Cardholder Agreement

Payment Card Terms & Conditions

Last updated: 14 April 2026

Important Card Terms Summary

Welcome to your mCard. Before you get started, here’s a quick summary of the most important things to know:

Your mCard is not a bank account. It is a bank-issued payment card that is issued virtually.
Your mCard generally does not hold a balance, does not represent a deposit or stored value account, and cannot be used to withdraw cash, access funds, or make balance inquiries through an ATM. You cannot use the mCard or the mCards App to preauthorize periodically recurring transactions.
Your mCard will be associated with your Authorized Payment Accounts (as defined below), like a bank account, through the mCards App. Your mCard may only be associated with approved forms of Authorized Payment Accounts and used to make purchases at merchants supported by the applicable Network.
mCards uses a Dynamic Processing Engine (DPE) to authorize transactions and settle them from funds in your Authorized Payment Account (defined below).
You agree to solely receive electronic or digital communications to the extent permitted by law. All notices and legal information will be delivered electronically.
If you believe a transaction is unauthorized or there is an error involving your mCard, you can contact mCards support directly through the mCards App or as otherwise specified in these Card Terms. We will investigate the issue and help resolve the matter.
These Card Terms include a mandatory arbitration provision, class action waiver and jury trial waiver. You can opt out within 30 days if you’d prefer to resolve disputes in court.

This summary doesn’t replace the full Card Terms. You must read them carefully before accepting or using your mCard.

1. Introduction and Agreement to Card Terms

These Payment Card Terms & Conditions ("Card Terms") set forth the terms and conditions under which the Card (as defined below) has been issued for your use by MVB Bank, Inc. (“Issuing Bank” or “MVB Bank”). By accepting these Card Terms and using your Card, you agree to be bound by the terms and conditions stated herein. In these Card Terms, “you” and “your” refer to the person has received and is authorized to use the Card.. “We”, “us”, and “our” refers to Issuing Bank and includes, unless otherwise indicated, the Company. “Company” refers to mCards, Inc., who provides program management services on behalf of Issuing Bank. All capitalized terms not defined in this Section have their meaning set forth in Section 2.

These Card Terms apply solely to the use of the mCard as a payment instrument. Use of the mCards App is subject to the separate mCard Mobile App Terms & Conditions available at https://www.mcards.com/disclosures that you must accept prior to or along with these Card Terms to be eligible for a mCard. Issuing Bank is not party to the Company’s Mobile App Terms & Conditions and has no responsibility or liability to you for your use of the mCards App. In the event of any conflict between these Card Terms and the Mobile App Terms & Conditions, these Card Terms shall control solely with respect to the Card and its issuance, usage, and payment settlement. These Card Terms govern your relationship with the Issuing Bank.

2. Definitions

For purposes of these Card Terms, the following capitalized terms shall have the meanings set forth below. Additional definitions may be provided within the context of specific sections.

Activated mCard means an mCard that has completed the required incremental onboarding steps and is eligible for use, including initiating transactions.

Authorized Payment Account means an eligible, valid payment account (such as a checking account, debit card, or other eligible payment or funding account) approved by the Company and owned by you and associated with your mCard through the mCards App.

Campaign Sponsor means any applicable third-party brand, organization, or entity that partners with mCards to distribute a specific Co-Branded Card.

Card or mCard means the card issued to you under the Program by Issuing Bank and administered by the Company. The terms “Card” and “mCard” include Co-Branded Cards, as defined below.

Co-Branded Card means a version of the mCard issued to you by Issuing Bank as part of the mCards Program as part of a specific marketing campaign, distribution arrangement, or partnership and displaying the name, brand, or visual design of a Campaign Sponsor, in addition to Company branding. A Co-Branded Card operates under these same Card Terms and on the same platform as all other mCards issued to you by Issuing Bank. Co-Branded Cards may include campaign-specific features, limits, or Promotional Value linked to a Promotional Account.

Dynamic Processing Engine or DPE means mCards’ proprietary transaction orchestration system that determines how transactions are authorized, routed, and settled across different payment rails and account types and enables the operation of the mCards Program.

Financial Technology Program Manager means a non-bank financial technology company that, in partnership with the Issuing Bank, designs, administers, and operates a regulated card or payments program. As a Financial Technology Program Manager, Company provides program management services such as user onboarding, identity verification support, transaction processing coordination, customer support, compliance oversight support, and technology infrastructure, but does not itself issue the mCard.

Initial Transaction means the purchase transaction initiated when you use your mCard to make a purchase with a merchant. This is the transaction between you and the merchant that is the “merchant of record” and the transaction is authorized and settled through the payment Network. Linked Transaction means the separate and independent transaction initiated after completion of an Initial Transaction to recover the corresponding purchase amount from your Authorized Payment Account(s) or the Campaign Sponsor or Rewards Partner associated with your Promotional Account, as applicable. The Linked Transaction is operationally distinct from the Initial Transaction and is used to replenish mCards Funds in accordance with the mCards Program rules and these Card Terms.

mCards App means the mobile application provided by the Company that enables users to access, configure, and manage their mCard, including settings, transaction history, features, and Authorized Payment Account(s).

mCards Funds means program-controlled operational liquidity facilitated by the Company to support authorization and settlement of Initial Transactions through the applicable payment Network. mCards Funds are not your funds.

mCards Program or Program means the broader program under which Company makes available Cards, including Co-Branded Cards, in partnership with Issuing Bank and provides associated functionality, services, and support.

