Terms of Use
Updated April 26, 2022
1. Acceptance of Agreement
Please carefully review this Agreement before using the Mobile App, Website, or Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use the Mobile App, Website, or Services.
To use Money App's Mobile App, Website, or Services and to accept the Agreement, you must be (a) a legal resident of the United States, (b) of legal age to form a binding contract with Money App, and (c) not prohibited by law from using the Mobile App, Website, or Services.
2. Modification of this Agreement
Money App reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Website. You should check this Agreement on the Website periodically for changes. All changes shall be effective upon posting, and we will also we will also revise the "last updated date" stated above. Your continued use of the Mobile App, Website, or Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Money App may terminate, suspend, change, or restrict access to all or any part of the Mobile App, Website or Services without notice or liability.
3. Consent of Electronic Communications
- Communications to Be Provided in Electronic Form.
By choosing to use the Mobile App, Website, or Services, you will receive disclosures, notices, documents, and any other communications about the Mobile App, Website, Services, or Money App from Money App (“Communications”) from time-to-time. We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion. - Communications in Writing.
By accepting this Agreement, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically, as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time. - Minimum Requirements.
You understand that, in order to view and/or retain copies of the electronic Communications, you will need either:- A computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); or
- A mobile device that meets the requirements described in Section 4.
- Withdrawing Consent.
You may withdraw your consent to receive Communications electronically by contacting us at support@moneykit.com. If you withdraw your consent, we reserve the right to limit or close your user account with Money App (“Money App Account”). If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. - Updating Records.
As noted above, you can update your User Information (as defined in Section 6) in the Mobile App or by emailing us at support@moneykit.com.
4. Privacy Policy
Money App maintains a Privacy Policy at https://www.money.xyz/privacy, which details how we collect and use data. We fully incorporate our Privacy Policy into this Agreement. Note that we reserve the right to update the Privacy Policy at our discretion, and that any changes made to our Privacy Policy are effective when the updates are live on the Website or Mobile App.
5. Minimum Technology Requirements to Access Services
To access and use the Mobile App and Services, you must have a mobile device with access to the Internet running either Apple iOS 13.0 or higher. You must also have a valid phone number and sufficient storage space to install the Mobile App and corresponding data requirements. Money App’s Mobile App is available on the Apple App Store (for Apple devices).
6. User Information Accuracy and Updates
To access its Services, you must create a Money App Account. This process will include creation of a Login ID and password to access the Mobile App and Website.
You agree to provide accurate, current, and complete information—such as your name, mailing address, and email address—as may be prompted during user registration on the Mobile App, in connection with Services, or as otherwise requested by Money App (“User Information”). You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the Mobile App, Website, and Services.
In order to use certain Services, Money App may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Mobile App, Website, and/or Services.
Should any of your User Information change, you agree that you will promptly update this information. You can update your User Information through the Mobile App.
Should you believe or have reason to believe that any of your User Information, including your Login ID and/or password, has been compromised, or that another person is or may be accessing your user account, you agree to change your password and notify us as soon as possible at support@moneykit.com.
7. Money App's Personal Financial Management Services
Money App is a personal finance information management service that allows you to consolidate and track your financial information, including through the aggregation of your financial account information from financial institutions and other third-party data sources you select and with whom you have a contractual relationship.
The Services are provided to you by Money App to allow you to organize and manage your finances. Subject to your compliance with these Terms, Money App hereby grants you a limited, revocable, non-exclusive, non-transferable license to download the Mobile App and access and use the Website and Services, solely for your personal use and not for resale. The Services are personal to you. You may not use the Services for commercial purposes.
8. Third-Party and Money App Financial Account Information
By creating a Money App Account, you understand and agree that you are providing instructions in accordance with the Fair Credit Reporting Act and other applicable law for Money App to request and receive information about you from third parties, including but not limited to a copy of your consumer credit report and score from third-party consumer reporting agencies, at any time for so long as you have an active Money App Account.
To use the Services, you must direct Money App to retrieve your account transaction history, balance information, and/or other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions (“Third-Party Account Information”). Money App works with one or more third-party service providers, such as Plaid and Finicity, to access this Third-Party Account Information. We will use this information to provide you with the Services you request and for our own internal business purposes as outlined herein.
By using the Services, you authorize Money App to access the information maintained by identified third parties, on your behalf as your agent and representative, and you expressly authorize such third parties to disclose Third-Party Account Information to us. By consenting to this Agreement, you are also agreeing that you are responsible for securing any passwords and usernames you provide to us so we can retrieve this Third-Party Account Information, and for updating those passwords and usernames in the Mobile App to reflect any changes in such passwords and usernames. Money App does not review the Third-Party Account Information for accuracy, legality or non-infringement, and Money App is not responsible for the accuracy of your Third-Party Account Information or for products and services offered by or on third-party sites.
