ughMoney Terms of Service

Last updated on June 22 2017

Welcome to ughMoney! Please make sure to read these Terms of Service carefully because they affect your legal rights.

These Terms of Service (“Terms”) govern your access to and use of the products, services, website, and mobile applications (collectively “Services”) of ughMoney, Inc. (“ughMoney,” “we,” “us,” or “our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Services and must cease all such use immediately.

Arbitration Notice: Except if you opt out within 30 days of the date you first agree to these Terms by following the procedures in the "Arbitration" section below, and except for certain types of disputes described in the "Arbitration" section below, you agree that disputes between you and ughMoney will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

1. Eligibility

You may use our Services only if you can form a binding contract with ughMoney.

You must be 18 years old or older to use or access our Services. By using our Services, you are representing that you are at least 18 years old. If we learn that someone under 18 is using our Services, we will terminate his or her account.

Our Services are only available to residents of the United States. The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ughMoney to any registration requirement within such jurisdiction or country.

2. Registration

Our Services provide a personal financial information management service that allows you to track and manage your financial information.

In order to use the Services, you will need to register for an ughMoney account. When you register, you authorize us to create and maintain an account in your name using your registration information and other information that will be collected about you in accordance with our Privacy Policy.

To use the Services, you agree that:

3. Your Account Information from Third Party Sites

Our Services include features that allow you to connect your ughMoney account with accounts or services provided by third parties, such as accounts with financial institutions or social medium platforms. ughMoney is not responsible for the information or products or services offered by or on third-party sites. Your interactions and business dealings with third parties are solely between you and respective third party.

Users may direct ughMoney to retrieve their own information maintained online by third parties with which they have customer relationships, maintain accounts or engage in financial transactions. ughMoney works with one or more online service providers to access this information and does not review the information for accuracy, legality or non-infringement.

By submitting your financial account information through the Services, you expressly consent to the sharing of your information with third parties who will help to facilitate the Services.

For example, we use a company called Plaid to verify your financial accounts and gather your financial information for you. Your credentials are sent through Plaid to your financial account or credit card provider, which sends back an encrypted token to us. These credentials are not stored by us in any way. Plaid may store your financial account information so you can use our Services in the future. We do not have direct control over or responsibility for your financial account information. We cannot guarantee that transmissions of your financial account information or Personal Information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third-party service providers.

We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.

When you add your financial information to your ughMoney account, you specifically consent to let us access and store data about these relationships, accounts, and transactions. We do not have access to your passwords, and your passwords are never stored on our servers.

4. Intellectual Property

Our Intellectual Property

Unless otherwise indicated by us, all content and materials, including visual interfaces, information, data, and computer code, provided by us through our Services and all related intellectual property rights is the property of ughMoney and its third-party licensors.

The Services are protected by trademark, copyright, and other US and foreign laws. These Terms do not grant you any right, title or interest in the Services, our trademarks, or intellectual property. You agree not to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our content or materials without our express prior written consent.

You agree not reverse engineer or reverse compile any of our Services or the technology used to operate our Services.

Our Partners' Intellectual Property

Our Services may display certain intellectual property, such as company, product, and service name and logos, that is owned by our partners. Nothing in the Terms grants you any right, title or interest in our partners' intellectual property.

Feedback

We welcome feedback and are always interested in learning about ways that we can improve our Services. However, please note that we may use your ideas, suggestions, and comments without any restriction or obligation to you. By accepting your feedback, we do not waive any rights to use similar or related feedback previously known to ughMoney or developed by its employees or obtained from sources other than you.

5. Rules of Conduct

In connection with your use of our Services, you agree that you will not:

6. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.

We reserve all rights not expressly granted to you in these Terms.

7. Offers

Some parts of the Services may be supported by sponsored links from advertisers. The Services may display offers that may be custom matched to you based on the information stored in the Services, queries made through the Services, or other information. We may disclose when a particular offers is sponsored or otherwise provided by a third party.

In connection with these offers, the Services may provide links to other web sites belonging to our advertisers and other third parties. The offers are provided as a convenience, and ughMoney does not endorse, warrant or guarantee the products or services available through the offers, whether or not sponsored. ughMoney is not agent or broker or otherwise responsible for the activities and policies of those web sites.

We do not guarantee that you will be presented with any offers for any products or services or that you will meet the approval criteria for any particular offer.

It is always your choice whether or not to apply for a product or service and we will never submit an application for a product or service on your behalf without your consent.

If you elect to use or purchase services from third parties, you are subject to their terms of service and privacy policy.

8. Security

We care about the security of our users and work to protect the security of your account. However, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please keep your password secure and notify us immediately if you suspect that your ughMoney account has been compromised or used without your permission.

9. Termination

You may cancel your account at any time by sending an email to support@ughmoney.com.

We reserve the right to suspend or terminate your access to and use of the Services at any time with or without cause or notice to you.

Upon termination or cancelation of your account, you continue to be bound by all sections of these Terms that by their nature should survive termination, including without limitation “Intellectual Property,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” "Assignment," "Severability," “Arbitration,” and "Entire Agreement."

Upon termination or cancelation of your account, all licenses and other rights granted to you in these Terms will immediately cease.

10. Disclaimer of Warranties

You use the Services at your own discretion and risk.

To the fullest extent permitted by law, ughMoney provides the Services on an “as is” and "as available" basis. We disclaim all warranties of any kind, whether express or implied, relating to our Services and content, including without limitation any and all warranties and conditions of merchantability, fitness for a particular purpose, accuracy, and non-infringement. 

Without limiting the foregoing, we make no warranty or representation that: (a) the Services will meet your requirements; (b) the Services will be timely, secure, uninterrupted, or error-free; (c) the information on the Services is accurate, complete, or reliable; or (d) the content available through the Services is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.

