1. INTRODUCTION
Thank you for joining Mooch! These Terms of Service (the “Terms” or “Agreement”) cover your rights and obligations relating to your access and use of our website and app, as well as any other related products and services (collectively, the “Service” or “Services”). All references to “we”, “us”, “our”, “Mooch”, or “Knab” refer to Knab, Inc., a Delaware corporation. All references to “you”, “your”, or “partner” relate to the person who registered an account on amoochlife.com or through the Mooch mobile application (collectively, the “App”) (an “Account”) to use or access the Services. In addition to these Terms, please review Mooch’s Privacy Policy (https://amoochlife.com/pages/our-privacy-policy-synapse), which describes our practices related to collection and use of your information to provide the Service. By creating an Account, you represent and agree that you have read, understand, and agree to accept and be bound by these Terms and you acknowledge that you have read and understand our Privacy Policy. You hereby represent that you have the full right, power, and authority to enter into these Terms and to fully perform all of your obligations hereunder and that you are under no legal disability or contractual restriction that prevents you from entering into these Terms.PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.Please note that the section on Dispute Resolution (Section 21) contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.Do not hesitate to contact us at hello@amoochlife.com if you have any questions or want to discuss either of these important documents.
2. OVERVIEW OF THE SERVICE
The Service fundamentally provides you with the ability to control your budget by automatically transferring money from your paycheck (“Paycheck”) into different envelopes (“Envelopes”) in accordance with information, including designated recipients, scheduling, and Envelope funding amounts, you provide to us or to Third Party Partners (as defined below) within the App. For instance, you can use the App to designate distribution from your Paycheck to separate Envelopes for rent, cell phone bills, or an emergency fund. You can select an Envelope category from a list of categories that we have pre-populated for you. You can also create a custom Envelope category. We may add or remove Envelope categories at any time. Subject to these Terms, partners that create an Account through the Services and complete our verification requirements, as set forth below, will be able to use the Services.
3. AGE POLICY; PERMITTED PARTNERS
We do not intend that the Service be used by anyone under 18 years old. If we learn or have reason to suspect that an individual who has created an Account is under 18 years of age, we will promptly revoke such individual’s access to the Service and delete any personally identifiable information submitted by that individual. Further, you represent and warrant that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.
4. YOUR ACCOUNT & YOUR INFORMATION
4.1 You Must Register for an Account
To access our Services, you will need to register an Account and provide all information requested in the user registration process, including your first and last name, physical or mailing address, email address, phone number, birth date, Apple ID, iCloud information, social security number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) (please see our Privacy Policy (https://amoochlife.com/privacy-policy-synapse) for more information on our practices related to collection and use of your data), and you agree to our use of such information. As part of the Account registration process, before you can use the Services, you must designate and connect a valid U.S. bank account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it up to date. We reserve the right to suspend or terminate your Account according to these Terms if we determine that any information provided by you is inaccurate or incomplete. You may not register or attempt to register for an Account on behalf of another party. In addition, without our express written consent, you may not register or attempt to register for an Account on behalf of a partner of Mooch who was previously terminated from use of the Services.
4.2 Maintaining Your Account Current
You agree to keep the information in your Account current. You must promptly update your Account with any changes affecting you, your Envelopes and any relevant deadlines, your bank account, or any other pertinent information. We may suspend your Account or terminate this Agreement if you fail to keep this information current.
4.3 We Will Verify Your Identity
We and Third Party Partners are required to comply with many regulations, including anti-money laundering laws. As such, we are required to obtain information about and verify the identity of our partners. To comply with our obligations under applicable laws, or the obligations of Third Party Partners whose services you utilize through our Services, we will request that you provide certain information to us about you during the registration process for your Account, or at any other time deemed necessary by Mooch. This information will be used by us for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes. You agree that all such information provided by you will be complete and accurate, that you will keep us updated if any of the information you provide changes, and that we may keep a record of such information consistent with our internal policies. In addition to collecting information from you, we are required to take reasonable steps to verify your identity as a partner. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number).You expressly authorize us to take any and all actions that we reasonably deem necessary to verify your identity or protect you and/or us against fraud or other financial crime for the purpose of us providing Services to you. These may include, but are not limited to, engaging third party services to assist with such verification efforts, sharing your information with such third parties, and collecting additional information about you from such third parties. See our Privacy Policy for more information on how we process your personal data and the rights you have in respect of this.