You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity or otherwise be comprehensive.
9. Online and Mobile Alerts
Money App may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as activity in your accounts or information related to your Third-Party Account Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated, or reactivated by you. You may choose via the Mobile App which kinds of alerts to receive. Money App may add new alerts from time to time or cease to provide certain alerts at any time in its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Money App cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Money App will not be liable for any delays in delivery of any alert, failure to deliver any alert, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts may be sent to you via the Mobile App or at the email address or mobile number related to your Money App Account. If your email address or your mobile number changes, you are responsible for informing us of that change in the Mobile App. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passwords in such alerts. However, alerts may include your Login ID and some information about your accounts. Depending upon which alerts you select, such information may include, without limitation, your account balances or payment due dates. Anyone with access to your email account or mobile device may be able to view the content of these alerts. You may disable alerts at any time.
10. Messaging and Telephone Calls
You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or Mobile App. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not that of a third party. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number.
By using the Services, you acknowledge and agree that Money App and our agents, representatives, affiliates, and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails, or other means. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
11. Limitations of Use
You agree to use the Mobile App, Website, and Services only for lawful purposes. You are prohibited from any use of the Mobile App, Website, and/or Services that would constitute a violation of any applicable law, regulation, rule, or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Mobile App, Website, or Services, including but not limited to unauthorized entry into Money App’s systems, misuse of passwords, or misuse of any information posted on the Mobile App, Website, or through the Services is strictly prohibited. Money App makes no claims concerning whether use of the Mobile App, Website, or Services is appropriate outside of the United States. If you access the Mobile App, Website, or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not (a) try to reverse engineer, disassemble, decompile, or decipher the Mobile App, Website, or the Services or software comprising the Mobile App, Website, and Services; (b) navigate or search the Mobile App, Website, or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders); (c) use a means other than Money App’s provided interface to access the Mobile App, Website, or the Services; (d) use the Mobile App, Website, or the Services in a way that could impair, overburden, damage, or disable any portion of the Mobile App, Website, or Services; or (e) mirror any material or content contained on the Mobile App, Website, or the Services.
Money App reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations. Money App also reserves the right to take action to protect itself, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to (i) updating information you have provided to us so that it is accurate; (ii) limiting or completely closing your access to the Mobile App, Website, or the Services; (iii) suspending or terminating your ability to use the Mobile App, Website, or Services on an ongoing basis; (iv) taking legal action against you; (v) holding you liable for the amount of Money App’s damages caused by any violation by you of this Agreement or applicable law or regulation.
12. Intellectual Property Rights
The Mobile App, Website, and the Services are owned and operated by the Money App. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, “Money App Materials”) are owned exclusively by Money App or its licensors or suppliers and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights and applicable laws. Nothing on the Website, Mobile App, or Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Money App Materials displayed on the Mobile App, Website, or the Services, without our prior written consent in each instance. You may not use, copy, display, distribute, modify, or reproduce any of Money App Materials found on the Mobile App, Website, or the Services unless in accordance with written authorization by us. Money App prohibits use of any of the Money App Materials as part of a link to or from the Mobile App, Website, or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Money App Materials, or whether any mark or logo is a Money App Material, should be referred to Money App. All rights related to the Money App Materials are hereby reserved.
You agree that the Money App Materials may not be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Money App. You acknowledge that the Money App Materials are and shall remain the property of Money App. You may not modify, participate in the sale or transfer of, or create derivative works based on any Money App Materials, in whole or in part.
13. Rights You Grant Money App
Money App may use and store Third-Party Account Information in accordance with this Agreement and our Privacy Policy. You represent that you are entitled to authorize Money App to use and store Third-Party Account Information for this purpose, without any obligation by Money App to pay any fees or be subject to any restrictions or limitations other than as set forth herein. By using the Services, you expressly authorize Money App to access your Third-Party Account Information, on your behalf as your agent and representative, and you expressly authorize such third parties to disclose your information to us. When you choose to link third-party financial accounts to your Money App Account, you will be connected to the website for the third party you have identified. Money App or a third-party agent acting on its behalf will submit information including usernames and passwords that you provide to log into the third-party sites.
You hereby authorize and permit Money App to use and store information submitted by you to accomplish the foregoing and to configure the Services so that the Services are compatible with the third-party sites for which you submit your information (“Third-Party Sites”). For purposes of this Agreement, you grant Money App a limited power of attorney, and appoint Money App as your attorney-in-fact and agent, to access Third-Party Sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do yourself. YOU ACKNOWLEDGE AND AGREE THAT WHEN Money App IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, Money App IS ACTING AS YOUR AGENT AND REPRESENTATIVE, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any Third-Party Sites accessible through the Services. Money App is not responsible for any payment processing errors, third-party fees, unauthorized transfers or other Services-related issues, including those issues that may arise from inaccurate account information.
