Terms and Conditions

1. Eligibility

Use of the Blink App and access to Blink's Earned Wage Access services are restricted to individuals who meet all of the following criteria. The user must be at least eighteen (18) years of age or older, which is the age of majority under applicable law. Furthermore, the user must be a legal resident of the United States with valid work authorization documentation and must reside in a state where Blink is authorized to deliver its services under applicable state law. Rise Digital Finance Corp is organized and existing under the laws of the State of Florida and provides its services pursuant to Florida law, subject to applicable federal law and mandatory non-waivable consumer protection laws of the user's state of residence.

Currently, Blink's services are available exclusively to residents of the following states: Florida, Texas, Georgia, Tennessee, North Carolina, Nevada, Arizona, and Utah. Blink reserves the right to expand, restrict, suspend, or discontinue service availability in any jurisdiction at its discretion and in accordance with applicable federal and state law.

The user must possess a valid and active checking account issued by a federally or state-chartered U.S. financial institution that is legally authorized to operate in the United States and in the user's state of residence, supports ACH transactions, and is eligible for electronic funds transfers under Regulation E, applicable federal law, and, where applicable, the Florida Money Transmitter Code (Chapter 560, Florida Statutes). This account must be in good standing and not subject to any legal encumbrances or limitations that would prevent successful electronic funds transfer.

Users must also provide accurate and verifiable personal and financial information including, but not limited to, full legal name, residential address, date of birth, Social Security number or other government-issued identification as required by applicable law (including but not limited to F.S. § 560.125 where applicable), employer information, and access credentials for bank account linking through authorized third-party providers who comply with Florida data security requirements under F.S. § 501.171 (Florida Information Protection Act), maintain appropriate cybersecurity measures, comply with applicable federal banking regulations, maintain SOC 2 Type II certification or equivalent industry-standard security certifications, and implement annual security audits and data breach notification protocols consistent with applicable federal and state law.

Blink reserves the right, subject to applicable consumer protection laws including the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), to deny access to its services or suspend an existing account upon at least fifteen (15) days' prior written notice, should it detect discrepancies, suspicious activity, potential violations of any eligibility requirement, or other activities that may violate applicable anti-fraud statutes (including but not limited to F.S. § 817.001 et seq.) or other applicable state or federal law, except where immediate action is necessary to prevent fraud, comply with regulatory obligations, or protect system security.

Blink may also disqualify any applicant or user who provides inaccurate, misleading, or fraudulent information or who otherwise attempts to circumvent Blink's identity verification protocols or risk-based assessment tools. Nothing in these Terms shall be construed as a guarantee or entitlement to receive Blink services.

2. BlinkAdvance® Service

The BlinkAdvance® service is a core feature of the Blink App, designed to provide eligible users with non-recourse earned wage access ("EWA") in the form of a fixed-sum advance based on income already accrued but not yet paid. This service is structured to provide access to earned wages and, as currently operated, does not constitute a loan, credit facility, or deferred presentment transaction under Florida law, and is not governed by the Truth in Lending Act (TILA) or Chapter 560, Florida Statutes. This classification is based on the current regulatory framework and interpretation of applicable laws, including Florida Office of Financial Regulation guidance on earned wage access programs and CFPB Advisory Opinion 2020-06.

BlinkAdvance® is offered as an earned-wage-access program consistent with CFPB Advisory Opinion 2020-06 and applicable state regulatory guidance. The Service: (i) advances fixed amounts of twenty-five dollars ($25.00), fifty dollars ($50.00), or one hundred dollars ($100.00), based solely on wages already earned but not yet paid; (ii) charges only a flat transaction fee that does not vary with time outstanding; and (iii) deducts repayment on or before the next pay date designated by the user.

BlinkAdvance® is currently available to eligible residents of Florida, Texas, Georgia, Tennessee, North Carolina, Nevada, Arizona, and Utah, subject to applicable federal and state law. While Florida law governs these Terms in the event of conflict as provided in Section 16, Blink will comply with any non-waivable consumer protection requirements of the user's state of residence.

