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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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 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: 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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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 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.
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 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.
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 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".
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.
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.
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.
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.
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.
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 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.
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.
[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.
[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.
[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.
[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.
[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.
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).
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.
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.