| Last Updated: August 12, 2019
Welcome to www.sqrl.me , (the “App”) a mobile app that is owned by Eighty4, Inc, a Delaware public benefit corporation (the “Company”) which offers a platform that assists users in improving their financial skills and health by incentivizing saving with a healthy lifestyle. The App converts your daily steps (1 step = $ 0.01) into micro deposits ( at the end of each week) from your checking into your savings. Steps Data SQRL works by reading your steps / distance data from your Apple HealthKit and/or Google Fit data that is locally stored on your smartphone. We store your data and progress, so it is retrievable on multiple possible devices (especially important when we integrate wearables).
2. APPLICABLE USE OF APPYou may use this App only for purposes expressly permitted by these Terms. As a condition of your use of the App, you warrant to Company that you will not use the App for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
4. NO UNLAWFUL ACCESS. You agree that you will not use the App in any manner that could in any way disable, overburden, damage, or impair the App or otherwise interfere with any other party's use and enjoyment of the App. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the App.
5. YOUR INFORMATION; OUR NOTICES. When you open an account to subscribe to the App, you must provide complete and accurate information as requested on the registration template. You will also be asked to provide a user name and password. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information.Location service permissions are required on Android devices to accurately calculate the distance that you move, and we will ask you to provide permission for us to access your location. This permission will be constantly running in the background for as long as your access to the App isn’t terminated.The App uses the DWOLLA API for facilitating the transfer of money from the checking account that you identify to us in the registration template to the savings account that you also identify at the end of each week (ACH initiated each Monday for each preceding week). The Plaid API allows bank authentication instantly, so you can connect your checking & savings account to the App using your bank login information (username, password, security question).Both API partners work by providing us the API keys that are encrypted in-transit and and protected at rest. The App securely stores the encrypted API keys. However, we never store your financial information. Additionally, the Plaid API also provides us the ability to view balance in your checking account prior to moving funds so we can avoid creating NSF charges in your account. However, your bank balance information is never stored by the App.We also provide email notifications each time that you initiate an ACH transfer from your checking account to your savings account. These notifications are a core feature of our App, and therefore, you cannot turn them off. The email notifications are a requirement of one of our API partners.You are entirely responsible for the maintaining the confidentiality of all passwords issued to you when you register for the App. You may not use a third party’s account, user name or password at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name or password. The Company shall not be liable for any losses you incur because of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
7. LIMITED LICENSE TO ACCESS THE APP 7.1 Grant. Company hereby grants you a limited, non-exclusive and non-transferable license, without right of sublicense, for the duration of these Terms to access and display the App on your Android or iOS mobile device and personal or desktop computer subject to the terms and conditions of this Agreement. 7.2 Restrictions You may not edit, alter, abridge or otherwise change in any manner the Materials or content of the App, including, without limitation, all copyright and proprietary rights notices. For the sake of clarity, and without limitation, you may not, and may not permit others to:(1) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Materials or App;(2) distribute the App in whole or in part over the Internet, or via email or instant messaging, mobile device, wireless application protocol, short message service or radio system.(3) copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the App or the App; or(4) distribute, sublicense, publish, broadcast, circulate rent, lease, loan, or grant access to the App to any third-party.
9. HYPERLINKING. The App may be hyperlinked to and by other applications or websites which are not maintained by, or related to the Company. Hyperlinks to such applications or websites are provided as a service to you and are not sponsored by, endorsed or otherwise affiliated with this App or the Company. The Company has not reviewed any or all such applications or sites and is not responsible for the content of any linking thereof and any links made directly from the App to another application or web page will be accessed at your own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such application or webpage.
10. USE OF COMMUNICATION SERVICES. The App may intermittently contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this App, or cause to be posted, sent, submitted, published or transmitted, any material that:(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);(ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;(iii) is vulgar, obscene, pornographic, or indecent;(iv) threatens or abuses others;(v) is libelous or defamatory towards others;(vi) is racist, abusive, harassing, threatening or offensive;(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;(viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this App;(xii) solicits funds, advertisers or sponsors for any purpose;(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this App;(xv) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;(xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this App or any networks connected to this App; or(xvii) contains hyperlinks to other Apps that contain content that falls within the scope of this Section.You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.You acknowledge that the App may or may not pre-screen materials uploaded to the Communication Service but that the App and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the App in its sole discretion.The App reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the App will not be liable to you or any third party for any modification, suspension or discontinuance of the Communication Services.WHILE THE APP EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOUR USE OF THE APP IS ENTIRELY AT YOUR OWN RISK, AND THAT THE APP SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CONDUCT, WE MAY TERMINATE YOUR USE OF THE APP IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.]
12. DISCLOSURE UNDER LAW. Company reserves the right always to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
13. DISCLAIMER & LIMITATIONS ON LIABILITY.YOUR USE OF THIS APP IS AT YOUR OWN RISK. THE APP AND ALL CONTENT THEREIN IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR THE SERVER THAT MAKES THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT ON THE APP OR APP IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE APP MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THAT THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS APP OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE APP OR APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.NEITHER THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.IN NO EVENT WILL THE COLLECTIVE LIABILITY THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $1,000.00 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
15. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, "Intellectual Property") appearing in the App are the property of THE Company or the party that provided the Intellectual Property to the Company. The Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this App.
16. COPYRIGHT INFRINGEMENT. If you believe that any User Content to which you claim rights under the United States Copyright Act has been copied in a way that constitutes copyright infringement, please provide to the Company's the written information specified below at the indicated email address. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following: — An electronic or physical signature of the person authorized to act on your behalf or on behalf of the owner of the copyright interest; — A description of the copyrighted work that you claim has been infringed ; — A description of where the material that you claim is infringing is located on the App; — Your address, telephone number, and e-mail address; — A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law; — A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.