Last updated July 28, 2023

We are providing you with this privacy notice (“Privacy Policy”). Your privacy is extremely important to us. Because we value your privacy, we want to explain how we collect, use, and disclose your Personal Information so that you can make informed choices about using our Services.

1. Scope of this Privacy Policy

Our Privacy Policy applies to your Personal Information that you provide to us or that we collect through our website, https://www.moneykit.com/, and through other online services, applications, and related services that link to this Privacy Policy while using our Services. By accessing or using our Services, you agree to the collection, use, disclosure, and processing of your Personal Information as we have described in our Privacy Policy.

In this Privacy Policy, “Personal Information” means information that can be associated with a specific person and can be used to identify that person. Personal Information does not include information that has been aggregated and/or anonymized so that it does not identify a specific person.

End Users often access our Services through third parties and their applications and services. End Users authorize those third parties to access their information for the third party to provide a product or service to the authorizing End User (“Authorized Third Parties”). Our Privacy Policy only covers the information MoneyKit collects, uses, and discloses to provide our Services. Our Privacy Policy does not explain what the Authorized Third Party does with any Personal Information we provide them or any information they collect about you independently from us. Our Privacy Policy also does not cover any websites, products, or services others provide. We encourage you to review the Authorized Third Party’s or any other party’s privacy policy, terms of use, or other published information to learn how they use, collect, and disclose your information.

Finally, certain states provide their consumers with additional privacy rights, and individuals in the European Economic Area (“EEA”) or the United Kingdom (“UK”) also have additional privacy rights. Please see our U.S. State Privacy Rights and Disclosures section and our GDPR Privacy Rights section for further information, including how to exercise those rights.

Finally, any terms not defined in this Privacy Policy have the meanings given to them in our Terms of Use.

2. Changes to our Privacy Policy

We may revise this Privacy Policy at our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.

We may collect Personal Information from you directly, from third parties, or automatically when you use our Services. We describe each source below.

Information we collect directly from you

If you link your bank account, non-bank financial institution account, or similar entity account (entities are “Financial Institutions” and accounts are “Connected Accounts,” respectively) with an Authorized Third Party or through MoneyKit, we may collect the Personal Information you provide, including:

• Identifiers and Sensitive Personal Information, including your Connected Account username, credentials, security questions and responses, personal identification numbers, one-time passwords or other multi-factor authentication elements, social security number, date of birth, and any other information the Financial Institution requires to authenticate you to connect your Connected Account using our Services.

We may also collect other Identifiers directly from you to provide the Services, in responding to inquiries you make with us, or as you otherwise provide to us through the Services, including, for example, your name, address, telephone number, and email address. We may also collect any communications you have with us and any information you provide through interactive features of our Services or when you contact us for support.

Information we collect from your Connected Accounts

When you use our Services to connect your Connected Account(s) with an Authorized Third Party, we will collect your Connected Account(s) details for you. We may collect the information directly from the Financial Institution, or we may collect the information through an intermediary, typically called a “data provider” (“Intermediary”) who first collects it from your Financial Institution before providing it to us. Our Privacy Policy does not cover how these Intermediaries collect and share your information. We encourage you to review the Intermediary’s privacy policy to learn how they use, collect, and disclose your information:

• Akoya
• Finicity
• MX
• Plaid
• Sophtron
• Yodlee

We may receive different types of Personal Information from the Financial Institution(s) that manage your Connected Account(s). The type and amount of Personal Information we receive depends on various factors, including what services the Authorized Third Party provides (e.g., financial management) and what information the Financial Institution makes available about your Connected Account. If you provide us with login credentials for a Financial Institution that accesses multiple Connected Accounts with that institution, we may gather Personal Information from all Connected Accounts that can be accessed with those credentials, depending on the services the Authorized Third Party provides and the information the Financial Institution makes available. For example, suppose you have a savings account and a credit card account with the same Financial Institution and use the same login details. In that case, we will collect Personal Information from both accounts. More specifically, we may collect these types of Personal Information from your Connected Accounts, either directly or through an intermediary:

• Records and Financial Information and Commercial Information, including:

  • Account information, including Financial Institution name, account name, account type, account ownership, branch number, account number, routing number, and payroll provider name;

  • Account balance information, including current and available Connected Account balance;

  • Credit account information, including balance owed, due date, payment amounts and dates, transaction history, credit limit, repayment status, and interest rate;

  • Loan account information, including due dates, repayment status, balances, payment amounts and dates, interest rate, guarantor, loan type, payment plan, and terms;

  • Investment account information, including transaction information, type of asset, identifying details about the asset, quantity, price, fees, and cost basis;

  • Transaction information, including merchant, amount, date, payee, type, quantity, price, location, and a memo or description of the transaction;

• Identifiers, including name, email address, phone number, date of birth, and address information; and

• Professional or Employment-Related Information, including employer details, employment description, W2 and tax-related information, income amount and dates paid, and amounts withheld for taxes, benefits, and insurance.

