Agreement for Resolving Disputes

Updated June 2026

PLEASE READ THIS AGREEMENT FOR RESOLVING DISPUTES (“AGREEMENT”) CAREFULLY. IT REQUIRES YOU AND MONEYLION TO RESOLVE DISPUTES THROUGH ARBITRATION OR SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, CLASS ACTIONS, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTIONS. IT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS, (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

If you are a “Covered Borrower,” as defined by 32 C.F.R. § 232.3(g) as of the date that you agree to this Agreement, then the arbitration provisions of this Agreement will not apply to you with respect to any Claims concerning any of our lending products or services. 

This Agreement is between you and MoneyLion. Defined terms used in this Agreement are defined in section 2 below. 

  1. Summary

This Agreement outlines how disputes concerning Claims between you and MoneyLion will be resolved through our Informal Dispute Resolution Procedure, individual arbitration, or small claims court. The Informal Dispute Resolution Procedure gives you the opportunity to explain what happened regarding your Claim (as defined below) to someone in, or working with, our legal department. Under the terms of this Agreement, MoneyLion is encouraged to resolve your concerns efficiently.

An “arbitration” is a less formal alternative to a lawsuit or jury trial in court. A neutral third party, called an arbitrator, decides the dispute. The arbitrator applies the same law and can award the same individualized remedies that a court could award but uses streamlined procedures and limits discovery to simplify the process and reduce costs. The arbitrator’s decision is legally binding and subject to very limited review by courts 

A “small claims court,” meanwhile, is a state court where legal claims that fall below a statutory threshold are adjudicated. The rules of evidence in small claims courts are typically informal, and litigants often appear without a lawyer. Judgments in small claims court carry the same weight as any trial court, and successful litigants are entitled to an array of judgment enforcement remedies.

YOU AND MONEYLION AGREE THAT, WITH LIMITED EXCEPTIONS, ALL CLAIMS BETWEEN YOU AND MONEYLION ARE SUBJECT TO ARBITRATION, AND CLASS ARBITRATIONS, CLASS ACTIONS, AND OTHER REPRESENTATIVE ACTIONS OF ANY KIND ARE NOT PERMITTED. THIS MEANS THAT YOU AND MONEYLION WILL NEITHER FILE A LAWSUIT IN ANY COURT OTHER THAN A SMALL CLAIMS COURT, NOR PURSUE OR PARTICIPATE IN AN ACTION SEEKING TO REPRESENT OTHERS. YOU HAVE THE RIGHT TO OPT OUT OF THE AGREEMENT AS SET FORTH BELOW.

YOU AND MONEYLION ALSO AGREE THAT BOTH PARTIES ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AND MONEYLION ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND MONEYLION, AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF ALL PARTIES, WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF ANY DISPUTE ARISING OUT OF OR RELATED TO ANY CLAIMS. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION ANY SEPARATE ARBITRATION PROVISION ENTERED INTO BETWEEN YOU AND MONEYLION, WHICH MAY CONTAIN ITS OWN SEPARATE JURY TRIAL WAIVER. 

While sections 3, 4, and 5 below lay out the specifics, here is an overview of the procedure you must follow to resolve a dispute relating to a Claim: 

  • Contact customer service. You agree that you will first contact our customer service team. A phone call, chat session, or email with us is usually the quickest way to resolve an issue. Go to http://www.moneylion.com/contactus/ for more information on how best to contact us. We will contact you at the email or mailing address on file with MoneyLion. It is your responsibility to keep this information up to date.
  • File a Notice of Dispute. If you are not satisfied after talking to customer service, you agree to follow the subsequent steps outlined in the mandatory Informal Dispute Resolution Procedure, discussed below, which begins by sending us a Notice of Dispute. You agree to follow the mandatory Informal Dispute Resolution Procedure before pursuing legal action in the form of an arbitration or small claims action. 
  • Let’s work it out. If you decide to submit a Notice of Dispute, then you and MoneyLion agree to give each other at least 45 calendar days to share information and try to reach an agreement before commencing an arbitration or small claims action, including by participating in an Informal Settlement Conference, at either party’s option. We will use the same process if we have a dispute with you.
  • Pursue legal action. If the dispute is still not resolved, and only after the mandatory Informal Dispute Resolution Procedure has been fully satisfied, you can pursue an arbitration or small claims action. National Arbitration and Mediation (“NAM”) will administer the arbitration and appoint a neutral arbitrator, with input from both you and MoneyLion.  

