POCKYT PAYEE TERMS OF SERVICES

Yuansfer Inc, DBA Pockyt(“Pockyt”, “we” or “us”) invites you (“you” or “Payee”) to access our pay portal (the “Pay Portal”) and the services we provide through the Pay Portal, including without limitation, payment services (collectively with the Pay Portal, the “Services”). These Terms of Service state the terms and conditions under which you can use the Services. Please read these Terms of Service carefully. By clicking “I ACCEPT,” or using the Services you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is hereby incorporated by reference (collectively, this Agreement”).The Agreement may be updated by us from time to time without notice to you. In any event, you will be required to affirmatively accept any revised Terms of Service prior to next logging-in to your Pay Portal account.

IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THE AGREEMENT, THEN PLEASE DO NOT ACCESS OR USE THE PAY PORTAL AND/OR THE SERVICES.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the availability of the Pay Portal and/or the Services, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Pay Portal. By continuing to access or use the Pay Portal and/or the Services after we have posted a modification on the Pay Portal or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement.

1. General

• 1.1 About Pockyt Services
  
• 1.1.1 Pockyt provides Services through an API and related software and technology that allows Payees to accept payment from merchants (“Merchant Payors”) that designate such Payee as a recipient of payment through the Pay Portal.
  
• 1.1.2 To access and use the Pay Portal, Payees are required to register and log-in to the Pay Portal.
  
• 1.1.3 Pockyt operates and provides its payment Services through the payment partners (“Payment Partners”) it contracts with to provide such Services. Pockyt may disclose to such Payment Partners any information, including personal information, required for it to perform its duties, in accordance Pockyt’s Privacy Policy.