Information we automatically collect from your devices

We may automatically and passively collect Personal Information, such as Internet or other Electronic Network Activity Information, Geolocation Data, or both, when you use the Services, such as by our web servers and by third-party analytics tools we use. We use cookies, Clear GIFs, log files, pixel tags, local storage objects, and other tracking technologies (“Technologies”) to automatically collect information, including Personal Information when you access or use our Services, such as an IP address, general location information, domain name, page views, a date/time stamp, browser type, device type, device ID, Internet service provider, referring/exit URLs, operating system, language, clickstream data, and other information about the links clicked, features used, and similar device and usage information. For more information, see the [Cookies and Other Technologies[(#cookies) section below.

Information received about you from third parties

We may collect information about you from third parties and other sources, including:

• Authorized Third Parties or if you connect your Connected Accounts with our Financial Institution partners: This information may include your name, social security number, date of birth, contact information including your email address, phone number, or both. If you initiate a transaction with an Authorized Third Party or one of our Financial Institution partners, we may receive information about the transaction, including its status.

• Intermediaries: As described above, Intermediaries act between your Financial Institution and us. If we receive information from an Intermediary on your behalf, it will be the information the Intermediary has collected from your Financial Institution. See “Information we collect from your Connected Accounts” above for the types of information we may receive from Intermediaries.

• Security, fraud, and similar service providers: We may use one or more service providers to help us verify your identity, validating the information you provide, for fraud prevention services, or other security reasons.

MoneyKit may access and use your Personal Information as described below.

• Provide our Services: To provide our Services, for internal purposes such as auditing our Services, or for data analysis. We also use your Personal Information to improve, modify, or develop our Services.

• Personalizing content and support: To provide tailored content to send or display to you and provide personalized help and instructions.

• Fraud prevention, security, and privacy protection: To verify your identity and to protect you, Authorized Third Parties, Financial Institutions, MoneyKit, and others from fraud, security concerns, and other privacy-related concerns.

• Investigate misconduct: To investigate and address any potential misconduct or misuse of our Services. This includes preventing or stopping, or attempting to prevent or stop, illegal activities, protecting the safety and legal rights of ourselves or others, and enforcing our Terms of Use and other agreements.

• Communicate with you and respond to requests: To communicate with you to respond to your inquiries, comments, or requests related to our Services or to help you troubleshoot any issues you may be experiencing. We may also use your Personal Information to send you important notices, such as about technology updates or changes to our policies. Because some of these communications are necessary, such as notices of changes to our terms or policies, you cannot opt out of receiving them.

• Direct marketing, targeted advertising, and Service updates: For direct marketing purposes, including sending you information we think may interest you.

• Analytics and improvement: To understand how users access and use our Services and for other research and analytical purposes.

• Legal purposes and compliance with the law: To respond to actual or potential legal claims against MoneyKit and to comply with contractual and legal obligations under applicable law and for other legal purposes such as to enforce our Terms of Use.

• Consented Purposes: For other purposes with your consent.

5. Disclosure of Your Personal Information

MoneyKit may share your Personal Information as follows:

• Authorized Third Parties: To provide you with our Services and as directed by the Authorized Third Party.

• Financial Institutions: To establish, maintain, or manage a connection you’ve made between your Financial Institution and the Authorized Third Party.

• Comply with applicable law: Where we reasonably believe it is necessary to comply with applicable law, regulation, or legal process, or to enforce our Terms of Use or to protect our users.

• Service providers: To provide services on your behalf, including marketing, security, and processing or storing data. MoneyKit service providers are required to handle Personal Information consistent with this privacy policy and per our instructions.

• Fraud prevention and identity verification providers: To help us prevent fraud, verify your identity, or both.

• Business transfers: As part of any actual or potential merger, sale and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event, including related to due diligence conducted before such event where permitted by applicable law.

• Consented Purposes: For any purpose for which we notify you and receive your consent.

• Corporate sharing: Between and among MoneyKit and our current and future parents, affiliates, subsidiaries, and other companies under common control or ownership.

MoneyKit may collect, use, share, or publicly disclose your Personal Information that has been aggregated, anonymized, and/or de-identified such that it does not identify you for any purpose allowed by applicable law, including for research and to create new products.

