Terms of Service

Last Updated: April 16, 2024

This Terms of Service (this “TOS”) govern your (“You” or “Your”) access and use of our websites which reference this TOS and the related services, materials and programs (collectively, the “Programs”). The Programs are provided to You by SavvyMoney, Inc. (“SavvyMoney”, “we” or “us”). By accessing or using any portion of the Programs, You agree to be bound by this TOS. If You do not agree to this TOS, You will not have the right to access or use the Programs or any portion thereof.

You represent that: (i) if You are entering into this TOS on behalf of another person, You are duly authorized by such person to enter into this TOS which will be binding upon both You individually and such other person (and “You” as used in this TOS shall refer to both), (ii) You are of the legal age to form a binding contract with us, and (iii) You are not a person barred from subscribing to, using or accessing the Programs under the laws of the United States or other applicable jurisdiction.

PLEASE READ THIS TOS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Changes to this TOS; Policies

We reserve the right to update or make changes to this TOS from time to time in our sole discretion, and we may notify You of changes by any reasonable means, including without limitation, by posting the revised version of this TOS on our websites, and these changes will become effective immediately upon the posting on our websites. You can determine when this TOS was last revised by referring to the “Last Updated” date at the top of this TOS. Your continued access or use of any portion of the Programs after any changes to this TOS have been posted shall constitute Your agreement and consent to such changes. Please return to this page periodically to ensure familiarity with the most current version of this TOS. You agree that Your use and access to certain features of the Programs may be subject to any additional posted guidelines, rules, terms and conditions applicable to such features (collectively, “Policies”), which are hereby incorporated by reference into this TOS. In the event that any terms or conditions of such Policies contradict or are inconsistent with the terms and conditions of this TOS, such Policies will govern and prevail solely with respect to the specified features, if any, to which they apply.

Privacy Policy

Any information that You provide or transmit as part of enrolling in or using the Programs is governed by our Privacy Policy. Please read our Privacy Policy carefully. This TOS incorporates by reference the terms and conditions of our Privacy Policy. Notwithstanding anything in our Privacy Policy or this TOS, You understand and agree that the Programs use the Internet and third-party networks which are not secure, and SavvyMoney cannot guarantee that any transmission made by You while using the Programs is or will be secure.

Enrolled Users

Users who are enrolled with us (“Enrolled Users”) may access certain features of the Programs made available only to Enrolled Users. You may directly enroll with us or You may enroll with us through the services, such as online banking or other services, of Services Partners. Additionally, Services Partners may automatically enroll You in a Program when You sign up for the products and services of such Services Partners. Upon enrolling with us, an account will be established for You. If You enroll with us through a Services Partner and become a “Partner Enrolled User,” You may be able to access the Programs and Your account directly or through Your account with such Services Partner. Additionally, in some instances, while You may not have enrolled with us through a Service Partner, a Service Partner may sponsor Your enrollment with us. “Services Partner” includes any third party that provides You with access to the Programs, including by sponsoring such access, or otherwise invites You to access or use the Programs to view Offers (as defined below in About Programs and Offers Section) and/or information contained on Your credit report. Services Partners include credit unions, banks, mortgage lenders, credit card issuers, other financial institutions, insurance companies, technology service providers, and other parties.

Login Credentials

As an Enrolled User, You agree to provide to us with true, accurate and complete information and to maintain and promptly update such information in order to keep it accurate and complete. Without limiting any other provision of this TOS, if You provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate Your account and refuse any or all current or future use of the Programs or any portion thereof. You agree not to share, resell, assign, transfer or sublicense Your access to the Programs or Your account to any third party. You further agree not to create a false or misleading identity on the Programs. You agree and understand You are responsible for maintaining the confidentiality of Your login or access credentials (“Login Credentials”) which You use to access Your account. As a Partner Enrolled User, You may be able to access Your account with us directly through Your account with the Services Partner, without having to use Your Login Credentials. You agree to immediately notify us at support@savvymoney.com if You become aware of any actual or suspected unauthorized use of Your Login Credentials or any other breach of security related to Your account. We are not liable for any loss or damage arising from Your failure to comply with the foregoing. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES TAKING PLACE THROUGH YOUR ACCOUNT, whether or not You are the individual who undertakes such activities.

