Terms of Service
General Terms
These Terms of Use and Additional Terms and Conditions (“Agreement”) set forth the terms and conditions that apply to your access and use of the fiflow.io and mobile App (“Fiflow”) as owned and operated by Fiflow Inc., collectively the “Services”.
Fiflow is intended ONLY for users in the United States, and its use is governed by US law.
As used in this Agreement, the term “Sites” includes all Fiflow.io and Bill Pay Services websites, pages that are associated or within each website and all devices, applications or services that Fiflow operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and Fiflow Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.
Accepting the Terms
By using the information, tools, features, software and functionality including content, updates and new releases provided by Fiflow, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Fiflow.io website), or a “Member” (which means that you have registered with fiflow.io). The term “you” or “User” refers to a Visitor, or Member. The term “we” refers to Fiflow. If you wish to become a Member, communicate with other Members, or make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You may not use the Fiflow and you may not accept this Agreement if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Fiflow.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Synapse is a backend software provider for Fiflow, and partners with financial institutions to provide FDIC insurance. Synapse’s API, and their relationship with financial institutions, enables us to offer banking services and products. By agreeing to Fiflow’s TOS and Privacy Policy, you also agree to Synapse’s terms and policies, available at: https://synapsefi.com/tos. Furthermore, by agreeing to Fiflow’s TOS and Privacy Policy, you agree to the Privacy Policy of Synapse’s partner banking institution Evolve Bank & Trust, Member FDIC, available at: https://synapsefi.com/evolve-privacy.
Privacy and your Personal Information
You can view Fiflow Privacy Statement here and on the Site for the Services. You agree to the applicable Fiflow Privacy Statement, and any changes published by Fiflow. You agree that Fiflow may use and maintain your data according to the Fiflow ’s Privacy Statement, as part of the Services. You give Fiflow permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Fiflow services. For example, this means that Fiflow may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Fiflow may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
Description of the Services
The Fiflow Service is a personal finance information management service that allows you to consolidate and track your financial information. The Fiflow Service is provided to you by Fiflow without charge (it is free) and is meant to provide you with your information to allow you to organize and manage your finances.
For an optional premium fee of between $3 and $12 per month, you may access Fiflow Premium Service.
You may choose the price you pay for Fiflow Premium Service, with no change in service or functionality in Premium features or services. Fiflow Premium Service features include access to Smart Savings, unlimited budgeting categories, custom spend categories, realtime account balance updates, premium chat, and subscription cancellation concierge.
The Services may also present you information relating to third party products or services (“ Fiflow Offers”), as well as provide you general tips, recommendations and educational material.
Account Information from Third Party Sites
Users may direct Fiflow to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Fiflow works with one or more online service providers to access this Account Information. Fiflow makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Fiflow is not responsible for the products and services offered by or on third-party sites.
Fiflow cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Fiflow cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
Fiflow Offers and Third-Party Links
Some parts of the Services are supported by sponsored links from advertisers and display Fiflow Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We will always disclose when a particular Fiflow Offer is sponsored.
In connection with Fiflow Offers, the Services will provide links to other web sites belonging to Fiflow advertisers and other third parties. Fiflow does not endorse, warrant or guarantee the products or services available through the Fiflow Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Fiflow is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Fiflow does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Sites are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.
If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policy.
Your Registration Information
In order to allow you to use the Services, you will need to sign up for an account with Fiflow. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Fiflow cannot verify your identity, we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Sites. That LoginID and password form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Site, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Fiflow immediately at the email address – [email protected].
If you believe that your Registration or Account Information or device that you use to access the Bill Pay Services has been lost or stolen, that someone is using your account without your permission has occurred, you must notify Fiflow immediately.
The following is Fiflow’s contact information:
Email: [email protected]
Address: Location,TX 75035, USA
Your Use of the Services
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Fiflow to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of. Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Fiflow, in its sole discretion, may elect to take. In no event will Fiflow be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Fiflow to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, Fiflow may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and Fiflow is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions Fiflow may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.
Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. FIFLOW MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Online and Mobile Alerts
Fiflow may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Fiflow may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Fiflow may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Fiflow shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Fiflow through the Services, you are licensing that content to Fiflow for the purpose of providing the Services. Fiflow may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to Fiflow for use for this purpose, without any obligation by Fiflow to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Fiflow to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Services, you will be directly connected to the website for the third party you have identified. Fiflow will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Fiflow to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third-party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Fiflow a limited power of attorney, and appoint Fiflow or Fiflow Bills as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN FIFLOW IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, FIFLOW IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Fiflow is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
Your Authorization for ACH Debits and Credits
By creating a Fiflow Account, you provide your electronic signature to this Terms of Use and you authorize Fiflow to electronically debit and credit your Bank Account via the Automated Clearing House (“ACH”) in connection with your use of the Services, and, if applicable, to correct erroneous debits and credits via ACH.
If you choose to use Fiflow Autopilot Savings, previously referred to as Smart Savings, this authorization extends for the purposes of making automated debits and credits on your behalf consistent with implementing your Fiflow Autopilot Savings plan. You acknowledge that the electronic authorization contained in this section represents your prior written authorization for any automated ACH debit transactions as provided in this section and will remain in full force and effect until you notify Fiflow that you wish to revoke this debit authorization by contacting us via the “Contact Support” link in the chat section of the App or email us at [email protected].
For Autopilot Saving Accounts (previously referred to as Smart Savings) automated debits and/or Fiflow Premium subscription fees you can pause transfers at any time through the app or close your Autopilot Saving Accounts to stop any additional debits from taking place. You must notify us that you are exercising your right to stop a debit or revoke your authorization for automatic debits at least 3 banking days before the next scheduled debit date. If you turn off Autopilot Saving Accounts, cancel your Premium subscription or notify us that you are revoking this debit authorization, but you do so less than 3 banking days before the next scheduled debit date, we may nonetheless attempt, in our sole discretion, to cancel that scheduled debit transaction. However, we assume no responsibility for our failure to do so.
In addition, by agreeing to these Terms, you authorize Fiflow to electronically debit your Bank Account via ACH as follows:
· Amount of Debits: As determined by Fiflow, subscription fees for services provided as part of our Bill Negotiation, Premium services, or as specified as part of your Autopilot Savings plans.
· Frequency of Automated Debits: on a per use basis for payments of bill negotiation services; monthly or annually, for payments of a Bill Negotiation or Premium subscription plan; or weekly, biweekly, or monthly depending on your selected settings as part of a Autopilot Saving Accounts.
You may cancel ACH authorization at any time, however, we must be notified at least three (3) business days before the debit is scheduled to occur, to prevent the upcoming transaction from processing.
Fiflow reserves the right to cancel or suspend transactions due to fraud or compliance related concerns.
You agree to cooperate with us in correcting errors that may occur as part of the Services. If you receive funds or a credit in an amount greater than what you are entitled to receive under the Services and these Terms, then you agree to immediately return and pay such excess amount to us. You agree that we and our agents may reverse, withdraw or cancel any debit, transaction or item that provided you with funds in error. You agree that an error occurred if we or our agents send any funds to you after we receive evidence indicating that you defrauded us or provided us or our agents with false information. You agree that we may initiate a new ACH debit to your Bank Account in an amount equal to such overpayment plus the amount of expenses we incurred in recovering such overpayment, including the amount of your obligations, if any, under the “Indemnity” provision below. In addition to any of your other representations and warranties in these Terms, you represent that: (i) your browser is equipped with at least 128-bit security encryption; (ii) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (iii) the ACH transactions you hereby authorize comply with applicable law; and (iv) your email address on record with us is yours and that email address is accurate and up-to-date.
In Case of Errors or Questions About Your Electronic Transfers message us in-App or email us at [email protected] as soon as possible, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 90 days after we sent the FIRST statement on which the problem or error appeared.
1. Tell us your name and Fiflow associated email address.
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.
Additional Pay Advance ACH debit authorization terms are set forth in Section 16.
