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Electronic Signatures and Electronic Communications Consent

Electronic Signatures and Electronic Communications Consent

Last Updated: January 22, 2026

This Electronic Signatures and Electronic Communications Consent ("E-Sign Consent") applies to you and, if applicable, the business entity you represent (collectively, "you"), and governs your use of electronic records, electronic signatures, and electronic communications in connection with the websites, applications, products, and services provided by Xoan Technology Inc. and Xoan Capital LLC and their affiliates (collectively, "Xoan," "we," "us," or "our").

This E-Sign Consent is entered into pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) ("E-SIGN") and applicable state laws.

By accessing or using the Xoan Services, signing electronically, clicking to accept, or otherwise indicating assent, you consent to the use of electronic records, electronic signatures, and electronic communications as described below.

  1. Scope of Consent

You consent to Xoan providing, and you receiving, all agreements, disclosures, notices, statements, policies, tax documents, amendments, communications, and other information related to your relationship with Xoan and your use of the Xoan Services (collectively, "Records") in electronic form.

This includes, without limitation:

Terms of Service and amendments

Privacy Policy and updates

Lending, financing, and repayment disclosures

Account agreements, authorizations, and acknowledgments

Transaction confirmations, statements, and notices

Regulatory disclosures and legally required notices

Communications related to customer support, compliance, fraud prevention, and account activity

  1. Electronic Signatures

You agree that any electronic signature, assent, acknowledgment, acceptance, or agreement you provide through the Xoan Services, including by clicking an acceptance box, typing your name, using a digital signature, or similar method, constitutes your legal signature and has the same legal effect as a handwritten signature.

Electronic signatures may be used to execute any Records, including binding contracts, applications, authorizations, and consents.

  1. Method of Electronic Delivery

Records may be provided electronically through one or more of the following methods:

Posting within the Xoan platform or dashboard

Email to the address associated with your Account

In-app notifications

Hyperlinks directing you to Records

You agree that Records are considered received when made available through any of the above methods.

  1. Hardware and Software Requirements

To access and retain electronic Records, you must have:

A device capable of accessing the internet

A current version of a web browser

An active email address

Sufficient storage capacity or access to a printer to retain Records

You are responsible for maintaining the required hardware and software. Xoan is not responsible for any inability to access Records due to equipment, software, or connectivity issues.

  1. Paper Copies

You may request a paper copy of a Record by contacting Xoan at support@xoancapital.com. Xoan may charge a reasonable fee where permitted by law.

Xoan may, but is not required to, provide paper copies of Records.

  1. Withdrawal of Consent

You may withdraw your consent to receive electronic Records at any time by providing written notice to Xoan. However, withdrawal of consent:

Will not apply retroactively to Records previously provided electronically

May result in suspension or termination of your access to the Xoan Services

Does not relieve you of any obligations incurred prior to withdrawal

Certain Records may still be provided electronically where required or permitted by law.

  1. Updating Contact Information

You are responsible for keeping your email address and contact information current. Failure to maintain accurate contact information may result in missed communications for which Xoan is not responsible.

  1. Relationship to Other Agreements

This E-Sign Consent is incorporated by reference into, and forms part of, Xoan’s Terms of Service and Privacy Policy.

In the event of a conflict between this E-Sign Consent and the Terms of Service, the Terms of Service control.

  1. Governing Law

This E-Sign Consent is governed by the laws specified in the Terms of Service, without regard to conflict of laws principles.

  1. Acknowledgment

By using the Xoan Services, you acknowledge that:

You can access and retain electronic Records

You consent to electronic delivery and electronic signatures

You have read and understand this E-Sign Consent

You agree to be bound by its terms

If you do not consent, do not use the Xoan Services.

Address:

One Sansome Street Suite 1400
San Francisco, CA 94104

Contact:

hello@xoancapital.com

(855) 508-9626

Disclaimers and footnotes

  1. Xoan Technology Inc. is a financial technology company and is not a bank. Xoan Visa Commercial cards are powered by Stripe and issued by Celtic Bank. Xoan partners with Stripe Payments Company for money transmission services and account services with funds held at Fifth Third Bank N.A., Member FDIC.

  2. Xoan Business Accounts are eligible for FDIC pass-through deposit insurance if they meet certain requirements. The accounts are eligible only to the extent passthrough insurance is permitted by the rules and regulations of the FDIC, and if the requirements for pass-through insurance are satisfied. The FDIC insurance applies up to 250,000 USD per depositor, per financial institution, for deposits held in the same ownership capacity.

  3. Xoan Mastercard® Business Cards are powered by Stripe and issued by Celtic Bank, Member FDIC, pursuant to a license from Mastercard®. Eligible customers may receive access to Xoan Mastercard® Business Cards upon approval of a Xoan business account, subject to eligibility requirements and limitations.

