Our Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE SHIFI WEBSITE OR USING THE SHIFI SERVICE, YOU AGREE TO BE BOUND BY THE (1) SHIFI TERMS OF SERVICE, (2) SHIFI E-SIGN CONSENT AGREEMENT, AND (3) SHIFI PRIVACY POLICY AND PRIVACY NOTICE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE SHIFI WEBSITE OR USE THE SHIFI SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.‍

Last Updated on March, 2, 2025

1. What are you agreeing to?

The parties to this Agreement. These Terms of Service describe a contractual relationship ("Agreement") between you (including a business or non-natural person entity, as applicable) ("you" or "your") and Shiloh Finance DBA ShiFi (including its subsidiaries, affiliates, agents, and assigns) ("ShiFi," "we," "us," "our") regarding (1) your use of this website ("Website") or any mobile application offered by or marketed by or on behalf of ShiFi or any other technology platform offered by ShiFi, (each a "ShiFi App"), (2) your use of the Website, a ShiFi App, or a third-party website in connection with a product or service offered directly by ShiFi, as applicable, (3) your use of any other service(s) offered through the Website or a ShiFi App, as applicable; and (4) your access to your ShiFi account information and access to any service through the Website or a ShiFi App (collectively, the "ShiFi Service(s)" or "Service(s)").

Changes to this Agreement. ShiFi may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example, by confirming a loan). Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE SHIFI SERVICES AFTER CHANGES HAVE BEEN POSTED. If ShiFi makes any changes to this Agreement that it deems to be material, ShiFi will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.

Your Eligibility. To be eligible to use the Services, you must be at least the age of majority in the province, territory, or state where you reside. You represent and warrant that you are eligible to use the Services.

2. How ShiFi will serve you.

Buy with ShiFi: When you buy with ShiFi, you may be offered a Retail Installment Contract (RIC) with terms as expressed in your agreement. ShiFi does not originate loans. Instead, ShiFi facilitates Retail Installment Contracts that are purchased by ShiFi Fund LLC. RIC term options may vary based on purchase price and merchant and may not be available in all states. ShiFi's services allow you to buy goods or services offered by merchants ("Merchants") for a personal or limited business purpose use, where available. If you buy with ShiFi, the Merchant will receive payment in exchange for your promise to repay the same amount to ShiFi Fund LLC.

Your Promise to Pay: Before completing any transaction through any ShiFi Services, ShiFi will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction, including your promise to pay the Amount Financed and any and all other amounts that may become due under the Retail Installment Contract until all amounts owing have been repaid in full to ShiFi Fund LLC or its assigns.

Interest Rates: All Retail Installment Contracts facilitated by ShiFi have a 0% fixed Annual Percentage Rate ("APR"). Approval for a RIC is dependent on creditworthiness, but not limited to credit score.

Finance Charge: ShiFi Retail Installment Contracts do not include finance charges as they are offered at 0% APR.

Late Payment Fee: You are not charged any late fees when you buy with ShiFi.

ShiFi Retail Installment Contracts. ShiFi facilitates Retail Installment Contracts that are purchased by ShiFi Fund LLC. ShiFi does not originate loans. Refer to your Retail Installment Contract for specific details.

Autofill of Information: In order for you to have a more seamless shopping experience while using your payment instrument with another financial institution, we will store some of the information that you provide to us, or that you authorize a third party to provide to us, or that a third party provides to us about you, and use that information to autofill different forms for you during your shopping journey. While using the Services, we may ask for your personal information and contact details such as name, shipping address, telephone number, email, VCN card details, debit/credit card details (excluding CVV), and billing address for those cards, or you may authorize our service providers to provide us with information about you, such as details about your financial accounts, transactions, and credit history. We will keep this information in our systems so that when you return to us, you will only need to provide basic details in order for us to automatically fill in the remaining fields to complete your transaction. When you shop with a merchant directly from a ShiFi App, we can autofill your details on the merchant's site. This is enabled when you log in to a ShiFi App so that we know it is you that is shopping with that merchant.

Collecting Information About You. By using the ShiFi Services, you authorize ShiFi, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include validating information regarding your business or non-natural person entity, if applicable. This may also include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. ShiFi reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information.

