Last updated: May 18, 2023

To access and retain E-Communications, you will need a mobile device or computer capable of accessing the Internet, access to an email account and an Internet browser that supports 128-bit encryption. To read certain documents, you may also need a PDF file reader. To retain a copy of E-Communications for future reference, you will need a printer or a storage device with sufficient space, such as your computer's disk drive, or space to store screenshots on your mobile device. You may send any questions regarding the hardware and software requirements directly to us or to our third-party product partners.

Your consent to receive E-Communications will remain in effect until you withdraw it. You may withdraw your consent to receive E-Communications by sending an email to info@walletifai.com. If you withdraw your consent to receive E-Communications, Walletifai reserves the right to either restrict or close your Walletifai Account. Walletifai transfers money between your own accounts, therefore, should you choose to close your Walletifai account, we will finalize all the in-progress transfers, if any, and take steps to close your Walletifai account. You will no longer be able to use any of our products or services. Any withdrawal of your consent to receive E-Communications will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive E-Communications will not apply to E-Communications provided by us to you before the withdrawal of your consent becomes effective.

You must keep us and our third-party product partners informed of any change in your phone number and email address (and mailing address as applicable). You may update such contact information by logging into our App (and our third-party product partners' websites, as applicable) or by sending us (and our third-party product partners, as applicable) a written update by mail. You understand and agree that if Walletifai sends you an E-Communication but you do not receive it because your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive any E-Communications, Walletifai will be deemed to have provided the E-Communication to you.

By creating a Walletifai Account and connecting your bank account, you understand and agree that you are providing instructions for Walletifai to request and receive information about your bank account from third parties at any time for so long as you have an active Walletifai Account. For more information on the policies regarding fetching banking data that may occur as a result of engaging with our Services, please refer to our third party’s End User Privacy Policy and End User Services Agreement.

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

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 and App or through other E-Communication. Please review the Terms regularly to ensure you are familiar with the most recent modifications. If you continue to use the Services after we have posted modified Terms on the Site or App, you are confirming to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, you must discontinue your use of the Services. 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, in our sole discretion.

You may use the Services only if you: (i) are 18 years or older and capable of forming a binding contract with Walletifai; (ii) are a Canadian or United States citizen (or a legal Canadian or U.S. resident); (iii) are the owner of the bank deposit account or a credit union share draft account with a Canadian or U.S. financial institution (any such account, a "Bank Account") that is connected to your Walletifai Account; and (iv) are not barred from using the Services under applicable law. We refer to a bank and a credit union interchangeably as a "bank". If your Bank Account is a joint account, you represent and warrant that you have the authority to bind the absent account holder and to enter into these Terms.

Use of the Services requires the creation of an account with Walletifai (a "Walletifai Account"), which requires you to connect your bank account. Walletifai is not a bank and a Walletifai Account is not a bank account. A Walletifai Account includes your agreements with Walletifai, along with any applicable service provider agreements. You can create a Walletifai Account by using an email address and password via the App. In order to create your Walletifai Account, you will also need to provide certain information requested by us so that we can provide the Services to you. You may also need to provide the online credentials details of your Bank Account, such as the username, password and/or other credentials that allow you to access your Bank Account on the Internet. For our compliance purposes and in order to provide the Services to you, you hereby authorize us (or our third-party service providers) to obtain, verify, and record information and documentation that helps us verify your identity and Bank Account details. Walletifai does NOT save your Bank Account username and password. When you create your Walletifai Account and from time to time thereafter, we may require you to and you hereby agree to provide and/or confirm information and documentation that will allow us to identify you, such as:

A copy of your government-issued photo ID, such as a passport or driver's license.

A copy of a utility bill, bank statement, affidavit, or other bill, dated within three (3) months of our request, with your name and street address on it; and

Such other information and documentation that we may require from time to time.

It's important that you provide us with accurate, complete and up-to-date information for your Walletifai Account and your Bank 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 Walletifai Account. You agree that you won't disclose your Walletifai Account password to anyone and you'll notify us immediately of any unauthorized use of your Walletifai Account. You also agree not to transfer your Walletifai Account to any third party. You're responsible for all activities that occur under your Walletifai Account, whether or not you know about them.

Walletifai's policy is not responsible for any overdraft or non-sufficient fund fees ("Overdraft Fees") charged by your bank or other financial institution as a direct result of automatic withdrawals or automatic payments initiated through Walletifai for the Services from your Bank Account at your bank or other financial institution. Overdraft Fees charged by your bank or other financial institution resulting from a transfer from your bank account initiated by you or another authorized signatory either are all carried out by third-party service providers. For more information on the policies regarding the transfer of funds that may occur as a result of engaging with our Services, please refer to the relevant terms and conditions of our third-party services providers at: https://zumrails.com/.