Network means the Mastercard payment network that supports issuing, transaction processing, merchant acceptance, and dispute resolution.

Promotional Account means an internal ledger associated with your Co-Branded Card or a Rewards Partner that reflects

Promotional Value issued to you by a Campaign Sponsor or Rewards Partner. Promotional Accounts are not owned by you, do not represent cash or stored value, and may be reduced, forfeited, or expire in accordance with the terms set forth by the Company or the applicable Campaign Sponsor. Promotional Value means discount value or credits prefunded by a Campaign Sponsor or Rewards Partner and made available to you through your Promotional Account. Promotional Value is not your property, is not redeemable for cash, and may expire, be withdrawn, or adjusted by the applicable Campaign Sponsor in accordance with the terms set forth by that Campaign Sponsor.

“Rewards Partner” means any third-party entity that has entered into an agreement with the Company to allow its loyalty, rewards, or points program to be redeemed by eligible cardholders as Promotional Value through the mCards Program in connection with an Initial Transaction. A Rewards Partner is distinct from a Campaign Sponsor and is not required to issue a Co-Branded Card as a condition of participation.

3. About the Card

The mCard is a payment card that can be used to buy goods and services at merchants that participate in the Network on which your mCard is issued and that can accept mCards for payment. The mCard does not hold a balance, cannot be loaded or reloaded except as expressly set forth in these Card Terms, and cannot be used for ATM withdrawals, balance inquiries at electronic terminals, or direct cash access. The mCard is not a credit card. The mCard is NOT an asset account, a deposit account, or a checking account. Your mCard is non-transferable and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We may refuse to process any transaction that we believe may violate these Card Terms or any other agreement applicable to the Program.

When you use your mCard to make a purchase, any single purchase results in two distinct but related transactions under the Program. In these Card Terms, the first of the two transactions is referred to as an Initial Transaction and the second of the two transactions is referred to as a Linked Transaction. The Initial Transaction and Linked Transaction are defined in Section 2, and the transactions are described in greater detail in Section 6.3.

4. Card Issuer

Your Card is issued by MVB Bank, a West Virginia chartered bank, Member FDIC. While MVB Bank is a member of the Federal Deposit Insurance Corporation (“FDIC”), your Card is not a deposit account, and there are no funds held in your name at MVB Bank. Accordingly, your Card is not insured by the FDIC.

The Issuing Bank has engaged Company as a Financial Technology Program Manager to design, implement, and administer operational aspects of the Program, including your onboarding as a cardholder, transaction authorization and processing coordination, customer support and dispute intake, technology infrastructure and application development, fraud monitoring, fraud prevention, and regulatory compliance support, among other things.

5. Card Eligibility and Issuance

5.1 Eligibility.

To be eligible to receive an mCard, you must meet all of the following requirements:

You must be at least 18 years old (or the age of majority in your state of residence) and reside in one of the fifty (50) United States or the District of Columbia.
You must provide a valid, personal mobile phone number that is in your name and under your control. This number will be used to assign your mCard and for authentication purposes.
You must complete the incremental onboarding process through the mCards App, which includes verifying your identity, mobile number, and other required information. This process may require you to provide your full legal name, address, date of birth, and other information that allows mCards and Issuing Bank to identify you.
You must pass required regulatory screenings, including Office of Foreign Assets Control (OFAC) sanctions screening, Politically Exposed Persons (PEP) screening, and anti-money laundering (AML) reviews.
You must agree to and provide affirmative consent to receive electronic communications under the federal E-SIGN Act, which will govern delivery of all agreements, notices, and disclosures.
You must agree to these Card Terms, the Mobile App Terms & Conditions, and any additional policies, disclosures, or agreements presented to you as part of onboarding.

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When you obtain a Card, we will ask for the identifying information described above and may also ask to see a copy of your driver’s license or other identifying documents. We will not activate your mCard unless your identity has been sufficiently verified and approved.

5.2 Card Issuance

Your mCard is first issued to you digitally in the mCards App, and we consider the Card distributed when it is made available in the mCards App. Your mCard is distributed to you in an inactive state. You may not use your mCard until you complete all of the requirements set forth in the following section to make the mCard eligible to become an Activated mCard, as well as any additional onboarding steps we may require. Issuance of an mCard is not guaranteed and may be denied based on the Company’s internal policies, Issuing Bank requirements, or regulatory obligations. You may not request an additional Card for another person. You are the only person authorized to use your mCard. You may invite other people to apply for their own mCard through the referral feature available within the mCards App, provided those persons complete the onboarding process required to obtain a Card.

5.3 Card Activation

To activate your mCard, you must complete the required onboarding process through the mCards App, which includes accepting these Card Terms and any required disclosures, providing requested information, and successfully completing identity and regulatory verification. Once the required onboarding is completed and approval is granted, your mCard becomes an Activated mCard. To use your Activated Card in transactions, you must first link an Authorized Payment Account.

5.4 Physical Cards

The mCard is a virtual only card and is not available in a physical form.

5.5 Card Expiration and Renewal

We will automatically issue you a new mCard during the month prior to the expiration of your existing mCard, unless your Card is subject to the terms of Section 9.

