facilitate any Wallet services you request; to make information about your Card transactions available to you in a Wallet; and/or to enable you to obtain Wallet services. We will not authorize any Service Providers or other third parties to share or use such information for any other purposes. We do not control how third parties use information they receive in connection with your use of your Card in a Wallet. You may obtain information about the privacy policies of the Wallet provider and Service Providers by contacting them directly. Issuer’s privacy policy is available at https://www.peoplestrust.com/en/legal/privacy-security/privacy/.We may provide certain Cardholder Information to others as permitted or required by law, such as to any governmental authority, Service Providers or third parties in response to subpoenas, court orders, or requests from law enforcement or other governmental authorities to establish or exercise our legal rights and to defend against legal claims.You recognize and agree that Cardholder Information may be transferred to, and stored and/or processed outside the jurisdiction in which you reside (including the United States). Any Cardholder Information transferred to another jurisdiction will be subject to the laws of that jurisdiction, which may differ from those in the jurisdiction where you reside. These laws may permit governments, tribunals, law enforcement, regulatory and national security authorities in that jurisdiction to access Cardholder Information in certain circumstances.
  You agree that we, our service providers, or any affiliates, agents or service providers on behalf of us or our service providers, may use written or verbal means to contact you regarding the Card, activity relating to the Card or your use of the Card, in connection with the Wallet. This includes, but is not limited to, contact by manual calling methods, text or SMS messages, email, pre-recorded or artificial voice messages, and/or automatic telephone dialing systems. You agree that these entities may use any e-mail address or any telephone number that you provide now or in the future, including a number for a cellular phone or other wireless device, regardless of whether you incur charges as a result, to advise you about activity relating to the Card. You agree that these entities may monitor and record telephone calls between you and them to assure quality service and for staff training purposes.Should you not wish to accept these privacy terms and conditions, or wish to withdraw consent and, therefore, terminate your use of your Card in the Wallet, you must communicate with our customer service at the number printed on the back of your Card and the customer service of the Wallet provider and discontinue any further use of the Card in the Wallet. You may be able to deactivate certain communications of data relating to your Card to the Wallet and Mobile Device on which the Wallet is stored using the functionality of the Mobile Device.Electronic Communications. You agree to receive electronic communications from us, including SMS to your Mobile Device and emails to the email address we have on record for you. We may send you electronic communications when you add and/or use your Card with a Wallet. We are not responsible for the failure of the delivery of an electronic communication that may prevent registering or using your Card with a Wallet, even if the contact information we have from you is correct. You may revoke your consent to receiving electronic communications from us at any time by communicating with customer service using the phone number printed on the back of your Card. You are responsible for informing customer service if the contact information we have from you has changed.

• Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CARD PROVISIONED IN A WALLET IS AT YOUR SOLE RISK.. THE FOLLOWING STATEMENT DOES NOT APPLY IN QUEBEC: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CARD MADE AVAILABLE TO YOU THROUGH A WALLET IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND. ISSUER, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY CARD PROVISIONED IN A WALLET, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

• Complaints: If you have a complaint or inquiry about any aspect of the use of your Card, please first attempt to resolve the complaint or inquiry by calling the Customer Service number at number printed on the back of your Card. If Customer Service is unable to resolve the complaint or inquiry to your satisfaction, please submit your complaint or inquiry through the form found at https://www.peoplestrust.com/en/about-us/contact/. We will do our best to resolve your complaint or inquiry. If for some reason we are unable to resolve the issue to your satisfaction, you may refer your inquiry or concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. You may also communicate the complaint or inquiry to: Financial Consumer Agency of Canada
  427 Laurier Avenue West, 6th Floor
  Ottawa, ON, K1R 1B9
  Tel.: 1-866-461-3222
  www.fcac-acfc.gc.ca

• Governing Law: The parties attorn to the jurisdiction of British Columbia and these terms of use shall be construed in accordance with, and governed by, the laws of the Province of British Columbia and Canada to the fullest extent permitted by law. FOR CONSUMERS RESIDING IN QUÉBEC ONLY: The parties attorn to the jurisdiction of Québec and this Agreement will be construed in accordance with and governed by the applicable laws of Québec and Canada.

• Changes to Terms: Subject to the limitations of applicable law, we may amend any term or condition of these Terms at our discretion from time to time, including increasing or adding new fees (an “Amendment”). We will post Amendments and the then current version of these Terms on our Website. Amendments will be posted at least thirty (30) days in advance of the Amendment taking effect. An Amendment will take effect on the date indicated in the notice. If the Amendment increases your obligations or a reduces our obligations, you may refuse the Amendment and either remove your Card from any Wallet without cost, penalty or cancellation indemnity or cancel your Card following the process set out in the Cancellation section of the Cardholder Agreement, no later than thirty (30) days after the Amendment comes into force. We may also make changes to our services without notice if necessary to maintain or restore security of the Card or any related payment system or to comply with applicable law. We will give notice of such changes as soon as possible.

• Questions: If you have any question, dispute, or complaint about a Wallet, you should contact the Wallet provider using the information it provided to you. If you have any question, dispute, or complaint about a Card, you should contact us by telephone at: 1-855-564-6999 or email at team@koho.ca.

• Language: It is the express wish of the parties that this Agreement and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que cette convention et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais.

*Trademark of Visa International Service Association and used under licence by Peoples Trust Company

KOHO Advance Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the KOHO Advance no-fee, no-interest line of credit facility (“KOHO Advance”) extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”). By requesting KOHO Advance through the KOHO App, you agree to these terms and conditions.

1. Eligibility:

To access KOHO Advance, your KOHO Account must be in good standing which means:

• a) your KOHO Account must be active, and

• b) you must have Payroll Direct load set up on your KOHO Account and have received at least one payroll direct load of $100 or more in the current or previous calendar month. For example, to be eligible for the program in March, you must have received a direct load of $100 or more in February or March.

Failure to repay a KOHO Advance will automatically make you ineligible for future KOHO Advances. KOHO will not obtain your credit score or credit report or report to any credit bureau in connection with KOHO Advance without your consent.

2. Line of Credit:

KOHO Advance is a no-fee, no-interest line of credit. Some terms and conditions of KOHO Advance will vary (as set out below) depending on whether or not you have subscribed for KOHO Bundle.

*This is available to Canada Life users only and does not extend to other KOHO users (Regular, Joint or Premium)

3. How it Works

If you meet the eligibility criteria above and you have opted-into KOHO Advance through the KOHO App, you can request an Advance up to your KOHO Advance limit. If you have subscribed to KOHO Bundle, you can request an Advance up to the amount of your KOHO Advance Limit at any time. If you have not subscribed to KOHO Bundle, you can request an Advance up to the amount of your KOHO Advance Limit up to three days prior to your next-scheduled Payroll Direct load. You must select your repayment date (the “Payment Due Date”) at the time that you request the Advance which may be no later than 15 days following the date of the Advance for the KOHO Bundle and three days without the KOHO Bundle. KOHO Advance funds will then be credited to your KOHO Account based on the terms noted above.

4. Repayment

By requesting a KOHO Advance, you promise to repay us the amount of the Advance on the Payment Due Date that you have selected or an earlier date should you wish to do so. Repayment of each of your Advances will be made by pre-authorized debit (PAD) to your KOHO Account with the effective date of the PAD authorization being the date at which you opt in to the KOHO Bundle. This is a personal PAD .If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to KOHO Advance or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion. We reserve the right to demand repayment of any Advance at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. To more information on recourse rights, contact your financial institution or visit www.payments.ca.

5. Transaction Details

Any Advance you request and the details of your repayments will be reflected in the transaction feed of the KOHO app. If you notice an item in error and wish to dispute it, you must inform customer service via in-app chat or by calling 1-855-564-6999 within 90 days of the date that the item was first posted to your transaction feed. If you don’t notify us within that time period, then you agree that your transactions and balances are accurate and you will not be permitted to dispute them later. We may debit or make adjustments to your KOHO Account at any time for any amount that was credited in error.

6. Default

You will be in default under this Agreement if you:

• a) fail to repay an Advance on the Payment Due Date, or if we believe for any reason that you that you will be unable to repay an Advance,

• b) cancel or revoke the PAD authorization without a replacement authorization;

• c) close your KOHO Account or are in default under your KOHO Cardholder Agreement,

• d) are in default under the KOHO Bundle Terms and Conditions;

• e) have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement,

• f) commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party, or

• g) die.