About the Programs and Offers

You may be enrolled in one or more features of the Programs. The Programs include credit score and report card, credit report, credit score simulator, credit monitoring and offers, which include personalized loans, other financial recommendations, and personalized offers from our Service Partners (collectively “Offers”). We are not responsible for the terms and conditions of Offers made by our Service Partners. Portions of the Program may be available to You through the mobile applications, websites or other internet properties provided by Services Partners.

Your credit report card has a summary of information from Your credit report obtained from a credit reporting agency and may include helpful information about factors that influence Your credit risk score. The credit score simulator estimates the score under different scenarios inputted by You and is for educational purposes only. It does not guarantee that Your score will rise or drop by the simulated score when You take actions described in such scenarios. The Programs may feature Offers made by third parties for which You may be qualified and invite you to apply for, or inquire about, such Offers. Your interactions with the Programs help us in determining and personalizing Offers which may be displayed to You.

Credit Report and Written Authorization

As part of becoming an Enrolled User for any Program, You authorize us to continuously obtain Your credit report and credit information from one or more credit reporting agencies and other third parties, for the purpose of providing You with the features of the Programs, and to share it with Service Partners, including to display Offers in accordance with the TOS and provide other features of the Programs. Your authorization includes ongoing monitoring of Your credit profile. In particular, You authorize SavvyMoney to obtain Your credit report and other information about You from one or more credit reporting agencies and other third parties for the purpose of: (a) securely verifying Your Identity; (b) providing You with Your credit report, Offers and other features of the Programs; and (c) sharing your credit score and credit information with Service Partners, including for the purposes of providing You Offers made by third parties that You may be qualified for and for invitations to apply for, or to inquire about, such Offers. You agree that Your authorization pursuant to this Section 6 of the TOS constitutes Your “written instructions” under the Fair Credit Reporting Act. You grant these written instructions on an ongoing basis and You may revoke Your ongoing instructions at any time by terminating Your SavvyMoney account in accordance with the TOS. We do not obtain the credit report or credit information of any user who is less than eighteen (18) years of age.

Terminating Your Account and Written Authorization with SavvyMoney and this TOS

This TOS and Your written authorization set forth in Section 6 will continue in effect until terminated by either You or SavvyMoney as set out below.

Termination of Your Account

If You are an Enrolled User, You may terminate Your account with SavvyMoney at any time by (i) canceling Your account through the Programs or (ii) notifying SavvyMoney at cancel@savvymoney.com or in writing at our contact information below. Please allow up to ten (10) business days after receipt of Your notice for us to process Your request to cancel Your account. If You have more than one account with SavvyMoney, You will need to terminate each account separately.

SavvyMoney reserves the right to terminate Your account at any time, with or without prior notice to You, for any reason, including due to Your breach of this TOS. Lastly, if You are a Partner Enrolled User, the Services Partner has the right to directly terminate Your account, which may become effective without any prior notice to You.

Upon termination of Your account: (i) You will no longer be deemed an Enrolled User, (ii) You will not have the right to access the features of the Programs that are accessible only to Enrolled Users, (iii) You will not have the right to access Your account data or files, and (iv) You may still be a user of other portions of the Programs unless and until this TOS is terminated by You or us.

Termination of this TOS

You may terminate this TOS by ceasing all access and use of the Programs. SavvyMoney reserves the right to terminate this TOS, with or without prior notice to You, for any reason, including due to Your breach of this TOS. Upon termination of this TOS: (i) You do not have the right to access or use the Programs, and (ii) Sections governing Privacy Policy, Disclaimers; Limitation of Liability, Indemnification of SavvyMoney, Arbitration, Governing Law and Forum, Notices to California Residents, Claims of Copyright Infringement, Notices, and Miscellaneous of TOS will survive.

