Mymo - Terms of Service

Effective as of June 1, 2022

1. Agreement and Acceptance of Terms

About Mymo

Mymo was built to enable entrepreneurs to better track their sources of income and put more entrepreneurs’ hard-earned money back into their pockets. Mymo will enable you to track all your sources of income and better facilitate your financial future.

Description of Services

Mymo will enable you to view all of your sources of income so you can easily track how you’re doing against your goals, as well as get paid as quickly as possible.

PLEASE READ THIS AGREEMENT AND PRIVACY POLICY CAREFULLY.

Agreement

These Terms of Service (“Terms of Service” or “Terms”) and our privacy policy (“Privacy Policy” (collectively, this “Agreement”), govern your access and use of the Mymo website https://www.mymo.com (the “Website”), the Mymo mobile application (the “App”), and any other services or platforms made available by Mymo from time to time (collectively, the “Platform”). The Platform is owned and operated by MyMo Financial Inc. (“Mymo“, “we”, “us” or “our”).

Changes

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for notice of any changes. Your continued use of the Platform constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to these Terms, you should stop using the Platform immediately.

Disclaimers

MYMO IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE THE ACCURACY OR TIMELINESS OF ACCOUNT INFORMATION WE RETRIEVE ON YOUR BEHALF DIRECTLY, FROM THIRD-PARTY TECHNOLOGY PROVIDERS, OR FROM THIRD-PARTY FINANCIAL INSTITUTIONS WHERE YOUR ACCOUNTS ARE HELD. While the App and Platform provided by Mymo may provide significant assistance in helping you manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.

Ownership

As a registered user, you will be able to upload and post materials and information, including but not limited to text, audio, video, photographs, graphics and other materials ("Content"). Mymo reserves the right, and you authorize us, to use and assign all information and users inputs regarding site uses by you, including goal tracking and all information provided by you in a manner consistent with our Privacy Policy. You hereby grant to Mymo a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content or other information communicated by you to Mymo through this Platform, and to incorporate any Content, in whole or in part, in other works in any form, media, or technology now known or later developed. You agree that Mymo will not be bound to treat any Content as confidential and may use any Content in its business (including without limitation, for products, services, marketing, and/or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Mymo operations or businesses

Eligibility

To use the Platform, you represent and warrant that you: (a) are at least 18 years of age, and (b) you have not previously been removed from the Platform by us. You may not use the Platform for any illegal or unauthorized purpose nor may you, in the use of the Platform, violate any laws or any person or entity’s rights (including but not limited to copyright laws and rights of publicity). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Acceptance

This Agreement contains the complete terms and conditions that govern your use of the Platform. BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE AN AGREEMENT TO ARBITRATE IN SECTION 14, A JURY TRIAL WAIVER AND CLASS ACTION WAIVER. By using the Platform or accepting these Terms, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not agree to this Agreement, please do not use the Platform.

2. Your Privacy

Our Privacy Policy explains what information may be collected through the Platform, how that information may be used and/or shared with others, how we safeguard that information, and how you may access or control its use in connection with our marketing communications and business activities.

Electronic Communications

By providing your email to enroll for use of our Services, you consent to receive all notices and information regarding our Platform and other offerings electronically. Electronic communications may be posted on our Dashboard and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you end your relationship with Mymo. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.

SMS/Text Messaging Service

You may receive SMS/text messages from Mymo about account-related news and alerts and/or promotional offers for Mymo products and services. By enrolling in Mymo’s services, you agree to receive text messages from Mymo to your mobile phone number provided, and you certify that your mobile number provided is correct and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates may apply. Consent to receive text messages for promotional purposes is not required as a condition of purchase or use of the Platform. The text messaging may not be compatible with all mobile phone models. Mymo is not responsible for any delays upon sending or receiving text messages.

To unsubscribe from text messages at any time reply STOP, END or QUIT to any text message you receive from Mymo. You consent that following such a request to unsubscribe, you may receive one final text message from Mymo confirming your request. Note that unsubscribing from promotional and/or account-related texts will not prevent Mymo from sending you text messages for security and authentication purposes.

3. Accessing the Services and Account Security

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Platform. You agree to promptly update your account and other information, including your email address, shipping address as needed.

4. Mobile Device Access

Access to the Platform requires the use of the App, as well as communications with or use of space on your mobile devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the App. You give us permission to download and install updates to the App on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting the App from your device.

5. Intellectual Property Rights

The Platform is owned and operated by Mymo. By registering for an account on the App (“Account”) or by otherwise using the Platform, you agree that all content, trademarks, and other proprietary materials and/or information on the Platform, including, without limitation, Mymo’s logos, visual interfaces, graphics, design, specifications, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials (collectively, the “Mymo Content”) are protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and Mymo (and/or third-party licensors), Mymo owns and retains all rights, title, and interest in the Mymo Content and the Platform.

Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Platform for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Platform and/or the Mymo Content or any Platform Marks by accessing or otherwise using the Platform. The license granted to you herein may be terminated by Mymo at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by Mymo.

You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Mymo Content. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mymo Content displayed on the Platform, and you will not reproduce, modify, adapt, prepare derivative works from, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any of the Mymo Content without the written permission of Mymo or such third party that may own any Platform Marks displayed on the Platform.