Credit Report Authorization and Reporting. You expressly authorize Shiloh Finance DBA ShiFi (ShiFi LLC), ShiFi Fund LLC, and their assigns to obtain information from third-party sources, including consumer reports on you from consumer reporting agencies: (1) in connection with your pre-qualification request, inquiry, or request for a Retail Installment Contract; (2) to enable Shiloh Finance DBA ShiFi (ShiFi LLC) and ShiFi Fund LLC to verify your identity; (3) to service, maintain, and collect payments under your Retail Installment Contract; (4) for marketing purposes including pre-qualifications and other forms of marketing, that may be provided by us and any other service we offer, such as financial management tools, for so long as Shiloh Finance DBA ShiFi (ShiFi LLC), ShiFi Fund LLC, and their assigns have an interest in your Retail Installment Contract or its servicing; and (5) for our own internal use, including statistical analyses and to develop, improve, analyze, study, and maintain products and services we may offer through Shiloh Finance DBA ShiFi (ShiFi LLC), ShiFi Fund LLC, and their assigns, for so long as we have an interest in your Retail Installment Contract or its servicing.

You understand that ShiFi may report information about you (such as on-time, late, and missed payments; any defaults; and the fact you paid oﬀ your Retail Installment Contract) to consumer reporting agencies, and that such information may be reflected in your credit report or other consumer reports about you.

Servicing & Collection. You agree to allow ShiFi to send you payment reminders from time to time. Notwithstanding whether you have consented or withdrawn your consent to the ShiFi E-Sign Consent, you agree that payment reminders may take the form of any available communication, subject to applicable law. You also agree that if you fail to pay an amount owed to ShiFi pursuant to this Agreement or any other agreement you have with us, ShiFi may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.

Communication & Notification. You agree that ShiFi may provide you communications about your account and any ShiFi Service electronically or through phone calls or in writing to any contact information we have on file for you. Standard mobile, message, or data rates may apply and you are responsible for any such fees. ShiFi reserves the right to close or limit access to your account or a Service and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third-party site on which the ShiFi Service relies or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via SMS or other online or mobile notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors, and collectors of your account, to communicate with you in any way, such as calling, texting, or email via:

a. a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),

b. any email address you provide to us, one of our service providers, or one of our Merchants,

c. automated dialer systems and automatic telephone dialing systems, d. pre-recorded or artificial voice messages and other forms of communications.

You also agree that these communications are not unsolicited for purposes of any provincial, state or federal law, and you understand that this may result in additional mobile, text message, or data charges.

You understand and agree that ShiFi may monitor or record telephone conversations you or anyone acting on your behalf has with ShiFi or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with ShiFi may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by ShiFi, and ShiFi does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Notwithstanding this provision, ShiFi's delivery of any Disclosures governed by the ShiFi E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.

Working with Third Parties. If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your ShiFi account, you acknowledge that ShiFi may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold ShiFi responsible for, and will indemnify ShiFi from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to ShiFi or its service provider for the duration of your relationship, solely to help them identify you or your wireless device and to prevent fraud.

Where identity verification services are used for verifying your identity, you agree that you have read, understand and accept the service provider's Terms of Service and Privacy Notice.

Finance Charge: ShiFi Retail Installment Contracts do not include finance charges as they are offered at 0% APR.

Late Payment Fee: You are not charged any late fees when you buy with ShiFi.

a. a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),

b. any email address you provide to us, one of our service providers, or one of our Merchants,

c. automated dialer systems and automatic telephone dialing systems, d. pre-recorded or artificial voice messages and other forms of communications.

Where identity verification services are used for verifying your identity, you agree that you have read, understand and accept the service provider's Terms of Service and Privacy Notice.

3. Your use of ShiFi.

Agreement to Provide Accurate Information. When you provide information to ShiFi or in connection with the ShiFi Services, you agree to provide only true, accurate, current, and complete information about yourself or the business or non-natural person entity that you represent, and you agree not to misrepresent your identity or your account information. You further agree to keep your account information and contact information up to date and accurate and to promptly notify us of any changes to such information.

User Responsible for Fees. If you use the ShiFi Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.

Repayment Methods. You may use one of the acceptable methods of payment set forth in your Retail Installment Contract to make one-time transactions to pay your account as payments become due, or you may set up automatic account payments. Furthermore, nothing in this Agreement will be construed as applying to the extent inconsistent with the Retail Installment Contract related to your transaction.

Access to Your Account. You are responsible for maintaining the secrecy of the login credentials to your ShiFi account and any other access credentials you may use to access your ShiFi account (e.g., the password to your mobile device you use to access a ShiFi App). You must notify us immediately if you believe your login credentials or the security of your ShiFi account has been compromised or stolen. You are responsible for any activity taken on your ShiFi account using your login credentials, except as expressly provided by applicable law. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your ShiFi account and to any third-party account you have used to log in to your ShiFi account. You are also responsible for maintaining the accuracy of the information in your ShiFi account.