Based on these structural features, current regulatory guidance, and analysis of applicable Florida statutes and regulations, Blink has determined that the Service is not a "loan," "credit," or "deferred-presentment transaction" under Chapter 516 (Florida Consumer Finance Act) or §§ 560.402–.408 (Deferred Presentment). Nothing herein shall be construed to waive any non-waivable protections under applicable state or federal law.

Your Acknowledgment. You agree that each advance constitutes a contractual obligation to repay Blink the principal amount plus the disclosed flat transaction fee. Failure to repay constitutes a breach of contract.

Strictly Non-Recourse; Limitation of Remedies. BlinkAdvance® is structured and operated as a strictly non-recourse earned wage access product. In the event of repayment shortfall, including without limitation insufficiency of funds upon scheduled ACH debit, failure of payroll deduction, or any other circumstance resulting in partial or total non-payment of the advance principal and associated transaction fee, Blink shall not, and hereby covenants that it shall not: (a) assign, transfer, convey, or otherwise dispose of any outstanding balance or repayment obligation to any third party, including but not limited to licensed collection agencies, debt purchasers, or debt collectors; (b) sell, factor, securitize, or otherwise monetize any user indebtedness or repayment obligation; or (c) report, furnish, or submit any information regarding repayment activity, delinquency, or default to any consumer reporting agency as defined under the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f), or any credit bureau, credit repository, or similar entity. For the avoidance of doubt, Blink's sole and exclusive remedies in connection with any repayment shortfall shall be limited to: (i) suspension or termination of the user's access to future BlinkAdvance® disbursements; and (ii) exercise of set-off rights against any funds lawfully held by Blink for the benefit of the user, to the extent permitted under applicable law including the Florida Uniform Commercial Code and Regulation E. Nothing herein shall be construed to create any obligation on the part of Blink to pursue collection activity, and Blink expressly disclaims any such obligation. The foregoing limitations apply solely to BlinkAdvance® when operated as an earned wage access product and are without prejudice to Blink's rights under the Regulatory Re-characterization provisions set forth herein.

In addition, if Blink determines, based on reasonable investigation, that a user has engaged in fraudulent or abusive conduct, including but not limited to: initiating a return or chargeback with a financial institution while the repayment obligation remains valid and outstanding; intentionally disconnecting or disabling the linked bank account to avoid an authorized ACH debit; misrepresenting account ownership; or engaging in other suspicious activity intended to evade repayment, Blink may treat such conduct as fraud and may pursue all remedies available under applicable state and federal law, including reporting suspected fraudulent activity to appropriate authorities.

Regulatory Re-characterization. If a court or regulator later determines that BlinkAdvance® constitutes a loan or deferred-presentment product, or if Blink modifies the Service such that it no longer meets EWA criteria, then: Blink will convert outstanding and future advances to a 0% interest, no-fee consumer loan and will provide any disclosures required under the Truth in Lending Act, Chapter 516, Chapter 560, or other applicable law; all principal will remain due as scheduled; and Blink may use all remedies available to a creditor under applicable law. Blink will provide at least fifteen (15) calendar days' written notice before any such change takes effect unless a shorter period is required by law.

Eligible users may request only one (1) active BlinkAdvance® at a time. Advances are limited to $25, $50, or $100 per pay cycle. The specific amount for which a user may qualify is determined solely by Blink's proprietary decisioning model, which evaluates transactional cash-flow behavior, deposit patterns, account stability, repayment history (if applicable), and other objective financial indicators derived from user-authorized open banking data.

Blink does not perform credit risk assessment, credit bureau inquiries, or FICO-based credit checks. Eligibility is based solely on income verification and cash flow patterns from the user's linked financial account(s), not on creditworthiness or credit history. Users are solely responsible for connecting their primary and most actively used financial account. If a user connects an account that does not accurately reflect their primary income activity or overall financial movement, eligibility results may be adversely affected. Blink shall not be responsible for denial decisions resulting from incomplete, inactive, secondary, or misrepresented account connections.

The user agrees to pay a flat transaction fee as consideration for use of the BlinkAdvance® service. The fee will be clearly and conspicuously disclosed prior to each transaction in accordance with Florida consumer disclosure requirements and other applicable state law. The fee does not vary based on repayment timing or user behavior, except as expressly provided in any Early Repay Reward program.

