Receiptless Software Inc.
Terms and Conditions of Use
Receiptless Software, Inc. (doing business as “Spent”) and its affiliates (“Spent”) is a personal finance management system that allows the user (“You” or “Your”) to consolidate Your finances across bank accounts and credit cards and helps You track and analyze Your expenses (“Spent Services”). These Terms and Conditions of Use (“Terms of Service”) govern Your use of the Spent Services via (1) our mobile application (the “Application”); and(2) our website, https://www.spentapp.com (the “Site”).
YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING A SPENT ACCOUNT, INDICATING YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS, DOWNLOADING OR USING THE APPLICATION, SITE OR SPENT SERVICES, OR BY CREATING, DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT, AS DEFINED HEREIN, FROM, ON, OR THROUGH THE SPENT SERVICES, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY STOP USING THE APPLICATION, SITE, AND SPENT SERVICES. If You agree to these Terms of Service of behalf of a company, corporation, or other entity (“Corporate Member”), You represent, warrant, and affirm that You have the authority to bind the Corporate Member to these Terms of Service.
Account Registration and Personal Data
Account; Subscription Levels
Although Spent uses reasonable measures to protect Your account from unauthorized access or against loss, misuse or alteration by third parties, Spent cannot guarantee the security of the account. Therefore, You are solely responsible for maintaining the confidentiality of Your account login information, including the login name and password. If You become aware of any unauthorized use of Your account information or breach of security, You agree to notify Spent immediately. You further agree that in the case of such unauthorized use or breach, Spent will not be liable for any loss or damage resulting from any unauthorized use of your account or information.
Spent offers unpaid Spent Services to users, but may, from time to time, make available paid subscription upgrades, such as our Pro upgrade. Users, including Corporate Members, choosing paid subscription upgrades will receive access to certain exclusive features, details of which will be made available in the documentation provided in connection with the offer and may be subject to additional terms and conditions which we will require you to agree to in order to access or use those additional services. These additional terms and conditions will include, but will not be limited to, You agreeing to be billed through monthly recurring charges for Your subscription and to keep Your billing account information current and complete. If You are an individual using Spent through a Corporate Member, You might be also be subject to the Corporate Member’s separate policies and procedures.
In order to use Spent Services on Your mobile device, You are required to download the Application. In order to ensure continuity in service and an optimal user experience, You must install and download software updates as they become available. Your use of Spent Services may be subject to the terms of Your agreements with Your mobile device manufacturer, Your carrier, Your app store, and other third parties.
Subject to your acceptance of these Terms of Service, Spent grants You a personal, limited, non-exclusive, revocable, non-sublicensable, non-transferable license to electronically access, download, install and use Spent Services, the Site and/or the Application. You may not: 1) copy (other than for Your personal or business use and records as explained herein) , reproduce, alter, modify, republish, create derivative works from, reverse engineer, or otherwise distribute any material or information from Spent; 2) transfer any of Your rights under this agreement to a third party, or permit a third party to access, use or monitor any material or information on Your behalf or through Your Spent account, including any robot, spider, scraper, deep link, or similar automated data gathering or extraction tools, program, algorithm, or methodology; 3) bypass or circumvent any of the technical limitations of the Spent Services, except to the extent that such restriction is expressly prohibited by law; or 4) take any action that would interfere with the proper working of Spent Services. However, You may authorize a third party employee, consultant or agent of the Corporate Member you represent to access or use the Spent Services on your behalf.
Spent reserves the right to suspend or terminate Your account and use of Spent Services at any time, with or without cause, including for inactivity; provided, however, that prior to termination for inactivity, Spent will provide users with reasonable notice of termination. Users in receipt of such termination notice will have the option to resume their use and keep their account open, or to close the account.
Termination may include deactivating Your username and password, and refusing Your future access to Spent Services. At any time, You may discontinue Your use of Spent Services and close Your account by contacting us or following the instructions to deactivate on the Application or the Site.
We reserve the right to delete all Your information and account data stored on our servers, and Spent shall not be liable to You or any third party for termination or suspension of access to Spent Services or for deletion of Your information or account data.
