1. Summary of terms and conditions
These Terms of Service (“Agreement”) govern your browsing, viewing, and other use of the Services. By accessing or using the Services, You (“you”, “your”) agree to be bound by this Agreement. You may be a user who visits the Services even though you are not registered with Fivvy and/or a user who is registered with Fivvy to access features of the Services made available only to users who register with us (“Registered Users”). If you are viewing this on your mobile device, you can also view this Agreement via a web browser at Fivvy BEFORE USING THE SERVICES, PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON “ACCEPT”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE PROVISIONS OF SECTION 17 UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING OR PARTICIPATE IN CLASS ACTION CLAIMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK “ACCEPT”, IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE SERVICES. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT HE OR SHE HAS THE REQUISITE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS THE SERVICES THROUGH SUCH ENTITY’S ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH COMPANY IS LIMITED TO BEING A SERVICES USER, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF COMPANY FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF COMPANY.
2. Note for Children
The Services are not for persons under the age of 18. If you are under 18 years of age, then please do not use the Services. By clicking the “I Agree” button or by otherwise using the Services, you represent that you are at least 18 years of age.
3. Privacy Policy
The Company’s Privacy Policy, at https://fivvyforbusiness.com (the “Privacy Policy”), describes the collection, use, and disclosure of data and information (including usage data) by the Company in connection with the Services. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the collection, use, and disclosure practices set forth therein.
4. How it Works
The Services allow users to input certain information about their financial goals and payment methods. The Services will then make recommendations on the best payment method to achieve the stated financial goals with respect to individual purchases.
5. Registered Users
If you are a Registered User, you agree to provide us with true, accurate, and complete information and to maintain and promptly update such information in order to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your account and refuse any and all current or future uses of the Services. You agree not to share, resell, assign, transfer, or sublicense your access to the Services or your account to any third party. You further agree not to create a false or misleading identity in your use of the Services. You agree and understand you are responsible for maintaining the confidentiality of your password which, together with your user name (“Login Credentials”), allows you to access your account with us. You agree to immediately notify us at billing@fivvyforbusiness.com if you become aware of any actual or suspected unauthorized use of your Login Credentials or any other breach of security related to your Services account. We are not liable for any loss or damage arising from your failure to comply with the foregoing. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES TAKING PLACE THROUGH YOUR ACCOUNT, whether or not you are the individual who undertakes such activities.
6. Financial Data
If you are a Registered User, you hereby authorize us to obtain your financial data from one or more providers on Your behalf, on an ongoing basis and as frequently as is determined by Fivvy (“Authorization”). We may obtain your financial data for the purposes of financial recommendations. You agree that the foregoing Authorization does not constitute “written instructions” under the Fair Credit Reporting Act. Fivvy’s recommendations are based on the information obtained from financial institution’s websites. In case the entity makes any change in its usual benefits or its rewards program and this is not updated, the information obtained will be out of date and will not be Fivvy’s responsibility.
7. Ownership/ Proprietary Rights
As between you and the Company, the Company owns all worldwide right, title, and interest, including all intellectual property and other proprietary rights, in and to the Services, all content available in connection therewith and all usage and other data generated or collected in connection with the use thereof (collectively, the “Company Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Company Materials. The Company reserves the right to modify or discontinue the Services or any version(s) thereof at any time in its sole discretion, with or without notice.
8. Third Party Sites
The Services may include links that allow you to access websites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third-party sites and services, products or services made available through them, or your use of or interaction with them.
9. Prohibited Uses
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree not to scrape or otherwise use automated means to access or gather information from the Services, and agree not to bypass any robot exclusion measures we may put into place.
10. Additional Terms
When you use certain features or materials on the Services, such use may be subject to additional terms and conditions posted on the Services. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation. The information contained at this site may include technical inaccuracies or typographical errors. From time to time, Fivvy amends, changes, adds, deletes, updates or alters the information contained at this site, including information regarding the products and services described at the site, without notice. Fivvy assumes no liability for any errors or omissions in the information contained at the site and expressly disclaims any responsibility to update the information contained at this site. In addition, Fivvy does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice.
11. Transactions
You acknowledge that all transactions for which the Services provide recommendations are between you and the third-party seller, and the Company is not a party to such transactions. The Company’s sole involvement in such transactions is to make recommendations with respect to your chosen payment method. You may upload or input certain information related to your payment methods in the Services in connection with your use of the Services. Such information is stored with our third-party service providers on your behalf, and we will not access or use any such information except to the extent necessary to provide you the functionality of the Services. You can find out more about our privacy practices in our [Privacy Policy](Link to=’/policy’).
12. Cancellation of Services Account
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING US AT billing@fivvyforbusiness.com. IF YOU CANCEL YOUR SUBSCRIPTION, YOU MAY STILL USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION MONTH. TO NOT BE CHARGED FOR YOUR SUBSCRIPTION FOR THE FOLLOWING SUBSCRIPTION MONTH, YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST THIRTY (30) DAYS PRIOR TO THAT MONTH, OR YOU WILL OTHERWISE BE CHARGED FOR THAT MONTH’S SUBSCRIPTION. ALL CANCELLATION REQUESTS RECEIVED LESS THAN THIRTY (30) DAYS BEFORE THE FOLLOWING SUBSCRIPTION MONTH WILL APPLY TO THE FOLLOWING CYCLE. Fivvy will proceed to delete your personal information. Fivvy will retain information on deleted accounts as required for legal, regulatory and security purposes.
13. License to Use the App
If you have downloaded the App, then, subject to your compliance with all the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, nontransferable, revocable license to use the App on a compatible mobile device for your personal use, in each case solely in connection with your use of the Services. You may not: (i) modify or make derivative works of the App; (ii) distribute, transfer, sublicense, lease, lend, rent, or sell the App to any third party; (iii) reverse engineer, decompile, disassemble, or attempt to discover the source code of the App, except to the extent that such restriction is expressly prohibited by law; or (iv) remove, alter, or obscure any proprietary notice, trademark, or other proprietary rights notice from the App. We reserve all rights not expressly granted to you in this Agreement.
14. Indemnity
You agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, officers, agents, and employees from any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (i) your access to or use of the Services; (ii) your violation of this Agreement; (iii) your violation of applicable laws; (iv) any misrepresentation made by you; or (v) your breach of any representation or warranty made by you.
15. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR ANY OTHER MATTER RELATING TO THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE USE OF THE SERVICES.
16. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
17. Arbitration and Class Action Waiver
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, ITS BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION AWARD SHALL BE FINAL AND BINDING ON THE PARTIES. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF THIS AGREEMENT. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
18. General
This Agreement constitutes the entire agreement between you and the Company regarding the Services and supersedes all prior agreements, representations, and understandings, written or oral, regarding the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect. The Company’s failure to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of the Company. The Company may assign this Agreement, in whole or in part, at any time without notice. This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles.
19. Class Action Waiver
THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
20. Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 16.
21. Venue
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
22. Governing Law
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Services users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
23. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
24. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties. Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 17.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 17.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
25. Miscellaneous
The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective.