Terms and Conditions
CASHTRAX
Beanstox Investments Inc.
Effective date:
Aug 30, 2025
Introduction
Beanstox Investments Inc. dba CashTrax (the “Company”) provides for clients (each a “Client”) a simple smart money app designed to provide services (the “Services”) which include budgeting, expense tracking, and saving tips, through a mobile application the (“App”) and Company website (the “Website”, and collectively with the App, the “Platform”). The Platform aims to help Clients understand how they spend money, stay on top of their spending, and discover ways to save - without complicated spreadsheets or manual entry. Clients link their bank and credit card accounts, set their plan, and use the AI-powered App to access the Services, including to provide AI generated answers to some of our Clients’ money questions.
These Terms and Conditions (the “Terms”) constitute a legally binding agreement made between you (“you”, “User” or Client) and the Company, and any of its subsidiaries or affiliates concerning your access to, and use of, the Platform as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively with the Platform, the “Site”).
For the purposes of these Terms and other Company agreements, a user (“User”, and together with Client, “you”) is an individual who uses the Site to evaluate our services, or for educational purposes. Users can view all publicly available content on the Site. A Client is a User who opens an account (“Account”) with the Company via the App. Clients can access our Website and App as Users do, but can also create, access, manage and update their Accounts on the App.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Eligibility
The App is available to U.S. and Canadian residents.
You must be 18 or older to create and open an Account. Any Account creation by anyone under 18 is unauthorized and a violation of these Terms. By creating and using an Account, you represent that you are 18 or older. Please note that additional eligibility criteria may apply to certain Services offered through the Site. It is your responsibility to ensure you satisfy all of the minimum eligibility criteria before choosing to open an Account. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.
You agree to use the Site solely for your personal, non-commercial use, and will not attempt to interfere with the functioning of the Platform in any way.
Conditions of Use
By accessing the Platform, you agree that you will comply with all applicable rules and that you will:
· Not use automated data gathering or extraction tools to acquire, copy or monitor the App or any portion of the App;
· Not attempt to bypass or otherwise interfere with the security-related features of the App that would prevent or restrict the access or operation of the Company;
· Not attempt to use software viruses, files, programs or any other computer code to interfere with the access or operation of the Company or to gain access to any data, files, or password by hacking, data mining or any other means;
· Not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to operate the Platform; and
· Not make inappropriate use of the information provided on the Platform or in connection with the Company’s Services and take any other action which adversely affects the Platform, the Services, or the Company.
Clients will also:
· Use the Client's username or password (which are confidential) in a prudent manner;
· Not share an Account with anyone else; and
· Provide true and precise information during the Account registration process.
As a Client you are responsible for safeguarding your username and password information. You will notify the Company immediately if your password is stolen or if you suspect unauthorized use of you Account. You agree that you shall be solely responsible for any activities or actions under your Account, whether or not you have authorized such activities or actions. The Company reserves the right to delete or change your username and password at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Access to, and use of, password protected or secure areas of the Platform is restricted to authorized persons only. Unauthorized persons attempting to access these areas of the Platform may be subject to legal action.
Information Provided by Client
You agree to provide the Company with accurate, complete, and up-to-date contact information, which may include email address and mobile telephone number. You are responsible for the information you provide to us and keeping such information up to date. You must promptly update your Account in the event of any changes to information you have provided.
You authorize the Company, directly, or through third parties, to make any inquiries the Company considers necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality or other information which the Company deems necessary under applicable laws; or (iv) requiring you to take steps to confirm ownership of your email address. The Company reserves the right to terminate, suspend, or limit access to your Account and the Services in the event the Company is unable to obtain or verify any of this information.
Subscription Fees
Each Account is subject to a monthly subscription fee (the “Subscription Fee”). However, the Company is currently offering the Services for free, for a limited time until further notice.
The Company requires a connected bank account or debit/credit card (a “Payment Method”) for payment of the Subscription Fee. Once the Subscription Fee is in effect, Clients will be billed for Subscription Fees on a monthly basis in advance, starting on the date on which the Client opens an Account, and automatically repeating monthly until such time as the Client cancels the Account. An Account must be cancelled through the App in order for the Subscription Fee auto renewal to be cancelled. A Client’s access to the Account will cease at the end of the period for which the last Subscription Fee payment was received.
When you open an Account, you expressly acknowledge and agree that the Company (or our third-party payment processor) is authorized to charge you the Subscription Fee using the Payment Method until you cancel your Account.
You agree to immediately update your Payment Method details in the event of any change in your payment information. If the Company cannot charge your Payment Method for any reason (such as expiration or insufficient funds) on the Subscription Fee renewal date, and you have not canceled your Account, you remain responsible for any outstanding or unpaid amounts. The Company reserves the right to cancel your Account if the Company is unable to successfully charge your Payment Method, or if your Payment Method cannot be verified, is invalid, or is otherwise not acceptable. The Company also reserves the right to collect unpaid Subscription Fees from prior months along with the Subscription Fee due for a current month.
Stripe Payment Services
Stripe, or similar services, allows you to make your Subscription Fee payments. By using Stripe, or other similar service to pay for any Services, you are subject to their terms and conditions.
