| 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).
This Agreement contains the complete terms and conditions that govern the use of the Company’s App. (intermittently, “Terms of Use”, or “Terms”). In these Terms of Use, the words “you” and “your”refer to each App registrant, visitor or user, “we”, “us” and “our”refers to the Company, and “Services” refers to all services provided by the Company through the App.
By using the App, you agree to follow and be bound by these Terms of Use and the Privacy Policy, which is hereby incorporated into these Terms of Use.
We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this App. If you have any questions about these Terms of Use, please contact us at service at support@eighty4.co.
1. SCOPE OF THESE TERMS AND THE APPThese Terms of Use apply to your use of the App and to tools accessible through the App. We may have other applications or websites that may be covered by different Terms of Use. The Terms of Use for each of our applications are available on those other applications or websites. When you leave one of our sites or applications and go to another (whether controlled by us or by a third party), different terms may apply.The App is a resource presented for the sole purpose of assisting the public to improve their savings habits while simultaneously improving their health through increased physical activity. While we hope that you find the information helpful, you should remember that the content on the App is not meant to serve as a substitute for the advice of your own financial advisor or physician.
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.
3. NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand or frame the App without the express prior written permission of an authorized representative of Company. For purposes of these Terms, "co-brand" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this App or content accessible within this App. For purposes of these Terms of Use, "frame" or “framing” refers to displaying any Company webpage within a bordered area of another application or website, regardless of whether the address of the originating Company webpage is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Company.
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.
6. OWNERSHIP. The App is owned and operated by the Company. All right, title and interest in and to the App, software, data, and materials provided on this App, including but not limited to information, documents, logos, graphics, sounds and images (the“Materials”). Except as may be expressly stated on the App or in these Terms, no portion of the App, the Materials or the Content may be copied, reproduced, republished, downloaded uploaded, posted, displayed, transmitted or distributed in any way, and nothing in these Terms of Use or this App shall be construed to confer any license to you under any of the Company’s intellectual property rights, whether by estoppel, implication or otherwise. The Company does not sell, license, lease or otherwise provide any of the Materials other than as set forth herein. Any rights not expressly granted herein are reserved by the Company.
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.
8. USER CONTENT. At various locations on the App, the Company may permit you to post comments, messages and other content (the “User Content”). Contributions to, access to and use of the User Content is at your own risk and subject to the below terms and all other terms and conditions of these Terms of Use.You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using the App or any service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission.The use of User Content for any illegal activity is a violation of these Terms of Use. You agree not to use the App in any way that could damage, disable, or impair any services provided by the Company (or the network(s) connected to the App), violate the privacy and security of other users, or interfere with any user’s use and enjoyment of any of the services provided through the App. You agree not to attempt to gain unauthorized access to any services offered on the App, other accounts, computer systems or networks connected to the App, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the App.
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.]
11. RIGHT TO TERMINATE ACCESS. Company reserves the right to monitor your use of this App to determine compliance with these Terms of Use, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to terminate your access to the App, App or any of the Communication Services at any time without notice if you violate these Terms of Use.
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.
14. INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS APP.
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.
17. SECURITY. Any passwords used for this App are for your use only. You will be responsible for the security of your password(s). From time to time, the Company may require that you change your password. You are prohibited from using any services or facilities provided with respect to this App to compromise the security or tamper with the App system resources and/or the accounts of other App users. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to system administrators at other websites and/or legal authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company further reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES ARISING FROM YOUR BREACH OF THESE TERMS OF USE.
18. DISPUTES. If there is any dispute about or involving this Terms of Use, the App and/or any Communications Services, you agree that any dispute shall be governed by the laws of the State of Virginia, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the state and federal courts sitting in Alexandria, Virginia about any dispute between you and Company arising out of or involving this Agreement, the App, and/or any Communications Services.
19. MISCELLANEOUS