    Cashback rewards are credited to the associated Xoan financial account in accordance with the applicable program terms. Accounts must be open and in good standing to earn or receive cashback. Cashback rates, rewards, eligible transactions, and eligibility criteria are subject to change at any time without notice. Cashback rewards may be adjusted, withheld, reversed, or forfeited if an account is closed, pending closure, or determined to be in violation of applicable terms, policies, or legal requirements. Xoan reserves the right to modify, suspend, or terminate the cashback program at any time. Any material changes or promotional offers will be communicated via email or posted on the Xoan website. Full cashback program terms and conditions are available at Cashback Rewards Terms. For questions regarding cashback or card usage, please contact support@xoancapital.com

  4. High Yield Accounts involve investment risk [EL1] , including the possible loss of principal. When a user allocates funds to a High Yield Account, the user is purchasing debt securities issued by Xoan Capital LLC. Xoan Capital LLC is a subsidiary of Xoan Technology, Inc. Funds allocated to High Yield Accounts are not deposits, are not bank accounts, and are not insured by the FDIC or any other government agency.



    Any stated yield represents a target annual rate, is not guaranteed. Actual returns may be lower or higher than any stated target and may be zero or negative. Returns are derived from the performance of loans originated or acquired by Xoan Capital LLC. These loans are subject to credit risk, borrower default, collateral value fluctuations, interest rate risk, liquidity risk, valuation risk, and other market, operational, and regulatory risks.

    Interest is earned only while funds remain invested in eligible High Yield Accounts and is subject to applicable terms, conditions, eligibility requirements, and liquidity restrictions, including any applicable lock-up periods, notice requirements, or redemption limitations. Requests to transfer or withdraw funds from a High Yield Account constitute a request to redeem the associated debt securities. Redemptions are not guaranteed and may be delayed, limited, suspended, or processed at an amount that is less than the original investment, including a loss of principal.

    Past performance is not indicative of future results. Detailed information regarding Xoan Capital LLC, including material risks, fees, liquidity terms, and redemption mechanics, is provided in the applicable private placement memorandum, which is available to eligible users through the Xoan platform. Prospective investors should carefully review all offering materials and consider their financial situation, investment objectives, and risk tolerance before allocating funds.

  5. All loan and credit products are subject to underwriting, credit approval, collateral review, and other eligibility requirements, as well as product availability. Any information provided on this website is for general informational purposes only and does not constitute an offer, commitment, approval, or obligation to lend. Loan terms, rates, amounts, and availability are subject to change and may be modified, withdrawn, or terminated at any time without notice. Credit decisions are based on a variety of factors, which may include borrower creditworthiness, financial condition, property characteristics, loan structure, market conditions, and compliance with applicable legal and regulatory requirements. Not all applicants will qualify, and approval of one product or transaction does not guarantee approval of future credit.

    Xoan Capital LLC, a subsidiary of Xoan Technology Inc., may act as a lender, broker, servicer, or facilitator, depending on the product, structure, jurisdiction, and transaction. Certain loans may be originated by or funded through third-party lenders or investors, and loan terms may vary accordingly. Fees, costs, and other charges may apply, including origination fees, interest, servicing fees, and third-party costs, as disclosed in applicable loan documents.

Estimated rates, timelines, proceeds, and terms are illustrative only and may not reflect actual loan terms. Closing timelines are not guaranteed and may vary based on diligence, documentation, title, appraisal, borrower responsiveness, and third-party processes. Xoan Capital LLC reserves the right to change rates, terms, eligibility criteria, underwriting standards, and program guidelines at its sole discretion.

  6. By accessing, applying for, or engaging with any Xoan lending product or related services, users acknowledge that they have reviewed and understand these disclosures. These disclosures are provided for informational purposes only, binding terms and conditions are set forth solely in the applicable loan agreements and related legal documents.

    Copyright © 2025 xoancapital.com. All rights reserved.

Address:

One Sansome Street Suite 1400
San Francisco, CA 94104

Contact:

hello@xoancapital.com

(855) 508-9626

Disclaimers and footnotes

  1. Xoan Technology Inc. is a financial technology company and is not a bank. Xoan Visa Commercial cards are powered by Stripe and issued by Celtic Bank. Xoan partners with Stripe Payments Company for money transmission services and account services with funds held at Fifth Third Bank N.A., Member FDIC.

  2. Xoan Business Accounts are eligible for FDIC pass-through deposit insurance if they meet certain requirements. The accounts are eligible only to the extent passthrough insurance is permitted by the rules and regulations of the FDIC, and if the requirements for pass-through insurance are satisfied. The FDIC insurance applies up to 250,000 USD per depositor, per financial institution, for deposits held in the same ownership capacity.

