These Terms of Service (the "Terms") are a binding agreement between Truv Inc. (the "Company," "we," "us,", "our", or “Truv”), and each individual or entity who accesses or uses the websites located at https://money.checkr.com and https://checkrmoney.com (the "Money by Checkr"), our web application, and any mobile applications we make available (collectively, “Money by Checkr” or the "Services"). Via the Services Truv provides a personal finance information management tool that helps users view, organize, analyze, track, and monitor their financial information in one place. Money by Checkr is not a bank, lender, investment provider or credit reporting agency.
By creating an account with Money by Checkr, clicking "Continue" (or similar), downloading or using our mobile application (including via the Apple App Store or Google Play), and/or accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. Additionally, you agree that downloading, installing, and/or using the app constitutes acceptance of these Terms and the applicable platform terms for Apple App Store or Google Play, as applicable. If you do not agree to these Terms, do not access or use the Services.
These Terms are effective as of December 18, 2025 (the "Effective Date"). The Services are primarily intended for consumer users. We may permit certain business accounts and features, subject to Section 20 (Business Accounts) and any additional terms.
For ease of reference, the following terms will have the meanings given below:
"Account" means the user’s registered account for the Services created by or for you.
"Applicable Law" means all applicable laws, rules, and regulations, including New York law, U.S. federal law, and any mandatory consumer protection rules (including the federal Restore Online Shoppers’ Confidence Act and New York’s Automatic Renewal Law).
"Data Provider" or "Third-Party Data Connector" means any third-party data aggregation or connectivity provider or API that Truv engages to retrieve data from Linked Accounts, including bank connectivity providers.
"Financial Accounts" or "Linked Accounts" means the third-party financial accounts that you choose to connect to the Services, including bank accounts, payroll, and other accounts.
“Identity Services” means the identity verification, credit data access, and related financial data retrieval features within the Services that are powered by Spinwheel Solutions, Inc. When you engage with Identity Services, your use is additionally governed by the Spinwheel End User Agreement as described in Section 5A.
"Subscription" means a paid plan for the Services, including any free trial, or promotional offer, associated with the Services.
“Spinwheel” means Spinwheel Solutions, Inc. a third-party provider whose technology powers certain Identity Services features within the Services.
"User Content" means any content that you submit, upload, create, categorize, tag, annotate, or otherwise provide to or through the Services, including notes, tags, budgets, categories, and uploads, but excluding data retrieved from Linked Accounts.
"Website" and "Services" have the meanings set forth in the Preamble.
2.1. Eligibility. You must be at least 18 years old to use the Services. The Services are not intended for children. You may not use the Services if you are barred under Applicable Law or are subject to U.S. or other applicable embargo, sanctions, or export restrictions. The Services are intended primarily for use in the United States; use outside the United States may be limited or restricted by us at our discretion and is subject to Section 20.
2.2. Registration and Account Information. To access certain features, you must register for an Account. You agree to provide accurate, current, and complete information and to keep such information updated. You are responsible for all activities that occur under your Account. You must maintain the confidentiality and security of your login credentials and not share them with others. Accounts are personal to you and are non-transferable unless we expressly permit a business Account as described in Section 20. You may be required to create an account using Your mobile phone number and to complete a verification process, such as receiving one-time passcodes or other authentication messages. By registering an account and providing Your mobile phone number, You consent to receive transactional and security-related messages, including authentication codes, account alerts, and service notifications, sent via SMS, voice, or other electronic means, as necessary to provide the Services.
You agree to provide and maintain a valid mobile phone number associated with Your account, and to notify us if such information has been updated as necessary.
You agree and acknowledge that message and data rates may apply. Message delivery is subject to your mobile carrier’s availability and network conditions. Truv is not responsible for delayed or undelivered messages.
2.3. Security Incidents. You must promptly notify us at support@truv.com if you suspect unauthorized access to your Account or any security incident involving your Account or the Services.
3.1. Overview. The Services are a read-only personal finance information management tool that aggregates and displays information from Linked Accounts you connect so you can view, organize, analyze, track, and monitor your financial information in one place. Money by Checkr provides personal finance management services, including financial data aggregation, analysis, and insights. Money by Checkr does not provide financial, investment, tax, or legal advice.