As part of the Spent Services, the Site or the Application may contain links to third-party websites, advertisers or services that are not owned or controlled by Spent. By use of those third-party websites, You agree that Spent will not be liable or responsible for the availability or accuracy of such websites, or the content, products, or services available from such websites. Your dealings with such third parties are solely between you and those third parties, and you agree to assume all responsibility, risk, and liability for your interactions with those websites. We strongly encourage you to read the applicable privacy policies and terms of conditions of such websites before utilizing their services as You agree to expressly hold Spent harmless from any and all liability from your use of those third-party websites, advertisers or services.
Card-Linked Offers and Cashback Program
Users of certain Spent Services may be eligible to earn discounts and rebates based upon transactions with participating merchants (“Cashback”) and to receive card-linked offers. Cashback may be earned through card-linked purchases or on qualifying purchases initiated through the Application or Website, subject to applicable specific offer rules. Users expressly agree that the terms of the Cashback program and card-linked offers are subject to change at any time. Information about Cashback percentages are available to You at the time of purchase, and You can also review the Cashback percentages within Spent Services.
Card Registration and Authorization for Transaction Monitoring
To participate in the Cashback program and other card-linked offers, You must register a payment card for transaction monitoring. In registering a payment card, You authorize transaction monitoring and for Your information to be shared with Spent’s third party service providers (e.g. Empyr, Inc.) (“Third Party Service Providers”), which facilitate certain Spent Services, and payment card network providers (e.g. Visa, MasterCard, American Express) (“Payment Card Network Providers”).
Please note that not all Payment Card Network Providers are eligible for registration and not all transactions with Your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. Without limitation, Visa, MasterCard and American Express Corporate cards, Visa, MasterCard and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system and/or American Express payment system are not eligible to participate. Do not use a Personal Identification Number (PIN) when paying for Your purchases with Your payment card if You want the transaction to be eligible for rewards or offer completion.
Third Party Service Providers Exclusivity
To the extent that Spent uses Empyr as its Third Party Service Provider to facilitate Your use of its card-linked offers, Your payment card may only be enrolled in one program operated by Empyr. Any linked payment card which is already enrolled in a program other than through Spent may not be used to participate in Spent’s programs through Empyr until the card is deactivated from the other program.
Cashback will be processed and returned by participating merchants (i) directly from the merchant to You, or (ii) to Spent. Payments returned directly from the merchant to You may be subject to certain transaction minimums. Spent will remit Cashback balances to the accountholder upon request in dividends of not less than $20 per transaction subject to the provisions of Section 5 below.
Cashback and Account Termination
In the event of termination of Your account for cause, including, without limitation, due to fraud or misuse of Spent Services, Spent reserves the right to cancel any Cashback balances accrued in Your account. You are also free to terminate Your account at any time. In the event of Your voluntary termination of Your Spent Services account, or a termination of Your account by Spent without cause, You have a period of thirty (30) days from the date of Your termination, or, in the case of Spent’s termination of Your account, from the notice of such termination, to request a payout of the Cashback rewards, provided that such Cashback balance exceeds twenty dollars ($20). Any Cashback balance amount under twenty dollars will not be payable in the event of termination of Your account for any reason.
Limitation of Liability
SPENT WILL NOT BE LIABLE TO YOU FOR COMPENSATION, REIMBURSEMENT, OR DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHERWISE, IN CONNECTION WITH YOUR USE OF THE SPENT SERVICES, SITE OR APPLICATION, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY TERMINATION, SUSPENSION, OR INTERRUPTION OF THE SPENT SERVICES, SITE OR APPLICATION, ANY DISCLOSURE OF INFORMATION OR FAILURE TO TRANSMIT DATA TO THIRD PARTIES, OR ANY FAILURE OF ANY THIRD PARTIES TO REMIT TO YOU OR SPENT CASHBACK REWARDS ACCRUED IN CONNECTION WITH YOUR USE OF ANY SPENT SERVICES, SITE OR APPLICATION.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPENT AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, DAMAGES, JUDGMENTS, AND PENALTIES, INCLUDING ANY ATTORNEYS’ FEES, ARISING OUT OF ANY CLAIM, ACTION, INQUIRY, OR OTHER PROCEEDING THAT ARISES OUT OF YOUR USE OF SPENT SERVICES, THE SITE OR THE APPLICATION, ANY ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT, YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, YOUR VIOLATION OF APPLICABLE LAW OR REGULATION, OR ANY UNAUTHORIZED ACCESS OR BREACH OF DATA SECURITY CAUSED BY YOU.