4.4 Third Party Services and Third Party Partners
The Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications, content, accounts, products, services, or other resources (“Third-Party Services”). In addition, your use of some of our Services may require you to enter into an agreement with certain third party partners in order to use the Third-Party Services provided by such third party (collectively, “Third Party Partners”), including but not limited to Third Party Partners who provide you with financial and banking services required for your use of some of the Services, including but not limited to electronic funds transfers (“EFTs”) and your use of Envelopes. You can determine the Third Party Partner(s) that provide Third-Party Services to you by visiting https://synapsefi.com/legal for Synapse partners. Throughout the term of this Agreement, we may share personal information about you and your Account with Third Party Partners or the providers of Third-Party Services in order to verify your eligibility to use the Services or the Third-Party Services, conduct risk management and compliance reviews, and otherwise facilitate providing you with the Services or Third-Party Services in compliance with applicable laws and regulations, including any rules, guidelines, service terms, or by-laws of any of the Third Party Partners (“Third Party Rules”).
4.5 You Must Safeguard Your Account
You are responsible for safeguarding your login credentials, password, and any other Account information related to your Account with us and to your relationship with any Third Party Partner. You agree not to disclose your password to, or share your Account with, any third party. You are solely responsible for maintaining and protecting your account credentials. If you become aware that an unauthorized third party is using your information to interact with the Service or with any Third-Party Services, you must promptly notify us and the Third Party Partner, as applicable, of such use. You agree that we will not be liable for any loss or harm that you incur if someone else uses your information to interact with the Service, either with or without your knowledge, and that you will be solely responsible for such use, whether or not you authorized the use. Notwithstanding the foregoing, if you determine one or more unauthorized EFTs have occurred involving the Third Party Services you use through our Services, then your liability for such unauthorized EFTs may be limited if you provide prompt notice of such unauthorized EFTs to the relevant Third Party Partner help@Synapsefi.com within 2 business days.
4.6 Additional Verification
In addition to the above, at any time during your use of the Services, we, our Third Party Partners, or the providers of Third-Party Services may require additional information from you to validate information you provided and verify your identity. This additional information may include contact information verification, copies of government-issued identification, or other pertinent financial information. Your failure to provide this information or material may result in suspension or termination of your Account.
5. SERVICES
5.1 Acknowledgment of Authorization
As referenced above, some of the Services we make available to you rely on Third-Party Services offered by Third Party Partners. Certain of these Third Party Partners require Mooch to pass additional terms of service through to you (the “Third Party Partner Terms”). These Third Party Partner Terms are subject to change at the applicable Third Party Partner’s discretion and we may change our Third Party Partners at any time with or without notice to you. A current list of Third Party Partner Terms that relate to your use of our Services is available here https://synapsefi.com/legal for Synapse partners. By creating a Mooch Account and initiating bank deposits or withdrawals, using the Services, and agreeing to these Terms, you also agree to be bound by each Third Party Partner’s Terms which are incorporated into these Terms by this reference and you further acknowledge each of their respective privacy policies. You must comply with these Third Party Partner Terms when creating or using your Mooch Account. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND ANY THIRD PARTY PARTNER TERMS THAT APPLY TO YOUR USE OF OUR SERVICES BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR MOOCH ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSAL, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.You agree that Mooch shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including a Third Party Partner.Mooch is not liable for loss or damage from errant or invalid transactions processed through a Third Party Partner. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. To enable us to fulfill Envelopes for you, you authorize and direct us, our affiliates, and our Third Party Partners to receive and settle any amounts due to you and any Envelope recipients you designate through the Services. You appoint Mooch as your agent solely for the purposes of directing and receiving instructions related to the Third Party Partner’s holding and settling such amounts through use of the Services. We will promptly update your Account balance to reflect any such amounts that the Third Party Partner receives on your behalf. Mooch is not a bank and we do not accept deposits, provide loans or extend credit. You are liable for all losses you incur when lost or stolen payment credentials or accounts are used to direct funds to or away from your Envelopes. Mooch does not and will not insure you against losses caused by fraud under any circumstances.
5.2 Support
Mooch will provide you with support in the event you have general issues relating to your Account or your use of the Services. We may make this support available to you via the App. If you cannot resolve the issues you are having with the support we make available to you via the App, please feel free to contact us at hello@amoochlife.com.