If you are in default for any of the above reasons, we may, in our discretion:

• a) charge you a non-sufficient funds (NSF) fee,

• b) request that you repay any outstanding Advance immediately,

• c) suspend or terminate access to future KOHO Advances, and/or

• d) suspend or terminate your KOHO Account.

7. Termination

You may terminate this Agreement or the ability for us to withdraw your funds by way of PAD at any time by withdrawing from KOHO Advance within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the KOHO Advance program at any time. If this Agreement is terminated by you or by KOHO, you must immediately repay the amount of any outstanding Advance. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

8. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy.

9. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria or any of the other terms and conditions relating to KOHO Advance. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you have an outstanding Advance, if you request a new Advance or if you make a repayment after we have made a change to this Agreement, you will be considered to have agreed to the change.

10. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, KOHO Advance, or in respect of our provision of KOHO Advance or our suspension or termination of KOHO Advance.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

KOHO Bundle Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the KOHO Advance no-fee, no-interest line of credit facility (“KOHO Advance”) extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”). By requesting KOHO Advance through the KOHO App, you agree to these terms and conditions.

1. Eligibility:

To access KOHO Advance, your KOHO Account must be in good standing which means:

• a) your KOHO Account must be active, and

• b) you must have Payroll Direct load set up on your KOHO Account and have received at least one payroll direct load of $100 or more in the current or previous calendar month. For example, to be eligible for the program in March, you must have received a direct load of $100 or more in February or March.

2. KOHO Bundle

The KOHO Bundle is a subscription service that provides access to a collection of KOHO products and services in exchange for a $5 fee (“Subscription Fee”). The term of the KOHO Bundle is a maximum of 15 days (“Subscription Term”) and includes:

1. Unlimited access to our in-house financial coach

2. Ability to opt into KOHO Advance, our no-fee, no interest line of credit

3. How it Works

If you meet the eligibility criteria above and you have opted-into the KOHO Bundle through the KOHO App, you will have access to the bundle of the above-noted bundle of services. When you subscribe to the KOHO Bundle, we will automatically deduct the Subscription Fee from your KOHO Account by way of pre-authorized debit (PAD). If you do not utilize any services in the KOHO Bundle, the Subscription Fee will be refunded to you at the end of the Subscription Term. Please refer to the terms and conditions for the KOHO Advance product for more details on the no fee, no interest line of credit.

4. Payment

Payment of the Subscription Fee will be made by PAD to your KOHO Account with the effective date of the PAD authorization being the date at which you opt in to the KOHO Bundle. This is a personal PAD. If you cancel or revoke our ability to withdraw funds by PAD for these purposes, you will not have access to the KOHO Bundle until you provide a new authorization or another payment method that is acceptable to us, in our sole discretion.

You have certain recourse rights if any PAD does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. For more information on recourse rights, contact your financial institution or visit. www.payments.ca.

5. Default

You will be in default under this Agreement if you:

• a) fail to pay the Subscription Fee, your payment is returned to us or dishonoured, or if we believe for any reason that you that you will be unable to pay the Subscription Fee,

• b) cancel or revoke the PAD authorization without a replacement authorization;

• c) close your KOHO Account or are in default under your KOHO Cardholder Agreement,

• d) are in default under the KOHO Advance Terms and Conditions,

• e) have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement,

• f) commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party, or

• g) die.

If you are in default for any of the above reasons, we may, in our discretion:

• a) charge you a non-sufficient funds (NSF) fee,

• b) request that you repay any outstanding Advance immediately,

• c) suspend or terminate access to the KOHO Bundle or any other services that KOHO may make available from time to time, and/or

• d) suspend or terminate your KOHO Account.

6. Termination

You may terminate this Agreement and our ability to withdraw funds by way of PAD at any time by withdrawing from the KOHO Bundle within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the KOHO Bundle program at any time. If this Agreement is terminated by you or by KOHO and you have not used the KOHO Bundle, the Subscription fee will be refunded, but it will not be if you terminate after using the KOHO Bundle in accordance with this agreement. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

7. Limitation of Liability

By opting into the KOHO Bundle you agree that the use of the financial coaching service does not constitute financial or investment advice and should not be interpreted as such. The information received through the financial coach should be reviewed by an independent financial or investment professional. You are solely responsible for your own financial and investment research and decisions and KOHO will not be responsible for any loss or damage you may incur as a result of your use of the financial coaching service or any other service that KOHO may make available in the KOHO Bundle.

8. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy.

9. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria, the offerings within the KOHO Bundle or any of the other terms and conditions relating to KOHO Bundle. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. if you subscribe to a new KOHO Bundle or use the KOHO Bundle services after we have made a change to this Agreement, you will be considered to have agreed to the change.

10. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, KOHO Bundle, or in respect of our provision of KOHO Bundle or our suspension or termination of KOHO Bundle.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

KOHO Credit Building Bundle Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the services extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”) from time to time (the “Credit Building Bundle”) as set out in more detail below. By subscribing to the Credit Building Bundle through the KOHO App, you agree to these terms and conditions.

1. Definitions

In this Agreement, “KOHO Account” means your regular, Joint or Premium account or a combination thereof with KOHO to facilitate your spending/savings conducted via your KOHO Card (plastic, metal, Premium or Joint) supported by the KOHO App.

2. Eligibility

To access the Credit Building Bundle, your KOHO Account must be in good standing which means your KOHO Account must be active and you must have activated your physical card. KOHO reserves the right to add additional eligibility criteria in its sole discretion.

3. Credit Building Bundle

The Credit Building Bundle is a subscription service that provides access to a collection of KOHO products and services in exchange for the monthly fee displayed in the subscription process in your KOHO App (“Subscription Fee”). The term of the Credit Building Bundle is six (6) months (“Subscription Term”) and includes:

• 1) Unlimited access to our in-house financial coach;

• 2) Access to, our no-fee, no interest line of credit;

• 3) Your monthly credit score, updated each month and showing monthly progress; and

• 4) KOHO reporting your payment activity to a credit bureau to help build credit history.

On the expiration of the Subscription Term, you will have to re-enroll in order to continue receiving the benefits of the Credit Building Bundle.

4. Term

The term of this Agreement and the Credit Building Bundle shall commence on the date this Agreement is accepted by you and will continue for an initial six (6) month term (the “Initial Term”), unless this Agreement is terminated earlier in accordance with the provisions of this Agreement. This Agreement will be automatically renewed for successive six (6) month terms thereafter (each six (6) month period, a “Renewal Term” and each Renewal Term collectively with the Initial Term, the “Subscription Term”) unless you notify KOHO in the KOHO App of your intention to not renew the Credit Building Bundle.

5. How it Works

If you meet the eligibility criteria above and you have opted-into the Credit Building Bundle through the KOHO App, you will have access to the above-noted bundle of services. When you subscribe to the Credit Building Bundle, we will automatically deduct the Subscription Fee from your KOHO Account by way of pre-authorized debit (“PAD”) as set out in the following section. Please refer to the terms and conditions for the Credit Building Line of Credit for more details on the no fee, no interest line of credit.

6. Payment

In the KOHO App, when you register for the Credit Building Bundle, you shall be required to select to pay the Subscription Fee either monthly or in advance for the Initial Term. You may change this selection at any time in the KOHO App. Payment of the Subscription Fee will be made by PAD from your KOHO Account at the beginning of the month in which payment is due, with the effective date of the PAD authorization being the date at which you opt into the Credit Building Bundle. This is a personal PAD. You authorize KOHO to debit your KOHO Account for the Subscription Fee based upon the payment frequency selected. All Subscription Fees are non-refundable. In the event this Agreement is terminated for any reason prior to the expiry of the Subscription Term, KOHO shall have no obligation to refund any amounts to you. You authorize PADs in this manner each time you are required to pay the Subscription Fee for the Credit Building Bundle. If any payment date falls on a weekend or statutory holiday, such amount will be debited by KOHO on the next business day.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against the KOHO Account.

You may revoke this PAD authorization at any time upon providing 10 business days’ notice to KOHO. You may obtain a sample cancellation form, or more information on your right to cancel a PAD authorization at your financial institution or by visiting www.payments.ca.

