Linking Users Bank Accounts. ModernRails shall provide Customer with Open Banking API, if selected as a Purchased Service, for Users to verify their accounts at third-party financial institutions (collectively, the “Account Authentication Services”). Such services shall only be used to authenticate a User’s account at a financial institution. ModernRails may also provide Customer with the ability to access and refresh the raw and analyzed transaction data, and other account data associated with the User account authenticated with account logins for certain financial institutions noted in the API Documentation (collectively, the “Account Aggregation Services”). Customer understands and acknowledges that such services do not guarantee that an account at a financial institution can be verified or that the data returned from such account will be accurate or complete, or such authentication will otherwise prevent User fraud. In the event Customer utilizes the Account Aggregation Services, Customer shall not independently screen scrape User Personal Data from financial institutions unless such financial institutions have expressly permitted Customer to screen scrape. Customer understands that there will be additional disclosures that shall be provided to Users, as instructed by ModernRails, and that in order to provide the Account Authentication or Aggregation Services to Users, User Consent of such disclosures is required.

Know Your Client Data. ModernRails may provide Customer with the ability of accessing and refreshing (i) a User’s complete identity and compliance file, including but not limited to, the Personal Information and government- issued identification numbers provided by the User; (ii) identity validation information generated by ModernRails on the User from such identity and compliance file; and (iii) the results of the sanctions screening for the User.

Customer understands and acknowledges that ModernRails may refuse to provide Services to Customer or any of Customer Client Users or customers that have not been screened and authenticated using the Sanctions Data. Customer shall have in place compliance and risk monitoring policies to screen and monitor Users and Users’ activities.

Customer understands and acknowledges that User transaction requests may be delayed for additional review and/or may be canceled by ModernRails as a result of the Sanctions Data.

Customer also understands that ModernRails may block or lock Users as a result of the Sanctions Data and other information that ModernRails may obtain regarding those Users, including related to such Users use of other Services. Customer may also request ModernRails to review Users to verify for potential risk or unusual activity.

Customer understands and acknowledges that ModernRails does not guarantee against identifying, reducing or eliminating User fraud.

Customer understands and acknowledges that ModernRails may refuse to provide or suspend certain Services to Customer or Users if ModernRails determines in its sole discretion that Customer is not complying with the Fraud Mitigation Guidelines, or addressing the changes as recommended to be made by ModernRails.

During Customer or a User’s use of the chatbot, Customer or a User may interact with a non-human (“Bot”).

Customer understands and agrees that in accordance with the Purchased Services offered in connection with the Chatbot Service, ModernRails may from time to time provide Customer with disclosures, which Customer shall provide to Users within the timeframe delineated by ModernRails. Customer further understands and agrees that ModernRails is under no obligation to share communications received via the Chatbot Service with Customer.

Customer shall not solicit nor otherwise encourage Users under the age of thirteen (13) to use the Chat Service.

Customer shall comply with all requirements of all applicable state and federal laws, rules, regulations, and orders or requests of any governmental authority, including, but not limited to, applicable state and/or federal registrations related to its services and Application, which shall require additional risk mitigation and compliance checks and reports to appropriate authorities other than the ones provided herein, which shall be provided exclusively by Customer.

Customer acknowledges that it is responsible for ensuring its own compliance with all applicable laws as it relates to Customer’s use of the services provided in this Addendum and its provision of such service to its Users. Customer similarly acknowledges that it is responsible for any User’s failure to comply with applicable law and regulation in connection with the services provided in this Addendum. Customer shall indemnify and hold ModernRails harmless from and against all liability of any kind of nature whatsoever, losses, or third-party claims arising from or related to (i) Customer’s violation of its obligations, representations or warranties as provided in this Addendum, (ii) information or data submitted (or not submitted) to ModernRails by Customer or by or on behalf of a User (including but not limited to incorrect, illegal, improper records, instructions or data, or Customer’s technical errors), or (iii) User’s misuse of services or violation of applicable laws and regulation, including in relationship to transactions that do not originate from Customer’s services as provided herein. This limitation of liability and indemnification provision is in addition to those found in the Agreement.