Terms of Service
This “Agreement” is between System Financial, Inc. (“we,” “our,” “us”) and you, the customer/user (“you,” “your”), and it governs use of the System and all related services. Downloading, installing, accessing, or using the System in any manner indicates that you agree to the terms and conditions of this Agreement and all related addendums, policies, statements, and amendments incorporated by reference herein.
Description of the Services:
The System is a service that reads the information provided to you by your financial and banking institutions in order to organize your financial situation in an automated manner. The System will suggest allotting certain amounts of your income to be used for recurring bills and obligations, savings, and discretionary investments. Other amounts of money will be allotted as guilt-free spending money. The System may suggest further organizational strategies that can be configured by you over the course of your use of the System. The System is accessed primarily through an app on your mobile device. The “Services” of the System include our website, any mobile applications, software, programs, documentation, tools, internet-based services, components, and any related updates (including software maintenance, service information, help content, bug fixes, or maintenance releases).
In order to sign up for and use the Services, you must be 18 years old, and you must have an Apple mobile device running iOS 8.0 or higher. The System works best if you are a salaried worker - whether self-employed or otherwise - with a single income paid at regular intervals.
Access to Third Party Systems and Information:
By providing your account information for various financial and banking institutions, you agree to allow the System to read and analyze all information provided by such third-party institutions. This could include account balances, monthly or other periodic statements, investment decisions, interest rates, addresses, account numbers, social security numbers, and other forms of personally identifying information.
Profile and Login Information:
Right to Terminate Service:
We reserve the right to terminate or suspend the Services without prior notice at any time for any reason or no reason. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
Neither The System nor the Services are intended to provide legal, tax, accounting, financial, investment, or interior decorating advice. The System is not a financial advisor, investment broker, banking institution, estate planner, retirement advisor, or tax advisor. The Services are intended to assist you with visualized financial organization and are broad in scope. Your financial situation is unique, and any information or suggestions obtained through the Services may not be appropriate for your situation. Before making any decisions or implementing any financial suggestion, you should consider obtaining additional information and advice from certified accountants or financial advisors who are fully aware of your individual circumstances.
The System does not manage, plan, pay, or organize taxes of any kind. Timely filing and payment of all local, state, and federal taxes, including without limitation real property and income taxes, is solely your responsibility.
The System owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. The System reserves all rights not expressly granted to you in this Agreement. The Services are protected by copyright, trademark, trade secret, and other intellectual property laws. This Agreement does not grant you any rights to the System’s trademarks or service marks.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, design rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or come into existence, and all applications, registrations, renewals, and extensions of such Intellectual Property Rights, under the laws of any state, country, territory, or other jurisdiction. The content of the Services, including the Services’ look and feel (text, graphics, colors, images, logos, icons, etc.), notices, software are all owned by us and are protected as Intellectual Property Rights.
If you choose to submit comments or ideas or respond to requests for comments and ideas about the Services, including without limitation about how to improve the Services or our other products (“Feedback”), you agree that your disclosure is gratuitous, unsolicited, without restriction, that it will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you and without requesting permission. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
The Services are licensed and not sold. We grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Services solely in accordance with this Agreement. You will be entitled to download updates to the Services, subject to any additional terms made known to you at that time.
The System is intended for personal use only. You may not do any of the following:
- use the Service for any commercial purpose, including without limitation providing financial advice to third parties;
- access the Service in order to create a competitive product or service;
- access or monitor the Services by using robots, spiders, scrapers, malicious software, or other automated means;
- attempt to interfere with or circumvent the proper working of the Services;
- attempt to gain unauthorized access to the Service or its related systems or networks;
- introduce malicious software, viruses, Trojans, worms, malware, or Denial of Service attacks into the System;
- submit content that violates the Intellectual Property Rights or privacy rights of a third party;
- use the Services for any purpose that is in contravention of any local, state, or federal law, restriction, regulation, or prohibition, including without limitation U.S. Export Control regulations;
- allow or cause any third party to do any of the restricted actions listed above.
We ask that you report suspected violations of these use restrictions to firstname.lastname@example.org.
Disclaimer of Warranties:
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR INSTALLED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. FURTHER, WE ARE NOT RESPONSIBLE FOR ANY EFFECT THAT TERMINATION OF THE SERVICES OR DISMANTLING OF THE APPS MAY HAVE ON YOUR PROPERTY, DATA, OR FINANCES.
Limitation of Liability:
IN NO EVENT: (a) WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $50 PER CLAIM OR $100 PER CLAIMANT; AND (b) WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY LOST REVENUES, INTEREST, OR PROFITS, NOR CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THESE LIMITATIONS APPLY: (a) TO LIABILITY FOR NEGLIGENCE AND GROSS NEGLIGENCE; (b) REGARDLESS OF THE THEORY OF LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF YOUR OTHER REMEDIES, IF ANY, FAIL OF THEIR ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THIS SECTION, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE. WE HAVE NO LIABILITY FOR A THIRD PARTY’S BREACH OR DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION OR DATA.
You agree to indemnify us, our agents, employees, officers, and directors from and against any and all third-party claims, lawsuits, damages, losses, judgments, disputes, and attorney’s fees related to your breach of this Agreement or use of the Service. In such a case, we will send you a written notice of such claim or action.
WE HAVE NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST ANY CLAIMS OR CAUSES OF ACTION RELATED TO THE SERVICE, INCLUDING WITHOUT LIMITATION CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. However, if we determine that the Service or any of the documentation may have violated a third party’s intellectual property rights, we may choose to either modify the Service and documentation to be non-infringing (while substantially preserving its utility or functionality), obtain a license to allow continued use, or cease providing the Services in our sole discretion.
You agree that all disputes arising out of the use of the Services or this Agreement will be settled by arbitration according to the following terms, except that you may assert claims in small claims court if your claims apply. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST US. All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered under the rules of the American Arbitration Association in San Francisco, California. The decision of the arbitrator shall be final and not appealable, and judgement on the arbitration award may be entered in any court having jurisdiction thereof. For purposes of this arbitration provision, references to you and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns, as well as authorized users or beneficiaries (whether third-party or not) of the Services.
If any provision or portion of this Agreement is found to be unenforceable, the unenforceable provision shall be limited to the extent necessary to render it enforceable. But if that is not possible, the unenforceable provision shall be severed. In either event, the remaining provisions of the Agreement shall remain in full force and effect to the greatest extent allowed by the applicable law with the purpose of honoring the purpose and intent of the Agreement as closely as possible.
This Agreement and any dispute relating to this Agreement or the use of the Services will be governed by the laws of the State of California and applicable federal law as applied to agreements entered into and performed entirely in the State of California without regard to the conflict of laws principles that would require the application of law from another jurisdiction. You agree that any small claims dispute arising out of your use of the Services or this Agreement will be finally settled in an appropriate court in Santa Clara County, California.