3.1.1. Third-Powered Features. Certain features of the Services, specifically the Identity Services described in Section 5A, are powered by Spinwheel. As defined in these Terms, Spinwheel is an independent third-party provider and not an affiliate of Truv Inc., When you engage with Identity Services, Spinwheel will access and process your financial and identity data on your behalf pursuant to its own End User Agreement, which you will be required to accept separately at the point of engagement. Truv is not responsible for Spinwheel’s products, services or conduct.
3.2. No Funds Movement. We do not initiate, process, or execute transfers, payments, or other transactions on your behalf. We are not a money transmitter or provider of electronic fund transfer services under the Electronic Fund Transfer Act.
3.3. No Advice. The Services are for informational purposes only and are not financial, investment, legal, tax, or other professional advice. We do not provide any fiduciary services. You should consult qualified professionals for advice tailored to your situation.
3.4. Availability and Changes. We may modify or discontinue features, functionality, or components of the Services at any time, with or without notice, subject to Section 14. The Services may be unavailable from time to time due to maintenance, upgrades, outages, or other reasons. Unless we expressly agree otherwise in a separate signed writing, we do not guarantee uptime or continuous availability.
3.5. Beta Features. We may offer beta, experimental, or pre-release features ("Beta Features"), which are provided "as is," may be modified or discontinued at any time, and may be subject to additional terms. We welcome feedback on Beta Features and may use it under Section 10.
4.1. Informational and Financial Management Support Only. The Services include a feature that works as an automated, artificial intelligence–powered (the “AI Assistant”) that provides real-time responses, explanations, and insights intended to help users understand, navigate, and organize their use of the Services and their financial information.
The AI Assistant is provided for informational and organizational purposes only. Responses may be incomplete, inaccurate, outdated, or based on assumptions or limited context, and should not be relied upon as definitive or complete.
4.2. No Professional or Fiduciary Advice. The AI Assistant does not provide financial planning, investment advice, legal advice, tax advice, or fiduciary services. Any insights or suggestions are general and informational only, and users are responsible for all decisions.
4.3. Data Processing. Interactions with the AI Assistant may be logged, reviewed, and processed in accordance with the Our Privacy Policy for purposes such as service improvement, security, and compliance.
4.4. No Reliance. You acknowledge that any decisions you make based on AI-generated information are made at your own risk, and We or the Services shall not be responsible for outcomes resulting from reliance on such information.
5.1. User Consent. By connecting Linked Accounts, you authorize Truv as your agent to access, retrieve, refresh, aggregate, analyze, and use read-only data from the Linked Accounts you select, connect or authorize solely to provide, operate, maintain, improve, and support the Services.
5.2. Limited Authority. For the sole purpose of accessing authorized third-party data, you grant Us a limited power of attorney to act on your behalf via the Services. You do not grant us any authority to move money, initiate transactions, change settings on your Linked Accounts. You acknowledge that We act as your agent and not as the agent of any financial institution, employer, or third party.
5.3. Credentials and Tokens. Where possible, you will enter your Linked Account credentials directly with a Data Provider, and Truv will not see or store those credentials. In some cases, Truv or the Data Provider may receive tokens, keys, or similar credentials enabling ongoing read-only access until you or the Linked Account provider revoke such access. We may store such tokens or keys using reasonable administrative, technical, and physical safeguards designed to protect them from unauthorized access.
5.4. Data Accuracy and Availability. Data retrieved from Linked Accounts and Data Providers may be delayed, incomplete, inaccurate, or unavailable due to third-party systems, outages, or changes. Truv does not control and is not responsible for third-party data, and we do not guarantee its timeliness, completeness, accuracy, or availability.
5.5. Revocation and Disconnecting. You may disconnect a Linked Account at any time via Account settings. After disconnection, the Services will stop refreshing data from that Linked Account. We may retain historical data as permitted by our Privacy Policy and Applicable Law, including for backups, recordkeeping, legal compliance, and internal business purposes.
5.6. Third-Party Terms; No Circumvention. Your use of Linked Accounts and Data Providers is subject to their terms and privacy policies, and you are responsible for compliance. You must not use the Services to violate the security, usage policies, or terms of your financial institutions or Data Providers, or to circumvent access controls.
5A.1. Spinwheel as Third-Party Provider. Certain features within the Services, specifically those that provide identity verification, credit data access, financial account connectivity, and related data retrieval (collectively, “Identity Services”), are powered by Spinwheel, an independent third-party technology provider. Spinwheel is not owned by or affiliated with Truv Inc.
5A.2. Requirement to Accept Spinwheel’s End User Agreement. Before you may access or use Identity Services, you will be presented with Spinwheel’s End User Agreement (available at https://spinwheel.io/legal/end-user-agreement) and will be required to affirmatively accept it. Your acceptance of the Spinwheel End User Agreement is a condition of using Identity Services. If you do not accept the Spinwheel End User Agreement, you will not be able to use the Identity Services, but you may continue to use other features of the Services that do not rely on Spinwheel.
5A.3. Spinwheel’s Limited Power of Attorney. By accepting the Spinwheel End User Agreement, you will grant Spinwheel a limited power of attorney to act on your behalf for the specific purposes described in that agreement, including accessing your financial account information, communicating with financial institutions, and managing authorizations on loan service provider accounts as necessary to provide the Identity Services. This authority is granted directly to Spinwheel, is separate from the limited authority you grant to Truv under Section 5.2. and is governed exclusively by the Spinwheel End User Agreement.
5A.4. Data Accessed by Spinwheel. When you use Identity Services, Spinwheel may access and process on your behalf, with your explicit consent, data including financial transaction history, financial account details, financial account holder information, and credit data. Spinwheel’s collection, use, storage, and sharing of such data is governed by the Spinwheel End User Agreement and Spinwheel’s Privacy Policy (available at https://spinwheel.io/legal/privacy-policy). Truv does not control how Spinwheel processes your data once it has been accessed by Spinwheel.
5A.5 Truv’s Role and Limitation of Responsibility. Truv makes Identity Services available to you as a convenience by integrating Spinwheel’s technology. Truv does not control, operate, or guarantee the availability, accuracy, or performance of Spinwheel’s services. Truv is not responsible for any harm, loss, or damage arising from your use of Identity Services or from Spinwheel’s acts or omissions. Your relationship with Spinwheel in connection with Identity Services is governed solely by the Spinwheel End User Agreement, and any complaints or disputes relating to Spinwheel’s services should be directed to Spinwheel at consumercomplaints@spinwheel.io.
5A.6. Revocation of Spinwheel Authorization. You may revoke Spinwheel’s access at any time by providing written notice to Spinwheel in accordance with the Spinwheel End User Agreement, or by disconnecting the relevant Linked Account via your Account settings. Revoking Spinwheel’s authorization will disable your access to Identity Services but will not otherwise affect your use of other features of the Services.
6.1. Ownership. As between you and Truv, you retain ownership of your User Content and your personal data. Truv does not claim ownership of data retrieved from your Linked Accounts.
6.2. License to Operate the Services. You grant Truv a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, process, analyze, format, modify for display, and otherwise use your User Content and data from your Linked Accounts solely to provide, operate, maintain, secure, troubleshoot, and improve the Services; to develop new features; to prevent fraud and abuse; to comply with law; and to exercise our rights and perform our obligations under these Terms.
6.3. De-Identified and Aggregated Data. We may create de-identified or aggregated data from your User Content and Linked Account data and use and disclose such data for analytics, product improvement, research, benchmarking, and insights as described in our Privacy Policy, provided that we do not re-identify or attempt to re-identify any individual.
6.4. Data Export and Deletion. Where available, you may download or export certain data from the Services. You may request deletion of your Account and associated personal data in accordance with our Privacy Policy and Applicable Law by contacting support@truv.com or via Account settings. We may retain certain data as required or permitted by law, to defend legal claims, for fraud prevention and security, to comply with our recordkeeping obligations, or as stored in backups that will be deleted in the ordinary course.
6.5. Retention. Upon Account closure, we will retain, archive, or delete your data consistent with our Privacy Policy and Applicable Law. Backups may persist for a limited period. We may retain logs and transactional records as legally required or for legitimate business purposes.
6.6. Privacy Policy. Our data practices are described in our Privacy Policy located at https://money.checkr.com/privacy (the "Privacy Policy"), which is incorporated by reference into these Terms. We endeavor to follow privacy and security expectations analogous to those reflected in financial data privacy best practices; however, unless expressly stated otherwise, Truv does not represent that it is subject to the Gramm-Leach-Bliley Act as a "financial institution."
