Terms of Service

This document contains the Terms of Service for Budget Even, LLC’s budget tool, called “Budget Even.” Please read this document carefully, as it contains important information relating to your use of the Budget Even, LLC (the “Company”) mobile application. These Terms of Service form a contract between the Company and you.
Last update on January 24, 2021. These Terms of Service are effective immediately.

Parties

“You” and “your” refers to you, as a user of the Service (as defined below). A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refers to Budget Even, LLC, and its subsidiaries and affiliates.

1. Acceptance of Terms

The Company has created a budgeting application called Budget Even, that enables users to create budgets and engage in various financial planning activities (the "Service"). By using its website, mobile application, and Service, you are agreeing to the following Terms of Service ("Terms") whether or not you are a registered customer of the Company. The Company may update the Terms from time to time without notice to you. However, you can always find the latest Terms at [insert web address/link]. In addition, when using any the Company owned or operated services, you will be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are incorporated by reference into the Terms. You further agree, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.

2. Description of Service

The Service provides a variety of tools for creating budgets, monitoring spending, and engaging in financial forecasting. The Service includes a variety of free tools, as well as enhanced features and tools for premium users who pay a fee. These enhanced features include linking credit card, bank, and investment/retirement accounts. The Company reserves the right to modify the features and tools available through the Service. THE SERVICE IS PROVIDED "AS IS" AND THE COMPANY HAS NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.

All users must comply with the Terms. If you fail to follow any of the guidelines and/or rules of behavior, the Company can discontinue your ability to use the Service.

You are totally responsible for any activity that takes place under your login and password. If you become aware of any unauthorized use of your login and/or password, it is your responsibility to notify the ompany immediately. It is up to you to maintain the confidentiality of your password and login.

You understand that you may receive business-related communications from the Company, such as service announcements and administrative notices about your account. You agree that these communications are not "unsolicited commercial email advertisements" and therefore you agree to receive them. You will not be able to opt out of receiving such communications.

As a user of the Service, you understand and agree that the Service may include advertisements. You agree that such advertisements are not "unsolicited commercial email advertisements" and therefore you agree to receive them and will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that the Company will not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

Unless explicitly stated otherwise, any new features that augment or enhance the Service will be subject to the then current Terms.

You must be at least 13 years old to access and use the Service. If you are 13 years old or younger, please do not use this Service for any purpose. For residents of the European Union, you must be at least 16 years old to access and use the Service. If you are a resident of the European Union and under the age of 16, please do not use this Service for any purpose.

3. Rules of Behavior

• You are solely responsible for your own communications and content, including any data, you post to the Service. You agree to use the Service to post and receive communications and content that are legal and proper.


• You must not violate the privacy rights of others.


• You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party, without prior written permission from the third party. You agree to disclose such authorization to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.


• You must not impersonate another person or entity, which includes not using anyone else's login or password


• You must not "frame" or "mirror" the Company website, by simulating the appearance or function of the Company website on another website.


• You must not use the Service for any illegal or unauthorized purpose, such as spamming.


• You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable content as well as the export of data to the United States or to your country of residence.


• You cannot modify or delete any content and communications of the Company site and/or of other individuals.


• You must not transmit any viruses, worms, defects, or any items and/or code of a harmful or destructive nature.


• You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines, or their equivalents, on or in the Service.


• You must not interfere or disrupt the Service or servers or networks connected with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.


• You cannot create member accounts under any false or fraudulent pretenses (including by automated means).


• You must not retrieve, store or collect personal information about other users for any unauthorized purpose.


• You cannot use the Company name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment.


• You will not expressly or by implication create the false or misleading impression that the Company is associated with, or endorses, or is in any way connected with you, your business, or your content.

WHILE THE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY WILL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, THE COMPANY CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.

4. Content

As a user of the Service, you may be able to upload and post a great variety of content, including but not limited to text, audio, video, photographs, graphics and other materials ("Content"). This means that you have sole responsibility for all Content that you upload post, email, transmit or otherwise make available through the Service. You are responsible for being in compliance with the Rules of Behavior relating to such Content.

The Company will have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with the use of any Content.

The Company may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, or to protect the rights, property or personal safety of the Company, its users and/or the public.

5. Copyright Infringement

The Company respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, the Company may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact the Company’s Designated Agent at plysaght47@pl47productions.com with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
• A description of where the material you claim is infringing is located on the site
• Your name, address, telephone number, email address
• A statement claiming that you have a good faith belief that the disputed use has not been authorized
• A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.

Upon receipt of a proper notice of copyright infringement by our Designated AGent, we reserve the right to:

• Remove or disable access to the infringing material
• Notify the content provider that we have removed or disabled access to the material; and
• Terminate such content provider’s access to the Service if he or she is a repeat offender.

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below:

• A physical or electronic signature of the content provider;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which the Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

6. Links

The Service may provide links to other websites or resources. The Company has no control over these sites and content and therefore the Company is not responsible for the availability of such links, resources and content. The Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods or services offered through these links, or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.

7. Indemnity

You agree to indemnify the Company, its subsidies, affiliates, officers, agents, and other partners and employees, against any and all loss, liability, claim, or demand, including actual attorney's fees and costs, made by arising out of your use of the Service in violation of the Terms and/or your violation of any rights of another.