Website & App Content. Information on the ShiFi website and in ShiFi Apps is for information purposes only. It is believed to be reliable, but ShiFi does not make any promises as to its completeness, timeliness, or accuracy. The information and materials contained in the Website, and in this Agreement, are subject to change without notice.

Access to the Services may from time to time be unavailable, delayed, limited, or slowed due to, among other things:

servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
overload of system capacities;
damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;
interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; or
any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of ShiFi.

Links to Other Websites. Links to non-ShiFi websites are provided solely as pointers to information on topics that may be useful to users of the Services, and ShiFi has no control over the content on such non-ShiFi websites. ShiFi makes no warranties concerning the content of such websites, including the accuracy, completeness, or reliability of said websites, nor does ShiFi warrant that such websites or content are free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that such sites or content are devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by ShiFi, you must do so at your own risk. ShiFi does not guarantee the authenticity of documents on the Internet. Links to non-ShiFi websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such websites.

Closing Your Account. You may request to close your account at any time by contacting us by email at support@shifi.com. Your request may take up to 30 business days to process. Upon account closure, we may cancel any pending transactions unless otherwise legally prohibited. If you owe any payment, ShiFi will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. ShiFi will retain your information in accordance with our Privacy Policy and any applicable state or federal law, rule, or regulation.

Dormant Accounts. ShiFi may close your account if you do not log into your account or use the ShiFi Services for two or more years. ShiFi will retain your information in accordance with the section above.

Feedback You Provide. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.

Access to the Services may from time to time be unavailable, delayed, limited, or slowed due to, among other things:

servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
overload of system capacities;
damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;
interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; or
any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of ShiFi.

4. How you may not use ShiFi.

By using the ShiFi Services, you agree that:

You will not engage in any activities related to the Services that violate any applicable law, statute, regulation, or ordinance or breach this Agreement or any other agreement or policy you have with ShiFi;
You will not provide false, inaccurate, or misleading information;
You will not provide information belonging to any person other than yourself or use an account that belongs to another person for yourself or on behalf of another person, unless you are applying for a business purpose loan and authorized;
You will not use the Services to purchase: (i) Ammunition, firearms, certain firearm parts or accessories, and certain weapons or knives regulated under applicable law; (ii) Narcotics, steroids, controlled substances, quasi-pharmaceuticals, or drug paraphernalia; (iii) Currency in any form, including virtual and digital currency; and (iv) Any goods or services deemed unacceptable by ShiFi in its sole discretion;
You will not use any device, software, routine, file, or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs, or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data, or personal information from the Services;
You will not use the Services to make payment(s) on an existing ShiFi loan(s). Unless otherwise expressly permitted by ShiFi, you will not use the Services for the purpose of payment for an existing loan(s) or line of credit from another institution;
You will not use the Services to accomplish a cash advance, wire, or money transfer;
You will not commit unauthorized use of ShiFi's Website and systems, including but not limited to unauthorized entry into ShiFi's systems, misuse of passwords, or misuse of any information posted to a site; and
You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial-of-service attacks, "spam," or any other such unsolicited overload technique.

By using the ShiFi Services, you agree that:

You will not engage in any activities related to the Services that violate any applicable law, statute, regulation, or ordinance or breach this Agreement or any other agreement or policy you have with ShiFi;
You will not provide false, inaccurate, or misleading information;
You will not provide information belonging to any person other than yourself or use an account that belongs to another person for yourself or on behalf of another person, unless you are applying for a business purpose loan and authorized;
You will not use the Services to purchase: (i) Ammunition, firearms, certain firearm parts or accessories, and certain weapons or knives regulated under applicable law; (ii) Narcotics, steroids, controlled substances, quasi-pharmaceuticals, or drug paraphernalia; (iii) Currency in any form, including virtual and digital currency; and (iv) Any goods or services deemed unacceptable by ShiFi in its sole discretion;
You will not use any device, software, routine, file, or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs, or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data, or personal information from the Services;
You will not use the Services to make payment(s) on an existing ShiFi loan(s). Unless otherwise expressly permitted by ShiFi, you will not use the Services for the purpose of payment for an existing loan(s) or line of credit from another institution;
You will not use the Services to accomplish a cash advance, wire, or money transfer;
You will not commit unauthorized use of ShiFi's Website and systems, including but not limited to unauthorized entry into ShiFi's systems, misuse of passwords, or misuse of any information posted to a site; and
You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial-of-service attacks, "spam," or any other such unsolicited overload technique.