6. Trademarks

All trademarks, logos, and service marks (collectively, the “Platform Marks”) are the exclusive property of Mymo (and/or third-party licensors) or other third parties. Nothing in these Terms grants you a license to use any of the Platform Marks or any of the Mymo trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

7. User Prohibitions

When you use the Platform, you acknowledge and agree that:

  • You will abide by these Terms.
  • You are solely responsible for your interaction with anyone on the Platform. You agree that Mymo is not responsible or liable for the conduct of any other App user.
  • You will not: (i) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Platform; (ii) modify, translate, adapt, alter, or creative derivative works from the Platform; (iii) copy, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Platform; or (iv) distribute, sublicense, rent, lease, loan or grant any third party access to or use of the Platform to anyone.
  • You are solely responsible for obtaining and maintaining all telephone, computer hardware, software, accessories, and other equipment needed for you to access and to use the Platform.
  • You will not impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Platform; or perform any other similar fraudulent activity.
  • You will not use the Platform for any harmful, illegal, nefarious, or untoward purpose.
  • You will not use or attempt to use any cheats, bots, automation software, hacks, or any third-party software designed to interfere with the Platform.
  • You must not stream, broadcast or post or otherwise use information via the Platform that may lead to violations of data privacy laws or other harmful violations of personal identity or privacy, including, without limitation, your or any other person’s credit card information, non-public phone numbers, or non-public e-mail addresses.
  • You will not interfere or disrupt the Platform or its servers or networks connected to the Platform including by transmitting any worms, viruses, spyware, malware, malicious code, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with how any Mymo page is rendered or displayed in a browser or on a device.
  • You will not crawl, scrape, cache, or otherwise access any content or information on the Platform via automated means.
  • You will not create an Account through any unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper. Should you use any automatic, macro, program, or similar method, or otherwise commit fraud with regard to the Platform, Mymo reserves the right to pursue legal action against you.
  • You will not use the Platform for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
  • You will not post or share any Prohibited Content, as described below.

We reserve the right to refuse access to the Platform to you, for any reason at any time, at our sole discretion.

8. Content Standards

We do not tolerate inappropriate content or behavior on our Platform. We encourage you to report any inappropriate content or misconduct by others. You can report any App user directly through the Platform, or by emailing us at support@mymo.com with the subject “Inappropriate Content.”

To the extent permitted by applicable law, Mymo takes no responsibility and assumes no liability for Your Content or for any loss or damage resulting therefrom, nor is Mymo liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Platform. Your use of the Platform is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by such rules.

To the fullest extent permitted by applicable law, Mymo reserves the right to remove, screen, or edit any of Your Content posted or stored on the Platform at any time and without notice, including where Your Content violates these Terms or applicable law. Any use of the Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Platform.

9. Reliance on Information Posted

We are not responsible if information made available on the Platform is not accurate, complete or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform.

10. Geographic Restrictions

The owner of this Platform is based in the State of California in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYMO AND ITS SUBSIDIARIES, AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND LICENSEES (THE “MYMO PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

THE MYMO PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (A) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF THE PLATFORM, ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; (E) YOUR INFORMATION CREATED THROUGH THE PLATFORM, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; OR (F) ANY ERRORS WILL BE CORRECTED.

THE MYMO PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM THE PLATFORM.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE MYMO PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PLATFORM; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PLATFORM; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MYMO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE PLATFORM; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S OPERATION; OR (F) ANY DAMAGE TO ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF THE MYMO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE MYMO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF THE MYMO PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE PLATFORM, IN NO EVENT WILL THE MYMO PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00).

MYMO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE MYMO PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

13. Indemnification

You agree to defend, indemnify and hold the Mymo Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected to your use or misuse of the Platform or with any of the following (including as a result of your direct activities on the Platform or those conducted on your behalf): (a) your breach or alleged breach of these Terms of Service; (b) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) your breach or alleged breach of the representation and warranties set forth in these Terms of Service. Mymo reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Mymo.

14. Arbitration

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN A COURT IN SAN JOSE, CALIFORNIA BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF CALIFORNIA. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED ABOVE UNDER “GOVERNING LAW AND VENUE.” THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE.

15. General Provisions

Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Notwithstanding the foregoing, the Arbitration Agreement in Section 16 above shall be governed by the Federal Arbitration Act. All claims arising out of or relating to this Agreement, to the Platform, or to your relationship with Mymo that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Delaware You and Mymo consent to the exercise of personal jurisdiction of courts in the State of Delaware and waive any claim that such courts constitute an inconvenient forum.

Waiver and Severability

Any waiver of any provision of this Agreement will be effective only if in writing and signed by or on behalf of Mymo. No failure or delay by Mymo in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. This provision will survive the termination of any and all of your transactions with Mymo. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.

Assignment

Mymo may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.

Entire Agreement

This Agreement (which includes these Terms of Service, our Privacy Policy and any other Mymo terms that govern your use of Platform), constitutes the entire agreement between you and Mymo.

16. Comments and Concerns

These Services are operated by MyMo Financial Inc. PO BOX 1164, ROSS, CA, 94957

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@mymo.com

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Disclaimers & disclosures Mymo is a financial technology company, not a bank. Banking services provided by Pathward N.A. Member FDIC. The Mymo Spending Account, a demand deposit account, and Mymo Debit Card are established by Pathward­­ , National Association, Member FDIC, pursuant to license by Mastercard International Incorporated. *Faster access to funds is based on comparison of traditional banking policies and deposit of paper checks from employers and government agencies versus deposits made electronically. Direct deposit and earlier availability of funds is subject to timing of payer's submission of deposits. Individual Mymo Spending Accounts only. Apple® and the Apple logo® are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC. Mastercard and the circles design are registered trademarks of Mastercard International Incorporated.