Right to Amend; Notices
Spent reserves the right to modify the terms of these Terms of Service at any time, and to change, discontinue, disable or terminate any conditions, features, or aspects of the Spent Services at any time, in our sole discretion, with such notice as we deem to be reasonable under the circumstances.
Spent may provide notice to You of these modifications by posting it on our Site or the Application, or via email, or mail, using the personal contact information associated with Your account. Such notice shall be considered to be received by You within 24 hours of the time it is posted on our Site or Application, or sent to You via email. If the notice is sent by mail, the notice is considered to have been received by You three (3) business days after it is sent. If such notice pertains to a modification of the Terms of Service, we will also include the “Last Updated Date” at the top of the current Terms of Service.
By continuing to use the Spent Services after we have provided notice of a modification, You are indicating that You agree to be bound by the modified Terms of Service. If You do not consent, or at any time withdraw Your consent, to receive notices from us, we reserve the right to terminate Your account. If the modified Terms of Service are not acceptable to You, please stop using the Spent Services, Site, and Application.
Certain portions of the Spent Services such as our subscription upgrades may, or in the future, have different terms and conditions posted on the Site or may require you to agree to additional terms and conditions. If there is a conflict between these Terms of Service and terms of service posted pertaining to those other services pertaining to a portion of the Spent Services, those additional terms of service shall be controlling.
Notices to Spent must be sent to Receiptless Software Inc., 1460 Broadway, New York, NY 10036 USA.
The Site and the Application, including, but not limited to any software, text, blog, graphics, logos, trademarks, trade dress, images, icons, payment terms, operation, functionality, pricing, swiping, and other “look and feel” elements, are considered the proprietary and confidential intellectual property of Spent or its licensors. You may not use, reverse engineer, decompile, distribute, license, sell, transfer, copy, alter, modify, create derivative works of Spent’s intellectual property or permit any third party use, without Spent’s prior written consent. Further, You agree that Spent owns all right, title, interest and goodwill in the Spent Services, the Site, and the Application (subject to the terms of any applicable third party agreement), and that you will not use Spent Services in any way that could violate restrictions contained herein. Spent also recognizes that at times, we will be in receipt of Your intellectual property such as your logos, trademarks or marketing designs. You or the associated Corporate Member shall retain all right, title, and interest to Your intellectual property; provided, however that You grant Spent a worldwide, royalty-free, non-exclusive license to use Your intellectual property to provide the Spent Services.
Subject to the provisions herein, You shall retain all right, title and interest in and to all content you transmit to Spent, including, but not limited to, any images, photos, files, graphics, logos, text, credit card statements, banking statements, expense reports, financial information or other information transmitted to Spent (“Content”). Notwithstanding the foregoing provisions, you agree that upon your submission of any Content to Spent, a Corporate Member or any other user for financial recordkeeping, that You hereby grant to Spent a worldwide, royalty-free, non-exclusive license to use data to provide, maintain, or improve Spent Services, or to provide You with products or promotions that we believe would be of interest to You. Additionally, upon submission of an expense report to a Corporate Member, you all agree to transfer all right, title and interest in that data to that Corporate Member provided that such Corporate Member also hereby grants You a personal, limited, non-exclusive, revocable, non-transferable license to maintain and utilize copies of such transferred data for personal recordkeeping purposes.
