Lucid Financial Services Online Service Agreement

Effective Date: March 31, 2023

Table of Contents:

1.     General Description of Lucid Financial Services¹  Online Servicing Agreement (this "Agreement")

2.     Payments to Your Lucid Financial Services Accounts

3.     Error Resolution Procedures for Consumer Accounts

4.     Disclaimer of Warranties, Limitation of Liability, and Indemnification

5.     Other Terms and Conditions

1.  General Description of Lucid Financial Services Online Servicing Agreement (this "Agreement")

A.  What This Agreement Covers

This Agreement is between each owner of an eligible account, a person applying for an eligible account, or authorized representative appointed or entitled to online access on another person’s behalf (“you” or “your”) and Bank of America, N.A. (Bank of America). This Agreement governs your use of any online or mobile banking services maintained by Bank of America and accessible through lfs.lucidmotors.com using a personal computer or a mobile device, including a smartphone, tablet, or any other eligible handheld or wearable communication device (the “Services”).

Under the terms of this Agreement, you may use the Services to obtain financial products and services, access and view account information, and, for certain accounts, move money electronically and perform authorized transactions, for eligible U.S.-based Lucid Financial Services accounts.

When you first register for access, you will have the opportunity to link your eligible Lucid Financial Services account after you complete the Add Account step. If you open an additional account at a later date, you may add this account once you log in by entering the last four of your Social Security Number, Account Number, and Billing Zip Code.

When your Service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer.

Please note that some of the Services may not be available at all times.

B.  Accepting the Agreement

When you apply for, enroll in, activate, download or use any of the Services described in this Agreement or authorize others to do so on your behalf, you are contracting for all Services described in the Agreement and agree to be bound by the terms and conditions of the entire Agreement, as well as any terms and instructions that appear on a screen when enrolling in, activating or accessing the Services.

C.  Relation to Other Agreements

Your use of the Services may also be affected by your agreement with us for your Lucid Financial Services accounts linked to the Service. When an account is linked to the Services, it does not change the agreements you already have with us for that account and you are still subject to the terms and conditions we gave you in the agreement and disclosure for the linked account. The terms and conditions for those account agreements, including any applicable fees, transaction limitations, liability rules and other restrictions that might impact your use of an account with the Services, are incorporated into this Agreement. In the event of a conflict between the terms of those account agreements and this Agreement, the terms of the applicable account agreement will prevail unless this Agreement specifically states otherwise.

2.  Payments to Your Lucid Financial Services Accounts

¹/ Funds transferred as a payment to an eligible installment loan or lease after the applicable cut-off time indicated above but by 11:59 p.m. ET will be credited with the date the payment is submitted. It may take up to 3 business days for these updates to be reflected in your payment history.

You may use the Service to make payments on your eligible Lucid Financial Services Loan or Lease accounts without a fee, on either a one-time or recurring (Auto Pay) basis, from your checking account that you have added to the Service

Payments to your vehicle loan or lease account from your checking account can be for any amount up to $10,000.00.  Only one transaction is permitted per business day with a maximum of $10,000.00. For assistance with payments greater than $10,000.00, please contact customer service at 1-833-641-2011 for loan or 1-833-562-1083 for lease.

Payments to your Loan or Lease accounts from a checking account that are initiated by 5:00 p.m. ET will be applied on the same day. It may take up to 3 business days for these updates to be reflected in your account balances, funds availability, and transaction posting.

If the financial institution upon which your payment is drawn rejects, refuses, or returns the payment, the payment to your Loan or Lease account will be reversed and you may incur late payment or other fees. The institution holding your deposit account may impose a returned item or other fee.

Recurring payments (Auto Pay) to your Loan or Lease accounts from your checking account can be canceled three (3) business days before the scheduled automatic payment dateis scheduled to be made. A one-time payment to your Loan or Lease accounts can be canceled after it has been submitted only if cancelled before 5:00 p.m. ET of the Payment Date selected

The best way to cancel a future scheduled or recurring payment is to follow the instructions on our website. The cancel feature is found in the One Time Payment or Auto Pay section of the service. You may also request to cancel a future scheduled or recurring payment by calling the Lucid Financial Services customer service number: 1-833-641-2011 for loan or 1-833-562-1083 for lease.

3. Error Resolution Procedures for Consumer Accounts

A.  In Case of Errors or Questions About Your Electronic Transactions

Call Lucid Financial Services customer service number: 1-833-641-2011 for loan or 1-833-562-1083 for lease.

You may also write us at:

Lucid Financial Services

PO Box 450

Williamsville, NY 14231

Contact us immediately if you think:

Your statement or transaction record is wrong

You need more information about a transaction listed on your statement An unauthorized person has discovered your password

B.  Limitation of Liability for Online Banking Transactions

Tell us at once if you believe your password has been compromised, the best way to minimize your loss is to call us immediately.

If you give your email address and password and grant authority to make transfers to a person who exceeds the authority given, you are responsible for all transactions that person performs unless you notify us that the transfers by that person are no longer authorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.