6. Use of the Card

6.1 Using your Card for Purchases

You may use your Card to make purchases at any merchant that participates in the Network, subject to the funds available in your Authorized Payment Account and/or Promotional Value available in your Promotional Account, the transaction limits set forth in these Card Terms, and the other terms and conditions of these Card Terms.

Your Card may only be used if you have sufficient available funds in your linked Authorized Payment Account(s) or sufficient Promotional Value in your Promotional Account at the time of transaction authorization. By initiating a transaction, you represent that sufficient funds are available in your linked Authorized Payment Account(s) or that sufficient Promotional Value is available in your Promotional Account and you authorize Company and Issuing Bank, as applicable, to immediately initiate recovery of the transaction amount, subject to these Card Terms. Transactions will be declined if we determine that insufficient funds or Promotional Value, as applicable, are available or that recovery is unlikely to be completed.

We or a Campaign Sponsor, as applicable, may apply transaction controls, limits, or restrictions based on fraud prevention, risk management, program rules, applicable Network requirements, or internal policies. The Company or Issuing Bank may decline a transaction or reverse an authorization if a transaction cannot be completed in accordance with applicable Network rules, program limits, or regulatory requirements.

Transaction processing is subject to Network availability, merchant connectivity, and standard payment Network procedures. Transaction status and related details will be made available to you through the mCards App.

6.2 Authorizations

When you use your mCard, you are authorizing two separate transactions. These are detailed in Section 6.3, below. When you link an Authorized Payment Account, you authorize Company to verify the account ownership, verify the amount and availability of funds held in the Authorized Payment Account at any time, and initiate Linked Transactions in amounts corresponding to the Initial Transactions made using your Card.

6.3 Transaction Structure and Processing

6.3.1 Transactions Using Authorized Payment Accounts

The terms of this section 6.3.1 apply to Initial Transactions and Linked Transactions that are authorized and completed based on funds available in your Authorized Payment Account.

When you use your mCard to make a purchase, it results in distinct but related transactions that occur nearly simultaneously, an Initial Transaction and at least one Linked Transaction.

The first transaction of the two is referred to in these Card Terms as the Initial Transaction, which is the transaction between you and the merchant for goods or services. The merchant is the merchant of record for Initial Transactions. When you initiate an Initial Transaction, Issuing Bank will verify that you have sufficient funds in your Authorized Payment Accounts and/or Promotional Value in your Promotional Account to cover the Initial Transaction amount. Provided your Authorized Payment Accounts and/or Promotional Value in your Promotional Account have sufficient funds, Issuing Bank will complete the Initial Transaction through the applicable Network using Promotional Value and/or mCards Funds. If your Authorized Payment Accounts and/or Promotional Value in your Promotional Account do not have sufficient funds for the Initial Transaction, Issuing Bank may decline to authorize and complete the Initial Transaction. Regardless of the outcome, the Issuing Bank authorization process will happen nearly instantaneously when you initiate an Initial Transaction. This allows the merchant to complete the sale and receive payment in the ordinary course of business, just as with other standard card transactions. The Initial Transaction does not constitute an extension of credit to you by either the Company or Issuing Bank.

When you complete an Initial Transaction, you authorize us to complete subsequent Linked Transactions for an amount equal to the amount of the Initial Transaction, subject to any applicable fees. The Linked Transactions occur separately and is initiated nearly simultaneously with the Initial Transaction. In a Linked Transaction, we debit or charge your Authorized Payment Account to recover the mCards Funds that we used to complete the Initial Transaction. If you have multiple linked Authorized Payment Accounts, at the time of the Initial Transaction you may designate which Authorized Payment Accounts Issuing Bank should debit for the related Linked Transaction. For the avoidance of doubt, by completing an Initial Transaction, you authorize us to debit or charge your Authorized Payment Accounts for the amount of the Initial Transaction. In the unlikely event that Issuing Bank completes an Initial Transaction and is unable to recover the mCards Funds from your Authorized Payment Account in a Linked Transaction, you are not personally liable to us for the repayment of the mCards Funds that we used to complete the Initial Transaction. However, we may suspend or terminate your ability to engage in future Initial Transactions.

This means using your mCard for a purchase will cause both an Initial Transaction and at least one Linked Transaction to take place nearly simultaneously. The value of the transaction you authorize with a merchant is the total transaction amount approved by you under the rules of the mCards Program and will be the amount of both transactions, subject to any fees or other charges of the bank, financial institution or other entities providing your Authorized Payment Accounts used to complete the Linked Transaction.

6.3.2 Transactions Using Promotional Value

The terms of this Section 6.3.2 apply to transactions that involve the use of Promotional Value. Transactions involving Promotional Value will consist of an Initial Transaction, and at least one subsequent and related Linked Transaction, as described below.

