Terms of Service - Budgeteer

Last Updated: December 2, 2024

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Budgeteer mobile application and related services (collectively, the "App"). These Terms constitute a legally binding agreement between you and Budgeteer ("we," "us," or "our"). By downloading, installing, accessing, or using our App, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

"User," "you," and "your" refer to the individual accessing or using the App.

"Content" refers to any text, images, videos, audio, or other material that appears on or through the App.

"User Content" refers to any Content that users submit, upload, or transmit to or through the App.

"Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.

3. Acceptance of Terms

By downloading, installing, accessing, or using our App, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not download, install, access, or use our App.

4. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms within the App or by other reasonable means. Your continued use of the App after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and uninstall it from your device.

5. Eligibility

To use our App, you must be at least 13 years old. If you are under 18 years old, you must have permission from your parent or legal guardian to use the App, and they must agree to these Terms on your behalf. By using the App, you represent and warrant that you meet these eligibility requirements.

6. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial purposes on a mobile device that you own or control. This license does not include any right to:

• Modify, disassemble, decompile or reverse engineer the App
• Rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the App
• Copy or store the App other than as allowed by these Terms or as specifically authorized under applicable mandatory laws
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the App
• Use the App in a way that violates applicable laws or regulations

7. App Store Additional Terms

Where the App is made available to you through an app store (such as Apple's App Store or Google Play), you acknowledge and agree that:

• These Terms are between you and Budgeteer, not with the app store
• The app store has no obligation to furnish any maintenance and support services with respect to the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify the app store, and the app store may refund the purchase price for the App (if applicable)
• To the maximum extent permitted by applicable law, the app store will have no other warranty obligation with respect to the App
• The app store is not responsible for addressing any claims you have or any claims of any third party relating to the App
• You must comply with the app store's terms of service when using the App

8. User Accounts

You may be required to create an account to access certain features of our App. You are responsible for:

• Providing accurate, current, and complete information
• Maintaining the confidentiality of your password and account
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our App or other users.

9. In-App Purchases and Subscriptions

The App may offer in-app purchases or subscription services. All purchases and subscriptions are subject to the following terms:

• Prices for in-app purchases and subscriptions are displayed in the App and are subject to change at any time
• Payment will be charged to your app store account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel your subscriptions by going to your account settings in the app store
• No refunds will be provided for any unused portion of a subscription period

10. User Content

The App allows you to submit User Content such as budget information, transaction details, and financial data. You retain ownership of any User Content you submit, but you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content solely for the purpose of providing the Service to you.

You represent and warrant that you have all necessary rights to grant us this license and that your User Content does not violate any third-party rights or applicable laws.

We reserve the right to remove any User Content at our discretion.

11. Prohibited Conduct

You agree not to:

• Violate any applicable law or regulation
• Infringe the rights of others, including intellectual property rights
• Harass, abuse, or harm another person
• Interfere with the proper functioning of our App
• Attempt to breach any security or authentication measures
• Use our App for any illegal or unauthorized purpose
• Post or transmit malicious code or other harmful computer code
• Impersonate others or misrepresent your affiliation with any person or entity
• Use any device, software, or routine that interferes with the proper working of our App
• Attempt to gain unauthorized access to the App, other users' accounts, or computer systems or networks connected to the App

12. Privacy and Permissions

Our Privacy Policy describes how we collect, use, and share information about you. By using the App, you consent to our collection and use of information as described in our Privacy Policy.

The App may request certain permissions to access features on your device, such as camera, location, contacts, or storage. You can manage these permissions through your device settings. Denying certain permissions may limit the functionality of the App.

13. Intellectual Property

All content provided by Budgeteer, including but not limited to the App design, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Budgeteer or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Budgeteer.

14. Third-Party Links and Services

Our App may contain links to third-party websites or services that are not owned or controlled by Budgeteer. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Budgeteer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

15. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Budgeteer DOES NOT WARRANT THAT THE APP IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE APP WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. Budgeteer DISCLAIMS ALL LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED THROUGH THE APP.

The App is a budgeting tool only and does not provide financial, investment, tax, or legal advice. You should consult with qualified professionals for such advice.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUDGET APP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

17. Indemnification

You agree to indemnify, defend, and hold harmless Budgeteer, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms, your User Content, or your use of the App. Budgeteer reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Budgeteer in asserting any available defenses.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of your jurisdiction, without regard to its conflict of law provisions.

19. Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration, except that either party may seek injunctive relief in court to protect intellectual property rights.

20. Entire Agreement

These Terms, including our Privacy Policy, constitute the entire agreement between you and Budgeteer regarding your use of our App and supersede any prior agreements between you and Budgeteer relating to your use of our App.

21. Waiver and Severability

The failure of Budgeteer to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

22. Termination

We reserve the right to suspend or terminate your access to our App at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users of our App, us, or third parties, or for any other reason. Upon termination, your license to use our App will immediately cease.

Upon termination:

• Your right to use the App will immediately cease
• We may delete your account and data in accordance with our Privacy Policy
• You will not be entitled to any refund of subscription fees
• Sections that by their nature should survive termination will remain in effect

23. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@trybudgeteer.com

By using Budgeteer, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.