1.1 What Flash Pay Is

Flash Pay is a technology-enabled bill payment facilitation service operated by FlashFunding LLC d/b/a Flash Pay. Flash Pay coordinates vendor payment logistics for customers who wish to pay bills, rent, utilities, tuition, and professional service vendors using their existing credit cards. Flash Pay is NOT a bank, credit union, money transmitter, payment processor, or licensed financial institution. Flash Pay does not hold, transmit, or move customer funds in a wallet or stored-value account.

1.2 How the Service Works

When you submit a payment request:

1. Flash Pay reviews and verifies your request and identity;
2. Flash Pay executes a Loan Agreement with you;
3. Flash Pay pays your bill from FlashFunding LLC's own funds via ACH bank transfer directly to your payee;
4. Flash Pay charges your credit card as repayment of that loan plus a flat service fee.

The credit card charge is a loan repayment — it is NOT a purchase of goods or services, a cash advance, or a money transmission.

1.3 Acceptance of Terms

1.4 Updates to Terms

Flash Pay may update these Terms at any time. Material changes will be posted on our website. Continued use of the service after the effective date of any change constitutes acceptance of the updated Terms.

2.1 Requirements

To use Flash Pay you must:

• Be at least 18 years of age and a legal U.S. resident;
• Provide a valid government-issued photo ID (driver's license, state ID, or passport);
• Be the primary cardholder, or an authorized user with primary cardholder's express prior written consent, of the credit card used for repayment;
• Have a valid U.S. credit card issued on Visa, Mastercard, American Express, or Discover;
• Not be under any legal disability, active bankruptcy proceedings, or court order restricting your ability to contract;
• Not have previously been suspended or banned from Flash Pay;
• Not be using the service for any Restricted Activity listed in Section 7.

2.2 Right to Refuse

Flash Pay reserves the right to refuse, cancel, or limit service to any customer at any time for any reason, including suspected fraud, chargeback history, identity verification failure, or violation of these Terms. Flash Pay is not required to disclose the reason for any refusal.

2.3 Representations at Account Opening and at Each Transaction

Each time you submit a payment request, you represent and warrant to Flash Pay that:

• All information you have provided is true, accurate, complete, and current;
• You have the authority to authorize the credit card charge;
• The payment is for a legitimate bill owed by you to the identified payee;
• You have received or will receive the benefit of the loan (your bill will be paid) and acknowledge that Flash Pay's service will be fully delivered upon ACH payment confirmation;
• You have read and agree to these Terms and the Loan Agreement;
• You are not using Flash Pay for any Restricted Activity.

3.1 Mandatory Loan Agreement

No bill will be paid by Flash Pay without a fully executed Loan Agreement. The Loan Agreement governs the specific terms of each individual transaction including the loan amount, service fee, repayment card details, payee details, and chargeback waiver.

3.2 Loan Agreement Incorporated by Reference

The Flash Pay Loan Agreement is incorporated into these Terms and forms part of the total agreement between you and Flash Pay. In the event of any conflict between these Terms and the Loan Agreement, the Loan Agreement controls with respect to the specific transaction. In all other respects, these Terms control.

3.3 Digital Signature — E-SIGN Act Compliance

The Loan Agreement is executed digitally under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA), adopted in all 50 states and the District of Columbia. Your typed name, digital confirmation, or other electronic assent constitutes a legally binding signature equivalent in all 50 states to a wet-ink signature. Your digital signature is automatically linked to your IP address, device fingerprint, geolocation, and a UTC timestamp retained by Flash Pay as part of the tamper-evident audit trail.

3.4 Transaction Nature

The credit card charge resulting from each Loan Agreement is a loan repayment — NOT a purchase of goods, a purchase of services from a merchant, a cash advance, a person-to-person transfer, or a money transmission. This classification is legally material. It means there is no legitimate basis for any standard chargeback reason code, as set forth in detail in Section 8.

4.1 Service Fee

4.2 Fee Not Interest

The service fee is charged for Flash Pay's technology coordination and bill payment facilitation service. It is NOT interest, a finance charge, or a credit cost under TILA, Regulation Z, or any state usury statute. This loan bears 0% APR.