Your Use of the Programs

Your right to access and use the Programs is personal to You and is not transferable by You to any other person or entity. You may access and use the Programs for only lawful purposes. The Programs are intended to generally assist You in Your financial decision-making and to display Offers and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Programs may not be appropriate for Your situation. Accordingly, before making any final decisions, accepting any Offers, or implementing any financial strategy, You should consider obtaining additional information and advice from Your accountant or other financial advisers who are fully aware of Your individual circumstances.

Your access and use of the Programs may be interrupted from time to time for any of several reasons, including, without limitation, equipment malfunction, periodic updates, maintenance or repair, unavailability of third party services which have been integrated into the Programs, or other actions that SavvyMoney, in its sole discretion, may elect to take.

Online Alerts

SavvyMoney may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts are sent to You following certain changes made to Your account or actions taken under Your account. You do not need to activate these alerts. Although You may have the option to suppress some of these automatic alerts, we strongly recommend that You do not since some of them are security-related. Voluntary account alerts may be turned on by default as part of the Programs. Such alerts may be customized, deactivated or reactivated by You from time to time. SavvyMoney may add new alerts, from time to time, or cease to provide certain alerts at any time in its sole discretion. Each alert has different options available, and You may be asked to select from among these options. Electronic alerts may be displayed when You access the Programs or may be sent to the email address You have provided as Your primary email address under Your account. If Your email address changes, You are responsible for making the change in the Profile section of Your account. Changes to Your email address will apply to all of Your alerts.

Data Rights You Grant to Us

You hereby grant SavvyMoney a non-exclusive, royalty-free, fully paid-up, right and license to use any or all data, information, comments or other content that You provide to us or otherwise transmit through the use of the Programs (collectively, “Data”) for the purposes of providing You the Programs and our internal business purposes, including development, diagnostic, forecasting, planning, analysis and corrective purposes, and for otherwise improving and enhancing the Programs. You represent and warrant that You are the exclusive owner of the Data or have all rights and licenses necessary to grant the rights to the Data that You have granted to SavvyMoney in this TOS, without the need to obtain any third-party consents or permissions. As an Enrolled User, You expressly authorize SavvyMoney, on Your behalf as Your agent, to access Your credit report from one or more credit reporting agencies and to use and store such information for the purposes of making available to You certain features of the Programs. Additionally, You grant SavvyMoney a limited power of attorney, and appoint SavvyMoney as Your attorney-in-fact and agent, to access Your credit report from one or more credit reporting agencies, as You could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SAVVYMONEY ACCESSES AND RETRIEVES CREDIT REPORTS FROM ONE OR MORE CREDIT REPORTING AGENCIES, SAVVYMONEY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT, OR ON BEHALF, OF A THIRD PARTY.

License of SavvyMoney’s Intellectual Property Rights

Subject to Your compliance with this TOS, and solely for so long as You are permitted by SavvyMoney to access and use the Programs, SavvyMoney grants You a limited, revocable, non-exclusive, non-transferable right to access and use the Programs for Your individual personal use only. Unless expressly granted to You in this TOS, SavvyMoney and its licensors (which may include the Services Partners) reserve and retain all rights, title and interest (including all intellectual property rights) in and to: (i) the Programs, including all content and other materials appearing therein, (ii) all data related to Your use of the Programs which does not identify You and cannot be used to identify You, and (iii) the technology, systems and software used to provide the Programs. The Programs (including the underlying technology, systems and software used to provide the Programs) are protected by copyright, trademark, patent, and/or other proprietary rights and laws. All trademarks and service marks appearing within the Programs not owned by SavvyMoney are the property of their respective owners. The trade names, trademarks and service marks owned by SavvyMoney, whether registered or unregistered, may not be used without SavvyMoney’s written consent or in any manner. You may download or print a copy of content or materials provided to You as part of the Programs for Your personal, internal and non-commercial use only and for no other purpose. SavvyMoney reserves all rights not expressly granted to You in this TOS.