Note: These liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and does not apply to business accounts. Also, the state law applicable to your account may give you more time to report an unauthorized transaction or may give you more protection.

C.  Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable:

If, through no fault of ours, you don't have enough available funds in your account

If the Service wasn’t working properly, and you knew about the malfunction when you started the transaction or transfer

If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken

There may be other exceptions not specifically mentioned

4. Disclaimer of Warranties, Limitation of Liability and Indemnification

A.  Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR OUR VENDORS, INCLUDING  OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES. WE AND OUR VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICES DESCRIBED OR PROVIDED. NEITHER WE NOR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOR PURPOSES OF THIS AGREEMENT, “VENDOR(S)” MEANS ANY THIRD-PARTY SERVICE PROVIDER, NETWORK OR PARTNER FINANCIAL INSTITUTION WE MAY ENGAGE TO PERFORM FUNCTIONS FOR US UNDER THIS AGREEMENT.

NEITHER WE NOR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, WARRANT THAT THE WEB SITE, OR THE SERVER THAT MAKES THEM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS.

B.  Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR OUR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR FAILURE TO EXECUTE ANY TRANSFER OR PERFORM A RELATED ACT IF SUCH FAILURE IS DUE TO CAUSES OR CONDITIONS BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, STRIKES, RIOTS, INSURRECTION, WAR, MILITARY OR NATIONAL EMERGENCIES, ACTS OF GOD, NATURAL DISASTERS.

FIRE, OUTAGES OF COMPUTERS OR ASSOCIATED EQUIPMENT, QUARANTINES, PANDEMICS. OR FAILURE OF TRANSPORTATION OR COMMUNICATION METHODS OR POWER SUPPLIES.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF US OR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS AND AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

C.  Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Services, and except as otherwise provided in  this Agreement, you agree to indemnify, defend and hold harmless us, our Vendors, including our or their owners, directors, officers, agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of your use, misuse, errors, or inability to use the Services, or any violation by you of the terms of this Agreement or your breach of any representation or warranty contained in this Agreement.

The provisions of Sections 4.A, B and C shall survive termination of this Agreement.

5. Other Terms and Conditions

A.  Service Charges

Except as otherwise provided in this Agreement or your applicable account agreements and schedule of fees, there is no service charge for accessing your linked accounts with the Service.

In addition to the fees already described in this Agreement, you should note that depending on how you access the Services, you might incur charges for:

Normal account fees and service charges, such as stop payment requests, check copy orders and account statement copy orders. Internet service provider fees.

Wireless carrier fees.

Returned item fees from the payee or overdraft fees may apply if you schedule payments or transfers and your available balance is not sufficient to process the items on the dates scheduled and/or on the dates when the items are presented to us for payment.

B.   Service Hours

The Services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on to the Service. Our Call Centers are available Monday through Thursday from 8:00 a.m. To 11:00 p.m. and Friday from 8:00 a.m. to 9:00 p.m., and Saturday from 9:00 a.m. to 5:30 p.m.ET, excluding bank holidays, and may be reached through the contact numbers contained in the applicable sections of this Agreement. You may also write us at:

Lucid Financial Services

PO Box 450

Williamsville, NY 14231

C.   Business Days

For the Services, our business days are Monday through Friday, excluding bank holidays.

D.  Changes to Agreement

We may add, delete or change the terms of this Agreement at any time. We will inform you of changes when legally required and will try to inform you of the nature of any material changes even when not legally required to do so. We may communicate changes by either mail, email or a notice on our website and will make the updated terms available on our website. You agree that by continuing to use the Services after the date that changes are posted to our website, such changes will be effective for transactions made after that date, whether or not you access the website or otherwise receive actual notice of the changes. If you do not agree with a change, you may discontinue using the Services.

E. Cancellation

The Services remain in effect until they are terminated by you or Bank of America. You may cancel your Services at any time by notifying us of your intent to cancel by calling customer service at1-833-641-2011 for loan or 1-833-562-1083 for lease This cancellation applies to your Services, and does not terminate your Lucid Financial Services accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the Service.

We may terminate your participation in any or all of your Services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obliged to do so.

F. Disclosure of Account Information

We may disclose information about your accounts to consumer reporting agencies and to other persons or agencies who, in our judgment, have a legitimate purpose for obtaining information, as more fully described in the account agreement for the applicable account.

By using our services, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use, or to disclose to Bank of America, or other entities working with Bank of America, your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device status details, if available, where provided in accordance with your mobile operator's privacy policy, for the duration of our business relationship solely to help  verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of our services.

We will only use personally identifiable information in accordance with our Online Privacy Notice and U.S. Consumer Privacy Notice. For more information, go to our Web site at https://www.bankofamerica.com/privacy.

We make security and the protection of your information a top priority. You can access our Online Privacy Notice and U.S. Consumer Privacy Notice at https://www.bankofamerica.com/security-center/overview/, which are incorporated into and made a part of this Agreement by this reference.

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