earnify™ Terms and Conditions

(October 2026)

These terms and conditions, include any terms incorporated herein by reference (collectively, the “Terms”) constitute a legally binding agreement between you and BP Products North America Inc. (together with its affiliates, successors, assigns and subsidiaries, which BP now owns or may own in the future (referred to collectively herein as “BP”, “us” or “we”) governing your access to and use of the Services (defined below) .

PLEASE READ THESE TERMS CAREFULLY. Use of the Service and any other services provided through the App constitutes acceptance of these Terms and you agree to be bound by them. You represent and warrant that you are over eighteen (18) years of age, have a legal residence in the United States, and are capable of entering into a legally binding agreement. If you are under the age of majority in your home jurisdiction, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you do not agree to be bound by these Terms, you are not authorized to use the Service and you should discontinue access to and use of the Service immediately.

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES WITH BP. IT IS CONTAINED IN SECTION 8.6 BELOW.

1. Definitions

For purposes of these Terms:

“App” means the earnify mobile application and any authorized updates or successor versions made available by BP;

“earnify” means the fuel, convenience, rewards, offers, payment, and related earnify™ loyalty program functionality made available by BP through the App;

“Payment Card” means any credit card, debit card, stored payment method, digital payment credential, or other payment credential that BP elects to accept through the Service;

“Service” means, collectively, earnify, the App, and all related features, functionality, offers, promotions, payment capabilities, charging capabilities, content, communications, and services that BP may make available through the App from time to time;

“Terms” means these earnify Terms and Conditions, as amended from time to time;

“Participating Location” means any applicable BP, amoco, Thortons, ampm, TravelCenters of America, retail, or other location that BP designates in its discretion as eligible for some or all portions of the Service; and

“Pay for Fuel” means a seamless four-step fill-up experience — find, pay, save, and fuel all from one App.

2. Enrollment, Account, and Payment Credentials

2.1 You must complete the enrollment process required by BP in order to register for and use the Service. The enrollment process will ask you for information including your name, and other personal information to register. You may provide Payment Card information upon registration; however you are not required to provide a Payment Card to register – you are only required to provide a Payment Card to participate in the Pay for Fuel journey in the App. During enrollment and thereafter, you must provide information that is true, accurate, current, and complete, and you must promptly update such information as necessary to maintain its accuracy. BP may approve, deny, suspend, restrict, or revoke your enrollment, account, or access to all or any portion of the Service at any time in its sole discretion, subject to applicable law.

2.2 You are not a member of the App until you have fully enrolled. This includes downloading the earnify App to your device and acknowledging these Terms and the Privacy Policy within the App. Before you fully enroll, you are still subject to these Terms. Until you fully enroll, you are not eligible to participate in the App Services. Once you do fully enroll, you will be able to fully redeem your App offers.

2.3 You may be given the opportunity to input and store one or more Payment Cards or other payment credentials in the App. When you designate a Payment Card or payment credential for a transaction, you authorize BP and its designated payment processor to charge the full amount of the applicable transaction to that payment credential. Activation and use of payment functionality in the App constitutes your authorization for purchases and charging-session payments initiated from your mobile device using the App. BP may limit the forms of payment accepted, may change eligible payment methods from time to time, and may disable any linked payment credential at any time in its sole discretion.

2.4 By registering or linking a payment card, you represent and warrant that you are the holder of the associated account or an authorized user and that the account is valid. It is your responsibility to keep payment information current. BP is not the issuer of any Payment Card and is not responsible for determining whether any transaction initiated by you will be approved. Questions concerning your Payment Card or transactions on your payment card account must be directed to your card issuer.

3. Program Benefits, Rewards, and Transaction Rules

3.1 The Service permits eligible users to access fuel-related related functionality, rewards, promotions, offers, transaction history, and payment functionality, that BP may elect to make available from time to time. BP may publish program information describing how users may earn or redeem rewards, receive offers, pay for transactions, locate Participating Locations, and use other Service features. BP does not represent or warrant that any feature, reward, offer, payment capability, or transaction pathway will be available at any particular time or location or that any transaction will be capable of completion.

3.2 earnify Fuel Rewards.

3.2.1 If you were a BPme Rewards legacy member and choose to enter your loyalty ID (phone number) at the pump or by swiping your BPme- registered Payment Card, you will still be recognized as a loyalty member. At participating stations, you will then receive your 5¢ off per gallon discount on fuel purchases. You will also now be earning 1 point per dollar spent on fuel and 2 points per dollar spent on eligible convenience purchases subject to the restrictions in Section 3.3.7. You MUST download and register for the new App to experience all program benefits and redeem your points for savings and rewards.

3.2.2 For new BP rewards Visa^® Credit Card Accounts: upon completing and agreeing to the terms of the BP rewards Visa^® card application, if approved, cardholder will have opportunity to set their earnify password and complete their earnify registration. BP rewards Visa^® Credit Card Account holders are also subject to the BP rewards Visa^® Credit Card Terms and Conditions. You agree that you shall provide accurate and complete information in response to these questions and that you will keep the information that you provide up to date.

3.2.3 Some BP Locations may have the option for you to register for earnify by entering your phone number at the pump. Consent is required to complete the earnify pump enrollment registration process and to receive a registration fuel reward upon registration completion. You will receive a unique passcode sent through SMS, which you must enter at the pump and acknowledge these Terms and the Privacy Policy in order to complete enrollment. Where available, providing your phone number allows recurring messages from the BP shortcode 48219, you may text STOP to stop receiving messages. Auto marketing messages may be sent to the number used at opt in. Consent is not a condition of purchase. Message and data rates may apply, mobile carriers are not liable for delayed or undelivered messages. You will receive a text that will include a link to download the earnify app where you can receive additional benefits. BP rewards Visa^® cardholders will not become a member of earnify or start earning bonus offers until your earnify registration is complete. This will not affect you receiving any BP rewards Visa^® Credit Card reward.

3.2.4 In most instances, BP will receive purchase information and credit rewards in real time or within 48 hours. We are not responsible for any failure or delay of the issuer of the BP rewards Visa^® Credit Card or Payment Card to provide us with the necessary information to credit rewards to your account. Additionally, in our sole discretion, we may deny or hold in a ‘pending status’ rewards for certain purchases, such as those that are suspected of fraud, abuse, or violation of these terms. You will not be able to see such pending or denied rewards in your account nor will you be able to use them unless we release them to your account.

3.2.5 Former Synchrony Financial BP Credit Card holders who were converted to FNBO will have the opportunity to complete their App registration, (if not already an earnify member) as part of setting up their online banking account with FNBO. BP Visa or BP Credit Card holders who have converted from SYF will be able to receive CPG rewards and earn points, but they will not have the ability to redeem rewards until they have completed the full App registration. For new BP rewards Visa® Credit Card Accounts, upon completing and agreeing to the terms of the BP rewards Visa® card application, if approved, cardholder will have opportunity to login using their phone number and thus complete their earnify registration.

3.2.6 Earning and Redeeming earnify Rewards

3.2.6.1 earnify permits you to earn and redeem rewards in a variety of ways through a variety of programs at the discretion of BP.

3.2.6.2 Phone Number for Redeeming Rewards (Alt ID)- Should you choose not to use the earnify app to pay for your fuel transactions, you may be able to enter your phone number at either the pump or inside at the register to participate in earnify. This option varies depending on BP Location and at BP’s discretion. The mobile phone number that was used to validate the registration of your earnify account will be the phone number tied to your account and will be your Alt ID. Before paying for a qualified purchase, enter that phone number either at the pump or inside at the register to participate in earnify. If you choose to use your earnify phone number, your reward may stack with any other reward offers, if applicable. If you use your earnify phone number, and it is the same number associated with your Roundy’s, Harris Teeter, or Mariano’s account, you will ONLY be able to use the grocer rewards, you will not be able to use earnify rewards. If you use your earnify phone number and then pay with a BP rewards Visa^®, you will ONLY receive the discounts available through earnify, you will not receive any rewards associated with your BP rewards Visa^®. To get the BP rewards Visa^® rewards, you must swipe that payment card alone (without using a phone number first) or add it and link it to your earnify account within the earnify app to gain access to BOTH the earnify and BP rewards Visa^® fuel discounts. Entering your phone number at the pump or the pin pad will only allow you to receive the everyday 5¢ off per gallon discount and earn one (1) point for each dollar spent, however you will not have the ability to redeem rewards without using the App.

