FYI Mobileware Inc.
TERMS OF SERVICE
Last Revised: August 23, 2016
THESE TERMS OF SERVICE (THE “TERMS”) APPLY TO YOUR USE OF THE IXPENSEIT MOBILE APPLICATION, THE WEBSITE LOCATED AT WWW.FYIMOBILEWARE.COM, WWW.MOBILEWAREINC.COM AND THE SERVICES RELATED TO THE FOREGOING (COLLECTIVELY, “IXPENSEIT”) PROVIDED BY FYI MOBILEWARE, INC. (“FYI MOBILEWARE”, “MOBILEWARE”, “WE” OR “US”).
PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY.
BY USING IXPENSEIT, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THE TERMS, YOU MAY NOT ACCESS OR USE IXPENSEIT.
iXpenseIt Service and Features. iXpenseIt is a personal finance information management service that allows you to consolidate and track your financial information.
Privacy. You agree that FYI Mobileware may collect and use technical data and information in connection with your use of iXpenseIt (including, but not limited to, contact information and technical information about your device, system and iXpenseIt software, and peripherals) that are gathered periodically to facilitate the features and functionality of iXpenseIt and software updates, product support and other services. Please see our Privacy Policy for more information about how FYI Mobileware collects, uses, stores and discloses information collected through iXpenseIt. You also hereby consent to FYI Mobileware communicating with you about iXpenseIt or in connection with the features, functions and activities contained in iXpenseIt.
License. Subject to the terms, conditions and limitations set forth in the Terms, FYI Mobileware grants you a nonexclusive, non-transferable and revocable license to use iXpenseIt on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by FYI Mobileware that replace and/or supplement the original iXpenseIt, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Restrictions. You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make iXpenseIt available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense iXpenseIt; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of iXpenseIt, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in iXpenseIt. If you violate any of the restrictions set forth in the Terms, your use of iXpenseIt will immediately cease, and you will have infringed the copyright and other rights of FYI Mobileware, which may subject you to prosecution and damages. FYI Mobileware reserves all rights not expressly granted to you in the Terms.
Subscription Terms. Additional use is on a subscription basis. Subscriptions for Multi-Device Sync using iXpenseIt are available for $1.99 per month for monthly subscriptions or $19.99 per year for annual subscriptions, or as otherwise agreed to in writing by FYI Mobileware. iXpenseIt subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until cancelled. If you initiated your iXpenseIt subscription through Apple, see https://support.apple.com/en-us/HT202039 (or its successor website) for information about managing your auto-renewing subscription. Otherwise, subscriptions are non-refundable except as expressly set forth in writing by iXpenseIt. Termination of your iXpenseIt subscription will automatically terminate these Terms. By using iXpenseIt, you agree to be bound by and accept the subscription terms set forth in this section and any other terms set forth in an order with FYI Mobileware.
Registration Data & Account Information. You agree to: (i) provide accurate, current and complete information about you as may be prompted by the iXpenseIt registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to FYI Mobileware, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the Registration Data and any other information you provide to FYI Mobileware. You represent and warrant that all Registration Data is accurate, current and complete.
iXpenseIt is intended solely for users who are 13 years of age or older. In addition, if you are under 18 years old, you may use iXpenseIt only with the approval of your parent or guardian.
Third-Party Sites and Services; Third-Party Materials. iXpenseIt may provide links to third-party websites, applications, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, applications or materials (“Third-Party Materials”). FYI Mobileware does not endorse or control, and makes no representations or warranties of any kind regarding, any Third-Party Services or Third-Party Materials, including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any third-party website or application, you should be aware that FYI Mobileware’ terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies, including, but not limited to, privacy and data gathering practices, of any third-party website or application to which you navigate from iXpenseIt.
Third-Party Interactions. Your use of iXpenseIt and your contact, interaction or dealings with any third-parties arising out of your use of iXpenseIt is solely at your own risk. You acknowledge and agree that FYI Mobileware is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of iXpenseIt.
User Content and Conduct. You are solely responsible for all content you upload to or use with iXpenseIt, as well as your conduct and the conduct of anyone using your account. The content you upload to or use with iXpenseIt must comply with the user content and conduct rules below. Enforcement of the user content and conduct rules set forth in the Terms is solely at FYI Mobileware’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that iXpenseIt will not contain any content that is prohibited by such rules.
You agree not to upload to, transmit, distribute, store, create or otherwise publish through iXpenseIt any of the following:
FYI Mobileware takes no responsibility and assumes no liability for any user conduct or for any user content posted or uploaded on (or otherwise made available via) iXpenseIt, nor is FYI Mobileware liable for any mistakes, defamation, slander, libel, omissions, or other material you may encounter while using iXpenseIt. Your use of iXpenseIt is at your own risk.
Although FYI Mobileware does not control and has no obligation to screen, edit or monitor any of the user content posted or uploaded on (or otherwise made available via) iXpenseIt, FYI Mobileware reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or uploaded on iXpenseIt at any time and for any reason without notice. Any use of iXpenseIt in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use iXpenseIt.
Except for any feedback you provide with respect to iXpenseIt or any of FYI Mobileware’ products and services or as specifically provided otherwise in the Terms or in a separate agreement between you and FYI Mobileware, you retain ownership of the user content you post or upload on (or otherwise make available via) iXpenseIt. However, if you post or upload user content on (or otherwise make available via) iXpenseIt, you grant FYI Mobileware and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, and distribute such user content solely to enable FYI Mobileware to operate iXpenseIt. You represent and warrant that: (i) you own and control all of the rights to the user content that you post or upload on (or otherwise make available via) iXpenseIt or you otherwise have the right to make available such user content via iXpenseIt and grant the rights granted in the Terms; and (ii) FYI Mobileware’ use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.