5.3 Fees and Penalties
Mooch will provide the Services to you for no fees (the “Fees”). While we will not charge fees for the use of services, Mooch will take the interest your account earns. We may revise the Fees at any time via the Mooch website. If we revise our Fees, Mooch will provide you with no less than 30 days’ advance notice of such change. You are responsible for paying any fees that may be charged independently by your financial service provider. In addition, you are also responsible for any penalties or fines (“Fines”) imposed in relation to your Account on you or Mooch by Mooch or any third party resulting from your use of the Services in a manner not permitted by this Agreement. If you have any Fines outstanding, we may withhold fulfillment of your Envelopes. Mooch may earn fees on any interest rate spread (i.e., the difference between the prevailing interest rate on deposits and the interest rate that partners of Mooch receive), if applicable. In addition to the Fees, you are also solely responsible for any penalties or fines imposed in relation to your Account on you or Mooch by Mooch or any third party resulting from your use of the Services in a manner not permitted by this Agreement, and you hereby agree to indemnify Mooch for any such penalties or fines imposed on Mooch.
5.4 Taxes
Although we do not currently charge our partners fees, if in the future we do charge fees, such fees shall be exclusive of any applicable taxes, except as expressly stated to the contrary. You shall pay, indemnify, and hold Mooch harmless from (i) any sales, use, excise, import or export, value-added, or similar tax or duty, and any other tax or duty not based on Mooch’s income, and (ii) all government permit fees, customs fees, and similar fees which Mooch may incur with respect to this Agreement. Such taxes, fees, and duties paid by you shall not be considered a part of, a deduction from, or an offset against, payments due to Mooch hereunder. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any interest received through the Services, if applicable, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities.
5.5 Settlement of Envelopes
Subject to the terms of this Agreement, Mooch will provide instructions to the Third Party Partner, bank, or other financial institution – as applicable – that you designate in connection with filling and withdrawing between Envelopes and the bank or other financial institution account that you designate (your “Bank Account”). Mooch will carry out these instructions from you in accordance with the schedule and information provided by you about your Paycheck and your Bank Account, minus any Fees, Fines, setoffs, recoupments or other amounts that you may owe to Mooch under this Agreement. You affirm that you are authorized to initiate settlements to and debits from your Envelopes and your Bank Account, as applicable, and that your Bank Account is owned by you. If you update your Bank Account, then you must ensure that you continue to comply with the requirements of this section. We may require you to provide us with documentary proof demonstrating your compliance with this section, and your failure to provide such proof will constitute a breach of this Agreement. You acknowledge that your Envelopes may not be fulfilled in full if the Envelope amounts that you have designated to be distributed from your Paycheck or Bank Account are not sufficient. Mooch is not responsible for confirming such sufficiency in advance or for notifying you at any time in the event of any insufficiency. Further, you acknowledge and agree that Mooch shall not be responsible for any damages incurred by you as a result of an Envelope not being fulfilled. If the payout to the Envelopes you designate is not sufficient to cover the amounts specified by you, without limiting our other rights and remedies (all of which are cumulative), you agree that we may debit your Bank Account for the applicable amounts. Upon our request, you agree to provide us with all necessary bank account routing and related information and grant us permission to debit amounts due from your Bank Account. We may require a holding period before making initial settlement to your Envelopes. Your payout schedule (i.e., the time it takes for Mooch to initiate settlement to your Envelopes) will be specified in the App, or as otherwise designated by Mooch. Please be aware that a Third Party Partner or the financial institution holding your Bank Account may delay settlement for any reason (and thus delay your Envelope fulfillment schedule), and we are not responsible for any harm suffered by you stemming from such delay. We are not responsible for any action taken by the institution holding your Bank Account to not make funds available to you as you expected. In addition, settlement to your designated Envelopes is subject to standard automated clearing house (“ACH”) schedules that we do not control. We reserve the right to suspend settlement to your Envelopes. Examples of situations where we may do so include, but are not limited to: (i) in the event that we suspect or become aware of suspicious activity; or (ii) where we are required by applicable law or court order. We have the right to withhold settlement to your Envelopes upon termination of this Agreement if we reasonably determine that we may incur losses resulting from credit, fraud, or other legal risks associated with your Account. If we exercise our right to withhold a payout to your Envelopes for any reason, we will communicate the general reason for withholding such payment and give you a timeline for releasing the funds.
5.6 Dormancy
If you leave any funds dormant in your Account and you do not give us instructions where to send them, we may be required by applicable law to deem the funds to be abandoned by you, and to deliver them to various government agencies. To the extent required by applicable law, we will attempt to provide you with notice if we hold funds payable to you in an account beyond the applicable dormancy period for abandoned property.
