WalletIQ Terms of Service
Last Updated: July 1st, 2016
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WALLETIQ WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Agreement to Terms
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with WalletIQ and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or App. As part of the registration process, we may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or WalletIQ cannot verify your identity, we can refuse to allow you to use the Services.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t share your Account password with anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Using the Services
The Services consist of a personal finance information management service that allows you to aggregate, manage and track your financial information and related personal information (“User Information”). You can submit your User Information directly through the Services or by importing User Information maintained by third parties and third-party services with which you have a customer relationship, maintain an account or engage in financial transactions (each, a “Third-Party Site”). When submitting or importing User Information, you agree to provide current, complete, and accurate information about yourself. WalletIQ is not responsible for the accuracy or legality of the User Information you submit or import. If any User Information you submit is untrue, inaccurate, not current or incomplete, WalletIQ has the right to terminate your Account.
WalletIQ cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain User Information or loss of User Information, personalization settings or other service interruptions. WalletIQ cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User Information, communications or personalization settings. For example, when displayed through the Services, User Information is only as fresh as the time shown, which reflects when the information is obtained from the Third-Party Site. Such information may be more up-to-date when obtained directly from the relevant Third-Party Site. You can refresh your User Information through the Services, in the manner prescribed in the associated instructions.
Importing User Information
WalletIQ may work with one or more online service providers to retrieve your User Information maintained online by a Third-Party Site. If you choose to import User Information, you will be directly connected to the Third-Party Site. WalletIQ, or its service provider, will submit information (including usernames and passwords) that you provide to log into the Third-Party Site (such information comprising a “Third-Party Login”). You hereby authorize and permit WalletIQ and its service provider to use Third-Party Logins submitted by you to accomplish the foregoing. For purposes of these Terms and solely to import Third-Party Information from the Third-Party Website pursuant to your request, you grant WalletIQ a limited power of attorney, and appoint WalletIQ as your attorney-in-fact and agent, to access the Third-Party Site, use the Third-Party Information and retrieve your User Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you would do yourself.
YOU ACKNOWLEDGE AND AGREE THAT WHEN WALLETIQ IS ACCESSING AND RETRIEVING USER INFORMATION FROM ANY THIRD-PARTY SITE, WALLETIQ IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS THE WEBSITE. Your access to the Third-Party Website and any User Information it maintains is governed solely by the agreement between you and the operator of the Third-Party Website. If you choose to import User Information, you are responsible for ensuring that such action complies with the applicable terms of service between you and the Third-Party Website.
Sharing Your User Information
The Services may enable you to communicate with or share your User Information with other Account holders, such as family members. If you decide to do so, such Account holders may import and view your User Information. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM SHARING USER INFORMATION WITH OTHER ACCOUNT HOLDERS. WALLETIQ IS NOT RESPONSIBLE FOR ANY CONSEQUENCE OF ANY USE OR DISCLOSURE OF YOUR USER INFORMATION BY YOU OR ANY ACCOUNT HOLDER WITH WHOM YOU SHARE YOUR USER INFORMATION.
Offers and Links to Third-Party Websites or Resources
Some parts of the Services are supported by sponsored links from advertisers relating to third party products or services (“Offers”). The Services may display Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. Information in the Offers is provided by the third parties, and any Offer is subject to the third parties’ review of your information. WalletIQ may receive compensation from third parties which may impact the placement and availability of the Offers.
As part of the Offers or otherwise, the Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. WalletIQ does not endorse, warrant or guarantee the products or services available through such third-party websites or resources. WalletIQ is not an agent or broker or otherwise responsible for the activities or policies of such third parties. WalletIQ does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Services are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide or enable to be made available through the Services, including User Information. Content includes without limitation User Content.
Content Ownership and Responsibility
WalletIQ does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, WalletIQ and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through the Services you hereby grant to WalletIQ a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon and distribute your User Content in connection with operating and providing the Services and Content to you.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content is accurate to the best of your knowledge. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by WalletIQ on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as information shared with third parties) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by WalletIQ
Subject to your compliance with these Terms, WalletIQ grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps
Subject to your compliance with these Terms, WalletIQ grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. WalletIQ reserves all rights in and to the App not expressly granted to you under these Terms.
As part of the Services we provide, you may (if enabled) receive notifications, alerts or other types of messages from WalletIQ via text message, email or the messaging functionality provided by the Services (“Messages”). By providing us with your e-mail address, you agree to receive all required notices electronically. You are responsible for updating your email address on the Services, as necessary.
You have control over the Messages settings, and can opt in or out of these Messages (with the exception of infrequent, important notices, service announcements and administrative messages) either through your Account or by following the unsubscribe instructions provided in the e-mail you receive. Please be aware that third party messaging fees may occur for some of the Messages depending on the message plan you have with your wireless carrier.
If you provide your cellular phone number and agree to receive communications from WalletIQ, you specifically authorize WalletIQ to send text messages or calls to your phone. You are not required to consent to receive text messages or calls as a condition of using the services and may opt out of such messages. You can opt out of receiving text messages through your Account settings.
You understand and agree that any Messages provided to you through the Services may be delayed or prevented by a variety of factors. WalletIQ may make commercially reasonable efforts to provide Messages in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any Message. WalletIQ shall not be liable for any delays, failure to deliver, or misdirected delivery of any Message; for any errors in the content of a Message; or for any actions taken or not taken by you or any third party in reliance on a Message.
General Prohibitions and WalletIQ’s Enforcement Rights
You agree not to do any of the following:
- upload, submit, import or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates any applicable law or regulation or would give rise to civil liability; or (iii) is fraudulent, false, misleading or deceptive;
- use, display, mirror or frame (i) the Services or any individual element within the Services; (ii) WalletIQ’s name, any WalletIQ trademark, logo or other proprietary information; or (iii) the layout and design of any page or form contained on a page, without WalletIQ’s express written consent;
- access, tamper with, or use non-public areas of the Services, WalletIQ’s computer systems or the technical delivery systems of WalletIQ’s providers;
- attempt to probe, scan or test the vulnerability of any WalletIQ system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by WalletIQ or any of WalletIQ’s providers or any other third party (including another user) to protect the Services or Content;
- attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by WalletIQ or other generally available third-party web browsers;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, and the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your actions or any User Content to be in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Content and Content Rights,” “Content Ownership and Removal,” “Termination,” “Warranty Disclaimers,” “Indemnity,” “Limitation of Liability,” “Dispute Resolution” and “General Terms.”
NEITHER WALLETIQ NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. WALLETIQ IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. In no event will WalletIQ be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless WalletIQ and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER WALLETIQ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WALLETIQ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL WALLETIQ’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO WALLETIQ FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WALLETIQ, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WALLETIQ AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and WalletIQ agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide WalletIQ with written notice of your desire to do so by email at firstname.lastname@example.org or regular mail at 25 Taylor St., San Francisco, CA 94102 within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide WalletIQ with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide WalletIQ with an Arbitration Opt-out Notice, any Dispute will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide WalletIQ with an Arbitration Opt-out Notice, you acknowledge and agree that you and WalletIQ are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and WalletIQ otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and WalletIQ otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and WalletIQ submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. WalletIQ will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, WalletIQ will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if WalletIQ changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of WalletIQ’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and WalletIQ in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between WalletIQ and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between WalletIQ and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, if you opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without WalletIQ’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. WalletIQ may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by WalletIQ under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
WalletIQ’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WalletIQ. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact WalletIQ at firstname.lastname@example.org, (415) 944-9357 or 25 Taylor St., San Francisco, CA 94102.