Location Information. iXpenseIt collects location information and it will be used and disclosed as set forth in the Privacy Policy.
You acknowledge and agree that by accepting the Terms or using iXpenseIt you affirmatively consent to FYI Mobileware' collection, use, disclosure and storage of your location information.
You may revoke your consent with respect to FYI Mobileware' collection, use, disclosure and storage of your location information at any time by contacting support@ixpenseit.com and deleting the app from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, FYI Mobileware will continue to collect this location information.
If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, iXpenseIt will resume the collection of location information.
FYI Mobileware takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
iXpenseIt is for your use and to collect your location information. You may not use iXpenseIt to collect another individual's location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to prosecution and damages.
Ownership. iXpenseIt contains the valuable proprietary content of FYI Mobileware and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use iXpenseIt except in its intended manner in accordance with the terms and conditions of the Terms.
Modification of Terms. FYI Mobileware reserves the right to change any of the terms and conditions contained in the Terms, or any policy or guideline of FYI Mobileware, at any time and in its sole discretion by posting the revisions via iXpenseIt. Additionally, notice may be provided by sending an email, by posting the revised Terms on the Site or by such other form of notice as determined by FYI Mobileware. Changes will only become effective at the end of the 30 day period commencing upon the posting of the changes via iXpenseIt (“Notice Period”). If you disagree with any changes, you may terminate your use of iXpenseIt within the Notice Period and, if termination is effective prior to the end of your current subscription period, you may be entitled to a prorated refund. Please contact support@ixpenseit.com for refund information. You should review the Terms on a regular basis and read the notices FYI Mobileware sends to you. Use of iXpenseIt after the Notice Period will constitute your acceptance of the changes/modifications.
Termination. The Terms are effective on the date that you first access or use iXpenseIt, or as otherwise set forth in an order with FYI Mobileware, and continue for the length of your subscription period. You may terminate these Terms (a) if FYI Mobileware does not cure any breaches its obligations under these Terms within 30 days of your written notice of such breach; (b) by canceling your iXpenseIt subscription as set forth above; or (c) as otherwise consented to in writing by FYI Mobileware. FYI Mobileware may terminate these Terms if you breach any of the terms and conditions of these Terms. In the event of any termination of the Terms: (i) all licenses granted under the Terms will immediately terminate; and (ii) you must immediately cease all use of iXpenseIt and destroy or erase all copies of iXpenseIt in your possession or control. All of the sections of the Terms will survive any termination except the “License” section. Any use of iXpenseIt after termination is unlicensed and is in violation of the copyright and other rights of FYI Mobileware.
Disclaimers. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF IXPENSEIT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IXPENSEIT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FYI MOBILEWARE DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, IXPENSEIT, ALL RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT FYI MOBILEWARE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. FYI MOBILEWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN IXPENSEIT WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF IXPENSEIT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN IXPENSEIT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY FYI MOBILEWARE OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
Indemnification. You agree, at your sole expense, to defend, indemnify and hold FYI Mobileware, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or the rights of any third-party; or (iii) any user content.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL FYI MOBILEWARE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO IXPENSEIT, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF FYI MOBILEWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL FYI MOBILEWARE’ TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE FEE FOR THE SERVICE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).
Electronic Communications. Notwithstanding any terms to the contrary in the Terms, FYI Mobileware may choose to electronically deliver all communications with you, which may include: (i) email to your email address listed in your Registration Data; or (ii) posting messages that are displayed to you when you log into or access your account. FYI Mobileware’ electronic communications to you may transmit or convey information about action taken as a result of your request, portions of your requests that may be incomplete or require additional explanation, any notices required under applicable Law and any other notices. You agree to do business electronically with FYI Mobileware, and to receive, electronically, all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
Governing Law; Arbitration. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FYI MOBILEWARE AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FYI MOBILEWARE.
You and FYI Mobileware agree to arbitrate any dispute arising from the Terms or relating to iXpenseIt, except that you and FYI Mobileware are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and FYI Mobileware agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Francisco, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and FYI Mobileware also agree that the state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND FYI MOBILEWARE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of iXpenseIt for use on the iPhone, iPod Touch or iPad:
Acknowledgement. You and FYI Mobileware acknowledge that the terms are solely between you and FYI Mobileware, and not with Apple, Inc. (“Apple”), and FYI Mobileware, not Apple, is solely responsible for iXpenseIt and the content contained within iXpenseIt. You further acknowledge that the usage rules for iXpenseIt are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download iXpenseIt. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
Scope of License. The license granted to you is limited to a non-transferable license to use iXpenseIt on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support. FYI Mobileware is solely responsible for providing maintenance and support services with respect to iXpenseIt. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to iXpenseIt.
Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to iXpenseIt. In the event of any failure of iXpenseIt to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for iXpenseIt by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to iXpenseIt. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of FYI Mobileware. However, you understand and agree that in accordance with the Terms, FYI Mobileware has disclaimed all warranties of any kind with respect to iXpenseIt, and therefore, there are no warranties applicable to iXpenseIt, except those implied by law.
Product Claims. You and FYI Mobileware acknowledge and agree that as between Apple and FYI Mobileware, FYI Mobileware, not Apple, is responsible for addressing any of your claims or any third-party claims relating to iXpenseIt or your possession and/or use of iXpenseIt, including, but not limited to: (i) product liability claims; (ii) any claim that iXpenseIt fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and FYI Mobileware acknowledge and agree that, in the event of any third-party claim that iXpenseIt or your possession and use of iXpenseIt infringes that third-party’s intellectual property rights, FYI Mobileware, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.
Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any end-user questions, complaints or claims with respect to iXpenseIt should be directed to:
FYI Mobileware Inc.
25 Health Sciences Dr
Stony Brook, NY 11790
Email: support@ixpenseit.com
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.