2. Services and Account Registration

• 2.1 Access to Pockyt and to Third-Party Payment Partner’s Sites and Services
  • 2.1.1 To be eligible to use the Services, you must be a designated payee of a Payor, at or above an age of majority in your country of location and located in a country supported by Pockyt’s Payment Partners.
  • 2.1.2 To receive the Services, you must complete the registration process for an account (the “Account”) by providing current, complete and accurate information as prompted by the registration process on the Pay Portal and on Pockyt’s Payment Partner’s Pay Portal and agreeing to the Terms of Service presented by each of Pockyt and the Payment Partner. If Pocky or its Payment Partner identifies that you have registered more than once, or violated any other registration restrictions, we may discontinue your access to our Services without notice. SEE SECTION 2.5 FOR MORE INFORMATION ON ACCOUNT REGISTRATION.
  • 2.1.3 You acknowledge and agree that Pockyt is acting as your receiving agent to accept payments from your Payor. Your access and use of the Pay Portal is subject to the fees charged by us and our Payment Partners. All Payment Partner fees are established between Pockyt and its Payment Partners and in accepting this Terms of Service, you agree that all applicable fees shall be automatically deducted by Pockyt from each payment sent to you from a Merchant Payor through the Payment Portal.
  • 2.1.4 You acknowledge and agree that the Pockyt’s Payment Partners may have different privacy policies and terms and conditions and/or user guides and business practices than Pockyt, and you further acknowledge and agree that your access to Payment Partners are governed by the respective privacy policy and terms and conditions and/or user guidelines of such Payment Partner. You hereby agree to comply with any and all such terms and conditions, users guides and privacy policies of any Payment Partner. YOU AGREE THAT POCKYT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH PAYMENT PARTNER SERVICES AND/OR DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY PAYMENT PARTNERS.
  • 2.1.5 In order to use the ACH payment functionality of Pockyt application, you must open a Dwolla Account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla’s financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize Pockyt to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through Pockyt application, and Dwolla account notifications will be sent by Pockyt not Dwolla. Pockyt will provide customer support for your Dwolla Account activity, and can be reached at https://pockyt.io, support@pockyt.io and/or 855-982-6888.
• 2.2 Your Responsibilities
  • 2.2.1 You represent that your email account and all information sent to and from your email account is secure and nobody has access to your email account except for you.
  • 2.2.2 You acknowledge and agree that: (i) you are not a third-party beneficiary of any contract between Pockyt and any third party, and (ii) if you are using the Services to receive payment from a Merchant Payor that Merchant Payor is solely responsible for paying you and any dispute related to Payor’s failure to pay you shall be solely between you and the applicable Merchant Payor. You may not assign or transfer your right to utilize the Pay Portal to any third party.
• 2.3 Unauthorized Activities and Guidelines
  • 2.3.1 When using the Services, you agree that your use of our Services is in connection with your commercial relationship with and as a designated payee of a Merchant Payor in order to receive funds from your Payor.
  • 2.3.2 Pockyt is available worldwide. It is your responsibility to assess whether your use of Pockyt is in compliance with local laws and regulations.
  • 2.3.3 You agree that you may not and will not use the Services:
    • for any purpose that is unlawful, fraudulent, deceitful, illegal, misrepresentative, dishonest
    • if you are located, residing, working or conducting business in any country restricted by US Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List, or the U.S. Department of State’s Designated Foreign Terrorist Organizations List, as applicable and may be amended from time to time; and any other sanctions.
    • for any illegal purposes including but not limited to fraud and money laundering.
    • In any attempt to abuse, exploit or circumvent any law or regulation.
    • You are not permitted to use Pockyt in any manner that substitutes or contributes to the prohibited activities listed on www.pockyt.io.
  • 2.3.4 If we believe, at our sole discretion, that your use of Pockyt violates these Terms of Service and it is appropriate, necessary, or desirable to do so, we may:
    • Send you a formal warning;
    • Temporarily or permanently prohibit your Account or use of Services;
    • Report you to public authorities; or
    • Commence a legal action against you
• 2.4 Identity Verification and Permissions
  • 2.4.1 You acknowledge and agree that Pockyt and its Payment Partners may, at any time, ask you for information, including personal information, that will allow us to reasonably identify you, require you to take steps to confirm the accuracy and/or completeness of information you have provided to us, and/or verify your information against third-party databases or through other means for purposes of providing the Services to you and/or as may be required to perform required screening, monitoring, and investigation of your activities and in order to comply with applicable laws. Information we may require from you may include your name, address, date of birth, government identification number, taxpayer identification number, phone number, email address, and other information that will allow us to identify you. Such information shall be used in accordance with our Privacy Policy and you hereby consent to the collection and use of such information in accordance with the Agreement.
• 2.5 User Account
  • 2.5.1 Before creating your Account, you will be requested to read and accept these Terms of Service and review our Privacy Policy. When you register for an account on the Pay Portal, you will be asked to establish a user name (“User ID”) and password and you may be requested to provide certain additional information that will assist in authenticating your identity when you log-in in the future (collectively, “Login Credentials”). You may not transfer your account to anyone else without our prior written permission. When creating your account, you must provide true, accurate, current, and complete information about yourself and/or the business that you represent. In cases where you wish to correct your personal information provided or need to re-sign your Agreement, you may reach out to Pockyt. Any newly signed Agreement will be valid and will render previously signed Agreement null and void.
  • 2.5.2 You are responsible for the activity under your account. Each User ID and corresponding password can be used by only one individual. Multiple registrations are prohibited, and you may register only once. You are responsible for maintaining the confidentiality of your account Login Credentials. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs on your account as a result of you sharing your password with another or failing to protect it. Pockyt is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password. You agree to immediately notify us of any unauthorized use or suspected
    unauthorized use of your account or any other breach of security. We reserve the right to delete or change your Login Credentials at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.By registering your Account, you acknowledge, agree, and warrant that:
  • 2.5.3 You are solely responsible for using secure Internet connection and protected networks while using the Services. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.
    • You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of the Services;
    • You can conclude legally binding contracts with us; and
    • You are a human individual.
  • 2.5.4 At any time, you may delete your Account through the dashboard of your Account or by contacting us. Upon deletion of the Account, these Terms shall terminate.
  • 2.5.5 We reserve the right to suspend or terminate your Account if, at our sole discretion, we have grounds to believe that your use of Services seriously and repeatedly breaches these Terms or Service. We may also suspend or terminate your Account upon a lawful request of a public authority.
• 2.6 Agent Authorization
  • Payee authorizes Pockyt, and Pockyt agrees to act, as Payee’s agent for the purposes of holding and/or receiving payments from Payor on Payee’s behalf. Pockyt and Payee agree to the following:
    • In connection with the Services, Pockyt hereby agrees to act, as the Payee agent for the purposes of holding, receiving and disbursing funds on the Payee’s behalf. To the extent required by applicable law, each of Pockyt and the Payee hereby agrees to and acknowledges the following:
      • (i) the Payee assumes sole and complete responsibility, without recourse to Pockyt, for honoring any agreement between Payee and Merchant at least upon the Payee’s receipt of a payout;
      • (ii) There is no risk of loss to the Merchant initiating a Transaction if Pockyt fails to remit a payout to Payee;
      • (iii) Receipt of Transaction proceeds by Pockyt is deemed receipt of payment by Payee; and
      • (iv) Merchant and Pockyt are aware that Pockyt acts as an agent solely for the purposes of the receiving, holding and disbursing of payments to Payee.

3. Electronic Communication and Personal Data

• 3.1.1 You consent to receiving electronic communications, including electronic notices, from Pockyt. These electronic communications may include notices about applicable fees and charges, transactional information and other information provided on or through the Site. These electronic communications are part of your relationship with Pockyt. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  
• 3.1.2 Pockyt will retain your personal data for the least amount of time necessary for the purpose for which it is collected. Your personal data may be used for marketing purposes, to comply with regulatory requirements, and to meet business needs to provide the Services to you.
  
