Walletifai's Terms of Use

Last updated: September ,20 2021
Welcome to Walletifai. These Terms of Use ("Terms") govern your use of products and services provided by Walletifai Inc. (collectively "Walletifai", "we", "us", or "our"). You can view information relating to our products and services from the website located at https://walletifai.com/ (the "Site"), and you can access and use Walletifai's products and services by downloading our mobile device application (the "App") available from the Apple App Store and Google Play Store. To make these Terms easier to read, the Site, our services and the App are collectively called the "Services." THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AS SET FORTH IN THE SECTION ENTITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION", WHICH REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST WALLETIFAI ON AN INDIVIDUAL BASIS. THIS MEANS YOU CANNOT BRING CLAIMS AGAINST WALLETIFAI IN COURT AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

Agreement to Terms

By using our Services or clicking "Continue" or "Agree and Continue" (or a similar button or link) when provided with a link or other access to these Terms, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services or click "Continue." Please retain a copy of these Terms.

Walletifai E-Consent Terms

We require your consent to, and approval of, these "E-Consent Terms" as a condition to your using the Services, the Site or the App. In addition, we partner with various third-party product partners that provide financial products or services in order for us to generate offers for products or services that may be of interest to you. Please see our Privacy Policy for information about how your personal information is used to generate these offers. Some of our third-party partners also require that our users agree to be bound by these E-Consent Terms.

Introduction

These E-Consent Terms notify you of your rights when receiving electronic disclosures, records, notices, and information ("E-Communications"). E-Communications you may receive include but are not limited to these Terms and Walletifai's Privacy Policy. By submitting a request for an offer from any of our third-party product partners, or by using the Site or the App, you acknowledge that you have received these E-Consent Terms and that you consent to conduct all transactions with us and our third-party partners using E-Communications. The date of receipt of any E-Communications will be deemed the date on which such notice is transmitted by Walletifai.

Option for Paper or Non-Electronic Records

You may request any E-Communications in paper copy by contacting our third-party product partner directly (if the E-Communications are to or from that third-party product partner) or by sending an email to info@walletifai.com (if the E-communications are to or from us). We or our third-party product partner, as applicable, will provide paper copies upon your request, but we and they reserve the right to charge a fee, in our discretion, for providing such paper copies. We and our third-party product partners will retain records of E-Communications in accordance with applicable law.

Scope of Consent

Your E-Consent applies to all interactions online concerning you and us (and/or our third-party product partners, as applicable) and includes interactions engaged in on any mobile device (whether smartphone, tablet or otherwise) or computer. By agreeing to these Terms, you are consenting to have us (and/or our third-party product partners, as applicable) process your information and interact with you electronically. We (and/or our third-party product partners, as applicable) may also send you E-Communications that are related to our (and their) interactions and transactions with you. E-Communications may be provided online through our App or Site, or our third-party product partners' apps or websites, and may be provided by e-mail.

Consenting to Do Business Electronically

Before you decide to do business electronically with us and our third-party product partners, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements

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.

Withdrawing Consent

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 in case you choose to close your Walletifai account, we 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.

Updates to Your Contact Information

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.

Consent to Obtain Information from Third Parties

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.

Privacy Policy

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.

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 and App 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 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, then you will not be allowed to 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, in our sole discretion.

Arbitration Notice

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 BY BINDING ARBITRATION" SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "DISPUTE RESOLUTION BY BINDING ARBITRATION" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WALLETIFAI 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.

Description of Services

Through the Services, Walletifai monitors and analyzes your financial accounts, and based upon analytics, the Services provide you with automatically-generated predictions, insights and alerts as well as automatically-detected recurring expenses as to actions you can take regarding your financial situation. For example, Walletifai's analytics may notify you if a bill is due or you are charged more than once on a payment. Walletifai Smart Saving Challenge speeds up saving for short-term financial goals in a gamified way and by automating the recurring contributions and statistic updates and analysis. For example, if you choose to save for a nice trip, Walletifai transfers the contribution amounts, set by you, to a saving account of your choice and notifies you. Transfers happen only if you have the funds available in your bank account. You have the option to transfer the funds yourself and only keep track of them in the Smart Saving Challenge. Walletifai provides access to set more than two Smart Saving Goals at the same time through fee-based subscriptions.