Fiflow Autopilot Savings
When you enroll in the Fiflow Autopilot Savings feature, previously referred to as Smart Savings, we can help you save towards one or more savings goal designated by you. By enrolling in Autopilot, you authorize us to automatically withdraw funds from a linked bank account that you select during enrollment, in the amount and in such frequency (such as weekly or monthly) as you designate during enrollment, subject to the Electronic Fund Transfer (“EFT”) Authorization (see ACH terms below) to which you agree when you use Autopilot. We will hold your funds in a custodial account as described below. We will continue to automatically withdraw funds from your linked bank account to hold in the custodial account, unless you tell us to stop by using the Service by pausing your Autopilot goal, or if you close your Autopilot Savings Account, or if we are not able to process your transfer (e.g., if there are insufficient funds in your linked account). You are solely responsible for ensuring your selected bank account has sufficient funds for each withdrawal at the time such funds are withdrawn. You are also responsible for ensuring each savings amount designated by you is appropriate for your particular situation. If you do not have sufficient funds in your selected bank account, you may incur an insufficient funds or overdraft fee from your bank, and we bear no liability for any fee that may be imposed by your bank. The Autopilot feature is not a savings account and you will not earn any interest on your Autopilot funds.
You remain the legal owner of the funds held for your benefit in the custodial account. However, you may not use your funds in your Autopilot Savings while held in the custodial account to make any purchases, withdraw cash (other than to transfer your funds back to your linked bank account), transfer funds to any third party, or for any other purpose. We have no interest in or ownership of your Autopilot funds. We will hold your Autopilot Savings funds for your benefit in a non-interest bearing custodial account we have established for your benefit at our bank partners or another FDIC-insured financial institution we may select. We may from time to time move your Autopilot Savings funds from one custodial account to a custodial account at another insured depository institution, for liquidity, backup, storage or other lawful purposes, but this will not affect your ability to access your Autopilot funds, and you remain the legal owner of your funds held in the custodial account. Funds deposited in the Autopilot feature are insured by the FDIC up to the maximum allowed by law, which is currently $250,000 per for an individually-owned account and $250,000 per owner for jointly owned accounts. The FDIC insures deposits according to the ownership category in which the funds are insured and how the accounts are titled. For questions about FDIC insurance coverage, you may call the FDIC at 877-275-3342 or visit the FDIC’s site at www.fdic.gov. Your Autopilot Savings funds will remain in the custodial account until you instruct us to transfer your funds back to your linked bank account. It may take up to 5 Business Days from when we receive your request to complete the transfer. It is important for you to know the amount of funds you have saved before you request a transfer to your linked bank account. If you instruct us to transfer your funds back to your linked bank account and the amount of your requested transfer exceeds the amount of your Autopilot funds, your request will be declined. You may check your Savings fund balance and initiate a transfer back to your linked bank account at any time by accessing your Autopilot through the Fiflow app. You authorize us to transfer your funds back to your selected bank account without notice to you if you terminate your participation in Autopilot, if you terminate your Fiflow account, if we are required to do so under applicable law or by any government agency, or if we, in our sole discretion, suspect that your use of Savings is for illicit purposes or otherwise is in violation of these Terms.
Fiflow Autopilot Savings is free for Fiflow Premium users. For users who maintain a balance in their Autopilot Savings account who are not currently enrolled in Fiflow Premium, Fiflow will assess a $2.00 Smart Savings account maintenance fee per month. Users who cancel their Fiflow Premium subscription will be charged the $2.00 Autopilot Savings account maintenance fee beginning on the first day following the termination date of your Fiflow Premium subscription. Account maintenance fees are non-refundable.
DEPOSIT NETWORK SERVICE ACKNOWLEDGEMENT
By utilizing the services, your beneficial funds may be held at nbkc bank in an omnibus custodial account (“Omnibus Account”). In its ordinary course of business, nbkc bank may utilize a “Deposit Network Service” to deposit funds from the Omnibus Account into other FDIC insured banks (“Network Banks”). In the event funds from the Omnibus Account are deposited into Network Banks via the Deposit Network Service, nbkc bank will deliver funds to a custody bank (“Custodian Bank”) participating in the Deposit Network Service. In the event any of your beneficial funds from the Omnibus Account arrive at a Network Bank through a Deposit Network Service, they may be eligible for FDIC insurance, however, in the event you or nbkc bank have funds, either directly or indirectly, at any of the Network Banks, such deposit insurance coverage may be adversely affected, and the principal and any accrued interest may not benefit from FDIC insurance, even if the total amount deposited in that Network Bank through the Deposit Network Service is less than the Standard Maximum Deposit Insurance Amount, as then provided by the FDIC. In addition, in the event of a failure of a Network Bank, you may be requested to provide certain personal information for the purposes of processing a claim to seek the associated FDIC insurance. In the event you do not provide such information on a timely basis, it is possible the beneficial funds will not benefit from FDIC insurance. By utilizing the services, you authorize nbkc bank to utilize a Deposit Network Service as described and acknowledge that any associated beneficial principal balance and any accrued interest may or may not benefit from FDIC insurance.
