End User License Agreement

Last Updated: December 19, 2024

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User" or "you") and RewardSmart ("Company," "we," "us," or "our") for the use of the RewardSmart mobile application (the "App" or "Software").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE APP. BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

1. License Grant

Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the App on a mobile device that you own or control
  • Use the App for your personal, non-commercial purposes
  • Access and use the features available to you based on your subscription tier

This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

2. License Restrictions

You agree NOT to:

  • Copy, modify, or distribute the App or any part of it
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
  • Make the App available to third parties or use it on behalf of third parties
  • Rent, lease, lend, sell, redistribute, or sublicense the App
  • Remove, obscure, or alter any proprietary notices on the App
  • Use the App to develop a competing product or service
  • Use the App in any way that violates applicable laws or regulations
  • Use automated systems or software to access the App without our permission
  • Bypass or circumvent any technological protection measures in the App

3. Ownership and Intellectual Property

The App is licensed, not sold, to you. We and our licensors retain all right, title, and interest in and to the App, including:

  • All copyrights, patents, trademarks, trade secrets, and other intellectual property rights
  • All modifications, enhancements, and derivative works of the App
  • All software, content, and materials included in the App

The RewardSmart name, logo, and all related product and service names, design marks, and slogans are trademarks of RewardSmart. You may not use these marks without our prior written permission.

4. Subscription Services

4.1 Free Tier

The free tier provides access to basic features of the App with certain limitations. Free tier users may be shown advertisements.

4.2 Elite Subscription

The Elite subscription provides access to additional premium features. Subscriptions are billed through Apple App Store or Google Play Store and are subject to their terms and conditions.

4.3 Subscription Terms

  • Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
  • Your account will be charged for renewal within 24 hours prior to the end of the current period
  • You can manage and cancel subscriptions in your device's account settings
  • No refunds will be provided for any unused portion of a subscription term

5. Third-Party Services

The App may include or provide access to third-party services and content, including:

  • Plaid: For connecting to financial institutions
  • OpenAI: For AI-powered features
  • Google AdMob: For displaying advertisements
  • RevenueCat: For subscription management

Your use of third-party services is subject to their respective terms and privacy policies. We do not control and are not responsible for third-party services.

6. Data Collection and Privacy

Your use of the App is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the App, you consent to our data practices as described in the Privacy Policy.

7. Updates and Modifications

We may from time to time:

  • Develop and provide App updates, which may include bug fixes, new features, or security updates
  • Modify or discontinue any feature of the App
  • Require you to accept updated versions of this Agreement to continue using the App

You agree that all updates are part of the App and are subject to this Agreement.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

WE DO NOT WARRANT THAT:

  • The App will meet your requirements
  • The App will be uninterrupted, timely, secure, or error-free
  • The results obtained from the App will be accurate or reliable
  • Any errors in the App will be corrected

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP
  • OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER
  • WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless RewardSmart and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of this Agreement
  • Your use or misuse of the App
  • Your violation of any third-party rights
  • Your violation of any applicable laws or regulations

11. Term and Termination

11.1 Term

This Agreement is effective until terminated by you or us.

11.2 Termination by You

You may terminate this Agreement at any time by:

  • Deleting the App from all your devices
  • Deleting your account through the App settings
  • Cancelling any active subscriptions

11.3 Termination by Us

We may terminate or suspend your license immediately and without notice if:

  • You breach any term of this Agreement
  • You engage in fraudulent or illegal activity
  • We discontinue the App or any part of it
  • Required by law or regulatory authorities

11.4 Effect of Termination

Upon termination:

  • All licenses granted to you will immediately terminate
  • You must immediately stop using the App and delete all copies
  • We may delete your account and all associated data
  • Sections 3, 8, 9, 10, and 13 shall survive termination

12. Export Compliance

The App may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export laws and not to export or re-export the App in violation of such laws.

13. Governing Law and Dispute Resolution

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

13.2 Dispute Resolution

Any dispute arising from or relating to this Agreement or your use of the App shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in California.

13.3 Class Action Waiver

YOU AND WE AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Apple App Store Additional Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

  • This Agreement is between you and RewardSmart only, not with Apple Inc.
  • Apple has no obligation to provide maintenance or support for the App
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any); Apple has no other warranty obligation
  • Apple is not responsible for any claims relating to the App or your possession and use of it
  • Apple is a third-party beneficiary of this Agreement and may enforce it against you

15. Google Play Store Additional Terms

If you downloaded the App from Google Play Store, the following additional terms apply:

  • This Agreement is between you and RewardSmart only, not with Google LLC
  • Google has no obligation to provide maintenance or support for the App
  • Google is not responsible for any claims relating to the App

16. General Provisions

16.1 Entire Agreement

This Agreement, together with the Privacy Policy and Terms of Service, constitutes the entire agreement between you and us regarding the App.

16.2 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.

17. Contact Information

If you have any questions about this Agreement, please contact us at:

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.