  3. Xoan Mastercard® Business Cards are powered by Stripe and issued by Celtic Bank, Member FDIC, pursuant to a license from Mastercard®. Eligible customers may receive access to Xoan Mastercard® Business Cards upon approval of a Xoan business account, subject to eligibility requirements and limitations.

    Cashback rewards are credited to the associated Xoan financial account in accordance with the applicable program terms. Accounts must be open and in good standing to earn or receive cashback. Cashback rates, rewards, eligible transactions, and eligibility criteria are subject to change at any time without notice. Cashback rewards may be adjusted, withheld, reversed, or forfeited if an account is closed, pending closure, or determined to be in violation of applicable terms, policies, or legal requirements. Xoan reserves the right to modify, suspend, or terminate the cashback program at any time. Any material changes or promotional offers will be communicated via email or posted on the Xoan website. Full cashback program terms and conditions are available at Cashback Rewards Terms. For questions regarding cashback or card usage, please contact support@xoancapital.com

  4. High Yield Accounts involve investment risk [EL1] , including the possible loss of principal. When a user allocates funds to a High Yield Account, the user is purchasing debt securities issued by Xoan Capital LLC. Xoan Capital LLC is a subsidiary of Xoan Technology, Inc. Funds allocated to High Yield Accounts are not deposits, are not bank accounts, and are not insured by the FDIC or any other government agency.



    Any stated yield represents a target annual rate, is not guaranteed. Actual returns may be lower or higher than any stated target and may be zero or negative. Returns are derived from the performance of loans originated or acquired by Xoan Capital LLC. These loans are subject to credit risk, borrower default, collateral value fluctuations, interest rate risk, liquidity risk, valuation risk, and other market, operational, and regulatory risks.

    Interest is earned only while funds remain invested in eligible High Yield Accounts and is subject to applicable terms, conditions, eligibility requirements, and liquidity restrictions, including any applicable lock-up periods, notice requirements, or redemption limitations. Requests to transfer or withdraw funds from a High Yield Account constitute a request to redeem the associated debt securities. Redemptions are not guaranteed and may be delayed, limited, suspended, or processed at an amount that is less than the original investment, including a loss of principal.

    Past performance is not indicative of future results. Detailed information regarding Xoan Capital LLC, including material risks, fees, liquidity terms, and redemption mechanics, is provided in the applicable private placement memorandum, which is available to eligible users through the Xoan platform. Prospective investors should carefully review all offering materials and consider their financial situation, investment objectives, and risk tolerance before allocating funds.

  5. All loan and credit products are subject to underwriting, credit approval, collateral review, and other eligibility requirements, as well as product availability. Any information provided on this website is for general informational purposes only and does not constitute an offer, commitment, approval, or obligation to lend. Loan terms, rates, amounts, and availability are subject to change and may be modified, withdrawn, or terminated at any time without notice. Credit decisions are based on a variety of factors, which may include borrower creditworthiness, financial condition, property characteristics, loan structure, market conditions, and compliance with applicable legal and regulatory requirements. Not all applicants will qualify, and approval of one product or transaction does not guarantee approval of future credit.

    Xoan Capital LLC, a subsidiary of Xoan Technology Inc., may act as a lender, broker, servicer, or facilitator, depending on the product, structure, jurisdiction, and transaction. Certain loans may be originated by or funded through third-party lenders or investors, and loan terms may vary accordingly. Fees, costs, and other charges may apply, including origination fees, interest, servicing fees, and third-party costs, as disclosed in applicable loan documents.

Estimated rates, timelines, proceeds, and terms are illustrative only and may not reflect actual loan terms. Closing timelines are not guaranteed and may vary based on diligence, documentation, title, appraisal, borrower responsiveness, and third-party processes. Xoan Capital LLC reserves the right to change rates, terms, eligibility criteria, underwriting standards, and program guidelines at its sole discretion.

  6. By accessing, applying for, or engaging with any Xoan lending product or related services, users acknowledge that they have reviewed and understand these disclosures. These disclosures are provided for informational purposes only, binding terms and conditions are set forth solely in the applicable loan agreements and related legal documents.

    Copyright © 2025 xoancapital.com. All rights reserved.

Address:

One Sansome Street Suite 1400
San Francisco, CA 94104

Contact:

hello@xoancapital.com

(855) 508-9626

Disclaimers and footnotes

  1. Xoan Technology Inc. is a financial technology company and is not a bank. Xoan Visa Commercial cards are powered by Stripe and issued by Celtic Bank. Xoan partners with Stripe Payments Company for money transmission services and account services with funds held at Fifth Third Bank N.A., Member FDIC.