We never sell your Personal Information that we collect. Please see Section 12 State Privacy Rights and Disclosures, including California Notice of Collection for the categories of Personal Information that we disclose to third parties.

We and our service providers use Technologies to provide content, advertising, and other functionality for our Services. We typically use these Technologies:

• Cookies: Cookies are small pieces of data that a website asks your browser to store on your computer or mobile device. Cookies allow us to make it easier to use our sites. Unless you adjust your browser setting to refuse cookies, our system will issue cookies when you visit our site. We use two types of cookies: (1) session cookies, which remain in your browser while it is open, and (2) persistent cookies, which remain in your browser for the period specified by the cookie unless you delete it. Cookies may be provided by a first party, meaning us, or a third party, such as other companies.

• Clear GIFs, pixel tags, and other Technologies: Clear GIFs are tiny graphics with a unique identifier, similar to cookies. Clear GIFs, however, are embedded invisibly on web pages. We may use clear GIFs (also called web beacons, web bugs, or pixel tags) with our services to track user activities, help us manage content, and compile statistics about the usage of our services. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, to identify when our emails are viewed, and to track whether our emails are forwarded.

• Third-party analytics: We use automated devices and applications, such as Google Analytics (more info here) to evaluate how our Services are used. We use these tools to gather non-personal data about users to help us improve our services and user experiences. These analytics providers may use cookies and other Technologies to perform their services and combine the information they collect about you from us with other information they have collected. Our Privacy Policy does not cover how these third parties use your data.

You may be able to restrict whether the Technologies used can collect your Personal Information or track you, as discussed below.

• Cookies and Personalized Advertising: Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. But if you adjust your preferences, the Services may not work correctly. Please note that cookie-based opt-outs are not effective on mobile applications. That said, you may opt out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data and other advertising partners participating in self-regulatory programs. You can access these and learn more about targeted advertising, consumer choice, and privacy by visiting the Network Advertising Initiative and the Digital Advertising Alliance.

Please note you must separately opt out in each browser and on each device.

• Do-not-track signals: We do not respond to do-not-track signals. You may disable certain tracking as discussed above, such as by disabling cookies.

7. Our Lawful Basis for Processing (EEA and UK End Users)

For individuals in the EEA or the UK, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.

We will normally collect Personal Information from you only:

• where we need the Personal Information to carry out our obligations under any contract or agreement with you, including our Terms of Use;

• where the processing is in our legitimate interests and not overridden by your rights; or

• where we have your consent to do so.

We have a legitimate interest in operating and providing our Services and communicating with you as necessary to operate and provide our Services, such as when connecting your Connected Accounts with Authorized Third Parties, improving our Services, or detecting or preventing illegal activities.

In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory (as well as of the possible consequences if you do not provide your Personal Information).

8. International Data Transfers

We will store and process your Personal Information in the United States and in the United Kingdom. If you use or access our Services from outside the United States, you acknowledge we will transfer your Personal Information to and store your Personal Information in the United States, which may have different data protection rules than in your country, and Personal Information may become accessible as permitted by law in the United States, including to law enforcement or national security authorities in the United States.

9. How We Protect Your Information

MoneyKit employs security measures to prevent unauthorized access to information that we collect online. That said, because no system is 100% secure, we cannot guarantee the security of your Personal Information. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of personal information.

By using our Services, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security breach involving your Personal Information, we may attempt to notify you electronically by emailing you, by posting a notice electronically on our website, or we may mail you. If you have any questions about the security of your Personal Information, please email us at support@moneykit.com.

10. Children’s Privacy

Our Services are not intended for individuals under 18. We do not knowingly collect Personal Information from individuals under 18. If you use our Services, you represent that you are at least the age of majority under the laws of the jurisdiction of your place of residence. If you believe we have any information from or about an individual under 18, please get in touch with us at support@moneykit.com.

11. Data Retention

At MoneyKit, we take data retention seriously and strive to retain your Personal Information only for as long as it is necessary to fulfill the purposes for which it was collected or as required by applicable law. We periodically review your Personal Information to ensure that it is still needed, and we take appropriate measures to delete or anonymize it when it is no longer necessary for these purposes. Any Personal Information we retain will always be maintained under the same security and privacy controls as are in place for active users. If an Authorized Third Party removes your MoneyKit connection from their app, we automatically delete your Personal Information, subject to the exceptions below.

These exceptions include: (a) if you have an active connection with another Authorized Third Party through us; (b) if we need to continue providing you with our Services; (c) if we are required by law to keep your Personal Information; (d) if we need to help prevent fraud or protect privacy, provide support, investigate misuse and misconduct, resolve disputes, or enforce our agreements; or (e) if you have agreed to allow us to retain your Personal Information longer.