5.7 Suspension or Refusal of Transactions
Mooch may refuse, condition, or suspend any Envelope transactions or other EFTs that we believe: (i) may violate this Agreement or other agreements you may have with us; (ii) are contrary to any applicable laws, rules, regulations, Third Party Rules, or any other compliance obligations imposed on us or on Third Party Partners, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Mooch, Third Party Partners, or others to risks unacceptable to Mooch. If we suspect or know that you are using or have used the Services or the Third Party Services for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate Third Party Partner, financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your Account, and transactions made through your use of the Services
6. PERMITTED USE OF THE SERVICE
You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service. Further, you represent and warrant that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms. You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, taking any of the following actions: accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any partner, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. Further, you agree not to take any of the following actions when using the Service: modifying, making derivative works of, decompiling, reverse-engineering, disassembling, or otherwise convert any aspect of the Service; licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, or otherwise commercially exploiting the Service; accessing the Service in order to build a similar or competitive service; accessing (or attempting to access) any part of the Service by means other than through the interface that is provided by us; removing, obscuring or altering any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service; or using the Service except as permitted by these Terms. In addition, you may not use the Services to enable any person (including you) to benefit from any activities Mooch has identified as a restricted business or activity (collectively, “Restricted Businesses”). Restricted Businesses include use of the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). Restricted Businesses shall also include, but not be limited to, any party participating in: Any activities that violate these Terms, any Third Party Partner Terms, any Third Party Rules, or any other agreement that you have entered into with us or any of our agents in connection with the Payment Processing Services; Any activities that violate applicable law; Investment and credit services; Money and legal services, including money transmitters and money services businesses, check cashing businesses, currency exchanges or dealers, bill-pay services, crowdfunding, insurance, bail bonds, collections agencies, law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm; Gambling, including internet gambling, lotteries, bidding fee auctions, sports betting, internet gaming, contests, sweepstakes, games of chance including legal or illegal forms of gambling; Adult services, including pornography and other obscene materials (including literature, imagery and other media) depicting nudity or explicitly sexual acts, sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features, sexually oriented items (for example, adult toys), adult video stores and sexually oriented massage parlors, gentleman’s clubs, topless bars, and strip clubs, sexually oriented dating services; Illegal drugs or drug paraphernalia; Infringement of intellectual property or proprietary rights; Counterfeit or unauthorized goods; The sale of illegal products or services; Unfair, predatory, or deceptive practices, including pyramid or “get-rich-quick” schemes; and Any products or services that are otherwise restricted by third parties we work with in providing you with the Service. If you are uncertain whether a category of business or activity is restricted or have questions about how these restrictions apply to you, please contact us at hello@amoochlife.com. We may add to or update the Restricted Businesses at any time.
7. OWNERSHIP OF THE SERVICES
The Services contain important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Services for the purposes permitted by these Terms, and only for as long as you are permitted to access the Services. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Further, you may choose to, or we may invite you to submit comments, suggestions, or ideas about the Services or the App, including how to improve the Service (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by its employees, or obtained from other sources. You understand that we may treat Feedback as nonconfidential.
8. THIRD-PARTY SITES AND SERVICES
As referenced above, our Service may provide links to, or otherwise be integrated with, Third-Party Services, including services provided by Third Party Partners, as part of the functionality of the Service. We provide these links or integrations only as a convenience, and you understand that we do not have control over such third parties or their services and that such third parties are not agents of Mooch.
Mooch has contracted with certain service providers in order to provide services to you. One service provider is Synapse Financial Technologies, Inc. (“Synapse”), a technology service provider that owns or otherwise has relationships with certain banks and financial institutions and service providers (each of the foregoing being a “Partner Financial Institution”). Synapse Financial Technologies, Inc., is not a bank. By creating an account with Mooch and initiating financial transactions, you agree to Synapse’s Terms of Service and Privacy Policy. You also agree to the terms of service and privacy policy of Synapse Financial Technologies, Inc.’s program bank partners, a list of which can be found at www.synapsefi.com/legal corresponding to the financial service and product(s) you select (collectively, “Synapse Terms”), each of which can be found here and which are incorporated herein by reference. You authorize Mooch to share your identity and financial information with Synapse as detailed in Mooch Privacy Policy and Synapse’s Privacy Policy. By creating an account with us, you acknowledge that Synapse may share your information as necessary with their affiliates, program bank partners, Member FDIC and other service providers in connection with providing their respective services. It is your responsibility to make sure that the information you provide to Mooch is accurate and complete. Additionally, you are responsible for complying with Synapse Terms when using your account. It is your responsibility to read and understand Synapse Terms as it contains terms and conditions relating to your account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitrations provisions. All financial transactions are performed by and accounts held by Synapse’s Partner Financial Institutions, as applicable. Mooch will provide you with all access to all transaction notifications and account balances in addition to providing customer support relating to your account. You should refer to your account agreements with the applicable Partner Financial Institution for more important information.