Cancellation and Refund Policy
Subscription Fees are monthly recurring charges. If you wish to cancel your Account, you MUST do so by cancelling via the App. Email or other form of communication requesting an Account closure will not be accepted. You must cancel a few days before your Subscription Fee is charged to avoid billing for the subsequent month. There are NO refunds for Subscription Fees.
Additional Fees
For the avoidance of doubt, the Company may charge additional fees for certain products or services. Any such additional fees or charges will be disclosed to you in advance of using any such product or service.
Third-Party Account Information
To use the Services, you may direct the Company to retrieve your financial account transaction history, balance information, or other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions (“Third-Party Account Information”). This includes information maintained by, or on behalf of, your bank or credit card companies.
The Company works with one or more third-party service providers to access this Third-Party Account Information. The Company uses this information to provide you with the Services, for our own internal business purposes, and to offer you other Company products and services that may be of interest to you. By using the Services, you authorize the Company to access this Third-Party Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your Third-Party Account Information to us. By agreeing to these Terms, you are also agreeing that you are responsible for keeping any password and username you provide to the Company so we can retrieve this Third-Party Account Information, and for keeping those passwords and usernames up to date in the App. The Company does not review the Third-Party Account Information for accuracy, legality or non-infringement, and the Company is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
Communications to be Provided in Electronic Form
The Company relies primarily on the Platform to interact with Users and Clients. In limited circumstances, the Company can rely on email and SMS communication to provide information to Users and Clients. By choosing to use the Site and the Services, you will receive electronically from time-to-time disclosures, notices, agreements, statements, and any other communications about the App and our Services electronically (“Communications”). You consent to receive these Communications. We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. By accepting these Terms, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
AI
The Company use artificial intelligence (“AI”) to generate material information communicated to user of the Platform. Because generative AI produces responses based on vast data inputs and lacks critical thinking, the Company can’t guarantee factual accuracy and the Platform may produce content that’s incorrect or misleading. Users and Clients should do their own research to complement, or verify the accuracy of, AI generated information.
Agreements
By accessing the Platform, as a User or Client, you enter into a series of legally binding agreements and you are agree to be bound by the terms of those agreements, including these Terms and the Company’s Privacy Policy [add link] (which covers how we collect, use, share and store your personal information), (collectively, the “Company Agreements”). Please take the time to read all such Company Agreements. If you do not agree to these terms, please do not use the Platform. The Company may, at any time, modify or supplement any Company Agreement and post the revised versions of all Company Agreements on the Website’s and App’s legal section. Any modifications will be effective immediately upon posting on the Platform. Users and Clients are responsible for regularly reviewing the Platform for changes to this Agreement and the other Company Agreements.
YOU ACKNOWLEDGE AND AGREE THAT ALL THE COMPANY AGREEMENTS, INCLUDING THESE TERMS, ARE GOVERNED BY THE BINDING ARBITRATION CLAUSE SET FORTH IN THESE TERMS.
The section below titled “Class Action Waiver” contains a binding class action waiver which affects your legal rights. Please read it carefully.
Intellectual Property
The Site contains material, such as videos, software, text, graphics, images, photographs, sound recordings, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Users have no rights in or to the Content, and you agree that you will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from the Company. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content anywhere for any purpose is expressly prohibited.
The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Company Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Account Termination
The Company is under no obligation to accept any individual as a Client and may accept or reject any Account registration in its sole discretion. The Company can also deactivate a Client’s Account at any time, in its sole discretion, for any reason. If the Company terminates an Account because of a Client's breach of the terms and conditions of any Company Agreement, the Company shall have no liability or responsibility to the Client.
The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and a User’s or Client’s access to all or any part of the Platform, at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability. Certain items shall survive the termination of the Company Agreements.
No Offers or Reliance; No Investment or Financial Advice
Users and Clients should note that NO information set forth on the Site should be construed as investment or financial advice. The Site is limited to the dissemination of general financial educational information, including educational materials, publications, and links. Accordingly, the publication of information on the Site should not be construed by any User or Client as the Company’s solicitation to effect, or attempt to effect, transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy securities or Services, or services of any of our affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law.
The Company is neither a law firm nor an accounting firm nor a tax adviser, and no portion of the Site should be interpreted as providing legal, accounting, or tax advice.
No Inside Information; No Guaranteed Results
The Company obtains information from a wide variety of publicly available sources. The Company does not have, nor does it claim to have, sources of inside or private information. The suggestions and references developed by the Company in connection with the Services are based upon the professional judgment of the Company, and the Company cannot and does not guarantee the results of any suggestions and references, including those generated by AI.
Disclaimer of Warranties
You understand and acknowledge that the data and other statements of facts are obtained from sources that the Company considers to be reliable but makes no warranty as to the accuracy of the information provided.