This section applies to (1) California consumers from whom we collect Personal Information as a business under the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) (“CCPA”), (2) Virginia consumers from whom we collect Personal Information as a controller under the Virginia Consumer Data Protection Act (“VCDPA”), (3) Colorado consumers, starting July 1, 2023, from whom we collect Personal Information as a controller under the Colorado Privacy Act (“CPA”), and (4) Connecticut consumers, starting July 1, 2023, from whom we collect Personal Information as a controller under the Connecticut Data Privacy Act (“CTDPA”).

Privacy Disclosures for California Residents

While we explain what Personal Information we collect above, why, and with whom we share it, the CCPA requires that we provide you with certain information both when we collect such information and within this Privacy Policy. This section serves as our Notice of Collection and includes additional information required by CCPA to be within our Privacy Policy, including rights available to California consumers.

Categories of Personal Information about you that we collect, process, or disclose

This chart provides (1) the categories of Personal Information and Sensitive Personal Information (both as defined by the CCPA) that as part of our Notice at Collection, we may collect from you and as part of our Privacy Policy, that we have collected and disclosed for a business purpose in the previous 12 months; (2) as part of our Notice of Collection as well as part of our Privacy Policy, the express purposes that we collect and process each category of Personal Information; and (3) as part of our Privacy Policy, the categories of third parties that we disclose to for a business purpose.

For more information on how we collect and use your Personal Information, see “How We Use Your Personal Information” above. For information on the categories of sources from which we collect Personal Information, see “Personal Information We Collect About You and How We Collect It” above.

Data retention

At MoneyKit, we take data retention seriously and strive to only retain your Personal Information for as long as it is necessary to fulfill the purposes for which it was collected or as required by law. We periodically review your Personal Information to ensure that it is still needed, and we take appropriate measures to delete or anonymize it when it is no longer necessary for these purposes. Any Personal Information we retain will always be maintained under the same security and privacy controls as are in place for active users.Thi If an Authorized Third Party removes your MoneyKit connection from their app, we automatically delete youPersonal Information, subject to the below exceptions.

These exceptions include: (a) if you have an active connection with another Authorized Third Party through us; (b) if we need to continue providing you with our Services; (c) if we are required by law to keep your Personal Information; (d) if we need to help prevent fraud or protect privacy, provide support, investigate misuse and misconduct, resolve disputes, or enforce our agreements; or (e) if you have specifically agreed to allow us to retain your Personal Information longer.

MoneyKit does not “sell” or “share,” “Personal Information” as defined under the CCPA

The CCPA defines “sell” and “share.”

• We do not have actual knowledge that we sell Personal Information of consumers under 16 years of age or that we “share” Personal Information of consumers under 16 years of age for “cross-context behavioral advertising” (“CCBA”).

• We do not sell your Personal Information or “share” Personal Information with third parties for CCBA.

We only use and disclose “sensitive personal information” as defined in the CCPA that we collect from consumers for the purposes specified in 11 C.C.R. § 7027(m).

Your California, Colorado, Connecticut, and Virginia Privacy Rights

California, Colorado, Connecticut, and Virginia consumers have the rights below regarding their Personal Information under their state laws:

• Right to Delete: You may submit a request that we delete Personal Information about you that we have collected from you, subject to certain exceptions.

• Right to Correct: You may submit a request that we correct inaccurate Personal Information that we maintain about you, subject to certain limitations. Note that we may choose to delete the contested Personal Information rather than correcting it, as permitted by law.

• Right to Non-Discrimination: You have the right not to be discriminated against for exercising your privacy rights.

California consumers have the following additional rights regarding their Personal Information:

• Right to know: You may submit a request for information regarding (1) the categories of Personal Information we collected about you; (2) the categories of sources from which the Personal Information is collected; (3) the business or commercial purpose for collecting, selling (we do not “sell” Personal Information), or sharing (we do not “share” Personal Information) the Personal Information; (4) the categories of third parties with whom we disclose Personal Information; and (5) the specific pieces of your Personal Information we have collected.

Colorado, Connecticut, and Virginia consumers have the following additional rights regarding their Personal Information:

• Right to Know and Access. You may submit a request to confirm whether we process your Personal Information and access such Personal Information.

• Right to Obtain a Portable Copy. You have the right to obtain a copy of your Personal Information in a portable, and where technically feasible, readily usable format.

• Right to Appeal. If your request is denied, you have the right to appeal the decision as described below in the “Submit Requests” subsection.

