Terms of Use

MoneyBadger, Inc. (“MoneyBadger,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our proprietary platform which is made available as a mobile application and a web-application accessible through tablets, smartphones, and other devices (the “App”).

By clicking “I AGREE,” checking a box presented in connection with account creation, subscription purchase, or use of certain no-account features, or otherwise manifesting assent where such option is presented to you, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the App. We may change the terms and conditions of these Terms of Service from time to time with or without notice to you. By continuing to access and/or use the App after we have posted a modification on the App, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the App.

Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

1. DESCRIPTION AND USE OF THE APP

The App provides budgeting tools, paycheck analysis, calculators, and educational financial information designed for first responders. The App is provided for informational and educational purposes only and does not constitute financial, investment, tax, or legal advice. MoneyBadger is not a registered investment adviser, broker-dealer, financial planner, or tax or legal professional. MoneyBadger does not provide individualized recommendations regarding investments, securities, or pension elections. If your circumstances raise questions requiring professional advice, MoneyBadger may direct you to seek guidance from a qualified, licensed professional. Any such professional is solely responsible for the advice they provide. You acknowledge and agree that you are solely responsible for your financial decisions and any actions you take based on your use of the App.

The App includes AI-supported features intended to assist with budgeting, paycheck analysis, and financial planning. The App also uses artificial intelligence to process paystubs and other financial documents you provide, and paystubs or financial documents you submit may be transmitted to third-party AI processing providers, including Anthropic, to transcribe and analyze those materials as described in our Privacy Policy.

MoneyBadger is under no obligation to accept any individual as a user of the App and may accept or reject any user in its sole and complete discretion.

2. LICENSE TO USE THE APP ; RESTRICTIONS ON USE

MoneyBadger hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use, the App, including to download and install a copy of the mobile App on a single mobile device that you own or control solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service. We reserve all rights in and to the App not expressly granted to you under these Terms of Service.

You will not (and will not authorize, permit, or encourage any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the App; (ii) modify, adapt, or translate the App, or any portion or component thereof; (iii) make any copies of the App, or any portion or component thereof; (iv) resell, distribute, or sublicense the App, or any portion or component thereof; (v) remove or modify any proprietary markings or restrictive legends placed on the App; (vi) use the App, or any portion or component thereof in violation of any applicable law, in order to build a competitive product or service, or for any purpose not specifically permitted in this Agreement; (vii) introduce, post, or upload to the App any virus, worm, “back door,” Trojan Horse, or similar harmful code; (viii) save, store, or archive any portion of the App (including, without limitation, any data contained therein) outside the App other than those outputs generated through the intended functionality of the App without our prior, written permission in each instance; (ix) make the App available in connection with service bureau, timeshare, service provider or similar activity whereby you operate the App for the benefit of a third party; or (x) circumvent any processes, procedures, or technologies that we have put in place to safeguard the App.

If you violate this section, we reserve the right in our sole discretion to immediately deny you access to the App, or any portion thereof, without notice. We reserve the right to change the availability of any feature, function, or content relating to the App, at any time, without notice or liability to you.

3. ELIGIBILITY

Our App is not directed to children under the age of 18, and you must confirm that you are 18 years of age or older in order to create an account or use the App. By accessing and/or using the App, you represent, warrant, and agree that you are 18 years of age or older and you can form a binding contract with MoneyBadger.

4. ACCOUNT CREATION

Certain features of the App, including the Snap paystub-analysis feature, may be available without creating an account or providing your name to MoneyBadger. To create an account or purchase a Subscription, you will have to provide your name, email address and create a password. When creating your account, you must provide true, accurate, current, and complete information. Each account can be used by only one user. You are responsible for the confidentiality and use of your account and your account credentials. You will promptly inform us of any need to deactivate or change any account credentials. We reserve the right to delete or change your account credentials at any time and for any reason.

5. FEES; SUBSCRIPTION; AUTOMATIC RENEWAL

MoneyBadger offers multiple subscription tiers for access to the App (each, a “Subscription”), which you may select and purchase for the applicable fee disclosed to you at the time of sign-up (the “Subscription Fee”). Payment for a Subscription is due immediately upon purchase.

Notwithstanding the foregoing, if you are a first-time purchaser of a Subscription, you may request a full refund of the Subscription Fee within fourteen (14) days of your initial purchase by contacting us at support@moneybadger.us. Refund eligibility is limited to the first Subscription purchase per user and will not apply to renewals, upgrades, or subsequent purchases.