  2. Xoan Business Accounts are eligible for FDIC pass-through deposit insurance if they meet certain requirements. The accounts are eligible only to the extent passthrough insurance is permitted by the rules and regulations of the FDIC, and if the requirements for pass-through insurance are satisfied. The FDIC insurance applies up to 250,000 USD per depositor, per financial institution, for deposits held in the same ownership capacity.

  3. Xoan Mastercard® Business Cards are powered by Stripe and issued by Celtic Bank, Member FDIC, pursuant to a license from Mastercard®. Eligible customers may receive access to Xoan Mastercard® Business Cards upon approval of a Xoan business account, subject to eligibility requirements and limitations.

    Cashback rewards are credited to the associated Xoan financial account in accordance with the applicable program terms. Accounts must be open and in good standing to earn or receive cashback. Cashback rates, rewards, eligible transactions, and eligibility criteria are subject to change at any time without notice. Cashback rewards may be adjusted, withheld, reversed, or forfeited if an account is closed, pending closure, or determined to be in violation of applicable terms, policies, or legal requirements. Xoan reserves the right to modify, suspend, or terminate the cashback program at any time. Any material changes or promotional offers will be communicated via email or posted on the Xoan website. Full cashback program terms and conditions are available at Cashback Rewards Terms. For questions regarding cashback or card usage, please contact support@xoancapital.com

  4. High Yield Accounts involve investment risk [EL1] , including the possible loss of principal. When a user allocates funds to a High Yield Account, the user is purchasing debt securities issued by Xoan Capital LLC. Xoan Capital LLC is a subsidiary of Xoan Technology, Inc. Funds allocated to High Yield Accounts are not deposits, are not bank accounts, and are not insured by the FDIC or any other government agency.



    Any stated yield represents a target annual rate, is not guaranteed. Actual returns may be lower or higher than any stated target and may be zero or negative. Returns are derived from the performance of loans originated or acquired by Xoan Capital LLC. These loans are subject to credit risk, borrower default, collateral value fluctuations, interest rate risk, liquidity risk, valuation risk, and other market, operational, and regulatory risks.

    Interest is earned only while funds remain invested in eligible High Yield Accounts and is subject to applicable terms, conditions, eligibility requirements, and liquidity restrictions, including any applicable lock-up periods, notice requirements, or redemption limitations. Requests to transfer or withdraw funds from a High Yield Account constitute a request to redeem the associated debt securities. Redemptions are not guaranteed and may be delayed, limited, suspended, or processed at an amount that is less than the original investment, including a loss of principal.

    Past performance is not indicative of future results. Detailed information regarding Xoan Capital LLC, including material risks, fees, liquidity terms, and redemption mechanics, is provided in the applicable private placement memorandum, which is available to eligible users through the Xoan platform. Prospective investors should carefully review all offering materials and consider their financial situation, investment objectives, and risk tolerance before allocating funds.

  5. All loan and credit products are subject to underwriting, credit approval, collateral review, and other eligibility requirements, as well as product availability. Any information provided on this website is for general informational purposes only and does not constitute an offer, commitment, approval, or obligation to lend. Loan terms, rates, amounts, and availability are subject to change and may be modified, withdrawn, or terminated at any time without notice. Credit decisions are based on a variety of factors, which may include borrower creditworthiness, financial condition, property characteristics, loan structure, market conditions, and compliance with applicable legal and regulatory requirements. Not all applicants will qualify, and approval of one product or transaction does not guarantee approval of future credit.

    Xoan Capital LLC, a subsidiary of Xoan Technology Inc., may act as a lender, broker, servicer, or facilitator, depending on the product, structure, jurisdiction, and transaction. Certain loans may be originated by or funded through third-party lenders or investors, and loan terms may vary accordingly. Fees, costs, and other charges may apply, including origination fees, interest, servicing fees, and third-party costs, as disclosed in applicable loan documents.

Estimated rates, timelines, proceeds, and terms are illustrative only and may not reflect actual loan terms. Closing timelines are not guaranteed and may vary based on diligence, documentation, title, appraisal, borrower responsiveness, and third-party processes. Xoan Capital LLC reserves the right to change rates, terms, eligibility criteria, underwriting standards, and program guidelines at its sole discretion.

  6. By accessing, applying for, or engaging with any Xoan lending product or related services, users acknowledge that they have reviewed and understand these disclosures. These disclosures are provided for informational purposes only, binding terms and conditions are set forth solely in the applicable loan agreements and related legal documents.

    Copyright © 2025 xoancapital.com. All rights reserved.