Blink does not assess interest, annual percentage rates (APR), late fees, rollover fees, or variable time-based charges. Blink does not perform credit bureau reporting for ordinary repayment activity. All BlinkAdvance® transactions are discretionary, and Blink reserves the right to approve or deny requests based on objective eligibility criteria, compliance requirements, fraud prevention measures, and operational risk controls, consistent with applicable consumer protection laws including FDUTPA and other applicable state statutes.

Use of the BlinkAdvance® service is entirely optional and must be affirmatively selected and authorized by the user for each disbursement.

3. BlinkInsights®

BlinkInsights® offers informational and analytical tools, regulated under Florida Statute § 494.00115 (Florida Loan Originator Act), Florida Administrative Code Rule 69V-560.1013, Florida Administrative Code Rule 69V-560.1012, and other applicable Florida financial services regulations, as well as applicable federal law and non-waivable consumer protection laws of the user's state of residence, that help users understand their financial behaviors and improve money management. This feature analyzes information obtained from linked external financial accounts, providing personalized reports and suggestions for budgeting and cash flow. Use of BlinkInsights® is entirely optional and may be discontinued by the user at any time, and is not a condition of eligibility for BlinkAdvance® or any other Blink product.

The BlinkInsights® feature is a complimentary and non-binding financial information service provided by Blink as part of the Blink App. Its primary purpose is to empower users with personalized financial data analysis, aiming to improve awareness and understanding of individual spending behaviors, income stability, and overall cash flow management.

BlinkInsights® aggregates and analyzes financial data obtained from user-linked external financial accounts in accordance with Florida Statutes § 501.171 (Florida Information Protection Act), the Gramm-Leach-Bliley Act (GLBA), and other applicable federal and state data protection laws. Through authorized third-party data aggregators operating in compliance with FIPA, Florida Administrative Code Rule 69V-560.1013, federal regulations, and comparable privacy standards in the user's state of residence, Blink accesses transactional records, balance histories, recurring debits, deposits, and other indicators of financial behavior necessary for service provision.

It is expressly acknowledged by the user that BlinkInsights® is an informational service only and does not constitute legal, tax, investment, financial, or credit counseling advice under Florida law or the law of any other jurisdiction. Users should consult appropriate licensed professionals for advice regarding personal financial decisions. Reliance upon any insights, reports, or suggestions provided through the Blink App is entirely at the user's discretion and risk.

While Blink endeavors to ensure the accuracy and timeliness of financial insights, no guarantee is made regarding completeness, real-time accuracy, or fitness for any particular purpose. Delays or inaccuracies may occur due to third-party data integration latency or discrepancies in external financial accounts.

Except as otherwise required by Florida law, including but not limited to Florida Statute § 501.211 (FDUTPA), and other applicable state consumer protection statutes, Blink is not liable for decisions made by users based on BlinkInsights®, provided that this limitation does not apply to damages resulting from Blink's gross negligence, willful misconduct, or violations of applicable law.

Blink reserves the right to modify, suspend, or discontinue BlinkInsights® with reasonable advance notice of at least thirty (30) days, except where immediate changes are required for security, fraud prevention, regulatory compliance, or operational integrity.

4. Data Access and Usage

In order to provide core functionalities such as BlinkAdvance® and BlinkInsights®, the Blink App requires access to user-permissioned financial data through third-party data aggregation services, including but not limited to Plaid Inc. By linking external bank account(s) within the Blink App, the user explicitly consents to the collection, use, processing, and storage of financial data as permitted under Florida law, applicable federal regulations, and non-waivable consumer protection and privacy laws of the user's state of residence, for purposes including service delivery, eligibility assessment, fraud prevention, underwriting evaluation, compliance verification, risk management, and operational improvement.

Upon granting access, and consistent with the Florida Information Protection Act (F.S. § 501.171), Blink is authorized to retrieve and securely maintain only the financial information reasonably necessary for service provision, including current account balances, transaction histories, deposit and withdrawal activity, recurring obligations, income flow patterns, and associated metadata required to support Blink's proprietary decisioning and fraud detection processes.

