This End-User License Agreement (“Agreement”) governs (“user”, “you” or “your”) use of the Money Carta mobile application (the “Money Carta App”), provided by Project Black Financial Technologies, LLC, a Delaware limited liability company (“Project Black”, “we”, “our” or “us”) and made available through the Apple App Store. By installing the Money Carta App on your mobile device and/or using the information, content, tools, software, features and functionality including any updates and new releases (collectively, the “Services”) provided through such Money Carta App, you expressly agree to the following terms and conditions contained in this Agreement. In addition, when using particular Services made available through the Money Carta App, you shall be subject to any posted policies and guidelines applicable to such Services available through the Money Carta App, including any terms or conditions applicable to Services that may be provided in conjunction with any of our business partners. All such rules and guidelines are hereby incorporated by this reference into this Agreement.
THIS AGREEMENT COMPRISES A LEGAL AGREEMENT BETWEEN YOU AND PROJECT BLACK (COLLECTIVELY, THE “PARTIES”). PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING ANY PART OF THE MONEY CARTA APP OR SERVICES, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT UNDERSTAND OR AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, PLEASE DO NOT INSTALL OR USE THE MONEY CARTA APP OR SERVICES OR COMPLETE THE REGISTRATION PROCESS.
The Money Carta App is a comprehensive personal financial planning application for your mobile device. Through the Money Carta App you may organize all your financial information and connect all of your financial accounts to help not only with budgeting and savings, but also with planning for retirement, managing debt, evaluating insurance coverage and much more. The Money Carta App aggregates all of your financial information to generate a single, easy-to-understand score that measures your financial aptitude and responsibility (the “Money Carta Score”). The Money Carta App also creates a prioritized “to do” list that lays out steps you can take to improve your Financial Fitness Score.
By installing or using the Money Carta App, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all its terms and conditions. Specifically, you represent and warrant that you are eighteen (18) years of age or older.
2. THIRD-PARTY ACCOUNTS
Through the Money Carta App and Services, you may direct Project Black to retrieve your information maintained online by third-party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Project Black works with one or more online service providers under contract to access this Account Information. Project Black makes no effort to review the Account Information for any purpose, including, but not limited to, accuracy or legality. Project Black is not responsible for the products and services offered by or on third-party sites or mobile applications. When you provide any Account Information to Project Black through the Money Carta App, you hereby grant your express consent to Project Black to access, use and store any Account Information needed to provide the Money Carta App and Services.
Project Black cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Project Black does not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user Account Information, other information, data, communications or personalization settings.
4. LICENSES WE GRANT YOU
Project Black hereby grants you a limited, nonexclusive, personal, nontransferable and nonsublicensable license to install and use the Money Carta App subject to the terms and conditions of this Agreement. Use of the Money Carta App that constitutes unlawful use, abuse or violation of the terms under this Agreement shall be determined by Project Black, in its sole discretion. Project Black reserves the right to refuse your registration and use of the Money Carta App and Services, cancel your account, and/or to limit or terminate your access to or use of the Money Carta App and Services at any time without notice.
5. LICENSE YOU GRANT US
By submitting or providing Account Information, data, passwords, usernames, PINs, log-in information, materials and other content to Project Black through the Money Carta App, you hereby grant a license to Project Black to use such materials for the purpose of providing the Money Carta App or the Services. Project Black may use, transmit and store the foregoing materials, but only to provide the Money Carta App or the Services to you. By submitting the foregoing materials to Project Black, you represent and warrant that you are fully and lawfully entitled to submit these materials to Project Black for its use for the foregoing purposes, without any obligation or liability on the part of Project Black.
By using the Money Carta App and Services, you hereby expressly authorize Project Black to access, use and store any Account Information (provided by you to us and maintained by certain third party financial institutions on your behalf) as your authorized representative. When you use the “Add Accounts” feature of the Money Carta App and the Services, you will be directly connected to the websites for your third party financial institutions you have identified. Project Black will submit information to these third party websites including usernames and passwords that you provide us to log you into the subject sites. You hereby authorize and permit Project Black to use, transmit and store Account Information submitted by you to the Money Carta App (such as account passwords and user names for example) to accomplish the foregoing and to configure the Services so that they are compatible with the third party websites for which you submit your Account Information. For purposes of this Agreement and solely to provide the Services, you grant Project Black a limited power of attorney, and appoint Project Black as your attorney-in-fact and agent, to access third party websites or mobile applications, retrieve and use your Account Information with the full power and authority to do and perform each thing necessary in connection with such Services, as you could do on your own behalf. YOU ACKNOWLEDGE AND AGREE THAT WHEN PROJECT BLACK IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY WEBSITES OR MOBILE APPLICATIONS, PROJECT BLACK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY FINANCIAL WEBSITE OR MOBILE APPLICATION PROVIDER. You understand and agree that the Money Carta App or the Services are not sponsored or endorsed by any third party websites or mobile applications accessible through the Money Carta App.