Fiflow Bill Presentment and Payment Services (Billpay Services)
General
By using our Billpay Services, you expressly authorize the Fiflow app to access your Biller account and associated information on the Biller Web site (“Biller Account”), on your behalf and as your limited agent, in order to provide the Services. The Fiflow app automates payments to Billers identified by you. Each time you add a Biller Account through your use of the Services, the Fiflow app will connect to the Web site for the Biller you have identified. Some Billers may employ the use of a captcha or similar technology on their website during the login process to determine whether or not the site visitor is human. You expressly authorize the Fiflow app and/or any third-party vendor or technology that Fiflow chooses to decode any captcha or similar technology on your behalf. Once you have added a Biller Account through your use of the Services, the Fiflow app will submit information, including usernames and passwords that you provide, to log you into the Biller site (each, a “Biller Site”). You authorize and permit Fiflow to use and store your Biller Account information to operate and configure the Services through the Fiflow app so that they are compatible with the Biller Site for which you submit your Biller Account information. In providing the Services, Fiflow has no knowledge of, and is not responsible for a violation of, any contractual obligations you may have with your Biller, including the Biller’s terms of use.
Payment Account Authorization
Fiflow will facilitate payments that you direct through the Services electronically by (1) providing the information about the bank account, credit card, or debit card that you designate (the “Payment Account”) to process your payment. By initiating a bill payment through the Services, you authorize the Fiflow app to provide instructions to the Biller to initiate and complete the payment on your behalf. You are solely responsible for complying with any terms set by your bank or credit union with respect to your Payment Account, including any fee terms, such as non-sufficient fund or overdraft fee terms.
You agree to maintain a balance or available credit limit in the specified Payment Account that is sufficient to fund all payments that you initiate through the Fiflow app. You certify that your Payment Account is in your name and that you are authorized to use it. You represent and warrant that you have the right to authorize Billers and their payment processors to charge the Payment Account for payments that you initiate using the Services. You will indemnify and hold Fiflow harmless from any claims by any other owner of the account or any Biller and its payment processor resulting from your lack of authority, funds or credit.
By accepting these Terms of Service, you consent to Fiflow’s disclosure of your personal information (including your Payment Account information) to your Billers or other third parties for the following purposes:
· As necessary to allow your Billers to collect payments from you;
· As necessary to resolve a problem related to a payment;
· To verify the validity of your bank account;
· To verify the validity of your credit or debit card;
· To comply with government agency or court orders;
· To our affiliates, as permitted by law;
· To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
· To comply with inquiries in connection with fraud prevention or any investigation;
· For our general internal business purposes, including without limitation data analysis and audits; or
· As otherwise permitted by the terms of our Privacy Policy.
You are responsible for confirming the accuracy of the information you provide about each payment you authorize and the amount of the transaction. Failure to provide accurate and complete information may prohibit the use of the Services or result in errors in your requested payments to Billers. You authorize the Fiflow app to send communications to the Biller on your behalf in connection with the Services.
Taxes
It is your (or your Biller’s) responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Fiflow is not responsible for determining whether taxes apply to your payment transaction or for collecting, reporting, withholding or remitting any taxes arising from any payment transaction.
Fees
Fiflow reserves the right, at our complete discretion, to charge service fees under a subscription model and/or on a per transaction basis. In some instances, third party websites and applications that offer the Services may also charge service fees. The imposition of any per-transaction fees by Fiflow will be disclosed to you prior to any payment and will be clearly noted to you.