If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to the Credit Building Bundle or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion with no liability to you. We reserve the right to demand repayment on any line of credit balance or outstanding Subscription Fees at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this authorization. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD authorization. For more information on recourse rights, contact your financial institution or visit www.payments.ca.

For any questions about this PAD authorization, contact KOHO through the KOHO app or at 1-855-564-6999.

7. Default

• You will be in default under this Agreement if you:

• a) fail to pay the Subscription Fee, your payment is returned to us or dishonoured, or if we believe for any reason that you that you will be unable to pay the Subscription Fee,

• b) cancel or revoke the PAD authorization without a replacement authorization;

• c) close your KOHO Account or are in default under your KOHO Cardholder Agreement,

• d) are in default under the Credit Building Line of Credit Terms and Conditions,

• e) have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement,

• f) commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party; or

• g) die.

If you are in default for any of the above reasons, we may, in our discretion:

• a) request that you repay any outstanding Subscription Fee immediately (subject to applicable law);

• b) suspend or terminate access to the Credit Building Bundle or any other services that KOHO may make available from time to time; and/or

• c) suspend or terminate your KOHO Account.

8. Termination

You may terminate this Agreement and our ability to withdraw funds by way of PAD at any time by withdrawing from the Credit Building Bundle within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate or suspend this Agreement and the Credit Building Bundle at any time for any reason. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

9. Limitation of Liability

By opting into the Credit Building Bundle, you agree that the use of the financial coaching service does not constitute financial or investment advice and should not be interpreted as such. The information received through the financial coach should be reviewed by an independent financial or investment professional. You are solely responsible for your own financial and investment research and decisions and KOHO will not be responsible for any loss or damage you may incur as a result of your use of the financial coaching service or any other service that KOHO may make available in the Credit Building Bundle.

You further agree that KOHO does not guarantee that your credit score will increase solely by accessing the Credit Building Bundle. Credit scores are generated by combining a number of factors and the Credit Building Bundle is one such input.

10. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy.

11. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria, the offerings within the Credit Building Bundle or any of the other terms and conditions relating to Credit Building Bundle. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you subscribe to a new Credit Building Bundle or use the Credit Building Bundle services after we have made a change to this Agreement, you will be considered to have agreed to the change.

12. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, Credit Building Bundle, or in respect of our provision of Credit Building Bundle or our suspension or termination of Credit Building Bundle.

This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

KOHO Credit Building Line of Credit Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the KOHO no-fee, no-interest line of credit (“KOHO Line of Credit”) extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”). By requesting KOHO Line of Credit through the KOHO App, you agree to these terms and conditions.

1. Definitions

In this Agreement, “KOHO Account” means your regular, Joint or Premium account or a combination thereof with KOHO to facilitate your spending/savings conducted via your KOHO Card (plastic, metal, Premium or Joint) supported by the KOHO App.

2. Eligibility

To access KOHO Line of Credit, your KOHO Account must be in good standing which means your KOHO Account must be active, you must have activated your physical card and you must have subscribed to the KOHO Credit Building Bundle. KOHO reserves the right to add additional eligibility criteria in its sole discretion. This program is not available to residents of Saskatchewan.

Failure to repay a KOHO Line of Credit will automatically make you ineligible for future KOHO Lines of Credit. KOHO will obtain your credit score to display to you within the KOHO app and will report to a credit bureau(s) in connection with KOHO Line of Credit. By signing up for the KOHO Line of Credit, you consent to KOHO obtaining your credit score solely for the purposes of this product and to reporting to a credit bureau(s).

3. Line of Credit

KOHO Line of Credit is a no-fee, no-interest Line of Credit. The terms of the KOHO Line of Credit are set out below:

To obtain information about your KOHO Account or your Line of Credit, please contact KOHO through the KOHO App or by calling customer service at 1-855-564-6999.

4. How it Works

If you meet the eligibility criteria above and you have opted-into KOHO Line of Credit through the KOHO App, you will immediately be granted an advance of $225 on your KOHO Line of Credit (this is the “Initial Advance”). The Initial Advance will be credited to your KOHO Account on your opt-in date based on the terms noted above.

After your Initial Advance, we recommend that you do not request any additional advances on your KOHO Line of Credit. This is because your credit score is more likely to improve if you continue to have credit available rather than maintaining a balance that is at or near your Credit Limit. If you require access to your full Credit Limit, the KOHO Credit Building Line of Credit may not meet your needs and we may recommend that you move to a different KOHO product.

After repaying your Initial Advance on the Payment Due Date, you will immediately be granted a new advance of $225 on your KOHO Line of Credit (“Subsequent Advances”). This process will repeat each month for the duration of the Subscription Term as described in the Credit Building Bundle Terms and Conditions and each subsequent Subscription Term thereafter, if applicable.

By agreeing to these terms and conditions, you hereby agree to receive Subsequent Advances in accordance with this agreement.

KOHO does not guarantee that your credit score will increase solely by accessing the KOHO Line of Credit. Credit scores are generated by combining a number of factors and the outstanding balance, available credit and payments made on your KOHO Line of Credit are examples of such inputs.

5. Repayment

By requesting a KOHO Line of Credit, you promise to repay us the Minimum Payment on each Payment Due Date. Repayment of your KOHO Line of Credit will be made by pre-authorized debit (PAD) to your KOHO Account on each Payment Due Date with the effective date of the PAD authorization being the date at which you opt into KOHO Line of Credit. If any payment date falls on a weekend or statutory holiday, such amount will be debited by KOHO on the next business day. This is a personal PAD. You are entitled to prepay the full outstanding balance of your KOHO Line of Credit at any time without any prepayment charge or penalty.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against the KOHO Account.

You may revoke this PAD authorization at any time upon providing 10 business days’ notice to KOHO. You may obtain a sample cancellation form, or more information on your right to cancel a PAD authorization at your financial institution or by visiting www.payments.ca.

If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to KOHO Line of Credit or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion. We reserve the right to demand repayment of any outstanding balance on your KOHO Line of Credit at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this authorization. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD authorization. For more information on recourse rights, contact your financial institution or visit www.payments.ca.

For any questions about this PAD authorization, contact KOHO through the KOHO app or at 1-855-564-6999.

6. Transaction Details

If you notice an item any errors and wish to dispute it, you must inform customer service via in-app chat or by calling 1-855-564-6999 within 90 days of the date that the item was first posted to your transaction feed. If you don’t notify us within that time period, then you agree that your transactions and balances are accurate and you will not be permitted to dispute them later. We may debit or make adjustments to your KOHO Account at any time for any amount that was credited in error.

7. Default

You will be in default under this Agreement if you:

• a) fail to make a Minimum Payment on the Payment Due Date, or if we believe for any reason that you that you will be unable to make a Minimum Payment or otherwise repay a KOHO Line of Credit,

• b) cancel or revoke the PAD authorization without a replacement authorization;

• c) close your KOHO Account or are in default under your KOHO Cardholder Agreement,

• d) are in default under the KOHO Credit Building Bundle Terms and Conditions;

• e) have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement,

• f) commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party, or

• g) die.

If you are in default for any of the above reasons, we may, in our discretion:

• a) request that you repay any outstanding Line of Credit balance immediately (subject to applicable law),

• b) suspend or terminate access to future KOHO Lines of Credit, and/or

• c) suspend or terminate your KOHO Account.

8. Termination

You may terminate this Agreement or the ability for us to withdraw your funds by way of PAD at any time by withdrawing from KOHO Line of Credit within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the KOHO Line of Credit program at any time. If this Agreement is terminated by you or by KOHO, you must immediately repay the amount of any outstanding KOHO Line of Credit Balance. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

9. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy.

10. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria or any of the other terms and conditions relating to KOHO Line of Credit. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you have an outstanding balance on your Line of Credit, if you request new funds from your KOHO Line of Credit or if you make a repayment after we have made a change to this Agreement, you will be considered to have agreed to the change.

11. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, KOHO Advance, or in respect of our provision of KOHO Advance or our suspension or termination of KOHO Advance.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

KOHO Credit Building Line of Credit Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the KOHO no-fee, no-interest line of credit (“KOHO Line of Credit”) extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”). By requesting KOHO Line of Credit through the KOHO App, you agree to these terms and conditions.