• 3.1.3 If Pockyt becomes aware of any unauthorized use or disclosure of your Data, we will promptly report the unauthorized use or disclosure of Data you in accordance with local regulations. We will cooperate with any remediation that you determine is necessary to
  (i) address any applicable reporting requirements and (ii) mitigate any effects of unauthorized use or disclosure of the data.
  
• 3.1.4 In consultation with you, Pockyt will take appropriate and reasonable measures to secure your Data and limit any possible detrimental effect on the Data Subjects. Where obligations are placed on you under the Data Protection Law, Pockyt shall provide commercially reasonable assistance in meeting them.

4. Intellectual Property

• 4.1 All of the content available on the Services, including all information, software, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “Pockyt Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. The Pockyt Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorization from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the Pockyt Content to third parties, or use any manual or automated means to scrape any content available on the Services.
  
• 4.2 You may not use the brand, the word or figurative trademarks associated with Pockyt or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
  
• 4.3 Pockyt can be used for accessing third-party content (the “Third-Party Content”). The Third-Party Content is owned by third-party proprietors and such third-party intellectual property does not belong to us. The Third-Party Content remains the sole property of the respective third-party proprietors. You may not use any Third-Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of the Services.
  
• 4.4 If you have any grounds to believe that any content available on or through the Services violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
  
• 4.5 With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

5. Force Majeure

We put reasonable efforts to ensure that the Services is always accessible to you. However, the availability of the Services may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of the Services caused by such factors.

6. Disclaimer of Warranties

• 6.1 We provide the Services on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Services, the Third-Party Content, or other content featured on or accessed by using the Services, whether provider by us or by third parties, and hereby disclaim all warranties regarding the Services and its operation.
  
• 6.2 It is your sole responsibility to verify and assess the fit for the purpose of the Services prior to using it and to decide whether or not the Services fits for the intended use.
  
• 6.3 By using the Services, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. You cannot select or decline the third-party suppliers. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
  
• 6.4 Nothing in these Terms of Service shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

7. Limitation of Liability

• 7.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, consequential, punitive, special or other related damages, arising out or in connection with your use or inability to access the Services, any content made available through the Services, whether provided by us or by third parties, any transactions concluded through the Services, or use of the Services for unauthorised or unlawful purposes. Any direct damages that you may suffer as a result of your use of the Services or the content shall be limited to one hundred dollars ($100).
  
  Some jurisdictions do not allow the exclusion of certain warranties.  Therefore, some of the above limitations on warranties in this section may not apply to you.
  
• 7.2 This Section 7 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

8. Indemnification

You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, your use of the Services, or your violation of any law or the rights of a third party, including without limitation, intellectual property rights.

9. External Sites

The Payment Portal may contain links to third-party websites and through our Services you may access links to third-party sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

10. Compliance With Applicable Laws

The Payment Portal and the Services are based in the United States. We make no claims concerning whether the Pay Portal may be viewed or be appropriate for use outside of the United States. If you access the Pay Portal or the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

11. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

12. Governing Law and Dispute

• 12.1 Governing law. These Terms shall be governed and construed in accordance with the laws of the state of New York, the United States of America, without regard to its conflicts of law provisions.
• 12.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in New York, the United States of America. You hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New York for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient
  forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement
• 12.3 This Section 12 does not affect any statutory rights that you are entitled to as a consumer.

13. Protection of Account Information

Pockyt will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Account information. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Account information by Pockyt personnel except: (a) to provide the Services and to prevent or address service or technical problems, or (b) as Payee expressly permits in writing.

14. Binding Arbitration

In the event of a dispute arising under or relating to this Agreement or the App or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND
DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Pockyt from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Pockyt’s proprietary interests.

15. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Miscellaneous

• 16.1 Term and Termination. The Terms of Service are effective as of the date indicated at the top of the Term of Service. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. You may close your Pay Portal at any time by contacting us at support@Pockyt.io. For accounts created with our Payment Partners, you understand that you must contact the Payment Partners directly to close your Pay Portal or account with such Payment Partner.
• 16.2 Amendments. We reserve the right to modify these Terms of Service from time to time, effective upon posting of an updated version on the Pay Portal. Such amendments may be necessary due to new features of the Services, changes in the requirements of laws, regulations, or our business practices. You are responsible for regularly reviewing these Terms of Service. Your affirmative acceptance of an updated Terms of Service will be required prior to accessing the Services after such change. We also reserve the right to modify the services provided through the Services, availability of the Services, equipment needed for access or use, materials available on the Services, and any other features of the Services at any time, at our sole discretion.
• 16.3 Transfer of Rights. You are not allowed to assign your rights under these Terms of Service. We are entitled to transfer our rights and obligations under these Terms of Service entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can delete your Account and cease using the Services.
• 16.4 Merger or acquisition. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Services may be part of the transferred assets.
• 16.5 Entire Agreement. The Agreement, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of the Services.

