Terms & Conditions

1. Acceptance of Terms

Welcome to PennyPal! By accessing or using our website, mobile application, or any related services (collectively, the "Services"), you agree to be bound by these Terms & Conditions ("Terms"), our Privacy Policy, and any additional terms that may apply to specific features or services.

PLEASE READ THESE TERMS CAREFULLY. These Terms include important provisions such as an agreement to resolve disputes through binding arbitration and limitations on our liability. If you do not agree to all of these Terms, you must not access or use our Services.

By using PennyPal, you acknowledge that you have read, understood, and agree to be bound by these Terms. We reserve the right to update these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.

2. Eligibility and Account Requirements

Age Requirement: You must be at least 18 years of age and have the legal capacity to form a binding contract to use PennyPal. If you are under 18, you may not use our Services.

Geographic Restrictions: PennyPal's Services are intended for users in the United States only and are governed by U.S. law. If you access our Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

Account Registration: To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Create a unique password not used for other services
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You may not create an account on behalf of another person, sell or transfer your account, or allow others to use your credentials. We reserve the right to verify your identity and may request additional information to do so.

3. What PennyPal Provides

Our Services: PennyPal provides personal finance management tools including budgeting, expense tracking, financial insights, spending analysis, and goal-setting features designed to help you understand and manage your finances better.

Not Financial Advice: PennyPal is NOT a financial institution, financial advisor, investment advisor, credit counselor, broker, tax advisor, or legal advisor. We do not provide financial, investment, tax, legal, or professional advice of any kind. Any information, analysis, or insights provided through our Services are for educational and informational purposes only.

Educational Purpose: All information, tools, calculators, projections, and recommendations provided by PennyPal are illustrative and should not be relied upon as the sole basis for financial decisions. Your personal financial situation is unique, and any decisions you make based on information from PennyPal are solely your responsibility.

Third-Party Data: We may access and display information from your financial accounts at third-party institutions. We act solely as an intermediary and make no representations or warranties regarding the accuracy, completeness, or timeliness of such information.

Professional Consultation: Before making any significant financial decisions, you should consult with qualified financial, legal, or tax professionals who are familiar with your specific circumstances.

4. Account Connections and Third-Party Access

Authorization: When you connect external financial accounts to PennyPal, you grant us a limited power of attorney and authorize us to access, retrieve, and use information from those accounts solely for the purpose of providing our Services to you.

Your Agent: You acknowledge and agree that when we access third-party financial institutions on your behalf, we are acting as your agent, not as an agent of the third-party institution. We will use the credentials you provide to log into these accounts and retrieve your financial data.

Account Credentials: You represent and warrant that:

• You are the legal owner or authorized user of all connected accounts
• You have the right to grant us access to these accounts
• All credentials and information you provide are accurate and current
• You will maintain sufficient permissions with third-party institutions

Data Limitations: We cannot guarantee the accuracy, completeness, or timeliness of information retrieved from third-party institutions. Account information is only as current as when it was last retrieved. We are not responsible for errors, omissions, or delays in third-party data.

Revocation: You may revoke our access to your third-party accounts at any time through your PennyPal account settings or by contacting us directly.

5. AI-Powered Features and Limitations

Use of Artificial Intelligence: PennyPal may incorporate artificial intelligence (AI) and machine learning technologies to enhance functionality, provide insights, generate recommendations, and improve your user experience.

AI Limitations: You acknowledge and understand that:

• AI and machine learning are rapidly evolving technologies with inherent limitations
• AI-generated outputs may be inaccurate, incomplete, or inappropriate for your situation
• The probabilistic nature of machine learning may result in errors or unexpected results
• AI recommendations are based on algorithms and data inputs that may not capture all relevant factors

Verification Required: You must independently verify the accuracy of any AI-generated information, insights, or recommendations before relying on them. You should not make financial decisions based solely on AI-generated outputs without consulting qualified professionals.

No Liability: We disclaim any liability for decisions made based on AI-generated outputs. Relying on AI-generated information without verification could result in harm, including financial loss.

Prohibited Use: You may not use PennyPal's AI features, AI models, or any outputs to develop, train, or improve any competing AI or machine learning models, products, or services.

6. User Responsibilities and Prohibited Activities

Acceptable Use: You agree to use PennyPal only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct and any content you submit or transmit through our Services.

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any illegal, fraudulent, or malicious purposes
• Attempt to gain unauthorized access to our systems, other user accounts, or connected services
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Use any automated means (bots, scrapers, spiders) to access the Services without permission
• Reverse engineer, decompile, or attempt to extract source code from our software
• Copy, modify, distribute, sell, or lease any part of our Services
• Remove, obscure, or alter any copyright, trademark, or proprietary rights notices
• Transmit viruses, malware, or any harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Use the Services to compete with us or create derivative products
• Share, sell, or transfer your account to others

Compliance: You are responsible for ensuring your use of PennyPal complies with all applicable laws, including data protection, privacy, and financial regulations in your jurisdiction.