4.3 Non-Refundable

The service fee is non-refundable once Flash Pay has paid your bill. No refund of the service fee will be issued regardless of any subsequent dispute between you and your payee. If any payment is reversed for any reason, you agree to pay Flash Pay all amounts owed including the service fee, all chargeback fees, and all costs of collection.

4.4 Chargeback and Return Fees

If any payment made by Flash Pay on your behalf is reversed, returned, or charged back for any reason, you agree to pay:

1. The full loan amount;
2. The service fee;
3. All chargeback or dispute fees charged to Flash Pay by its processor or card network (typically $25–$100 per occurrence);
4. All ACH return fees;
5. All attorney's fees and collection costs;
6. Default interest at 18% per annum or the maximum rate permitted by your state of residence, whichever is less, from the date of the chargeback until paid in full.

4.5 Transaction Limits — Subject to change without prior written notice

5.1 Submitting a Request

To use Flash Pay you must submit a payment request through our website providing: your full identity and contact information; your government-issued ID; complete payee bank details (ABA routing number and account number); the bill amount; and your credit card repayment details. You are solely and entirely responsible for the accuracy of all information provided.

5.2 Verification and Pre-Authorization

Flash Pay will verify your identity and pre-authorize your credit card before paying your bill. If pre-authorization fails, Flash Pay will not pay the bill and the request will be cancelled. Flash Pay reserves the right to request additional documentation at any time before or after processing.

5.3 Payment Timeline

Once the Loan Agreement is signed and your card is pre-authorized, Flash Pay will pay your bill via ACH bank transfer within 24 hours on business days. Flash Pay is not responsible for ACH network delays, bank processing times, or payee processing delays.

5.4 Payment Confirmation

Flash Pay will provide you with a screenshot or digital confirmation of your bill payment via WhatsApp, text, or email immediately upon ACH confirmation. This confirmation constitutes complete evidence that Flash Pay's service was delivered in full.

5.5 Pre-Payment Waiver — Service Delivery

5.6 Payee Information Accuracy

You are solely and entirely responsible for providing correct payee bank routing numbers and account numbers. Flash Pay will pay exactly the account you specify. If a payment is misdirected due to your error, the loan remains due in full and Flash Pay cannot guarantee recovery of misdirected funds.

5.7 Card Charge Statement Descriptor

Your credit card statement will show the charge as "FLASH PAY SVC" or similar descriptor. Flash Pay will notify you of the exact descriptor and expected charge date via WhatsApp or text immediately upon processing. If you see a charge you do not recognize, contact Flash Pay at 832-821-5944 before contacting your card issuer.

6.1 Accurate Information

You represent and warrant that all information provided to Flash Pay is true, accurate, current, and complete. Providing false or misleading information constitutes a material breach of these Terms and may constitute fraud under applicable federal and state law.

6.2 Card Authorization and Ownership

You represent that: (a) you are the primary cardholder or an authorized user with the primary cardholder's express prior written consent; (b) the card has not been reported lost or stolen; (c) you have not filed or intend to file bankruptcy within 90 days; and (d) sufficient credit is available. Use of another person's card without their consent constitutes federal credit card fraud under 18 U.S.C. § 1029.

6.3 Business Card — Personal Liability

If you use a business credit card, you represent that you personally guaranteed that card account with the issuer and are therefore individually liable for this charge regardless of your business entity's legal status. You cannot use corporate limited liability protections as a defense against your personal loan obligation to Flash Pay. Flash Pay may pursue collection against you personally, your business entity, or both simultaneously.

6.4 ACH Debit Authorization for Chargeback Recovery

6.5 Assignment of Chargeback Claims

In the event of a chargeback or ACH return, you agree to ASSIGN TO FLASH PAY any and all claims you may have against your payee (landlord, vendor, utility company, or other recipient) arising from or associated with such chargeback, clawback, or return. You further agree that Flash Pay may contact your payee directly to request reimbursement for any payment transmitted to the payee on your behalf and subsequently reversed. This assignment is irrevocable.

6.6 No Duplicate Requests

You agree not to submit duplicate payment requests for the same bill. If a duplicate is identified, Flash Pay will cancel one or both and may charge a $25 processing fee per duplicate.