14. Termination
Money App may terminate this Agreement at any time, without notice, or suspend or terminate your access and use of the Mobile App, Website, or the Services at any time, with or without cause, in Money App’s sole and absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Mobile App, Website, or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, General Provisions, and any other provision that by its terms survives termination of your use or access to the Mobile App, Website, or the Services. Money App further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Mobile App, Website, or Services at any time with or without notice.
15. Disclaimer of Warranties
THE MOBILE APP, WEBSITE, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Money App AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “Money App PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE MOBILE APP, WEBSITE, OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP, WEBSITE, OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE Money App PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE MOBILE APP, WEBSITE, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE Money App PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE MOBILE APP, WEBSITE, OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
16. No Legal, Tax or Financial Advice; Alerts
YOU ACKNOWLEDGE AND AGREE THAT Money App DOES NOT PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE MOBILE APP, WEBSITE, OR THE SERVICES. Money App IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. Money App ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. YOU ACKNOWLEDGE AND AGREE THAT ANY ALERTS RECEIVED IN CONNECTION WITH THE MOBILE APP, WEBSITE, OR SERVICES MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. Money App DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, Money App IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT OR OTHER INFORMATION YOU RECEIVE ON THE WEBSITE OR MOBILE APP. Money App IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS OR OTHER INFORMATION YOU RECEIVE THROUGH THE WEBSITE OR MOBILE APP. Money App IS NOT LIABLE FOR ANY THIRD-PARTY RELIANCE ON ALERTS OR OTHER INFORMATION YOU RECEIVE THROUGH THE WEBSITE OR MOBILE APP.
17. Limitation of Liability
THE Money App PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE MOBILE APP, WEBSITE, OR THE SERVICES, THE Money App MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE MOBILE APP, WEBSITE, OR THE SERVICES, EVEN IF Money App HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE Money App PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE MOBILE APP, WEBSITE, OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE MOBILE APP, WEBSITE, OR THE SERVICES. IN NO EVENT WILL Money App’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOBILE APP, WEBSITE, OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
18. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Money App from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (a) your access to, use of or alleged use of the Mobile App, Website, or the Services; (b) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate fully with our defense of such claim. You agree not to settle any matter without the prior written consent of Money App.
19. Dispute Resolution by Binding Arbitration
YOU MUST READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND Money App. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION AS PROVIDED IN SECTION 19(c) BELOW.
- Election to Arbitrate.
You and Money App agree that the sole and exclusive forum and remedy for resolution of any legal claim (“Claim”) arising out of this relationship or otherwise be a final and binding arbitration pursuant to this Section 19 (the “Arbitration Provision”), unless you opt out as provided in Section 19(c) below. As used in this Arbitration Provision, Claim shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 19(h) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable. - Applicability of the Federal Arbitration Act; Arbitrator’s Powers.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information. - Opt-Out of Arbitration Provision.
You may opt-out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to support@moneykit.com within 60 days of the date of your electronic acceptance of the terms of this Agreement. The opt-out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. - Informal Dispute Resolution.
If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to support@moneykit.com at any time. - Arbitration Procedures.
The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1-(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1-(800) 352-5267 or visit their website at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. With respect to all disputes arising in relation to this Agreement, but subject to the preceding Arbitration Provision, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Los Angeles, California. - Arbitration Fees.
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 rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them, and we agree to do so. 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. - Appeals.
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction. - No Class Actions.
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS 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 the named 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 a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 19(h), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 19(h) shall be determined exclusively by a court and not by the administrator or any arbitrator. - Survival and Severability of Arbitration Provision.
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 19(h) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 19(h) are finally adjudicated pursuant to the last sentence of Section 19(h) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. - Judicial Forum for Claims.
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Money App agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and Money App consent to venue and personal jurisdiction there and agree to waive any of respective rights to a jury trial. - Waiver of Right to Litigate.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. 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.
20. Governing Law and Venue
Except for Section 19 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of California, without regard to conflict-of-law rules.
21. Severability
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement’s remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
22. Waiver
You agree that if Money App does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Money App has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
23. General Provisions
This Agreement is the entire understanding and agreement between you and Money App. This Agreement supersedes any previous Terms of Use agreement or other agreement to which you and Money App may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
24. Contacting Us
If you have questions regarding the Agreement or the practices of Money App, please contact us by e-mail at support@moneykit.com or by postal mail at:
MoneyKit, Inc.
10 Jay Street
Brooklyn, NY 11201