 

There are specific rules for mass or coordinated arbitrations, where the same lawyers or a group of coordinated lawyers seek to file 25 or more similar arbitrations. If you choose to be part of those proceedings, the matters will be administered under procedures designed to promote efficient and fair resolution. See below for more information on the rules governing mass or coordinated arbitrations under this Agreement.

 

  1. Definitions

As used in this Agreement, the following terms have the meanings set forth below:

  • “Batch Arbitration” means the process for administering Claims in a Mass Filing in batches, as described in section 4(h).
  • “Bellwether Arbitrations” means the initial individual arbitrations selected to proceed first in a Mass Filing, as described in section 4(h).
  • “Claim” means any past, present, or future dispute or controversy between you and MoneyLion not previously filed in court or arbitration before you and MoneyLion entered into this Agreement, whether or not presently known, that arises out of or relates in any way to your use of or access to the MoneyLion Platform or to any product or service offered by or through the MoneyLion Platform. Except as otherwise provided herein, “Claim” is to be given the broadest reasonable meaning and includes claims of every kind, including initial claims, counterclaims, cross-claims, and third-party claims, as well as claims based on any constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, torts, negligence, fraud or other intentional wrongs) and equity. It includes disputes against MoneyLion (but not, for the avoidance of doubt, against a third party, including any third party that offers products and services on the MoneyLion Platform) that seek relief of any type, including damages or individual injunctive, declaratory, or other equitable relief. If you use a third-party product or service, you understand and agree to the third party's terms and conditions and requirements. MoneyLion expressly disclaims all responsibility for any third-party product or service, which you elect to use at your own risk. You understand and acknowledge that any legal recourse you seek as a result of any deficiencies in the provision of a third-party product or service must be pursued against the provider of those third-party products or services and not against MoneyLion. No part of this Agreement shall prevent MoneyLion from (i) exercising or enforcing its rights under any present, past, or future agreements entered into between you and MoneyLion or that may otherwise govern your use of the MoneyLion Platform or MoneyLion’s products or services, including MoneyLion’s ability to terminate or suspend your account or access to any product or service due to a violation of our Terms of Service, liquidate your collateral in connection with non-payment of a loan, or report your payment history or other credit information to the credit bureaus; and (ii) pursuing any “self-help remedy,” including any steps taken to enforce rights without a determination by a court or arbitrator, or any individual action by you or MoneyLion to prevent the other party from using any self-help remedy, so long as such action does not involve a request for monetary relief of any kind.
  • “Claimant” means the party asserting a Claim.
  • “Demand” means the demand for arbitration submitted by a party initiating a Claim in arbitration.
  • “Informal Dispute Resolution Procedure” refers to the dispute-resolution protocol detailed in section 3 below that must be satisfied before either you or MoneyLion can commence an arbitration or small claims action.
  • “Informal Settlement Conference” refers to the individualized discussion by phone or videoconference regarding a potential settlement of a Claim, which either party may request as part of the Informal Dispute Resolution Procedure, and which is required to satisfy the Informal Dispute Resolution Procedure, if requested by either party.
  • “Mass Filing” means 25 or more Claims of a substantially similar nature asserted by claimants represented by the same or coordinated counsel or entities, as described in section 4(h).
  • “MoneyLion,” “we,” “our,” or “us” means MoneyLion Technologies Inc. and all its past, present, and future parents, subsidiaries, affiliates, and related entities, including MoneyLion Inc., as well as all of MoneyLion’s directors, officers, employees, consultants, service providers, licensees, agents, predecessors in interest, successors, and assigns.
  • “MoneyLion Platform” means the MoneyLion website, www.moneylion.com; any of its subdomains; other websites owned or hosted by MoneyLion, including Engine by MoneyLion, MoneyLion’s marketplace platform; and MoneyLion’s mobile application.
  • “Notice Address” refers to the physical address at which you can mail your Notice of Dispute to MoneyLion, which is MoneyLion Legal Department, 60 Rio Salado Pkwy #1000, Tempe, AZ 85281.
  • “Notice of Dispute” refers to the form that must be completed and submitted by the party bringing a Claim as part of the Informal Dispute Resolution Procedure that provides the other party with important and necessary information about the Claim.
  • “Services” means the MoneyLion Platform and any products or services offered by or through the MoneyLion Platform.
  • “You” or “your” means the individual authorized to use the MoneyLion Platform or MoneyLion’s products or services in accordance with MoneyLion’s Terms of Service. For the avoidance of doubt, you must be a natural person and not a corporation, company, partnership, association, or other entity or organization.