6.7 Cooperation

You agree to cooperate fully with Flash Pay in verifying your identity, confirming payee details, and resolving any issues that arise. Failure to respond to Flash Pay's communications within 24 hours may result in cancellation.

8.1 No Legitimate Chargeback Basis Exists

Because Flash Pay pays your bill before charging your card, and because you have authorized the exact charge amount in writing in the Loan Agreement: (a) the service has been delivered in full; (b) the charge is fully authorized; (c) the exact amount was disclosed and agreed to; and (d) there is no factual basis for any standard chargeback reason code issued by Visa, Mastercard, American Express, or Discover.

8.2 Pre-Transaction Waiver — Effective at Time of Terms Acceptance

Your waiver of chargeback rights is effective the moment you accept these Terms — BEFORE any specific transaction. This pre-transaction waiver applies to all future transactions conducted under these Terms and is not limited to a specific Loan Agreement.

8.3 False Chargeback as Fraud and Default

Filing a chargeback after Flash Pay has paid your bill constitutes:

1. Default under your Loan Agreement;
2. Material breach of these Terms;
3. Potentially bank fraud under 18 U.S.C. § 1344 (punishable by up to 30 years imprisonment);
4. Potentially wire fraud under 18 U.S.C. § 1343;
5. Potentially credit card fraud under 18 U.S.C. § 1029;
6. Theft by deception under applicable state criminal statutes;
7. Unjust enrichment giving rise to civil liability.

You have been clearly and repeatedly warned of these consequences.

8.4 Compelling Evidence Package

In the event of any chargeback, Flash Pay will immediately submit to the card network a compelling evidence package including:

1. This signed Agreement and the Loan Agreement with audit trail;
2. ACH payment confirmation with payee, amount, date, and bank reference;
3. Your original payment request with timestamp;
4. Your IP address, device fingerprint, geolocation, and browser records;
5. SMS OTP verification log;
6. Your government-issued ID;
7. Pre-authorization confirmation;
8. Your acknowledgment of receipt of payment confirmation;
9. All communication records.

This package is specifically designed to comply with the compelling evidence standards of Visa, Mastercard, American Express, and Discover dispute resolution rules.

8.5 Card Network Specific Provisions

Each card network's specific rules preclude chargebacks in this situation:

8.6 Network Submission Consent

You expressly consent to Flash Pay disclosing this Agreement, the Loan Agreement, payment records, identity documents, IP logs, and all communication records to card issuers, card networks, and their agents in connection with any chargeback or dispute. You waive any confidentiality, privacy, or other objection to such disclosure.

8.7 Contact Flash Pay First

8.8 Make Whole Obligation

You agree to make Flash Pay whole regardless of the outcome of any dispute between you and your card issuer or card network. If any payment is reversed for any reason — even if Flash Pay loses the chargeback dispute — you agree to immediately pay Flash Pay all amounts owed including the loan amount, service fee, all chargeback fees, and all costs of collection.

9.1 Events of Default

• Failure to repay the loan on the due date;
• Card charge decline, reversal, or chargeback;
• Unauthorized ACH return or stop payment;
• Providing materially false or fraudulent information;
• Using a credit card without the primary cardholder's authorization;
• Filing for bankruptcy within 90 days of a transaction;
• Violation of any provision of these Terms or the Loan Agreement;
• Failure to cooperate with identity verification or fraud investigation;
• Engaging in any Restricted Activity.

9.2 Remedies Upon Default

Upon default, Flash Pay may without notice: (a) demand immediate full repayment; (b) initiate ACH debits per the authorization in Section 6.4; (c) report the default to consumer credit bureaus (Equifax, Experian, TransUnion); (d) refer to a licensed collections agency; (e) file suit in Harris County, Texas or in the county of your residence; (f) seek injunctive or other equitable relief; (g) report suspected fraud to law enforcement; and (h) exercise any other remedy at law or equity.

9.3 Default Interest

Upon default, simple interest accrues at the lesser of 18% per annum or the maximum rate permitted by the law of the state in which you reside, from the default date until paid in full.