In connection with an eligible Promotional Account, a Campaign Sponsor or Rewards Partner, as applicable, may agree to redeem Promotional Value held in your Promotional Account at the time you initiate a transaction using your Card, including, when it comes to Campaign Sponsors, the applicable Co-Branded Card. When you use your Card to initiate an Initial Transaction (i.e., a purchase of goods or services from a merchant), you will have the option to indicate through the mCards App if you wish to fund the transaction in whole or in part by redeeming Promotional Value with the applicable Campaign Sponsor or Rewards Partner, as applicable. The mCards App will indicate the redemption value offered by the applicable Campaign Sponsor, and you will be able to select the amount of Promotional Value you wish to redeem for the Initial Transaction. Additionally, through the mCards App, you will be able to determine the redeemable value offered by a Rewards Partner prior to initiating the Initial Transaction. Any portion of the cost of the Initial Transaction that is not covered by Promotional Value will be authorized based on funds held in your Authorized Payment Account. Provided your Authorized Payment Account has sufficient funds, mCards will deem such funds available for use, along with the redemption value of the Promotional Value you have elected to redeem. Issuing Bank will then complete the Initial Transaction through the applicable Network using mCards Funds. If your Authorized Payment Account does not have sufficient funds, Issuing Bank may decline to authorize and complete the Initial Transaction. Regardless of the outcome, the Issuing Bank authorization process will happen nearly instantaneously when you initiate an Initial Transaction. This allows the merchant to complete the sale and receive payment in the ordinary course of business, just as with other standard card transactions. The Initial Transaction does not constitute an extension of credit to you by either the Company or Issuing Bank.

When you complete an Initial Transaction in part or in whole by redeeming Promotional Value, you authorize us to complete at least one subsequent Linked Transaction for an amount equal to the amount of the Initial Transaction not covered by the Promotional Value, subject to any applicable fees. Linked Transactions occur separately and nearly simultaneously with the Initial Transaction. For the portion of the Initial Transaction that was authorized based on Promotional Value that the applicable Campaign Sponsor or Rewards Partner agreed to redeem, we will execute a Linked Transaction to recover the funds from the applicable Campaign Sponsor or Rewards Partner, and the Company will debit your Promotional Account ledger for the corresponding amount of Promotional Value. For the portion of the Initial Transaction that was authorized based on funds held in your Authorized Payment Accounts, as applicable, we will execute Linked Transactions to debit or charge your Authorized Payment Accounts to recover the corresponding amount of funds. For the avoidance of doubt, by completing an Initial Transaction, you authorize us to debit your Authorized Payment Accounts for the amount of the Initial Transaction not covered by redeemed Promotional Value.

In the unlikely event that Issuing Bank completes an Initial Transaction and is unable to replenish the mCards Funds from your Authorized Payment Account and/or Campaign Sponsor and/or Rewards Partner, you are not personally liable to us for the repayment of the mCards Funds that we used to complete the Initial Transaction. However, we may suspend or terminate your ability to engage in future Initial Transactions.

6.4 Returns, Refunds, and Reversals

If a merchant cancels, reverses, or refunds an Initial Transaction, the return or refund is initiated by the merchant and processed through the applicable payment Network in accordance with Network rules. The Company does not control whether or when a merchant issues a return or refund.

Refund amounts will be received by Issuing Bank. After a refund amount is received, we separately route the refunded amount to the original Authorized Payment Account associated with the related Linked Transaction. If the Initial Transaction involved the redemption of Promotional Value by a Campaign Sponsor or a Rewards Partner, the portion of the refund attributed to Promotional Value will be returned to the applicable Campaign Sponsor or Rewards Partner, and the Company will re-credit your Promotional Account ledger for the corresponding Promotional Value, subject to the terms of the Campaign Sponsor or Rewards Partner. The portion of the refund attributable to the funds debited from your Authorized Payment Account(s) will be routed to your Authorized Payment Accounts as described above.

For the avoidance of doubt, refunds are always received first by Issuing Bank. Any routing of refunded amounts to an Authorized Payment Account occurs only as a separate, subsequent step and is not part of the merchant refund process.

It is possible that, for reasons beyond Issuing Bank’s control, it may not be possible to return refunded funds to the Authorized Payment Account that was used for the related Linked Transaction. In such an event, the Company will contact you using your contact information on file to discuss alternative arrangements for Issuing Bank to disburse the funds to you. In the event that the Company cannot reach you, you do not reply to the Company’s attempts to contact you, or refunded funds otherwise cannot be returned to you, Issuing Bank may wire, ACH, or otherwise transfer by Issuing Bank determined method the funds to your Authorized Payment Account or, if it is unable to do so within thirty (30) days, issue you a check for the refund amount and send it to your address of record, as reflected in the mCards App. Once the Issuing Bank issues a check, the value of the check will no longer be available to you to spend on the mCard.

Any refund amount that cannot be delivered to you and remains unclaimed for the period required under applicable state law will be treated as abandoned property and remitted to the appropriate state authority in accordance with applicable unclaimed property and escheatment laws.

Because merchant refunds, Initial Transactions, and Linked Transactions are operationally distinct processes, the timing of a refund may not correspond to the timing of the original Linked Transaction. Differences in timing reflect standard Network and program processing and do not constitute delayed settlement, a payment deferral, or an extension of credit.

In some cases, a transaction may be reversed or adjusted by a merchant before it fully clears through the payment Network. Reversals may result in the release of an authorization or adjustment of transaction records and may not appear as a completed transaction or refund in your transaction history. The Company will reflect reversals and adjustments in the mCards App as processing events are completed.

We are not responsible for the delivery, quality, safety, legality or any other aspect of goods or services that you purchased with your Card. All such disputes must be addressed and handled directly with the merchant from whom those goods and services were purchased.

