# Terms of Service

### 1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Brandon Hafenrichter, doing business as Hoftware ("we," "us," or "our"), concerning your access to and use of the Finch Finance mobile application ("App") and any related services (collectively, the "Services").

By downloading, installing, accessing, or using our App, you agree that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.

### 2. DESCRIPTION OF SERVICES

Finch Finance is an automatic budgeting mobile application that helps users understand their finances by:

* Connecting to bank accounts through secure third-party services
* Automatically categorizing and tracking transactions
* Providing spending insights and budget analysis
* Creating unlimited custom budgets
* Offering AI-powered financial recommendations

### 3. SUBSCRIPTION TERMS

#### 3.1 Free Trial

We offer a 14-day free trial of our Pro features. No credit card is required to start your free trial. At the end of the trial period, you will be automatically subscribed to the Pro plan unless you cancel before the trial expires.

#### 3.2 Pro Subscription

* **Price**: $5.00 USD per month
* **Billing**: Monthly recurring subscription
* **Payment**: Processed through Apple App Store or Google Play Store
* **Auto-renewal**: Your subscription will automatically renew each month unless cancelled

#### 3.3 Cancellation

You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation will take effect at the end of your current billing period. No refunds will be provided for partial months.

#### 3.4 Changes to Pricing

We reserve the right to change our subscription pricing at any time. Price changes will not affect existing subscribers during their current billing period but will apply to subsequent billing periods after proper notice.

### 4. USER ACCOUNTS AND ELIGIBILITY

#### 4.1 Age Requirement

You must be at least 13 years old to use our Services. Users between 13-18 years old must have parental consent.

#### 4.2 Account Registration

You may need to create an account to access certain features. You are responsible for:

* Providing accurate and complete information
* Maintaining the security of your account credentials
* All activities that occur under your account

#### 4.3 Geographic Restrictions

Our Services are currently available only to users in the United States. You may not use our Services if you are located outside the United States.

### 5. ACCEPTABLE USE

#### 5.1 Permitted Uses

You may use our Services only for lawful purposes and in accordance with these Terms.

#### 5.2 Prohibited Uses

You may NOT use our Services to:

* Violate any applicable laws or regulations
* Transmit any harmful, offensive, or inappropriate content
* Attempt to gain unauthorized access to our systems
* Reverse engineer, decompile, or disassemble the App
* Use automated systems to access the Services
* Interfere with or disrupt the Services

### 6. FINANCIAL DATA AND THIRD-PARTY SERVICES

#### 6.1 Bank Account Connections

Our App uses Plaid Inc. to securely connect to your financial institutions. By connecting your accounts, you:

* Authorize us to access your financial data through Plaid
* Acknowledge that we rely on third-party services for data accuracy
* Understand that connection issues may affect Service availability

#### 6.2 Data Accuracy

While we strive for accuracy, we do not guarantee that financial data, calculations, or insights provided through our Services are error-free. You should verify important financial information independently.

#### 6.3 AI-Powered Features

Our Services use artificial intelligence (powered by OpenAI) to provide insights and recommendations. These features are for informational purposes only and should not be considered as financial advice.

### 7. INTELLECTUAL PROPERTY

#### 7.1 Our Rights

The App and Services, including all content, features, and functionality, are owned by us and are protected by copyright, trademark, and other intellectual property laws.

#### 7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes in accordance with these Terms.

#### 7.3 User Content

You retain ownership of any data you provide to us. By using our Services, you grant us a license to use, process, and store your data as described in our Privacy Policy.

### 8. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as outlined in our Privacy Policy.

### 9. DISCLAIMERS

#### 9.1 "AS IS" BASIS

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

#### 9.2 Financial Advice Disclaimer

Our Services provide information and tools for budgeting and financial tracking but do not constitute financial, investment, tax, or legal advice. You should consult with qualified professionals for such advice.

#### 9.3 Third-Party Services

We are not responsible for the availability, accuracy, or reliability of third-party services (including Plaid, Apple, Google, or financial institutions) that our Services depend upon.

### 10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

### 11. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any claims, damages, costs, and expenses (including attorneys' fees) arising from or relating to:

* Your use of the Services
* Your violation of these Terms
* Your violation of any rights of another party

### 12. TERMINATION

#### 12.1 Termination by You

You may terminate your account at any time by canceling your subscription and ceasing to use the Services.

#### 12.2 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice, if:

* You breach these Terms
* You engage in fraudulent or illegal activities
* We discontinue the Services

#### 12.3 Effect of Termination

Upon termination, your right to use the Services will cease immediately. We may delete your account and data in accordance with our Privacy Policy.

### 13. DISPUTE RESOLUTION

#### 13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

#### 13.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in California, and judgment on the arbitration award may be entered in any court having jurisdiction.

#### 13.3 Exceptions to Arbitration

Either party may seek equitable relief in court to protect intellectual property rights or to enforce these Terms.

#### 13.4 Class Action Waiver

You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action.

### 14. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the App or by email. Your continued use of the Services after such notification constitutes acceptance of the modified Terms.

### 15. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

### 16. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

### 17. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

**Email**: <hello@hoftware.io>\
**Documentation**: <https://hoftware.gitbook.io/finch/community/contact-us>

### 18. APP STORE TERMS

#### 18.1 Apple App Store

If you download the App from the Apple App Store, you acknowledge that:

* These Terms are between you and us, not Apple
* Apple is not responsible for the App or its content
* Apple has no obligation to provide support for the App
* Apple is a third-party beneficiary of these Terms and may enforce them

#### 18.2 Google Play Store

If you download the App from Google Play Store, you acknowledge that:

* These Terms are between you and us, not Google
* Google is not responsible for the App or its content
* Google has no obligation to provide support for the App

***

**By using Finch Finance, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.**