9.4 Attorney's Fees and Collection Costs

In any enforcement action or collection proceeding, the prevailing party shall recover reasonable attorney's fees, court costs, and all collection expenses. If Flash Pay refers your account to collections, you agree to pay all collection fees and costs in addition to the outstanding balance.

9.5 Credit Reporting

Flash Pay reserves the right to report unpaid debts and defaults to consumer credit reporting agencies. This may adversely affect your credit score and your ability to obtain credit in the future.

10.1 Customer's Indemnification Obligation

You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS FLASH PAY, FLASHFUNDING LLC D/B/A FLASH PAY, and their respective officers, directors, managers, employees, agents, and successors (collectively, the "Flash Pay Parties") from and against any and all losses, damages, claims, costs, and expenses — including reasonable attorney's fees — arising from or related to:

• Your access to or use of Flash Pay's services;
• Your breach of these Terms or the Loan Agreement;
• Your violation of any applicable law or the rights of any third party;
• Any chargeback, dispute, or reversal you initiate in violation of these Terms;
• Your negligence, fraud, or willful misconduct in connection with any transaction;
• Any claim by your payee, card issuer, card network, or regulatory authority arising from your use of the service;
• Any incorrect or inaccurate information you provided to Flash Pay.

10.2 Survival

Your indemnification obligations under this Section 10 shall survive the termination of these Terms and the repayment of any individual loan for a period of seven (7) years.

11.1 Information Collected

Flash Pay collects: full legal name, date of birth, phone number, email, home address, government-issued ID (front and back), last 4 digits of Social Security Number, full credit card details (processed via Stripe — PCI DSS Level 1), payee bank routing and account numbers, IP address, device fingerprint, browser user-agent, and geolocation at form submission.

11.2 Data Security

All data in transit is encrypted with 256-bit TLS. Card payments are processed by Stripe (PCI DSS Level 1). Flash Pay does not store full card numbers or full SSNs in retrievable plain text. All stored data is encrypted at rest in access-controlled systems.

11.3 Chargeback Disclosure Consent

You expressly and irrevocably consent to Flash Pay disclosing your personal information, transaction records, government ID, IP logs, device records, and all communication logs to card issuers, card networks, and their agents for the purpose of responding to or preventing chargebacks. This consent is irrevocable for the duration of any chargeback or dispute period.

11.4 ACH Authorization Data

Bank account information provided for the ACH debit authorization in Section 6.4 may be shared with ACH processors and Flash Pay's banking partners solely for the purpose of executing authorized ACH debits.

11.5 Data Retention

All transaction records, Loan Agreements, identity documents, and audit trail logs are retained for a minimum of 7 years per IRS requirements and applicable state law.

11.6 California Residents — CCPA

California residents have rights under the CCPA including the right to know, delete, and opt out of sale of personal information. Flash Pay does not sell personal information. To exercise CCPA rights: hello@flashfunding.us.

12.1 TILA / Reg. Z

TILA disclosures are provided in each Loan Agreement per 15 U.S.C. § 1638 and 12 C.F.R. Part 1026. Each Loan Agreement discloses: 0% APR, $0 Finance Charge, Amount Financed, and Total of Payments.

12.2 ECOA

Flash Pay complies with the Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.) and does not discriminate on any protected basis.

12.3 E-SIGN Act and UETA

Digital signatures are executed under the E-SIGN Act (15 U.S.C. § 7001) and UETA (adopted in all 50 states). Digital signatures are legally equivalent to wet-ink signatures.

12.4 FDCPA

Flash Pay and any assigned collector comply with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.

12.5 GLBA

Flash Pay's handling of non-public personal financial information complies with GLBA, 15 U.S.C. § 6801 et seq.

12.6 BSA / AML

Flash Pay maintains an anti-money laundering compliance program consistent with FinCEN guidance. Flash Pay reserves the right to report suspicious activity and terminate accounts suspected of BSA violations.

12.7 CFPB

These Terms are drafted consistent with CFPB guidance on consumer loan disclosures, electronic records, and dispute practices.