  1. Mandatory Informal Dispute Resolution Procedure

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS KEY REQUIREMENTS THAT MUST BE SATISFIED BEFORE AN ARBITRATION OR SMALL CLAIMS ACTION CAN BE COMMENCED. NEITHER YOU NOR MONEYLION CAN COMMENCE AN ARBITRATION OR SMALL CLAIMS ACTION UNLESS THE INFORMAL DISPUTE RESOLUTION PROCEDURE OUTLINED IN THIS SECTION HAS BEEN FULLY SATISFIED. 

Step 1: You and MoneyLion agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. MoneyLion’s customer service is available to help and usually can resolve any concerns you may have. As the first step in the mandatory Informal Dispute Resolution Procedure, you agree to contact our customer service team directly or through a duly authorized representative acting solely on your individual behalf (and not as part of a coordinated or mass outreach) before submitting a Notice of Dispute. For information on how to contact customer service, please go to https://www.moneylion.com/contactus/. We will contact you at the email or mailing address on file with MoneyLion. It is your responsibility to keep this information up to date.

Step 2: If your issue is not resolved after contacting MoneyLion customer service, you agree, as a second step, to submit a written Notice of Dispute to MoneyLion. If we have a Claim against you, we will also send you a Notice of Dispute to your mailing address on file or, if you have agreed to receive disclosures electronically, to your email address, or, if you are represented by an attorney, to your attorney at their office address or email address. It is your responsibility to keep this information up to date. You may download and submit the Notice of Dispute form electronically at https://moneylion.kustomer.help/contact/notice-of-dispute-informal-dispute-resolution-procedure-r1kEEZGPa. The Notice of Dispute may also be sent by U.S. mail or professional courier service to MoneyLion at the Notice Address. While not required, we encourage you to submit your Notice of Dispute electronically for faster and easier processing. 

The Notice of Dispute must include all of the information requested on the form, including (i) the claimant’s name, address, email and phone number; (ii) the last four digits of the claimant’s social security number and date of birth; (iii) the products or services (if any) to which the Claim pertains; (iv) a description of the nature and basis of the Claim; and (v) an explanation of the specific relief sought and how it is calculated. Each Notice of Dispute must be submitted on an individualized basis and may relate only to a single claimant. Notices of Dispute may not be submitted on a consolidated, group, collective, or mass basis, and may not be submitted on behalf of multiple claimants in a single or coordinated submission. 

The Notice of Dispute must be signed or electronically submitted by the claimant individually and must reflect the claimant’s intent to submit the Notice of Dispute. If submitted electronically through MoneyLion’s Notice of Dispute form, the claimant must complete any required electronic acknowledgment, certification, signature, checkbox, or other submission step made available through the form. If submitted by mail or courier, the Notice of Dispute must include the claimant’s handwritten signature. A submission, signature, certification, or acknowledgment by an attorney or other representative on behalf of multiple claimants, or any mass, automated, or pre-populated submission or signature process, does not satisfy this requirement. If MoneyLion is the claimant, the Notice of Dispute must be signed or submitted by a MoneyLion representative.