• Other Options and Rights. Colorado, Connecticut, and Virginia consumers have the right to opt out of “targeted advertising,” the sale of Personal Information, and the processing of Personal Information for purposes of “profiling” in furtherance of decisions that produce legal or similarly significant effects concerning you, as those terms are defined under the respective state law. We do not engage in “targeted advertising,” sell Personal Information, or process Personal Information for “profiling” in furtherance of decisions that produce legal or similarly significant effects.

We do not knowingly process “sensitive data,” including “sensitive data” of a child, as those terms are defined under the respective state, concerning that state’s residents, unless required by law.

Submit Requests

To submit a request, you may contact us by email to support@moneykit.com. When you submit a request to know, a request to delete, or a request to correct, we will verify your request by matching the information provided by you with the information we have in our records. You must provide your name and contact information to verify your request. In some cases, we may request additional information to verify or process your request. We will notify the requestor If we cannot adequately verify a request. Authorized agents may initiate a request on behalf of another individual by contacting us at support@moneykit.com; we require authorized agents to provide proof of their authorization. We may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.

If you are a resident of the EEA or the UK, you have the following data protection rights:

• To access, correct, update, or request the deletion of your Personal Information. If you have requested us to delete your Personal Information, your Personal Information will not be used by us for any further purposes, nor sold or shared with third parties, unless necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Privacy Policy.

• In addition, you can object to the processing of your Personal Information, ask us to restrict the processing of your Personal Information, or request portability of your Personal Information.

• You have the right to opt out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in our marketing emails. Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted before your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

• You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. To find contact details, click here.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Last updated July 28, 2023

We enable you to link your financial or other accounts ("Connected Accounts") to Internet applications ("Apps"). By using MoneyKit Connect, our website, or any other part of our services (collectively, the "Services") to link your Connected Accounts to Apps, you can more easily keep track of all of your finances in one place, such as monitoring your Connected Account balances, your investment portfolio, or your retirement account.

By using our Services, you agree to these End User Terms of Service and our Privacy Policy, which is an essential part of these Terms (collectively, the "Terms"). These Terms are a legal agreement between you and us. Please read these Terms carefully. Any terms not defined in these Terms have the meanings given to them in our Privacy Policy.

These Terms contain a mandatory individual arbitration provision and a jury trial and class action waiver provision. This means that when you agree to these Terms, you are agreeing to resolve any disputes or claims between us about the Services, or these Terms, or both by arbitration on an individual basis rather than in front of a jury in a court of law. You also will not be permitted to participate in a class action lawsuit against us. Please read Section 11 for information about your dispute rights, including your right to opt out of mandatory arbitration and how to exercise your opt-out rights.

1. Accepting these Terms

You agree to these Terms by visiting our website, moneykit.com; using our Services; or using any Apps or other online services that link to these Terms. Even if you do not use our Services, you will still be bound by these Terms if you agree to them as described above.

2. Changing these Terms

We may change the Terms from time to time. All changes are effective immediately when we post them to our website unless we state otherwise. We will always post the most current version of the Terms on our website and update the date above. If we make a change to the Terms that, in our discretion, is material, we will notify you. We may notify you by emailing you if you have provided us with an email address. If you use our Services after we change our Terms, the new Terms will automatically apply to you. If you don't agree to the new Terms, you should stop using our Services.

3. Eligibility to Use the Services

To use the Services, you must be at least 18 years old. Do not use the Services if you aren't old enough to do so, and do not use the Services if we previously terminated or suspended your ability to use the Services. If you use the Services, you are promising us that you are eligible to do so.

4. Your Privacy and How We Use Your Personal Information

Our Services will only be useful to you if you provide us with personal information and allow us to collect personal information from you, including when you use our Services to link your Connected Accounts to Apps. We take your privacy very seriously. To learn more about the personal information that we collect and your privacy rights, please review our Privacy Policy before you use our Services.

5. Use of Apps and Connected Accounts with the Services

General

Using the Services allows you to connect your Connected Accounts to Apps. The companies that provide you the Connected Accounts ("Financial Institutions," typically financial institutions such as banks), and the Apps ("Authorized Third Parties" typically third parties that need your Connected Account data to provide you their services) have terms that apply to your use of the Connected Accounts and Apps, and will have privacy policies that describe how they collect, use, and share your personal information (Financial Institutions and Authorized Third Parties are collectively the "Providers"). MoneyKit has no control over the Provider terms or privacy policies of your Providers (collectively, the "Provider Terms"), and the Provider Terms will continue to apply to you when you use the Services to link to Connected Accounts and Apps. We are not responsible if you violate any Provider Terms while using the Services, and we will not be liable to you or to Providers for any losses you or they incur while you use the Services.