All financial data collection, storage, and retention shall comply with FIPA, federal privacy frameworks including GLBA, Regulation E, and other applicable state data protection requirements. Blink maintains administrative, technical, and physical safeguards designed to protect personal information, including encryption in transit and at rest consistent with Florida Statute § 501.171(2) and industry-standard security practices.

Blink does not sell, lease, rent, or commercially exploit user financial data. Data is used solely for internal service provision, compliance obligations, fraud prevention, and lawful operational purposes, except where otherwise required by law or authorized by the user.

Users may revoke consent for ongoing data access at any time by disconnecting linked financial accounts within the Blink App. Upon revocation, Blink will cease retrieving new data; however, previously collected data may continue to be retained and processed in accordance with applicable legal retention requirements, including Florida Administrative Code Rule 69V-560.1012 and other applicable federal or state law.

Requests for permanent data deletion must be submitted in writing and will be processed in accordance with FIPA and other applicable state privacy laws, subject to identity verification, outstanding financial obligations, and mandatory regulatory retention requirements. Blink will respond within forty-five (45) days or such shorter period as required by applicable law.

Use of the Blink App following disclosure of these terms constitutes acknowledgment and acceptance of the foregoing data access and usage provisions. Users who decline to grant necessary financial data access will not be eligible to use BlinkAdvance® or other features requiring bank integration.

5. Repayment Terms

All BlinkAdvance® disbursements to eligible users are subject to mandatory automatic repayment on the date selected by the user at the time of disbursement confirmation. By initiating a BlinkAdvance®, the user agrees and authorizes Blink, through its authorized payment processing partners, to collect repayment using the payment method(s) selected and maintained on file, including but not limited to Automated Clearing House (ACH) debit transactions, debit card transactions, and credit card transactions, in an amount equal to the original advance plus the applicable fixed transaction fee as disclosed during transaction confirmation. Such authorization is provided in accordance with Regulation E, the Florida Electronic Signature Act (§ 668.50, Florida Statutes), applicable federal electronic funds transfer laws, card network operating rules, and other applicable federal and state payment regulations.

Repayment is scheduled on a user-designated date, which must occur within fifteen (15) calendar days of disbursement unless a shorter period is required by applicable law. On the scheduled repayment date, Blink will initiate collection through the selected authorized payment method.

The user is solely responsible for ensuring that sufficient funds are available in their designated primary linked account or selected payment method to cover the full repayment amount. Users acknowledge that connecting an inactive, secondary, restricted, or non-primary account may increase the likelihood of repayment failure, denial of future eligibility, or account suspension.

If Blink reasonably determines, following internal review, that a user intentionally connected, substituted, restricted, or disconnected a financial account or payment method for the purpose of avoiding repayment, delaying authorized collection, initiating a chargeback or ACH return dispute while the repayment obligation remains valid and outstanding, or otherwise obstructing lawful collection efforts, such conduct may constitute fraud or deceptive conduct under applicable law, including but not limited to F.S. § 817.001 et seq., FDUTPA, and comparable anti-fraud statutes in the user's state of residence. Blink reserves the right to investigate such conduct and pursue remedies available under applicable law.

If the available balance in the linked account or authorized payment method is insufficient to satisfy the full repayment amount, Blink may initiate a partial collection up to the available amount and may retry the remaining balance in accordance with NACHA Operating Rules, card network rules, and applicable state law. Blink does not assess interest, compounding fees, rollover charges, or time-based finance charges.

During any period in which an advance remains partially or fully unpaid, the user will not be eligible to receive a new BlinkAdvance®. Access to additional services may be suspended pending resolution of outstanding balances.

Blink does not impose overdraft or nonsufficient funds (NSF) fees. However, financial institutions or card issuers may independently impose such fees. Blink shall not be responsible for bank- or issuer-assessed charges except in cases of gross negligence or willful misconduct.

The user's continued use of BlinkAdvance® constitutes acceptance of these repayment terms. For questions about repayment or to discuss account options, users may contact Blink at support@blinkfinances.com.

6. User Responsibilities

As a condition of continued use of the Blink App and its associated services, including but not limited to BlinkAdvance® and BlinkInsights®, and in accordance with Florida consumer protection requirements and other applicable federal and state law, all users must fulfill responsibilities designed to ensure the integrity, compliance, and operational reliability of the Blink platform.