You agree not to post, upload or transmit any Content that is defamatory, obscene, offensive, false, misleading, deceptive, incites violence, promotes illegal or harmful activities or infringes the intellectual property rights of others, including the rights of publicity and privacy; engage or encourage any conduct that would violate any applicable law or regulation; access or tamper with the Spent Services, Site or Application; use metatags or attempt to gain unauthorized access to Spent’s systems or information, including its third party partners, users or Corporate Members, including, but not limited to their mobile devices or financial records; attempt to test the vulnerability or breach any security or authentication measures of Spent, its third party partners, users or Corporate Members; avoid, bypass, deactivate, impair, or otherwise circumvent any technological measure implemented by Spent or any third party; send unsolicited or unauthorized advertising or promotional materials, email, junk mail or junk messages, spam, or other forms of solicitation to Spent, any third party partner, or any user; use or disclose any Spent confidential or proprietary information unauthorized by these Terms of Service; use the Spent Services, the Site or the Application for any commercial purpose other than what is expressly allowed under these Terms or Service; interfere with or attempt to interfere with the access or use of any user, Corporate Member, or third party partner, including, but not limited to utilizing a virus, spam, or overloading the Spent Services; collect or store any personal information pertaining to a user, third party partner or Spent employee without their express permission; misrepresent your affiliation with Spent, a user or third party partner; or encourage, aid, or abet any person or company to do any of the actions prohibited above. If Spent believes that a person or company has taken any of the prohibited actions, Spent retains the right to investigate and take required actions, including termination, suspension, or disabling Your account, as it deems necessary. Spent may also involve or cooperate with law enforcement authorities in prosecuting those who violate these Terms of Service. By agreeing to these Terms of Service, You agree that Spent has no duty to monitor your access or use of Spent Services, and will not be liable to You for any prohibited action, as stated in Section 8.
You are solely responsible for ensuring that Your use of Spent Services is in compliance with applicable federal, state, and local law and regulation. Under Unites States law, financial information may be considered sensitive personal information and should be treated as such. Financial information is subject to numerous regulations applicable both to general data and specifically financial data, and You are expected to adhere to these regulations and take appropriate precautions. These Terms of Service are void where prohibited by law.
Representations and Warranties
By accepting these Terms of Service, You represent that You are at least eighteen (18) years of age, are eligible to register for and use the Spent Services, and have the ability to enter into and perform Your obligations under this Agreement. You further represent and warrant that You have provided, and will continue during the course of Your use of Spent Services, to provide to us accurate, current, and complete personal data pertaining to yourself or the Corporate Member for which you are an administrator, including with respect to any certification required to receive targeted offers related to alcohol or other activities with age requirements imposed by applicable law. If you are accepting these Terms of Service on behalf of a Corporate Member, You further warrant that You have the authority to bind the Corporate Member to these Terms of Service.
SPENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SPENT SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPENT DOES NOT WARRANT THAT THE SPENT SERVICES ARE: ACCURATE, RELIABLE, OR CORRECT; WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE AT ANY PARTICULAR TIME, UNINTERRUPTED, OR SECURE; THAT ANY ERRORS WILL BE CORRECTED; OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS A USER, YOU CERTIFY THAT YOU WILL TAKE FULL RESPONSIBILITY FOR THE USE OF THE SPENT SERVICES.
Not a Financial Planner, Broker, or Tax Advisor
Spent is not a financial planner, broker, lawyer, or tax advisor, and therefore does not provide legal, tax, or financial advice, and is not intended to replace the professional services of any such providers. Spent Services are intended only to as a tool to assist You or the Corporate Member in management and organization of Your finances and expenses, and may not be appropriate in any particular case.
If you have downloaded or access the Application on or through your mobile device, you agree to abide by all terms of service as mandated through your provider and your App store.
This agreement and Your use of the Spent Services will be governed by New York law, without regard to any conflicts of law principles.
Resolution of Disputes; Waiver of Jury Trial; Fees
The state and federal courts located in New York County, New York will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms of Service, or their formation as a contract between us or their enforcement. You hereby consent and submit to the exclusive jurisdiction of such courts. You hereby waive any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms of Service. In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
Entire Agreement, No Waiver
These Terms of Service constitute the entire agreement between You and Spent regarding the Spent Services expressly provided herein and replace all prior understandings or agreements between You and Spent. The failure of Spent to enforce any provision of this agreement does not constitute a waiver of any other provision, all of which shall remain valid and in full force and effect.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law.
If you need help, have suggestions, or would like to contact us, you may contact us at: Receiptless Software Inc., 12 East 49th street, New York, NY 10017 USA or via email at [firstname.lastname@example.org].