Restrictions

In accessing and using the Programs, You agree to abide by the following rules, restrictions and limitations:

You will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Programs or any portion thereof;
You will not use any data mining software, robots, spiders or similar data gathering and extraction tools to retrieve, index, “scrape,” “data mine,” or in any way gather content or data from the Programs or otherwise circumvent the navigational structure or presentation of the Programs;
You will not disseminate or transmit viruses, worms, Trojan horses, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear gifts, pixels, web bugs, cookies or other similar devices;
You will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Programs;
You will not use the Programs in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Programs or any networks or security systems of SavvyMoney or its service providers, or otherwise interfere with other users’ use of the Programs;
You will not interfere with or circumvent any security feature or any feature that restricts or enforces limitations on the use of, or access to, the Programs;
You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures of the Programs;
You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained within the Programs;
You will not attempt to impersonate another person; and
You will comply with all applicable laws in Your access and use of the Programs, including the laws of Your country if You live outside of the United States of America.

Links to Third Party Sites

The Programs may contain hyperlinks or other references to third-party websites, including the websites of Services Partners (“Third Party Sites”). You may be subject to different terms and conditions that apply when You use Third Party Sites. You agree that You are responsible for reviewing and understanding any terms and conditions governing any Third Party Site and products or services provided within such Third Party Sites, and that SavvyMoney has no responsibility or liability for Your access and use of Third Party Sites.

Disclaimers; Limitation of Liability

THE PROGRAMS ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. SAVVYMONEY MAKES NO, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFATORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE PROGRAMS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. SAVVYMONEY DOES NOT WARRANT THAT: (I) THE PROGRAMS (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (II) THE PROGRAMS WILL MEET YOUR REQUIREMENTS; OR (III) ANY ERRORS OR MALFUNCTIONS IN THE PROGRAMS WILL BE CORRECTED. SAVVYMONEY SHALL NOT BE LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR USE OF THE PROGRAMs, ANY INTERRUPTION, SUSPENSION OR CESSATION OF ACCESS TO THE PROGRAMs, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE PROGRAMS BY ANY THIRD PARTY. SAVVYMONEY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE OFFERS AND CONTENT MADE AVAILABLE ON THE PROGRAMS.

NEITHER SAVVYMONEY NOR THE PROGRAMS ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. SAVVYMONEY IS NOT A FINANCIAL PLANNER, BROKER, TAX ADVISOR, OR CREDIT COUNSELOR. SavvyMoney does not act as Your agent in eliminating, reducing or settling Your debts, obtaining new or different loan terms for You, or improving Your credit history, credit rating, credit report, credit score or debt-to-income ratio, or other financial activities. SavvyMoney does not provide accounting, tax, legal, real-estate, mortgage, and financial planning or investment advice.

SAVVYMONEY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE PROGRAMS OR ANY PORTION THEREOF, EVEN IF SAVVYMONEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SAVVYMONEY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OR OTHER NETWORK (INCLUDING WITHOUT LIMITATION PHONE NETWORK OR OTHER TELECOMMUNICATIONS NETWORK) FAILURES OR “BROWNOUTS”, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, EPIDEMICS, PANDEMICS, NON- PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS TOS, SAVVYMONEY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO (1) FEES PAID BY YOU TO SAVVYMONEY DURING THE 6 MONTHS PRECEDING THE DATE ON WHICH YOU NOTIFY SAVVYMONEY OF A CLAIM, OR (2) $100.00 (ONE HUNDRED UNITED STATES DOLLARS). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT INCREASE SAVVYMONEY’S LIABILITY. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

Your Indemnification of SavvyMoney

You agree to indemnify and hold SavvyMoney and its officers, directors, shareholders and employees harmless from and against any loss, costs, liabilities and expenses (including reasonable attorneys’ fees) resulting from Your breach of this TOS, Your use of the Programs, Offers and any other related product or service, and any infringement by You of any intellectual property or other third-party right.

Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these TOS as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and SavvyMoney, whether arising out of or relating to these TOS (including any alleged breach thereof), the Programs, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these TOS, you and SavvyMoney are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND SAVVYMONEY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SAVVYMONEY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

SavvyMoney is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@savvymoney.com . If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to SavvyMoney should be sent to the address set forth below in Section 23 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If SavvyMoney and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or SavvyMoney may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by SavvyMoney or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SavvyMoney is entitled.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these TOS as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these TOS and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless SavvyMoney and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, SavvyMoney agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either SavvyMoney or you under the AAA Rules, SavvyMoney and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, SavvyMoney will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, SavvyMoney will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these TOS will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these TOS to the contrary, SavvyMoney agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Programs, you may reject any such change by sending SavvyMoney written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these TOS (or accepted any subsequent changes to these TOS).

Governing Law and Forum for Disputes

This TOS shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Notwithstanding the foregoing Section 17, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this TOS and except with respect to any claims or disputes not subject to arbitration, You and SavvyMoney consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California and the state courts located in San Francisco County, California. Use of the Programs is not authorized in any jurisdiction that does not give effect to all provisions of this TOS (including without limitation, this section). You understand that, in return for agreement to this provision, SavvyMoney is able to make available the Programs subject to the terms set forth in this TOS, and that Your assent to this provision is an indispensable consideration to this TOS. You also acknowledge and understand that this provision governs with respect to any dispute with SavvyMoney, its officers, directors, employees, agents or affiliates, arising out of or relating to Your use of the Programs or arising from this TOS.

Notices

You authorize SavvyMoney (and Services Partners) to send You notices and information regarding the Programs via email to the most current email address we have for Your account. You agree that such notice will be deemed sufficient notice, effective on the date of transmission, and You waive any rights to assert failure of notice.
You agree that this TOS and all notices provided to You may be sent in electronic form and will have the same effect as they would if provided in printed form.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If You believe in good faith that materials transmitted through the Programs infringe Your copyright, You (or Your agent) may send SavvyMoney a notice requesting that SavvyMoney remove the material or block access to it. Please provide the following information: (i) an electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work; (ii) a description of the copyrighted work that You claim has been infringed upon and sufficient information for SavvyMoney to locate such copyrighted work; (iii) information reasonably sufficient to permit us to locate the copyrighted work; (iv) Your address, telephone number, and e-mail address; (v) a statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, the DMCA permits You to send SavvyMoney a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent to:

SavvyMoney, Inc.
4160 Dublin Blvd, Suite 250
Dublin, CA 94568
Attention: DMCA Agent
or sent via email to copyright@savvymoney.com

SavvyMoney shall have the right to suspend or terminate the account of any Enrolled User, or access to the Programs to any other user, engaged in suspected repeated copyright infringement. SavvyMoney shall have the right to transmit the notification to the Enrolled User or other user transmitting or receiving the allegedly infringing material, and to transmit any counter-notification to the complaining party.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If You have a question or complaint regarding the Programs, please contact us at the “Contact Us” section below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail to: 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Miscellaneous

If any provision of this TOS is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this TOS and will not affect the validity and enforceability of any remaining provision. This TOS and Privacy Policy, constitutes the entire agreement between SavvyMoney and You pertaining to any and all access and use of the Programs and supersede any and all prior or contemporaneous written or oral agreements between SavvyMoney and You pertaining thereto. No amendment or waiver of this TOS will be binding on SavvyMoney unless set forth in writing expressly identifying this TOS and signed by an officer of SavvyMoney and You. Any caption, heading or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

Contact Us

If You wish to contact us regarding this TOS, You may do so:
Via email, attempt support@savvymoney.com
Via mail at
SavvyMoney, Inc.
4160 Dublin Blvd, Suite 250
Dublin, CA 94568

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