You hereby agree that access to and use of the Platform is at your sole risk. The Platform is provided on an "as is" and "as available" basis for your use, without warranties of any kind. The warranties hereby disclaimed include any warranty of merchantability or fitness for a particular purpose. The Company does not guarantee that you will be able to access or use the Platform, including the App if you are a Client, at times or locations of your choosing or that the Company will have adequate capacity for the Platform or its Services as a whole or in any specific geographic area. The Company makes no warranties of the quality of its Services and that it will meet your expectations or that such Services will be timely, secure or without error and that any errors will be immediately corrected.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
Links with Other Sites
The Site may provide links or references to websites or services that are maintained or provided by third parties. The Company is not responsible for and does not assume responsibility for any content or practice of any such site or service and makes no warranties of any kind in relation to such sites and services. Your use of any such site or service is entirely at your own risk. The Company provides such links and references solely as a convenience to you and not as an endorsement or approval of any content, practice, owner, or sponsor.
Limitations of Liabilities
You acknowledge and agree that in no event will the Company and its affiliates (or any of their officers, directors, employees, agents, successors, licensees, licensors, affiliates, suppliers, and assigns) be liable for any damages or any other person regarding any conduct, communication or content associated with the Platform or the Services. Moreover, in no case shall the Company and its affiliates (or any of their officers, directors, employees, agents, successors, licensees, licensors, affiliates, suppliers, and assigns) be liable for any indirect, special, incidental or punitive damages including, without limitation, those resulting from theft or loss of profits, data, use, business interruption, or other intangible loss relating in any way to your use of or inability to use the Platform, including the App if you are a Client.
Because some jurisdictions do not allow the exclusion or the limitation of certain categories of liability, the foregoing limitations shall apply to you only to the full extent permitted by applicable law.
The Company does not warrant or guarantee any third-party product or service offered through or in connection with the Platform or its services and will not be a party to, in any way, be responsible for monitoring any transaction between you and third-party providers of products or services.
Indemnification
You agree to defend, indemnify and hold harmless the Company and our officers, directors, employees, agents, successors, licensees, licensors, affiliates, suppliers, and assigns from and against all claims (including investigations and allegations that are not yet presented as litigation) and liabilities, losses and expenses, including attorneys' fees and costs, arising in connection with any breach of these Terms or any other Company Agreement. If you fail to provide a defense satisfactory to the Company, the Company may assume the defense and invoice you for the cost thereof, which invoice(s) you shall pay immediately upon presentation.
Feedback
Your feedback is welcome and encouraged. You may submit feedback by emailing us at info@cashtraxapp.com . You agree, however, that (i) by submitting unsolicited ideas to the Company or any of our employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of the Company. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to the Company together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights. Please note that we may record telephone conversations while providing our customer services. By accessing our Platform and communicating with us by telephone, you hereby consent to these recordings.
Compliance with Applicable Laws
The Company makes no claims concerning whether the content on the Platform may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Applicable Law
This Agreement and any action related thereto will be governed by the laws of Delaware without regard to its conflict of laws provisions.
Binding Arbitration
In the event of dispute relating to the Company Agreements, including these Terms, arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) pursuant to current JAMS Comprehensive Arbitration Rules and Procedures where appropriate. The Arbitrator’s award may be entered in any court having jurisdiction. The Arbitrator shall be authorized to award compensatory damages but shall NOT be authorized to award non-economic damages such as for emotional distress or suffering or punitive or indirect, incidental or consequential damages. Each party is responsible for their attorneys’ costs arising out of the arbitration and shall pay an equal share of the fees and costs of the Arbitrator and JAMS. The Arbitrator shall issue a written statement of the decision describing the factual findings and conclusions on which the award is based, including the calculation of any damages awarded.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between the Company and you individually. To the full extent permitted by law, 1) no arbitration or proceeding shall be joined with any other, 2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to use class action procedures, and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against the Company only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Introduction
Beanstox Investments Inc. dba CashTrax (the “Company”) provides for clients (each a “Client”) a simple smart money app designed to provide services (the “Services”) which include budgeting, expense tracking, and saving tips, through a mobile application the (“App”) and Company website (the “Website”, and collectively with the App, the “Platform”). The Platform aims to help Clients understand how they spend money, stay on top of their spending, and discover ways to save - without complicated spreadsheets or manual entry. Clients link their bank and credit card accounts, set their plan, and use the AI-powered App to access the Services, including to provide AI generated answers to some of our Clients’ money questions.
These Terms and Conditions (the “Terms”) constitute a legally binding agreement made between you (“you”, “User” or Client) and the Company, and any of its subsidiaries or affiliates concerning your access to, and use of, the Platform as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively with the Platform, the “Site”).
For the purposes of these Terms and other Company agreements, a user (“User”, and together with Client, “you”) is an individual who uses the Site to evaluate our services, or for educational purposes. Users can view all publicly available content on the Site. A Client is a User who opens an account (“Account”) with the Company via the App. Clients can access our Website and App as Users do, but can also create, access, manage and update their Accounts on the App.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Eligibility
The App is available to U.S. and Canadian residents.
You must be 18 or older to create and open an Account. Any Account creation by anyone under 18 is unauthorized and a violation of these Terms. By creating and using an Account, you represent that you are 18 or older. Please note that additional eligibility criteria may apply to certain Services offered through the Site. It is your responsibility to ensure you satisfy all of the minimum eligibility criteria before choosing to open an Account. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.
You agree to use the Site solely for your personal, non-commercial use, and will not attempt to interfere with the functioning of the Platform in any way.