Fiflow Bill Negotiation
In order to receive Services, you must provide us with the information we need to perform the Services. This information includes the account holder’s name, your name and relationship to the account holder (if different), and your respective addresses, phone numbers, and email addresses, the name of the Provider, your Provider account number, the applicable password, pin number, or other security credentials to access the account, and any other specific information your Provider may require for us to make changes to your account. You also agree to provide a copy of the current monthly billing statement for the account showing the products and features you receive and the amounts you are billed. This information may be provided either by uploading a photo of the bill, or by enabling Fiflow to access your online bill via a 3rd party provider.
You also agree to provide us with any additional information relevant to the negotiations prior to the start of the negotiation, including if you are planning to cancel or switch Providers within the next year. We may decline to provide the requested bill negotiation based on the information provided in the exercise of our sole discretion.
You represent and warrant that all of the information you provide to us is accurate, complete, and correct. You agree that we may rely upon and share your information with our agents, referral partners, providers, and otherwise as necessary in order to offer and provide the Services to you. Your personal information will only be used in the manner and for the purposes set forth in our Privacy Policy.
By requesting a Bill Negotiation you are authorizing Fiflow as an authorized representative to contact your service provider on your behalf in order to secure a better rate on the service you wish to have negotiated. Fiflow will provide account verification details including, but not limited to, your full name, respective addresses, phone numbers, and email addresses, the name of the Provider, your Provider account number, the applicable password, pin number, or other security credentials to access the account, in able to validate the account with the service provider in order to proceed with the negotiation.
A Negotiation request can be cancelled anytime before it is completed by contacting our Support team or disabling TrueProtect in the Fiflow app. If you’d like to attempt to negotiate your own bill, you must cancel your request prior to Fiflow completing the requested negotiation or you will be held responsible for all associated fees.
We may charge a Negotiation fee (the “Negotiation Fee”) for our services connected with our TrueProtect Bill Negotiation product. The current amount of the Negotiation Fee is decided by the user anywhere from 30-60% of the 12-month savings achieved as a result of the negotiation. For instance, if a 40% fee is chosen and Fiflow is able to lower a bill by $10 per month, that would equal savings of $120 over 12 months and a Fiflow fee of $48. We may charge the Negotiation Fee to the credit or debit card provided and authorized at the time the negotiation is submitted. The Negotiation Fee is non-refundable, except in the event that an error was made during the negotiation or except as otherwise required by applicable law.
In the event that you choose to cancel the service for which Fiflow performed a negotiation, you must notify Fiflow in writing no later than thirty (30) days after your provider services are cancelled in order to receive a pro-rata credit for the days remaining in the month in which your services are cancelled. If you cancel your service before all savings for a given billing period appear on your bill(s), you must send documentation within thirty (30) days after such cancellation takes effect showing the last date of service, and Fiflow will adjust your invoice on a pro-rata basis taking into account the date of service cancellation. If you have paid in advance, we will issue you a credit to use toward future savings with Fiflow.
Fiflow’s negotiated savings generally take one to two billing cycles to reflect on your statement, most likely your next billing statement. By default, you consent to Fiflow improving the quality of your service if it does not increase your cost of service. You are responsible for fees resulting from any and all negotiations that are submitted through your Fiflow account.
Fiflow Subscription Cancellation
By requesting a Subscription Cancellation you are authorizing Fiflow as an authorized representative to contact your service provider on your behalf in order to cancel your subscription/service with the specified provider. Fiflow will provide account verification details including, but not limited to, your full name, service address, account number, payment verification, or security code, in able to validate the account with the service provider in order to proceed with the cancellation.
Fiflow Pay Advance
You may use Fiflow Pay Advance to request an advance up to $125 to be deposited by us in your Linked Account in advance of your next scheduled paycheck deposit from your employer (“Direct Deposit”). There are no fees or other charges for Pay Advances.
To request a Pay Advance, visit the Pay Advance section in the App, select the amount of the advance you would like to receive, and choose the optional tip amount you would like to pay us for providing you with a Pay Advance. The suggested tip amount is 12% of the Pay Advance amount; however, tips are not required to receive a Pay Advance. Whether you tip us, and the amount you choose to tip will not affect the amount of your Pay Advance or your eligibility to receive a Pay Advance now or in the future.
