Terms of Service

1. Introduction

Welcome to BudgetAI. These Terms of Service ("Terms") govern your access to and use of the BudgetAI website, mobile applications, and other online products and services (collectively, the "Services") provided by BudgetAI Inc. ("BudgetAI," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.

Please read these Terms carefully, as they include important information about your legal rights. By accessing or using the Services, you are agreeing to these Terms, which form a legally binding contract between you and BudgetAI.

2. Eligibility

You must be at least 18 years of age to access or use our Services. By accessing or using the Services, you represent and warrant that you are 18 years of age or older. If you are under 18 years of age, you may not, under any circumstances or for any reason, access or use the Services.

You represent and warrant that you have not previously been suspended or removed from the Services, and that your registration and your use of the Services is in compliance with all applicable laws and regulations.

3. Account Registration and Security

To access certain features of the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify BudgetAI immediately of any unauthorized use of your account or any other breach of security. BudgetAI will not be liable for any loss or damage arising from your failure to comply with this section.

You may not share your account credentials with any third party. You are solely responsible for any activity that occurs through your account, and you agree to be responsible for all activities that occur under your account.

4. Description of Services

BudgetAI provides AI-powered financial management tools and services designed to help users track expenses, create budgets, set financial goals, and receive personalized financial insights. The specific features and functionality available to you will depend on the type of account you register for and maintain.

BudgetAI reserves the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. You agree that BudgetAI will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

5. Subscription Plans and Payment

5.1 Subscription Plans

BudgetAI offers various subscription plans, including a free plan with limited features and paid plans with additional features and capabilities. By selecting a paid subscription plan, you agree to pay the subscription fees indicated for that plan. All payments are non-refundable except as expressly set forth in these Terms or as required by applicable law.

5.2 Free Trial

We may offer a free trial period for certain subscription plans. At the end of the free trial period, unless you cancel your subscription, you will be automatically charged the applicable subscription fees for the plan you selected.

5.3 Payment and Billing

You agree to provide accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize BudgetAI to charge all subscription fees incurred through your account to any such payment instruments.

For subscription plans, we will automatically bill you in accordance with the billing cycle of your selected plan (e.g., monthly or annually). All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

5.4 Subscription Changes and Cancellation

You may change or cancel your subscription at any time through your account settings or by contacting our customer support. If you cancel your subscription, you will continue to have access to the paid features until the end of your current billing period, but you will not receive a refund for any fees already paid.

We reserve the right to change our subscription plans or adjust pricing for our Services at any time. Any price changes will be communicated to you in advance and will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Services after the price change takes effect, you accept the new price.

6. User Content and License

Our Services allow you to input, upload, submit, store, send, or receive content, including but not limited to text, photos, financial data, and other materials (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content you submit to the Services.

By submitting User Content to the Services, you grant BudgetAI a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit that User Content in connection with operating and providing the Services. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

You represent and warrant that: (i) you own the User Content or have the right to grant the rights and licenses described in these Terms; (ii) the User Content does not violate these Terms, applicable law, or the rights of any third party; and (iii) the User Content is accurate and not misleading.

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping";
• Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services;
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
• Uploading invalid data, viruses, worms, or other software agents through the Services;
• Collecting or harvesting any personally identifiable information, including account names, from the Services;
• Using the Services for any commercial solicitation purposes;
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity;
• Using the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services;
• Attempting to gain unauthorized access to the Services, or any part of the Services, other user accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means;
• Using the Services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Using the Services in any way that violates any applicable federal, state, local, or international law or regulation.

8. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BudgetAI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Services.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by BudgetAI.

9. Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by BudgetAI. BudgetAI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that BudgetAI 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.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

10. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Services, or you may delete your account through the account settings.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimer of Warranties

THE SERVICES ARE 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

BUDGETAI, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

BUDGETAI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BUDGETAI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

BUDGETAI IS NOT A FINANCIAL ADVISOR, BROKER, OR TAX ADVISOR. THE SERVICES ARE INTENDED ONLY TO ASSIST YOU IN YOUR FINANCIAL ORGANIZATION AND DECISION-MAKING AND ARE BROAD IN SCOPE. YOUR PERSONAL FINANCIAL SITUATION IS UNIQUE, AND ANY INFORMATION AND ADVICE OBTAINED THROUGH THE SERVICES MAY NOT BE APPROPRIATE FOR YOUR SITUATION. ACCORDINGLY, BEFORE MAKING ANY FINAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, YOU SHOULD CONSIDER OBTAINING ADDITIONAL INFORMATION AND ADVICE FROM YOUR ACCOUNTANT OR OTHER FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUDGETAI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUDGETAI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL BUDGETAI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BUDGETAI HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BUDGETAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless BudgetAI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

14. Governing Law and Jurisdiction

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Arbitration Agreement and Class Action Waiver

15.1 Arbitration Agreement

You and BudgetAI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The arbitration will be conducted by JAMS under its applicable rules and procedures in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration, and arbitrator fees will be governed by JAMS's rules.

15.2 Class Action Waiver

YOU AND BUDGETAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

15.3 30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: BudgetAI Inc., 123 Financial Street, San Francisco, CA 94105, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your BudgetAI username (if any), the email address you used to set up your BudgetAI account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

17. Entire Agreement

These Terms constitute the entire agreement between you and BudgetAI regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.

19. Contact Information

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

20. Acknowledgement

BY USING THE SERVICES OR OTHER BUDGETAI SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES.

We encourage you to print a copy of these Terms for your records.