6.5 Transaction Limits

This Section describes the maximum amount that you can spend using your Card during the time periods described in this Section.

Daily Spending Limit. The maximum that can be spent using your Card per day is $5,000.00.

6.6 Transactions in Foreign Currencies

If you make a purchase using your Card in a currency other than in U.S. dollars, the Initial Transaction value will be converted by the Network from U.S. dollars using the applicable exchange rate selected by the Network from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate the Network receives or the government-mandated rate. The exchange rate used on the central processing date may be different from the rate that was in effect on the date you performed the transaction.

6.7 Fees and Charges

Fee Category

Amount

Card fees

Purchase fees

Foreign transactions

0% of transaction amount

All other fees

1. Issuing Bank does not charge a foreign transaction fee. Currency conversion is performed by the payment Network as described in Section 6.6.

7. Authorized Payment Accounts and Promotional Accounts

7.1 Linking and Managing Authorized Payment Accounts

You must link one or more Authorized Payment Accounts to use your mCard, and when you utilize a Co-Branded Card, the permitted types of Authorized Payment Accounts are subject to Campaign Sponsor approval and our approval. You will be notified through the mCards App when there are changes made to the types of permitted Authorized Payment Accounts and will receive legally required advanced notice for any adverse impacts from such changes.

You may only link Authorized Payment Account(s) through the mCards App that are in your name and under your control or you are otherwise duly authorized by the financial institution that maintains the account to access and use it for Linked Transactions. Linking typically involves using a third-party integration, such as Plaid or Stripe, and requires you to provide your credentials and authorize access. The use of such services is governed by their separate terms and privacy policies.

By linking an Authorized Payment Account, you represent and warrant that you have the legal authority to access the linked account, provide the required credentials, and authorize us to initiate Linked Transactions against that account in accordance with these Card Terms. You may not link an account that is not in your name, is not under your legal control, has been reported as lost, stolen or compromised, or is subject to legal holds, garnishments, or restrictions.

Authorized Payment Accounts may be linked during or after incremental onboarding, depending on the configuration of your Co-Branded Card. By linking an account to the mCards App as an Authorized Payment Account, you authorize Company and Issuing Bank, as the case may be, to initiate separate Linked Transactions (i.e., debits or charges) to recover Initial Transaction amounts in accordance with the rules of the Program and these Card Terms.

If you link more than one Authorized Payment Account, you may manage the default order of priority among your linked Authorized Payment Accounts through the mCards App, subject to any limitations imposed by Issuing Bank or any applicable Campaign Sponsor. At the time of initiating an Initial Transaction, you may choose to allocate the amount of the transaction across your linked Authorized Payment Accounts. Issuing Bank will initiate Linked Transactions according to the allocations you specify. If you have multiple Authorized Payment Accounts and do not specify an allocation at the time of the Initial Transaction, the Dynamic Processing Engine (DPE) will use your default priority to determine the routing of recovery transactions. The Company is not responsible for the success or failure of account linkage, credential verification, or account availability.

If an Authorized Payment Account becomes invalid, is closed, or cannot be used for any reason, we may require you to link another account as an Authorized Payment Account to continue using your mCard. Failure to do so may result in your mCard being suspended or limited. If the Company is unable to recover funds due to an issue with your Authorized Payment Account, you are not personally liable to us for the repayment of those funds, but we may suspend or limit your ability to use your mCard until the issue is resolved.

You agree to promptly update your Authorized Payment Account information through the mCards App if any details change. You further agree that continued use of the mCard confirms your authorization for us to access and transact with any Authorized Payment Account you have linked in accordance with these Card Terms.

You may unlink an Authorized Payment Account at any time through the mCards App, subject to any limitations imposed by the Campaign Sponsor or us. Unlinking an Authorized Payment Account will prevent future Linked Transactions from being initiated against that account but does not affect any Linked Transactions already initiated or any amounts previously funded on your behalf. The Company may require you to link an alternative Authorized Payment Account and reimburse all amounts previously funded on your behalf in order to continue using your mCard.

We monitor transactions for unusual patterns that may indicate unauthorized account access, stolen credentials, fraud, or other illegal activity. We may decline transactions or require additional verification if we detect suspicious activity. These security measures are for your protection and may occasionally result in legitimate transactions being delayed or declined.

7.2 Assignment of Promotional Value Accounts

A Promotional Account is a ledger maintained by the Company that reflects Promotional Value issued to you by the Campaign Sponsor or Rewards Partner in connection with discount value or credits prefunded by a Campaign Sponsor or Rewards Partner. The applicable Campaign Sponsor or Rewards Partner is responsible for all decisions regarding the issuance of Promotional Value. The Campaign Sponsor will share information with the Company regarding the issuance of Promotional Value or Rewards Partner to you for the purpose of enabling the Company to update the Promotional Account ledger. A Promotional Account is not a bank account or other asset account, and does not reflect property owned by you. Promotional Value has no cash value, and may not be traded, exchanged, or withdrawn.

8. Card Security and PIN

8.1 Card Security

You must safeguard your Card, Card number, CVV, PIN, and mCards App credentials. Do not share these with anyone. Keep your Card in a secure location and your mobile device protected with a passcode and/or biometric lock.

You must review your transaction history regularly through the mCards App and promptly report any unauthorized or suspicious activity.

