Terms of Service

Effective Date: December 24, 2024
Last Updated: December 24, 2024

Agreement to Terms: By downloading, installing, or using Cashual, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our service.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legal agreement between you and Cashual ("Company", "we", "us", or "our") regarding your use of the Cashual mobile application and related services (collectively, the "Service").

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy. These Terms apply to all users of the Service.

2. Eligibility and Account Registration

2.1 Age Requirements

  • • You must be at least 13 years of age to use Cashual
  • • Users under 18 must have parental consent
  • • You must be legally capable of entering into binding contracts

2.2 Account Information

  • • You must provide accurate and complete information when creating your account
  • • You are responsible for maintaining the security of your account credentials
  • • You must promptly update any changes to your account information
  • • Each user may maintain only one account

2.3 Account Security

  • • You are solely responsible for all activities that occur under your account
  • • You must immediately notify us of any unauthorized use of your account
  • • We are not liable for any losses arising from unauthorized use of your account

3. Description of Service

3.1 Core Features

Cashual provides personal finance management tools including:

  • • Budget tracking and spending limit management
  • • Transaction categorization and expense monitoring
  • • Bank account integration through Plaid
  • • Multi-platform synchronization (iPhone and Apple Watch)
  • • Financial insights and analytics
  • • Budget alerts and notifications

3.2 Third-Party Integrations

Our Service integrates with third-party financial institutions and service providers, including Plaid Technologies, Inc. Your use of these integrations is also subject to their respective terms of service and privacy policies.

3.3 Service Availability

  • • We strive to maintain 99.9% uptime but do not guarantee uninterrupted service
  • • Scheduled maintenance may temporarily interrupt service
  • • Third-party service outages may affect functionality
  • • We reserve the right to modify features and functionality

4. Financial Data and Bank Connections

4.1 Plaid Integration

When you connect your bank accounts, you authorize Plaid to:

  • • Access your account information on your behalf
  • • Retrieve transaction history and account balances
  • • Share this information with Cashual for service provision
  • • Continue accessing your accounts until you revoke permission

4.2 Data Accuracy

  • • We rely on data provided by financial institutions through Plaid
  • • We are not responsible for inaccuracies in third-party data
  • • You should verify all financial information independently
  • • Discrepancies should be reported promptly

4.3 Financial Advisory Disclaimer

Important: Cashual provides budgeting tools and financial tracking services only. We do not provide financial, investment, tax, or legal advice. All financial decisions are your responsibility. Consult qualified professionals for financial advice.

5. User Responsibilities and Prohibited Uses

5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • • Violate any applicable laws or regulations
  • • Share your account credentials with others
  • • Attempt to gain unauthorized access to our systems
  • • Interfere with or disrupt the Service
  • • Use automated scripts or bots
  • • Reverse engineer or decompile the application

5.2 Content Guidelines

  • • You retain ownership of data you input into the Service
  • • You grant us necessary rights to process your data for service provision
  • • You must not input illegal, harmful, or inappropriate content
  • • We may remove content that violates these Terms

5.3 Compliance

  • • You must comply with all applicable financial regulations
  • • You are responsible for tax reporting and compliance
  • • You must not use the Service for money laundering or illegal activities

6. Intellectual Property Rights

6.1 Our Property

The Service, including its original content, features, and functionality, is owned by Cashual and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

We grant you a personal, non-commercial, non-exclusive, non-transferable, revocable license to use the Service solely for your personal financial management purposes.

6.3 Restrictions

  • • You may not copy, modify, or create derivative works
  • • You may not distribute, sell, or license the Service
  • • You may not remove proprietary notices or labels
  • • You may not use our trademarks without permission

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection and use of your information as described in our Privacy Policy. Please review our Privacy Policy carefully to understand our practices regarding your personal data.

8. Fees and Payment Terms

8.1 Free Service

Cashual currently offers its core budgeting and expense tracking features at no cost. We reserve the right to introduce premium features or subscription plans in the future.

8.2 Future Premium Features

Should we introduce paid features:

  • • We will provide 30 days advance notice
  • • Current users will be grandfathered into existing free features
  • • Payment terms will be clearly disclosed
  • • Refund policies will be provided where applicable

8.3 Third-Party Costs

You are responsible for any data usage charges, internet connectivity fees, or other costs associated with accessing and using the Service through your device and network provider.

9. Disclaimers and Limitations of Liability

9.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Financial Disclaimer

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF FINANCIAL DATA PROVIDED THROUGH THE SERVICE. YOU USE ALL FINANCIAL INFORMATION AT YOUR OWN RISK.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CASHUAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cashual and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit through the Service.

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

  • • Using the account deletion feature in the app
  • • Contacting our support team
  • • Uninstalling the app (though this does not delete your account)

11.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for:

  • • Violation of these Terms
  • • Fraudulent, abusive, or illegal activity
  • • Extended periods of inactivity
  • • Technical or security reasons

11.3 Effect of Termination

  • • Your right to use the Service will cease immediately
  • • We will delete your account data within 30 days
  • • Some provisions of these Terms will survive termination
  • • You may lose access to any data stored in the Service

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be interpreted and governed by the laws of the United States and the State of California, without regard to conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association.

12.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and Cashual individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

13. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • • We will update the "Last Updated" date
  • • We will notify users of material changes through the app or email
  • • Changes will take effect 30 days after notification
  • • Continued use of the Service constitutes acceptance of updated Terms

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cashual regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: legal@cashualapp.com

Subject Line: Terms of Service Inquiry

Response Time: We will respond to legal inquiries within 30 days

By using Cashual, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last updated: December 24, 2024 • These terms are effective immediately upon posting.