By making a purchase, you are agreeing to pay MoneyBadger, through our third-party payment processors (“Third-Party Payment Processors”), all applicable fees for the Subscription you purchase. Any information you provide to the Third-Party Payment Processors will be processed by such Third-Party Payment Processors in accordance with their privacy policy and terms of service. YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR ACCOUNT, AND PROMPTLY UPDATE ALL INFORMATION TO KEEP SUCH ACCOUNT INFORMATION CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). FURTHER, YOU MUST PROMPTLY NOTIFY US IF A PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE THROUGH YOUR ACCOUNT.

If you purchase a subscription, you agree that your Subscription will automatically renew at the frequency disclosed at the time of purchase unless and until you cancel. By purchasing in a Subscription, you authorize us (or our Third-Party Payment Processors) to charge your designated payment method on a recurring basis for the applicable Subscription Fee, including any applicable taxes, without further authorization from you, until you cancel. You may cancel your Subscription at any time through your account settings (as applicable) or, if you purchased through the Apple App Store or Google Play, through the applicable platform, or by contacting us at support@moneybadger.us. Cancellation will take effect at the end of the then-current billing period unless otherwise disclosed at the time of enrollment, and you may continue to receive access to the App for any Subscription period that has already been charged. We will provide an acknowledgment of your purchase that includes the material Subscription terms and information regarding how to cancel. We reserve the right to modify, suspend, or terminate Subscription offerings at any time. We will provide advance notice of any material changes to your Subscription, including any changes to fees, and you will have the opportunity to cancel before such changes take effect, where required by applicable law. Except as required by applicable law or as expressly set forth in this Agreement, Subscription Fees are non-refundable once charged. If you purchase a Subscription through the Apple App Store or Google Play, refunds (if any) are subject to the applicable platform’s refund policies, and we do not control or issue such refunds.

6. ACCEPTABLE USE GUIDELINES

MoneyBadger’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the App, you agree to comply with these acceptable use guidelines (the “Acceptable Use Guidelines”) and agree that:

• You will comply with all applicable laws in your use of the App and will not use the App for any unlawful purpose;
• You will not upload, post, e-mail, transmit, or otherwise make available any content that:
• infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
• is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
• discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or similar information.
• You will not “stalk,” threaten, or otherwise harass another person;
• You will not access or use the App to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of the App through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the App through hacking, password or data mining, or any other means;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the App;
• You will not use any robot, spider, scraper, or other automated means to access the App for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
• You will not upload another person’s financial documents without authority;
• You will not misuse or attempt to manipulate the AI-generated features of the App, for deceptive, harmful, or commercial purposes; and
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

You will let us know about inappropriate content of which you become aware. If you find something that violates our Acceptable Use Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the App, or any portion thereof, without notice, and to remove any content that does not adhere to these Acceptable Use Guidelines.

7. USE OF PERSONAL INFORMATION

Your use of the App may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed by our Privacy Policy (located at https://moneybadger.us/privacy), which is hereby incorporated by reference in its entirety.

8. INTELLECTUAL PROPERTY

The App contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of MoneyBadger (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of MoneyBadger (“MoneyBadger Trademarks”) used and displayed on the App are registered and unregistered trademarks or service marks of MoneyBadger. Other company, product, and service names located on the App may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with MoneyBadger Trademarks, the “Trademarks”). Nothing on the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of MoneyBadger Trademarks inures to our benefit.

Elements of the App are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

9. USER CONTENT; LICENSES

The App allows users to upload content including but not limited to, paystubs, financial documents, and other materials (collectively, “User Content”). YOU, AND NOT MONEYBADGER, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER CONTENT THAT YOU UPLOAD, E-MAIL, OR OTHERWISE TRANSMIT VIA THE APP.

You retain all copyrights and other intellectual property rights in and to your own User Content. You hereby grant MoneyBadger non-exclusive, royalty-free, license to use, host, reproduce, process, transmit, display, and create derivative works from User Content, and to authorize our service providers and sub-processors to do the same solely on our behalf, (a) to provide and support the App; and (b) in de-identified and aggregated form, to develop and improve our products, features and models.

10. ACCESSING AND DOWNLOADING THE APP FROM APPLE APP STORE

The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Service:

• You acknowledge and agree that (i) these Terms of Service are concluded between you and MoneyBadger only, and not Apple, and (ii) MoneyBadger, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• 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 for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between MoneyBadger and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MoneyBadger.
• You acknowledge that, as between MoneyBadger and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between MoneyBadger and Apple, MoneyBadger, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
• You 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.
• You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App against you as a third party beneficiary thereof.
• Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App.

11. ACCESSING AND DOWNLOADING THE APP FROM GOOGLE PLAY STORE

The following terms apply to the App when you download the App from the Google Play Store. These terms are in addition to all other terms contained in these Terms of Service:

• You acknowledge that these Terms of Service are between you and MoneyBadger only, and not with Google, Inc. (“Google”).
• Your use of the App must comply with Google’s then-current Google Play Terms of Service.
• Google is only a provider of Google Play where you obtained the App.
• MoneyBadger, and not Google, is solely responsible for the App.
• Google has no obligation or liability to you with respect to the App or these Terms of Service.
• You acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to the App.