Walletifai Smart Saving Challenge feature that connects users to third-party service providers to transfer money from a Bank Account of their choice to another Bank Account for a Smart Saving Goal. Walletifai will track of how much money belongs to which Smart Saving Goal. Walletifai Smart Saving Challenge enables the transfer of money from one bank to another as long as they both belong to you. By creating a Smart Saving Goal, with auto-transfer selected, you confirm that you are aware of the amounts and the dates of automatic funds transfer. We may also stop transferring funds between your Bank Account, as applicable, without notice to you at any time if required by applicable law or if we, in our sole discretion, suspect that the Services are being used for illicit purposes or otherwise in violation of these Terms. You may not use your funds in your Savings Account to make purchases, withdraw cash from an automated teller machine or by any other means, transfer funds to third parties, or for any other purpose. You are solely responsible for determining whether the funds debited from your Bank Account and the funds maintained for you in your Savings Account are acceptable to you. We are not responsible for any third-party fees or Bank Account fees that may be incurred as a result of using the Services, including, but not limited to, fees you may incur as a result of maintaining insufficient funds in your Bank Account. Walletifai is not responsible for any Overdraft Fees your Bank may charge to you. Even though, we check your Account balance before issuing the transfer request to our third parties, We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. While we work hard to transfer funds from your Bank Account only when you have the funds available, we cannot guarantee that you or any other third parties will not lower that balance between when we check the availability of funds and when our transfer request is processed and finalized. Third Party Money Transfers Walletifai connects users with Zumrail's Services to transfer your money between your Bank Accounts. Walletifai does not own or control Zumrails or any other third party whose products or services are available from the App. Consequently, Walletifai is not responsible or liable for the third-party products and services. If you have a support question or other inquiry related to a third party's products or services, you should send your support question or other inquiry to the third party using the contact information provided in their terms of use or other customer agreement. Please review the terms and conditions and privacy policy of Zumrails before using their services available through the Smart Savings Goal. By creating a Walletifai Account and using the Services, you authorize Walletifai to connect you with third parties that may transfer your money between Bank Accounts. Walletifai does not control and is not responsible for the actions taken by third parties who are made available to you. Please review the Terms and Conditions and Privacy Policy of third parties before using their services. We may vary the days of the week on which we connect third parties to initiate transfers due to Banks transfers policies, especially over the weekends and Statutory holidays. We check your Account balance before issuing the transfer request to our third parties. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. While we work hard to transfer funds from your Bank Account only when you have the funds available, we cannot guarantee that you or any other third parties will not lower that balance between when we check the availability of funds and when our transfer request is processed and finalized. You acknowledge authorization contained in this section represents your written authorization for EFT and ACH debit transactions as provided in this section and will remain in full force and effect until you notify Walletifai that you wish to revoke this debit authorization in one of two ways: turning off automatic transfer under all Smart Saving Goals in the App, or contacting us via the "Need more help?" link in the help center section of the Site. You must notify us that you are exercising your right to stop a debit or revoke your authorization for automatic debits at least three (3) banking days before the next scheduled debit date. Similarly, if you turn off automatic savings, that change in your settings may not take effect or stop a pending debit transaction for up to three (3) banking days. If you turn off automatic savings or notify us that you are revoking this debit authorization, but you do so less than three (3) banking days before the next scheduled debit date, we may nonetheless attempt, in our sole discretion, to cancel that scheduled debit transaction. However, we assume no responsibility for our failure to do so. You agree to cooperate with us in correcting errors that may occur as part of the Services. If you receive funds or a credit in an amount greater than what you are entitled to receive under the Services and these Terms, then you agree to immediately return and pay such excess amounts to either us or our third-party. You agree that we and our agents may reverse, withdraw or cancel any debit, transaction or item that provided you with funds in error. You agree that an error occurred if we or our third-parties send any funds to you after we receive evidence indicating that you defrauded us or provided us or our third-parties with false information. You agree that we may initiate a new EFT or ACH debit request to our third-party, as applicable, in an amount equal to such overpayment plus the amount of expenses we incurred in recovering such overpayment, including the amount of your obligations, if any, under the "Indemnity" provision below. You agree to cooperate with us in correcting errors that may occur as part of the Services. If a transfer exceeds the amount you authorized, you agree to work with Walletifai and any third parties to rectify the error. You covenant not to file any legal action against Walletifai or any third party for innocent errors that may occur as a part of the Services. If you notice an error please contact support@walletifai.com as soon as possible. This paragraph shall survive termination, discontinuation, or cancellation of the Services or your Account for any reason. In addition to any of your other representations and warranties in these Terms, you represent that: (i) your browser is equipped with at least 128-bit security encryption; (ii) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (iii) the EFT and ACH transactions you authorize through our Services comply with applicable law; and (iv) your email address on record with us is yours and that email address is accurate and up-to-date.

