This Electronic Consent Agreement (“Agreement”) contains important information about receiving notices and documents electronically. Please read it carefully and retain this Agreement for your records.

In this Agreement, “we,” “us,” and “our” refer to: (1) Emprise Bank, the  issuer of Splitit Splitit Card, (2) Highnote Platform Inc., the servicer of Splitit Splitit Card, and (3) any of their affiliates, successors, agents or service providers. The words “you” and “your” mean each account holder (including a legal entity account holder through its authorized representative), product owner or service user identified on an account, product or service, as well as any authorized representatives, personal representatives, executors, administrators and successors.

We are required or allowed to provide you with certain disclosures, agreements, notices, documents and information (“Communications”) in connection with our services and your accounts with us. Under the ESIGN Act and related state laws, with your consent, we can provide Communications to you electronically (which have the same meaning and effect as if we provided you Communications in paper form) and use electronic records and signatures in our relationship with you.

We provide our services, including Splitit Card application processing, through the internet, which means we need you to consent to receive all Communications from us and indicate your consent to any Communications concerning any accounts, products or services we offer or provide you, electronically. If you are unable or unwilling to receive Communications electronically or do not want to use electronic signatures in connection with your relationship or transactions with us, you should not agree to the terms of this Agreement. If you do not consent to receive Communications electronically or do not consent to the use of electronic signatures in connection with your relationship or transactions with us, we will not be able to proceed with the acceptance and processing of your application, transaction or online account services.

This Agreement applies to all of your accounts, products, and services with us accessible now or in the future, through website or any of its subdomains, or other electronic means.  By providing your consent under this Agreement, you agree that we may provide you with Communications solely in electronic form that include but are not limited to: 

• This Agreement and any updates to it;
• All legally required disclosures, notices, agreements, privacy policies, statements, records, documents, and any other information that we provide to you;
• All communications we provide to you through our websites or other electronic means; and
• Certain information or forms that we request from you and ask you to submit electronically.

You consent to use electronic signatures and to electronically receive all Communications that we may otherwise be required to send or provide you in paper form (for example, by mail). Your consent applies to all your dealings with us and is not specific to any inquiry, application or transaction. By accepting and agreeing to this Agreement, you represent:

• You have read and understand this Agreement to use electronic signatures and to receive Communications electronically;
• You have access to equipment through which you can access our websites or other electronic services and which you can use to print, save, or retain documents as specified in the “Hardware or Software Requirements for Accessing Your Communications” described below; and
• Your consent will remain in effect until you withdraw your consent as specified below. Your consent will also apply to any other person named on your account, product or service, subject to applicable law.

 We may electronically deliver Communications to you by any of the following means:

• Splitit’s website at splitit.com (the “Website”)
• Splitit’s mobile application (the “App”)
• Email to the address associated with your account
• Text or SMS messages
• In the manner specified in any other agreement we have with you.

We may establish security procedures you will have to follow to access the Communications. If you request a new account, product, or service with us, we may remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship or dealings with us. Oral communication shall not qualify as an electronic record.

If we close your account or otherwise terminate your use of a product or service, you may lose access to our websites or applications, including any Communications we have provided in electronic form. 

We may always, in our sole discretion, provide you with any Communications on paper, even if you have authorized electronic delivery (for example, if we have a system outage or suspect fraud). Sometimes the law, or our agreement with you, requires you to give us written notice. You must still provide these notices to us on paper, unless we tell you how to deliver the notice to us electronically.

You may request paper copies of Communications we have delivered electronically by:

• Printing them yourself from the Website or App
• Contacting us at support email address to request a mailed copy

We may charge a reasonable fee for paper copies unless prohibited by law. Requesting a paper copy will not be considered a withdrawal of your electronic consent.

To access, view and retain electronic Communications we make available to you, you must have:

• Working Internet access;
• A computer or mobile device with a Web browser that supports 128-bit encryption (we support the latest version of Chrome®, Firefox®, Microsoft Edge®, or Safari®);
• Sufficient storage space on your computer’s hard drive or other data storage unit to save Communications (16 MB of available memory or 32 MB of RAM recommended)  or a printer to print out Communications from your computer or mobile device and save Communications in paper form;
• A Current Version of a program that  accurately reads and displays Portable Document Format (“PDF”) files  (such as Adobe® Reader® 7.0 or higher). “Current Version” means a version of the software that is currently being supported by the publisher. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use;
• An operating system that supports all of the above; and
• A valid email address.

If you do not have a PDF reader, you can download a free version of Adobe® Reader® by clicking here. By clicking this link, you open another browser window and be taken to Adobe’s website, which is a third-party website that we do not manage, where different security or privacy practices or policies may apply.

If our hardware or software requirements change, and that change creates a material risk that you would not be able to access or retain electronic Communications, we will notify you of the revised hardware or software requirements. Continuing to use our accounts, products, or services after receiving updates to our hardware or software requirements signifies your acceptance of the change(s) and reaffirmation of your consent.

You are free to withdraw your consent to receive Communications electronically at any time and at no charge to you. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act on it. If you decide to withdraw your consent, the legal effectiveness, validity, or enforceability of any prior electronic Communications will not be affected. 

If you withdraw your consent, we may close your account.

It is your responsibility to ensure that the email address that you have provided us or registered with your account is valid and kept up to date so that we can communicate with you electronically. You must promptly inform us of any change in your email address by opening your account settings and changing your communication preferences or emailing us at Support email address. We are not responsible for any delays in receipt of Communications if we send Communications to the last email address you provided us. If you fail to update or change an incorrect email address or other contact information, you understand and agree that any electronic Communications are still deemed to have been provided to you if they were made available to you by one of the methods described in the “Methods of Electronic Delivery of Communications” above.

We reserve the right to discontinue providing you with electronic Communications, or to terminate or change this Agreement.  We will provide you with notice of any such termination or changes as required by law.