To safeguard your account, we may require reasonable identity verification and your consent before we discuss your account or share your account information with a third party, including your attorney.

 

Step 3: Whichever party sends the Notice of Dispute must give the other party 45 calendar days after receipt of a completed Notice of Dispute (including any required identity verification and consent) to investigate the Claim. The parties may at any time agree in writing to modify the 45-day period. During the 45-day period, you and MoneyLion agree that either party has the option to request an individualized discussion by phone or videoconference regarding the possibility of settlement (the “Informal Settlement Conference”). Any such request must be made by you individually or by a duly authorized representative acting solely on your behalf and not as part of a coordinated or mass request. If either party requests an Informal Settlement Conference within the 45-day period, completion of such conference is required to fully satisfy the Informal Dispute Resolution Procedure.

You and MoneyLion must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference, which can be after the 45-day period. You and someone in or working with MoneyLion’s legal department must personally participate in the Informal Settlement Conference, unless otherwise agreed to in writing by both parties. If you are represented by an attorney, then your attorney must also be present at the Informal Settlement Conference. MoneyLion’s lawyers (if any) also can participate. These Informal Settlement Conferences shall be individualized; multiple parties initiating Claims (even if the Claims are related or raise similar issues and are brought by the same or coordinated counsel) cannot participate in the same Informal Settlement Conference, unless mutually agreed to by the parties.

 

Step 4: After the 45-day period has concluded, and not before, and after the Informal Settlement Conference has occurred, if elected by either party, whichever is later, the party bringing the Claim may initiate arbitration or a small claims action.

You and MoneyLion agree that compliance with the mandatory Informal Dispute Resolution Procedure set forth in this section is a required condition precedent to initiating arbitration or a small claims action. Any applicable limitations period (including statute of limitations) shall be tolled while the parties engage in the Informal Dispute Resolution Procedure. The Informal Dispute Resolution Procedure is essential so that you and MoneyLion have a meaningful chance to resolve Claims informally and efficiently. If any aspect of the Informal Dispute Resolution Procedure has not been met, a court or arbitrator can enjoin the filing or prosecution of an arbitration or small claims action. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Informal Dispute Resolution Procedure in arbitration or in a small claims action.

Any attempt to satisfy the Informal Dispute Resolution Procedure through coordinated, mass, or non-individualized submissions shall not constitute compliance with this section.

 

  1. Arbitration

If the Claim is still not resolved, and only after the Informal Dispute Resolution Procedure set forth in section 3 above has been fully satisfied, you or MoneyLion can commence an individual arbitration (or a small claims action as set forth in section 5 below).

       a. Right to Opt Out

You may opt out of arbitration within 30 days of first agreeing to this Agreement by sending us a signed, written notice to MoneyLion Legal Department, 60 Rio Salado Pkwy #1000, Tempe, AZ 85281, or by email to arbitration@moneylion.com. Your notice must include your name, address, the date you agreed to this Agreement, and a clear statement that you are opting out of the arbitration provision. If you want proof of the receipt of such a notice, you should send the opt out notice by “certified mail, return receipt requested.” If you use such a method, we will reimburse you for the postage upon your request. The opt-out will be effective only if it is signed by you individually and sent by you personally, or by a duly authorized representative acting solely on your individual behalf, and not as part of a coordinated, group, collective, or mass submission. The signature may be a handwritten signature or a valid electronic signature that reflects your intent to opt out of arbitration. A signature by an attorney or other representative on behalf of multiple consumers, or any mass, automated, or pre-populated signature process, does not satisfy this requirement. Your opt out of arbitration will not affect your access to or use of the MoneyLion Platform or any of our products or services or the terms of any agreement for any products or services (other than to the extent such terms incorporate this Agreement) or your ability to obtain credit from MoneyLion.

