Terms of Use

Effective Date: July 26th, 2018

Welcome to Budgetwise.io, the website and online services of Budgetwise. ( “Budgetwise”, “Company”, “we”, or “us”). The following terms and conditions explain how you may use our website and online software (collectively “Budgetwise”, or “Budgetwise Service”). By using Budgetwise, you agree that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the Budgetwise Privacy Policy. The Company reserves the right to change this Agreement without your consent. Notice of any changes will be provided as soon as we can as we describe in this Agreement. This Agreement applies to anyone (including visitors, users, and others) who access the Budgetwise (a “User” or “Users”).

Please read through this entire Agreement, to make sure you understand how you may use the Budgetwise Service.
1. You must be of legal age to use Budgetwise The Budgetwise Service is offered and available to users who are 13 years of age or older (16 years of age and older in the European Union). By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. Any use or access to the Budgetwise Service by anyone under 13 is strictly prohibited and in violation of this Agreement.
2. When you sign up to use the Budgetwise Service, you will create an account. We ask that you follow the basic guidelines provided below when using your account. Your Budgetwise account gives you access to the services and functionality that we may establish and maintain from time to time, in our sole discretion. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date and current. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. The Company will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and how you interact with the Budgetwise Service by changing any applicable settings associated with your account. By providing the Company your email address, you consent to our using the email address to send you Company-related notices, including any notices required by law, in lieu of communication by mail. We may also use your email address to send you other messages, such as features and improvements for Budgetwise and marketing promotions. If you do not want to receive certain email messages, you may opt out or change your preferences as provided in our Privacy Policy.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Budgetwise Service.
3. Ownership and Distribution Budgetwise utilizes graphics, text, and other content provided by Budgetwise and our third-party service providers. You acknowledge that you do not obtain any ownership of such content. You may use such content only for private, noncommercial purposes and solely to the extent permitted by the functionality of the Budgetwise Service. We may terminate this license at any time for any reason or no reason.

All Intellectual Property Rights related thereto, are the exclusive property of Budgetwise and its licensors (including other Users who post User Content to the Budgetwise Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, download, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from Budgetwise. Use of the our content for any purpose not expressly permitted by this Agreement is strictly prohibited.
4. The Importance of Privacy. Privacy is really important to us at Budgetwise. Please read our Privacy Policy to learn what the Company does with your information. You understand that by using the Budgetwise Service you agree to the collection, use and disclosure of your personally identifiable information as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States. Please read the Privacy Policyto know how we use your information.
5. Warranty Disclaimer You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. Limitation on Liability IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. User Feedback & Idea Submissions Budgetwise welcomes all feedback to improve our Platform and Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to the Company in accordance with the following:

Non-Proprietary: Budgetwise considers any suggestions, ideas, proposals, user-feedback or other material submitted to it by users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary. The Company shall not be liable for the disclosure, use or exploitation of such Material.

License: You hereby grant and agree to grant Budgetwise a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
8. Indemnification To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Company. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, (ii) arising from your breach of any representations or warranties under these Terms of Service, (iii) arising from, related to, or connected with your use or misuse of the Platform or Services, and (iv) any actual prospective or actual transaction between you and a third party using any document generated by the Platform/Services provided herein. Budgetwisereserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
9. Governing Law These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of Rhode Island, without regard to or application of California’s conflict of law principles. The parties consent to the exclusive jurisdiction of the State of Rhode Island with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.
10. Complaints - California Residents If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
11. Entire Agreement These Terms of Service comprise the entire agreement between you and the Company and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.