3.2.6.3 Active rewards are redeemable in the App. A consumer must choose to claim their rewards for any of the listed reward options. The rewards are applied on your next fuel purchase. You may redeem points on fuel and convenience store rewards at Participating Locations

3.2.7 Restrictions on Earning and Redeeming earnify Related earnify Rewards.

3.2.7.1 You will not receive Rewards for: any purchases excluded by law; the value of any reward or coupons outside of earnify; purchases that a Participating Location rules ineligible for earnify; or taxes on purchases.

3.2.7.2 earnify points earned through the App will expire after three (3) months of no loyalty activity. Rewards earned through BP rewards Visa^® Credit Card Accounts expire two years from the time earned. Special offers may be awarded from time to time in the App or at Participating Locations. earnify pointscannot be redeemed on tobacco products, alcohol, air, lottery/ gaming purchases, money orders, or any item sold directly by a third party. You can only use one registered earnify account per transaction. There is no ability to stack rewards from multiple earnify accounts.

3.2.7.3 Rewards are not automatically applied. Active rewards may be redeemed by the member at their choice, provided the member makes such fuel purchase either through (i) a valid credit card provisioned in the earnify mobile wallet, (ii) a valid linked credit card at the pump or inside the store, or (iii) any other method expressly permitted by BP.

3.2.7.4 Rewards may vary depending on the offers, programs and promotions in operation at any given time. BP reserves the right in its sole discretion to amend redemption rights with respect to any earnify offers, programs or promotions it runs now or in the future. Notwithstanding any offer, program or promotion made available through earnify, BP may place limits intended to combat fraud and abuse on the number of rewards that you may earn during a given time period or with respect to certain transactions, as determined in our sole discretion. If you believe your bona fide transaction has not accurately had rewards applied, please see Section 4.6 below to contact us.

3.2.7.5 Maximize savings and receive fuel rewards and gas discounts with your BP rewards Visa^® by combining credit rewards and earnify.

earnify Earning and Transaction Limits

3.2.8 Earnify Payment cards.

3.2.8.1 When you add a valid payment card to the App upon registration and enrollment in the earnify program, all fuel purchases made using these Payment Cards within the App will qualify for earnify points. A single valid payment card can be added to multiple earnify mobile wallets. BP reserves the right, in its sole discretion, to decline any transaction with such card, or deactivate such card from your earnify mobile wallet, in the event BP believes there has been any fraudulent activity on such card or such card is reported lost or stolen.

3.2.8.2 Please note that if you use an Apple Pay wallet that is provisioned with a BP rewards Visa^® credit card, you will not receive a cent per gallon reward at the pump. Instead, you will receive 1% Cash Back Rewards on those fuel purchases. If you wish to receive a cent per gallon reward at the pump when using a BP rewards Visa^®, you must provision your BP rewards Visa^® directly to your earnify account and use that to pay instead of Apple Pay.

3.2.8.3 Linked Payment Card. When you add a valid Payment Card to the App upon registration and enrollment in earnify, you may have the option to link that Payment Card to your earnify account. Qualified purchases made through such Payment Card both through the App and outside of the App (e.g., at the pump, inside the store, etc.) will qualify for earnify. Should you remove a Payment Card from the App, such card will automatically be unlinked from your earnify program account.

3.2.8.4 BP rewards Visa^® Card Holders. Should you add a valid BP rewards Visa^® to your earnify mobile wallet, qualifying purchases made on the BP rewards Visa^® shall qualify for both Rewards and any other reward programs available through the BP rewards Visa^® which such purchases may apply, subject to all applicable terms and conditions. BP rewards Visa^® reward program terms and conditions may be found at https://www.bp.com/en_us/united-states/home/terms-and-conditions.html#tab_credit-cards Limit: one (1) BP rewards Visa^® per earnify mobile wallet account.