       b. Subject Matter of Arbitration

If you or MoneyLion choose to arbitrate, to the greatest extent permitted by law, you and MoneyLion agree to arbitrate any Claim between you and MoneyLion. This arbitration provision is intended to be broadly interpreted and includes, but is not limited to:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract; tort; fraud; misrepresentation; negligence; equity; or any constitutional, statutory, regulatory, or common law legal theory;
  • Claims arising out of or related to facts that arose before the existence of this or any prior agreement (including, but not limited to, Claims relating to advertising) so long as the Claim was not filed in court or arbitration before entering into this Agreement;
  • Claims arising out of or related to mental or emotional distress or injury not arising out of physical bodily injury;
  • Claims that are currently the subject of purported class action litigation in which you are not a member of an already certified class; and
  • Claims that may arise after the termination of this Agreement.

Nothing in this Agreement shall preclude you from bringing issues to the attention of federal, state, or local agencies. Those agencies can, if the law allows, seek relief against us on your behalf.

 This Agreement evidences a transaction in interstate commerce.  Notwithstanding the governing law in section 6,  the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration provision, including the procedures governing Mass Filings, and any arbitration. This arbitration provision shall survive termination of this Agreement.

        c. Arbitration Procedure

The arbitration will be governed by the applicable rules of NAM, including NAM’s Comprehensive Dispute Resolution Rules and Procedures, NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, and any other applicable rules promulgated by NAM (collectively, the “NAM Rules”), as modified by this Agreement, and will be administered by NAM. If NAM is unavailable or unwilling to administer the arbitration, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by a court pursuant to 9 U.S.C. §5. Upon any conflict or inconsistency between this Agreement and NAM Rules, this Agreement will govern. NAM Rules are available online at https://www.namadr.com/resources/rules-fees-forms/ or by emailing NAM at commercial@namadr.com.   

You may initiate arbitration by filing a Demand, along with a copy of the Notice of Dispute, to (1) NAM by email at commercial@namadr.com or by mail to 990 Stewart Avenue, 1st Floor, Garden City, NY 11530, and (2) to MoneyLion by email at arbitration@moneylion.com.  For more information on how to commence an arbitration proceeding, including how to file a consumer arbitration online, please visit NAM’s website at http://namadr.com.  

You and MoneyLion agree that the party initiating arbitration must include in its Demand (1) the name, telephone number, mailing address, and e‐mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal Claims being asserted and the factual bases of those Claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution Procedure as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. The Demand must be personally signed by you (and your counsel, if represented) on an individual basis only and include the last four digits of your MoneyLion account number (if applicable).

If the party requesting arbitration is represented by counsel, the Demand also must include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of Claim resolution; (2) the Claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).  

The parties agree that the arbitration shall occur through the submission of documents to one arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from NAM's roster of consumer dispute arbitrators. NAM will appoint the arbitrator in accordance with NAM Rules or as otherwise agreed by the parties, provided that if the Batch Arbitration process under section 4(h) is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch subject to your right to challenge that nomination of the arbitrator per the NAM Rules.  If the arbitrator determines that a hearing is required, the arbitration shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is required, the arbitration hearing will take place as close to your hometown as practicable, except that an arbitrator will decide the location of any hearing in the case of a Batch Arbitration.

Regardless of how the arbitration is conducted, the parties agree that the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which their decision is based. The arbitrator can award on an individual basis the same damages and relief that a court can award under applicable law in favor or against only the parties to the arbitration, including monetary damages, attorneys’ fees (if available under applicable law), injunctive relief, and declaratory relief and only to the extent necessary to provide relief warranted by that party’s individual Claim.

         d. Authority of the Arbitrator

The arbitrator shall have exclusive authority to resolve any Claim, including, without limitation, disputes regarding the interpretation or application of the Agreement, including the enforceability, revocability, scope, or validity of the Agreement or any portion of the Agreement, except that all Claims regarding the section titled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the section titled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such section titled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Claim.

          d. Arbitration Fees

Payment of all filing, administration, and arbitrator fees will be governed by the applicable NAM fee schedules (the "Fee Schedules").  The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Claim or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its Claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator may, to the greatest extent permitted by law, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.  Despite the foregoing, MoneyLion will pay your arbitration-related fees to the extent required by law or to make this Agreement enforceable. If MoneyLion reimburses your arbitration-related fees, we will do so within 60 calendar days from when you pay such fees to NAM.