Failure to comply with these security requirements may result in increased liability for unauthorized transactions, denial of claims, or immediate Card termination.

8.2 PIN

You must set a PIN for your Card. Do not use easily guessable numbers such as birthdates, addresses, or sequential digits (e.g., 1234).

You must memorize your PIN and keep it confidential. Do not: (a) Write your PIN on your Card or store it with your Card; (b) Share your PIN with anyone, including employees, family members, or Company staff, (c) Store your PIN in unencrypted digital files or notes.

We will never ask for your PIN via phone, email, or text message. If you believe your PIN has been compromised, immediately change it through the mCards App and contact us at 1-888-370-0614. Failure to protect your PIN may result in liability for all unauthorized transactions, even if promptly reported.

9. Account Suspension, Termination, and Closure

Your mCard may be suspended, limited, or terminated by us at any time, with or without notice, if we determine that you have violated these Card Terms, applicable law, or the rules of any Network or Campaign Sponsor. Suspension or termination may also occur if your identity cannot be verified, your Authorized Payment Account becomes unavailable, you engage in fraud or abuse, or required regulatory checks are not passed or are later invalidated. We may also take such action to prevent loss, comply with law enforcement or regulatory requests, or in response to unusual activity.

You may request to close your mCard at any time by contacting support as described in Section 10 of these Card Terms. Closure of your mCard will deactivate your ability to initiate new transactions but will not impact your responsibility for transactions already authorized or any amounts owed.

We may suspend or freeze your mCard if it has not been used for a period of six (6) months or more. You may be required to verify your identity or take other action to reactivate your mCard. We reserve the right to permanently close accounts that remain inactive or non-responsive for an extended period, in accordance with applicable law and program rules.

Termination of your mCard does not affect any rights or obligations accrued prior to termination, including the obligation to repay any amounts due in accordance with these Card Terms.

10. Error Resolution and Disputes

10.1 General Disputes and Error Resolution

If you believe that a transaction made using your mCard was unauthorized, processed in error, or not properly reflected in your account history, or if you need more information about a transaction listed in your mCards App account history, you must notify mCards immediately. You may contact support through the following methods:

Phone: 1-888-370-0614
mCards App: Access support directly through the app
Mail: mCards, Inc., 1000 Main Street, Suite 2300, Houston, TX 77002
Website: https://www.mcards.com/contact

To help us investigate your claim most effectively, you should report any transaction errors or suspected unauthorized activity within sixty (60) days of the date information about the problem or error was FIRST available to you through the mCards App. Failure to notify us within this period may limit your ability to recover lost funds.

When you notify us of a suspected transaction error or unauthorized activity:

Tell us your name and account number (if any).
Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

10.2 Your Liability for Unauthorized Transfers

Your liability for unauthorized electronic fund transfers from your Authorized Payment Account(s) depends on how quickly you report the loss or theft of your mCard or access credentials:

$0 Liability – You will not be liable for any unauthorized transfers if you notify us within two (2) business days after you learn of the loss or theft of your mCard, access device, or PIN.
Up to $50 Liability – If you fail to notify us within two (2) business days after you learn of the loss or theft but do notify us within sixty (60) calendar days after we send or make available the statement showing the unauthorized transfer, you could lose as much as $50.
Up to $500 Liability – If you fail to notify us within two (2) business days after you learn of the loss or theft, you could lose as much as $500 if we can prove that the unauthorized transfers would not have occurred had you notified us in time.
Unlimited Liability – If you do not notify us within sixty (60) calendar days after we make available the information showing unauthorized transfers that you should have discovered, you may be liable for all unauthorized transfers that occur after the sixty (60) day period and before you notify us. This means you could lose all the money in your Authorized Payment Account(s) plus any available credit or value.

If a good reason (such as a hospital stay or extended travel) prevented you from notifying us, we may extend these time periods to a reasonable duration.

10.3 Investigation Process

Upon receiving written notice of an error or unauthorized transaction, we will:

Promptly begin an investigation.
Provide provisional credit for the amount you think is in error that will be disbursed to the linked Authorized Payment Account associated with the transaction that gave rise to the error within ten (10) business days of receiving your notice, unless we complete our investigation and determine no error occurred within that timeframe. This is so that you will have use of the money during the time it takes us to complete our investigation. If you notified us of the suspected error or other issue orally and we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not issue the provisional credit.
Complete our investigation within forty-five (45) calendar days. For new accounts (opened within 30 days), point-of-sale transactions, or foreign-initiated transfers, we may take up to ninety (90) calendar days.
Notify you of the results within three (3) business days after completing our investigation.
If we find an error occurred, we will correct it promptly. If we issued provisional credit and determine no error occurred, we will notify you in writing the date and amount of the debit at least five (5) business days before initiating a debit to your Card and in turn to the Authorized Payment Account that received the credit and will explain our findings. You may request copies of documents we relied upon in our investigation.

In cases of suspected unauthorized use, you may be required to provide written confirmation, supporting information, or complete an affidavit to assist in our investigation.

10.4 Special Rules for mCards Program

Since each Card purchase involves both an Initial Transaction (the purchase made with your Card) and at least one Linked Transaction (the corresponding recovery from your Authorized Payment Account), errors can occur at different points in the process:

Linked Transaction errors: If you believe funds were incorrectly withdrawn from your Authorized Payment Account, or if a Linked Transaction occurred without a corresponding authorized Initial Transaction, notify us immediately. We will investigate the Linked Transaction and the connection to the Initial Transaction. You also should dispute the transaction with the financial institution that holds your Authorized Payment Account.