Each user agrees to provide accurate, complete, and up-to-date personal information during registration and at all times thereafter. This includes, but is not limited to, legal name, physical address, date of birth, employment status, primary financial institution, and any other information reasonably required by Blink to verify identity, assess eligibility, prevent fraud, and comply with Know Your Customer (KYC), Anti-Money Laundering (AML), and other regulatory obligations under Florida law, including but not limited to F.S. § 560.123, and comparable federal and state requirements.

Users must maintain sufficient available funds in their designated primary linked financial account or authorized payment method beginning at least one (1) business day prior to and continuing through the scheduled repayment date to satisfy any outstanding BlinkAdvance® and associated transaction fee.

Users agree to actively monitor their account activity and notify Blink immediately upon becoming aware of anomalies, unauthorized transactions, chargebacks, ACH disputes, suspicious activity, or potential identity compromise. Failure to provide timely notice may result in service interruption or suspension.

In the event a user anticipates an inability to fulfill repayment obligations due to hardship, the user must contact Blink in advance at support@blinkfinances.com to discuss potential remedies. Blink may, in its discretion and consistent with applicable law, offer temporary accommodations or alternative arrangements where appropriate.

Users agree not to misrepresent income, falsify transaction history, intentionally connect misleading or non-primary accounts, initiate chargebacks or ACH disputes while a valid repayment obligation exists, disconnect authorized payment methods to evade repayment, or otherwise manipulate financial information to deceive Blink's underwriting or risk assessment systems. Such conduct may constitute fraud or deceptive conduct under F.S. § 817.001 et seq., FDUTPA, the Florida Communications Fraud Act (§ 817.034), the Florida Computer Crimes Act (§ 815.01 et seq.), and comparable statutes in the user's state of residence. Blink reserves the right to investigate such conduct and pursue lawful remedies.

Blink requires users to communicate changes to linked financial accounts, repayment schedules, or contact information at least three (3) business days prior to any scheduled transaction by submitting written notice to support@blinkfinances.com. Failure to provide timely notice may result in missed payments, account restrictions, or temporary suspension of services.

Failure to comply with these responsibilities may result in temporary or permanent suspension of Blink services, denial of future BlinkAdvance® eligibility, or other lawful remedial action consistent with applicable federal and state law.

7. Authorization for ACH and Electronic Payment Transactions

As a condition of using BlinkAdvance® and related services, the user provides express written authorization, in accordance with Regulation E, the Florida Electronic Signature Act (§ 668.50, Florida Statutes), the Florida Consumer Collection Practices Act (§ 559.55 et seq.), and other applicable federal and state electronic funds transfer laws, for Blink and its designated payment processors to initiate electronic payment transactions using authorized payment methods maintained on file.

Such authorization includes, but is not limited to: ACH debit entries through the Automated Clearing House network; debit card transactions; credit card transactions; and re-presentment attempts consistent with NACHA Operating Rules and card network regulations. This authorization applies to collection of principal, flat transaction fees, administrative reversals where applicable, refunds, and Early Repay Rewards where applicable.

The authorization remains in full force until the repayment obligation is satisfied in full or properly revoked in accordance with applicable law. Any revocation request must be submitted in writing with reasonable advance notice and may require establishment of an alternative lawful repayment method.

Users retain rights under Regulation E and applicable state law to dispute unauthorized transactions. However, initiating a chargeback or payment dispute for a valid and authorized BlinkAdvance® repayment obligation may be investigated as potential fraud if evidence suggests intentional evasion of repayment.

All payment processing shall comply with NACHA Operating Rules, card network rules, the Florida Uniform Commercial Code (Chapter 670, Florida Statutes), and other applicable federal and state laws.

The user affirms that they are the lawful holder or authorized user of the financial account or card used for repayment and that such account or card is not subject to legal restriction impairing enforceability of this authorization.

Blink shall not be liable for fees assessed by a user's bank or card issuer, except in cases of gross negligence or willful misconduct.

