Terms of Use

Applicability

This Terms of Use Agreement (“Agreement”) is a binding legal agreement between you or any other legal entity you represent (“Customer”, “you”) and Neu Money, Inc. doing business as “Neu” a Delaware corporation (“Neu”, “we”, or “us”). This Agreement includes all other operating rules, policies, and procedures, including our Privacy Policy, linked Privacy and our Acceptable Use Policy, linked Terms & Conditions, that may be published from time to time on the Neu website by us, each of which is incorporated by reference and each of which may be updated from time to time with or without notice to you. This Agreement applies to your use of Neu Services as specified below.

Neu Services include without limitation, content, tools, applications, internal and external links, or any other service or information that we may offer on or through our website, https://www.neumoney.app (the “Site”).

Certain of the Neu Services may be subject to additional terms and conditions specified by us from time to time; your use of such Neu Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Acceptance of Terms of Use

YOUR RIGHT TO USE THE NEU SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS. BY USING THE NEU SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PROVISION OF THE TERMS, YOU MUST NOT ACCESS OR USE THE NEU SERVICES IN ANY MANNER FOR ANY PURPOSE.

Arbitration Notice And Class Action Waiver

YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Eligibility

To be eligible to use the Neu Services, you must be at least 18 years of age and a resident of the United States. If you do not meet these eligibility requirements, you may not, under any circumstances or for any reason, use the Neu Services. We may, in our sole discretion, refuse to offer the Neu Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access these Neu Services is revoked where these Terms of Use or use of the Neu Services is prohibited or to the extent offering, sale or provision of the Neu Services conflicts with any applicable law, rule or regulation. Further, the Neu Services are offered only for your use, and not for the use or benefit of any third party.

Registration

By submitting an application for a credit card, you are registering for an account for access to more Neu Services (an “Account”). You must register in order to complete the application. You must provide legally accurate and complete information and, should any registration information change, you must immediately update your Account information. We reserve the right to deny registration should we determine, in our sole discretion, that the information provided does not meet this or any other applicable requirements.

You are solely responsible for the activity that occurs on your Account, and for keeping your login credentials including any Account password secure. You must notify us immediately of breach of security or unauthorized use of your Account. You may close and delete your Account by following the procedures published on the Site.

Bank Account Information and Authorized Actions

For registered users, your Account information may include access credentials (for example, username and password) that allow you to gain online access to one or more accounts that you maintain with a third-party financial institution and that you choose to designate for use in connection with the Neu Services (each, an “Authorized Bank Account”). We work with one or more Third Party Services (as defined below) that will securely store pursuant to industry standards any Authorized Bank Account access credentials that you provide on the Neu Services and will access your Authorized Bank Accounts for the purposes of providing and improving the services we offer on the Neu Services. You may only provide account access credentials for and authorize us to access valid accounts that you hold in your own name. You may not provide access credentials for an account that is held by a third person. You must update your Account information to reflect any change to the username or password that is associated with any Authorized Bank Account.

If you choose to link your Authorized Bank Account, you authorize the use of this information to provide you with Neu Services. This authorization will remain in effect until you notify us that you wish to revoke this authorization, which may affect your ability to receive the Neu Services. The Third-Party Services provider that we currently work with is Finicity Inc. (“Finicity”) and we reserve the right to add or remove Third-Party Service providers from time to time at our sole discretion. By using the Neu Services, you grant us, Neu Money, Inc., and our Third-Party Service providers the right, power, and authority to act on your behalf and at your direction to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Finicity.

Use License

Subject to these Terms of Use, we grant each specific customer a worldwide, non-exclusive, non-sub licensable and non-transferable license to use information, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Neu Services solely for that specific customer to use the Neu Services. Use, reproduction, modification, distribution or storage of any aspect of the Neu Services for other than purposes of the authorized customer using the Neu Services is expressly prohibited.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Consent to Electronic Communications

You agree that submitting your application for Neu Services and indicating your agreement to the terms of this Agreement electronically during the application process constitutes your acceptance of this Agreement. You also agree that your electronic consent has and will have the same legal effect as a physical signature. By agreeing to the terms of the Agreement, you consent to us providing Notices and account statements to you electronically.

Third Party Services

The Neu Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Neu Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Apple, Inc. Device and Application Terms

If you are accessing the Neu Services via a mobile application (“Application”) developed by Neu Money, Inc., on a device provided by Apple, Inc. (“Apple”), or otherwise obtained access to the Neu Services through the Apple App Store, the following terms shall apply:

• Both you and Neu Money, Inc. acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, and that Apple is not responsible for, does not endorse, and is not involved in the application or the Neu Services;
• The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Neu Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as applicable;
• You will only use the Application in connection with an Apple device that you own or control;
• You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
• In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
• You acknowledge and agree that Neu Money, Inc., and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
• You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Neu Money, Inc., and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• Both you and Neu Money, Inc., acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
• Both you and Neu Money, Inc., acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof.

In App Purchases

Through the Neu Services, you may purchase (“In App Purchase”) certain goods designed to enhance the performance of the Neu Services (“Goods”). When you purchase Goods, you are doing so through Apple iTunes service and you are agreeing to Apple’s iTunes’ Terms and Conditions (http://www.apple.com/legal/itunes/us/terms.html). We are not a party to any In App Purchase.

Termination

We may terminate your access to all or any part of the Neu Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Neu Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation: ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

THE NEU SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE NEU SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE NEU SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE NEU SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE NEU SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Neu Services or Content, violation of these Terms of Use, or infringement by you, or any third party using your Account or identity in the Neu Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE NEU SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE LESSER OF (A) FEES PAID TO US FOR THE PARTICULAR NEU SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS:

• ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE NEU SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT (I) ANY DISPUTE RELATED TO YOUR USE OF A NEU MONEY, INC., “NEU” CREDIT CARD IS GOVERNED BY THE TERMS OF THE CARDHOLDER AGREEMENT, AND (II) TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF DELAWARE. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Neu Services or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of law rules, and the United States of America.

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Neu Services (including without limitation, the availability of any feature, database, or content) at any time with or without notice to you. If we do provide notice, we will do so by posting a notice on the Site or by sending you notice through the Neu Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Neu Services without notice or liability. While we may timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Neu Services following notification of any changes to these Terms of Use constitutes acceptance of those changes.

General Release Waiver. To the extent permitted by law, you shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Entire Agreement and Severability. These Terms of Use are the entire agreement between you and us with respect to the Neu Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Neu Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

No Waiver. Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

These Terms of Use are effective August 22, 2022