MoneyKit has no control over any of the services provided by a Provider, including whether you can connect any Connected Account or App through the Services, and we cannot guarantee that you can use the Services with any particular App or a Connected Account, including with any services offered by such App or Connected Account. We are not liable for any actions by a Provider that blocks or limits your use of the Services with an App, a Connected Account, or both, and we are not responsible for any losses you suffer if a Provider blocks or limits your access.

Use of your Personal Information with Financial Institutions and Authorized Third Parties

As noted in our Privacy Policy, we collect certain information from you, from Financial Institutions, and from Intermediaries, and we share that information with Authorized Third Parties to enable Authorized Third Parties to provide you with their services. This information is your "Personal Information."

To provide you with our Services, you authorize us to use your Personal Information to: (a) access your Connected Accounts and collect your Personal Information, such as Connected Account balances and transactions; (b) reformat or standardize the Personal Information so that it can be more easily used by Authorized Third Parties; (c) update your Connected Account information in the App; and (d) take any other actions necessary to provide you the Services.

If you use a wireless device to access our Services, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to us or to our service provider for the duration of your business relationship, solely to help us identify you or your wireless device and to prevent fraud.

Information from Providers or Intermediaries

We make no promises to you that the Personal Information we provide through the Services is comprehensive, complete, correct, or accurate. If you rely on the Personal Information provided through the Services to initiate any transactions, make decisions, or take any other actions, you do so strictly at your own risk.

For example, a Financial Institution may change their website or their app without notifying us, which may impact how or whether we can collect your Personal Information; Financial Institutions or Intermediaries may "refresh" their Connected Account data infrequently, which could cause the information we display through Services to be out of date; or Financial Institutions or Intermediaries may block or limit our ability to obtain your Personal Information.

Ownership of Connected Accounts and Personal Information

By giving us access to your Connected Accounts and your Personal Information, you are promising that you own the Connected Accounts and that you have the right to give us access and to share your Personal Information with us. You understand that when we or one of our Intermediaries accesses and retrieves your Personal Information from a Connected Account, we and/or our Intermediary are acting as your agent and not as the agent of, or on behalf of, the Financial Institution, the Authorized Third Party, or both.

Intermediaries and Incorporation of their Terms

We receive your Connected Account data directly from the Financial Institution or from Intermediaries that may collect, store, and use your credentials (such as your username, password, and any two-factor authentication you have set up). We may use the following Intermediaries to access your Connected Account data and provide you with the Services:

• Akoya
• Finicity
• MX
• Plaid
• Sophtron
• Yodlee

Their terms and privacy policies, including any terms and privacy policies necessary to use any Intermediaries whose links do not appear above, are an essential part of these Terms.

6. Intellectual Property Rights and Feedback

The text, graphics, images, logos, button icons, photographs, editorial content, notices, software, displays, video, audio, and other materials we provide you through the website, Services, or any other method, including how we design, arrange, or present them to you (collectively, "MoneyKit Materials") are protected under both United States and other applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The MoneyKit Materials belong to MoneyKit or are licensed to MoneyKit by our business partners. If we let you use the MoneyKit Materials, no right, title, or interest in or to the MoneyKit Materials is transferred to you, and all rights not expressly granted to you are reserved by MoneyKit. We or our business partners retain ownership of the MoneyKit Materials at all times.

These Terms permit you to use the MoneyKit Materials only for your personal, non-commercial use. Any distribution, reprinting, or electronic reproduction of any MoneyKit Materials in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use the MoneyKit Materials in a manner that violates any applicable law or these Terms. Any use of the MoneyKit Materials that we do not expressly permit in these Terms is a breach of these Terms, and you may be violating copyright, trademark, and other laws by doing so.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the MoneyKit Services ("Feedback"), then you hereby grant MoneyKit an unrestricted, perpetual, irrevocable, non-exclusive, fully paid up, royalty-free right to use your Feedback in any manner and for any purpose, including to improve the Services and to create other products and services. Further, you acknowledge that we may use the Feedback anonymously or attribute the Feedback to you.

7. Prohibited Uses

You may use the Services only for lawful purposes and as described in these Terms. You cannot use the Services:

• To access or use any other person's Connected Account.

• In any way that violates any applicable federal, state, local, or international law or regulation, laws regarding the export of data or software to and from the US or other countries, and any other law that applies to you or to the Services.

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or which, as determined by us, may harm us or other users of the Services or expose them to liability.

Additionally, you agree not to:

• Access the Services for competitive purposes or publish any performance information about the Services.

• Use the Services in any way that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real-time activities.

• Copy, modify, or create derivative works of the Services.