Conditions of Use
By accessing the Platform, you agree that you will comply with all applicable rules and that you will:
· Not use automated data gathering or extraction tools to acquire, copy or monitor the App or any portion of the App;
· Not attempt to bypass or otherwise interfere with the security-related features of the App that would prevent or restrict the access or operation of the Company;
· Not attempt to use software viruses, files, programs or any other computer code to interfere with the access or operation of the Company or to gain access to any data, files, or password by hacking, data mining or any other means;
· Not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to operate the Platform; and
· Not make inappropriate use of the information provided on the Platform or in connection with the Company’s Services and take any other action which adversely affects the Platform, the Services, or the Company.
Clients will also:
· Use the Client's username or password (which are confidential) in a prudent manner;
· Not share an Account with anyone else; and
· Provide true and precise information during the Account registration process.
As a Client you are responsible for safeguarding your username and password information. You will notify the Company immediately if your password is stolen or if you suspect unauthorized use of you Account. You agree that you shall be solely responsible for any activities or actions under your Account, whether or not you have authorized such activities or actions. The Company reserves the right to delete or change your username and password at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Access to, and use of, password protected or secure areas of the Platform is restricted to authorized persons only. Unauthorized persons attempting to access these areas of the Platform may be subject to legal action.
Information Provided by Client
You agree to provide the Company with accurate, complete, and up-to-date contact information, which may include email address and mobile telephone number. You are responsible for the information you provide to us and keeping such information up to date. You must promptly update your Account in the event of any changes to information you have provided.
You authorize the Company, directly, or through third parties, to make any inquiries the Company considers necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality or other information which the Company deems necessary under applicable laws; or (iv) requiring you to take steps to confirm ownership of your email address. The Company reserves the right to terminate, suspend, or limit access to your Account and the Services in the event the Company is unable to obtain or verify any of this information.
Subscription Fees
Each Account is subject to a monthly subscription fee (the “Subscription Fee”). However, the Company is currently offering the Services for free, for a limited time until further notice.
The Company requires a connected bank account or debit/credit card (a “Payment Method”) for payment of the Subscription Fee. Once the Subscription Fee is in effect, Clients will be billed for Subscription Fees on a monthly basis in advance, starting on the date on which the Client opens an Account, and automatically repeating monthly until such time as the Client cancels the Account. An Account must be cancelled through the App in order for the Subscription Fee auto renewal to be cancelled. A Client’s access to the Account will cease at the end of the period for which the last Subscription Fee payment was received.
When you open an Account, you expressly acknowledge and agree that the Company (or our third-party payment processor) is authorized to charge you the Subscription Fee using the Payment Method until you cancel your Account.
You agree to immediately update your Payment Method details in the event of any change in your payment information. If the Company cannot charge your Payment Method for any reason (such as expiration or insufficient funds) on the Subscription Fee renewal date, and you have not canceled your Account, you remain responsible for any outstanding or unpaid amounts. The Company reserves the right to cancel your Account if the Company is unable to successfully charge your Payment Method, or if your Payment Method cannot be verified, is invalid, or is otherwise not acceptable. The Company also reserves the right to collect unpaid Subscription Fees from prior months along with the Subscription Fee due for a current month.
Stripe Payment Services
Stripe, or similar services, allows you to make your Subscription Fee payments. By using Stripe, or other similar service to pay for any Services, you are subject to their terms and conditions.
Cancellation and Refund Policy
Subscription Fees are monthly recurring charges. If you wish to cancel your Account, you MUST do so by cancelling via the App. Email or other form of communication requesting an Account closure will not be accepted. You must cancel a few days before your Subscription Fee is charged to avoid billing for the subsequent month. There are NO refunds for Subscription Fees.
Additional Fees
For the avoidance of doubt, the Company may charge additional fees for certain products or services. Any such additional fees or charges will be disclosed to you in advance of using any such product or service.
Third-Party Account Information
To use the Services, you may direct the Company to retrieve your financial account transaction history, balance information, or other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions (“Third-Party Account Information”). This includes information maintained by, or on behalf of, your bank or credit card companies.
The Company works with one or more third-party service providers to access this Third-Party Account Information. The Company uses this information to provide you with the Services, for our own internal business purposes, and to offer you other Company products and services that may be of interest to you. By using the Services, you authorize the Company to access this Third-Party Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your Third-Party Account Information to us. By agreeing to these Terms, you are also agreeing that you are responsible for keeping any password and username you provide to the Company so we can retrieve this Third-Party Account Information, and for keeping those passwords and usernames up to date in the App. The Company does not review the Third-Party Account Information for accuracy, legality or non-infringement, and the Company is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
Communications to be Provided in Electronic Form
The Company relies primarily on the Platform to interact with Users and Clients. In limited circumstances, the Company can rely on email and SMS communication to provide information to Users and Clients. By choosing to use the Site and the Services, you will receive electronically from time-to-time disclosures, notices, agreements, statements, and any other communications about the App and our Services electronically (“Communications”). You consent to receive these Communications. We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. By accepting these Terms, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
AI
The Company use artificial intelligence (“AI”) to generate material information communicated to user of the Platform. Because generative AI produces responses based on vast data inputs and lacks critical thinking, the Company can’t guarantee factual accuracy and the Platform may produce content that’s incorrect or misleading. Users and Clients should do their own research to complement, or verify the accuracy of, AI generated information.