5. How ShiFi resolves disputes.

Disputes with ShiFi. If a dispute arises between you and ShiFi, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact ShiFi at support@shifi.io to try resolving your problem directly with us.

Mandatory Arbitration. THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE SHIFI SERVICE OR THE WEBSITE.

Unless you are a covered borrower as defined by the Military Lending Act, 10 U.S.C. § 987, and to the extent permitted by applicable law, except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the ShiFi Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and ShiFi shall be resolved by binding arbitration under the Consumer Arbitration Rules ("the Consumer Rules") of the American Arbitration Association ("AAA"), rather than in court. Except as otherwise explicitly provided in this Section, this broadly includes: any claims based in contract, statute, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims, and third-party claims; federal, state, and local claims; and claims which arose before the date of this Agreement. The Federal Arbitration Act ("FAA") and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.

YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.

Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and procedures specified in this Section. Any arbitration will be governed by the then-current Consumer Rules of the AAA, and its Procedures for the Resolution of Disputes through Document Submission ("Document Submission Procedures"). The Consumer Rules are available at the AAA website: www.adr.org. The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. The arbitration will be conducted solely based on written submissions. The arbitration will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. Disputes or controversies about the validity, enforceability, coverage, or scope of this Section or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about the Agreement as a whole are for an arbitrator and not a court to decide.

CLASS ACTION WAIVER: You and ShiFi each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than ShiFi and/or you individually.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Even if all parties have opted to litigate a claim in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative, or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Section. You and ShiFi each agree that any disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Section. In addition, pursuant to the Consumer Rules, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court's jurisdictional limits; but if that action is transferred, removed, or appealed to a different court, arbitration can be elected. If any portion of this Section is inconsistent with the Consumer Rules or other provisions of this Agreement, this Section shall govern. This Section shall survive termination of this Agreement and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. No portion of this Section may be amended absent a written agreement signed by all parties. If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section, except that: (A) If the Class Action Waiver is limited, voided, or found unenforceable, then this Section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Section.

RIGHT TO OPT OUT: If you do not want this Section to apply, you must send ShiFi a signed notice within 30 calendar days after you agree to be bound by the Agreement as described above. You must send the notice in writing (and not electronically) to Shiloh Finance DBA ShiFi (ShiFi LLC), Attn. "Terms of Service Section 5 Opt Out", 29711 N 137th Way, Scottsdale, Arizona 85262. You must provide your name, address, and phone number and state that you "opt out" of Section 5 within the ShiFi Terms of Service. Opting out of this Mandatory Arbitration provision will not affect the other provisions of this Agreement. If you properly and timely opt out of Mandatory Arbitration as described herein, your opt out request will apply only to this Agreement and not any other agreement between us.

Mandatory Arbitration. THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE BY USING THE SHIFI SERVICE OR THE WEBSITE.

YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.

6. Miscellaneous Provisions

Operations. ShiFi operates and controls the Services from its offices in the United States. ShiFi makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ShiFi to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Updating Your Information. You agree that ShiFi is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by ShiFi's failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address, or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity, and/or software; or for other reasons beyond our control.

Enforceability and Governing Law. The failure of ShiFi to exercise or enforce any right or provision of the terms in this Agreement does not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and ShiFi with regard to your use of the ShiFi Services, and any previous Terms of Service that may exist between you and ShiFi are hereby superseded. This Agreement cannot be changed or modified by you except as posted on the Services by ShiFi. Except as provided in Section 5 (Mandatory Arbitration), if any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision, and the remaining provisions shall be enforced. Except as provided in Section 5 (Mandatory Arbitration), the laws of the state of Arizona govern your access to, and use of, the Services and the terms of this Agreement.

Intellectual Property. All content, design, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Services are protected under applicable copyrights, trademarks, and other proprietary rights (including but not limited to intellectual property rights) and owned by ShiFi or one of its affiliates. The copying, redistribution, use, or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents, or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.

Indemnification. You agree to indemnify, defend, and hold ShiFi and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the Services or any violation of these Terms of Service.

DISCLAIMER OF WARRANTY. SHIFI AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP, OR SERVICES. SHIFI AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SHIFI AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.

LIMITATION OF LIABILITY. SHIFI AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THROUGH THE WEBSITE OR THE USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SHIFI AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE SHIFI AND ITS AFFILIATES LIABLE FOR ANY THIRD-PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER SHIFI NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.