12. COMMUNICATIONS WITH US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

13. NO WARRANTIES; LIMITATION OF LIABILITY

NONE OF MONEYBADGER, ITS AFFILIATES, ITS SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “MONEYBADGER PARTIES”) ENDORSE ANY CONTENT OR ANY RECOMMENDATION OR ANALYSIS PROVIDED OR EXPRESSED THROUGH THE APP, INCLUDING ANY AI-GENERATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT THE APP PROVIDES BUDGETING TOOLS, PAYCHECK ANALYSIS, AND FINANCIAL INFORMATION FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN FINANCIAL DECISIONS.

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NONE OF THE MONEYBADGER PARTIES MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND THE MONEYBADGER PARTIES HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE OR THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR APP WILL BE ACCURATE, COMPLETE, CURRENT OR APPROPRIATE FOR YOUR PURPOSES. TO THE EXTENT THAT ANY MONEYBADGER PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

THE APP PROVIDES TOOLS AND FEATURES INTENDED TO FACILITATE BUDGETING, PAYCHECK ANALYSIS, AND FINANCIAL EDUCATION. HOWEVER, MONEYBADGER DOES NOT GUARANTEE THAT USE OF THE APP WILL RESULT IN ANY PARTICULAR OUTCOME AND MONEYBADGER DOES NOT WARRANT THAT CALCULATIONS, PLANS, OR PAYCHECK ANALYSIS ARE ERROR-FREE OR WILL PRODUCE ANY PARTICULAR FINANCIAL OUTCOME. PAYSTUB FORMATS VARY; YOU SHOULD VERIFY IMPORTANT FIGURES AGAINST YOUR OFFICIAL RECORDS. ANY AI‑SUPPORTED FEATURES ARE PROVIDED TO ASSIST WITH FINANCIAL ANALYSIS AND MAY GENERATE SUGGESTIONS OR CONTENT THAT IS INCOMPLETE, INACCURATE, OR NOT SUITABLE FOR ALL USERS. YOU REMAIN SOLELY RESPONSIBLE FOR YOUR FINANCIAL DECISIONS MADE BASED ON YOUR USE OF THE APP. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO ACCESS AND USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) OUR TOTAL AGGREGATE LIABILITY FOR ALL DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF THE TOTAL SUBSCRIPTION FEES YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100).

THE APP MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE APP. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE APP AT ANY TIME WITHOUT NOTICE.

14. EXTERNAL SITES

The App may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

The App relies on third-party providers, including Plaid for financial account connectivity, Stripe for payments, Anthropic for AI processing, and other service providers as described in our Privacy Policy. By using the App, you acknowledge and agree that certain data, including paystubs or other financial documents submitted through the App, may be transmitted to and stored by such third-party service providers in connection with the operation of the App. Those providers’ terms govern their services, and we are not responsible for third-party services, or the privacy practices, or data security of any third-party service provider.

15. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION

• You hereby represent, warrant, and covenant that:
• You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
• Use of your User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
• You shall not submit to the App any User Content that violates our Acceptable Use Guidelines set forth above or any other term of this Agreement.
• You agree to defend, indemnify, and hold harmless the MoneyBadger Parties from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any MoneyBadger Party in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) any misuse of the Content, or the App; (iii) your User Content; or (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.

16. COMPLIANCE WITH APPLICABLE LAWS

The App is based in the United States. We make no claims concerning whether the App, the Content, or the User Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the App, the Content, or the User Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

17. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the App, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the App at any time without prior notice or liability.

You may stop using the App and request deletion of your account at any time. If you cancel a paid Subscription, any features or content previously made available to you at no cost will remain available to you on a free basis. Upon cancellation, your Subscription will revert to the applicable free tier, your existing plan configuration and Score will be preserved. You may elect to resume a paid Subscription at any time, at which point your access to paid features will be reinstated in accordance with the then-current Subscription terms.

18. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the App or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA.  The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent MoneyBadger from seeking injunctive relief in any court of competent jurisdiction as necessary to protect MoneyBadger’s proprietary interests.

19. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

21. CONTROLLING LAW; EXCLUSIVE FORUM

The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. Except for Disputes subject to binding arbitration as set forth above, the Parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New York for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.

22. MISCELLANEOUS

If the Agreement is terminated in accordance with the termination provision in Section 17 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations and Warranties; Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Copyright 2026 MoneyBadger, Inc. All rights reserved.