AUTOBOOKS FINANCIAL MANAGEMENT SOFTWARE AND SERVICES

The Autobooks Financial Management Software and Services are offered by Southern First Bank’s third party service provider, Autobooks, Inc., and allows you to both accept online and in-application payments and send digital invoices directly from your Southern First Bank account (“Autobooks”). The Autobooks services, as may be modified from time-to-time by Southern First Bank or its third party service provider, in their sole discretion, and may include, without limitation: the creation of customer invoices; digital delivery of customer invoices; customer payment remittance via ACH, credit cards, debit cards, checks, or other payment methods; customer onboarding for payment processing accounts; settlement of funds into your accounts; creation and posting of journal entries based on transactions submitted through the software solutions to the general ledger; generation of balance sheets, income statements, and other financial information based on information in the general ledger; accounts payable and accounts receivable tool suites; and those other solutions or services available from time-to-time from Autobooks.

Your use of Autobooks is governed by a separate Terms of Use and End User License Agreement, as may be amended from time to time, (the “Autobooks EULA”) that you must enter into with Autobooks, Inc. before you may use Autobooks. Your use of Autobooks is governed by the terms of the Autobooks EULA.

Provide Accurate Information

You represent and agree that all information you provide Southern First Bank in connection with Autobooks is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date, and accurate. You represent that you are the legal owner, or authorized user, of the accounts at third-party sites which you include or access through Autobooks, and that you have authority to (i) designate Southern First Bank and Southern First Bank’s service providers as your agent, (ii) use Autobooks, and (iii) give Southern First Bank and Southern First Bank’s service providers with passwords, usernames, and other information you provide in connection with Autobooks.

Limitations of Autobooks Services

When using Autobooks, you may incur technical or other difficulties. Neither Southern First Bank nor its service providers are responsible for any technical or other difficulties or resulting damages that you may incur. Any information displayed or provided as part of Autobooks is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. Southern First Bank and its service providers reserve the right to change, suspend, or discontinue any and all of Autobooks at any time, without prior notice.

Aggregated Data

Anonymous, aggregate information, comprising of financial account balances, other financial account data, or other available data that is collected through your use of Autobooks, may be used by Southern First Bank and its service providers to conduct certain analytical research, performance tracking and benchmarking. Southern First Bank’s service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregate research data for any purpose, including but not limited to, helping improve products or services and assisting in troubleshooting and technical support.

Ownership

You agree that Southern First Bank and its service providers, as applicable, retain all ownership and proprietary rights in Autobooks, associates content, technology, mobile applications, and websites.

User Content

You agree not to use Autobooks or the content or information delivered through Autobooks in any way that would (i) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of Autobooks to impersonate another person or entity; (ii) violate any law, statute, ordinance, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (iii) create liability for Southern First Bank or its service provider or cause Southern First Bank to lose the services of our service providers; (iv) access the information and content programmatically by macro or other automated means; or (v) use Autobooks in such a manner as to gain unauthorized entry or access to computer systems.

Fees

Fees associated with Autobooks will be set forth in the Autobooks EULA and the Fee Schedule.

Security Procedures

In addition to the Security Procedures set forth in this Agreement, additional security procedures may apply to your use of Autobooks. Those additional security procedures will be set forth in the Autobooks EULA. You agree that the security procedures set forth in this Agreement, the Appendix, and the Autobooks EULA are commercially reasonable. You agree that more restrictive Security Procedures could be offered, but in light of the burden of additional Security procedures, you have considered the Security Procedures associated with Autobooks and in light of the risks that you assume under this Agreement, that they are reasonable procedures to protect against unauthorized access to Autobooks.

Indemnification

You agree to defend, indemnify, and hold harmless Southern First Bank, its third party service providers and their officers, directors, employees, and agents from and against any and all third party claims, liabilities, damages, losses, or expenses, including settlement amounts and reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of Autobooks, your violation of these terms or your infringement or infringement by any other user of your account, of any intellectual property or other right of anyone.

Disclaimer

Autobooks is not intended to provide legal, tax, or financial advice. Autobooks or certain provision and/or functionalities of Autobooks is provided as strictly educational in nature and are provided with the understanding that neither Southern First Bank nor its third party service providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial advice is required, the services of a competent professional personal should be sought. Southern First Bank and its third party service providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on the site. Further, Southern First Bank and its third party service providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of Autobooks or any materials or information accessible through it. Past performance does not does not guarantee future results. Southern First Bank and its third party service providers do not warrant that Autobooks comply with the requirements of FINRA or those of any other organization anywhere in the world.

DISCLAIMER OF WARRANTIES

YOU AGREE YOUR USE OF AUTOBOOKS AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOUTHERN FIRST BANK AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF AUTOBOOKS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOUTHERN FIRST BANK AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH AUTOBOOKS WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF AUTOBOOKS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOUTHERN FIRST BANK OR ITS SERVICE PROVDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS

LIMITATION OF LIABILITY

YOU AGREE THAT SOUTHERN FIRST BANK AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES AT SOUTHERN FIRST BANK’S WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER’S WEBSITE/MOBILE APPLICATION, (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (III) ANY PRODUCTS, DATA, INFOMRATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM AUTOBOOKS, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANMISSION OR DATA, (V) STATEMENTS OR CONDUCT OF ANYONE ON AUTOBOOKS, (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, (VII) ANY OTHER MATTER RELATING TO AUTOBOOKS.