12.8 All 50 States

These Terms comply with consumer protection laws in all 50 states. Where any provision conflicts with a mandatory, non-waivable consumer protection statute in your state of residence, that state's law applies to the conflicting provision only, and the remainder of these Terms continues in full force. State-specific statutes incorporated by reference include: California (Cal. Fin. Code § 22000); New York (N.Y. Banking Law § 340); Illinois (205 ILCS 670); Florida (Fla. Stat. § 516.01); Texas (Tex. Fin. Code § 342).

13.1 As-Is Service

Flash Pay provides its service "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

13.2 Limitation of Liability

13.3 No Guarantee of Rewards

Flash Pay makes no representation or guarantee that credit card rewards, points, miles, or cash back will be earned on any transaction. Reward eligibility is solely at your card issuer's discretion. The service fee is non-refundable if rewards are not earned.

13.4 Payee Disputes

Flash Pay is not responsible for disputes between you and your payee. Your obligation to repay Flash Pay exists independently of any dispute with your payee.

13.5 Force Majeure

Flash Pay is not liable for failure to perform due to causes beyond its reasonable control. Your repayment obligation is not excused by force majeure events.

14.1 Governing Law

These Terms are governed by the laws of the State of Texas without regard to conflicts-of-law principles, except where mandatory consumer protection provisions of your state of residence apply.

14.2 Mandatory Binding Arbitration — JAMS

Except for small claims court matters, ALL disputes between you and Flash Pay arising from or related to these Terms or the service shall be resolved by binding individual arbitration under the JAMS Streamlined Arbitration Rules (for claims under $250,000) or JAMS Comprehensive Arbitration Rules (for claims over $250,000), conducted in Houston, Texas. The arbitrator's award shall be final and binding and may be entered as a court judgment in any jurisdiction.

14.3 Class Action and Collective Action Waiver

14.4 Jury Trial Waiver

14.5 Right to Opt Out of Arbitration

You may opt out of the mandatory arbitration and class action waiver provisions by sending written notice to Contactus@flashpayusa.com within 30 days of first using the service. The notice must clearly state you are rejecting arbitration, provide your full name and address, and identify these Terms. Opting out does not affect any other provision of these Terms, including the chargeback waiver in Section 8 or the jury trial waiver in Section 14.4.

14.6 Small Claims Exception

Either party may bring claims in small claims court if the dispute qualifies under the applicable court's jurisdictional limits, without first going through arbitration.

14.7 Jurisdiction for Non-Arbitrated Matters

For any matters not subject to arbitration (including enforcement of an arbitration award), you irrevocably submit to the exclusive personal jurisdiction of the state and federal courts located in Harris County, Texas.

14.8 Statute of Limitations

Any claim arising from these Terms must be brought within one (1) year of the date the claim arose, regardless of any applicable statute of limitations. This limitation does not apply to Flash Pay's right to collect unpaid debts, which may be pursued at any time permitted by law.

15.1 Entire Agreement

These Terms, together with the Loan Agreement and Privacy Policy, constitute the entire agreement between you and Flash Pay with respect to the service and supersede all prior agreements and representations.

15.2 Severability

If any provision is invalid under applicable law, it shall be modified to the minimum extent necessary to be enforceable. The remaining provisions continue in full force. If the class action waiver in Section 14.3 is unenforceable, that claim shall be litigated in court without affecting the arbitration clause for individual claims.

15.3 No Waiver

Flash Pay's failure to enforce any right does not waive that right. All waivers must be in writing signed by an authorized officer of Flash Pay.

15.4 Assignment

Flash Pay may assign these Terms, the Loan Agreement, and any rights to any third party without your consent. You may not assign your obligations without Flash Pay's prior written consent. Any assignment of the right to collect a loan does not reduce your obligation to pay.

15.5 Amendment

Flash Pay reserves the right to modify these Terms at any time. Updated Terms will be posted on our website. Continued use of the service after the effective date constitutes acceptance.

15.6 Survival

The following Sections shall survive termination of these Terms: 3.4, 4.3, 4.4, 5.5, 6.4, 6.5, 8 (entire section), 9, 10, 11, 14, and 15.

15.7 Notices

Notices to Flash Pay: Contactus@flashpayusa.com. Notices to you: sent to contact information provided in your most recent payment request.

15.8 Language

These Terms are in English. If translated, the English version controls.