8. Service Availability and Limitations

Blink endeavors to maintain consistent, secure, and uninterrupted access to the Blink App and associated services across all authorized states of operation. However, users acknowledge that service availability may occasionally be delayed, suspended, or disrupted due to maintenance, third-party outages, payment processor interruptions, data aggregation failures, telecommunications issues, or events beyond Blink's reasonable control, including force majeure events such as natural disasters, governmental action, or system-wide network disruptions.

Blink does not guarantee continuous or error-free operation of the App and does not warrant that all defects will be corrected immediately. Except as required by Florida law or other applicable non-waivable consumer protection statutes, Blink shall not be liable for service interruptions except in cases of gross negligence or willful misconduct.

Blink reserves the right, subject to applicable law and reasonable notice requirements, to modify, suspend, restrict, or discontinue any feature or functionality of the Blink App, including BlinkAdvance® and BlinkInsights®, where necessary for compliance, fraud prevention, operational stability, or risk management.

Blink may refuse or limit advance requests based on eligibility changes, fraud indicators, payment network limitations, regulatory developments, or compliance requirements consistent with federal and state law. Continued use of Blink constitutes acceptance of the operational limitations inherent in digital financial service platforms.

9. Fees and Disclosures

In accordance with Florida Statutes § 501.201 et seq. (FDUTPA), F.S. § 501.0117, and other applicable federal and state consumer protection laws, Blink provides clear, conspicuous, and pre-transactional disclosure of all applicable fees.

Users are presented with a full summary of charges associated with each BlinkAdvance®, including the fixed transaction fee and selected disbursement method, prior to final authorization.

Blink does not charge interest, APR, compounding fees, rollover fees, late fees, gratuities, voluntary tips, or time-based finance charges. All transaction fees are fixed and disclosed in advance.

Blink shall not be responsible for overdraft or NSF fees imposed independently by financial institutions or card issuers.

Subject to applicable law, Blink reserves the right to update its fee schedule with at least thirty (30) days' prior notice for material changes.

Blink maintains records of disclosed fees and user acknowledgments for a minimum of five (5) years in accordance with Florida Administrative Code Rule 69V-180.080 and other applicable regulatory retention standards.

9.1 Annual Membership & Platform Access Fee

(a) Nature of the fee. To access premium in-app functionality, including eligibility evaluation for BlinkAdvance®, enhanced cash-flow analytics, and advanced budgeting tools, users may purchase an Annual Membership for $13.99 (the "Membership Fee"). The Membership Fee provides platform access and premium feature availability only and does not guarantee approval for BlinkAdvance®.

(b) Term; renewal. The Membership term is twelve (12) months from purchase date. Membership does not auto-renew unless the user opts into renewal within the App. If auto-renewal is selected, Blink will provide a renewal reminder at least thirty (30) days prior to renewal date.

(c) No refunds. Membership Fees are non-refundable and non-creditable to the maximum extent permitted by law, except where required by applicable consumer protection statutes.

(d) No finance charge; not a condition of credit. The Membership Fee is not interest, not a finance charge, and is not contingent upon approval amount, repayment timing, or underwriting outcome. Payment of the Membership Fee does not increase likelihood of approval.

(e) How charged. The Membership Fee is charged to the selected payment method at purchase and renewal (if applicable). Applicable taxes are disclosed at checkout.

(f) Effect of denial. If a user is not approved for BlinkAdvance®, premium features remain accessible for the remainder of the Membership term.

9.2 Optional Express Eligibility Review Fee

(a) What it is. Users may purchase an Express Eligibility Review to expedite review of a BlinkAdvance® eligibility request. The Express Fee is $6.99 per request and covers prioritized operational handling only. It does not affect underwriting criteria or approval outcome.

(b) Service level (target only). Standard review may take multiple business days. Express review targets a decision within twenty-four (24) hours during business hours (9:00 a.m.–5:00 p.m. Eastern Time, Monday–Friday, excluding federal holidays). This is a target, not a guarantee.

(c) No refunds. Express Fees are non-refundable once review has commenced, to the maximum extent permitted by law.

(d) No effect on disbursement speed. Express review concerns underwriting timing only. Disbursement speed is governed separately by selected payment rail.