You must use the Services only for lawful purposes and in compliance with these Terms. Without limiting the foregoing, you must not:
(a) use the Services for any illegal purpose or in violation of any third-party rights, terms, or policies;
(b) access or attempt to access any other user’s data or any non-public areas of the Services without authorization;
(c) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services except to the extent permitted by Applicable Law; scrape, crawl, or use automated means to access or extract data from the Services other than through documented, authorized mechanisms we provide;
(d) interfere with or disrupt the operation, performance, or security of the Services, or attempt to probe, scan, or test the vulnerability of the Services;
(e) resell, sublicense, lease, or provide the Services to third parties without our prior written consent;
(f) use the Services or any Truv’s confidential information or intellectual property to build a competing product or service or to create derivative works; or
(g) share your login credentials or fail to maintain reasonable security on your devices, including keeping your software and apps up to date.
8.1. Pricing and Plans. We may offer various plans (monthly, annual, or other periods) with different features. Current plan names, features, and pricing are disclosed at the time of purchase and in your Account settings and are subject to any applicable taxes and fees. Prices are in U.S. dollars unless stated otherwise. Subscriptions may be purchased directly through the Services via bank account, debit cards or other payment methods offered through our payment processors.
8.2. Free Trials. For paid plans we may offer free trials for a stated period of time with specified features. Unless you cancel before the end of the trial, your Subscription will automatically convert to a paid, auto-renewing Subscription at the then-current rate disclosed at signup. Where required, we will provide clear and conspicuous disclosures of auto-renewal terms prior to purchase, obtain your affirmative consent, and send a post-purchase acknowledgment email with key terms and cancellation methods.
8.3. Auto-Renewal. Your paid Subscriptions automatically renew for successive periods equal to the initial term (e.g., monthly or annually) unless you cancel as described in Section 8.7.
8.4. Consent and Acknowledgment. By starting a Subscription, you authorize Us (or our payment processor) to charge your payment method on a recurring basis for the applicable fees, taxes, and charges until you cancel. We will record your affirmative consent and provide a confirmation summarizing your purchase, renewal terms, and how to cancel.
8.5. Price Changes. We will provide at least 30 days’ advance notice of any price increase for your Subscription by email and/or in-app notice. If you do not agree to the price change, you may cancel prior to the effective date of the increase.
8.6. Billing; Payment Processors. Billing is handled by our third-party payment processors, such as Stripe or other designated providers. You authorize the processor to store and charge your payment method for recurring or one-time fees. You are responsible for keeping your payment information current. Failed payments may result in suspension of your account or access to the Services. Use of the payment processor’s services is subject to their terms and privacy policies. For information on how your payment information is collected, used, and protected, please see our Privacy Policy.
8.7. Cancellations. You may cancel your Subscription at any time through your Account settings using our online “click-to-cancel” mechanism, which is available and easy to use and does not require a call. Upon cancellation, you will continue to have access to paid features through the end of your current billing period, and future charges will stop.
8.8. Refunds. Except where required by law or expressly stated otherwise, fees are non-refundable, and we do not provide partial or prorated refunds. We will remedy billing errors or duplicate charges if you notify us at support@truv.com within 30 days of the charge. Where Applicable Law provides a refund right (including certain New York ARL circumstances), we will honor such rights.
9.1. No Advisory Relationship. The Services are informational only and do not constitute financial, investment, legal, tax, or other professional advice. Truv does not act as a fiduciary, advisor, or broker.
9.2. No Eligibility Decisions. You agree not to use outputs of the Services to make eligibility decisions about any person. You are responsible for verifying information before relying on it.
9.3. Accuracy. You acknowledge that data may be incomplete, outdated, or inaccurate, and you are solely responsible for your use of the data and any decisions you make based on it.
10.1. Truv IP. The Services, including software, technology, user interfaces, designs, text, graphics, images, and other materials provided by Truv (excluding User Content and third-party content), are owned by Truv and are protected by intellectual property laws.
10.2. Limited License. Subject to these Terms, Truv grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to install and use the Services solely for your personal finance management purposes.
10.3. Restrictions. You shall not copy, modify, adapt, translate, create derivative works from, distribute, sell, lease, sublicense, or otherwise exploit the Services or any part thereof; remove or obscure proprietary notices; or use the Services except as expressly permitted in these Terms.
10.4. Feedback. If you provide suggestions, ideas, or feedback to Truv ("Feedback"), you grant Truv a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use and exploit the Feedback for any purpose without restriction or attribution.
10.5. Trademarks. Truv’s names, logos, and marks are trademarks of Truv. You may not use them without prior written permission. You agree not to challenge or assist others in challenging our rights in such marks.
11.1. Data Providers and Financial Institutions. Truv does not control Data Providers or your financial institutions and is not responsible for their services, acts, or omissions. Your use of their services is subject to their terms and privacy policies.
