These Terms of Use ("Terms of Use") constitute a legal agreement between You, and Link Financial Wellness, LLC ("Company," "we," or "us") with respect to your access to and use of the Company's platform, tools, application, data, software, and services comprising the Company's mobile application, Link (the "App"). Your access to and use of the App is subject to the terms and conditions set forth herein and in those additional guidelines, rules, and operating policies that the Company may establish and makes available on or through the App, from time to time, including, but not limited to, the Company’s privacy policy, all of which are incorporated herein by reference (collectively, the “Policies”). Additionally, the terms and conditions set forth herein apply to any graphics, documents, research, files, communications, and software associated with the App. By using the App, you agree to be bound by each of the terms and conditions set forth herein.
Please read the Terms of Use carefully before you start to use the App. By accepting this agreement, or by checking the box on the App in connection with the Terms of Use or by otherwise and accessing and using the App, you accept and agree to be bound and abide by each of the terms and conditions set forth in the Policies. If you do not agree to the Policies, you will not be allowed to access or use the App.
Subject to the terms and on the conditions set forth in this Terms of Use, during the Term (as defined below), you have the limited, personal, non-exclusive, and non-transferable rights to access and use the App in the Territory (as defined herein) solely for your own internal business purposes in accordance with the App's intended use. The Company reserves all other rights in the applicable software not granted to you in writing in this agreement. If you violate the Policies, your authorization to use the App terminates automatically. In the event of such termination, any and all materials printed or downloaded from the App must be immediately destroyed. In this Terms of Use, “Territory” means the United States of America.
To access and/or use the App, you acknowledge and agree:
If you do not meet all of these requirements, you must not access or use the App. These Terms of Use are effective as of the date that you first begin to use the App. You agree that your access and use of the App is neither contingent upon the delivery of any future functionality or features, nor is it dependent upon any oral or written comments made by the Company with respect to future functionality or features.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.
Your continued use of the App following the posting of updated Terms of Use will be considered your understanding of, and agreement, to the updated terms.
You agree that the Company may use and maintain your personal information according to the Company's Privacy Policy and any changes published by the Company.
To the extent we allow you to input personally identifiable information about other individuals other than yourself, you represent and warrant that you have complied with all applicable laws and received the proper authority or consent to allow us, or third-parties, to collect and process such information to operate our business, in accordance with our Privacy Policy.
Mobile versions of our App may be available for download, but you must follow applicable third-party terms when using them.
The App may be available through one or more mobile app marketplaces for a compatible mobile device. You agree that you are solely responsible for any applicable changes, updates and fees as well as complying with the provisions of your agreement with your telecommunications provider and any third-party mobile app marketplace.
Financial Institutions: The App uses Plaid, Inc. ("Plaid") to gather your data from your designated financial institutions. By using the App, you grant the Company and Plaid the right, power, and authority to act on your behalf to access, transmit, and display your personal and financial information from your accounts at your designated financial institution.
By using this App, you agree to your personal and financial information being accessed, transferred, stored, and processed by Plaid in accordance with the Plaid End User Privacy Policy located at: https://plaid.com/legal/#end-user-privacy-policy and the Plain End User Services Agreement located at: https://plaid.com/legal/#end-user-services-agreement-us.
When you use third-party services (like when you use Plaid to access your designated financial accounts) or websites that are linked through our App, the providers of those services or products may receive information about you that the Company, you, or others share with them. Please note that when you use third-party services (such as Plaid) which are not governed by our Policies, their own terms of use and privacy policies will govern your use of those services and products.
When you direct the Company to retrieve your account information from third parties, such as Plaid, you grant the Company a limited power of attorney to access the third-party services to retrieve such account information. The Company will be acting as your agent and will not be acting on behalf of the third party.
The Company does not review third party account information for accuracy and is not responsible for any issues or expenses resulting from such financial account information, including any inaccuracy, error, delay, or non-delivery. For clarity, the Company is not responsible for any errors or fees with respect to any financial transactions arising from inaccurate account information provided by third parties.
This is an agreement for services, and you are not granted any license hereunder. All materials, all software embedded in the App, all right, title and interest in and to the App, including, without limitation, in and to the Company's owned or controlled graphics, logos and trademarks, applications, multimedia content, or other information, and the look, feel, layout and organization of the Site (collectively the “Materials”) and services available on this App are the sole property of the Company and/or its licensors. By using this App and the information contained within it, you acknowledge that any unauthorized or uncited use of the Materials risk violating copyright, trademark, patent, and intellectual property laws.
These Terms of Use permit you to use the App for your personal, non-commercial use only.
You must not:
You must not access or use for any commercial purposes any part of the App or any services or Materials available through the App.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App or Materials in breach of the Terms of Use, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the Materials you have made. No right, title, or interest in or to the App, the Materials, or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company and its licensors. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company names, the Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners and you must not use such trademarks without the prior written permission of their respective owners.
You are solely responsible for anything you submit, receive, share, and store on or through the App, or any data you input into the App (collectively, your “Content”). Content includes, but is not limited to, data, information, materials, or text, that are uploaded, transmitted, generated, stored, or otherwise made available on or through the App. You have no obligation to provide any Content to the App, and you’re free to choose the Content that you want to provide. You acknowledge certain functionality in the App may be dependent on the provision of Content and may not be available without such Content.