6. ACCOUNTS AND SECURITY
Users of the Money Carta App must register for an account before using the Money Carta App and the Services by providing certain registration details and other information. By registering for an account, you represent and warrant that all of the information, Account Information, data and other materials you provide are true, accurate, current and complete. You are solely responsible for updating and correcting the information you have provided to Project Black.
You agree that any username, password or any other piece of information provided by us to you shall be treated as confidential, and you must not disclose it to any third party. You agree to immediately notify Project Black of any unauthorized use of your username or password or any other breach of security related to your account, the Money Carta App or the Services. You are solely responsible for any and all activities that occur under your account. Project Black will assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account, have been made by you unless we receive notice indicating otherwise. You agree that you are solely responsible for securing your mobile device and that Project Black has no liability for any such failure in properly securing your mobile device.
By installing or using the Money Carta App, you agree to receive e-mails from us regarding our Services and related third-party financial service providers. Registered users may choose not to receive e-mail communications from us by clicking on the “Unsubscribe” link in the e-mails themselves.
8. NOT A FINANCIAL ADVISOR
Project Black, the money carta app and THE SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. Project Black IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Money Carta App and the Services (including the Money Carta Score) are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Money Carta App and the Services may not be appropriate for your situation. Accordingly, before making any financial decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial, tax or legal advisers who are fully aware of your individual circumstances.
9. PROHIBITED USES
You shall use the Money Carta App only for lawful purposes and in strict accordance with this Agreement. You agree not to use the Money Carta App:
- In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To impersonate or attempt to impersonate Project Black or our employees or representatives, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Money Carta App or Services, or which, as determined by us, may harm Project Black or users of the Money Carta App or Services or expose them to liability.
Additionally, you agree not to:
- Use the Money Carta App or Services in any manner that could disable, overburden, damage, or impair the Money Carta App or Services or interfere with any other party’s use of the Money Carta App or Services.
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Money Carta App or Services.
- Utilize framing techniques to enclose any trademark, logo, or other materials belonging to Project Black without our written consent.
- Use any device, software or routine that interferes with the proper working of the Money Carta App or Services
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Otherwise attempt to interfere with the proper working of the Money Carta App or Services.
Project Black reserves the right to terminate this Agreement and your use of the Money Carta App and Services for any or no reason, and with or without notice, including without limitation, any violation of the terms and conditions of this Agreement. You agree that Project Black shall not be liable to you or any third party for any such termination. Upon termination of this Agreement, you agree to immediately cease use of and uninstall the Money Carta App. We also reserve the right to take appropriate legal action. These remedies are in addition to any other remedies Project Black may have at law or in equity.
You may also terminate this Agreement and your rights to use the Money Carta App and Services at any time by deactivating your account and uninstalling the Money Carta App. Unless otherwise provided by applicable law, the termination of your account is your only remedy with respect to any dispute that you may have hereunder.
11. Links TO THIRD PARTY WEBSITES AND MOBILE APPLICATIONS
The Money Carta App and Services may contain links to other websites and mobile applications provided by third parties and may link you automatically to third-party websites, mobile applications or services. These links are provided for your convenience only. Project Black has no control over the contents of those websites, mobile applications or services, and accepts no responsibility for them or for any loss or damage that may arise from your use of these websites, applications or services. If you decide to access any of the third party websites, mobile applications or services linked to or through the Money Carta App and the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, mobile applications or services.
12. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Money Carta App or Services 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 the Money Carta App for any reconstruction of any lost data.