If we approve your request, we will deposit the Pay Advance in your Linked Account. You may only request one Pay Advance per Direct Deposit pay period. We reserve the right to deny you access to the Pay Advance service or to receive a Pay Advance for any reason in our sole discretion.
To be eligible for a Pay Advance, at the time of your request you must fulfill the following primary eligibility criteria:
– maintain an active Fiflow Account
– maintain a Linked Account, or have a valid debit card
– be a Fiflow Premium subscriber in good standing
– not be authorized by any other person with ownership rights to your Linked Account to request and repay your Pay Advance
You authorize us to use your Account Information and additional information from third parties to determine whether you meet these eligibility criteria.
Repayment.
You authorize us to debit your Linked Account or charge your debit card on the day of, or within [3] days after your next Direct Deposit in the full amount of the Pay Advance, plus the amount of any tip you choose to pay. Our failure to debit your Linked Account or charge your debit card when repayment is due does not waive or extinguish our right initiate repayment at a later date. If you do not have sufficient funds in your Linked Account when we initiate repayment, you will be responsible for any overdraft fees, insufficient funds fees, late fees, or any other charges you incur that result from Fiflow debiting your Linked Account or charging your debit card in connection with a Pay Advance. If we determine from your Account Information that your Linked Account is unlikely to contain sufficient funds to repay us, we may choose in our sole discretion to wait to initiate repayment until your next Direct Deposit date.
If we are unable to debit your Linked Account or charge your debit card for the full repayment amount, you will not be eligible for additional Pay Advances. However, we will have no legal or contractual claim or other remedy against you if you do not repay a Pay Advance; and we will not engage in any debt collection activities, report your failure to repay to any credit reporting agencies, or sell your obligation to repay us to a third-party debt collector.
If you are unable to repay us but would like to become eligible for Pay Advances again, please contact us via the “Contact Support” link in the chat section of the App, or email us at [email protected]. You will be required to pay us in full for the Pay Advance by authorizing us to debit your Linked Account or to charge your debit card.
If you deactivate your Fiflow Account before you have repaid your Cash Advance, you hereby grant us permission to debit your checking account for the amount of the advance on or after the repayment date.
W-9 Certification
I certify, under penalty of perjury that: The Taxpayer Identification Number or Social Security Number I provided is correct; I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and I am a U.S. citizen or other U.S. person.
Fiflow’s Intellectual Property Rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Fiflow or Fiflow Bills or its software or content suppliers. Fiflow grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
Access and Interference
You agree that you will not:
1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Fiflow’s express written consent, which may be withheld in Fiflow’s sole discretion;
2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer);
3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
Rules for Posting
As part of the Services, Fiflow may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Sites. These forums may be hosted by Fiflow or by one of our third party service providers on Fiflow’s behalf. You agree in posting content to follow certain rules.
1. You are responsible for all content you submit, upload, post or store through the Services.
2. You are responsible for all materials (“Content “) uploaded, posted or stored through your use of the Services. You grant Fiflow a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Fiflow is not responsible for the Content or data you submit through the Services. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Services and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Services and under this Agreement.
3. You agree not to use, nor permit any third party to use, the Services to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b)post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c)post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Sites, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
4. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
5. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Sites that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
6. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
7. You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.
The Services may include a community forum or other social features to exchange information with other users of the Services and the public. Fiflow does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Fiflow is not responsible.
Social media sites
Fiflow may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICESOR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FIFLOW, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS “) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER FIFLOW OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FIFLOW OR ITS SUPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 18 OF THIS PROVISION MAY NOT APPLY TO YOU.
Not a Financial Planner, Broker or Tax Advisor
NEITHER FIFLOW NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. FIFLOW IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Limitations on Fiflow’s Liability
FIFLOW SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF FIFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FIFLOW’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of Fiflow
You shall defend, indemnify and hold harmless Fiflow and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.
Ending your relationship with Fiflow
This Agreement will continue to apply until terminated by either you or Fiflow as set out below. If you want to terminate your legal agreement with Fiflow, you may do so as follows:
To close your account for the Fiflow Service, please use the directions below:
1. Login to your Fiflow.io account.
2. Go to “Your Account”.
3. Locate the “delete Fiflow account” option under “More Options”.
4. Type in “delete” where prompted.
5. Enter in the password for your Fiflow.io account.
6. Press “Yes”
Your account will be closed and your ability to log in deactivated immediately. Your Fiflow.io account data will be removed within 48 hours subject to and as explained in our Privacy Statement.