4. Use Restrictions, Security and Safety

4.1 The Service may only be used for lawful purposes and in accordance with these Terms. You may not, and may not assist or encourage any third party to, use the Service in any manner that is unlawful, fraudulent, abusive, commercially exploitative, or otherwise prohibited by these Terms. Without limitation, you may not make commercial use of the Service, use an agent or other third party to conduct transactions on the Service, or engage in conduct designed to obtain any improper benefit, reward, discount, credit, or access.

4.2 You are responsible for all activities conducted through your account and for safeguarding your device, username, password, personal identification credentials, and payment credentials. You agree to exercise reasonable care in keeping such information secure and to notify BP immediately if you believe a fraudulent or unauthorized transaction has occurred or if you become aware of any security breach relating to the Service. Notwithstanding the foregoing, you acknowledge that your rights with respect to, and the procedures that you must follow for resolution of, fraudulent or unauthorized charges to your Payment Card account are as set forth in your agreement with the issuer of your Payment Card. These Terms do not create any responsibility of BP to notify your issuer of fraudulent or unauthorized charge activity or to take any action on your behalf with respect thereto.

4.3 You agree to use the Service safely and at your own risk, including by not using the Service while operating a vehicle (also known as distracted driving) and by following all safety instructions, warnings, and site rules posted or made available at participating fuel locations and by your wireless carrier. You are responsible for any fees or other charges that your wireless carrier may impose for data, messaging, or related services arising from your use of the Service.

4.4 You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services as a result of your use of the App, the Service, or any other services provided through earnify.

4.5 You may access your transaction history through earnify. Your transaction history will contain certain information concerning the transactions conducted with your account through the Service. Fuel prices are displayed on the entrance to the site and at all pumps. When using earnify to purchase fuel, you will always be charged the stated credit card price. To receive any exception prices (debit card pricing or discounts for specific credit card brands if applicable) that are locally offered by select stations, you may or may not be able to use your linked payment card to receive special pricing and qualify for earnify.

4.6 You are solely responsible for checking your earnify account regularly to ensure that your earnify rewards are properly credited. If you believe that proper credit does not appear on your earnify account, you should contact us via [(800) 333-3991] no later than ninety (90) days after you believe the earnify discounts or rewards should have been credited to your account and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether earnify rewards should have been posted to your account and to adjust your account accordingly. You acknowledge that any such determination by us will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT EARNIFY REWARDS HAVE BEEN PROPERLY CREDITED TO YOUR ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW FROM EARNIFY AND THE SERVICES.

5. Data Use, Privacy, and Electronic Communications

5.1 By participating in the Service, you shall be subject to the earnify Privacy Statement located at earnify™ Privacy Statement | bp Products and services | bp America, which may be updated from time to time, in BP’s sole discretion. For more details on the information BP collects, read earnify’s privacy statement carefully. Subject to any relevant privacy rights provided under applicable data privacy laws, and earnify’s applicable privacy policy, you authorize BP to collect, use, store, analyze, sell, and share information relating to your account, transactions, rewards activity, fuel purchases, app usage, session history, fuel sites visited, frequency of visits, or any other information related to any transactions connected with related Service activity. BP may use this information to administer the Service, improve operations, personalize offers and communications, and comply with legal obligations.

5.2 We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your account or any of your activities relating to earnify, the App and Service, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages.

5.3 To provide you personalized offers, BP will use your information to analyze and understand your shopping behavior based on your purchases at our locations so that we can provide you with personalized offers and marketing communications which we think will be of interest to you. To help us better understand you as a consumer, we will also analyze how you use the reward program and how you interact with the App and other marketing channels, including assessing the effectiveness of our offers and marketing communications. As part of this, we can show or send you tailored offers and advertisements when you are browsing the internet using cookies.

5.4 Except as otherwise required by applicable law, you acknowledge and agree that BP may provide notices, disclosures, agreements, and other communications permitted or required under these Terms by mail, email, website posting, SMS, in-app message, push notification, or other reasonable electronic means. These communications may include account notices, transactional information, changes to the Service, special offers, and other information related to the Service, and they will have the same force and effect as if provided in writing and signed by BP.