Disclaimer

The Services are provided to assist you in managing your own finances and decision-making. Walletifai is not intended to provide legal or tax advice. Walletifai is not a bank or tax advisor. Your personal financial situation is unique, and therefore any information and/or recommendations obtained through the Services, may not be appropriate for your own situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, being charged an overdraft or insufficient funds fee. We do not control the sequence in which the bank or other financial institution you hold a Bank Account with processes any charges. You are responsible to make sure the funds are available in your bank account for any scheduled transfers on the scheduled date and between when we check the account balance until the transfer is finalized. It is your responsibility to review the terms associated with your Bank Account and understand any policies regarding overdraft, insufficient funds fees as well as the manner in which the bank processes any charges. Notwithstanding the above, for certain Overdraft Fees (as described below) we do provide a reimbursement. Please refer to our Overdraft and Non-Sufficient Fund Fee Reimbursement Policy for additional information on eligibility for reimbursement covering overdraft or insufficient funds fee charges. The Content (as defined below) may contain typographical errors or other errors, inaccuracies or deficiencies, and may not be complete, accurate or up to date. We reserve the right to correct any error, deficiency, omission or inaccuracy in any Content or otherwise on our App at any time, but we do not guarantee that any such errors, deficiencies, omissions or inaccuracies will be corrected.

Eligibility to Use Services

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.

Registration and Your Information

If you want to use the Services, you'll have to create 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, such as your name. 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.

Overdraft and Non-Sufficient Fund Fee Reimbursement Policy

Walletifai's policy is to reimburse 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 by Walletifai for the Services from your Bank Account at your bank or other financial institution subject to you providing Walletifai with documentation reasonably satisfactory to Walletifai of such Overdraft Fee. For example, automatic withdrawals to your Savings Account that result in an Overdraft Fee are eligible for reimbursement from Walletifai.
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 as a withdrawal to a Walletifai Account or payment for Services are ineligible for reimbursement. For example, any transfers initiated by you or another authorized signatory on your Bank Account to your Saving Account result in an Overdraft Fee are ineligible for reimbursement from Walletifai.
The Walletifai Account which triggered an eligible Overdraft Fee must be active for you to receive reimbursement for such Overdraft Fee. Requests to reimburse Overdraft Fees must be submitted within ninety (90) days of the original charge to be eligible for reimbursement. No reimbursements will be made for Overdraft Fees incurred as a result of a deactivated Walletifai Account. The total number of reimbursements by Walletifai for Overdraft Fees that you may receive in the aggregate is two.

Walletifai Smart Saving Account

Walletifai Smart Saving Challenge feature transfers money from a Bank Account of your choice to another Bank Account for a Smart Saving Goal. We only transfer money between Bank Accounts that belong to you. You may use the same Bank Account as the destination account for more than one Smart Saving Goal. Walletifai keeps track of how much money belongs to which Smart Saving Goal. Walletifai Smart Saving Challenge transfers money from one bank to another as long as they both belong to you.
Based upon your ACH and/or EFT authorization provided below, we transfer funds between your Bank Accounts via ACH or EFT on the scheduled dates that you set when creating a Smart Saving Goal. 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. While Walletifai does not charge Overdraft Fees, your Bank Account may. 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. Notwithstanding the above, for certain Overdraft Fees we do provide a reimbursement. Please refer to our Overdraft and Non-Sufficient Fund Fee Reimbursement Policy (above) for additional information on eligibility for reimbursement covering overdraft or insufficient funds fee charges.