1. Definitions

In this Agreement, “KOHO Account” means your regular, Joint or Premium account or a combination thereof with KOHO to facilitate your spending/savings conducted via your KOHO Card (plastic, metal, Premium or Joint) supported by the KOHO App.

2. Eligibility

To access KOHO Line of Credit (a) your KOHO Account must be in good standing which means your KOHO Account must be active; (b) you must have activated your physical card and you must have subscribed to the KOHO Credit Building Bundle; and (c) the KOHO Credit Building Bundle Terms and Conditions applicable to you must be active. KOHO reserves the right to add additional eligibility criteria in its sole discretion.

Failure to repay a KOHO Line of Credit in accordance with this Agreement will automatically make you ineligible for any future KOHO Lines of Credit. KOHO will obtain your credit score to display to you within the KOHO App and will report to a credit bureau(s) in connection with the KOHO Line of Credit. By signing up for the KOHO Line of Credit, you consent to KOHO obtaining your credit score solely for the purposes of this product and to reporting to a credit bureau(s).

3. Line of Credit

The KOHO Line of Credit is a no-fee, no-interest Line of Credit. The terms of the KOHO Line of Credit are set out below:

To obtain information about your KOHO Account or your Line of Credit, please contact KOHO through the KOHO App or by calling customer service at 1-855-564-6999.

4. How it Works

If you meet the eligibility criteria set out herein and you have opted to receive a KOHO Line of Credit through the KOHO App, you will be issued a KOHO Line of Credit in the amount of $225. You are able to draw down on your KOHO Line of Credit directly from the KOHO App. If you draw down on your KOHO Line of Credit it may take up to three (3) days for funds to appear in your KOHO Account.

Non-payment of any outstanding balances owed will negatively impact your credit score.

KOHO does not guarantee that your credit score will increase solely by maintaining a KOHO Line of Credit. Credit scores are generated by combining a number of factors. Maintaining available credit , carrying a low balance on your KOHO Line of Credit and making payments to your KOHO Line of Credit are examples of such inputs.

5. Repayment

By requesting a KOHO Line of Credit, you promise and agree to repay to us the applicable Minimum Payment amount on each Payment Due Date. Repayment of your KOHO Line of Credit will be made by pre-authorized debit (“PAD”) from your KOHO Account on each Payment Due Date with the effective date of the PAD authorization being the effective date of this Agreement. This is a personal PAD. You are entitled to prepay the full outstanding balance of your KOHO Line of Credit at any time without any prepayment charge or penalty. If your KOHO Account does not hold sufficient funds to pay the Minimum Payment on the Payment Due Date, we may charge you the balance of your KOHO Account and collect the remainder of the amount owing from you.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against the KOHO Account.

You may revoke this PAD authorization at any time upon providing 10 business days’ notice to KOHO.  You may obtain a sample cancellation form, or more information on your right to cancel a PAD authorization at your financial institution or by visiting www.payments.ca.

If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to KOHO Line of Credit or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion. We reserve the right to demand repayment of any outstanding balance on your KOHO Line of Credit at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this authorization. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD authorization. For more information on recourse rights, contact your financial institution or visit www.payments.ca.

For any questions about this PAD authorization, contact KOHO through the KOHO app or at 1-855-564-6999.

6. Transaction Details

If you notice an item any errors and wish to dispute it, you must inform customer service via in-app chat or by calling 1-855-564-6999 within 90 days of the date that the item was first posted to your transaction feed. If you don’t notify us within that time period, then you agree that your transactions and balances are accurate and you will not be permitted to dispute them later. We may debit or make adjustments to your KOHO Account at any time for any amount that was credited in error.

7. Default

You will be in default under this Agreement if you:

1. fail to make a Minimum Payment on the Payment Due Date, or if we believe for any reason that you that you will be unable to make a Minimum Payment or otherwise repay a KOHO Line of Credit;

2. cancel or revoke the PAD authorization without a replacement authorization;

3. close your KOHO Account or are in default under your KOHO Cardholder Agreement;

4. are in default under the KOHO Credit Building Bundle Terms and Conditions;

5. have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement;

6. commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party; or

7. die.

If you are in default for any of the above reasons, we may, in our discretion:

1. require that you immediately repay the full outstanding balance (if any) of the KOHO Line of Credit;

2. suspend or terminate access to future KOHO Lines of Credit and other KOHO products and services; and/or

3. suspend or terminate your KOHO Account.

8. Termination

You may terminate this Agreement or the ability for us to withdraw your funds by way of PAD at any time by withdrawing from KOHO Line of Credit within the KOHO App or by calling customer service at 1-855-564-6999.

This Agreement shall terminate automatically upon termination or expiry of the KOHO Credit Building Bundle Terms and Conditions applicable to you. Please note that any termination of the KOHO Line of Credit does not relieve you of your obligations to pay the Subscription Fee under the KOHO Credit Building Bundle Terms and Conditions. We may terminate or suspend this Agreement and the KOHO Line of Credit at any time for any reason. Upon any termination, suspension or expiry of this Agreement and/or the KOHO Line of Credit, for any reason, you agree and are required to immediately repay to KOHO the full outstanding balance amount of the KOHO Line of Credit (if any). For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

9. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy.

10. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria or any of the other terms and conditions relating to KOHO Line of Credit. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you have an outstanding balance on your Line of Credit, if you request new funds from your KOHO Line of Credit or if you make a repayment after we have made a change to this Agreement, you will be considered to have agreed to the change.

11. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party. 

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, KOHO Line of Credit, or in respect of our provision of KOHO Line of Credit or our suspension or termination of KOHO Line of Credit.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

AODA: Integrated Accessibility Standards Regulation (IASR)

Employment, Information & Communications, Customer Service & Built Environment Policy

Intent

KOHO is committed to providing a barrier-free environment for all stakeholders, including KOHO Users, employees, job applicants, suppliers, and any visitors who enter the KOHO office, work for KOHO, access information provided by KOHO, or use the KOHO product.

KOHO will work to break down the barriers that prevent or limit persons with disabilities from employment, use of the KOHO product, the KOHO office, and information and communication through the implementation of accessibility standards.

Definitions

Accessible formats: Include but are not limited to large print, recorded audio and electronic formats, braille, and other formats usable by persons with disabilities.

Assistive device: A technical aid, communication device, or other instrument that is used to maintain or improve the functional abilities of people with disabilities.

Communication supports: Captioning, alternative and augmentative communication supports, plain language, sign language, and other supports that facilitate effective communications.

Conversion-ready: An electronic or digital format that facilitates conversion into an acceptable format.

Disability: The temporary, prolonged, or permanent reduction or absence of the ability to perform certain commonplace activities or roles sometimes referred to as activities of daily living.

Service animal: An animal that can be recognized by visual indicators such as a vest or harness that is being used by an individual with a disability for reasons relating to the person’s disability.

Support person: Another person who accompanies an individual with a disability in order to help with communication, mobility, personal care, medical needs, or access to goods and services.

Guidelines

General

Establishment of Accessibility Policies and Plans

KOHO will develop, implement, and maintain policies governing how it will achieve accessibility through these requirements.

KOHO will include a statement of its commitment to meeting the accessibility needs of persons with disabilities in a timely manner in its policies. These documents will be made publicly available in an accessible format upon request.

KOHO will establish, implement, maintain, and document a multi-year accessibility plan outlining its strategy to prevent and remove barriers and meet its requirements under the IASR. Accessibility plans will be made available in an accessible format upon request and will be posted on our website.

KOHO will review and update its accessibility plan once every five years and will establish, review, and update our accessibility plans in consultation with persons with disabilities or an advisory committee. Annual status reports will be prepared that will report on the progress of the steps taken to implement KOHO’s accessibility plan. This status report will be posted on our website. If requested, the report will be created in an accessible format.

Procuring or Acquiring Goods and Services, or Facilities

KOHO will incorporate accessibility criteria and features when procuring or acquiring goods, services, or facilities. The only exception is in cases where it is impracticable to do so.

Training Requirements

KOHO will provide training on the IASR accessibility requirements and Ontario’s Human Rights Code as they pertain to individuals with disabilities. This applies to all employees and volunteers, individuals who participate in developing KOHO policies, and all other persons who provide goods, services, or facilities on KOHO’s behalf. Training will be provided as soon as is reasonably practicable, but no later than June 30, 2021. Training will be provided regularly to new employees and as changes to KOHO’s accessibility policies occur.

