Welcome, and thank you for your interest in TIPGUARD LLC ("Pennie AI," "we," "our," or "us"). These terms of service ("Terms") establish the terms and conditions that apply to you when you use the Service (as defined below).
BY USING THE SERVICE OR BY CLICKING "I AGREE" YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY PENNIE AI AT ANY TIME. YOUR CONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES. YOU SHOULD CONSULT THESE TERMS EACH TIME YOU ACCESS THE SERVICE TO VIEW ANY CHANGES. THESE TERMS WERE LAST MODIFIED AS OF THE DATE INDICATED ABOVE.
AS DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU CAN OPT-OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING HELP@PENNIEAI.COM WITHIN 30 DAYS AFTER FIRST ACCEPTING THESE TERMS AND STATING YOUR FIRST AND LAST NAME AND THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE.
A. Service. The "Service" includes Pennie AI's related mobile applications (the "Apps") as each may be updated, relocated, or otherwise modified from time to time, and all content and services Pennie AI makes available through the Apps, and all intellectual property contained therein. The Service is a personal finance information management tool that allows you to track and organize your finances, including through the aggregation of your financial account information ("Account Data") from financial institutions you select ("Third-Party Data Sources") and by allowing you to submit questions about your finances to an artificial intelligence.
B. Service Restrictions. Your Pennie AI account is personal to you. You may not use the Service for commercial purposes. To use the Service, you must have access to the Internet.
C. License. Subject to your compliance with these Terms, Pennie AI hereby grants you a limited, revocable, non-exclusive, non-transferable license to download and use the Apps and access the Service, solely for your personal use.
D. Authorization. By accessing and using the Service, you authorize and direct Pennie AI, as your agent, to electronically retrieve your Account Data from Third-Party Data Sources. FOR PURPOSES OF THIS AGREEMENT AND SOLELY TO PROVIDE THE ACCOUNT DATA TO YOU AS PART of THE SERVICE, YOU GRANT PENNIE AI A LIMITED POWER OF ATTORNEY, AND APPOINT PENNIE AI AS YOUR ATTORNEY-IN-FACT AND AGENT, to access Third-Party Data Sources, retrieve, and use your information with the full power and authority to perform every act necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN PENNIE AI IS ACCESSING AND RETRIEVING ACCOUNT DATA, IT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY.
E. Deactivation. Pennie AI may, at any time and without notice to you: (1) restrict, deactivate, and/or terminate your access to the Service; or (2) terminate or modify the Service. Pennie AI will not be liable to you or any third party for any termination or modification to the Service.
F. Privacy Policy. Pennie AI's policy with respect to the collection and use of your personally identifiable information is described in our Privacy Policy. By accepting these Terms, you acknowledge your agreement with Pennie AI's Privacy Policy.
A. Accuracy of Information. You acknowledge that if you provide any information to us that is untrue, inaccurate, not current, or incomplete, Pennie AI may terminate these Terms and your continued access and use of the Service.
B. Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian's permission to use the Services.
C. Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
D. Credentials. You are entirely responsible for maintaining the security and
confidentiality of your login credentials and for all use of the Service occurring under your account. You
agree to notify Pennie AI immediately of any unauthorized use of your account by contacting us at
help@pennieai.com.
E. Your Responsibilities. You may use the Service solely for lawful purposes. You may not (and you may not allow or assist any third party to):
By using the Service, you agree that we may communicate with you electronically regarding security, privacy,
and administrative issues. If we learn of a security breach, we may attempt to notify you electronically by
sending an email to you. To receive free written notice of a security breach (or to withdraw your consent),
please write to us at help@pennieai.com. You may opt-out of receiving promotional emails from
us by contacting us at help@pennieai.com with "UNSUBSCRIBE" in the subject line; however, you
may not opt out of operational emails (e.g., transaction or relationship-based messages).
A. Materials. By sending or transmitting to us information, creative suggestions, ideas, prompts, and queries submitted to the Service's AI features, or other materials (collectively, "Materials"), you grant Pennie AI and its designees a worldwide, non-exclusive, sublicenseable, royalty-free, perpetual license to use, reproduce, distribute, and create derivative works of such Materials in any media for the purpose of providing, enhancing, and developing the Service, without compensation to you. We will never use your name in connection with any of your Materials for marketing purposes without your prior consent.
B. Monitoring. We have the right (but not the obligation) to monitor the Service and Materials and to alter or remove any Materials to operate the Service, protect ourselves, and comply with legal obligations.
C. Rights in Materials. You are solely responsible for your Materials. By posting Materials, you represent that you are the creator and owner of the Materials or have sufficient rights to grant the license herein, and that your Materials do not infringe on any third-party right.
D. AI-Generated Content. The Service may use your Materials to generate responses, analysis, or other content ("AI Content"). AI Content is provided for informational purposes only and does not constitute financial, investment, legal, tax, or other professional advice. We do not guarantee the accuracy, completeness, or reliability of AI Content. You acknowledge that AI systems can produce errors and you agree to evaluate and bear all risks associated with the use of any AI Content, including any reliance on its accuracy. You are responsible for verifying any AI Content before making financial decisions based on it.
Access to the Service may require you to pay fees on a subscription basis. You authorize Pennie AI or its third-party service providers (e.g., Apple App Store) to periodically charge you for an automatically renewing subscription until cancelled. The Subscription Fee is non-refundable except as expressly set forth in these Terms or required by applicable law. To avoid future charges, you must cancel your subscription at least 24 hours before the end of your current subscription period. If you purchased through a third-party app store, your subscription is managed by that third party directly, and you must use their tools to manage or cancel your subscription.
