This E-Sign and Electronic Communications Notice (this “Notice”) is given by Mosaic Technologies, an exempted company incorporated in the Cayman Islands with registration number 426921 (“Mosaic”, “we”, “us” or “our”), which operates the Mosaic platform (the “Platform”). It applies to the business customer that applies for or holds a Mosaic account (the “Customer”, “you” or “your”) and to each individual who accepts it on the Customer’s behalf or uses the Platform as an Authorized User.
PLEASE READ THIS NOTICE CAREFULLY AND KEEP A COPY. MOSAIC PROVIDES ITS SERVICES ONLY ELECTRONICALLY. IF YOU DO NOT CONSENT TO THIS NOTICE, YOU MAY NOT APPLY FOR OR USE THE PLATFORM OR ANY CARD.
1. Scope
1.1. Agreements. This Notice applies to the Mosaic Platform Services Agreement, the Mosaic Spend Card Terms (the “Card Terms”), the Mosaic Card Authorized User Terms, the Mosaic Rewards Terms, the Mosaic Prohibited Activities and every other agreement, policy or set of terms that we publish on the Platform or at mosaic.ky, each as amended from time to time (together, the “Agreements”). Capitalized terms used but not defined in this Notice have the meanings given to them in the Mosaic Platform Services Agreement.
1.2. Communications. “Communications” means every agreement, amendment, disclosure, notice, statement, confirmation, receipt, record, policy, privacy notice, tax or regulatory document, response to a claim or complaint, and other communication that we, the Issuer or any other Third-Party Provider give you, or are required by law to give you, in connection with the Agreements, the Platform, the Account or any Card.
1.3. Card program. Cards are issued by Third National (the “Issuer”) under licence from Visa, and the card program is managed by Rain (Signify Holdings, Inc.). This Notice is also the Issuer’s E-Sign and Electronic Communications Notice referred to in the Card Terms and the Mosaic Card Authorized User Terms. Your consent under this Notice extends to Communications from the Issuer and the other Messaging Parties (as defined in the Card Terms), whether they send them to you directly or we send them on their behalf.
2. Your Consent
2.1. Electronic Communications. By clicking to accept this Notice in the online application form, or by applying for or using the Platform or any Card, you consent to receive all Communications electronically, and you agree that neither we, the Issuer nor any other Third-Party Provider need give you any Communication on paper.
2.2. Electronic signatures and records. You agree that you may accept the Agreements, authorize Transactions and give any other consent or instruction electronically, including by clicking a button or checkbox, typing your name or using your Authentication Credentials, and that each such act is your electronic signature. Your electronic signature binds the Customer to the same extent as a handwritten signature. Electronic Communications and records satisfy any legal requirement that a Communication be in writing, be signed, or be given or kept in original form, including under the Electronic Transactions Act (2003 Revision) of the Cayman Islands and, to the extent it applies, the U.S. Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.).
2.3. Authority. The individual who accepts this Notice represents and warrants that they are at least 18 years old and are authorized to give this consent on behalf of the Customer. The Customer is responsible for ensuring that each Authorized User accepts this Notice before using the Platform or any Card.
3. How We Deliver Communications
3.1. Methods. We may deliver a Communication by:
(i) posting it on the Platform or in the Mosaic app;
(ii) sending it to the primary email address on file for the Customer or the relevant Authorized User;
(iii) posting it at mosaic.ky and telling you on the Platform or by email that we have done so; or
(iv) text message or push notification, where you have provided a mobile number or enabled notifications.
3.2. When a Communication is received. A Communication is treated as received when we post it on the Platform or send it to the email address on file, whether or not you open or read it. If you do not receive an email because the address on file is incorrect, out of date or unable to receive it, the Communication is still treated as delivered.
3.3. No telephone or postal service. Mosaic does not provide service by telephone or by post. You can contact us by email at support@mosaic.ky or through the in-app chat.
4. System Requirements
4.1. What you need. To access and keep Communications you need:
(i) a device with an internet connection;
(ii) a current version of Google Chrome, Apple Safari, Mozilla Firefox or Microsoft Edge with cookies and JavaScript enabled, or the current Mosaic app on a supported version of iOS or Android;
(iii) a valid email account;
(iv) software that opens PDF files; and
(v) the ability to download, save or print Communications.
4.2. Changes. If we change these requirements in a way that creates a material risk that you will not be able to access or keep Communications, we will tell you before the change takes effect, and you may withdraw your consent without charge under the Withdrawing Your Consent section below.
5. Contact Details and Copies
5.1. Contact details. You must keep the email address and mobile number on file for the Customer and each Authorized User current. You can update them on the Platform or by emailing support@mosaic.ky.
5.2. Copies. You should download, save or print each Communication for your records. You may request a copy of any Communication by emailing support@mosaic.ky, and we will send it to you electronically without charge. We do not provide paper copies unless the law requires us to do so, in which case we may charge a reasonable fee, which we will tell you before we send the copy.
6. Withdrawing Your Consent
6.1. How to withdraw. You may withdraw your consent at any time by emailing support@mosaic.ky from the email address on file. There is no charge to withdraw.
6.2. Effect of withdrawal. Because Mosaic provides the Platform and Cards only electronically, we may treat a withdrawal of consent as notice to terminate the Agreements, close the Account and cancel any Cards in accordance with the Agreements, which govern what happens to any balances. A withdrawal takes effect within a reasonable time after we receive it and does not affect the legal effect of any Communication given, or any electronic signature made, before it takes effect.
7. Changes to This Notice
7.1. Amendments. We may amend this Notice, and the Issuer may amend it in respect of Communications relating to Cards, by posting the amended Notice at https://mosaic.ky/legal/e-sign and updating the “Last Updated” date. Your continued use of the Platform or any Card after the amended Notice is posted means that you accept it.
8. Governing Law and Disputes
8.1. Governing law. Any dispute about a Communication or an electronic signature is governed by the governing law and dispute resolution provisions of the Agreement to which it relates. Any other dispute arising out of or relating to this Notice is governed by the laws of the Cayman Islands and will be resolved in accordance with the arbitration provisions of the Mosaic Platform Services Agreement.
9. Contact
9.1. Questions. If you have any questions about this Notice, email support@mosaic.ky or use the in-app chat.