Plinqit Terms & Conditions
Effective Date: 02/09/2023
Plinqit, Inc., a Delaware corporation doing business as Plinqit (“Plinqit”), is the provider of mobile applications (each, the “Application”) and/or website (the “Website”) or web-based platforms (referred to herein collectively with any Application as our “Services”). By downloading, accessing, or otherwise using all or any portion of the services you indicate your unconditional acceptance of the following Terms and Conditions (“Terms”) on your own behalf and on behalf of any organization you represent (collectively, “you” or “your”).
Your use of and access to the Services are subject at all times to these Terms and our Privacy Policy. Please read these Terms and our Privacy Policy carefully. By using or accessing the Services or by indicating your agreement to these Terms through electronic “click-through” options or otherwise, you represent that you have read and understand these Terms and our Privacy Policy and you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all the terms and conditions of these Terms and our Privacy Policy, DO NOT use or access the Services.
BY USING, DOWNLOADING, OR INSTALLING, THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE A US CITIZEN OF 18 YEARS OF AGE; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
THESE TERMS INCLUDE, AMONG OTHER THINGS, YOUR AUTHORIZATION FOR DEBITS AND CREDITS TO AND FROM YOUR U.S. CHECKING OR SAVINGS ACCOUNT VIA THE AUTOMATED CLEARINGHOUSE NETWORK (“ACH”) AND A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT PLINQIT IS NOT A FINANCIAL INSTITUTION, NOR IS IT A FINANCIAL PLANNER, BROKER, OR ASSET MANAGER. THE PLINQIT PLATFORM IS MERELY A TOOL TO ASSIST YOU IN SAVING AND YOUR FINANCIAL PLANNING AND DECISION-MAKING.
YOU ARE SOLELY RESPONSIBLE FOR YOUR SAVING, INVESTMENT, AND SPENDING DECISIONS.
Electronic Signatures and Communications.
Your consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications and other items for all Services provided to you under these Terms and in your relationship with us (collectively, “Communications”) that we may otherwise be required to send you or provide you in paper form (e.g. by mail). By accepting and agreeing to these Terms electronically, you represent that: 1. You have read and understand this consent to use electronic signatures and to receive Communications electronically; 2. You satisfy the minimum hardware and software requirements specified below; and 3. Your consent will remain in effect until you withdraw your consent as specified below.
Your right to Withdraw Your Consent.
Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically by contacting us at support@plinqit.com. If you withdraw your consent to receive communications electronically, we will close your Plinqit Account and return the balance in your Plinqit Account to your funding account less any applicable fees as set forth in these Terms, and you will no longer be able to use your Plinqit Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications provided by us before you withdraw your consent and the withdrawal becomes effective.
Contact Information.
You must keep your information current with us. To ensure we can send Communications to you electronically you must notify us of any change in your email address and your mobile device number or other text message address Plinqit may be using by updating your profile on the Website or the Application. If attempted Communications are returned or “bounce back” to us, such return will be deemed a notice of withdrawal of your consent to receive such Communications electronically and your account will be closed in accordance with the foregoing provision.
Copies of Communications.
You should print and save and/or electronically store a copy of all communications we send to you electronically for your own records.
Hardware and Software Requirements.
To access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as a tablet or smartphone) that operates on a supported platform like Windows or iOS; (3) a connection to the Internet; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (5) a computer or device and an operating system capable of supporting all of the above; and (6) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. "Current Version" for this purpose means a version of the software that its publisher is currently supporting.
Changes.
At our sole discretion, we reserve the right to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website and the Application or delivering notice of such termination or change electronically.
Fund Transfers.
Relationship with Sponsoring FINANCIAL INSTITUTION. The Application has been designed to facilitate your monetary savings by allowing you to authorize withdrawals and deposits out of a primary checking or savings account maintained at a US financial institution (your "Main Account") to an account held for your benefit (the "Plinqit Account") at a US financial institution identified in the Application or Website (the "Sponsoring Financial Institution”). By providing your Main Account and related information in the Application (your "Identifying Information"), you acknowledge and agree to the following:
▪ By requesting a withdrawal through the Application, you represent and warrant that the Main Account remains active and under your control with the Identifying Information originally given, and that such Identifying Information remains accurate and complete.
▪ In the event you wish to close your Main Account, you agree to request that all funds be withdrawn from the Plinqit Account before closure of the Main Account. You acknowledge that such transfer may result in the imposition of Risk Fees. All funds not so withdrawn prior to closure of the Main Account may require significant additional Identifying Information as well as corroborating evidence of the closure of the Main Account. Failure to provide such additional Identifying Information may result in the forfeiture of your Plinqit Account funds.
▪ In the event you lose access to the Main Account due to the fraudulent actions of a third-party while funds remain in the Plinqit Account, you agree to notify Company immediately. Upon receipt of such notice, Company will use commercially reasonable efforts to facilitate the withdrawal of your funds from the Plinqit Account to another US primary checking or savings account identified by you. You acknowledge and agree that in the event of such extraordinary circumstances, Company and Sponsoring Financial Institution may require significant additional Identifying Information as well as corroborating evidence of the closure of the Main Account due to third-party fraudulent activity. Failure to provide such additional Identifying Information may result in the forfeiture of your Plinqit Account funds.
Your authorization for ACH debits and credits
By agreeing to these Terms, you authorize Plinqit to electronically debit and credit your designated deposit account at your designated depository financial institution (your "Checking Account or Savings Account") as directed by you and via ACH, an amount of up to $10,000 per Business Day (and in one or more separate transactions per Business Day).