(e) No finance charge. The Express Fee is an operational processing fee and is not interest or a finance charge.

10. Compliance with Applicable Law

Blink operates in compliance with applicable federal law, the Florida Money Transmitter Code (Chapter 560, Florida Statutes), FDUTPA (F.S. § 501.201 et seq.), the Florida Information Protection Act (F.S. § 501.171), F.S. § 817.001 et seq., and other relevant Florida statutes governing financial services operations. Blink also complies with applicable federal regulations, including but not limited to Regulation E (Electronic Fund Transfer Act), the Gramm-Leach-Bliley Act (GLBA), and applicable card network operating rules.

In addition to Florida law, Blink recognizes and complies with the non-waivable consumer protection, financial services, electronic funds transfer, fraud prevention, and privacy statutes of the user's state of residence, to the extent such laws apply to the services provided.

Nothing in these Terms and Conditions shall be interpreted to waive, limit, or restrict any non-waivable consumer rights provided under federal law or the law of the user's state of residence.

Blink maintains policies and procedures designed to ensure regulatory compliance, fraud detection, identity verification, and consumer transparency consistent with applicable federal and state law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, including Florida law and the non-waivable consumer protection statutes of the user's state of residence, Blink, its affiliates, officers, directors, employees, agents, and service providers shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to use of the Blink App or its services.

Blink's total cumulative liability for any claim arising under these Terms and Conditions shall not exceed the total amount of fees paid by the user to Blink within the twelve (12) months preceding the event giving rise to the claim.

This limitation shall not apply to damages resulting from Blink's gross negligence, willful misconduct, fraud, or violations of applicable law that cannot legally be limited or disclaimed.

Blink shall not be liable for damages resulting from third-party service interruptions, payment processor outages, data aggregation failures, banking network disruptions, force majeure events, or acts outside Blink's reasonable control.

Users acknowledge that BlinkAdvance® provides short-term liquidity and is not intended to replace long-term financial planning. Blink shall not be liable for financial decisions made by users based on use of the platform.

12. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the Blink App, BlinkAdvance®, BlinkInsights®, Membership Fees, Express Fees, repayment obligations, or any related services shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA), unless otherwise prohibited by applicable law.

Arbitration shall be conducted on an individual basis and not as a class action, consolidated action, or representative proceeding. Users waive the right to participate in any class action lawsuit or class-wide arbitration against Blink, except where such waiver is prohibited by law.

Arbitration shall take place in the State of Florida; however, where required by applicable law, arbitration may occur in the county of the user's residence. The arbitrator shall apply the laws of the State of Florida, except that non-waivable consumer protection rights under federal law or the user's state of residence shall remain enforceable.

Nothing in this section shall prevent a party from seeking injunctive or equitable relief in a court of competent jurisdiction where necessary to prevent fraud, misuse of intellectual property, unauthorized access to systems, or other unlawful conduct.

If any portion of this arbitration provision is found unenforceable under applicable law, the remaining provisions shall remain in full force and effect.

13. Waiver of Claim of Garnishment

To the extent permitted by Florida law and other applicable state and federal law, the user acknowledges and agrees that Blink may exercise lawful collection remedies in the event of a material breach of repayment obligations.

Nothing in these Terms authorizes Blink to engage in unlawful wage garnishment, unlawful account seizure, or any collection practice prohibited by the Florida Consumer Collection Practices Act (F.S. § 559.55 et seq.), the federal Fair Debt Collection Practices Act (FDCPA), or comparable statutes in the user's state of residence.

Any collection action pursued by Blink shall comply strictly with applicable law, and the user retains all non-waivable rights and protections afforded under federal and state law.

This provision does not constitute a waiver of statutory protections against unlawful garnishment or improper collection practices.

14. Attorney Fees Provision

In the event of a dispute arising from a material breach of these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs to the extent permitted by applicable Florida law and other applicable state or federal law.

This provision shall not apply in circumstances where attorney fee recovery is prohibited by applicable consumer protection statutes or where such recovery would violate non-waivable rights provided under federal or state law.

Nothing in this section shall be construed to limit a user's statutory right to recover attorney's fees where such right is expressly provided by law.