7. Fees, Payments, and Subscriptions

Free and Paid Services: PennyPal may offer both free and paid subscription plans. The features available to you depend on your subscription tier.

Subscription Terms: If you purchase a paid subscription:

• You will be charged the subscription fee at the beginning of each billing cycle
• Subscriptions automatically renew unless canceled before the renewal date
• We will notify you before charging you for renewal
• You may cancel your subscription at any time through your account settings
• Cancellations take effect at the end of the current billing period

Payment Processing: By providing payment information, you:

• Authorize us to charge your payment method for all applicable fees
• Represent that you are authorized to use the payment method provided
• Agree that we may place authorization holds to verify payment validity
• Accept responsibility for all charges incurred under your account

Price Changes: We reserve the right to modify subscription prices with advance notice. Price changes will apply to subsequent billing cycles after notice is provided. If you do not agree to a price change, you may cancel your subscription.

Refunds: Subscription fees are generally non-refundable except as required by law or as otherwise stated in these Terms. If you believe you were incorrectly charged, contact us within 30 days.

Taxes: All fees are exclusive of applicable taxes, duties, or similar governmental assessments, which will be added to your charges where applicable.

8. Data Usage, Privacy, and Security

Privacy Policy: Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

Data Collection: We collect information you provide directly, information from connected financial accounts, and information about how you use our Services. This may include:

• Account registration information (name, email, contact details)
• Financial account credentials and transaction data
• Usage data and analytics
• Device and browser information
• Communications with our support team

Aggregated Data: We may create aggregated, de-identified, or anonymized data from the information we collect. This data does not identify you personally and may be used for analytics, research, product improvement, and other business purposes, including sharing with third parties.

Data Security: We implement reasonable security measures to protect your information. However, no system is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.

Data Retention: We retain your information for as long as necessary to provide our Services, comply with legal obligations, resolve disputes, and enforce our agreements.

9. Service Availability and Modifications

Availability: While we strive to keep PennyPal available and reliable, we do not guarantee uninterrupted, timely, secure, or error-free access to our Services. The Services may be unavailable due to maintenance, technical issues, or circumstances beyond our control.

No Liability for Downtime: We are not liable for any loss, damage, or inconvenience caused by the unavailability of our Services, whether scheduled or unscheduled.

Service Changes: We reserve the right to:

• Modify, suspend, or discontinue any part of the Services at any time
• Add, remove, or change features or functionality
• Impose limits on certain features or restrict access
• Update our technology, infrastructure, or service providers

We will make reasonable efforts to notify you of material changes that adversely affect your use of the Services, but we are not required to do so in all circumstances.

10. Intellectual Property Rights

Our Ownership: All content, features, functionality, software, designs, text, graphics, logos, images, audio, video, data compilations, and other materials available through PennyPal (collectively, "Content") are owned by PennyPal, our licensors, or other content providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only.

Restrictions: You may not:

• Copy, modify, create derivative works from, distribute, or publicly display our Content
• Use our trademarks, service marks, or logos without written permission
• Frame or mirror any part of the Services without authorization
• Use any proprietary information or interfaces to create competing products
• Remove or modify any copyright, trademark, or proprietary notices

User Content: If you submit feedback, suggestions, ideas, or other materials to us ("User Content"), you grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for any purpose.

Infringement: If you believe any content on PennyPal infringes your intellectual property rights, please contact us at reachus@wildcardsystems.ai with details of the alleged infringement.

11. Third-Party Services and Links

Third-Party Content: PennyPal may contain links to third-party websites, applications, or services, or may display content from third parties. We do not control, endorse, or assume responsibility for any third-party content, services, or websites.

Your Risk: Your interactions with third parties, including financial institutions whose accounts you connect, are solely between you and the third party. We are not responsible or liable for:

• The accuracy, completeness, or legality of third-party content
• Third-party privacy practices or terms of service
• Products, services, or transactions with third parties
• Any loss or damage resulting from third-party interactions

Review Terms: We encourage you to review the terms, conditions, and privacy policies of any third-party services you access through or in connection with PennyPal.

No Endorsement: The inclusion of links or integration with third-party services does not imply endorsement, approval, or recommendation by PennyPal.