8. No Resale of Service

You agree not to, without the express prior written consent of the Company, reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content you do not own.

9. Modification and Termination of the Service

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

10. Privacy Policy

Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at http://www.budgeteven.com/privacypolicy.

11. Registration

In order to use certain aspects of the Service, you may be required to register. Registered users are subject to the following specific terms in addition to all of the other provisions in these Terms:

• In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
• You also agree to provide true, accurate, current and complete information as required on the Service's account registration form. If you provide any information that is untrue or incomplete, the Company has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
• You agree that the Company may, under certain circumstances and without prior notice, immediately terminate your account, any associated login, and/or access to the Service. Cause for such termination will include, but not be limited to: (i) breaches or violations of the Terms or other policies, guidelines or rules, (ii) your engagement in fraudulent or illegal activity, (iii) unexpected technical or security issues, and (iv) requests by law enforcement or other government agencies. You also agree that any termination is in the Company's sole discretion and that the Company will not be liable to you or any third party for any termination of your account, password, login, deletion of Content or access to the Service.
• You agree that your account is non-transferable and any rights to your account, password, or login terminate upon your death.
• You are responsible for any activities that take place under your login and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact the Company immediately. It is up to you to maintain the confidentiality of your password and account. the Company is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these Terms.

12. Proprietary Rights

You acknowledge and agree that the Service and any necessary software ("Software") used in connection with the Service contain proprietary and confidential information that is the property of the Company and its licensors, and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers may be protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge the Company's exclusive rights in the Company trademarks and service marks.

13. Disclaimer of Warranties

The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

No advice or information, whether oral or written, obtained by you from the Company or through or from the Service will create a warranty not expressly stated in the Terms.

14. Limitation of Liability

You expressly understand and agree that the Company will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Service, (b) unauthorized access to or alteration or alteration of your transmissions or data, (c) statements or conduct of any third party including advertisers on the Service, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, or (e) any other matter relating to the Service. In no event will the Company be liable for any amount of money over $100.00, which you acknowledge to be a fair and reasonable sum.

15. GDPR Compliance

The provisions in this section apply to users who are individuals residing in a European Union country (“EU Residents”). The General Data Protection Regulation, or GDPR, is a European Union regulation that governs the relationship between the Company and EU Residents. Under the GDPR, the Company is considered to be a “data controller.” This means that the Company determines how and why personal data is processed.

In the course of providing the Service, the Company may collect certain identifying personal data about EU Residents, including name, identification number, location data, online identifier, photographs, videos, etc. In these Terms, any such personal data that can be used to identify a specific person will be called “Personal Data.” As an EU Resident, you have the following rights, which we call Data Rights:

• You have the right to obtain confirmation from the Company as to whether we are processing Personal Data concerning you.
• You have the right to information about the processing of your Personal Data, such as the purposes, the categories of Personal Data, recipients, etc.
• You have the right to obtain a copy, in electronic format, of any Personal Data concerning you that we hold.
• You have the right to be forgotten. This means that you have to right to have the Company erase your Personal Data. You also have the right to have the Company stop any further dissemination of your Personal Data. If Personal Data was collected when you were a minor, we are obligated to delete it upon your request. However, the Company has the right to maintain your Personal Data in the following cases:
• (a) If the Personal Data we hold is needed to exercise the right of freedom of expression;
• (b) If we have a legal obligation to keep your Personal Data;
• (c) If we need to maintain your Personal Data for reasons of public interest, such as public health, scientific, statistical, or historical research purposes; or
• (d) If your Personal Data has undergone an appropriate process of anonymization.
• You have the right to object to the processing of your Personal Data for specific reasons. In such a case, the Company will stop processing your Personal Data unless we need to process the Personal Data for reasons that override your rights and freedoms, or if we need the data for the establishment, exercise, or defense of legal claims.
• You have the right to object at any time to the processing of your Personal Data for direct marketing purposes.

To exercise any of your Data Rights, please contact the Company at plysaght47@pl47productions.com. Please note that there is no charge for exercising any of your Data Rights. However, if we determine that requests are unfounded or excessive, in particular because of their repetitive nature, we have the right to charge a reasonable fee or refuse to act.

16. Disputes

If there is any dispute about or involving the website and/or the Service, you agree that any dispute will be governed by the laws of the State of Ohio without regard to conflict of law provisions. YOU FURTHER AGREE THAT BINDING ARBITRATION, TO BE CONDUCTED IN CINCINNATI, OHIO, WILL BE THE SOLE AND EXCLUSIVE VENUE FOR ANY CLAIMS OR DISPUTES RELATED TO THE SERVICE AND THE WEBSITE. YOU EXPRESSLY WAIVE THE RIGHT TO MAINTAIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT REGARDING THE SERVICE AND THE WEBSITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

17. General Information

These Terms constitute the entire agreement between you and the Company and govern your use of the Service. You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software.

The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Nothing contained in the Terms will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the Company of or on behalf of the other party.

Please report any violations of the Terms to plysaght47@pl47productions.com