15. Liquidated Damages Clause

In the event that Blink reasonably determines, following internal review and documentation, that a user has engaged in willful fraud, intentional misrepresentation, deliberate chargeback abuse, unauthorized payment disputes while a valid repayment obligation remains outstanding, intentional disconnection or substitution of payment methods to evade repayment, identity falsification, or other deceptive conduct intended to cause financial harm to Blink, Blink may pursue lawful remedies available under applicable federal and state law.

To the extent permitted by Florida law and other applicable state law, and where such conduct results in measurable administrative, investigative, compliance, operational, and payment network dispute costs, Blink may seek recovery of reasonable liquidated damages in an amount not to exceed five hundred dollars ($500) per incident, in addition to any unpaid BlinkAdvance® principal amount and applicable fixed transaction fee that remains outstanding, representing a reasonable estimate of internal costs associated with fraud investigation, payment network dispute management, compliance reporting, account remediation, and recovery efforts.

The parties acknowledge that actual damages resulting from intentional fraudulent conduct may be difficult to quantify at the time of contracting and that the foregoing amount represents a reasonable pre-estimate of administrative and operational harm and is not intended as a penalty.

This provision shall not apply in cases of good-faith payment disputes, unauthorized transaction claims protected under Regulation E, or situations where the user demonstrates absence of intent to deceive.

Nothing in this section limits Blink's right to pursue additional remedies where permitted by law, including recovery of actual damages, attorney's fees where authorized, injunctive relief, or referral to appropriate law enforcement authorities.

16. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Rise Digital Finance Corp is organized under the laws of the State of Florida, and the parties expressly agree that Florida law governs this agreement and its interpretation.

Notwithstanding the foregoing, any non-waivable consumer protection rights provided under federal law or the law of the user's state of residence shall remain applicable and enforceable to the extent required by law.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

To the extent any provision of these Terms conflicts with mandatory provisions of federal law or the law of the user's state of residence, such mandatory provisions shall control, and the remaining Terms shall remain in full force and effect.

17. Modifications to Terms

Blink reserves the right to modify, amend, or update these Terms and Conditions at any time to reflect changes in law, regulatory guidance, operational practices, risk management procedures, fee structures, or service functionality.

Material changes will be communicated to users through the Blink App, email notification to the address on file, or other reasonable means consistent with applicable law. Where required by law, Blink will provide advance notice of at least thirty (30) days prior to implementation of material changes affecting user rights or obligations.

Continued use of the Blink App following the effective date of updated Terms constitutes acceptance of the revised Terms and Conditions.

If a user does not agree to any modification, the user must discontinue use of the Blink App and satisfy any outstanding repayment obligations in accordance with these Terms.

Modifications shall be subject to applicable federal and state notice requirements and shall not retroactively impair vested consumer rights.

18. Severability, Waiver, and Survival

If any provision of these Terms and Conditions is determined by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable under applicable law, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

Failure by Blink to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that or any other provision.

Any waiver of rights must be in writing and signed by an authorized representative of Blink.

Provisions relating to repayment obligations, dispute resolution, arbitration, fraud prevention, limitation of liability, data usage, governing law, and compliance shall survive termination of a user's account or cessation of service use.

These Terms constitute the entire agreement between the user and Blink with respect to the subject matter herein and supersede any prior agreements or representations.

19. Notices, Communications, and Contact Information

Blink may provide notices to users through in-app notifications, email to the address on file, SMS messages where authorized, or other reasonable electronic communication methods consistent with applicable law.

Users agree to maintain accurate and current contact information within the Blink App and acknowledge that failure to update contact information may result in missed communications, including repayment reminders or legal notices.

Any formal notice to Blink regarding disputes, revocation of payment authorization, hardship communication, data deletion requests, or legal correspondence must be submitted in writing to:

Rise Digital Finance Corp
[Insert Registered Business Address]
Email: support@blinkfinances.com

Blink will respond to consumer inquiries and written communications within a commercially reasonable timeframe consistent with applicable federal and state law.

For general customer support, repayment assistance, or account inquiries, users may contact Blink at support@blinkfinances.com. These communication provisions shall be interpreted in accordance with Florida law and applicable federal electronic communications regulations.