A. Term. These Terms will commence when you first access the Service and will continue until terminated by either party.
B. Termination by You. You may terminate these Terms at any
time by: (1) deleting your account through the Service settings; (2)
contacting us at help@pennieai.com; or (3) discontinuing your
use of the Service. Termination will be effective immediately upon our
receipt of your termination request.
C. Termination by Us. We may terminate these Terms or your access to the Service at any time, for any reason, with or without notice. We may also suspend your access to the Service immediately if we believe, in our sole discretion, that you have violated these Terms or engaged in conduct that we deem inappropriate, harmful, or illegal.
D. Effect of Termination. Upon termination of these Terms: (1) your right to access and use the Service will immediately cease; (2) you will no longer have access to your account or any data stored in the Service; (3) we may delete or deactivate your account and all associated data; (4) any outstanding payments will become immediately due and payable; and (5) you will remain responsible for any charges incurred prior to termination.
E. Data Retention and Deletion. Following termination, we may retain your information for a reasonable period as necessary to comply with legal obligations, resolve disputes, and enforce these Terms. We will delete or anonymize your personal information in accordance with our Privacy Policy and applicable law. You acknowledge that once your account is terminated, we may not be able to recover your data.
F. Refunds. If we terminate your account for reasons other than your violation of these Terms, we may provide a prorated refund of any e pre-paid fees for the unused portion of your subscription period. No refunds will be provided if you terminate your account or if we terminate your account due to your violation of these Terms.
G. Survival. The following Sections will survive termination: 1.A, 1.B, 1.D, 1.E, 1.F, 2, 4, 5, 6, and 7–20.
You acknowledge and agree that the Service, including all content and intellectual property rights therein ("Proprietary Information"), is owned by Pennie AI and its licensors. The Proprietary Information is licensed, not sold, to you. You have no rights in the Proprietary Information other than the rights specifically granted in these Terms.
A. DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" WITH ALL FAULTS. PENNIE AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NONE OF PENNIE AI, ITS AFFILIATES OR SERVICE PROVIDERS (COLLECTIVELY, THE "PENNIE AI PARTIES") WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
B. Account Data and AI Content. PENNIE AI IS NOT RESPONSIBLE FOR THE ACCURACY OF ACCOUNT DATA OBTAINED FROM THIRD-PARTY DATA SOURCES. FURTHERMORE, PENNIE AI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI CONTENT PROVIDED THROUGH THE SERVICE. AI CONTENT MAY CONTAIN ERRORS, OMISSIONS, OR OUTDATED INFORMATION. YOU AGREE TO USE ACCOUNT DATA AND AI CONTENT AT YOUR OWN RISK. ANY INFORMATION PROVIDED THROUGH THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW: (1) THE AGGREGATE LIABILITY OF THE PENNIE AI PARTIES FOR ANY DAMAGES WILL BE LIMITED TO THE GREATER OF THE AMOUNT OF FEES PAID BY YOU UNDER THIS AGREEMENT OR $100; AND (2) NONE OF THE PENNIE AI PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.
PENNIE AI IS NOT AFFILIATED WITH ANY OTHER PENNIE AI USER OR THIRD-PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE PENNIE AI FROM ALL CLAIMS AND DAMAGES ARISING OUT OF SUCH DISPUTES.
Pennie AI will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond our reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, or epidemics.
To the fullest extent permitted by law, you will defend, indemnify, and hold the Pennie AI Parties harmless against any loss or damage of any kind arising from any breaches by you of these Terms or your use of the Service.
The Service may contain links to or integrations with third-party websites or services, including our AI service providers ("Third-Party Services"). These are provided for convenience only. Pennie AI does not control or endorse Third-Party Services and disclaims any responsibility or liability for any harm resulting from your use of them.
In the interest of resolving disputes in the most expedient and cost-effective manner, you and Pennie AI
agree that any dispute will be resolved by binding arbitration. Arbitration uses a neutral arbitrator
instead of a judge or jury. This agreement to arbitrate includes all claims arising out of or related to
these Terms or your use of the Service. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS,
YOU AND PENNIE AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS
ACTION. Any arbitration between you and Pennie AI will be governed by the Federal Arbitration
Act and the American Arbitration Association ("AAA") rules. Any arbitration hearing will take place at a
location to be agreed upon in Santa Clara County, California. You may opt out of this arbitration provision
by notifying Pennie AI in writing at help@pennieai.com within 30 days of first accepting these
Terms.
Pennie AI may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong, and may disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request.
The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Service. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.
If you provide any feedback to Pennie AI, you hereby assign to Pennie AI all right, title, and interest in and to such feedback, and Pennie AI is free to use such feedback without payment or restriction.
These Terms and the Privacy Policy set forth the entire agreement between Pennie AI and you. If any provision of these Terms is held invalid, the remainder of these Terms will not be affected. Neither these Terms nor any rights granted herein may be assigned or transferred by you without the express prior written permission of Pennie AI.
Under California Civil Code Section 1789.3, Pennie AI Users located in California are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You acknowledge that these Terms are between you and Pennie AI only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance and support. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple for a refund of the purchase price, if any. Apple is not responsible for addressing any claims by you or any third party relating to the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you.