Agreements
By accessing the Platform, as a User or Client, you enter into a series of legally binding agreements and you are agree to be bound by the terms of those agreements, including these Terms and the Company’s Privacy Policy [add link] (which covers how we collect, use, share and store your personal information), (collectively, the “Company Agreements”). Please take the time to read all such Company Agreements. If you do not agree to these terms, please do not use the Platform. The Company may, at any time, modify or supplement any Company Agreement and post the revised versions of all Company Agreements on the Website’s and App’s legal section. Any modifications will be effective immediately upon posting on the Platform. Users and Clients are responsible for regularly reviewing the Platform for changes to this Agreement and the other Company Agreements.
YOU ACKNOWLEDGE AND AGREE THAT ALL THE COMPANY AGREEMENTS, INCLUDING THESE TERMS, ARE GOVERNED BY THE BINDING ARBITRATION CLAUSE SET FORTH IN THESE TERMS.
The section below titled “Class Action Waiver” contains a binding class action waiver which affects your legal rights. Please read it carefully.
Intellectual Property
The Site contains material, such as videos, software, text, graphics, images, photographs, sound recordings, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Users have no rights in or to the Content, and you agree that you will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from the Company. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content anywhere for any purpose is expressly prohibited.
The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Company Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Account Termination
The Company is under no obligation to accept any individual as a Client and may accept or reject any Account registration in its sole discretion. The Company can also deactivate a Client’s Account at any time, in its sole discretion, for any reason. If the Company terminates an Account because of a Client's breach of the terms and conditions of any Company Agreement, the Company shall have no liability or responsibility to the Client.
The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and a User’s or Client’s access to all or any part of the Platform, at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability. Certain items shall survive the termination of the Company Agreements.
No Offers or Reliance; No Investment or Financial Advice
Users and Clients should note that NO information set forth on the Site should be construed as investment or financial advice. The Site is limited to the dissemination of general financial educational information, including educational materials, publications, and links. Accordingly, the publication of information on the Site should not be construed by any User or Client as the Company’s solicitation to effect, or attempt to effect, transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy securities or Services, or services of any of our affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law.
The Company is neither a law firm nor an accounting firm nor a tax adviser, and no portion of the Site should be interpreted as providing legal, accounting, or tax advice.
No Inside Information; No Guaranteed Results
The Company obtains information from a wide variety of publicly available sources. The Company does not have, nor does it claim to have, sources of inside or private information. The suggestions and references developed by the Company in connection with the Services are based upon the professional judgment of the Company, and the Company cannot and does not guarantee the results of any suggestions and references, including those generated by AI.
Disclaimer of Warranties
You understand and acknowledge that the data and other statements of facts are obtained from sources that the Company considers to be reliable but makes no warranty as to the accuracy of the information provided.
You hereby agree that access to and use of the Platform is at your sole risk. The Platform is provided on an "as is" and "as available" basis for your use, without warranties of any kind. The warranties hereby disclaimed include any warranty of merchantability or fitness for a particular purpose. The Company does not guarantee that you will be able to access or use the Platform, including the App if you are a Client, at times or locations of your choosing or that the Company will have adequate capacity for the Platform or its Services as a whole or in any specific geographic area. The Company makes no warranties of the quality of its Services and that it will meet your expectations or that such Services will be timely, secure or without error and that any errors will be immediately corrected.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
Links with Other Sites
The Site may provide links or references to websites or services that are maintained or provided by third parties. The Company is not responsible for and does not assume responsibility for any content or practice of any such site or service and makes no warranties of any kind in relation to such sites and services. Your use of any such site or service is entirely at your own risk. The Company provides such links and references solely as a convenience to you and not as an endorsement or approval of any content, practice, owner, or sponsor.
Limitations of Liabilities
You acknowledge and agree that in no event will the Company and its affiliates (or any of their officers, directors, employees, agents, successors, licensees, licensors, affiliates, suppliers, and assigns) be liable for any damages or any other person regarding any conduct, communication or content associated with the Platform or the Services. Moreover, in no case shall the Company and its affiliates (or any of their officers, directors, employees, agents, successors, licensees, licensors, affiliates, suppliers, and assigns) be liable for any indirect, special, incidental or punitive damages including, without limitation, those resulting from theft or loss of profits, data, use, business interruption, or other intangible loss relating in any way to your use of or inability to use the Platform, including the App if you are a Client.
Because some jurisdictions do not allow the exclusion or the limitation of certain categories of liability, the foregoing limitations shall apply to you only to the full extent permitted by applicable law.
The Company does not warrant or guarantee any third-party product or service offered through or in connection with the Platform or its services and will not be a party to, in any way, be responsible for monitoring any transaction between you and third-party providers of products or services.