11.2. App Platforms. Distribution of our mobile app and management of in-app Subscriptions are subject to the applicable Apple App Store or Google Play terms and policies.
11.3. External Links. The Services may contain links to third-party websites or resources. Truv is not responsible for the content, products, or services on or available from those websites or resources.
11A.1. Apple. With respect to the app accessed through or downloaded from the Apple App Store:
(a) You acknowledge and agree that Apple is not a party to these Terms and has no obligation to furnish any maintenance or support services for the app.
(b) Your use of the app must comply with the App Store Terms of Service and any usage rules therein.
(c) Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the app and may enforce these Terms against you.
(d) In the event of any failure of the app to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) paid for the app to you; to the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation with respect to the app.
(e) You represent and warrant that you are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using the app.
11A.2. Google. With respect to the app accessed through or downloaded from Google Play:
(a) Your use of the app must comply with the Google Play Terms of Service and policies.
11A.3. Mobile Communications. By enabling app features, you consent to receive push notifications and, if you opt in, SMS messages related to the Services. Your carrier’s messaging, data, and other fees may apply. You may control push notification settings in the app and device settings and may opt out of SMS by using provided mechanisms.
12.1. Privacy. Our collection, use, disclosure, and protection of personal data are described in our Privacy Policy at https://money.checkr.com/privacy, which is incorporated by reference.
12.2. Security. We employ reasonable administrative, technical, and physical safeguards designed to protect the Services and your information. However, no system can be guaranteed to be 100% secure. You are responsible for maintaining the security of your devices and Account credentials.
12.3. Electronic Communications. You consent to receive notices, disclosures, and other communications from us electronically, including by email, in-app messages, or posting on the Website. You agree that all electronic communications satisfy any legal requirements that such communications be in writing.
12.4. Data Incidents. We will notify you of data incidents affecting your personal information as required by Applicable Law. Nothing in this Section imposes obligations beyond those required by Applicable Law.
13.1. Changes. We may modify or discontinue the Services or any feature at any time. For material changes that adversely affect you, we will provide advance notice where feasible via email and/or in-app notice.
13.2. Suspension or Termination by Truv. We may suspend or terminate your access to the Services, in whole or in part, immediately or upon notice, if we believe: (a) you have violated these Terms or Applicable Law; (b) your use poses a risk to the Services, other users, or us; (c) you fail to pay fees when due; or (d) we are required to do so by law or by a third-party provider. Where practical, we will provide notice.
13.3. Termination by You. You may close your Account at any time via Account settings. Closing your Account may limit your access to or use of the Services. Data handling upon closure is described in Sections 6.4 and our Privacy Policy.
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR RELIABILITY. WITHOUT LIMITING THE FOREGOING, TRUV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DATA FROM THIRD PARTIES WILL BE TIMELY, COMPLETE, OR ACCURATE. TRUV MAKES NO PROMISES REGARDING ANY FINANCIAL OUTCOMES, SAVINGS, RETURNS, APPROVALS, OR OTHER RESULTS.
TRUV MAKES NO WARRANTIES WITH RESPECT TO SPINWHEEL’S IDENTITY SERVICES OR ANY OTHER SPINWHEEL PRODUCTS OR SERVICES. SPINWHEEL’S SERVICES ARE PROVIDED SUBJECT TO THE SPINWHEEL END USER AGREEMENT AND SPINWHEEL’S OWN WARRANTY DISCLAIMERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRUV OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
THE REMEDIES SET FORTH IN THESE TERMS ARE EXCLUSIVE TO THE EXTENT PERMITTED BY APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, TRUV SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF SPINWHEEL’S IDENTITY SERVICES, SPINWHEEL’S ACCESS TO OR USE OF YOUR DATA, OR SPINWHEEL’S ACTS OR OMISSIONS. YOUR SOLE RECOURSE FOR ANY CLAIM ARISING FROM SPINWHEEL’S SERVICES IS AGAINST SPINWHEEL PURSUANT TO THE SPINWHEEL END USER AGREEMENT.
You will indemnify, defend, and hold harmless Truv and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your violation of these Terms or Applicable Law; (c) your misuse of the Services; (d) your infringement, misappropriation, or violation of the rights of any third party; or (e) your use of data obtained through the Services for prohibited eligibility decisions or consumer reporting purposes. We will: (i) promptly notify you of any claim; (ii) permit you to control the defense and settlement of the claim (provided that you may not settle any claim that imposes any obligation on Truv or admits fault on behalf of Truv without our prior written consent); and (iii) provide reasonable cooperation at your expense. Truv may participate in the defense with counsel of its own choosing at its own expense.