12. Disclaimers and Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, PENNYPAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the services will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of content or data
• Warranties that defects will be corrected or that the services are free from viruses or harmful components

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:

• The accuracy of financial calculations, projections, or recommendations
• The suitability of the Services for your specific needs or goals
• The results you may obtain from using the Services
• Information obtained from third-party financial institutions

Your Risk: You assume all risks associated with your use of the Services. Any material downloaded or obtained through the Services is accessed at your own discretion and risk, and you are solely responsible for any damage to your device or data loss.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you, and you may have additional rights.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PENNYPAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "PENNYPAL PARTIES") SHALL NOT BE LIABLE TO YOU FOR ANY:

(A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, business, or anticipated savings
• Loss of data, use, goodwill, or other intangible losses
• Financial losses resulting from reliance on the Services
• Damages arising from service interruptions or unavailability

(B) DAMAGES ARISING FROM OR RELATED TO:

• Your use of or inability to use the Services
• Any content, data, or information obtained through the Services
• Unauthorized access to your account or data
• Third-party conduct or content
• Errors, inaccuracies, or omissions in the Services

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE PENNYPAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE LIABILITY CAP: In no event shall the total aggregate liability of the PennyPal Parties to you for all claims arising out of or relating to these Terms or the Services exceed the greater of:

• $100 (One Hundred U.S. Dollars), OR
• The total amount you paid to PennyPal in the twelve (12) months preceding the claim

Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

14. Indemnification

Your Indemnification Obligation: You agree to defend, indemnify, and hold harmless the PennyPal Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable laws
• Your violation of any rights of a third party, including intellectual property rights
• Any content you submit or transmit through the Services
• Your connection of third-party financial accounts
• Any dispute between you and a third party

Defense and Settlement: We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree not to settle any such matter without our prior written consent.

You will cooperate fully with us in the defense of any claim. This indemnification obligation will survive termination of these Terms and your use of the Services.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution: Before filing any formal dispute, you agree to first contact us at reachus@wildcardsystems.ai to attempt to resolve the issue informally. Please include a description of the dispute, your contact information, and the relief you seek.

Binding Arbitration: If we cannot resolve a dispute informally within 60 days, you and PennyPal agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration, rather than in court.

Arbitration Rules: The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or another arbitration provider we mutually agree upon. The arbitrator's decision will be final and binding, with very limited exceptions for appeal.

Class Action Waiver: YOU AND PENNYPAL AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

Exceptions: Either party may bring a claim in small claims court if it qualifies. Either party may also seek injunctive or equitable relief in court to prevent infringement of intellectual property rights or unauthorized access to the Services.

Location and Costs: Arbitration will be conducted in the county where you reside or another mutually agreed location. For claims under $10,000, PennyPal will pay all AAA filing, administration, and arbitrator fees. For claims above $10,000, fees will be determined by AAA rules.

Governing Law: These Terms and any disputes will be governed by the laws of the State of [Your State], without regard to its conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Opt-Out: You may opt out of this arbitration provision by sending written notice to reachus@wildcardsystems.ai within 30 days of first accepting these Terms. Your notice must include your name, email, and a clear statement that you wish to opt out of arbitration.

16. Account Termination and Suspension

Your Right to Terminate: You may deactivate your account at any time through your account settings or by contacting us at reachus@wildcardsystems.ai. Upon deactivation, your access to the Services will cease.

Our Right to Terminate: We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, with or without notice, including if we believe you have:

• Violated these Terms or any applicable laws
• Engaged in fraudulent, abusive, or harmful conduct
• Created risk or legal exposure for PennyPal
• Provided false or misleading information

Effect of Termination: Upon termination:

• Your right to access and use the Services immediately ceases
• We may delete or retain your account data as described in our Privacy Policy
• You remain responsible for all charges incurred before termination
• Provisions of these Terms that by their nature should survive will continue to apply

Surviving Provisions: Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and other provisions that by their nature should survive termination will remain in effect after termination.

17. Changes to These Terms

Right to Modify: We reserve the right to modify, update, or replace these Terms at any time in our sole discretion. We will provide notice of material changes by:

• Updating the "Effective Date" at the top of these Terms
• Posting the updated Terms on our website
• Sending you an email notification (for material changes)
• Displaying a prominent notice within the Services

Your Acceptance: Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services.

Review Regularly: We encourage you to review these Terms periodically to stay informed about our practices and your rights and responsibilities.

Material Changes: For material changes that significantly affect your rights, we may require you to affirmatively accept the new Terms before continuing to use certain features of the Services.

18. Miscellaneous Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and PennyPal regarding the Services and supersede all prior agreements, understandings, or communications.

Assignment: You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign or transfer these Terms or our rights and obligations without restriction.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of PennyPal.

No Third-Party Benefits: These Terms do not create any third-party beneficiary rights. No third party may enforce any provision of these Terms.

Force Majeure: We will not be liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or governmental actions.

Export Controls: You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country.

Electronic Communications: By using the Services, you consent to receive electronic communications from us, including notices, agreements, and disclosures. You agree that all agreements, notices, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

19. Contact Information

If you have questions, concerns, or feedback about these Terms or the Services, please contact us: