Legal Agreements

This Terms and Conditions of Use Agreement (“Terms and Conditions,” “Services Agreement,” “Terms of Service,” or “Terms and Conditions of Service,” “General Terms”) governs access to or use by developers of any services provided by Myuser LLC (“MU,” “We,” “Us,” “Our”).
A “Developer” for purposes of this agreement is defined as, any third party provider of the web, desktop, and/or mobile application used or intended to be used by End Users (as defined below) as made available by or on behalf of the third party provider and which allows the End User to access and use its own financial data in a consolidated way and/or to initiate payment transactions via that application. A Developer may be a Merchant, a “User,” or an “End User,” depending on the circumstances.
An “End User” (“Customer”) is defined as any person or entity who uses MU’s Services directly or through a third-party application, product, or service to use its own financial data in a consolidated way and/or to initiate payment transactions from their own financial accounts.
Our Developer Privacy Policy explains how we collect, use, and share developer or customer information to operate, improve, develop, and protect our services.
Our Cookie Policy explains how we use cookies, which are small data files stored on your browser or device, as well as your choices related to those cookies.
This Agreement is effective upon the date you first access or use the Services (“Effective Date”) and continues until you or MU terminates it (this period, the “Term”). Capitalized terms used in this Agreement that are not defined inline are defined in the Definitions.
Terms; Order of Precedence. These Terms and Conditions contain specific terms governing the parties’ rights and obligations related to the Services described in the Terms and Conditions. If there are no Specific Services Terms for a particular MU service, then only these General Terms govern. By accessing or using a Specific Service, you agree to comply with the applicable Specific Services Terms. If any term in these General Terms conflicts with a term in any Specific Services Terms or set of terms incorporated by reference into this Agreement, then unless terms of lower precedence expressly state to the contrary, the order of precedence is: (a) the Specific Services Terms; (b) these General Terms; and (c) all terms incorporated by reference into this Agreement. Your access to or use of the Services may also be subject to additional terms to which you agree through the MU Dashboard.

Introduction^[a]

By creating an account with MU (“we,” “us,” “our” or “MU”) and/or using our Services (defined below), you or the entity or company that you represent (“you,” “your,” or “Licensee”) are unconditionally consenting to be bound by and are becoming a party to these Developer Terms of Use (the “Developer Terms“).

This Developer Terms governs your use of our software and technology, including our application programming interface and associated tools and documentation offered by us (the “API“), in computers, mobile phones/tablets, and other devices (such software and technology, the “Technology”), access to our proprietary platform that supports the functionality of the Technology (the “Platform”), and other products and services that we may provide (collectively, the “Services”).

References in these Terms of Use to “you” or “Developer” or “Merchant” (or like terms) are references to you as an individual or legal entity as the case may be.

This Developer Policy ("Policy") provides rules and guidelines that govern access to or use by our developers (“you” or “your”) of the MU API, websites (“Site”), dashboards, related tools, and other products or services (collectively, the "Services") provided by Myuser, LLC and its subsidiaries. Any violation of this Policy may result in suspension or termination of your access to the Services and/or access to end users’ personal and financial information provided by MU ("End User Data").

If you are entering into these Developer Terms on behalf of an organization or entity, you hereby represent and warrant that you are authorized to bind that organization or entity to these terms. If you are under 13 years of age, you are not authorized to use the Services, and if you are under 18 years old, you may use the Services, only with the approval of your parent or guardian. The account must be in the name of and subject to the control of your parent or guardian. Your download, integration, installation or continued use of the Services will also constitute assent to the terms of this Agreement.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION CLAUSE, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

In addition, when using our Services, you will be subject to any additional terms applicable to those Services, including, without limitation, our Developer Privacy Policy and Cookie Policy (collectively, the “Privacy Policies”). All such terms are hereby incorporated by reference into this Agreement. To the extent that you use additional services from time to time, you may have to agree to additional terms and conditions as notified to you prior to your access to, and use of, those additional services.

By accessing, registering, and/or using the Services, you agree to comply with all the terms of this Policy and the Legal Documents with immediate effect. This Policy will apply each time you access or use the Services. If you are agreeing to the terms of this Policy on behalf of an organization or entity, you represent and warrant that you are so authorized to agree on behalf of that organization or entity. This Policy is important; please read it carefully.

These Terms of Use apply to third party providers of the web, desktop and/or mobile application used or intended to be used by End Users (as defined below) as made available by or on behalf of the third party provider and which allows the End User to access and use its own financial data in a consolidated way and/or to initiate payment transactions via that application (the “Developer” and also referred to as “you”); and the End User Terms of Use which is available here apply to end users who use the Services directly or through a third-party application, product, or service (the “End User”).

If you do not agree to the Terms of Use and the Legal Documents, you must not use or access our Services. If you do not unconditionally agree to all the terms of this Agreement (including the Privacy Policies), you will have no right to use the Technology and/or Services. If these terms are considered an offer, acceptance is expressly limited to all these terms, to the exclusion of all other terms.

We may update or change this Policy at any time in our discretion. If we make any changes to this Policy that we deem to be material, we will make a reasonable effort to inform you of such change. If you object to a change, your exclusive remedy is to cease any and all access and use of the Services.

Our Services

We offer two financial APIs, a Data API and Payment API (both defined below), that let apps and others:

access its user’s transactional information, account balances and other financial information; and
initiate payments by automating bank transfers, Zelle, ACH push, Wire, Fednow, and others that we may develop. We initiate payment by securely communicating with the relevant service provider providing such services and instructing such service provider to make payment from the End User’s selected account (the “Payment API”).

With respect to the Payment API, we will initiate payment wherever the End User has provided consent through your Developer App unless:

incomplete or incorrect information has been given;
applicable laws and regulations do not permit and/or inhibit such action from being taken;
in our reasonable opinion, the payment may be fraudulent or otherwise unlawful; and
we reasonably believe that the End User is not the named account holder.

Our financial APIs have the following use cases, which include (without limitation):

categorization of transactional data from multiple bank sources;
lenders may make instant, informed decisions by accessing streamlined data;
verification of account ownership;
facilitation of consumer payments;
categorization of bank data in order to build accounting tools; and
initiation of bank transfers.

The information provided in the Developer Portal and our Site is intended for use by Developers only. We provide the Developer Portal for the purposes of facilitating testing of the Developer Apps to be used with our APIs. “Developer App” means a software application or component created by you to integrate with our APIs.

We will provide you with a testing facility, including support, for connection and functional testing of the APIs and the Developer App.

Subcontracting. MU may subcontract its obligations under this Agreement to third parties.

Beta Services

Classification. MU may classify certain MU services or MU Technology, including a particular release or feature, as Beta. A MU service may be generally available in some circumstances (e.g., in some countries or regions) while still classified as Beta in other circumstances.

Nature of Beta Services. By their nature, Beta Services may be feature-incomplete or contain bugs. MU may describe limitations that exist within a Beta Service; however, your reliance on the accuracy or completeness of these descriptions is at your own risk. You should not use Beta Services in a production environment until and unless you understand and accept the limitations and flaws that may be present in the Beta Services.

Feedback. Unless MU otherwise agrees in writing, your use of Beta Services is confidential, and you must provide timely Feedback on the Beta Services in response to MU requests.

Availability During Beta Period. MU may suspend or terminate, in its sole discretion, your access to any Beta Services at any time.

Notwithstanding anything to the contrary in these Terms of Use, we reserve the right to introduce new services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.

Third-Party Services

MU may reference, enable you to access, or promote (including on the MU Website) Third-Party Services. These Third-Party Services are provided for your convenience only and MU does not approve, endorse, or recommend any Third-Party Services to you. Your access and use of any Third-Party Service is at your own risk and MU disclaims all responsibility and liability for your use of any Third-Party Service. Third-Party Services are not Services and are not governed by this Agreement or MU’s Privacy Policy. Your use of any Third-Party Service, including those linked from the MU Website, is subject to that Third-Party Service’s own terms of use and privacy policies (if any).