Your Authorization for ACH and EFT Debits and Credits

By creating a Walletifai Account and using the Services, you provide your electronic signature to this Terms of Use and you authorize Walletifai to electronically debit and credit your Bank Account via the Automated Clearing House ("ACH") or Electronic Funds Transfer ("EFT"), and, if applicable, to correct erroneous debits and credits via ACH or EFT. 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 vary the days of the week on which we 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. We Notwithstanding the above, for certain overdraft or insufficient funds fees we do provide a reimbursement. Please refer to our Overdraft and Non-Sufficient Fund Fee Reimbursement Policy for additional information on your eligibility to receive such reimbursement.
You acknowledge that the electronic 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.
In addition, by agreeing to these Terms, you authorize Walletifai to electronically debit your Bank Account via ACH and/or EFT as follows:
  • Amount of Debits: Subscription Fee as described below
  • Frequency of Debits: once a month or once a year
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 us. 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 to your Bank Account, 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. 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 hereby authorize 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.
Walletifai works 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.

Subscription Fee

We charge a fee (the "Subscription Fee") for advanced access to Walletifai Smart Saving Challenge feature. Walletifai Smart Saving Challenge helps you save for your short-term or long-term financial goals. The current amount of the Subscription Fee is disclosed in the App. We may debit the Subscription Fee on a monthly or annual basis from your Bank Account pursuant to your ACH or EFT authorization provided above. When paid monthly, the Subscription Fee is non-refundable, except as otherwise required by applicable law. We may change the amount, frequency, and debit date of the Subscription Fee from time to time in our sole discretion. We will notify you in advance of any change to the Subscription Fee by sending you an email, by posting a notice on the Site and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Subscription Fee takes effect, you agree to pay the Subscription Fee, as modified.

Power of Attorney

By creating a Walletifai Account and using the Services, you automatically authorize us (or our third-party service providers) to obtain, without any time limit or the requirement to pay any fees, 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. For the purposes of these Terms and solely to provide the Financial Information to you as part of the Services, you grant Walletifai a limited power of attorney, and appoint Walletifa as your attorney-in-fact and agent, to access third-party services, retrieve and use your Financial Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WALLETIFAI IS ACCESSING AND RETRIEVING FINANCIAL INFORMATION FROM THIRD-PARTY SERVICES, WALLETIFAI IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY SERVICE.
You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. For Bank Accounts, we make no effort to review information obtained from the financial institution holding your Bank Account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between Walletifai and our third-party service providers, Walletifai owns your Financial Information.

Notifications and Verification

As 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.

Feedback

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.

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 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.

Content Ownership, Responsibility and Removal

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 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 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.

Rights in Content Granted by Walletifai

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.

Rights and Terms for Apps

Rights in App Granted by Walletifai

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.

General Prohibitions and Walletifai's Enforcement Rights

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 TCP/IP 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.

Links to Third-Party Websites or Resources

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.

Termination

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 or by emailing support@walletifai.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions of these Terms will survive: "Your Authorization for ACH Debits and Credits" (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".

Warranty Disclaimers

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.

Indemnity

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.

Limitation of Liability

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.

Dispute Resolution by Binding Arbitration

YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND WALLETIFAI. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN THE SECTION ENTITLED "OPT OUT OF ARBITRATION" BELOW.

Governing Law

This Agreement shall be governed by the laws of the province in which you are ordinarily resident at the time that you enter into this Program Agreement and the federal laws applicable therein without regard to the principles of conflict of laws.

Agreement to Arbitrate

You and Walletifai agree that the sole and exclusive forum and remedy for resolution of a Dispute shall be final and binding arbitration pursuant to this section entitled "Dispute Resolution by Binding Arbitration" unless you opt out as provided below. "Dispute" shall include any dispute, claim or controversy arising out of or relating to these Terms and/or the activities or relationships that involve, lead to, or result from these Terms, including our marketing activities, and (except to the extent provided otherwise in the paragraph entitled "NO CLASS ACTIONS") the validity or enforceability of this "Dispute Resolution by Binding Arbitration" section, any part thereof, or the entire Terms. Disputes will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court (a "Small Claims Action"); (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"); and (iii) to bring an action seeking only injunctive relief.