No advice or information, whether oral or written, obtained by you from ughMoney, our Services, or our content will create any warranty regarding ughMoney or our Services that is not expressly stated in these terms.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Not a Financial Planner

Neither ughMoney or the Services are intended to provide financial, legal, or tax advice. ughMoney is not a financial planner, broker, or tax advisor. The Services are for informational purposes only, and are intended only to assist you in your financial organization and decision making. Your personal financial situation is unique, and any information or advice obtained through the Services may not be appropriate for your situation. Before making any financial decisions or implementing any financial strategy, you should consider obtaining additional information and advice from a financial advisor.

12. Limitation of Liability

To the maximum extent permitted by law, ughMoney and its representatives, agents, directors, employees, equity holders, managers, officers, vendors, and licensors shall not be liable for any indirect, incidental, special, or consequential damages (such as loss of profits, loss of goodwill, loss of data, work stoppage, or other intangible losses) related to: (1) the Services; (2) your use of, access to, or inability to use or access the Services; (3) the cost of procurement of substitute goods and services; (4) any errors or omissions in the Service’s operations; (5) unauthorized access, use of, or alteration of your transmissions or data.

These limitations will apply regardless of whether or not ughMoney or any of its representatives, agents, directors, employees, equity holders, managers, officers, vendors, and licensors have been warned of the possibility of such damages.

In no event shall ughMoney’s aggregate liability for all claims relating to the Services exceed $75 USD.

13. Indemnification

To the fullest extent permitted by applicable law, you agree to defend (if requested by ughMoney), indemnify, and hold harmless ughMoney and its representatives, agents, directors, employees, equity holders, managers, officers, vendors, and licensors from and against any and all claims, losses, demands, damages, liabilities, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or in any way connected with: (1) your access to or use of the Services; (2) your violation or alleged violation of the Terms; (3) your violation or alleged violation of any applicable law, rule, code, or regulation, including, without limitation, regulatory, administrative, and legislative authorities; (4) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; (5) any dispute between you and a third party relating to our Services; (6) any misrepresentation made by you.

You must not settle any such claim or matter without the prior written consent of ughMoney. ughMoney reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims. These indemnity obligations shall survive any expiration or termination of your relationship with ughMoney.

14. Assignment

You may not assign any of your rights or obligations under these Terms to anyone else without our prior written consent.

All of our rights and obligations under these Terms are freely assignable by us without notice to you in connection with a merger, acquisition, or sale of assets, by operation of law, or otherwise.

15. Severability.

If any provision of the Terms is held to be illegal, invalid, void, or unenforceable for any reason, then that provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.

16. Arbitration

Please read this section carefully. It may significantly affect your legal rights

Informal Resolution

Before filing a claim against ughMoney, you agree to try to resolve the dispute informally by emailing us at support@ughmoney.com. We will try to resolve the informally by contacting you via email, phone, or other methods. If we cannot resolve the dispute within 21 days of receipt of your first email, you or ughMoney may bring a formal proceeding.

Agreement to Arbitrate

You and ughMoney agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under "Exceptions" below. You also agree that the arbitrator has exclusive authority to resolve any dispute relating to interpretation, applicability, or enforceability of this binding arbitration agreement.

You acknowledge and agree that you and ughMoney are each waiving the right to a trial by jury or to participate in a class action.

This agreement to arbitrate will survive any termination of these Terms or expiration or termination of your relationship with ughMoney.

Exceptions

There are a few exceptions to the agreement to arbitrate:

If the agreement to arbitrate is found not to apply to you or your claim, you agree to resolve any dispute you have with ughMoney (except for small claims actions) exclusively in a state or federal court in San Francisco County, California, and to submit to the personal jurisdiction of the courts located in San Francisco County for the purpose of litigating all such disputes.

Opting Out of the Agreement to Arbitrate

You can decline this agreement to arbitrate if you provide ughMoney with written notice of your desire to do so within 30 days following the date you first agree to these Terms. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.

To opt out, you must email support@ughmoney.com and provide your name, residence address, email address you use for your ughMoney account, and a clear statement that you want to opt out of the agreement to arbitrate.

Arbitration Procedure and Process

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this section of these Terms.

Unless you and ughMoney otherwise agree, the arbitration will be conducted at a location to be agreed upon in San Francisco County, California.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

No Class Actions

You may bring claims only on your own behalf. Neither you nor ughMoney will participate in a class action, class-wide arbitration, or representative proceeding for any claims against the other. Further, unless both you and ughMoney agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration” section will be deemed null and void.

17. Controlling Law

You agree that these Terms will be governed by California law, excluding conflicts of laws principles.

18. Waiver

ughMoney’s failure to enforce any of its rights or a provision of these Terms is not a waiver of its right to do so later. No waiver by ughMoney of any of the provisions in the Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of ughMoney.

19. Headings

You agree that the headings of sections of these Terms are for convenience only and will not be used to limit or construe the sections.

20. Changes to These Terms

We may need to modify these Terms from time to time and will post the most current version on our Services. Changes will never apply retroactively.

If we make a material change to these Terms, we will let you know either through the Services or via email at the email address associated with your account. If you do not agree to those changes, you can cancel your account by emailing us at support@ughmoney.com. Any material change to these Terms will be effective no less than 15 days from when we notify you. By continuing to use or access the Services after any changes come into effect, you agree to be bound by the modified Terms.

21. Entire Agreement

These Terms (including the Privacy Policy) constitute the entire agreement between you and ughMoney with respect to the Services and supersede and replace any prior or contemporaneous agreements.

These Terms create no third party beneficiary rights.

22. Contacting ughMoney

If you have any questions regarding the Terms, please contact us at support@ughmoney.com.