Your MU Accounts

You will create an account to access and use the Services. You promise to provide accurate, complete, and updated account information. You will be responsible for maintaining the security of your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account with or without your knowledge or consent. You will also cooperate with us in establishing a password or other procedures for verifying that only your designated employees have access to any administrative functions of the Services. You will ensure that the designated employees do not transfer their accounts to any third party without our prior written consent.

Eligibility and Registration^[b] Requirements

To use our Services, you may be required to register as a user on our Services and provide us with certain information.

You are eligible to register as a user of our Services if you meet the following eligibility criteria, which we may amend or change, in our sole discretion, on a case by case basis:

You are an individual intending to cause transactions;
you are a legal entity duly registered in your jurisdiction;
you have provided us, in form and substance satisfactory to us, the company name or an individual legal name depending on the user, a Company tax ID or an individual tax ID depending on the user, address, bank account details;
you have provided us, in form and substance satisfactory to us, with a current trade license; any other sector specific licenses that you hold in the jurisdiction(s) in which you intend to use the Services and/or acquire End-Users; and a statement of your regulatory status in such jurisdiction(s) in connection with the services provided by you/the Developer App;
you provide proof of authorization for the individual who will be registering and using the Services; and
you provide identification for the authorized person.

To register for the Services, you will need to provide us with certain information. Your registration for the Services may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We also reserve the right to undertake such checks as are necessary to verify your identity, as appropriate.

Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with our Suspension and Termination rights as defined in this Terms of Use.

Information; Your Business.

User Information.

Upon MU’s request, you must provide User Information to MU in a form satisfactory to MU.

You must keep the User Information in your MU Account current. You must promptly update your MU Account with any changes affecting you, the nature of your business activities, your Representative, beneficial owners, principals, or any other pertinent information.

You must immediately notify MU, and provide to MU updated User Information, if:

you experience or anticipate experiencing a Change of Control;
you experience or anticipate experiencing a material change in your business or financial condition, including if you experience or are likely to experience an Insolvency Proceeding;
the regulatory status of the business for which you are using the Services changes, including if it becomes subject, or no longer subject, to regulatory oversight; or
a Governmental Authority has notified you that you or your business is the subject of investigative action.

Information Retrieved by MU.

You authorize MU to retrieve information about you and your business from MU’s service providers and other third parties, including credit reporting agencies, banking partners and information bureaus, and you authorize and direct those third parties to compile and provide that information to MU. This information may include, but is not limited to, your or your Representative’s, name, addresses, credit history, banking relationships, and financial history.

Account Deactivation

Once you stop using the Services in accordance with any applicable agreement you may have with us, you may deactivate your Account via email to [email protected]. We may also deactivate your Account if you have ceased using the Services for three^[c] months; your applicable agreement with us terminates or expires; or as reasonably necessary under applicable law. After your Account deactivation, we will deprovision your access to all End User Data associated with your integration.

Even after your Account deactivation, and to the extent permitted under applicable law, we may still retain any information we collected about you for as long as necessary to fulfill the purposes outlined in our privacy policy/statement, or for a longer retention period if required or permitted under applicable law.

Term, Termination, and Suspension

These Developer Terms are effective as of the date you begin using the Services and are effective until terminated in accordance with this section. Subject to 30 days’ written notice, you may terminate this Agreement at any time by sending a cancellation request to [email protected].

Without prejudice to any of our rights and remedies and without any liability to you, we may, at our sole discretion, terminate, limit, suspend, or withdraw your access to the Services (effective immediately) and/or remove hosted content submitted by you at any time, with or without cause, immediately, with or without notice. We reserve the right to withhold, refuse, deactivate, modify, or discontinue, temporarily or permanently, access to the Services (or any part thereof).

We may also, in our sole discretion, immediately suspend your account or terminate access without notice if appropriate under the circumstances, such as (i) when we become aware of activity that is a violation of any applicable law, (ii) when we believe that you have engaged (or are engaging) in any of the Restricted Activities, or that you have accessed or used our Technology or Platform beyond the scope of rights granted or for a purpose not authorized under this Agreement, or (iii) when we determine, in our sole discretion, that harm is imminent.

All of Your Content on the Service (if any) may be permanently deleted by us upon any termination or deactivation of your account in our sole discretion. Even after any termination or deactivation of your account, we may still retain any information we collected about you for as long as necessary to fulfill the purposes outlined in our Agreements with you or our Privacy Policies, or for a longer retention period if required, consented to by you, or permitted under applicable law.

All provisions of these Developer terms which by their nature should survive termination will survive termination, including, without limitation, accrued payment obligations (if applicable), ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

MU will not be liable for any damages of any nature suffered by you or any third party resulting from Mu’s exercise of its rights under this Policy or under applicable law.

Once you stop using the Services in accordance with any agreement you may have with us, you may terminate your account. We may also terminate, in our sole discretion, your account if: you have ceased using the Services for three (3) consecutive months; your agreement with us has expired or been terminated; or we are required to do so by applicable law or a regulator.

After termination of an account, we may de-provision your access to all End User Data associated with your integration.

Upon expiry or termination, as the case may be, of these Terms of Use, you shall promptly deliver to us, upon our request, all Confidential Information together with any other data, books, papers, materials, and other related property relating to us or relating to these Terms of Use that are in your possession or under your control. No copies of the foregoing items may be retained by you for record purposes, except as required by applicable law.

Effect on Other Agreements. Unless stated to the contrary, termination of this Agreement will not affect any other agreement between the parties or their Affiliates.

General Conditions and Your Obligations

Subject to the terms and conditions of this Agreement, you may access and use the Services only for lawful purposes. All rights, title, and interest in and to the Services, Platform, Technology, and its components will remain with and belong exclusively to us. This Agreement does not convey any proprietary interest in or to any of our intellectual property or rights of entitlement to the use thereof.

You shall comply with any codes of conduct, policies, or other notices we provide you or publish in connection with the Services, and you shall promptly notify us if you learn of a security breach related to the Services.

You are solely responsible for all data, information, feedback, suggestions, text, content, and other materials that you upload, post, deliver, provide, or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Services (“Your Content”). By posting Your Content on or through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, and perform Your Content in connection with the Services.

You understand that the operation of the Services, including Your Content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to our third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of Your Content. We will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction, or loss of any of Your Content.

You acknowledge that both you and MU maintain independent relationships with End Users who connect their bank accounts to your App (as defined below) through MU and that MU processes End User Personal Data (as defined in the End User Privacy Policy) pursuant to its End User Privacy Policy.

We reserve the right to use your name and/or company name as a reference for marketing or promotional purposes on our website and in other communication with our existing or potential customers. To decline MU this right, you need to email us, stating that you do not wish to be used as a reference.

When using or accessing the Services, you agree that you, your business, your employees, your service providers, and any others acting on your behalf:

are responsible for maintaining the confidentiality of, and restricting access to and use of your account, password, and API authentication credentials, and accept responsibility for all activities that occur under your account and password. We reserve the right to access your account in order to respond to your requests for technical support;
agree to immediately notify us of any unauthorized use of your password, account, or API authentication credentials or any other breach of security;
will provide at all times true, accurate, current and complete information about yourself and your use of the Services as required by us;
will cooperate with our requests for information with respect to your eligibility and usage of our Services; and
you may provide access to the Services to end users solely in accordance with MU’s standard End User Terms of Service, and you are responsible for informing End Users of the applicable terms pertaining to MU’s Services and obtaining End User’s written consent to such terms including, for the avoidance of doubt, the End User’s written acknowledgement that their use of the Services may prejudice their rights and legal position under the terms and conditions of any bank or financial institution that is accessed during the provision of any Service.

In respect to any personal data processed as part of the usage of your Developer App (“End User Data”), you warrant, represent, and undertake that you:

have complied, continue to comply and shall in future comply with all data protection laws with respect to your collection, usage, and storage of the End User Data;
have obtained and shall in the future obtain, any necessary consents required for the processing of End User Data;
have given, and shall in future give, any necessary notices to the End Users with respect to your collection and usage of the End User Data; and
otherwise have a legitimate ground to process the End User Data as contemplated hereunder.
You acknowledge that we may be required to comply with security standards imposed by banks, card schemes, regulators, and payment processors, and, where applicable, you agree to comply and immediately implement any relevant security standards required by us and communicated to you from time to time.

Authorization^[d]^[e] for Handling of Funds^[f]

Authorization Scope and Conditions

By accepting this agreement, Developers and End Users authorize MU to act as any End Users’ agent for the purposes of holding, receiving, transferring, and disbursing funds on behalf of the End User when transactions are initiated by MU or using MU’s Services. You further authorize MU to instruct Financial Business Entities, including but not limited to a Settlement Bank of Our Choice, regarding the manner of disbursement of funds (e.g., by ACH, wire transaction, Zelle, FedNow, or other transfer) and the timing of such disbursements.

Consent Procedures

You acknowledge that you are required to provide explicit and verifiable consent before MU can initiate any bank transfers on a parties’ behalf. You agree that MU will maintain a record of your consent, which will be easily accessible and available for review by relevant regulatory authorities. You also agree that MU may obtain your consent via electronic means, including but not limited to email or text message.

Handling of Settlement Funds

Depending on the Service, settlement funds may ^[g]be held in a deposit account at MU’s partnered bank pending disbursement of the funds to you in accordance with the terms of this contract. You acknowledge that you are not entitled to any interest or other compensation associated with the settlement funds held by MU’s partnered bank pending settlement to your designated bank settlement account, that you have no right to direct that deposit account, and that you may not assign any interest in the deposit account at MU’s partnered bank.

We may periodically make available to you information in the MU dashboard regarding anticipated settlement amounts that we have received on your behalf from the Card Networks and are being held by us pending settlement. This settlement information does not constitute a deposit or other obligation of MU or the Settlement Bank of Our Choice to you. This settlement information reflected in the Myuser dashboard is for reporting and informational purposes only, and you are not entitled to, and have no ownership or other rights in settlement funds, until such funds are credited to your designated bank settlement account. Your authorizations set forth herein will remain in full force and effect until your MU account is closed or terminated.

Limitations of Liability

You agree to indemnify and hold MU harmless against any losses or damages arising from any parties’ failure to comply with the terms of this authorization provision. You acknowledge and agree that MU will not be liable for any losses or damages arising from handling of settlement funds.

Bank Account Debit Authorizations

User Authorization. By using MU services, you agree to MU and its affiliates’ right to debit your User Bank Account and you authorize MU and its affiliates to debit your User Bank Account to collect any fees owed or other amounts due to MU or its affiliates or to credit or transfer funds to any of your accounts maintained with MU or its affiliates. Your authorization to MU and its affiliates extends to any bank account that you link to MU services (i.e., any User Bank Account). Your authorization is in complete compliance with any applicable bank debit rules, including the debit scheme authorization and mandate language included below. Your authorization to debit any of your User Bank Accounts includes the specific mandate or authorization language for the specific debit scheme that covers your bank account (e.g. for US bank accounts the ACH/Nacha language will apply and for GB bank accounts the Bacs language will apply). The debit scheme language for each bank scheme is incorporated into your authorization to MU and MU’s affiliates to debit any of your User Bank Accounts with the same force and effect as if you had signed a paper and obtained a hard copy containing the same terms.

End User Authorization. By using MU services, you agree to:

MU and its affiliates’ right to debit your End Users’ Bank Accounts and you authorize MU and its affiliates to debit or otherwise transfer funds from your End Users’ Bank Accounts.
You hereby agree to disclose the material terms of your authorization to the End Users, and you agree to obtain their written authorization, whether through your own independent agreement or through MU’s Terms of Service.
Your authorization to MU and its affiliates extends to any bank account that you link to MU’s Services (i.e., any End User Bank Account).
Your authorization is in complete compliance with any applicable bank debit rules, including the debit scheme authorization and mandate language included below.
Your authorization to debit any of your End User Bank Accounts includes the specific mandate or authorization language for the specific debit scheme that covers your bank account (e.g. for US bank accounts the ACH/Nacha language will apply and for GB bank accounts the Bacs language will apply). The debit scheme language for each bank scheme is incorporated into your authorization to MU and MU’s affiliates to debit any of your End User Bank Accounts with the same force and effect as if you had signed a paper and obtained a hard copy containing the same terms.

US Bank Accounts (ACH/Nacha)

ACH Nacha Authorization. I authorize MU and MU’s Affiliates to periodically debit any of the US User Bank Accounts for any amount owed to MU or MU’s Affiliates under the MU Services Agreement or to credit or transfer funds to any of my accounts maintained with MU or MU’s Affiliates, until this authorization is revoked. I waive any prior notice requirements for MU and/or MU Affiliates to provide me or my company with notice of a debit for amounts owed to MU or MU’s Affiliates or amounts used to credit or transfer funds to any of my accounts with MU or MU’s Affiliates. I confirm that I am the only person required to authorize debits from the User Bank Accounts. I understand that MU and MU Affiliates will only debit the User Bank Account in accordance with the MU Services Agreement or as otherwise agreed between MU or MU’s Affiliates and me. I may amend or cancel this authorization at any time by providing MU with 30 days’ written notice.

Redirection^[h] to Online Banking Pages

Some Payment Methods may require the re-direction of the End User to an online banking page (“Online Banking Payment Methods”) or authorizing MU or its affiliate access to the online banking page and account information. If you use an Online Banking Payment Method, you must ensure that the End User is able to recognize that the re-direction has occurred via the display of the bank’s URL in the address line of the browser, the End User must be able to review the security certificate for the bank’s online banking page, and the End User must have granted access to MU or its affiliate. In addition, you may not use any iframes (or any other method that integrates the online banking page within your site content) when including an Online Banking Payment Method in your payment process^[i].^[j]

Bank Accounts; Funds

User Bank Accounts; Prohibition on Grant or Assignment.

You must designate at least one User Bank Account in connection with the Services. MU may debit and credit a User Bank Account as described in this Agreement. You must not grant or assign to any third party any lien on or interest in funds that may be owed to you under this Agreement until the funds are deposited into a User Bank Account.

Any funds given to MU for the purposes of utilizing the Services are held in constructive trust for the User, except for MU’s fees, which are first priority and earned upon receipt of funds.

End User Bank Accounts

Constructive Trust. Any End User funds received by the Developer, are held in constructive trust on behalf of the End User until the End User receives the benefit of their bargained for exchange in connection with their purchase. MU disclaims all liability for fraudulent, mistaken, wrongful, or otherwise unauthorized transfer of funds. The Developer assumes responsibility and liability for any fraudulent, mistaken, wrongful, or otherwise unauthorized transfer of funds.

Investment of Funds.

To the extent Law and the applicable Financial Services Terms permit, MU and its Affiliates may invest any funds that they hold into liquid investments. MU or its applicable Affiliate owns the earnings from these investments. You irrevocably assign to MU or its applicable Affiliate all rights you have (if any) to earnings from these investments.

Regulated Money Transmission; MU Status.

Certain Services may involve regulated money transmission under U.S. Law. To the extent that your use of the Services involves money transmission or other regulated services under U.S. Law, one of MU’s affiliates or nonaffiliates will provide those regulated Services, MU is not a bank, and does not accept deposits.

Dormant Accounts.

If you leave any funds dormant in a MU Account and you do not instruct MU on where to send them, MU may deem the funds abandoned by you and deliver them to the appropriate Governmental Authority. However, if Law requires, MU will attempt to notify you before doing so.

Data Storage, Usage, Security, and Consents

Each party will make available a Privacy Policy that complies with Law. MU’s Privacy Policy explains how and for what purposes MU collects, uses, retains, discloses, and safeguards the Personal Data you provide to MU.

Personal Data Consents. When you provide Personal Data to MU, or authorize MU to collect Personal Data, you must provide all necessary notices to and obtain all necessary rights and consents from the applicable individuals (including your End Users or Customers) sufficient to enable MU to lawfully collect, use, retain and disclose the Personal Data in the ways this Agreement and MU’s Privacy Policy describe.

MU Data. You may use the MU Data only as this Agreement and other agreements between MU and you (or their Affiliates) permit.

You agree that your systems and application(s) must handle End User Data securely. With respect to End User Data, you agree that you, your business, your employees, your service providers, and any others acting on your behalf will follow Good Industry Practice (as defined below) and, at a minimum, must perform the following:

maintain best practice with respect to administrative, technical, and physical safeguards that are designed to ensure the security, privacy, and confidentiality of End User Data;
use modern and industry standard cryptography when storing or transmitting any End User Data;
maintain reasonable access controls to ensure that only authorized individuals that have a business need have access to any End User Data;
monitor your systems for any unauthorized access;
fix system vulnerabilities in a timely fashion;
log and review any events suggesting unauthorized access;
plan for and respond to security incidents;
comply with relevant legislation, rules and regulations with regard to the type of data you are collecting, processing and/or storing, such as the Safegaurds Rule under the Graham-Leach-Bliley Act and PCI-DSS requirements that apply to MU; and
specify to End-Users the manner in which End User Data will be used, processed, handled, stored, and/or deleted and obtain the written consent from each End User to use, process, handle, stored, and/or delete their End User Data in the manner prescribed.

“Good Industry Practice” means the degree of skill, diligence, prudence, and foresight which would ordinarily be expected to be observed by a skilled and experienced professional entity of international repute engaged in the same or similar type of undertaking as that of you under the same or similar circumstances.

Any End User Data in your possession must be stored securely and in accordance with applicable laws. To the extent applicable, if you use End User Data in an anonymized form then your use of such anonymized data must be clearly and conspicuously disclosed to the End User including a description of how you use such anonymized End User Data.

Compliance with Applicable Law

When using the Services, you agree to abide by all applicable local, state, national, and international laws. You also confirm that you, your business, your employees, your service providers, and any others acting on your behalf adhere to all applicable laws, especially those pertaining to financial data, data protection, privacy and data security.

In addition, you certify that you, your officers, directors, shareholders, direct and indirect parent entities, subsidiaries, and affiliates:

are and will remain in compliance with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations (including, without limitation, all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control (OFAC));
are not subject to, or owned by parties that are subject to, sanctions or otherwise identified on any sanctions-related list, including but not limited to lists maintained by the United States government (such as the List of Specially Designated Nationals and Blocked Persons, maintained by OFAC, the Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security, and the CAATSA section 231(d) list maintained by the U.S. State Department), the United Nations Security Council, the United Kingdom, the European Union or its Member States, or other applicable government authority; and
are not engaging, and will not engage, in activities which may require or permit any applicable government authority to pursue an enforcement action against or impose economic sanctions on you or us.

The certifications immediately above are not sought, and are not provided, if and to the extent such request or certification would constitute a violation of the EU Blocking Statute, of laws or regulations implementing the EU Blocking Statute in the EU Member States or in the United Kingdom, or any similar anti-boycott, non-discrimination, or blocking provisions foreseen in applicable local laws.

You are solely responsible for ensuring that your use of the Services is in compliance with all laws applicable to you, including without limitation, the rules and guidelines of any system or network that facilitates payments and any security requirements, including under the Payment Card Industry Data Security Standards (PCI-DSS), as may be applicable to you.

Prohibited Conduct

You, your business, your employees, your service providers, and any others acting on your behalf agree not to, and agree not to assist or otherwise enable any third party to:

breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status;
use our Services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services;
use End User Data or other contact information provided to you during the course of a transaction on the Service to solicit additional sales offline or on another website;
take any action that may undermine the Service’s feedback and ratings systems;
transfer your account to another party without our prior written consent;
distribute or post spam, unsolicited or bulk electronic communications or similar;
distribute viruses or any other technologies that may harm our Services or the interests or property of third parties;
infringe:

the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to us; or
any Intellectual Property Rights that belong to third parties;

harvest or otherwise collect information about End Users or other Developers without their consent;
circumvent any technical measures we use to provide the Services;
breach, disable, interfere with, or otherwise circumvent any security or authentication measures or any other aspect of the Service;
transmit any worms, viruses, Trojan horses, or any other malware, disruptive or harmful software or data through your access to and use of the Services;
use, or attempt to use, any robot, spider, scraper, web crawler, deep link or other similar data gathering or extraction tools, program, algorithm or methodology to access, acquire, replicate, copy or monitor our website, Service or any portion of them;
use, or attempt to use, any engine, software, tool, agent, or other device or mechanism to navigate or search the Service, other than the search engines available through the Service;
attempt to decipher, decompile, disassemble, copy, reverse engineer, or attempt to derive any source code or underlying ideas or algorithms of any part of the Services or software comprising or in any way making up a part of the Service for any purpose other than those provided for by us and in conjunction with the operation of the Service;
with respect to End User Data:

sell and/or rent End User Data;
use the End User Data in an unlawful or infringing manner; and
collect and store End User Data other than as required to access or use the Services, save where such collection and storage is authorized by the End User, or is permitted by us or applicable law;

use, disclose, or retain any “nonpublic personal information” (as defined under the Gramm-Leach-Bliley Act) or “personal information” (as defined under the California Consumer Privacy Act) other than in strict compliance with applicable law;
overload, flood, or spam any part of the Service;
create developer accounts for the Service by any means other than our publicly-supported interfaces (e.g., creating developer accounts in an automated fashion or otherwise in bulk);
access or use the Service in a manner that violates any agreement between you or the End User and us;
sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Services available to any third party (other than as permitted under by MU in writing);
use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components;
modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks;
access or use the Services for any purpose other than for which it is provided by us, including for competitive evaluation, spying, creating a substitute or similar services to any of the Services, or other nefarious purpose;
scan or test (manually or in an automated fashion) the vulnerability of any MU infrastructure without express prior written permission from MU;
transfer, syndicate, or otherwise distribute the Services or End User Data without express prior written permission from MU; or
modify, translate, or otherwise create derivative works of any part of the Services.

Reporting Violations

If any person becomes aware of a violation of this Policy, we request that you immediately notify us via email to [email protected]. We may take any appropriate action -- including reporting any activity or conduct that we suspect violates the law to appropriate law enforcement officials, regulators, or other appropriate third parties -- in our sole discretion in respect to such violations.

Our Services may include information and materials uploaded by other users of the Services. This information and these materials have not been verified or approved by us. The views expressed by other users of our Services do not represent our views or values.

We are not responsible for any complaints or disputes about products and/or services provided by any application or third party through which you accessed our Services. You should settle these complaints or disputes with the application provider or third party directly.

You shall notify us in writing within seven (7) days of any complaints you receive from End Users that relate to your use of the Services including with respect to any actual or alleged unauthorized transactions.

Intellectual Property

Except for the rights expressly granted under these Terms of Use:

all content included as part of the Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all rights, title, and interest in and to the Services, including, without limitation, all intellectual property rights therein; and
all rights, title, and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all intellectual property rights therein, will become our property.

You shall use the Services solely for the purposes that are permitted by and as contemplated by these Terms of Use. Without limiting any other provision of these Terms of Use, you agree that you shall not, either directly or indirectly:

disseminate, market, license, sublicense, sell, resell, lease, transfer, assign, distribute, time share, let, rent, or sub-authorize any element of the Services;
modify, translate, reverse engineer, decrypt, decompile, decode, disassemble, or create derivative works based on our APIs;
breach, override or otherwise circumvent any authentication or security mechanisms or other use restrictions that are built into the Services;
remove or delete any notices, ownership labels, classified legends or marks from the Services;
engage in any action with the Services that destroys or accesses in an unlawful manner the server networks, connections, systems, records, or other assets, tools or services of MU or any related third party;
transmit any worms, viruses, Trojan horses, or any other malware, disruptive or harmful software or data through your access to and use of the Services;
use the Services or any part thereof for any unlawful or fraudulent purpose or otherwise in any way not permitted by these Terms of Use;
obtain or try to obtain or register for itself anywhere in the world any of our Intellectual Property Rights;
mislead, confuse, or cause misapprehension or confusion among End Users as to the features, functionality, origin, or other aspects of our APIs, the Services or our Intellectual Property Rights; or
in your engagement with End Users, promote or use practices to discourage End Users from using the Services or which discriminate against us.

You agree that you have no right to use any trademark we hold, or may hold in the future, without our prior written consent.

All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.

In the event that any of our Intellectual Property Rights vest in you, you hereby assign (or shall use reasonable endeavors to assign or procure the assignment) to us all right, title and interest in and to such Intellectual Property Rights.

You represent and warrant that the Developer App and any part thereof including the title, description and content, does not infringe any rights of third parties.

Limited License to Access the Platform and Use the Technology

Subject to and conditional upon full compliance with the terms of these Developer Terms, we hereby grant you a limited, personal, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable license to install and use our Services on any device (which shall include future updates made available to you from time to time provided you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to your compliance with these Terms of Use. You agree that access to the Service is personal to you, and no third party has any right to use it. We have the right to disable your access to our Services if, in our sole opinion, you have failed to comply with any of the provisions of these Terms of Use or Legal Documents.

Improvements

You may from time to time provide suggestions, comments, or other feedback to us with respect to the Services (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for us notwithstanding anything else. You hereby do and shall grant us a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.

Trademark Notice and Disclaimer

ALL PRODUCT AND COMPANY NAMES ARE TRADEMARKS™ OR REGISTERED® TRADEMARKS OF THEIR RESPECTIVE HOLDERS. UNLESS EXPRESSLY IDENTIFIED AS SUCH, THEIR USAGE DOES NOT IMPLY ANY AFFILIATION WITH OR ENDORSEMENT BY THEIR HOLDERS.

Telecommunications Provider Terms

Some of the Services may be available to you through a compatible desktop or mobile device, which may require Internet access and/or additional software to be installed. You acknowledge and agree that you are solely responsible for these technical requirements, including but not limited to:

any applicable charges, updates and/or additional fees imposed by your telecommunications provider; and
using the Services in compliance with the terms of your agreement with your telecommunications provider.

You also acknowledge that we make no warranties or representations of any kind, express, statutory, or implied, as to:

any applicable charges, updates and/or additional fees imposed by your telecommunications provider; and
using the Services in compliance with the terms of your agreement with your telecommunications provider.

You also acknowledge that we make no warranties or representations of any kind, express, statutory, or implied, as to:

whether the telecommunications services from your provider will be available and accessible at any time or from any location; and
the failure of the telecommunications services to transmit any data, communications, or settings in connection with the Services.

Fees; Taxes

Certain versions or functionalities of the Technology may currently be free of charge, but we reserve the right to make certain additional features, updates, or new versions/releases available only for payment. To the extent the Services or any portion thereof is made available for any fee, you will be required to pay according to:

Your MU dashboard;
MU’s rates that have been emailed to you and that apply to the applicable services; and/or
Myuser.com/pricing.

In the event of a pricing discrepancy, the order of priority regarding which agreement will hold is:

Your MU dashboard;

MU’s rates that have been emailed to you and that apply to the applicable services; and/or
Myuser.com/pricing.

You further agree to provide us information regarding your credit card or other payment instrument. ^[k]

You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and these Developer Terms.

MU will charge your account automatically through your provided payment instructions. Generally, unless specified otherwise in writing, you will not be required to submit a Reserve to MU prior to using the Services. If MU, in its sole discretion requires a reserve, then you will be required to submit a reserve amount to continue using the Services.

MU’s fees, which are first priority and earned upon receipt, will be withdrawn from the Reserve amount. You hereby authorize us to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until your account is terminated, and you further agree to pay any charges so incurred. If you dispute any charges, you must notify us within fourteen (14) days after the date that we invoice you.

We may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by us thirty (30) days after the mailing date of the invoice, or the Services may be terminated or deactivated, in MU’s sole discretion. Unpaid invoices are subject to a finance charge of 2% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

You shall be responsible for all taxes associated with Services other than U.S. taxes based on our net income.

Fee Modifications

MU may revise the Fees at any time. If MU revises the Fees for a Service that you are currently using, MU will notify you at least seven (7) days before the revised Fees apply to you. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.

Collection of Fees and Other Amounts

You must pay, or ensure that MU is able to collect, Fees and other amounts you owe under this Agreement when due. MU may deduct, recoup, or setoff Fees and other amounts you owe under this Agreement, or under any other agreements you have with MU or any of its Affiliates, from your MU Account balance, or invoice you for those amounts. If you fail to pay invoiced amounts when due, if your MU Account balance is negative or does not contain funds sufficient to pay amounts that you owe under this Agreement, or under any other agreement with MU or any of its Affiliates, or if MU is unable to collect amounts due from your MU Account balance, then MU may, to the extent Law permits, deduct, recoup, or setoff those amounts from: (a) if established and applicable, each Reserve; (b) funds payable by MU or its Affiliate to you or your Affiliate; (c) if established, each User Affiliate Reserve; (d) each User Bank Account; and (e) the MU account balance of each MU account that MU determines, acting reasonably, is associated with you or your Affiliate. If the currency of the amount being deducted is different from the currency of the amount you owe, MU may deduct, recoup, or setoff an amount equal to the amount owed (using MU’s conversion rate) together with any fees MU incurs in making the conversion.

Debit Authorization

Without limiting the collection of fees and other amounts, you authorize MU to debit each User Bank Account without separate notice, and according to the applicable User Bank Account Debit Authorization, to collect amounts you owe under this Agreement. If MU is unable to collect those amounts by debiting a User Bank Account, then you immediately grant to MU a new, original authorization to debit each User Bank Account without notice and according to the applicable User Bank Account Debit Authorization. MU may rely on this authorization to make one or more attempts to collect all or a subset of the amounts owed. Your authorization under this Section will remain in full force and effect until (a) all of your MU Accounts are closed; or (b) all fees and other amounts you owe under this Agreement are paid, whichever occurs later. If applicable debit scheme authorization rules grant you the right to revoke your debit authorization, then to the extent Law permits, you waive that right.

Taxes

MU’s fees exclude all Taxes, except as the MU Pricing Page states to the contrary. You have sole responsibility and liability for:

Determining which, if any, Taxes or fees apply to the sale of your products and services, acceptance of donations, or payments you make or receive in connection with your use of the Services; and
assessing, collecting, reporting, and remitting Taxes for your business.

If MU is required to withhold any Taxes, MU may deduct those Taxes from amounts otherwise owed to you and pay those Taxes to the appropriate taxing authority. If you are exempt from paying or are otherwise eligible to pay a reduced rate on, those Taxes, you may provide to MU an original certificate that satisfies applicable legal requirements attesting to your tax-exempt status or reduced rate eligibility, in which case MU will not deduct the Taxes covered by the certificate. You must provide accurate information regarding your tax affairs as MU reasonably requests, and must promptly notify MU if any information that MU prepopulates is inaccurate or incomplete. MU may send documents to you and taxing authorities for transactions processed using the Services. Specifically, Law may require MU to file periodic informational returns with taxing authorities related to your use of the Services. MU may send tax-related information electronically to you.

Limitations of Liabilities & Indemnification

Limitation of Liabilities.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MU, ITS SUBSIDIARIES, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS AND ITS, THEIR, AND OUR BOARD OF DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, OR LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITIES, REPUTATION OR PROFITS, LOSS OF USE, DATA, ANTICIPATED SAVINGS OR OTHER INTANGIBLE LOSSES (EVEN IF MU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EQUITABLE THEORY, OR OTHERWISE, RESULTING FROM:

THE USE OR THE INABILITY TO USE THE SERVICES;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
UNAUTHORIZED ACCESS TO, LOSS OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
GUIDANCE PROVIDED BY US;
DELAYS OR DISRUPTIONS IN OUR SERVICES;
VIRUSES OR OTHER MALICIOUS SOFTWARE, INCLUDING, WITHOUT LIMITATION, TROJANS, WORMS, LOGIC BOMBS, OBTAINED BY ACCESSING OR LINKING TO OUR SERVICES;
DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF PRODUCTS SOLD OR MADE AVAILABLE ON THE SERVICE OR OUR SERVICE THE CONTENT ACTIONS OR INACTIONS OF THIRD PARTIES USING OUR SERVICES;
A SUSPENSION OR OTHER ACTION TAKEN BY US WITH RESPECT TO YOUR USE OF THE SERVICES;
YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR OR YOUR LOSS OF OR INABILITY TO DO BUSINESS AS A RESULT OF CHANGES TO THESE TERMS OF USE; OR
OR ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT WILL MU’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT (EXCLUDING ALL PASS-THROUGH FEES LEVIED BY FINANCIAL BUSINESS ENTITIES) YOU HAVE PAID IN THE LAST THREE (3) MONTHS TO MU TO USE THE PLATFORM, OR, IF GREATER, ONE HUNDRED DOLLARS ($500).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTHABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THE SESECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Indemnification

use of the Services,
any Content,
connection to the Services,
violation of these Terms of Service,
violation of any rights of another,
violation of any provisions of these Terms of Use, including without limitation, any of the representations, warranties or undertakings, violation of any applicable laws, including without limitation, data protections or anti-spam laws,
the manner in which our Services are used, including, without limitation, any trademarks infringing the Intellectual Property Rights of any third party or that the use of the Service violates any other rights (including privacy rights) or any third party (including End Users).

Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Representations and Warranties

You warrant, represent, and undertake that:

you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws legislation and content regulation;
you have full power and authority to enter into these Terms of Use and the execution and performance of your obligations under these Terms of Use does not conflict with:

any laws, rules, regulations or governmental guidelines to which you are subject to; or
any other agreements to which you are a party to or to which you are otherwise bound by;

if you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Use. Such account is deemed to be owned and controlled by the business entity;
any information that you provide us with is accurate, up-to-date and complete and you are authorized to provide us with any financial information (e.g., card details);
you own or have the authority to grant the rights and licenses granted to us by you under these Terms of Use;
any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not);
you are authorized to initiate settlements to and debits from the User Bank Accounts;
you have, and comply with, all necessary rights, consents, licenses, and approvals for the operation of your business and to allow you to access and use the Services in compliance with this Agreement and Law;
your employees, contractors and agents are acting consistently with this Agreement;
your use of the Services does not violate or infringe upon any third-party rights, including IP Rights, and you have obtained, as applicable, all necessary rights and permissions to enable your use of Content in connection with the Services;
you comply with Law with respect to your business, your use of the Services and MU Technology, and the performance of your obligations in this Agreement;
you comply with the Terms of Service;
you comply with the Financial Services Terms, and are not engaging in activity that any Financial Business Entity identifies as damaging to its brand;
you do not use the Services to conduct a Restricted Business, transact with any Restricted Business, or enable any individual or entity (including you) to benefit from any Restricted Business;
you own each User Bank Account, and each User Bank Account is located in a MU-approved country for the location of your MU Account, as described in the Documentation; and
all information you provide to MU, including the User Information, is accurate and complete.

Scope of Application. Unless this Agreement states to the contrary elsewhere, the representations and warranties of these General Terms apply generally to your performance under this Agreement. Additional representations and warranties that apply only to a specific Service may be included in the Services Terms.

Disclaimer of Warranties

THE PLATFORM (INCLUDING MYUSER.COM AND MYUSER PROFILES) AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND. WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, COLLATERAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, OF TITLE AND NON-INFRINGEMENT, OF COMPATIBILITY, OR THAT THE SERVICES ARE SECURE OR ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL BE PROVIDED IN A TIMELY OR PROPER MANNER OR AT ALL. ANY USE IS AT YOUR DISCRETION AND RISK.

MU, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY OF YOUR DATA WILL BE ACCURATE OR COMPLETE OR THAT MU WILL MAINTAIN ANY DATA WITHOUT LOSS.

Parties’ Dispute Resolution by Binding Arbitration

Agreement to Arbitrate

All disputes, claims and controversies, whether based on past, present or future events, arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of this Agreement, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from this Agreement, but specifically excluding any dispute principally related to either party’s IP Rights (which will be resolved in litigation before the United States District Court for the Northern District of California), will be determined by binding arbitration in San Francisco, California before a single arbitrator.

The American Arbitration Association will administrate the arbitration under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 USD (excluding interest, attorneys’ fees and arbitration fees and costs). Where no party’s claim exceeds $25,000 USD (excluding interest, attorneys’ fees and arbitration fees and costs), and in other cases where the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply.

The arbitrator will apply the substantive law of the State of California and of the United States, excluding their conflict or choice of law rules.

Nothing in this Agreement will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this section referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. Sections 1-16) will govern any arbitration conducted in accordance with this Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND MU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MU AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY INFAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

We hope you will have a positive experience using our Platform, but should a dispute between us arise out of or relating to these Terms, we agree to resolve the dispute by following these steps:

Send us a notice to the Notice Address, describing the dispute and including all relevant facts so we know how to help you.
Within 5 business days after our receipt of your notice, we will reach out to discuss your dispute with you.
If we’re not able to resolve your dispute during our discussion, you will send us a written proposal for resolving your dispute.
Within 15 business days after our receipt of your written proposal, we will let you know whether we agree to your proposal, or we will provide you with a counter-proposal.

After Step 4, it’s up to you to decide whether you’d like to continue to negotiate with us to resolve your dispute, or whether you’d like to pursue a resolution through some other means.

Throughout this process, both you and MU agree to negotiate in good faith and according to the terms of this section to resolve the dispute before resorting to litigation or some other form of dispute resolution procedure. All negotiations (including your notice, our discussions, and your and our proposals) pursuant to this section are confidential and treated as compromise and settlement negotiations for the purposes of federal and state rules of evidence and procedure.

MU is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at Myuser.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first email the other a written Notice of Dispute (“Notice”). The Notice to MU should be sent to [email protected] (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If MU and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or MU may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MU or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MU is entitled.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules for consumer disputes can be found at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf.

If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless MU and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties in California with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, MU may, in its sole discretion, pay Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, MU may, in its sole discretion, pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, MU may, in its sole discretion, pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Conflict of Rules

In the case of a conflict between the provisions of this Section and the AAA Rules, the provisions of this Section will prevail.

No Jury Trial

If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties.

Severability of Arbitration Provisions

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Service to the contrary, MU agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending MU written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Confidential Agreement

Confidential Information shall mean any data or information, oral or written, treated as confidential that relates to either party’s (or, if either party is bound to protect the confidentiality of any third party’s information, such third party’s) past, present, or future research, development or business activities, including any unannounced products and services, any information relating to services, developments, Services Documentation (in whatever form or media provided), inventions, processes, plans, financial information, End-User data, revenue, transaction volume, forecasts, projections, and the financial terms of this Agreement. Notwithstanding the foregoing, Confidential Information shall not be deemed to include information if: (i) it was already known to the receiving party prior to the Effective Date of this Agreement, as established by documentary evidence; (ii) it is in or has entered the public domain through no breach of this Agreement or other wrongful act of the receiving party; (iii) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (iv) it has been approved for release by written authorization of the owner of the Confidential Information; or, (v) it has been independently developed by a party without access to or use of the Confidential Information of the other party.

Receiving Party Agreements. Each Party (the “Receiving Party”) hereby agrees:

to hold the other party’s (the “Disclosing Party”) Confidential Information in strict confidence and to take reasonable precautions to protect such Confidential Information (including, without limitation, all precautions the Receiving Party employs with respect to its own confidential materials),
not to divulge any such Confidential Information or any information derived therefrom to any third person;
not to make any use whatsoever at any time of such Confidential Information except as contemplated hereunder,
not to remove or export from the United States or re-export any such Confidential Information or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable U.S. and foreign export laws and regulations,
not to copy or reverse engineer any such Confidential Information, and
that any employee, subcontractor, or agent given access to any such Confidential Information must have a legitimate “need to know” and shall be bound in writing to comply with the Receiving Party’s confidentiality obligations, whether generally or specific to this Agreement.

Storing and Destroying Confidential Information. Except as otherwise provided in this Agreement, within thirty (30) calendar days of termination of this Agreement, the Receiving Party shall, destroy all materials that constitute Confidential Information and/or Intellectual Property of the Disclosing Party and upon request provide to the Disclosing Party written certification signed by an authorized officer of the Receiving Party that all such information was so destroyed. Notwithstanding the foregoing, each party may retain Confidential Information that is (i) stored on archival or back-up files or (ii) required for compliance with applicable law, Payment Network Rules or its obligations pursuant to this Agreement, provided that such party continues to maintain confidentiality of such Confidential Information pursuant to the terms of this Agreement.

Compelled Disclosure. Notwithstanding any provision in this Agreement to the contrary, each party may disclose Confidential Information of the other party to the extent it is required to be disclosed pursuant to a valid order or requirement of a governmental agency or court of competent jurisdiction.

United States Government Matters

You may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Company on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of these Developer Terms and will be prohibited except to the extent expressly permitted by the terms of these Developer Terms.

Miscellaneous

Governing Law: These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of California.
Amendment: These Terms of Use cannot be modified, varied, amended, or supplemented in any way by you. We reserve the right to modify, vary, amend, or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.
Assignment: These Terms of Use will be binding upon and endure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent. Any action or conduct in violation of the foregoing will be void and without effect. We may assign or transfer these Developer Terms, in whole or in part, without restriction. We expressly reserve the right to assign these Developer Terms and to delegate any of its obligations hereunder.
Audit: We shall have the right to audit your compliance with these Terms of Use on giving seven (7) days’ written notice to you, unless such audit is required:

for reasons of actual or suspected fraud, criminal activity or failure to comply with applicable law;
by a regulator; or
for reasons of actual or suspected non-compliance by you with your security obligations under these Terms of Use, in which case such audits may be at any time and without restriction.

Collection Costs: You are liable for all costs MU incurs during collection of any amounts you owe under this Agreement, in addition to the amounts you owe. Collection costs may include attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, applicable interest, and any other related cost.
Communications: These Terms of Use are issued and concluded in English. Communications between us will be in English and will be conducted by letter, phone or email using the most recent details that you have provided to us. You may contact us at Email: [email protected].
Cumulative Rights; Injunctions: The rights and remedies of the parties under this Agreement are cumulative, and each party may exercise any of its rights and enforce any of its remedies under this Agreement, along with all other rights and remedies available to it at law, in equity or under the Financial Services Terms. Any material breach by a party of Section 7 or Section 8 of these General Terms could cause the non-breaching party irreparable harm for which the non-breaching party has no adequate remedies at law. Accordingly, the non-breaching party is entitled to seek specific performance or injunctive relief for the breach.
Electronic Communications: By accepting this Agreement or using any Service, you consent to electronic communications as described in the E-SIGN Disclosure, which is incorporated into this Agreement by this reference.
Entire Agreement: These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations, and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings, or agreements between the parties whether direct, indirect, collateral, express or implied.
Export Control: You must not use or otherwise export, re-export or transfer the MU Technology except as authorized by United States law and the laws of the jurisdiction(s) in which the MU Technology was distributed and obtained, including by providing access to MU Technology (a) to any individual or entity ordinarily resident in a High-Risk Jurisdiction; or (b) to any High-Risk Person. By using the MU Technology, you represent as of the Effective Date and warrant during the Term that you are not (x) located in or organized under the laws of any High-Risk Jurisdiction; (y) a High-Risk Person; or (z) owned 50% or more, or controlled, by individuals and entities (i) located in or, as applicable, organized under the laws of any High-Risk Jurisdiction; or (ii) any of whom or which is a High-Risk Person. You must not use the MU Technology for any purposes prohibited by Law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons.
Force Majeure: Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including without limitation acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labor disruptions, blackouts, embargoes, epidemics, pandemics).
Further Assurances: The parties will do and execute or arrange for the doing and executing of each necessary act, document, and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable law.
Governing Law: These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of California.
Information: Our two financial APIs let fintech apps process the following types of information:

personal information:

name, date of birth, full address(es), email address, phone number, gender;

payment account information:

account type (e.g. current, saving, investment, credit card);
account name;
IBAN, account number, sort code, SWIFT;
currency;
account balance information;
current balance;
available balance (credit cards);
overdraft balance;
interest rate;
payment due date (credit cards);
next closing date (credit cards);
minimum payment due (credit cards);
information on transactions;
time;
description;
amount; and
metadata (arbitrary data that banks associate with a transaction e.g. category).

Interpretation:

(a) No provision of this Agreement will be construed against any party on the basis of that party being the drafter.
(b) References to “includes” or “including” not followed by “only” or a similar word mean “includes, without limitation” and “including, without limitation,” respectively.
(c) Except where expressly stated otherwise in a writing executed between you and MU, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services.
(d) All references in this Agreement to any terms, documents, Law or Financial Services Terms are to those items as they may be amended, supplemented or replaced from time to time. All references to APIs and URLs are references to those APIs and URLs as they may be updated or replaced.
(f) Unless expressly stated otherwise, any consent or approval that may be given by a party (i) is only effective if given in writing and in advance; and (ii) may be given or withheld in the party’s sole and absolute discretion.
(g) References to “business days” means weekdays on which banks are generally open for business. Unless specified as business days, all references in this Agreement to days, months or years mean calendar days, calendar months or calendar years.
(h) Unless expressly stated to the contrary, when a party makes a decision or determination under this Agreement, that party has the right to use its sole discretion in making that decision or determination.
(i) The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

Modification: MU may modify all or any part of this Agreement at any time by posting a revised version of the modified General Terms (including the introduction to this Agreement and the Definitions), Services Terms or terms incorporated by reference on the MU Legal Page or by notifying you. The modified Agreement is effective upon posting or, if MU notifies you, as stated in the notice. By continuing to use Services after the effective date of any modification to this Agreement, you agree to be bound by the modified Agreement. It is your responsibility to check the MU Legal Page regularly for modifications to this Agreement. MU last modified these General Terms on the date listed under the “General Terms” heading, and each set of Services Terms on the date listed under the heading for those terms. Except as this Agreement (including in this Section 14) otherwise allows, this Agreement may not be modified except in a writing signed by the parties.
No Agency: Each party to this Agreement, and each Financial Business Entity, is an independent contractor. Nothing in this Agreement serves to establish a partnership, joint venture, or general agency relationship between MU and you, or with any Financial Business Entity. If this Agreement expressly establishes an agency relationship between you as principal and MU or its Affiliate as agent, the agency conferred, including your rights as principal and MU’s or its Affiliate’s obligations as agent, is limited strictly to the stated appointment and purpose and implies no duty to you, or MU or its Affiliate, and will in no event establish an agency relationship for tax purposes.
No Waiver: The failure of us to act with respect to a breach of these Developer Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
Professional Advice: Any information or data contained in or made available through the Services is provided for informational purposes only. Such information or data is not a substitute for the services of qualified professionals. We do not give professional advice and are not in the business of providing legal, financial, accounting, taxation or other professional services or advice. You should take independent financial or other advice from a qualified professional regarding any information or data contained in or made available through the Services.
Relationship of the Parties: Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.
Severability: If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
Survival: This agreement shall survive the termination or expiration of these Terms of Use together with any other provisions which by their nature or are expressed to survive the expiration or termination or are intended or required to give effect to the expiration or termination of these Terms of Use.
Third Party Rights A person who is not a party to these Terms of Use has no right to enforce any of its term.
Trade Restrictions: You represent and warrant that 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 that you are not listed on any U.S. government list of prohibited or restricted parties.

If you have any questions about this information or how it is used, please see our privacy policy.

Definitions

“AAA Rules” means the American Arbitration Association’s Commercial Arbitration Rules as in the General Terms.

“ACH Network” means the automated clearinghouse payment network that the member organizations of Nacha control and manage.

“Affiliate” means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with another entity.

“Authorized Purpose” means the purpose approved by MU these Terms for which you may collect, use, disclose, and process Data or use the Services.

“Beta” means “proof of concept,” “beta,” “pilot,” “invite only” or similar designation.

“Beta Service” means any Beta portion of the Services or MU Technology.

“Card” means a Card Network-branded payment card (which may be a physical card or tokenized, encrypted, or digitized form of a physical card) an Issuing Bank issues.

