TERMS OF SERVICE AGREEMENT

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. This Terms of Service Agreement (the “Agreement”) is a legally binding agreement between Green Dot Corporation (“Green Dot”) and an individual end user (“You” “Your”) of the Green Dot developer portal website located at developer.greendot.com, and all associated sites linked to developer.greendot.com by Green Dot Corporation, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Green Dot. You agree that when you access or use the Site, You will do so subject to this Agreement. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Green Dot reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with the Agreement, Green Dot grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

I. Use of the Site.

A. License.

Subject to the terms set forth herein, Green Dot hereby grants you a limited, non-exclusive license to access and use Green Dot’s Site solely for the purpose of learning more about the Green Dot technology.

B. Use Restrictions.

You shall not: (a) use, modify, copy, offer, distribute, import, export, or publicly display or perform the Site (electronically or otherwise), or any copy, adaptation, transcription, compilation, or derivative thereof, in whole or in part; (b) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from the Site or any software related thereto; (c) distribute, sublicense, rent, lease, loan the Site to any third party; (d) access the Site in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Site, or copy any ideas, features, functions or graphics of the Site; (e) engage in web scraping or data scraping, including without limitation collection of information through any software that simulates human activity or any bot or web crawler; or (f) upload or transmit to the Site any virus, worm, or other harmful feature. If Green Dot suspects that You have violated the requirements of this Section, Green Dot may block Your access to the Site without advanced notice , in addition to other remedies Green Dot may have. Green Dot is not obligated to take any action against You or any other Site user or other third party for violating this Agreement, but Green Dot is free to take any such action it sees fit. Any election Green Dot may take does not constitute a waiver of any other rights granted to Green Dot.

C. Compliance with Laws.

In using the Site, You shall comply with all applicable laws, including without limitation export control laws, laws governing the protection of personally identifiable information, and any laws related to the protection of data or technology.

D. Site Access.

You are responsible and liable for: (a) Your use of the Site, including unauthorized conduct and conduct that would violate the requirements of this Agreement.

II. IP & Feedback.

A. IP Rights in the Site.

Green Dot retains all right, title, and interest in and to the intellectual property associated with the Site, the software used to provide the Site, and any and all graphics, user interfaces, logos, and trademarks reproduced through the Site. This Agreement does not grant You any intellectual property license or rights in or to the Site or any of its components, except to the limited extent that this Agreement specifically sets forth.

B. Feedback.

Green Dot has not agreed to and does not agree to treat as confidential any feedback that You provide to Green Dot, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Green Dot’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit feedback, without compensating or crediting You. You hereby grant Green Dot a perpetual, irrevocable right and license to exploit feedback in any and every way.

III. DISCLAIMER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The SITE IS provided "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT OR ACCURACY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND TITLE. GREEN DOT DOES NOT GUARANTEE ANY SPECIFIC RESULT FROM THE USE OF THE SITE.

IV. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL GREEN DOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA ARISING FROM OR RELATING TO YOUR USE OF THE SITE, EVEN IF GREEN DOT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF GREEN DOT EXCEED ONE HUNDRED ($100) DOLLARS.

V. Indemnity.

You agree to defend, indemnify, and hold harmless Green Dot and its employees, agents, directors, officers, and shareholders, from and against all liabilities, claims, damages and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of the Site, your breach of this Agreement, or your alleged or actual infringement of the intellectual property rights of third parties.

VI. Confidentiality.

You understand and agree that you may have access to or otherwise obtain private or confidential information of Green Dot in connection with Your use of the Site (“Confidential Information”). Confidential Information includes information that is marked as “confidential” or “proprietary,” or information that should reasonably be understood to be confidential given the nature of the information. You shall hold the Confidential Information in confidence and shall not, without the prior written consent of Green Dot, disclose it to a third party. You shall not use Confidential Information for any purpose other than in performance of this Agreement. This obligation of confidentiality shall not apply to information that is generally available to the public through no act or omission of You or becomes known to You through a third party with no obligation of confidentiality, or is required to be disclosed by law, court or by any government or regulatory authority. If any Confidential Information is required to be disclosed by statute, rule, regulation or order of any court of competent jurisdiction, before any such disclosure You will provide notice to Green Dot reasonably sufficient to allow Green Dot the opportunity to apply for a protective order or other restriction regarding such disclosure. All Confidential Information will remain the exclusive property of Green Dot. No public announcement, press release or communication concerning this Agreement shall be made without the prior consent of Green Dot.

VII. Miscellaneous.

A. Equitable Relief.

If You breach any provision of this Agreement, Green Dot will be entitled, in addition to any other rights available under this Agreement or at law or in equity, to apply for immediate injunctive relief without any requirement to post a bond or other security and You acknowledge and agree to not contest such application.

B. Entire Agreement.

This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto.

C. Choice of Law & Jurisdiction.

Excluding conflict of laws rules, this Agreement shall be governed by and construed under the laws of the State of Delaware. All disputes arising out of or in relation to this Agreement shall be submitted to the exclusive jurisdiction of the state or federal courts of located in State of Travis County, Texas.

E. Severability.

In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

F. No Waiver.

Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

G. Force Majeure.

Green Dot shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, pandemics or acts of God, in which event Green Dot shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.

Acknowledgement.

By using any part of the Site, you indicate that you have read this Agreement, understand it and agree to be bound by its terms and conditions.