Nothing in this section is intended to limit any non-waivable rights a consumer may have under applicable law or arbitration rules regarding the allocation of fees and costs. To the extent required by applicable law or the administrator’s consumer arbitration rules, MoneyLion will pay any fees required to be paid by the business.

          f. Offer of Settlement

At any time during the Informal Dispute Resolution Procedure or during any arbitration between you and MoneyLion, either party may, but is not obligated to, make a written settlement offer. In arbitration, any settlement offer may be made at any time before the evidentiary hearing or, if a dispositive motion is permitted, before the dispositive motion is decided. During the arbitration, the amount of any settlement offer must not be disclosed to the arbitrator until after the arbitrator determines the relief, if any, to which you or MoneyLion is entitled.

If a party rejects a written settlement offer and the arbitrator later awards an amount that is less favorable to that party than the rejected offer, the arbitrator may, to the extent permitted by applicable law and the applicable arbitration rules, consider that fact in allocating arbitration-related fees and costs.

           g. Waiver of Class and Other Non-Individualized Relief

EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE, OR COLLECTIVE BASIS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING, NOR OTHERWISE TO SEEK RECOVERY OF LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY CLAIM BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

Subject to this Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under section 4(h) below. Notwithstanding anything to the contrary in this Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be brought in court (pursuant to section 6 below), subject to your and our right to appeal the court's decision. All other Claims, aside from those explicitly exempted in section 5 below, shall be arbitrated. This section does not prevent you or us from participating in a class-wide settlement of claims.

           h. Mass Filings

If, at any time, 25 or more claimants represented by the same or coordinated counsel or entities seek to file (or their counsel seeks to file) demands of a substantially similar nature (“Mass Filing”), you and MoneyLion agree that the additional staged procedures set forth below shall apply. All parties agree that demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their Claim might not proceed as quickly as it would if they had filed that Claim outside of a Mass Filing; the Mass Filing procedures in this section are, therefore, intended to facilitate the efficient resolution of multiple Claims when they arise in the context of a Mass Filing. Any applicable limitations period (including statute of limitations) shall be tolled while the parties engage in the Informal Dispute Resolution Procedure, until either the 45-day period has elapsed or the Informal Settlement Conference is held and does not lead to a successful settlement, whichever comes later, and then again starting from the filing of your Demand, until your Claim is selected to proceed as part of the staged process as set out below, or is settled, withdrawn, or otherwise resolved. For the avoidance of doubt, the parties agree that, in addition to the scope of the procedural arbitrator’s review as set forth in NAM Rules, the procedural arbitrator shall have the authority to consider whether the Mass Filings or demand(s) for arbitration was/were filed in accordance with the terms and conditions of this Agreement, including full satisfaction of the Informal Dispute Resolution Procedure.

The arbitrators involved in a Mass Filing are encouraged to resolve the matters before them within 120 calendar days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. You and we agree to this process even though it may delay the arbitration of your Claim.

Stage One: Subject to any procedural changes the parties agree to in writing, in the first stage, counsel for the claimants and counsel for MoneyLion shall each select 10 Claims per side (20 Claims total) to be filed and to proceed in individual arbitrations (the “Bellwether Arbitrations”). NAM shall appoint, in accordance with the NAM Rules, a different, single arbitrator to each of the individual arbitrations, unless the parties agree otherwise in writing. Any remaining Claims shall not proceed in arbitration during the pendency of the Bellwether Arbitrations.

Stage Two: After the initial Bellwether Arbitrations are completed, the parties shall promptly engage in a global mediation session of all remaining Claims, which shall occur within sixty (60) days, as practicable and subject to mediator availability, or as soon thereafter as possible. The parties shall share equally in the mediator’s fee. 