Timing differences: Because the Initial Transaction and Linked Transaction are processed as separate transactions, you may see a delay between when a purchase posts and when funds are recovered from your Authorized Payment Account. Normal processing delays are not errors. However, if you believe a Linked Transaction occurred without your authorization or in an incorrect amount, you should report it as an error.

10.5 Merchant Disputes

Disputes related to the quality, delivery, or terms of the underlying purchase or service must be directed to the merchant. The Company is not responsible for product quality, delivery failures, merchant behavior, or merchant refund policies. You should attempt to resolve such issues directly with the merchant. However, if you believe a transaction was processed in error or without your authorization, you may report it to us under the error resolution procedures described above.

10.6 Authorized Payment Account Recovery Disputes

If a transaction involved recovery of funds from an Authorized Payment Account and you dispute that recovery, we will evaluate the claim based on your authorization, these Card Terms, and applicable law. You remain responsible for any transaction that was authorized by you using your mCard in accordance with these Card Terms. If you believe the recovery was unauthorized or processed in error, you should follow the error resolution procedures outlined above.

11. No Warranty and Limitation of Liability

Your mCard is provided to you on an “as is” and “as available” basis, without warranties of any kind, express or implied. We do not warrant that the mCard, or any related services will be uninterrupted, error-free, or free of security vulnerabilities. To the extent permitted by law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Neither Issuing Bank nor the Company are responsible for any losses or damages resulting from:

Delays or errors by the Network, Campaign Sponsor, or third-party service providers
Merchant behavior, product or service quality, or delivery failures
Failure by you to maintain updated information or prevent unauthorized access
Any act or omission by your Authorized Payment Account provider
System outages, software bugs, device compatibility issues, or security breaches beyond mCards’ reasonable control

To the fullest extent permitted by law, we will not be liable to you for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits or revenue, even if we have been advised of the possibility of such damages. Our total liability to you will not exceed the greater of (a) the amount of transaction giving rise to the claim, or (b) five hundred dollars ($500.00).

Because the mCards App is not a deposit or stored value account, does not hold a balance, cannot be used to withdraw cash or access funds through an ATM or other electronic terminal, and you cannot preauthorize Initial Transactions, we are not liable to you under section 910 of the Electronic Fund Transfer Act for failure to make or to stop certain types of transfers, which are inapplicable to the mCards service.

Nothing in this section shall limit rights or remedies available to you under applicable law. If any portion of this section is found to be unenforceable, the remaining provisions will remain in effect.

This limitation of liability applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of the theory of liability.

12. Transaction History

You can access your transaction history at any time through the mCards App. Your transaction history will show: (a) the amount and date of each transaction; (b) the merchant name and location; (c) the type of transaction; (d) the Authorized Payment Account used for the Linked Payment. We will maintain your electronic transaction history for at least 12 months from the date of each transaction. You can use the mCards App to generate statements of your transaction history. You should regularly review your transaction history and download or print statements and other records you wish to keep beyond this period.

Note that because the mCards App is not a deposit or stored value account, does not hold a balance, cannot be used to withdraw cash or access funds through an ATM or other electronic terminal, and you cannot preauthorize Initial Transactions, we do not issue electronic terminal receipts or provide you with notices regarding preauthorized transfers. The transaction history in the mCards App is the exclusive transaction record available from mCards to you under these Card Terms.

13. Confidentiality and Privacy

We collect, use, and share information about you and your Card transactions as necessary to issue and operate your Card, process transactions, prevent fraud, comply with legal requirements, and enforce these Card Terms.

Information may be shared with Issuing Bank, Company, payment networks, merchants, third-party service providers, fraud prevention services, and government agencies as required by law. You provided consent to these information practices during Card onboarding when you reviewed and accepted the required privacy notices.

For complete details about what information is collected, how it is used and shared, your privacy rights under applicable law, data security practices, and how to exercise your rights, please review:

MVB Bank’s privacy notice available at: https://www.mcards.com/disclosures

The mCards privacy notice is available through the mCards App or at: https://www.mcards.com/privacypolicy

14. Governing Law and Arbitration

Please read this entire section carefully because it requires you to arbitrate certain disputes and claims and limits the manner in which you can seek relief, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

14.1 Governing Law

These Card Terms, and any claim or dispute arising from or relating to your mCard, are governed by the laws of the State of West Virginia, without regard to its conflict of law rules.

14.2 Informal Dispute Resolution

Most concerns can be resolved quickly and informally. You agree to initially contact us at the contact information provided in Section 17 of these Card Terms to attempt to resolve the dispute.

14.3 Agreement to Arbitrate

IF INFORMAL DISPUTE RESOLUTION DOES NOT RESOLVE THE DISPUTE, YOU AND WE AGREE TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE CARD TERMS OR THE USE OF YOUR CARD THROUGH FINAL AND BINDING ARBITRATION RATHER THAN COURT.

This arbitration agreement is mutual and applies equally to both you and us. It covers all disputes between you and us relating to these Card Terms.