We may charge a fee (the "Subscription Fee") for access to certain Walletifai features. The amount of the Subscription Fee is disclosed in the App as well as the applicable app stores through which you accessed Walletifai (e.g. Apple’ App Store or Google Play). Walletifai may charge you the relevant Subscription Fee’s, as outlined in the applicable app stores, for as long as you continue to subscribe to the paid services selected by you (the "Subscription Term"). During the Subscription Term, fees may be adjusted from time to time at our sole discretion. You shall be provided with reasonable notice to any adjustments to the Fees. If paying by credit card, you authorize us to charge the applicable credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third-party to process payments and consent to the disclosure of payment information to such a third-party. You hereby agree that you will keep your contact information, billing information, and credit card information (where applicable) up to date. Changes may be made to your billing information through the applicable app stores or by contacting us at support@walletifai.com. You may cancel your subscription at any time, and all amounts paid are non-refundable, except as specifically provided for in this agreement. All fees are due and payable throughout the term, in accordance with the customers applicable month-to-month subscription schedule, and the relevant terms and conditions of the applicable app stores. All fees are exclusive of taxes, which we will charge as applicable specific to Retail Partners region, province, or country. You agree to pay any taxes applicable to your use of the service(s). For clarity, Users may cancel their month-to-month subscription at any time through the applicable app stores. Unless you have cancelled your subscription through the applicable app stores, the subscription shall automatically renew each month. In the event you cancel your subscription, any amounts paid are non-refundable, and the Services and Subscription Term shall be Terminated the day prior to the next renewal term (the "Expiration Date"). You may continue to access the Services for the entirety of the Subscription Term in which they have canceled, and the Services will be discontinued commencing the following Subscription Term. Services will automatically renew according the section above and in accordance with your applicable app stores subscription. To prevent renewal of your subscription, you must cancel your subscription within the applicable app stores. Should you have any questions or encounter any problems with regard to cancellation please contact the app stores used to subscribed to our Services or email us at support@walletifai.com.

By creating a Walletifai Account and using the Services, you authorize us (or our third-party service providers) to obtain information about you and your bank account from the financial institution holding your bank account and other third-party websites and databases (your "Financial Information") as necessary to provide the Services to you.

IAs part of your use of the Services, you may receive notifications, alerts, or emails about the Services. By providing your cellular phone number, you may receive SMS messages relating to your use of the Services. We will not send you promotional or marketing SMS messages without obtaining your separate, written consent, which is not required for you to use the Services. You agree to the receipt of these communications. To control receipt of these communications, text HELP for help or text STOP to cancel.

We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. If we elect to use Feedback for marketing or advertising purposes, you acknowledge and agree that we may do so in any media format now known or hereafter developed without requiring your pre-approval and you are not entitled to any compensation for such use.

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 Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. User Content does not include Financial Information.

Walletifai 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, Walletifai 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 Canada 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.

By making any User Content available through Services you hereby grant to Walletifai a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. 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 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 Walletifai 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 posts or comments you make) 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.

Subject to your compliance with these Terms, Walletifai 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.

Subject to your compliance with these Terms, Walletifai 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. Walletifai reserves all rights in and to the App not expressly granted to you under these Terms.

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any 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, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Services or any individual element within the Services, Walletifai's name, any Walletifai trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Walletifai's express written consent;
• Access, tamper with, or use non-public areas of the Services, Walletifai's computer systems, or the technical delivery systems of Walletifai's providers; Attempt to probe, scan or test the vulnerability of any Walletifai system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Walletifai or any of Walletifai'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 Walletifai or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilizing an Walletifai trademark, logo URL or product name without Walletifai's express written consent; Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Forge any Transmission Control Protocol / Internet Protocol address packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
• 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;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation or willingly violate, or attempt to violate, the terms of any program offered by Walletifai or Walletifai's partners; 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, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or 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.

The Services and App 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. Walletifai does not warrant or guarantee the third-party products or services available through these links, all of which are subject to the respective third party's terms of use or customer agreement. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

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 contacting us via the "Contact Support" link in the help center section of the App, by emailing support@walletifai.com, or by following the cancellation procedures through the applicable App Store. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions of these Terms will survive: "Third Party Money Transfers" (pursuant to the terms set forth in that section, above), "Feedback", "Content and Content Rights", "Content Ownership, Responsibility and Removal", "Termination", "Limitation of Liability", "Dispute Resolution" and "General Terms".