6. SMS Terms

6.1 By enrolling in earnify or otherwise using any SMS-enabled portion of the Service, you agree to receive SMS or MMS marketing messages from BP. Message frequency varies by user. Message and data rates may apply. To opt out of future earnify marketing text messages, send the word: “STOP” to 48219 at any time. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive text messages is not required to make a purchase. For help or information on this program, send: “HELP” to 48219. By subscribing to earnify, the user consents to receive automated text messages from BP and its affiliates, other parties within BP, Sponsors and their affiliates. BP will not be liable for delayed or undelivered messages, which are subject to effective transmission by your mobile carrier. For information on data collection and use, please read earnify’s Privacy Policy.

6.2 Oklahoma residents: By agreeing to these Terms, you authorize the person making or allowing the placement of a telephonic sales call to deliver or cause to be delivered a telephonic sales call to you using an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called; and you are not required to directly or indirectly sign the written agreement or to agree to enter into such an agreement as a condition of purchasing any property, goods, or services.

7. Changes, Termination, Intellectual Property, and Feedback

7.1 BP may, with or without notice and in its sole discretion, modify, restrict, suspend, discontinue, waive, or terminate any aspect of the Service or these Terms at any time to the maximum extent permitted by law, including to improve functionality, add or remove features, correct errors, prevent harmful or unauthorized activity, address fraud or abuse, or comply with legal, regulatory, platform-provider, or operational requirements. Your continued use of the Service following any such change constitutes your acceptance of the revised Terms. You may stop using the Service at any time. Any termination or suspension will not affect liabilities, obligations, dispute rights, payment obligations, or other provisions that by their nature should survive.

7.2 BP may suspend or terminate your rights in and to earnify or the Service or any other services accessible through earnify, at any time, with or without notice, in BP’s sole discretion including, without limitation, if a newer version of earnify or the App, or a Service thereof is available, to improve the earnify Program, App or the Service or any functionality thereof; to add or remove your access to a service accessible through earnify; to improve ease of use for you or BP; to correct an error or bug; to prevent or discontinue harmful or improper access to earnify or the Service; to prevent or discontinue unauthorized use of the earnify or the Service; to comply with a platform provider or governmental or regulatory authority request; or to comply with a statue or judicial order. We may provide notice to you of such changes or any suspension or modification to the extent required by applicable U.S. law.

7.3 BP reserves the right, at our sole discretion, to add and remove features and capabilities from earnify, the App, or the Service and to create limits on the use of earnify, the App or the Service, including, without limitation, additional registration or verification requirements or geographic restrictions, at any time and without notice.

7.4 BP may, with or without notice and in its sole discretion, modify, restrict or waive any of these Terms at any time. Your continued use of earnify or the Service constitutes your acceptance of any changes to these Terms. You are responsible for remaining knowledgeable of any changes that BP makes to the Terms. The most current version of these Terms will be available on the BP website and will supersede all previous versions of these Terms.

7.5 BP may, with or without notice and in its sole discretion, terminate or suspend earnify or the Service at any time.

7.6 Since BP is not the issuer of any Payment Card, BP is not responsible for determining whether any transaction initiated by you will be approved.

7.7 You acknowledge and agree that BP and its licensors, affiliates, partners, agents, and successors own all right, title, and interest in and to the Service and all related software, content, and intellectual property rights therein.

7.8 If you submit suggestions, ideas, comments, or other feedback relating to the Service, you agree that such feedback is voluntary and that BP may use, disclose, reproduce, license, distribute, and otherwise exploit feedback provided to it as it sees fit, without obligation or restriction of any kind, and no consideration or acknowledgement of any sort will be provided to you. Further, you hereby irrevocably and forever release and waive any claim against BP and its affiliates regarding the use of any Feedback for any purpose.