The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. It will be handled by a single, neutral arbitrator and may take place virtually, unless otherwise agreed. Judgment on the arbitration award may be entered in any court with appropriate jurisdiction.

14.4 Class Action Waiver

ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATED TO THESE CARD TERMS, THE CARD OR ITS CREATION, USE, EXISTENCE OR OTHER ISSUES RELATED TO IT, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY OR ON BEHALF OF US COVERED BY THESE CARD TERMS WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION AND WILL NOT BE BROUGHT AS A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.

Even if arbitration is found to be unenforceable, this class action waiver remains in effect. Any litigation must be brought on an individual basis only.

14.5 Jury Trial Waiver

By agreeing to these Card Terms, you and we waive the right to a jury trial. If, for any reason, a dispute proceeds in court rather than arbitration, you and us agree to waive the right to a jury trial. Any court proceeding will be decided by a judge.

14.6 Opt-Out

YOU CAN OPT OUT OF ARBITRATION WITHIN 30 DAYS OF AGREEING TO THESE CARD TERMS.

If you prefer not to resolve disputes through arbitration, you may opt out of this clause by sending written notice to the Company within thirty (30) days of activating your mCard. Your notice must include your name, address, and phone number associated with your mCard and state clearly that you wish to opt out of arbitration. If you desire to opt out of binding arbitration, you must send your written notice to us using the following contact information:

mCards, Inc.

1000 Main Street

Suite 2300

Houston, TX 77002

15. Other Legal Terms

15.1 Business Days.

For purposes of these Card Terms, our business days are Monday through Friday, excluding federal holidays.

15.2 Entire Agreement.

These Card Terms, together with any documents incorporated by reference, including any applicable Co-Branded Card Campaign disclosures, the mCards Data Privacy Statement, available through the mCards App or at https://www.mcards.com/disclosures and Issuing Bank privacy policy available at https://mcards.com/disclosures, constitute the entire agreement between you and us with respect to the mCard and supersede any prior or contemporaneous agreements, communications, or understandings.

15.3 Assignment.

You may not transfer, assign, or delegate your rights or obligations under these Card Terms without the prior written consent of the Company. Any attempt to do so will be null and void. We may assign or delegate its rights and obligations under these Card Terms to an affiliate, Campaign Sponsor, or successor entity without your prior consent.

15.4 Amendment.

We may add to, delete, or amend these Card Terms at any time in our sole discretion without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the mCards website, mCards App or delivering notice of changes to you electronically.

15.5 Force Majeure.

We are not responsible for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor shortages, power failures, internet outages, or governmental action.

15.6 Severability.

If any provision of these Card Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

15.7 Waiver.

The failure of us to enforce any right or provision under these Card Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

15.8 Survival.

Any provisions of these Card Terms that by their nature should survive termination of your mCard, including but not limited to those relating to limitations of liability, dispute resolution, and use of the mCards App, will continue to apply following termination.

15.9 Headings.

Headings used in these Card Terms are for convenience only and do not affect the meaning or interpretation of any provision.

15.10 Third-Party Beneficiaries.

These Card Terms are for the exclusive benefit of you and mCards. No other person or entity will have any rights under these Card Terms.

16. Contact and Support

If you have questions, concerns, or need to report an issue related to your mCard, you can access support through the following channels:

mCards App - Access support directly through the mCards App
Website - https://www.mcards.com/contact.
Phone - Call 1(888) 370-0614
Mail – Write to mCards Inc. 1000 Main Street, Suite 2300, Houston, TX 77002

Support is available Monday through Friday during standard business hours 8AM EST - 5PM EST and is not available on weekends or U.S. federal holidays. mCards may also offer in-app assistance, automated chat, or help center resources to guide you through common questions.

By using your mCard, you agree to receive electronic communications, and you acknowledge and consent to the E-SIGN Disclosure and Consent you agreed to during onboarding. mCards will provide all legally required disclosures and notices electronically, and paper communications are not available.

For full details about how your information is collected, used, and protected, please review the mCards Data Privacy Statement available through the mCards App or at https://www.mcards.com/privacypolicy.

Please also refer to the Mobile App Terms & Conditions for additional provisions related to communications, device requirements, and managing your mCard through the app.

As shown in the table above, we do not charge any fees directly to you for the use of your mCard. However, fees may be charged by your Campaign Sponsor, by the provider of your linked Authorized Payment Account, or by the merchant in connection with your transaction. These fees are governed by the applicable terms of those third parties and are not controlled by the Company.

Any fees assessed by your Campaign Sponsor with your Co-Branded Card will be disclosed to you separately at the time of card issuance or through supplemental disclosures provided by your Campaign Sponsor.

You are responsible for reviewing any fee schedules associated with your Authorized Payment Accounts or other linked services. If a fee is assessed by one of those services, including but not limited to overdraft, insufficient funds, or transaction processing fees, it will be your responsibility to resolve the matter with the applicable provider.

In the event of a Network-assessed charge, such as a currency conversion fee or cross-border transaction fee, the applicable amount may be passed through to you based on Network rules. These charges are not imposed by the Company and may vary depending on your agreement with the Campaign Sponsor.

We reserve the right to introduce fees in the future, subject to prior notice and any required regulatory approvals. If fees are introduced, you will be notified via the mCards App or other digital communication channels in accordance with Section 17 of these Card Terms.