Records

KOHO will maintain records on the training provided, when it was provided, and the number of employees who were trained.

Employment

KOHO will make every effort to identify, remove, and prevent barriers by developing inclusive employment procedures that support persons with disabilities with accommodations during the recruitment and selection stages, and throughout the employment life cycle.

Recruitment and Hiring

KOHO understands that improving workplace accessibility and ensuring an accessible recruitment and selection process for applicants with disabilities can expand the pool of talented candidates. Upon request, KOHO will provide candidates with reasonable accommodations during the interview and selection process. Where an accommodation is requested, KOHO will consult with the applicant to arrange suitable accommodations, such as providing the application in an alternate or accessible format.

KOHO interview process will focus on experience and skills and will not discriminate against candidates who have a disability or require an accommodation. KOHO is committed to hiring decisions that are unbiased and based on qualifications and past experience. Successful candidates will be made aware of policies and supports for accommodations upon completion of the recruitment process.

Training and Development

KOHO recognizes that skills development and career planning can enrich the employment experience, increase engagement, and reduce turnover for individuals with disabilities. KOHO will align training and development programs to meet the needs of employees with disabilities and provide training as soon as reasonably practicable upon the person being assigned to applicable duties. Training programs will be designed with flexibility to allow customization for the individual requirements of the employee, such as providing training materials in accessible or conversion-ready formats that take into account the needs of the employee. KOHO will consider employee barriers when implementing performance management processes, or when offering career development, employment support, or advancement opportunities.

Communication

KOHO will provide or arrange for accessible formats and communication supports for employees, upon request. KOHO will consult with the employee to determine the specific barrier and the best way to provide support. Such accessible formats and communication supports are conversion-ready and will be provided in a timely manner and at no additional cost to employees.

When communicating with or providing information to an employee who requires accommodation or assistance due to a disability, KOHO will ensure that all communication with the individual is completed in a manner that takes into account the individual’s disability. Where an assistive device is used, KOHO will reasonably accommodate the use of the device.

Emergency Response

If necessary or if requested, KOHO will create individualized workplace emergency response plans for employees with disabilities. The emergency response plan will consider the unique challenges created by the individual’s disability and the physical nature of the workplace and will be created in consultation with the employee. If an employee with a disability requires assistance from a support person during an emergency, KOHO will designate a fellow employee to act as such.

Customized emergency response plans will be reviewed when:

• The employee moves to a different physical location in the organization;

• The employee’s overall accommodation needs, or plans are reviewed; or

• KOHO reviews general emergency response policies.

Accommodation

The duty to accommodate is required of all employers, in all jurisdictions in Canada, and encompasses providing respect and dignity, individualized accommodation, integration and participation, and barrier-free designs. KOHO will provide individual accommodations to support the needs of employees with disabilities. Personalized accommodation plans will be designed to allow employees to contribute and participate in job related functions and activities to the best of their abilities. The process of accommodating individuals will take a consultative approach and is a shared obligation of KOHO, the employee, and any applicable professionals required to assist the employee throughout the process.

Return to Work

KOHO is committed to a supportive return-to-work program and will develop and implement return-to-work processes for employees who are absent from work due to a disability and require accommodations in order to return to work. KOHO will work with the employee to develop an individualized return-to-work plan and support the employee in the transition period by addressing any barriers. The return-to-work process will outline the steps KOHO will take to facilitate the employee’s return to work and use documented individual accommodation plans.

Redeployment

If an employee cannot be accommodated in their current position, even with accommodations to either the job processes or hours, KOHO will consider redeployment by placing the employee in an alternative position within KOHO. The People & Culture team will work with the employee to determine whether there is another available position. If the accommodation requires a substantial change in the position, involving duties or hours, the position may be redesigned.

Inability to Accommodate

KOHO will provide workplace accommodation up to the point of undue hardship. Undue hardship may occur where it is established that no forms of appropriate accommodation exist, or where the creation of accommodation would create a health and safety hazard or cause unreasonable costs for the organization.

Where a necessary accommodation is found to cause undue hardship on the organization, KOHO will work to find a fair and equitable compromise that meets the needs of the employee and the organization to the greatest extent possible.

Information & Communication

Accessible Formats and Communication Supports

Unless deemed unconvertible, KOHO will provide or arrange for the provision of accessible formats and communication supports for persons with disabilities upon request. Accessible formats and communication supports will be provided in a timely manner and at no additional cost to the individual.

KOHO will account for the person’s accessibility needs when customizing individual requests and will consult with the individual making the request to ensure suitability.

KOHO will make the availability of accessible formats and communication supports publicly known.

Emergency Procedures, Plans or Public Safety Information

KOHO will ensure that all publicly available safety and emergency information, such as evacuation procedures and floor plans of the KOHO office, are provided in an accessible format or with appropriate communication supports upon request.

Accessible Websites and Web Content

KOHO will ensure that our website and web content conform to the Web Content Accessibility Guidelines (WCAG) as outlined in the IASR, and will refer to the legislation for specific compliance deadlines and requirements.

Training Resources and Materials

Upon request, KOHO will provide or arrange for the provision of the following information in an accessible format to past, current, and potential employees with disabilities:

• Training resources and materials;*

• Program information, such as course requirements, descriptions, and availability.

Accessible formats will account for the needs of the individual to whom the material is being provided.

*Training resources and materials may be provided in an accessible or conversion-ready format.

Training for Coaches & Facilitators

In addition to the general training requirements, KOHO will provide all coaches and facilitators with accessibility awareness training.

Records

KOHO will maintain a record of all training provided. Training will include the dates when training was provided and the number of people who were trained.

Producers of Educational or Training Materials

KOHO will create and make available accessible or conversion-ready materials, including textbooks and print-based supplementary learning resources upon request.

Exceptions

The Information and Communications Standards do not apply to:

• Products and product labels;

• Unconvertible information or communications; or

• Information that the organization does not control either directly or indirectly through a contractual relationship.

Unconvertible Information or Communications

If it is determined in consultation with the requesting party that information or communications are unconvertible, KOHO will ensure that the individual who made the request is provided with an explanation and a summary of the information.

KOHO will classify information or communications as unconvertible where:

• It is not technically practicable to convert; or

• The technology required to make the conversion is not readily available.

Customer Service

Access to Product & App

KOHO will seek to provide barrier-free access to the KOHO product and app for all users. Accessibility requirements will be assessed and incorporated as the product and app continues to be built. Where barriers cannot be removed, alternate means for accessing the product will be provided to the best of KOHO’s ability.

Communication

KOHO understands the importance of accessible digital and non-digital forms of communication and will do its best to provide accessible types of communication and information to all individuals with disabilities. Such accessible formats and communication supports will be provided upon request, in a timely manner and at no additional cost.

Service Disruptions

Service disruptions may occur for reasons that may or may not be within the control or knowledge of KOHO. In the event of any temporary disruptions to services that users with disabilities rely on to access or use the KOHO product and services, reasonable efforts will be made to provide advance notice.

When disruptions occur, KOHO will:

• Update the KOHO app with information about the disruption;

• Contact users by any other method that may be reasonable under the circumstances.

KOHO will make every reasonable effort to indicate when services will resume and suggest alternatives that can be utilized during the disruption. In some circumstances, such as in the situation of unplanned temporary disruptions or emergencies, advance notice may not be possible.

User Feedback

User feedback can lead to improved service, increased clientele, and a reduction in complaints. KOHO will ensure that feedback can be provided by users with disabilities through a variety of mechanisms, such as by phone, e-mail, or social media. Feedback forms, along with alternate methods of providing feedback verbally (by telephone) or written (mail, website, or e-mail), will be available upon request.

Customers who provide formal feedback will receive acknowledgement of their feedback, along with any resulting actions based on concerns or complaints that were submitted.

Building Accessibility

KOHO will work to ensure that the KOHO Office, including building interior and exterior, are designed to facilitate barrier-free access to goods or services for employees. If areas of the built environment are not accessible for certain individuals with disabilities, KOHO will work with the individual to provide an alternate means of access.