• Attempt to decipher, decompile, disassemble, or reverse-engineer any software comprising or making up a part of the Services.

• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithms or methodology to access, acquire, copy, or monitor the Services or any portion of the Services.

• Use any manual process to monitor or copy MoneyKit Material or any other purpose not expressly authorized in these Terms without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Services. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the Services.

• Access or use the Services in a way that may infringe upon the trademark, copyright, privacy, or publicity rights or any other intellectual property or other rights of any third party.

• Otherwise attempt to interfere with the proper working of the Services.

8. No Warranties, Limitation of Liability, and Indemnification

No Warranties

Your access to and use of the Services may be interrupted due to malfunction of your or our equipment, software updates and maintenance, and other actions that MoneyKit, in its sole discretion, may elect to take from time to time for any reason. We will not be liable to you or anyone else for any loss, cost, or damage that results from any scheduled or unscheduled downtime, or your inability to access the Services.

We make no warranties to you of any kind about the Services. Except as expressly described in these Terms, we make no representations or warranties of merchantability or fitness for a particular purpose, or any other representations or warranties whatsoever to you, whether express or implied, statutory or otherwise, regarding purpose, or any other representations or warranties whatsoever to you regarding your use of the Services. The Services are provided to you on an "as-is" and "as available" basis. This means that we do not guarantee that the Services will always be available for you to use, error-free, uninterrupted, that defects will be corrected, that our website or the Services are free of viruses or other harmful components, that the Services will meet your needs or expectations, or that the Connected Account data displayed through an App is accurate or up-to-date.

Limitation of Liability

Our liability to you is limited. Except as otherwise provided in these Terms and subject to applicable law, in no event will MoneyKit, its owners, directors, officers, agents, or MoneyKit partners be liable to you or to anyone else for any lost profits or damages whatsoever, including, but not limited to any direct, incidental, special, exemplary, consequential, or punitive damages, regardless of the legal theory or other damages arising out of (a) any use of the Services; (b) any claim attributable to errors, omissions, or other inaccuracies in the Service described or provided to you; (c) unauthorized access to or alterations of your transmissions or data; or (d) any other matter relating to the Services described or provided to you, even if we have been advised of the possibility of such damages. If you are dissatisfied with the Services or with these Terms, your sole and exclusive remedy is to discontinue using the Services. In those jurisdictions where the exclusion or limitation of liability for consequential or incidental damages may not apply, any liability of MoneyKit, its owners, directors, officers, agents, or MoneyKit partners in those states is limited and warranties are excluded to the greatest extent permitted by law, but will in no event exceed one hundred dollars ($100).

Indemnification

You agree to defend, indemnify, and hold harmless MoneyKit, our officers, directors, shareholders, partners, independent contractors, employees, and agents from and against all claims, suits, proceedings, losses, liabilities, attorneys' fees, and all related expenses, whether in tort, contract, or otherwise, in an action brought against by a third party that arises out of, is related to, or is attributable, in whole or in part, to your breach of these Terms or any activity by you related to your use of the Services.

Additional Disclosures

If you are a New Jersey resident, the provisions of this Section 8 are intended to apply only to the extent permitted under New Jersey law.

The foregoing no warranty provisions and limitation of liability set forth in this Section 8 are fundamental elements of the basis of the bargain between MoneyKit and you. Without these provisions, we would not let you use the Services.

9. Terminating this Agreement

We may terminate or suspend these Terms or your use of the Services at any time, for any reason, including:

• if you violated, or we suspect that you will violate, these Terms or our Privacy Policy.

• If we're required by law or ordered to do so by a regulatory authority.

• If we no longer offer the Services.

We may or may not provide you notice if we do so. We will have no liability to you if we terminate or suspend these Terms or your use of the Services, nor will our actions limit any other rights or remedies MoneyKit may have against you. Upon termination of your rights under these Terms, your right to access and use the Services will terminate immediately and the rest of the Terms will continue to apply. MoneyKit will have no liability whatsoever to you for any termination of your rights under these Terms, including for termination of your right to access and use the Services.

10. Additional Terms

General

These Terms, together with the MoneyKit End User Privacy Policy and any other agreements that we expressly declared are a part of these Terms constitute the entire and exclusive understanding and agreement between you and MoneyKit regarding your use of and access to the Services. Section headings in these Terms are for convenience only, and do not alter or change the meaning or interpretation of any of the provisions of these Terms.

Communications

We may communicate with you via email if you have provided us with an email address through our website, or by any other reasonable methods. You must contact us as described in these Terms. If you have any questions regarding the Services or these Terms, please get in touch with us at support@moneykit.com.