You further authorize Plinqit to (i) debit Plinqit’s Fees (as defined below), and (ii) make such debits and credits as are necessary to correct erroneous transfers (not more often than once per month), in each case also via ACH.
You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Plinqit that you wish to revoke this authorization by emailing support@plinqit.com or using the message center within the application. You must notify Plinqit at least three Business Days before the scheduled debit date of any ACH transaction from your U.S. Checking or Savings Account in order to cancel this authorization. If we do not receive notice at least three Business Days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so. If you withdraw your electronic authorization contained in this Section, we will close your Plinqit Account and return the balance in your Plinqit Account to your U.S. Checking or Savings Account or Savings Account as set forth in these Terms, and you will no longer be able to use your Plinqit Account or the Services, except as expressly provided in these Terms. Please note that the withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.
In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law. In no event will you use the Plinqit or ACH information of another, nor will you allow your Plinqit or ACH information to be used by another within the Application or as part of the Services.
For purposes of these Terms, "Business Day" means Monday through Friday, excluding federal banking holidays.
Are there any fees for using the Services?
a. Risk Fees or “Break the Safe” fees (“Penalty Fee”). There is currently no set fee for using the Plinqit Application and Services. Rather, you may choose to pay a penalty fee during “goal set-up” within the Application. By selecting a Penalty Fee amount that is greater than zero dollars ($0), you agree to pay Plinqit the selected Penalty Fee if you choose to withdrawal money before your “goal” is complete, and further authorize Plinqit to deduct any such amount from your Plinqit Account via ACH or otherwise. Should we at any point change our policies to require or otherwise modify the “Penalty Fee” process, we agree to provide you with notice of such change by sending you an email to the email address in your User Profile. That said, in no event will we increase the amount you have selected as your fee without your consent.
b. Change in Fees. We reserve the right to change our fee structure at any time. If you purchase or use any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay Plinqit directly or via its designated third party payment processor the amount of such fees. You also agree to pay all applicable fees for such Services (including, without limitation, periodic fees for subscriptions and any amounts you have elected to pay voluntarily) as they become due plus all applicable related taxes. To the extent a subscription is applicable, you may cancel your subscription from time to time as provided on the Plinqit Platform. We may refuse to renew any subscription for any or no reason.
c. Refunds. Other than when expressly set forth on our Services as updated from time to time, or to correct any errors made by Plinqit, Plinqit has no obligation to provide refunds or credits, but may grant them in certain circumstances, such as a result of specific refund guarantee promotions, in Plinqit’s sole discretion.
Copyright, Intellectual Property and Infringement
The Services and any intellectual property of other content incorporated therein (the “Content”) are owned by Plinqit and are licensed (not sold) to end users. Such Services and Content are protected by copyright, trademark, patent, and other intellectual property laws. We expressly reserve all rights and remedies under applicable law. Except as expressly provided by these Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit any Content in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Services or Content to a third party; (e) use any portion of the Services or Content to provide, or incorporate any portion of the Services or Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services or Content; (g) modify the Services or Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Services or Content; (i) use the Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (j) jeopardize the security of your Plinqit Account or any other person’s Plinqit Account (such as allowing someone else to use your username and password to access the Services); (k) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Services; (l) violate the security of any computer network or crack any passwords or security encryption codes; or (m) run Maillist, Listserv, any form of auto- responder or “spam,” or any processes that run or are activated while you are not logged in to access the Services. We may, but are not obligated to, monitor your use of the Services and Content.
We do not grant you any licenses, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms. We and our third-party licensors retain all rights, title, and interest in and to the Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.
The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, “User Content”). Any User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.” If you submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. We take no responsibility and assume no liability for any User Content submitted by you or any other user or third-party.
To the extent permitted by applicable law, we may, in our sole discretion and without liability to you, terminate (or suspend access to) your use of the Services, Content, or your Plinqit Account for any reason, including, but not limited to, your breach of these Terms.
Third Party Materials.
The Application may display, include or make available third-party content (including data, information, applications, and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination.
Disclaimer of Warranties.
COMPANY IS NOT A LICENSED PROVIDER OF FINANCIAL COUNSELING OR RELATED SERVICES, AND DOES NOT GUARANTEE ANY OUTCOME OF YOUR USE OF THE APPLICATION. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
a. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; AND
b. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE LESSER OF (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION, AND (ii) $50.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification.
You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Application.
Export Regulation.
The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), before exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
US Government Rights.
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefore, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Severability.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law; Venue.
This Agreement is governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan in each case located in or nearest to Washtenaw County, Michigan. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver of Jury Trial; Right to Class Action.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement.
This Agreement, our Privacy Policy, and any other agreements referenced or incorporated by this Agreement (including under "Third Party Attribution, Licenses, and Required Notifications") constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
Waiver.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Third Party Attribution, Licenses, and Required Notifications.
You acknowledge and agree that the Application may utilize or incorporate one or more of the following libraries, software, or code, and in each case, your use of the Application will be subject to the licenses and terms set forth in this section (directly or by reference).
Third Party Accounts. By using the Service, you authorize Company and Service Provider to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register accounts with us as requested by you. For all purposes hereof, you hereby grant Company and Service Provider a limited power of attorney, and you hereby appoint Company and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, COMPANY AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third-party account providers accessible through the Service.