Multi-Year Accessibility Plan for Integrated Accessibility Standards Regulation

Intent

This 2021 to 2022 accessibility plan outlines the policies and actions that KOHO will put in place to improve opportunities for people with disabilities in accordance with the requirements communicated under the Integrated Accessibility Standards, Ontario Regulation 191/11.

Statement of Commitment

KOHO believes in equal opportunity and is committed to providing a barrier-free environment that allows all people to maintain their independence and dignity. This barrier-free environment extends to our employees, users, job applicants, and any visitors who may enter our virtual or physical office space. As an organization, we respect and uphold the requirements set forth under the Accessibility for Ontarians with Disabilities Act (2005) and its associated Regulations and strive to meet the needs of individuals with disabilities in a timely and effective manner.

KOHO understands that we have a responsibility for ensuring a safe, dignified, and welcoming environment for everyone. We are committed to ensuring our organization’s compliance by incorporating accessibility legislation into our policies, procedures, equipment requirements, training, and best practices. We will review these policies and practices annually, as organizational changes occur, or in anticipation of compliance deadlines. In addition, we will strive to meet the needs of individuals with disabilities in a timely and effective manner.

Providing an accessible and barrier-free environment is a shared effort, and we are committed as an organization to working with the necessary parties to make accessibility for all a reality.

If you encounter web content that you are unable to access due to a web accessibility issue, please email accessibility@koho.ca.

Plan

KOHO Instant Pay Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the KOHO Instant Pay no-fee, no-interest line of credit facility (“KOHO Instant Pay”) extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”). By requesting KOHO Instant Pay through KOHO, you agree to these terms and conditions.

1. Definitions:

In this Agreement, the following terms have the following meanings:

• “KOHO Account” means your regular, Joint or Premium account or a combination thereof with KOHO to facilitate your spending/savings conducted via your KOHO Card (plastic, metal, Premium or Joint) supported by the KOHO application.

• “Payroll Direct Load” means a form of load where you enter into a direct deposit arrangement with your employer so that your payroll is automatically paid in a manner that permits it to be loaded into your KOHO Account.

• “KOHO App” means the KOHO application downloaded from the App Store or Google Play Store, as well as any affiliated web interface(s) made available to sign-up for KOHO and access KOHO Instant Pay.

2. Eligibility:

To access KOHO Instant Pay, you must be in good standing with KOHO which means:

• you must sign-up for a KOHO Account;

• your KOHO Account must be active; and

• you must have Payroll Direct Load set up on your KOHO Account, evidenced by having had at least one Payroll Direct Load into your KOHO Account or you must link an existing bank account to your KOHO account.

Failure to repay any payment due on your KOHO Instant Pay will automatically make you ineligible for future participation in the KOHO Instant Pay program.

KOHO will not obtain your credit score or credit report or report to any credit bureau in connection with signing up for a KOHO Account or KOHO Instant Pay without your consent.

By signing up for KOHO Instant Pay, you consent to KOHO collecting and using information from your payroll provider, employer or other related organization for the limited purpose of offering this program. If your payroll provider, employer or other related organization is unable to disclose your information to us, you may be unable to participate in the KOHO Instant Pay program.

3. Line of Credit:

KOHO Instant Pay is a no-fee, no-interest line of credit:

To obtain information about your account or your Line of Credit, please contact KOHO through the KOHO App or by calling customer service at 1-855-564-6999.

4. How it Works

If you meet the eligibility criteria above and you have opted-in to KOHO Instant Pay through the KOHO App, you can request an advance on your KOHO Instant Pay line of credit at any time (an “Instant Pay Advance”) up to your KOHO Instant Pay credit limit. Each Instant Pay Advance request may be for a set amount based on your current gross earned wages (your "Earnings"), as follows:

• up to 50% of Earnings if you have Payroll Direct Load set up. For example, if you have $100 in Earnings, you can request an Instant Pay Advance of up to $50 to be immediately credited into your KOHO Account.

• up to 30% of Earnings if you’ve linked an existing bank account. For example, if you have $100 in Earnings, you can request an Instant Pay Advance of up to $30 to be immediately credited into your KOHO Account.

At your request, and for immediate access, we will transfer your Instant Pay Advance to another Canadian bank account for a $3.50 service fee or to your KOHO account for a $2 service fee. Alternatively, you can still have access to your Instant Pay Advance for free on the next business day. We may change the amount of the fee as KOHO Instant Pay develops. We will provide you with notice of any changes in fees, in accordance with the notice section of these Terms.

Your Earnings information and KOHO Instant Pay credit limit will be displayed in the KOHO App. KOHO receives the Earnings information directly from your employer or a related party, who is solely responsible for its accuracy and the timeliness of transmission for the purposes of enabling your access.

5. Repayment

By requesting an Instant Pay Advance, you promise to repay us the Minimum Payment on each Payment Due Date or an earlier date should you wish to do so. Repayment of each of your Instant Pay Advances will be made by pre-authorized debit (PAD) to your KOHO Account or, if there are insufficient funds in your KOHO Account to repay the Minimum Payment of an Instant Pay Advance on a given Payment Due Date, by PAD to your linked existing bank account, in either case with the effective date of the PAD authorization being the date at which you opt into KOHO Instant Pay. This is a personal PAD. You are entitled to prepay the full outstanding balance of your KOHO Instant Pay Advance at any time without any prepayment charge or penalty.

You authorize KOHO to debit the account provided by you for all amounts owed to us from time to time under the KOHO Instant Pay Terms and Conditions, and Cardholder Agreement.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against the KOHO Account.

You may revoke this PAD authorization at any time upon providing 10 business days’ notice to KOHO. You may obtain a sample cancellation form, or more information on your right to cancel a PAD authorization at your financial institution or by visiting www.payments.ca.

If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to KOHO Instant Pay or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion. We reserve the right to demand repayment of any KOHO Instant Pay Advance at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. To more information on recourse rights, contact your financial institution or visit www.payments.ca.

For any questions about this PAD authorization, contact KOHO through the KOHO App or at 1-855-564-6999.

6. Transaction Details

Any Instant Pay Advance that you request and the details of your repayments will be reflected in the KOHO App. If you notice an item in error and wish to dispute it, you must inform customer service via in-app chat or by calling 1-855-564-6999 within 90 days of the date that the item was first posted to the KOHO App. If you don’t notify us within that time period, then you agree that your transactions and balances are accurate and you will not be permitted to dispute them later. We may debit or make adjustments to your KOHO Account at any time for any amount that was credited in error.

7. Communications and Notifications

KOHO will communicate with you by way of the KOHO App, e.g., once your earned funds are available for withdrawal. In addition to this method of communication, KOHO may contact you and provide notices via email. When we use email, we will send you electronic correspondence, including notifications, to the email address you provide to us through the KOHO App on sign-up. It is your responsibility to keep your email address up to date. You understand that if you do not keep your email address up to date, we may not be able to complete the sign-up process or otherwise contact you.

8. Default

You will be in default under this Agreement if you:

• fail to repay a Minimum Payment on a Payment Due Date, or if we believe for any reason that you that you will be unable to make a Minimum Payment or otherwise repay an Instant Pay Advance;

• cancel or revoke the PAD authorization without a replacement authorization;

• close your KOHO Account or are in default under your KOHO Cardholder Agreement;

• have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement;

• commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party; or

• die.

If you are in default for any of the above reasons, we may, in our discretion:

• request that you repay any outstanding Instant Pay Advance immediately;

• suspend or terminate access to future Instant Pay Advances; and/or

• suspend or terminate your KOHO Account.

9. Termination

You may terminate this Agreement or the ability for us to withdraw your funds by way of PAD at any time by withdrawing from KOHO Instant Pay within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the KOHO Instant Pay program at any time. If this Agreement is terminated by you or by KOHO, you must immediately repay the amount of any outstanding KOHO Instant Pay. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

10. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy. You can find a copy of KOHO Privacy Policy at: https://www.koho.ca/legal#PrivacyPolicy

11. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria or any of the other terms and conditions relating to KOHO Instant Pay. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you have an outstanding Instant Pay Advance, if you request a new Instant Pay Advance or if you make a repayment after we have made a change to this Agreement, you will be considered to have agreed to the change.

12. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party without notice to you.