Indemnification
You agree to defend, indemnify and hold harmless the Company and our officers, directors, employees, agents, successors, licensees, licensors, affiliates, suppliers, and assigns from and against all claims (including investigations and allegations that are not yet presented as litigation) and liabilities, losses and expenses, including attorneys' fees and costs, arising in connection with any breach of these Terms or any other Company Agreement. If you fail to provide a defense satisfactory to the Company, the Company may assume the defense and invoice you for the cost thereof, which invoice(s) you shall pay immediately upon presentation.
Feedback
Your feedback is welcome and encouraged. You may submit feedback by emailing us at info@cashtraxapp.com . You agree, however, that (i) by submitting unsolicited ideas to the Company or any of our employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of the Company. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to the Company together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights. Please note that we may record telephone conversations while providing our customer services. By accessing our Platform and communicating with us by telephone, you hereby consent to these recordings.
Compliance with Applicable Laws
The Company makes no claims concerning whether the content on the Platform may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Applicable Law
This Agreement and any action related thereto will be governed by the laws of Delaware without regard to its conflict of laws provisions.
Binding Arbitration
In the event of dispute relating to the Company Agreements, including these Terms, arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) pursuant to current JAMS Comprehensive Arbitration Rules and Procedures where appropriate. The Arbitrator’s award may be entered in any court having jurisdiction. The Arbitrator shall be authorized to award compensatory damages but shall NOT be authorized to award non-economic damages such as for emotional distress or suffering or punitive or indirect, incidental or consequential damages. Each party is responsible for their attorneys’ costs arising out of the arbitration and shall pay an equal share of the fees and costs of the Arbitrator and JAMS. The Arbitrator shall issue a written statement of the decision describing the factual findings and conclusions on which the award is based, including the calculation of any damages awarded.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between the Company and you individually. To the full extent permitted by law, 1) no arbitration or proceeding shall be joined with any other, 2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to use class action procedures, and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against the Company only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Introduction
Beanstox Investments Inc. dba CashTrax (the “Company”) provides for clients (each a “Client”) a simple smart money app designed to provide services (the “Services”) which include budgeting, expense tracking, and saving tips, through a mobile application the (“App”) and Company website (the “Website”, and collectively with the App, the “Platform”). The Platform aims to help Clients understand how they spend money, stay on top of their spending, and discover ways to save - without complicated spreadsheets or manual entry. Clients link their bank and credit card accounts, set their plan, and use the AI-powered App to access the Services, including to provide AI generated answers to some of our Clients’ money questions.
These Terms and Conditions (the “Terms”) constitute a legally binding agreement made between you (“you”, “User” or Client) and the Company, and any of its subsidiaries or affiliates concerning your access to, and use of, the Platform as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively with the Platform, the “Site”).
For the purposes of these Terms and other Company agreements, a user (“User”, and together with Client, “you”) is an individual who uses the Site to evaluate our services, or for educational purposes. Users can view all publicly available content on the Site. A Client is a User who opens an account (“Account”) with the Company via the App. Clients can access our Website and App as Users do, but can also create, access, manage and update their Accounts on the App.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Eligibility
The App is available to U.S. and Canadian residents.
You must be 18 or older to create and open an Account. Any Account creation by anyone under 18 is unauthorized and a violation of these Terms. By creating and using an Account, you represent that you are 18 or older. Please note that additional eligibility criteria may apply to certain Services offered through the Site. It is your responsibility to ensure you satisfy all of the minimum eligibility criteria before choosing to open an Account. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.
You agree to use the Site solely for your personal, non-commercial use, and will not attempt to interfere with the functioning of the Platform in any way.
Conditions of Use
By accessing the Platform, you agree that you will comply with all applicable rules and that you will:
· Not use automated data gathering or extraction tools to acquire, copy or monitor the App or any portion of the App;
· Not attempt to bypass or otherwise interfere with the security-related features of the App that would prevent or restrict the access or operation of the Company;
· Not attempt to use software viruses, files, programs or any other computer code to interfere with the access or operation of the Company or to gain access to any data, files, or password by hacking, data mining or any other means;
· Not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to operate the Platform; and
· Not make inappropriate use of the information provided on the Platform or in connection with the Company’s Services and take any other action which adversely affects the Platform, the Services, or the Company.
Clients will also:
· Use the Client's username or password (which are confidential) in a prudent manner;
· Not share an Account with anyone else; and
· Provide true and precise information during the Account registration process.
As a Client you are responsible for safeguarding your username and password information. You will notify the Company immediately if your password is stolen or if you suspect unauthorized use of you Account. You agree that you shall be solely responsible for any activities or actions under your Account, whether or not you have authorized such activities or actions. The Company reserves the right to delete or change your username and password at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Access to, and use of, password protected or secure areas of the Platform is restricted to authorized persons only. Unauthorized persons attempting to access these areas of the Platform may be subject to legal action.
Information Provided by Client
You agree to provide the Company with accurate, complete, and up-to-date contact information, which may include email address and mobile telephone number. You are responsible for the information you provide to us and keeping such information up to date. You must promptly update your Account in the event of any changes to information you have provided.
You authorize the Company, directly, or through third parties, to make any inquiries the Company considers necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality or other information which the Company deems necessary under applicable laws; or (iv) requiring you to take steps to confirm ownership of your email address. The Company reserves the right to terminate, suspend, or limit access to your Account and the Services in the event the Company is unable to obtain or verify any of this information.