7.9 BP may include or reference third-party services, content, goods, advertisements, and promotional offers within the Service. BP does not control and is not responsible for third-party offerings, terms, pricing or content. Your dealings with third parties are solely between you and the third party unless BP expressly states otherwise. These third-party terms and conditions may describe things such as how you earn rewards at their locations and which items are excluded from earning rewards. In certain cases, a sponsor may also provide you with additional benefits that are not directly related to earnify. BP bears no liability under or responsibility for any sponsor-provided terms and conditions, or for any associated additional benefits, which are offered solely by the applicable sponsor, and may be changed or discontinued at that sponsor’s exclusive discretion.

7.10 Termination. These Terms shall continue in full force and effect until terminated by us or you as provided herein. You may terminate these Terms for convenience at any time by deleting the Appfrom all devices that you own or control. BP may terminate these Terms for convenience at any time upon notice to you. Notwithstanding the foregoing, with respect to you, these Terms shall terminate without any further action needing to be taken by BP upon any breach by you of these Terms. Upon the termination of these Terms for any reason whatsoever, all licenses granted hereunder shall immediately terminate and you shall immediately cease and desist from all access to and use of earnify, the App or the Service. For the avoidance of doubt, notwithstanding any termination of these Terms, you remain liable for all use of earnify, the App or the Service through any device you own or control, including any transactions initiated through such use. The terms set forth in the following paragraphs of these Terms shall survive the termination for any reason: “INTELLECTUAL PROPERTY”; “INDEMNIFICATION”; “DISCLAIMER OF WARRANTIES”; “LIMITATION OF LIABILITY”; “CHOICE OF LAW”, “DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS ACTION WAIVER” and “ENTIRE AGREEMENT.”

8. Indemnification, Disclaimer, Limitation of Liability, Governing Law, and Dispute Resolution

8.1 Indemnification. You agree to indemnify, defend, and hold harmless BP and its subsidiaries, affiliates, directors, officers, owners, agents, partners, employees, licensors, licensees, consultants, contractors, service providers, and other applicable third parties (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, damages, losses, liabilities, judgments, settlements, costs, and expenses, including attorneys’ fees, arising out of or related to:

8.2 Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BP DOES NOT WARRANT THAT THE SERVICE, ANY REWARDS FEATURE, ANY PAYMENT FEATURE, ANY EV CHARGING FEATURE, OR ANY RELATED CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE AT ANY PARTICULAR LOCATION, OR FREE OF DEFECTS OR HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

8.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BP OR ANY OF ITS AFFILIATES, CONTRACTORS, PROVIDERS, FRANCHISEES, LICENSORS, OR SERVICE PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OPPORTUNITY, OR USE, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BP AND THE OTHER PERSONS OR ENTITIES DESCRIBED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED TEN U.S. DOLLARS (US $10.00).

8.4 Notice for California Users. Under California Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

8.5 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of laws principles. If any provision of these Terms is determined to be illegal, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

8.6 Dispute Resolution; Mandatory Binding Arbitration; Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR THE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND IS SUBJECT TO ONLY LIMITED REVIEW BY A COURT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BP AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE SERVICE, ANY TRANSACTION, ANY COMMUNICATION, ANY ALLEGED BREACH, OR THE RELATIONSHIP BETWEEN YOU AND BP, INCLUDING ANY CLAIMS AGAINST BP’S PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IF THE CLAIM QUALIFIES AND REMAINS ON AN INDIVIDUAL BASIS. YOU AND BP EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION, SUSPENSION, OR MODIFICATION OF THESE TERMS AND YOUR USE OF THE SERVICE.

8.7 Opt-Out Right. You may opt out of this arbitration provision, but not the jury trial waiver or class action waiver, by notifying BP in writing of your intent to opt out within thirty (30) days after your acceptance of these Terms. Your written opt-out notice must include your name, mailing address, the telephone number and email address associated with your account, and a clear statement that you wish to opt out of the arbitration provision. You must send your opt-out notice to BP via U.S. mail to: Joe Fumo, 30 South Wacker Drive, Chicago, Illinois 60606, or via email to: driversupportUS@bp.com. If you validly opt out, that opt-out will remain in effect unless you later expressly agree otherwise, and it will remain effective even if BP modifies this arbitration provision in the future.