You hereby expressly waive any and all rights of set-off that you have, may have, or be entitled to, in law, in equity, or otherwise, relating to, or deriving from:

• this Agreement, the KOHO Instant Pay, any financing agreement, related agreement or document or of any applicable laws; and

• any loan or other indebtedness that may now or in the future be owing or deemed to by owing to you to KOHO or its successors and assigns.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, KOHO Instant Pay, or in respect of our provision of KOHO Instant Pay or our suspension or termination of KOHO Instant Pay.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

KOHO Instant Pay is a service exclusively offered by KOHO and not by Peoples Trust Company.

Effective Date: August 25th, 2021

KOHO Cover Bundle Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the services extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”) from time to time (the “Cover Bundle”) as set out in more detail below. By subscribing to the Cover Bundle through the KOHO App, you agree to these terms and conditions.

1. Definitions

In this Agreement, “KOHO Account” means your regular, Joint or Premium account or a combination thereof with KOHO to facilitate your spending/savings conducted via your KOHO Card (plastic, metal, Premium or Joint) supported by the KOHO App.

2. Eligibility

To access the Cover Bundle, your KOHO Account must be in good standing which means your KOHO Account must be active and you must have activated your physical card. KOHO reserves the right to add additional eligibility criteria in its sole discretion. Failure to repay any Subscription Fee or any other amount that was owed to KOHO will automatically make you ineligible for future access to Cover Protection. This program is not available for residents of Saskatchewan.

3. Cover Bundle

The Cover Bundle is a subscription service that provides access to a collection of KOHO products and services in exchange for the monthly fee disclosed in the signup process in your KOHO App (“Subscription Fee”). The term of the Cover Bundle is one (1) month (“Subscription Term”) and includes:

• Unlimited access to our in-house financial coach;

• Ability to opt in to Cover Protection;

On the expiration of the Subscription Term, the Subscription Term will automatically renew for a further thirty (30) days unless you have canceled your subscription in the KOHO App, you have missed a Subscription Fee payment, you are otherwise in default (as described below) or this Agreement has been terminated (a “Termination Event”).

4. How it Works

If you meet the eligibility criteria above and you have opted-into the Cover Bundle through the KOHO App, you will have access to the above-noted bundle of services. When you subscribe to the Cover Bundle, we will automatically deduct the Subscription Fee from your KOHO Account by way of pre-authorized debit (PAD) as set out in the following section. Please refer to the terms and conditions for KOHO Cover Protection for more details on the credit extended to you.

5. Payment

Payment of the Subscription Fee will be made by PAD to your KOHO Account with the effective date of the PAD authorization being the date at which you opt into the Cover Bundle. This is a personal PAD. You authorize KOHO to debit your KOHO Account monthly for the Subscription Fee, beginning on the date on which you opted into the Cover Bundle, continuing until a Termination Event.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against your KOHO Account.

You may revoke this PAD authorization at any time upon providing 10 business days’ notice to KOHO. You may obtain a sample cancellation form, or more information on your right to cancel a PAD authorization at your financial institution or by visiting www.payments.ca.

If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to the Cover Bundle or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion. We reserve the right to demand repayment on any line of credit balance or outstanding Subscription Fees at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this authorization. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD authorization. For more information on recourse rights, contact your financial institution or visit www.payments.ca.

For any questions about this PAD authorization, contact KOHO through the KOHO app or at 1-855-564-6999.

6. Default

You will be in default under this Agreement if you:

• a) fail to pay the Subscription Fee, your payment is returned to us or dishonoured, or if we believe for any reason that you will be unable to pay the Subscription Fee,

• b) cancel or revoke the PAD authorization without a replacement authorization;

• c) close your KOHO Account or are in default under your KOHO Cardholder Agreement,

• d) are in default under the KOHO Cover Protection Terms and Conditions,

• e) have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement,

• f) commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party; or

• g) die.

If you are in default for any of the above reasons, we may, in our discretion:

• a) request that you repay any outstanding Subscription Fee immediately (subject to applicable law);

• b) suspend or terminate access to the Cover Bundle or any other services that KOHO may make available from time to time; and/or

• c) suspend or terminate your KOHO Account without notice.

7. Termination

You may terminate this Agreement and our ability to withdraw funds by way of PAD at any time by withdrawing from the Cover Bundle within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the Cover Bundle program at any time. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

8. Limitation of Liability

By opting into the Cover Bundle, you agree that the use of the financial coaching service does not constitute financial or investment advice and should not be interpreted as such. The information received through the financial coach should be reviewed by an independent financial or investment professional. You are solely responsible for your own financial and investment research and decisions and KOHO will not be responsible for any loss or damage you may incur as a result of your use of the financial coaching service or any other service that KOHO may make available in the Cover Bundle.

9. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy.

10. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria, the offerings within the Cover Bundle or any of the other terms and conditions relating to Cover Bundle. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you do not cancel your subscription to the Cover Bundle or if you use the Cover Bundle services after we have made a change to this Agreement, you will be considered to have agreed to the change.

11. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, Cover Bundle, or in respect of our provision of Cover Bundle or our suspension or termination of Cover Bundle.

This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

KOHO Cover Protection Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the KOHO Cover Protection service (“Cover Protection”) which is an open credit facility extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”) for use with your KOHO Account. By requesting access to Cover Protection through the KOHO App, you agree to these terms and conditions.

1. Definitions

In this Agreement, “KOHO Account” means your regular, Joint or Premium account or a combination thereof with KOHO to facilitate your spending/savings conducted via your KOHO Card (plastic, metal, Premium or Joint) supported by the KOHO App.

“KOHO App” means the KOHO application downloaded from the App Store or Google Play Store, as well as any affiliated web interface(s) made available to sign-up for KOHO and access Cover Protection.

2. Eligibility

To access Cover Protection, you must have an active KOHO Account and you must have subscribed to the Cover Bundle. KOHO reserves the right to add additional eligibility criteria in its sole discretion.

Failure to repay any Cover Advance will automatically make you ineligible for future access to Cover Protection. KOHO may obtain your credit score or credit report and may report to a credit bureau(s) in connection with providing Cover Protection.

3. How it works

If you meet the eligibility criteria above and you have opted in to Cover Protection through the KOHO App, you will be issued a line of credit in the amount shown in the KOHO App (a “Cover Advance”).

You may cancel your enrolment in Cover Protection at any time through the KOHO App. Upon cancellation, no further Cover Advances will be extended and any outstanding Cover Advance(s) will be due on the next Payment Due Date.

4. Cost of Credit

There are no fees and no interest payable on any Cover Advance:

To obtain information about your account or Cover Protection, please contact KOHO through the KOHO App or by calling customer service at 1-855-564-6999.

5. Repayment

By enrolling in Cover Protection, you promise to repay us the Minimum Payment on each Payment Due Date or an earlier date should you wish to do so.

Payment of the Minimum Payment on each Payment Due Date will be made by pre-authorized debit (PAD) to your KOHO Account with the effective date of the PAD authorization being the date at which you enrol in Cover Protection. If any payment date falls on a weekend or statutory holiday, such amount will be debited by KOHO on the next business day. This is a personal PAD. You are entitled to prepay the full outstanding balance of your outstanding Cover Advance(s) at any time without any prepayment charge or penalty. If your KOHO Account does not hold sufficient funds to pay the Minimum Payment on the Payment Due Date, we may charge you the balance of your KOHO Account and collect the remainder of the amount owing from you.

If you do not have sufficient funds in your KOHO Account to pay the Minimum Payment on a Payment Due Date, in addition to our rights set out in Section 8, the next time you load funds into your KOHO Account, you authorize us to deduct the Minimum Payment from those funds and your KOHO Account balance will be reduced accordingly.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against the KOHO Account.

You may revoke this PAD authorization at any time upon providing 10 business days’ notice to KOHO. You may obtain a sample cancellation form, or more information on your right to cancel a PAD authorization at your financial institution or by visiting www.payments.ca.

If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to Cover Protection or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion. We reserve the right to demand repayment of any Cover Advance at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. To more information on recourse rights, contact your financial institution or visit www.payments.ca.

For any questions about this PAD authorization, contact KOHO through the KOHO App or at 1-855-564-6999.

6. Transaction Details

Any Cover Advance that is extended on your KOHO Account, and the details of your repayments, will be reflected in the KOHO App. If you notice an item in error and wish to dispute it, you must inform customer service via in-app chat or by calling 1-855-564-6999 within 90 days of the date that the item was first posted to the KOHO App. If you don’t notify us within that time period, then you agree that your transactions and balances are accurate and you will not be permitted to dispute them later. We may debit or make adjustments to your KOHO Account at any time for any amount that was credited in error.