Subscription Fees
Each Account is subject to a monthly subscription fee (the “Subscription Fee”). However, the Company is currently offering the Services for free, for a limited time until further notice.
The Company requires a connected bank account or debit/credit card (a “Payment Method”) for payment of the Subscription Fee. Once the Subscription Fee is in effect, Clients will be billed for Subscription Fees on a monthly basis in advance, starting on the date on which the Client opens an Account, and automatically repeating monthly until such time as the Client cancels the Account. An Account must be cancelled through the App in order for the Subscription Fee auto renewal to be cancelled. A Client’s access to the Account will cease at the end of the period for which the last Subscription Fee payment was received.
When you open an Account, you expressly acknowledge and agree that the Company (or our third-party payment processor) is authorized to charge you the Subscription Fee using the Payment Method until you cancel your Account.
You agree to immediately update your Payment Method details in the event of any change in your payment information. If the Company cannot charge your Payment Method for any reason (such as expiration or insufficient funds) on the Subscription Fee renewal date, and you have not canceled your Account, you remain responsible for any outstanding or unpaid amounts. The Company reserves the right to cancel your Account if the Company is unable to successfully charge your Payment Method, or if your Payment Method cannot be verified, is invalid, or is otherwise not acceptable. The Company also reserves the right to collect unpaid Subscription Fees from prior months along with the Subscription Fee due for a current month.
Stripe Payment Services
Stripe, or similar services, allows you to make your Subscription Fee payments. By using Stripe, or other similar service to pay for any Services, you are subject to their terms and conditions.
Cancellation and Refund Policy
Subscription Fees are monthly recurring charges. If you wish to cancel your Account, you MUST do so by cancelling via the App. Email or other form of communication requesting an Account closure will not be accepted. You must cancel a few days before your Subscription Fee is charged to avoid billing for the subsequent month. There are NO refunds for Subscription Fees.
Additional Fees
For the avoidance of doubt, the Company may charge additional fees for certain products or services. Any such additional fees or charges will be disclosed to you in advance of using any such product or service.
Third-Party Account Information
To use the Services, you may direct the Company to retrieve your financial account transaction history, balance information, or other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions (“Third-Party Account Information”). This includes information maintained by, or on behalf of, your bank or credit card companies.
The Company works with one or more third-party service providers to access this Third-Party Account Information. The Company uses this information to provide you with the Services, for our own internal business purposes, and to offer you other Company products and services that may be of interest to you. By using the Services, you authorize the Company to access this Third-Party Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your Third-Party Account Information to us. By agreeing to these Terms, you are also agreeing that you are responsible for keeping any password and username you provide to the Company so we can retrieve this Third-Party Account Information, and for keeping those passwords and usernames up to date in the App. The Company does not review the Third-Party Account Information for accuracy, legality or non-infringement, and the Company is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
Communications to be Provided in Electronic Form
The Company relies primarily on the Platform to interact with Users and Clients. In limited circumstances, the Company can rely on email and SMS communication to provide information to Users and Clients. By choosing to use the Site and the Services, you will receive electronically from time-to-time disclosures, notices, agreements, statements, and any other communications about the App and our Services electronically (“Communications”). You consent to receive these Communications. We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. By accepting these Terms, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
AI
The Company use artificial intelligence (“AI”) to generate material information communicated to user of the Platform. Because generative AI produces responses based on vast data inputs and lacks critical thinking, the Company can’t guarantee factual accuracy and the Platform may produce content that’s incorrect or misleading. Users and Clients should do their own research to complement, or verify the accuracy of, AI generated information.
Agreements
By accessing the Platform, as a User or Client, you enter into a series of legally binding agreements and you are agree to be bound by the terms of those agreements, including these Terms and the Company’s Privacy Policy [add link] (which covers how we collect, use, share and store your personal information), (collectively, the “Company Agreements”). Please take the time to read all such Company Agreements. If you do not agree to these terms, please do not use the Platform. The Company may, at any time, modify or supplement any Company Agreement and post the revised versions of all Company Agreements on the Website’s and App’s legal section. Any modifications will be effective immediately upon posting on the Platform. Users and Clients are responsible for regularly reviewing the Platform for changes to this Agreement and the other Company Agreements.
YOU ACKNOWLEDGE AND AGREE THAT ALL THE COMPANY AGREEMENTS, INCLUDING THESE TERMS, ARE GOVERNED BY THE BINDING ARBITRATION CLAUSE SET FORTH IN THESE TERMS.
The section below titled “Class Action Waiver” contains a binding class action waiver which affects your legal rights. Please read it carefully.
Intellectual Property
The Site contains material, such as videos, software, text, graphics, images, photographs, sound recordings, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Users have no rights in or to the Content, and you agree that you will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from the Company. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content anywhere for any purpose is expressly prohibited.
The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Company Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Account Termination
The Company is under no obligation to accept any individual as a Client and may accept or reject any Account registration in its sole discretion. The Company can also deactivate a Client’s Account at any time, in its sole discretion, for any reason. If the Company terminates an Account because of a Client's breach of the terms and conditions of any Company Agreement, the Company shall have no liability or responsibility to the Client.