Governing Law

New York law or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within the state of New York, will govern these Terms and any disputes about these Terms, without regard to New York's choice of law or conflicts of law principles that would require application of the law of a different jurisdiction.

Severability

Unless any other provision of these Terms states otherwise, and to the extent not prohibited by applicable law, if any court or regulatory authority finds that any part of these Terms is invalid or unenforceable, that finding will not affect the validity or enforceability of the rest of the Terms.

Assignment

Except when prohibited by law, we may give our rights under these Terms in whole or in part to a third party without your permission, and the entity to whom we sell, transfer or assign our rights under these Terms will take our place. This means that if we merge with another company or sell the company, these Terms will still apply to you. These Terms apply only to you, and you may not transfer your rights under these Terms to anyone else.

Waiver of Rights; Delay in Enforcement

If we do not enforce, or delay enforcing, any of our rights under these Terms, we will not lose those rights. We may also decide to waive one or more of our rights without notice to you, but doing so does not waive our right to enforce those rights again later.

How to Reject Arbitration

You can reject this Arbitration Agreement by mailing us a written rejection to:

MoneyKit Inc.
228 Park Avenue South
New York, NY 10003

You must send us this written rejection within 30 days after FIRST agreeing to these Terms. Any modification of these Terms and your subsequent acceptance of the modified Terms DOES NOT create a new right to reject this Arbitration Agreement unless we expressly tell you it does in the modified Terms. The written rejection must clearly state that you are rejecting the Arbitration Agreement, and it should include your full name, physical address, and email address. This is the sole method for rejecting this Arbitration Agreement. If your written rejection meets these requirements, the Arbitration Agreement will not apply to you except for any Claims pending when you send your written rejection.

Arbitration of Claims

Arbitration is often used to resolve Claims more efficiently than a trial, particularly where the amount of the Claim is small. This section contains your agreement to arbitrate all claims, disputes, or controversies, including initial claims, counter-claims, cross-claims, and third-party claims arising under or in connection with these Terms and your use of the Services (including the validity, enforceability, interpretation, scope, or application of these Terms or the Arbitration Agreement along with any modifications) or your relationship with us (collectively, a "Claim"). Except as stated below, all Claims are subject to arbitration, no matter what legal theory they are based on (whether based upon contract; intentional or unintentional tort claims; constitution; statute; common law; or equity) or what remedies they seek (damages or injunctive or declaratory relief). Arbitration applies to any and all such Claims, whether pre-existing, currently existing, or those that arise in the future. This includes Claims made by us against you, by you or anyone connected to you against us or any of our subsidiaries, affiliates, agents, employees, predecessors, successors, or assignees (collectively, for purposes of this Arbitration Agreement only, "we," "us," or "our").

Trial Waiver and Class Action and Class Arbitration Waiver

You are also waiving the right to litigate a Claim in court and to have a jury trial on any Claim. Any arbitration under these Terms will only be on an individual basis. Class arbitrations, class actions, private attorney general actions, and consolidations with other arbitrations are not permitted. An arbitrator can award relief only on an individual basis. You will not have the right to participate in a class action or as a private attorney general relating to any Claim against us related to these Terms.

Procedure

All Claims will be decided finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association ("AAA") according to this provision and the AAA rules and procedures, including the Consumer Arbitration Rules (collectively, the "AAA Rules"), which may limit the discovery of evidence available to you or to us. You can obtain copies of the AAA Rules and forms by contacting AAA at 1-800-778-7879 or www.adr.org. Any arbitration hearing that you attend will take place in the federal judicial district where you reside as of the date you agreed to these Terms. The arbitrator will apply the substantive laws of the state of New York consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA") and applicable statutes of limitations, and will honor claims of privilege recognized at law.

Arbitration Award and Appeal

The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction, unless a party exercises any right of appeal provided by the FAA. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only for the individual party seeking relief and only as needed to provide relief warranted by the individual party's Claims. The arbitrator's decision and judgment criteria will not have a precedential or collateral estoppel effect on Claims asserted by any individual or entity who was not party to the arbitration.

Severability

If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). If a court or arbitrator decides that this Arbitration Agreement cannot be enforced as to a particular Claim for relief, then that Claim (and only that Claim) must be severed from the arbitration and may be brought in court.

Exceptions

Individual Claims filed in small claims court are not subject to this Arbitration Agreement if the Claim remains in small claims court. While the arbitrator alone will have the authority to interpret the scope and enforceability of this Arbitration Agreement, any Claim concerning the scope or enforceability of the prohibition on class, collective, or representative Claims, or Claims in arbitration for public injunctive relief, will be resolved by the state and federal courts in New York in accordance with New York law.