7. Communications and Notifications

KOHO will communicate with you by way of the KOHO App, e.g., if we have extended an Cover Advance to you. In addition to this method of communication, KOHO may contact you and provide notices via email. When we use email, we will send you electronic correspondence, including notifications, to the email address you provide to us through the KOHO App on sign-up. It is your responsibility to keep your email address up to date. You understand that if you do not keep your email address up to date, we may not be able to complete the sign-up process or otherwise contact you.

8. Default

You will be in default under this Agreement if you:

1. fail to repay a Minimum Payment on a Payment Due Date, or if we believe for any reason that you will be unable to make a Minimum Payment or otherwise repay an Cover Advance;

2. cancel or revoke the PAD authorization without a replacement authorization;

3. close your KOHO Account or are in default under your KOHO Cardholder Agreement;

4. have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement;

5. commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party; or

6. die.

If you are in default for any of the above reasons, we may, in our discretion:

1. request that you repay any outstanding Cover Advance immediately;

2. suspend or terminate access to future Cover Advances; and/or

3. suspend or terminate your KOHO Account.

9. Termination

You may terminate this Agreement or the ability for us to withdraw your funds by way of PAD at any time by withdrawing from Cover Protection within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the Cover Protection program at any time. If this Agreement is terminated by you or by KOHO, you must immediately repay the amount of any outstanding Cover Advance. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

10. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy. You can find a copy of KOHO Privacy Policy at: https://www.koho.ca/legal#PrivacyPolicy

11. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria or any of the other terms and conditions relating to Cover Protection. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you have an outstanding Cover Advance, if you request a new Cover Advance or if you make a repayment after we have made a change to this Agreement, you will be considered to have agreed to the change.

12. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party without notice to you.

You hereby expressly waive any and all rights of set-off that you have, may have, or be entitled to, in law, in equity, or otherwise, relating to, or deriving from:

a. this Agreement, the Cover Protection service, any financing agreement, related agreement or document or of any applicable laws; and

b. any loan or other indebtedness that may now or in the future be owing or deemed to by owing to you to KOHO or its successors and assigns.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, Cover Protection, or in respect of our provision of Cover Protection or our suspension or termination of Cover Protection.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

Cover Protection is a service exclusively offered by KOHO and not by Peoples Trust Company.

Effective Date: 03/2022

Premium Plus Card Benefits Terms and Conditions

By requesting access to Premium Plus Card Benefits, you are agreeing to: (i) these Premium Plus Card Benefits terms and conditions; (ii) the KOHO Privacy Policy; (iii) the CardHolder Agreement – Visa, and all of these together are your “Agreement” with us.

If you hold a KOHO Card and have received a communication from KOHO inviting you to register for Premium Plus Card Benefits, you are eligible to opt in to “Premium Plus Card Benefits” to access additional rewards, features and offers, by opting in through your app or email. You will be charged the subscription fee disclosed in the signup process every thirty days for your continued receipt of the Premium Plus Card Benefits (the “Premium Plus Subscription Fee”).

Enrolling in the Premium Plus Card Benefits will replace your subscription to KOHO Premium. While enrolled, you will receive both the Premium Benefits and the Premium Plus Benefits. If you earn bonus interest as a result of your subscription to Premium Plus Card Benefits in excess of the interest earned as a result of your subscription to another KOHO product, such interest will be earned only on the first $1,000 of funds loaded onto the Card.

Payment of the Premium Plus Subscription Fee will be made by pre-authorized debit (“PAD”) to your KOHO Account with the effective date of the PAD authorization being the date at which you opt in to the Premium Plus Card Benefits. This is a personal PAD. If you cancel or revoke our ability to withdraw funds by PAD for these purposes, you will not have access to the Premium Plus Card Benefits until you provide a new authorization or another payment method that is acceptable to us, in our sole discretion. You authorize KOHO to debit your KOHO Account monthly for the Premium Plus Subscription Fee, beginning on the date on which you opted into the Premium Plus Card Benefits.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against your KOHO Account.

You have certain recourse rights if any PAD does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. For more information on recourse rights, contact your financial institution or visit www.payments.ca.

If you wish to cancel your Premium Plus Card Benefits, you may do so at any time by selecting “Cancel KOHO Premium Plus Subscription” within the Manage KOHO Premium Plus section from within the KOHO App or by contacting KOHO customer service. You will no longer be charged a Premium Plus Subscription Fee once KOHO has received your request to cancel and you will lose access to the Premium Plus Card Benefits.

In addition to our rights set out in the Cardholder Agreement, in the case of an insufficient Card balance to cover your Premium Plus Subscription Fee on your monthly billing date, your Premium Plus Card Benefits will cease immediately and the provisions of the Cardholder Agreement regarding KOHO Cards, including fees and limits, will apply from the monthly billing date on which your Card balance was insufficient.

You may terminate this Agreement and our ability to withdraw funds by way of PAD at any time by withdrawing from the Premium Plus Card Benefits within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the Premium Plus Card Benefits program at any time. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria or any of the other terms and conditions relating to Premium Plus Card Benefits. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes.

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, Premium Plus Card Benefits, or in respect of our provision of Premium Plus Card Benefits or our suspension or termination of Premium Plus Card Benefits.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

Subscription Plans Terms and Conditions:

By requesting access to Subscription Plans, you are agreeing to: (i) these Tiers terms and conditions; (ii) the KOHO Privacy Policy; (iii) the CardHolder Agreement – Visa, and all of these together are your “Agreement” with us.

If you hold a KOHO Card you are eligible to opt into different tiers of card benefits to access additional rewards, features and offers, by opting in through your KOHO Account (a “Subscription Plan”). There are multiple levels of Subscription Plans, each of which offers different perks and benefits, and requires a different subscription fee. You will be charged the monthly subscription fee disclosed in the signup process (the “Plan Subscription Fee”).

For example, if you opt into a Subscription Plan on March 15, your first Plan Subscription Fee will be charged on that date, and on the 15th of each month thereafter, by deducting the fee from your Card balance. If you wish to change your Subscription Plan, you may do so at any time by selecting the relevant option within the KOHO App or by contacting KOHO customer service. You will be charged the Plan Subscription Fee for the relevant Subscription Plan on the next billing date after KOHO has received your request to change.

Enrolling in a higher tier of Subscription Plan will replace your subscription to KOHO Premium. Benefits in different Subscription Plans will be replaced and are not additive. For example, if you receive a 1% cash back reward from a Subscription Plan, and upgrade to a Subscription Plan with a cash back reward, the higher rate will replace the lower rate, rather than stacking.

Payment of the Plan Subscription Fee will be made by pre-authorized debit (“PAD”) to your KOHO Account with the effective date of the PAD authorization being the date at which you opt into a paid Subscription Plan. This is a personal PAD. If you cancel or revoke our ability to withdraw funds by PAD for these purposes, you will not have access to the paid Subscription Plans until you provide a new authorization or another payment method that is acceptable to us, in our sole discretion. You authorize KOHO to debit your KOHO Account monthly for the Plan Subscription Fee, beginning on the date on which you opted into a paid Subscription Plan.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against your KOHO Account.

You have certain recourse rights if any PAD does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. For more information on recourse rights, contact your financial institution or visit www.payments.ca.

In addition to our rights set out in the Cardholder Agreement, in the case of an insufficient Card balance to cover your Plan Subscription Fee on your monthly billing date, your Subscription Plan will cease immediately.

If you wish to reactivate a higher tier of Subscription Plan, you will have to manually toggle the desired Subscription Plan from within the KOHO App. You will be permitted to activate a higher tier of Subscription Plan only if you have a minimum Card balance equal to the relevant Plan Subscription Fee.

You may terminate this Agreement and our ability to withdraw funds by way of PAD at any time by withdrawing from the paid Subscription Plan within the KOHO App. We may terminate this Agreement or the Subscription Plan program at any time. For any other questions about this Agreement, contact KOHO.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria or any of the other terms and conditions relating to Subscription Plans. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes.

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, Subscription Plans, or in respect of our provision of Subscription Plans or our suspension or termination of Subscription Plans.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.