Stage Three: If the global mediation does not successfully resolve all remaining Claims, then NAM shall (1) administer the remaining Claims in batches of 100 demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual demands are filed, a single batch of all those demands, and, to the extent there are fewer than 100 demands remaining after the batching described above, a final batch consisting of the remaining demands); (2) appoint, in accordance with the NAM Rules, one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). The parties agree that all batches shall proceed concurrently, to the extent possible. You and MoneyLion agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of one set of administrative fees for each batch of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. The parties agree that the arbitrator’s final award for each Batch will include, as relevant, individual determinations concerning liability, defenses, causation, damages, and any other relief for each Claim in that Batch, and MoneyLion retains all individualized defenses as to each Claimant. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

Between stages, counsel for both parties will meet and confer regarding ways to improve the efficiency of the Mass Filing. Either party may also negotiate with NAM regarding the amount or timing of NAM’s fees. You, in turn, agree to give your best efforts to participate in a meaningful way in the entire arbitration process, including by attending any preliminary and merits hearings, unless otherwise agreed to in writing by MoneyLion.

You and MoneyLion agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere Claims between us. You and MoneyLion acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such Mass Filings.

The procedures described in this section shall apply equally to Claims asserted by customers and Claims asserted by MoneyLion.

           i. Severability

Except as provided in the section 4(g) titled “Waiver of Class or Other Non-Individualized Relief” above, if a court or the arbitrator decides that any term or provision of this Agreement (other than the section 4(h) titled “Mass Filings” above) is invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect. If a court or the arbitrator decides that any of the provisions of section 4(h) above titled “Mass Filings” are invalid or unenforceable, then the entirety of this Agreement will be null and void, and the parties agree that all Claims will be heard in the state or federal courts located in New York City.

           j. Future Changes to Arbitration Provision

You and we agree that MoneyLion retains the right to modify this Agreement in the future. If MoneyLion makes any future material change to this Agreement, it will notify you as required by law. Your continued use of the Services constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement and you did not validly opt out of arbitration then, changes to this Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. MoneyLion will continue to honor any valid opt outs of previous agreements to arbitrate that you made in connection with a prior version of this Agreement.


  1. Small Claims

As an alternative to arbitration, either you or MoneyLion may bring a Claim seeking only individualized relief in the small claims court for the county (or parish) of your address on file, so long as the Claim qualifies for small claims court and is not removed or appealed to a court of general jurisdiction. If a Claim qualifies for small claims court but an arbitration Demand for that Claim has been filed, either party may instruct NAM to administratively close the case, and NAM shall refuse to administer the arbitration.

 

  1. Governing Law

This Agreement shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any Claim that is not subject to arbitration shall be brought in the appropriate state or federal court located in New York County, New York, except for Claims brought in small claims court under section 5. You and MoneyLion each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in the City and County of New York, New York, for the adjudication of all non-arbitrable Claims.

 

  1. Survival

The arbitration provision described herein shall survive termination of this Agreement, unless you have opted out pursuant to section 4(a). Before seeking to avoid arbitration based on an alleged defect in the arbitration process, you must provide MoneyLion written notice of the alleged defect and 30 calendar days to cure it, to the extent the defect is capable of cure.

 

  1. Entire Agreement and Precedence

This Agreement constitutes the entire agreement between you and MoneyLion with respect to the subject matter hereof (i.e., dispute resolution) and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. In the event of any conflict or inconsistency between the provisions of this Agreement and those of any other agreement or understanding between the parties with respect to the subject matter hereof, the terms of this Agreement shall prevail and be binding. The parties acknowledge that they have not relied on any representation, warranty, agreement, or statement other than those expressly set out in this Agreement.

 

  1. Confidentiality

You and MoneyLion agree to keep confidential and shall not share with anyone except the party’s respective attorneys, accountants, or business advisors all aspects of the arbitration, any confidential information produced in the arbitration, and any arbitration award or decision. But either party may disclose such information to the extent needed to pursue the arbitration or to appeal or confirm any award. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the fullest extent permitted by law.