Fiflow may at any time, terminate its legal agreement with you and access to the Services:
a. If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
b. if Fiflow in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Fiflow may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Fiflow shall not be liable to you or any third party for any termination of your access to the Services.
Modifications
Fiflow reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Fiflow reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Fiflow Services and Bill Pay Services, Fiflow will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Fiflow shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
Fiflow may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
Governing Law and Forum for Disputes
California state law governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND FIFLOW ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Fiflow Inc., 8455 Colesville Road, Suite 1645, Silver Spring, MD 20910. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules, but if you are unable to pay any of them, we will pay them for you. In addition, we will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 27 shall survive expiration, termination or rescission of this Agreement.
Allegations of Copyright and Trademark Infringements; Notification
Fiflow respects the intellectual property rights of others and Fiflow asks that users of the Site and Services do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to Fiflow’s Designated Agent, whose contact information is as follows:
Fiflow, Inc.
8455 Colesville Road
Suite 1645
Silver Spring, MD 20910
Email: [email protected]
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to Fiflow may be shared with third parties, including the person who provided Fiflow with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is Fiflow’s policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Fiflow’s Designated Agent a written counter-notice with the following information:
Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Supplemental Terms and Conditions for the Services
These Supplemental Terms and Conditions apply for the, Fiflow Services and shall prevail over any conflict or inconsistency with the Agreement above. Capitalized terms not otherwise defined below have the meanings provided in the General Terms above.
Apple Requirements.
If you downloaded any of the Services or product from the Mac App Store, the following terms also apply to you:
A. Acknowledgement: You acknowledge that this Agreement is between you and Fiflow only, and not with Apple, and Fiflow, not Apple, is solely responsible for the Software and the content thereof.
B. Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
C. Maintenance and Support: Fiflow and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
D. Warranty: Fiflow is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Fiflow’s sole responsibility.
E. Product Claims: Fiflow, not Apple, is responsible for addressing any user or third-party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
F. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Fiflow, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
G. Legal Compliance: 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.
H. Developer Contact Info: Direct any questions, complaints or claims to: Fiflow Inc., 8455 Colesville Road, Suite 1645, Silver Spring, MD 20910 or [email protected]
I. Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Software.
J. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.
Referral Incentive
You have the ability to receive a referral fee for users of the Service or Services referred through your use of the Service. In order to be eligible to receive this referral fee, you must share the Service using the features embedded on the Service. If three (3) users successfully create Fiflow accounts using your referral, and those users link at least one bank or credit card each (Paypal account or prepaid credit cards not eligible), you will be entitled to receive a referral fee of $15 up to a maximum of $60 for such prior to December 1, 2017. Each person will only receive a maximum of $60 in referral fees.
In order to cash out such referral fees, you must, prior to December 1, 2017, (i) have at least $15 total comprised of such referral fees and (ii) tap the “cash out” button within the App. Fiflow may, in its sole discretion, remove any balance of referral fees and/or registration incentive credits that have not been cashed out by December 1, 2017.
If there is a question as to whether a transaction qualifies for a registration incentive credit or referral fee under this Section, Fiflow shall determine the matter in good faith. Fiflow’s decision will be final and controlling.
Free Credit Score
Fiflow provides all members with free access to their Experian VantageScore 3.0 credit score and provides premium members with access to their credit report (collectively “Credit Score”). In order to access your Credit Score you must provide Fiflow the following credit pull authorization: I hereby authorize Fiflow to periodically obtain and use consumer reports about me in order to provide me with: (1) access to my free credit score, including periodic updates to my credit score; and (2) recommendations regarding financial products and services that may be of interest to me, including credit cards, personal loans, home loans and other financial products and services offered by Fiflow partners.
If you find discrepancies with your credit score or information from your credit report, please contact Experian directly.
About VantageScore 3.0
VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you’ll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.
There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file. There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don’t be surprised if your lender gives you a score that’s different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender’s score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit deni