The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and a User’s or Client’s access to all or any part of the Platform, at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability. Certain items shall survive the termination of the Company Agreements.
No Offers or Reliance; No Investment or Financial Advice
Users and Clients should note that NO information set forth on the Site should be construed as investment or financial advice. The Site is limited to the dissemination of general financial educational information, including educational materials, publications, and links. Accordingly, the publication of information on the Site should not be construed by any User or Client as the Company’s solicitation to effect, or attempt to effect, transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy securities or Services, or services of any of our affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law.
The Company is neither a law firm nor an accounting firm nor a tax adviser, and no portion of the Site should be interpreted as providing legal, accounting, or tax advice.
No Inside Information; No Guaranteed Results
The Company obtains information from a wide variety of publicly available sources. The Company does not have, nor does it claim to have, sources of inside or private information. The suggestions and references developed by the Company in connection with the Services are based upon the professional judgment of the Company, and the Company cannot and does not guarantee the results of any suggestions and references, including those generated by AI.
Disclaimer of Warranties
You understand and acknowledge that the data and other statements of facts are obtained from sources that the Company considers to be reliable but makes no warranty as to the accuracy of the information provided.
You hereby agree that access to and use of the Platform is at your sole risk. The Platform is provided on an "as is" and "as available" basis for your use, without warranties of any kind. The warranties hereby disclaimed include any warranty of merchantability or fitness for a particular purpose. The Company does not guarantee that you will be able to access or use the Platform, including the App if you are a Client, at times or locations of your choosing or that the Company will have adequate capacity for the Platform or its Services as a whole or in any specific geographic area. The Company makes no warranties of the quality of its Services and that it will meet your expectations or that such Services will be timely, secure or without error and that any errors will be immediately corrected.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
Links with Other Sites
The Site may provide links or references to websites or services that are maintained or provided by third parties. The Company is not responsible for and does not assume responsibility for any content or practice of any such site or service and makes no warranties of any kind in relation to such sites and services. Your use of any such site or service is entirely at your own risk. The Company provides such links and references solely as a convenience to you and not as an endorsement or approval of any content, practice, owner, or sponsor.
Limitations of Liabilities
You acknowledge and agree that in no event will the Company and its affiliates (or any of their officers, directors, employees, agents, successors, licensees, licensors, affiliates, suppliers, and assigns) be liable for any damages or any other person regarding any conduct, communication or content associated with the Platform or the Services. Moreover, in no case shall the Company and its affiliates (or any of their officers, directors, employees, agents, successors, licensees, licensors, affiliates, suppliers, and assigns) be liable for any indirect, special, incidental or punitive damages including, without limitation, those resulting from theft or loss of profits, data, use, business interruption, or other intangible loss relating in any way to your use of or inability to use the Platform, including the App if you are a Client.
Because some jurisdictions do not allow the exclusion or the limitation of certain categories of liability, the foregoing limitations shall apply to you only to the full extent permitted by applicable law.
The Company does not warrant or guarantee any third-party product or service offered through or in connection with the Platform or its services and will not be a party to, in any way, be responsible for monitoring any transaction between you and third-party providers of products or services.
Indemnification
You agree to defend, indemnify and hold harmless the Company and our officers, directors, employees, agents, successors, licensees, licensors, affiliates, suppliers, and assigns from and against all claims (including investigations and allegations that are not yet presented as litigation) and liabilities, losses and expenses, including attorneys' fees and costs, arising in connection with any breach of these Terms or any other Company Agreement. If you fail to provide a defense satisfactory to the Company, the Company may assume the defense and invoice you for the cost thereof, which invoice(s) you shall pay immediately upon presentation.
Feedback
Your feedback is welcome and encouraged. You may submit feedback by emailing us at info@cashtraxapp.com . You agree, however, that (i) by submitting unsolicited ideas to the Company or any of our employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of the Company. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to the Company together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights. Please note that we may record telephone conversations while providing our customer services. By accessing our Platform and communicating with us by telephone, you hereby consent to these recordings.
Compliance with Applicable Laws
The Company makes no claims concerning whether the content on the Platform may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Applicable Law
This Agreement and any action related thereto will be governed by the laws of Delaware without regard to its conflict of laws provisions.
Binding Arbitration
In the event of dispute relating to the Company Agreements, including these Terms, arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) pursuant to current JAMS Comprehensive Arbitration Rules and Procedures where appropriate. The Arbitrator’s award may be entered in any court having jurisdiction. The Arbitrator shall be authorized to award compensatory damages but shall NOT be authorized to award non-economic damages such as for emotional distress or suffering or punitive or indirect, incidental or consequential damages. Each party is responsible for their attorneys’ costs arising out of the arbitration and shall pay an equal share of the fees and costs of the Arbitrator and JAMS. The Arbitrator shall issue a written statement of the decision describing the factual findings and conclusions on which the award is based, including the calculation of any damages awarded.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between the Company and you individually. To the full extent permitted by law, 1) no arbitration or proceeding shall be joined with any other, 2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to use class action procedures, and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against the Company only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.