Opt Out of Arbitration

You may opt out of the binding arbitration described in this section by sending Walletifai written notice of your desire to do so by email at info@walletifai.com within thirty (30) days following the date you first agree to these Terms (such notice, an "Arbitration Opt-out Notice"). If you don't provide Walletifai 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 with regard to a Small Claims Action, IP Protection Action, or to bring an action seeking only injunctive relief, as expressly set forth above.

WAIVER OF RIGHT TO LITIGATE

Unless you timely provide Walletifai with an Arbitration Opt-out Notice, YOU ACKNOWLEDGE AND AGREE THAT YOU AND WALLETIFAI ARE EACH WAIVING THE RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

NO CLASS ACTIONS

NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. If this specific paragraph is held unenforceable in its entirety, then the entirety of this "Dispute Resolution by Binding Arbitration" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution by Binding Arbitration" section will survive any termination of these Terms.

Arbitration Rules

Your satisfaction with the Walletifai Services is important to Walletifai. If you have a complaint regarding Walletifai Services, or with respect to any provision of this Agreement, you must first submit your complaint directly to Walletifai at info@walletifai.com. Walletifai will review your complaint and seek to resolve the complaint to your satisfaction as soon as possible. [Not applicable in Quebec] If your complaint is not resolved to your satisfaction within thirty (30) days of making the complaint, you agree to resolve the complaint by final and binding arbitration to the extent mandatory arbitration is permitted by applicable law. The arbitration will be conducted in the province or territory in which you reside in accordance with the commercial arbitration laws and rules in the province or jurisdiction in which you reside. The complaint shall not be made the subject matter of an action in any court unless the complaint has first been submitted to arbitration and finally determined in arbitration. Any such action commenced thereafter shall only be for the purpose of enforcing the arbitration decision and the costs incidental to the action.
[Applicable to US] The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and Mediation Procedures and the Supplementary Procedures for Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution by Binding Arbitration" section. In the case of a conflict between the rules and policies of the administrator and this "Dispute Resolution by Binding Arbitration" section, this "Dispute Resolution by Binding Arbitration" section shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. (The AAA Rules are available at https://www.adr.org/Rules) The Federal Arbitration Act will govern the interpretation and enforcement of this "Dispute Resolution by Binding Arbitration" section.

Arbitration Process

[Applicable to US] 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 Affidavit For Waiver of Fees for qualifying 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

[Applicable to US] Unless you and Walletifai 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 Walletifai 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.

Arbitrator's Decision

[Applicable to US] 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.

Fees

[Applicable to US] If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the AAA Rules, or in accordance with countervailing law if contrary to the AAA Rules. However, if the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, 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)). In such circumstances, fees will be determined in accordance with the AAA Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

Appeals

[Applicable to US] Notwithstanding any language to the contrary in these Terms, the parties hereby agree: that the initial arbitration award (the "Underlying Award") may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

Changes

Notwithstanding the provisions of the "Changes to Terms or Services" section above, if Walletifai changes this "Dispute Resolution by Binding Arbitration" 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 info@walletifai.com) within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Walletifai'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 Walletifai in accordance with the provisions of this "Dispute Resolution by Binding Arbitration" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Walletifai and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Walletifai 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 court of competent jurisdiction, but only if you timely 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 Walletifai's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Walletifai 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 Walletifai 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 by Walletifai.
All third-party names, trademarks, and service marks (including any logos and icons) (together, "Marks") that are displayed on the Site or in the App are the property of their respective owners. Unless specifically and expressly identified as such, Walletifai's use of such Marks does not indicate any relationship with, sponsorship by, affiliation with or endorsement by the owners of such Marks and Walletifai.
Walletifai'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 Walletifai. 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.

Contact Information

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.