https://Synapsefi.com/tos
https://Synapsefi.com/privacy
Synapse Financial Technologies, Inc.’s program bank partners, a list of which can be found at www.synapsefi.com/legal
You acknowledge and agree that we make no representation or warranty about, express or implied, and do not endorse, and will not be liable for any Third-Party Services, or the third parties they are owned and operated by, or the information provided by third parties, or the suitability of the Third-Party Services, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any Third-Party Service or any harm or losses arising from or relating to your use of any third-party Service or. You should contact the third party with any questions about their products and services. We hereby disclaim and you hereby discharge, waive and release us and our licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and any Third Party Services. If you are a California resident, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
9. UPDATES TO THE SERVICE
We may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. If you do not want such Updates, your remedy is to terminate your Account and stop using the Service. If you do not terminate a previously created Account, you may receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service. Your continued use of the Service is your agreement to these Terms with respect to the Services.
10. RISK FACTORS
10.1 No Insurance
Value balances on Mooch are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. Mooch is not a bank and does not offer fiduciary services. You acknowledge that balances are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
10.2 New Technical Risk
Software used for the Mooch Services is relatively new and could have bugs or security vulnerabilities. Further, the software is still under development and may undergo significant changes over time that may not meet partners’ expectations.
10.3 Risk of Reliance on Third Parties
The Mooch Services rely in whole or partly, on third party software and the continued development and support of third parties. There is no assurance or guarantee that those third parties will maintain their support of their software, which might have a material adverse effect on the Mooch Services.
10.4 Information Security Risk
Use of the Mooch Services may be subject to expropriation and/or theft. Hackers or other malicious groups or organizations may attempt to interfere with the Mooch Services in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, there is the possibility that software underlying the Mooch Services may contain intentional or unintentional bugs or weaknesses which may negatively affect the Mooch Services or result in the loss of a partner’s balance or the loss of a partner’s ability to access or control their Mooch Account. In the event of such a software bug or weakness, there may be no remedy and partners are not guaranteed any remedy, refund, or compensation.
11. INFORMATION WE MAKE AVAILABLE TO YOU
As part of the Service, we may provide you with various information in furtherance of the Service. Our intention in doing so is to be helpful and to make the Service more useful to you. However, you agree that all information and suggestions that we provide to you through the Service is strictly for informational purposes and shall not be construed or relied upon in any way, and specifically shall not be construed or relied upon as professional advice of any kind. You agree that, to the fullest extent permitted by law, and as detailed below in the “Limitation of Liability” section of these Terms, we will not incur any liability at all whatsoever in the event that your reliance on any information provided by us results in harm or damage to you or your property.
12. INFORMATION YOU PROVIDE TO US
As a core aspect of the functionality of the Service, you may provide us with information about yourself, by giving us access to information collected by third parties, and by using the Service. By providing this information and content, you grant us the right to use the information and content for the purposes described in these Terms and our Privacy Policy (https://amoochlife.com/pages/our-privacy-policy-synapse). While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content as specified in these Terms and our Privacy Policy. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide on the Service. In addition, we should not be relied upon as a means to store your data or information and we assume no responsibility for such activities.
13. INAPPROPRIATE AND ILLEGAL CONTENT PROHIBITED
You agree not to transmit any inappropriate content on the Service including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; content that is misleading or not true; or advertise or otherwise solicits funds for goods or services. We may remove such content from our servers, and we may suspend or revoke your access to the Service, and we reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.
14. NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright and/or trademark infringement, please provide a notice (a “DMCA Notice”) with the following information to Mooch’s Copyright Agent: a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; b) A detailed description of the copyright work or trademark that you claim has been infringed; c) A description of precisely where the material that you claim is being infringed is located on the Service; d) Your address, telephone number, and email address; e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law; and f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.Mooch’s Copyright and Trademark Agent for DMCA Notices is: Attention: Legal Department Mooch 432 Fremont Ave Pacifica, CA 94044 hello@amoochlife.comWe may give notice to our partners by means of a general notice on our Service, electronic mail to a partner’s email address in our records, or by written communication sent by first-class mail to a partner’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright and Trademark Agent. To be effective, the counter-notification must be a written communication that includes the following: a) Your physical or electronic signature; b) Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled; c) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and d) Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Mooch may be found, and that you will accept service or process from the person who provided notification of alleged infringing material or an agent of such person. Mooch may terminate Accounts that have been the subject of five (5) separate DMCA notices. In the event a partner’s materials are removed due to a DMCA Notice and then subsequently restored due to the filing of a counter-notification, Mooch will treat the underlying DMCA Notice as withdrawn. Mooch reserves the right to terminate Accounts that are the subject of fewer than five (5) DMCA Notices in appropriate circumstances - such as where the partner has a history of violating or willfully disregarding these Terms.
15. YOUR USE OF OTHERS’ INTELLECTUAL PROPERTY
Although you may provide information and content to Mooch as part of your use of the Service, you agree to be respectful of others’ intellectual property rights. You may not upload, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information that is generated or submitted through your use of the Service. We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or revoke access to the Service for any partner who is found to have infringed on the intellectual property rights of third parties, or us, or otherwise is found to have violated any intellectual property laws.
16. TERMINATION OF YOUR USE OF THE SERVICE
At any time, you may discontinue your use of the Service. To request deactivation of your Account, please email hello@amoochlife.com. Please visit our Privacy Policy (https://amoochlife.com/pages/our-privacy-policy-synapse) to understand how we treat your information when you discontinue your use of the Service. After we receive a request from you to deactivate your Account, we will cancel Envelope transactions you may have scheduled that have not been initiated. You acknowledge that your Account will not be deleted, and you may request reactivation by emailing the address provided above. We reserve the right to take action to limit or prevent your access to our Service, if we, in our sole discretion, deem that such action is necessary based on: your use of the Service in a way that would potentially expose us to liability; disruption of the Service by you to others; your violation of these Terms or our Privacy Policy; your violation of any applicable laws, rules, regulations, and agreements that may apply to you; and your use of the Service in a way that could cause harm to any person. After termination by either party, you shall no longer have access to, and shall cease all use of the Services. Any termination of this Agreement does not relieve you of any obligations to pay any Fees, Fines, or any other financial obligation incurred by you or through your use of the Services prior to or after termination. In addition, all licenses granted to you by Mooch under this Agreement will end.
17. ASSUMPTION OF RISK
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT IF YOU CHOOSE TO USE THE SERVICE, YOU ARE DOING SO VOLUNTARILY. YOU ASSUME ALL SUCH RISKS WITHOUT LIMITATION.
18. DISCLAIMER OF WARRANTIES; “AS IS”
WE ARE MAKING THE SERVICE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO ANY OF THE FOLLOWING: ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE SERVICE; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE; ANY LOSS OR UNAUTHORIZED DISCLOSURE OF DATA; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION WITH ANY SERVICES OFFERED THROUGH THE SERVICE; AND ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00).THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
20. INDEMNIFICATION
In the event that any third party brings a claim against us related to your actions, content, information, or any other use of the Service by you, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim and will provide you with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at our expense) for which indemnity is required. You may not settle any claim without our prior consent.
21. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MOOCH TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND MOOCH FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND MOOCH AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. MOOCH AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.You agree to resolve any dispute, claim, or controversy with Mooch arising out of or relating to your use in any way of the Service in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at hello@amoochlife.com). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Mateo County, California, and the costs of which shall be divided equally between you and Mooch. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Mateo County, California. Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above. We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this section shall be confidential, and neither you, nor Mooch, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. YOU AND MOOCH EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. Nothing contained in this section shall limit our ability to take action related to your access to the Service as provided in these Terms.
22. GOVERNING LAW, VENUE, & PERSONAL JURISDICTION
These Terms shall be governed by, and construed and interpreted in accordance with the laws of the State of California to the exclusion of its conflict of laws provisions.
23. SEVERABILITY WAIVER
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
24. CHANGES TO THESE TERMS
Mooch reserves the right to change these Terms from time to time, with 30 days notice to you before the effective date. If you continue to use the Service, you consent to the new Terms. Any changes to these Terms will become effective on the “Effective Date” indicated above. If you continue to use the Service after the Effective Date, you consent to the new Terms. Mooch will always have the latest Terms posted on the Service.
25. CONTACT US
If you have any questions about these Terms or our Service, please feel free to contact us by email at hello@amoochlife.com.
26. HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.