17. General Agreement

If any of these Terms of Service is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Pockyt’s failure to enforce any of these Terms of Service is not a waiver of such term. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Service.

18. Contact Information

For inquiries or complaints regarding Pockyt Services, its Terms of Service, please contact Pockyt at 28 Liberty St, 6^th Fl, New York, NY 10005, or at support@Pockyt.io.

APPENDIX 1

W-8BEN INSTRUCTION FORM FOR NON-US PAYEES

Yuansfer Inc, DBA Pockyt (“Yuansfer”, “we” or “us”) requires all payees (“you” or “Payee”) that are both
(1) not United States citizens, and (2) not resident in the United States to complete, sign, and return form W-8BEN: Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals) to Pockyt before receiving payment.

The W-8BEN form is used to establish that you are a foreign person, and, if eligible, able to claim a reduced rate or exemption from income tax withholding as a resident of a foreign country, potentially through a reciprocal tax treaty between the United States and your country of residence. If you are (1) a United States citizen, or (2) a non-United States citizen who is resident in the United States and have a legal right to work in the United States, and believe that you received a W-8BEN form in error, please contact Pockyt by email at application@pockyt.io or by phone at 855.982.6888.

The W-8BEN form contains three parts and can be obtained at https://www.irs.gov/forms-pubs/about- form-w-8-ben. Please refer to the instructions below for assistance in completing the W-8BEN form

NOTE: The instructions below describe general protocol for completing the W-8BEN form. The instructions are provided as a courtesy to assist you in completing the W-8BEN form and do not constitute tax and/or legal advice. You must direct any specific or case-dependent inquiries to a certified tax professional practicing in your country of residence. By accepting the terms of the Agreement and completing the W- 8BEN form, you acknowledge that you are responsible for providing correct and complete information, and accept all legal responsibility for providing incorrect information. Full instructions provided by the United States Internal Revenue Service (“IRS”) can be found at https://www.irs.gov/forms-pubs/about- form-w-8-ben

Please upload this form in the “Documents” section in your Pockyt Payee Portal.

Part 1: Identification of Beneficial Owner

• Line 1: Enter the name of the foreign worker who will receive payment.
• Line 2: Enter the country of citizenship. If you are a dual citizen, enter the country where you are both a citizen and a resident at the time you complete this form. NOTE: If you are a United States citizen, you should not complete this form even if you hold citizenship in another jurisdiction.
• Line 3: Enter your permanent residence address. Your permanent residence address is the address in the country where you claim to be a resident for purposes of that country’s income tax. If you are completing Form W-8BEN to claim a reduced rate of withholding under an income tax treaty, you must determine your residency in the manner required by the treaty. NOTE: Do not use PO Box, the address of a financial institution, or an address solely for mailing purposes.
• Line 4: Enter your mailing address only if it is different from the address you show on line 3.
• Line 5: If you have a social security number (SSN), enter it here. If you do not have an SSN, please follow the full IRS instructions in the link provided above at Line 5.
• Line 6: Please refer to the full IRS instructions in the link provided above regarding item 6a and 6b to understand how to properly complete these items based on your individual circumstance.
• Line 7: This line may be used by the filer of Form W-8BEN or by the withholding agent to whom it is provided to include any referencing information that is useful to the withholding agent in carrying out its obligations. The contractor may include the number of the account to which payments are being made or another relevant reference number.
• Line 8: Enter your date of birth in the following month-day-year format: MM-DD-YYYY

Part 2: Claim of Tax Treaty Benefits

• Line 9: If you are claiming treaty benefits as a resident of a foreign country with which the United States has an income tax treaty for payments subject to withholding under chapter 3 or under section 1446(a) or (f), identify the country where you claim to be a resident for income tax treaty purposes. For treaty purposes, a person is a resident of a treaty country if the person is a resident of that country under the terms of the treaty. A list of U.S. tax treaties is available at https://www.irs.gov/individuals/international-taxpayers/tax-treaties    and https://www.irs.gov/businesses/international-businesses/united-states-income-tax-treaties-a- to-z.
• Line 10: Use only if you are claiming treaty benefits that require that you meet conditions not covered by the representations you make on line 9 and Part III. This line is generally not applicable to treaty benefits under an interest or dividends (other than dividends subject to a preferential rate based on ownership) article of a treaty. For a full list of examples as to when you must use line 10, see the full IRS instructions linked to above at Line 10.

Part 3: Certification

• Signature and Certification: Form W-8BEN must be signed and dated by the beneficial owner of the amount subject to withholding or (or an agent with legal authority to act on the person’s behalf).