Statute of Limitations. You and ShiFi both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Service, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

No Third-Party Beneficiaries. This Agreement is between you and ShiFi. No user has any rights to force ShiFi to enforce any rights it may have against you or any other user.

Covered Borrowers under the Military Lending Act. Notwithstanding any other provision of this Agreement, Sections 5 (Mandatory Arbitration), 6.7 (Limitations of Liability), and 6.8 (Statute of Limitations), and the waiver of defenses provision of Section 6.1 shall not apply to a "covered borrower" under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g). Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.

No Third-Party Beneficiaries. This Agreement is between you and ShiFi. No user has any rights to force ShiFi to enforce any rights it may have against you or any other user.

ShiFi E-Sign Disclosure and Consent Agreement.

Consumer Consent. This E-Sign Consent constitutes your consent to receive Disclosures and other information in electronic form, subject to any limitations under applicable law. In connection with the ShiFi Services, ShiFi is required by law to provide you with certain disclosures in writing on paper. With your consent, ShiFi is permitted to provide those disclosures to you in electronic form instead. If you do not consent to this E-Sign Consent, we may be unable to provide the ShiFi Services to you. By providing your consent as set forth below ("Consent"), you agree to the following: ShiFi may provide Disclosures required by law relating to the ShiFi Services and any other information about your legal rights and duties and your account to you electronically.

Delivery. ShiFi may send any communications, billing statements, or required disclosures, such as initial and annual privacy notices (together, "Disclosures") to you electronically via our Website or to the email address or mobile telephone number that you have provided to us, either directly or indirectly via the merchant to whom ShiFi will send funds on your behalf. ShiFi may notify you via email when the Disclosures are available. The Disclosures will be available for at least 30 days and will be provided to you in a format that can either be printed or downloaded for your records. By providing your consent, you also agree to the use of electronic signatures. This consent applies to any transaction undertaken through the provision of Services in the past, to all future Disclosures and communications on your account, to all future transactions in which you use the Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email. We may always, in our sole discretion, provide you with any Disclosures in writing or send it to you via mail or other means of delivery, even if you have chosen to receive it electronically. We may require any information you provide to us, or any document you sign, to be delivered to us in writing. You should print or download a copy of any Disclosures for your own records.

Your option to receive paper copies. If we provide a Disclosure to you electronically, and you want a paper copy, you may contact customer service at (213) 286-2791 and request a paper version. We do not charge fees for paper copies.

Minimum Requirements. You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer or mobile device with an Internet connection running a Current Version of an operating system we support, a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.

By "Current Version", we mean a version of the software currently supported by its 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 our use of electronic Disclosures.

If we change these hardware or software requirements, and that change creates a material risk that you would not be able to access or retain your electronic Disclosures, we will notify you of the revised hardware or software requirements. Your continued use of Website or ShiFi App will be deemed your consent to continue receiving electronic Disclosures with the revised hardware and software requirements.

Withdrawing Consent. You are free to withdraw your Consent at any time. If at any time you wish to withdraw your Consent, you can send us your request by submitting a written request to us at Shiloh Finance DBA ShiFi (ShiFi LLC), Attn: Electronic Communications Delivery Policy, 29711 N 137th Way, Scottsdale, Arizona 85262. Any withdrawal of your Consent will be effective after we actually receive it and have a reasonable opportunity to act upon it. The legal effectiveness, validity and/or enforceability of electronic Disclosures we sent before your Consent is effective will not be affected. If you withdraw your Consent, ShiFi may close or limit access to your account and the ShiFi Services. You agree to pay any amount owed to ShiFi even if you withdraw your Consent and we close or limit access to your account.

You must keep your contact information current with us. You must notify us immediately of any change to the email, telephone, or mailing addresses you provide to us ("Contact Information"). You can make changes to your Contact Information by changing your profile information through our online service or contacting customer service at (213) 286-2791.

Legal Effect. Your consent to this E-Sign Consent means that Disclosures ShiFi provides to you electronically shall have the same meaning and effect as if provided in paper form. A text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if ShiFi had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to the Withdrawing Consent section, above, prior to receiving such Disclosures.

You Consent to Electronic Disclosures. Before using the ShiFi Services, you will be asked for your agreement to the ShiFi Terms of Service, including this ShiFi E-Sign Consent Agreement, by clicking "Submit Application." This action constitutes your electronic signature and manifests your Consent and agreement to ShiFi E-Sign Consent Agreement. If you do not provide your Consent, you may not use the ShiFi Services and must discontinue your use of the ShiFi Services immediately.