THE SERVICES AND CONTENT 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. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. We make no warranty that your participation in or use of the Services will not result in you being charged Overdraft Fees. USE OF THE SERVICES, THE CONTENT AND ANY INFORMATION OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. WALLETIFAI AND THE SERVICES ARE NOT ENDORSED BY OR AFFILIATED WITH THE FEDERAL DEPOSIT INSURANCE CORPORATION OR FINRA, AND WALLETIFAI IS NOT A BANK, CREDIT UNION OR OTHER DEPOSITORY INSTITUTION. WALLETIFAI MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RESULTS OR SAVINGS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES. BEFORE MAKING ANY FINANCIAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, INCLUDING RECOMMENDATIONS OF THIRD PARTIES IDENTIFIED THROUGH THE SERVICES, WALLETIFAI RECOMMENDS THAT YOU OBTAIN ADDITIONAL INFORMATION OR OTHER FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. YOU ACKNOWLEDGE THAT WALLETIFAI IS SOLELY AN INTERMEDIARY BETWEEN YOU AND OUR MARKETING PARTNERS FOR WHOM WE DISPLAY OFFERS FOR FINANCIAL PRODUCTS AND SERVICES. WALLETIFAI MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. WALLETIFAI EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INACCURACY OR INCOMPLETENESS OF ANY SAVINGS ESTIMATES, APPROVAL ODDS, OR RELATED INFORMATION, AVAILABLE THROUGH THE SERVICES OR THE CONTENT; OR THE AVAILABILITY OR LEGALITY OF ANY OF THE OFFERS FROM OUR MARKETING PARTNERS.

You will indemnify and hold harmless Walletifai 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 or Content, (ii) your User Content, or (iii) your violation of these Terms.

NEITHER WALLETIFAI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, 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 OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WALLETIFAI 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 WALLETIFAI'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WALLETIFAI AND YOU.

Any controversy or dispute between Walletifai and you arising out of, or related to, these Terms and/or your use of the Services that cannot be settled by mutual agreement shall be exclusively and finally settled by arbitration under the Rules of the Canadian Arbitration Association. The following provisions shall govern any arbitration hereunder:

• The legal seat of arbitration shall be Toronto, Ontario, Canada.
• There shall be one arbitrator agreed to by the Parties within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by the Canadian Arbitration Association in accordance with the Canadian Arbitration Association Rules.
• The language of the arbitration, including the hearings, documentation and award shall be English.
• The parties shall each bear their own legal costs and expenses of the arbitration.
• Any decision of the arbitrator shall be final and binding on the parties and their respective successors and assigns, and there shall be no right to appeal such decision, whether on a question of law, a question of fact or a mixed question of fact and law.
• The governing law of the arbitration shall be the law of the province of Ontario.
• The arbitration procedures, hearings, documents and award shall remain strictly confidential between the parties.

You and we agree that each of us may bring claims against the other only in yours and our individual capacity, and not as a plaintiff or class members in any purported class or representative proceeding, thereby waiving the right to participate as a class representative or class members in a class action relating in any way to a dispute hereunder.

We may provide you notice to the email address you provide to Walletifai or through the account used to subscribe to our Services through the applicable App Store. Notice shall be deemed given 24 hours after email is sent.

We make no representation that information on our Services is appropriate or available for use outside Canada. Those who choose to access our Services from outside Canada do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using our Services, you consent to having any content you provide, and any personal information that you provide as part of the account creation process transferred to, and processed in, Canada subject to the restrictions on such data as provided in our Privacy Policy posted through our Site from time to time

You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our prior written consent. Walletifai may transfer, assign, or delegate these Terms and its rights and obligations without restriction. These Terms shall bind and enure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. You do not have any authority to bind Walletifai in any respect whatsoever. This Agreement constitutes the entire agreement between the Parties and, except as otherwise set out in another agreement with us, supersedes all previous agreements and understandings relating to the subject matter hereof, and cannot be amended except in writing signed by both parties or by our posting of an amended version of these Terms on our Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Walletifai to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and Conditions will be governed by the laws of Ontario and the applicable federal laws of Canada, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. All disputes arising out of or in connection with these Terms shall be resolved exclusively in the jurisdiction and venue of the courts in Toronto, Ontario.

If you have any questions about these Terms or the Services, please contact us via the "Need more help" link in the help center section of the Site or by emailing support@walletifai.com.