Terms of Service

Version 2025.01 | Last updated: January 2025

1. Acceptance of Terms

By accessing or using PocketSafe ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App. These Terms constitute a legally binding agreement between you and PocketSafe.

2. Age Requirement

You must be at least 18 years old to use PocketSafe. By using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are under 18, you may not use the App.

3. Description of Service

PocketSafe is a personal finance management application that helps you track your spending, budgets, and net worth. The App connects to your financial institutions through third-party services (Plaid and Finicity) and stores all financial data locally on your device. We operate a stateless proxy server that facilitates these connections but does not store, log, or have access to your financial data.

4. Account Registration

To use certain features of the App, you may need to create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use
• Accept responsibility for all activities under your account
• Not share your account with others

5. Financial Data and Third-Party Services

The App allows you to connect your financial accounts through Plaid and Finicity. By using these features, you:

• Authorize Plaid and/or Finicity to access your financial data on your behalf
• Understand that your financial data is stored only on your device
• Accept that PocketSafe does not have access to your financial data
• Agree to Plaid's Terms of Service and End User Privacy Policy
• Agree to Finicity's Terms of Use (if applicable)

PocketSafe is not responsible for the availability, accuracy, or security of data provided by your financial institutions or these third-party services.

6. Subscriptions and Payments

PocketSafe offers both free and paid subscription tiers:

• Free: Basic features with limited account connections
• Pro ($39.99/year): Unlimited accounts and all features
• Lifetime ($99.99 one-time): Permanent access to all Pro features

For paid subscriptions:

• Payments are processed through Apple's App Store
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• You can cancel anytime through your Apple ID settings (Settings > Apple ID > Subscriptions)
• Refunds are handled according to Apple's refund policy
• Prices may change with advance notice; you can cancel before changes take effect

7. Acceptable Use

You agree not to:

• Use the App for any illegal purpose
• Attempt to reverse engineer, decompile, or disassemble the App
• Interfere with the App's security features or bypass any measures
• Use the App to transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' data
• Use automated means (bots, scrapers) to access the App
• Violate any applicable laws or regulations
• Use the App in any way that could damage or overburden our infrastructure

8. Intellectual Property

The App and its original content, features, and functionality are owned by PocketSafe and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our services without express written permission.

9. Financial Disclaimer

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The App will be uninterrupted, secure, or error-free
• The results obtained from the App will be accurate or reliable
• The App will meet your specific requirements
• Any errors will be corrected
• The App is free of viruses or other harmful components

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCKETSAFE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any financial decisions you make based on information in the App
• Data loss due to device failure, theft, or damage (your data is stored locally)
• Inaccuracies in data provided by your financial institutions or third-party services
• Service interruptions or unavailability
• Any indirect, incidental, special, consequential, or punitive damages
• Lost profits, data, or goodwill

In no event shall our total liability exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless PocketSafe and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App.

13. Termination

We may terminate or suspend your access to the App at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the App will immediately cease
• You may export your data before termination takes effect (if possible)
• All provisions that should survive termination will survive (including limitations of liability, indemnification, and dispute resolution)

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at legal@pocketsafe.app. We will attempt to resolve the dispute within 30 days.

14.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the English language, and judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

14.4 Exceptions

This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You may also bring claims in small claims court if your claims qualify.

14.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@pocketsafe.app within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

16. Apple App Store Terms

If you download the App from the Apple App Store, you also agree to Apple's Licensed Application End User License Agreement. In the event of any conflict between these Terms and Apple's terms, these Terms shall prevail except where prohibited by Apple's terms.

17. Export Control

The App may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export laws and not to export or re-export the App to any prohibited country, entity, or person.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes through the App or by email at least 30 days before changes take effect. Your continued use of the App after changes constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the App.

19. Severability

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

20. Entire Agreement

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

21. Contact Information

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

• Email: legal@pocketsafe.app
• Privacy inquiries: privacy@pocketsafe.app