8.8 Class Action Waiver. You and BP agree that all claims and disputes subject to arbitration or litigation between you and BP must be resolved on an individual basis only and not on a class, collective, consolidated, private attorney general, or representative basis. If you or BP brings a claim in small claims court, the claim must also proceed only on an individual basis. Neither you nor BP may participate as a class member or representative in any class, collective, consolidated, private attorney general, or representative action or proceeding relating to any claim within the scope of this Section. The parties agree that this class action waiver is an essential part of this arbitration agreement and that, if it is held to be unenforceable as to any claim that would otherwise proceed in arbitration, then the arbitration agreement will not apply to that claim, except that the jury trial waiver shall remain in effect to the maximum extent permitted by law.

8.9 Arbitrator Authority. The arbitration will be conducted before a single neutral arbitrator. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, except that a court of competent jurisdiction may decide any issue expressly reserved to the court by applicable law. The arbitrator may award only such relief as would be available in a court of competent jurisdiction on an individual basis and only to the extent consistent with these Terms. The arbitrator may award attorneys’ fees and costs only if a court would be authorized to do so under applicable law or these Terms. Any injunctive, declaratory, or equitable relief may be awarded only to the extent necessary to provide relief warranted by the individual claim presented by the party seeking such relief and may not extend beyond the parties to the arbitration.

8.10 Arbitration Procedures. You and BP agree that these Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The arbitration shall be administered by the American Arbitration Association (“AAA”) under the AAA rules applicable to the dispute, including any consumer rules if the dispute qualifies for them, except to the extent those rules conflict with these Terms, in which case these Terms shall control. To begin an arbitration, the party initiating the arbitration must send a written demand for arbitration describing the claim and requested relief to the other party and must comply with the applicable AAA filing requirements. You must send any demand for arbitration to BP via U.S. mail to: BP Account Manager, 30 South Wacker Drive, Chicago, Illinois 60606, or via email to: driversupportUS@bp.com. Unless applicable law or AAA rules provide otherwise, BP will pay filing fees and costs required to commence the arbitration, but the party prevailing in such proceeding shall be awarded its costs and expenses, including reasonable attorneys’ fees.

8.11 Hearing Format and Location. The arbitration may be conducted in writing, by remote appearance, by telephone, by video conference, or in person, as determined by the applicable AAA rules or the arbitrator. If an in-person hearing is required, the hearing shall take place in a mutually convenient location. Unless the parties otherwise agree in writing, any in-person hearing shall be held in a city with a population of at least 300,000 people at the time of the arbitration; provided, however, that if the arbitration is to be held in a state that does not have such a city, the hearing may be held in one of the two largest cities in that state.

8.12 Jury Trial Waiver Where Arbitration Does Not Apply; Survival. If for any reason this arbitration provision is found to be unenforceable, inapplicable, or invalid with respect to any claim or dispute, then you and BP expressly and knowingly waive, to the maximum extent permitted by law, any right to a trial by jury in any court proceeding relating to that claim or dispute. To the maximum extent permitted by law, any such court proceeding must still be conducted only on an individual basis and not as a class, collective, consolidated, private attorney general, or representative action. This Section survives the termination of these Terms, the suspension or termination of your account, and the conclusion of your use of the Service. For the avoidance of doubt, any agreement between you and a Payment Card issuer continues to govern your relationship with that issuer and your use of that Payment Card.

8.13 This dispute resolution provision survives the termination of these Terms with BP. If you bring a claim against BP after termination of these Terms that is based in whole or in part on events, act or omissions that occurred while you were a BP customer, this dispute resolution provision shall apply.

9. Assignment and Entire Agreement

9.1 Except as expressly set forth herein, you may not sell, assign or transfer any Service or other benefit you receive, any other aspect of your earnify or the Service account, or any of your rights or obligations under these Terms, whether by operation of law or otherwise. We may sell, transfer, or assign the earnify or the Service account, in whole or in part, at any time, without notice to you. If we make such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and we will be released from any responsibilities or obligations.

9.2 These Terms together with any other terms and conditions, policies or agreements referenced herein, constitute the sole and entire agreement between the parties concerning the subject matter hereof. You also expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation or warranty by BP that is not expressly stated in these Terms.