Your Content remains yours, which means that you retain any intellectual property rights that you have in your Content. By sharing your Content on the App, you hereby grant Company a license to use your Content, as described in more detail below.
Company may collect, derive, or generate deidentified and/or aggregated data regarding your usage of or the performance of the App, including data derived from your Content. Company will own all such data and may use this data without restriction, including, but not limited to, operating, analyzing, improving, or marketing Company's products and services, including the App.
As between you and the Company, Company and its licensors retain all right, title or interest in and to the App, except for the rights granted to you.
You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:
Additionally, you agree not to:
The Company may terminate your use of the App based on our reasonable suspicion that your activities, business, or products are objectionable or promote, support, or engage in any of the prohibited uses described above.
The Company may (but has no obligation to) monitor the use of the App or Content and may edit or remove any Content. We may disclose any information necessary to satisfy our legal obligations, protect the Company or its customers, or operate the App properly.
You may provide the Company with your feedback, suggestions, or ideas for the App. You grant the Company a perpetual, worldwide, full transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use your feedback, suggestions, and ideas in any way, including in future modifications of the App, other products or services, advertising, or marketing materials.
We may include new and/or updated pre-release and trial features in the App and such features are provided as-is. Your use of such features is at no additional cost, but you must follow additional rules or restrictions that we may place on their use.
You may cancel your account and the Company may suspend or terminate your use of the App. Removing the App may not cancel your subscription or delete your data.
This agreement is effective until your subscription expires, or you cancel your account, or the Company terminates this Terms of Use (or your account).
Upon expiration of your subscription or cancellation of your account, or the Company's termination of your account or this agreement, you must immediately stop using the App.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the App. YOU AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM THE ACTIONS TAKEN BY LAW ENFORCEMENT AUTHORITIES OR COURTS WITH APPROPRIATE JURISDICTION ("LEGAL AUTHORITIES") OVER YOU OR THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH LEGAL AUTHORITIES.
We do not undertake to review any information before it is displayed on the App and cannot ensure prompt removal of inaccurate information in the event it is displayed. Accordingly, we assume no liability for any information provided by any third-party service provider and/or displayed on the App. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: the App is provided by Link Financial Wellness, LLC. If you have any questions, concerns, or complaints regarding the App, please contact the Company, by either sending: (i) an email to info@linkfinancialwellness.com; or (ii) a letter, first class certified mail, to Link Financial Wellness, LLC, 2028 Henniker Street, Apex, North Carolina 27523. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Any computer system, service, or electronic device, whether it is yours, an internet service provider's, a mobile network operator's, or ours, can experience unanticipated outages, slowdowns, or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations, and other problems, you may experience difficulty accessing the App or communicating with us through the internet or other electronic and wireless services. The App may be unavailable during system maintenance, for security precautions, or when interrupted by circumstances beyond our control. The Company will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to any of the foregoing or for any other unforeseen events that are beyond the Company's reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action.
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other authorized user of the App, or by anyone who may be informed of any of its contents.
This App may include content provided by third parties, including information and content from Plaid and/or your designated financial institutions. All statements and/or opinions expressed in these materials, and all responses to inquiries and/or requested information, and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, including Plaid and/or your designated financial institutions.
We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this App is subject to our Privacy Policy. By using the App and/or agreeing to these Terms of Use, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
If the App contains links to other sites and resources provided by third parties, including Plaid and/or your designated financial institutions these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The following Sections will survive any termination, discontinuation or cancellation of the App or your account: Section 4 ("Your Personal Information"), Section 10 ("Content and Data"), Section 12 ("Feedback"), Section 14 ("Monitoring and Enforcement; Termination") Section 27 ("Disputes"), Section 24 ("Disclaimers"), Section 25 ("Limitation of Liability") Section 26 ("Indemnification Obligations"), Section 16 ("Force Majeure"), and Section 28 ("General Terms (Miscellaneous)").
In order to properly support and serve you, we may occasionally need to reach out and contact you, and may do so in a variety of ways such as via text message, email, or notifications in the App. We want to provide you options for receiving communications from us, and as such you may opt-out of receiving certain types of communications from us. You will need to notify us of any changes to your contact details to ensure your preferences are updated.
WE DON'T MAKE ANY WARRANTIES ABOUT THE APP EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. YOU HEREBY AGREE YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT YOU WILL BE RESPONSIBLE SOLELY FOR ANY DAMAGE OR LOSS TO YOU OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APP AND/OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE DOWNLOAD OF FILES, SOFTWARE AND/OR ANY GRAPHICS OR OTHER CONTENT. THE ONLY WARRANTIES WE MAKE ABOUT THE APP ARE (A) EXPLICITLY STATED IN THIS TERMS OF USE, OR (B) PROVIDED UNDER APPLICABLE LAWS. THE APP IS OTHERWISE PROVIDED “AS-IS,” AND "AS AVAILABLE," AND WE DO NOT MAKE ANY OTHER WARRANTIES ABOUT THE APP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIM ALL REPRESENTATION AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP IS ERROR-FREE, SECURE, OR FREE FROM ANY VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE APP OR THIRD PARTY CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APP OR THAT DEFECTS IN THE APP WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE APP, WHICHEVER IS SOONER.
THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OF THE ACCOUNT DATA OBTAINED FROM THIRD-PARTY DATA SOURCES THAT ARE DISPLAYED OR REPORTED THROUGH THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT IT WILL BE ABLE TO RETRIEVE YOUR ACCOUNT DATA FROM ANY THIRD-PARTY DATA SOURCE. IF YOU BELIEVE ANY ACCOUNT DATA IS INACCURATE OR OUTDATED, YOU SHOULD CONTACT THE APPLICABLE THIRD-PARTY DATA SOURCE. ANY INFORMATION PROVIDED BY OR THROUGH THE APP DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, LEGAL, ACCOUNTING, TAX, OR OTHER ADVICE.
IN NO EVENT WILL THE COMPANY, OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, LOST PROFITS, REMOTE, COVER, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, RESULTING FROM THIS TERMS OF USE OR THE USE OR THE INABILITY TO USE THE APP, OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE OR BUSINESS OPPORTUNITY OR LOSS OF DATA, GOODWILL OR ANTICIPATED SAVINGS, EVEN IF THE COMPANY AND/OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER THE COMPANY NOR ITS REPRESENTATIVES SHALL HAVE ANY LIABILITY TO YOU FOR ANY ACTION OF ANY THIRD PARTY OR ANY THIRD PARTY-PUBLISHED CONTENT. THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CLAIMS ARISING OUT OF THIS TERMS OF USE AND/OR FROM THE USE OF THE APP, OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. No claim may be asserted by you against the Company more than twelve (12) months after the termination or expiration, as applicable, of this Terms of Use.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys' fees) arising out of or relating to: (i) your breach of any term or condition, or of any of your representations or warranties, set forth in this Terms of Use and/or the Policies; (ii) any interactions with a third-party, including Plaid or your designated financial institutions; (iii) any content accessed by you or through your Account; and/or (iv) your violation of applicable law.
The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by the Company in the defense of any claims.
If an unaffiliated third party asserts a legal claim or action against you caused by the App's infringement of such third party’s patent or copyright, the Company and/or its licensors will defend you against such legal claim or action and pay any claims, liabilities, damages, judgments, awards, losses, costs, or expenses finally awarded by a court against you or included in a settlement approved by the Company, provided you promptly: (i) notify the Company in writing of such claim or action; (ii) you supply to the Company information the Company requests about such claim or action; and (iii) you allow the Company to control, and reasonably cooperate in, the defense and settlement of such claim or action, including mitigation efforts. Notwithstanding the foregoing, you understand the Company has no liability for any claims, liabilities, damages, judgments, awards, losses, costs, or expenses, to the extent based on non-Company products and services and items not provided by the Company.
If your use of the App is, or is likely to be, enjoined, or if necessary to avoid liability hereunder, as determined by the Company at its sole discretion, the Company may, at its sole discretion: (i) procure for you the right to continue using the affected parts of the App; (ii) replace or modify the affected parts of the App so that your use becomes non-infringing; and/or (iii) terminate your right to use the App.
In the event we are unable to resolve any dispute through an informal dialogue, a third-party arbitrator will help us resolve any disputes we might have, and any disputes will be resolved on an individual basis rather than as a class action.
Any dispute or controversy arising under, out of, or in connection with this Terms of Use shall be resolved by binding arbitration under the then current Commercial Arbitration Rules of the American Arbitration Association (including the expedited procedures and optional rules for emergency measures of protection thereunder) before a single arbitrator. Any such arbitration shall be conducted in Raleigh, North Carolina. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties hereto or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, the Company shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of North Carolina, to which jurisdiction, for such purpose, you hereby irrevocably consent. All rights and remedies hereunder are cumulative.
The laws of North Carolina govern this agreement and any disputes that may arise out of or relate to the App, this Terms of Use, and the Policies, regardless of conflict of laws rules.
You are allowed to use the App under the laws of the U.S. and other applicable territories. The App shall not be exported to countries that are embargoed by the U.S. government, including, but not limited to, Cuba, Iran, North Korea, Sudan, or Syria.
You agree that you and anyone who uses the App, including the related website, online services, and mobile apps, are not prohibited from using the App under the laws and regulations of the United States or other applicable jurisdiction. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or any other similar prohibition. You acknowledge that the App may be subject to restrictions under applicable U.S. export control laws and regulations. You agree that you will comply with these export control and sanctions laws and regulations and will not transfer or provide any part of the App, in violation of these laws and regulations, directly or indirectly.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Company may assign this Terms of Use to any party at any time without notice to you. You may not assign your rights under this agreement, by operation of law or otherwise, without our consent. Any attempts to do so without our consent will be void.
The Terms of Use and our Policies constitute the sole and entire agreement between you and the Company, regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
This App is operated by Link Financial Wellness, LLC, 2028 Henniker Street, Apex, North Carolina 27523.
All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to: info@linkfinancialwellness.com.
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