Subtractor Terms of Use

Effective Date: July 18, 2018

General

These Terms of Use and Additional Terms and Conditions ("Agreement") set forth the terms and conditions that apply to your access and use of Subtractor.com, theSubtractor.com and mobile App ("Subtractor") as owned and operated by Subtractor Inc., collectively the "Services".

Subtractor is intended ONLY for users in the United States and Canada, and its use is governed by US law.

As used in this Agreement, the term "Sites" includes all .com pages that are associated or within each website and all devices, applications or services that Subtractor operates or offers that link to this Agreement. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and Subtractor Privacy Policy, as they may be amended from time to time in the future (see "Modifications" below). If you do not agree to this Agreement, then you may not use the Services.

Accepting the Terms

By using the information, tools, features, software and functionality including content, updates and new releases provided by Subtractor, you agree to be bound by this Agreement. The term "you" or "User" refers to a Visitor, or Member. The term "we" refers to Subtractor. If you wish to become a Member, communicate with other Members, or make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.

When you create an account, you certify that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. As you continue, it is recommended that you print or save a local copy of this Agreement for your records.

Privacy and your Personal Information

You can view Subtractor Privacy Policy here and on the Site for the Services. You agree to the applicable Subtractor Privacy Policy, and any changes published by Subtractor. You agree that Subtractor may use and maintain your data according to the Subtractor's Privacy Policy, as part of the Services. You give Subtractor permission to use information you provide for the Services with that of other users of the Services and/or other Subtractor services. For example, this means that Subtractor may use your and other users' non-identifiable, aggregated data to improve the Services or to design relevant promotions. Subtractor stores its data and your personal information in The United States.

Description of the Services

The Subtractor Service is a personal finance information management service that allows you to consolidate and track your payment transactions. The Subtractor Service is currently provided to you by Subtractor without charge (it is free) and is meant to provide you with your information to allow you to organize and manage your finances.

We reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

The Services may also present you information relating to third party products or services ("Subtractor Offers"), as well as provide you general tips, recommendations and educational material.

User Registration Information

In order to allow you to use the Services, you will need to sign up for an account with Subtractor.

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, e-mail address, allows you to access the Sites. That username and password form your "Registration Information." By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Site, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Subtractor immediately at the email address - help@thesubtractor.com.

If you believe that your Registration or Account Information or device that you use to access Subtractor has been lost or stolen, that someone is using your account without your permission has occurred, you must notify Subtractor immediately.

The following is Subtractor's contact information:

Email: help@thesubtractor.com
Address: P.O. Box to be established

Use of the Services

Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Subtractor to provide the Services to you.

You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our "add account" setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Subtractor, in its sole discretion, may elect to take. In no event will Subtractor be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Subtractor to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

Account Information from Third Party Sites

Users may direct Subtractor to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions ("Account Information"). Subtractor works with one or more online service providers to access this Account Information. Subtractor makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Subtractor is not responsible for the products and services offered by or on third-party sites.

Subtractor cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Subtractor cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.

Online and Mobile Alerts

Subtractor may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.

Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Subtractor may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Subtractor may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Subtractor shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Rights You Grant to Subtractor

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Subtractor through the Services, you are allowing that content to be used by Subtractor for the purpose of providing the Services. Subtractor may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to Subtractor for use for this purpose, without any obligation by Subtractor to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Subtractor to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add Accounts" feature of the Services, you will be connected to the website for the third party you have identified. Subtractor will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Subtractor to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information.

Subtractor's Intellectual Property Rights

The contents of the Services, including its design (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Subtractor or its software or content suppliers. Subtractor grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

Access and Interference Restrictions

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Subtractor);

2. Violates any law or regulation, including any applicable export control laws;

3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

4. Jeopardizes the security of your Subtractor account or anyone else's (such as allowing someone else to log in to the Services as you);

5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;

6. Violates the security of any computer network, or cracks any passwords or security encryption codes;

7. Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);

8. "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

9. Copies or stores any significant portion of the Content;

10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Social media

Subtractor may provide experiences on social media platforms (i.e. Facebook®, Twitter®, LinkedIn®) that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. SUBTRACTOR, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

SUBTRACTOR MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SUBTRACTOR DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF "Disclaimer of Representations and Warranties" OF THIS PROVISION MAY NOT APPLY TO YOU.

Limitations of Liability

SUBTRACTOR SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF SUBTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SUBTRACTOR'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Indemnification


You shall defend, indemnify and hold harmless Subtractor and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys' fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

Cancelling your account with Subtractor

This Agreement will continue to apply until terminated by either you or Subtractor as set out below. If you want to terminate your agreement with and use of Subtractor, you may do so as follows:

To close your account for the Subtractor Service, please email us at help@thesubtractor.com and indicate you would like to terminate your account.

Your account will be closed and your ability to log in deactivated immediately. Your Subtractor.com account data will be removed within 48 hours subject to and as explained in our Privacy Statement.

Subtractor may at any time, terminate its legal agreement with you and access to the Services:

a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement)

b) if Subtractor in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful)

c) for any reason and at any time with or without notice to you

d) immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

You acknowledge and agree that Subtractor may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Subtractor shall not be liable to you or any third party for any termination of your access to the Services.

Governing Law and Forum for Disputes

Washington state law governs this Agreement without regard to its conflicts of laws provisions.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Washington law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' 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 AND SUBTRACTOR ARE EACH 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.

Modifications

Subtractor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Subtractor reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Subtractor Services, Subtractor will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Subtractor shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.

Subtractor may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.

Contact Us

If you have any questions about these Terms, please contact us at help@thesubtractor.com

2018 - Subtractor, Inc.