PROJECT BLACK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER PROGRAMS, DATA OR OTHER MATERIAL DUE TO YOUR USE OF THE MONEY CARTA APP OR SERVICES OR ITEMS OBTAINED THROUGH THE MONEY CARTA APP OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE MONEY CARTA APP. THE MONEY CARTA APP, ITS CONTENT AND SERVICES OR ITEMS OBTAINED THROUGH THE MONEY CARTA APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
13. Limitation on Liability
IN NO EVENT WILL PROJECT BLACK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS 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 MONEY CARTA APP OR SERVICES, ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE MONEY CARTA APP, ANY CONTENT ON THE MONEY CARTA APP OR SUCH OTHER WEBSITES OR MOBILE APPLICATIONS OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE MONEY CARTA APP OR SUCH OTHER WEBSITES OR MOBILE APPLICATIONS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF PROJECT BLACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF PROJECT BLACK TO YOU OR ANY USER OR ANY THIRD PARTY FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND WHATSOEVER, INCLUDING DUE TO PROJECT BLACK’S NEGLIGENCE OR MISCONDUCT, SHALL BE LIMITED TO $1,000.00 (ONE THOUSAND UNITED STATES DOLLARS).
You agree to defend, indemnify and hold harmless Project Black, its affiliates and licensors and their respective officers, directors, members, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of this Agreement or your use of the Money Carta App or Services.
15. Governing Law
This Agreement and any dispute or claim arising out of, or related to, it, its subject matter or its formation shall be governed by and construed in accordance with the internal laws of the State of Colorado without regard to its conflict of law principles.
16. DISPUTE RESOLUTION
With the exception of any equitable or injunctive relief, any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be submitted to and resolved by legally binding arbitration with a single arbitrator. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”). Within seven (7) days of the service of the notice of arbitration, the Parties shall mutually agree upon a single AAA arbitrator. If at the conclusion of those seven (7) days, the Parties have not agreed upon a single AAA arbitrator, the Parties shall petition AAA to provide a list of five (5) qualified arbitrators with experience presiding over claims substantially similar to those pled in the notice of arbitration. Within five (5) days of receiving the list of qualified arbitrators, each Party shall submit to AAA a numerical ranking of their preference as between these five (5) arbitrators. The highest mutually ranked arbitrator shall preside over the Parties' dispute. The arbitration shall take place in Denver, Colorado. A hearing shall be held within ninety (90) days of the filing of the notice of arbitration. Such hearing shall last no more than three (3) days. The prevailing party, as determined by the arbitrator, shall be awarded all reasonable costs and fees of the arbitration including, without limitation, the arbitrator's fees and reasonable attorneys' fees, at the sole discretion of the arbitrator. Except as may be required by law, neither party nor an arbitrator shall disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the parties.
17. Waiver and Severability
No waiver of any term or condition in this Agreement by Project Black shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Project Black to assert a right under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.
18. Entire Agreement
19. AdDITIONAL MANDATORY APPLE TERMS
In order for the Money Carta App to be offered on the Apple App Store, Apple Inc. (“Apple”) requires you and Project Black to agree to the following additional mandatory terms:
a. Acknowledgement: You acknowledge that this Agreement is concluded between you and Project Black only, and not with Apple, and Project Black, not Apple, is solely responsible for the Money Carta App and the content thereof.
b. Use Restrictions: You acknowledge that you may only use the Money Carta App on an Apple Device that you own or control and as permitted by the “Usage Rules” set forth in the App Store Terms of Service, which can be found here http://www.apple.com/legal/internet-services/itunes/us/terms.html.
c. Maintenance and Support: Project Black is solely responsible for providing any maintenance and support services explicitly provided for by this Agreement with respect to the Money Carta App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Money Carta App.
d. Warranty: You acknowledge that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Money Carta App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Project Black’s sole responsibility.
e. Product Claims: You acknowledge that Project Black, not Apple, is responsible for addressing any claims you or any third party relating to the Money Carta App or the your possession and/or use of that Money Carta App, including, but not limited to: (i) product liability claims; (ii) any claim that the Money Carta App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Money Carta App or the your possession and use of the Money Carta App infringes that third party’s intellectual property rights, Project Black, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
g. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
20. Your Comments and Concerns
The Money Carta App and Services is operated by Project Black Financial Technologies, LLC. If you have any questions or comments about the Money Carta App or the Services, please contact us:
Project Black Financial Technologies, LLC
5633 Xenon Way
Arvada, CO 80002