17.1. Informal Resolution. Before initiating arbitration, the parties will attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the Services (a "Dispute") by contacting support at legal@truv.com and engaging in an informal resolution process for thirty (30) days from the date the complaining party provides written notice of the Dispute.
17.2. Binding Arbitration. If the Dispute is not resolved within the 30-day period, it will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The seat and venue of arbitration will be New York, New York. The arbitration will be conducted in English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
Disputes arising from your use of Spinwheel’s Identity Services are subject to the dispute resolution and arbitration provisions of the Spinwheel End User Agreement, which provides for arbitration under California Law. To the extent of any conflict between this Section 17 and the Spinwheel End User Agreement with respect to Identity Services disputes, the Spinwheel End User Agreement shall govern.
17.3. Scope and Exceptions. This Section applies to all Disputes between you and Truv related to the Services and these Terms except that either party may: (a) bring an individual action in small claims court if the claim qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened misappropriation or infringement of intellectual property or misuse of the Services that threatens security or availability.
17.4. Class Action Waiver. YOU AND TRUV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
17.5. Opt-Out. You may opt out of arbitration by sending written notice of your decision to opt out to legal@truv.com within thirty (30) days of the date you first create an Account or first accept these Terms, whichever occurs first. Your opt-out will not affect your other rights or obligations under these Terms.
17.6. Statute of Limitations. To the extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after such claim arose or be forever barred, except that claims not subject to limitation by law are excluded from this limitation.
17.7. Fees and Costs. Payment of AAA filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. The arbitrator may award fees and costs as permitted by Applicable Law, including for frivolous or bad-faith claims.
17.8. Court Venue. For any claims not subject to arbitration, the exclusive jurisdiction and venue will be the state and federal courts located in New York County, New York. To the extent permitted by law and consistent with this Section, you and Truv waive any right to a jury trial for such claims.
17.9. Governing Law and Venue. These Terms are governed by the laws of the State of New York, without regard to its conflicts of law principles.
You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws of the United States and other jurisdictions, including the Export Administration Regulations and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control. If the Services are provided to or on behalf of the U.S. Government, they are provided as "Commercial Computer Software" subject to restricted rights under applicable regulations.
We may provide notices to you by email to the address associated with your Account, by in-app message, or by posting on the Website. Notices are deemed given when sent or posted. You are responsible for keeping your email address and contact information current. You may opt out of marketing emails by using the unsubscribe link in such emails, but we may still send you transactional or relationship messages.
If we permit business Accounts, the following terms apply:
20.1. Authorization. The individual creating or managing the business Account represents and warrants that they have the authority to bind the business entity to these Terms and to administer the Account.
20.2. Scope and Administration. Business Accounts may include multiple seats or users and administrative controls. The business is responsible for the actions of its users and for ensuring that all users comply with these Terms and any applicable business terms. The business will maintain appropriate access controls and promptly deactivate users who should no longer have access.
20.3. Payment. We may offer invoicing or other payment arrangements for business Accounts as disclosed at purchase or in an order form. If Truv and the business entity have executed a separate master services agreement ("MSA"), the MSA will control in the event of a direct conflict with these Terms where expressly stated in the MSA.
21.1. Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
21.2. Force Majeure. Truv is not liable for any delay or failure to perform due to events or circumstances beyond our reasonable control, including but not limited to acts of God, labor disputes, supply chain disruptions, internet or telecommunications failures, government actions, or third-party service outages.
21.3. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.
21.4. Waiver. No waiver of any term or condition will be effective unless in writing and signed by an authorized representative of the waiving party. A failure to enforce any right will not be a waiver of such right.
21.5. Entire Agreement. These Terms, together with any incorporated policies (including the Privacy Policy), plan or Subscription-specific terms presented at purchase, and applicable platform terms, constitute the entire agreement between you and Truv regarding the Services and supersede all prior or contemporaneous understandings.
21.6. Headings and Interpretation. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."
21.7. Relationship. The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, fiduciary, or employment relationship.
21.8. Contact Information. For questions about the Services or these Terms, contact us at support@truv.com.
21.9. NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
You acknowledge that these Terms are between you and Truv only, not with Apple, and Apple is not responsible for the Service or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby 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. If Truv provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.