“Card Account Data” means (a) Data generated by your use of the MU Services; and (b) Personal Data that you provide to the applicable Issuing Bank through MU, or that you authorize MU and any Issuing Bank to collect.

“Card Authorized User” means an individual authorized to use a Card to make Card Transactions on the Accountholder’s behalf.

“Card Authorized User Terms” means the terms governing a Card Authorized User’s use of a Card.

“Card Dispute” means a dispute in relation to a Card Transaction between the parties to a transaction.

“Card Network” means a payment card network, including the network operated by each of Visa, Mastercard, American Express and Discover.

“Card Network Rules” means the Payment Method Rules published by a Card Network.

“Card Transaction” means a transaction a Card Authorized User initiates to make a payment with a Card or to obtain cash at an automatic MU machine (ATM).

“CCPA” means California Consumer Privacy Act of 2018, Cal. Civ. Code Sections 1798.100-1798.199.

“Change of Control” means (a) an event in which any third party or group acting together, directly or indirectly, acquires or becomes the beneficial owner of, more than 50% of a party’s voting securities or interests; (b) a party’s merger with one or more third parties; (c) a party’s sale, lease, transfer or other disposal of all or substantially all of its assets; or (d) entering into of any transaction or arrangement that would have the same or similar effect as a transaction referred to in the foregoing (a)-(c); but, does not include an initial public offering or listing.

“Claim” means any claim, demand, government investigation or legal proceeding made or brought by a third party.

"Communication” means any written or electronic transmission of information or communication, including a notice, approval, consent, authorization, agreement, disclosure, or instruction.

“Content” means all text, images, and other content that MU does not provide to you and that you upload, publish, or use in connection with the Services.

“Control” means direct or indirect ownership of more than 50% of the voting power or equity in an entity.

“Credential Compromise” means an unauthorized access, disclosure, or use of your MU Account credentials.

“Customer” means an entity or individual who owes payment to a Developer or Merchant in exchange for you providing goods or services (including charitable services).

“Cut-Off Time” means the time on a business day by which MU must receive an instruction request from an Accountholder in order to process that instruction or request on the same day.

“Data Source” means an entity that provides information to MU.

“Due Diligence Requirements” means requirements imposed by Law that govern, are related to, or are similar to Anti-Money Laundering (AML), Know Your Customer (KYC), Know Your Business (KYB) and Customer Due Diligence (CDD).

“End User Rights” means the data privacy rights afforded to End Users under Law, including the CCPA and GDPR.

“End User Service” has the meaning given in MU’s End User Terms of Service.

“Entry” has the meaning given to it in the Nacha Operating Rules.

“ERISA” means the Employee Retirement Income Security Act of 1974, 29 U.S.C. Chapt. 18.

“FCRA” means Fair Credit Reporting Act, 15 U.S.C. Section 1681, et seq. and Equal Credit Opportunity Act, 15 U.S.C. Section 1681, et seq.

“FDIC” means Federal Deposit Insurance Corporation.

“FDIC Insurance” means deposit insurance that covers certain types of accounts at FDIC-insured banks.

“Feedback” means ideas, suggestions, comments, observations, and other input you provide to MU regarding MU services and the MU Technology.

“Fees” means the fees applicable to the Services.

“Financial Institution” has the meaning given in the GLBA.

“Financial Business Entity means a third party, an Affiliate of MU, or a party unaffiliated with MU that provides financial services and with which MU, an Affiliate of MU, or a party unaffiliated with MU may interact to provide the Services.

“Financial Services Terms” means (a) the rules and terms a Financial Business Entity specifies that apply to that entity’s services; and (b) the PCI Standards.

“Force Majeure Event” means an event beyond the control of MU or its Affiliates, including a strike or other labor dispute; labor shortage, stoppage or slowdown; supply chain disruption; embargo or blockade; telecommunication breakdown; power outage or shortage; inadequate transportation service; inability or delay in obtaining adequate supplies; weather; earthquake; fire; flood; act of God; riot; civil disorder; civil or government calamity; epidemic; pandemic; state or national health crisis; war; invasion; hostility (whether war is declared or not); terrorism threat or act; Law; or act of a Governmental Authority.

“GLBA” means Gramm-Leach Bliley Act, 15 U.S.C. Sections 6802-6809.

“Governmental Authority” means a regulator or other governmental agency or entity with jurisdiction over the Services, MU, or you, as applicable.

“High-Risk Jurisdiction” means any jurisdiction or administrative region that MU has deemed to be of particularly high risk.

“High-Risk Person” means any individual or entity that MU has deemed to be of particularly high risk.

“Hold” means a restriction on the availability of funds in a Financial Account that MU or its Affiliate places as a result of delayed funds availability, Legal Process, or other reason.

“ID Image” means an image of an individual submitted through the MU Identity Services, including an image captured from an individual’s identification document.

“Insolvency Proceeding” means the occurrence of any of the following (or any analogous procedure or step):

as defined by Law, you are unable (or deemed to be unable) to pay your debts;
you are the subject of a petition, resolution, order or any other step in relation to winding up, bankruptcy or equivalent proceedings;
you stop, or threaten to stop, carrying on all or part of your business (except for the purposes of an amalgamation, reconstruction or reorganization);
you enter into a compulsory or voluntary liquidation, or a liquidator is appointed in relation to you or any of your assets;
you are the subject of a petition for an administration order or an application for such an order, or a notice of intention to appoint an administrator to you is given, or any other step is taken by any individual or entity with a view to the administration of you under Law;
a moratorium is agreed or declared with respect to all or part of your debts;
you enter, or propose to enter, into any compromise or arrangement of your debts with or for the benefit of some or all of your creditors generally, or in respect of a particular type of your debts;
you begin proceedings or negotiations, or propose or agree, to reschedule, readjust or defer your debts;
a liquidator, receiver, administrative receiver, administrator, manager or other similar officer is appointed in respect of the whole or any part of your assets;
an enforcement of any security over, or an execution, attachment, lien, levy, distress or similar procedure is levied against, any of your assets;
any legal proceeding, corporate action or other procedure or step is taken in connection with appointing an administrator, administrative receiver, receiver, liquidator, manager, trustee in bankruptcy or other similar officer in relation to you or any of your assets; or
where any User Group Entity or shareholder of a User Group Entity is subject to any of the events listed in this definition.

“IP Claim” means a Claim made against you by a third party alleging that the MU Technology, Services, or a MU Mark provided to and used by you in accordance with this Agreement infringes or misappropriates the IP Rights of the third party making the Claim, excluding Claims made by Connected Accounts.

“IP Claim Losses” means (a) all amounts finally awarded to the third party making an IP Claim; and (b) all amounts paid to a third party to settle an IP Claim under an agreement approved by MU.

“IP Rights” means all copyrights, patents, trademarks, service marks, trade secrets, moral rights and other intellectual property rights.

“IRS” means Internal Revenue Service.

“IRS Code” means Internal Revenue Code, 26 U.S.C. Title 26.

“Issuing Bank” means a Financial Business Entity that issues a Card.

“Issuing Bank Terms” means the applicable Issuing Bank’s Financial Services Terms that govern your participation in the applicable MU services.

“Law” means all applicable laws, rules, regulations, and other binding requirements of any Governmental Authority.

“Legal Process” means a writ of attachment, lien, levy, subpoena, warrant, or other legal order.

“Mark” means a trademark, service mark, design mark, logo or stylized script.

“Nacha” means the National Automated Clearinghouse Association.

“Nacha Operating Rules” means the rules Nacha publishes that govern automated clearing house transactions on the ACH Network, located at www.nachaoperatingrulesonline.org.

“Originator” has the meaning given to it in the Nacha Operating Rules.

“Payment Account Details” means the Payment Method account details for a Customer that the PCI Standards require to be protected, which may include the Customer’s name, and with respect to credit and debit cards, the Customer’s account number, card expiration date, and card verification value or similar security code.

“Payment Method” means a payment method that MU accepts as part of the MU Payments Services.

“Payment Method Rules” means the guidelines, bylaws, rules and regulations a Payment Method Provider imposes that describe how a Payment Method may be accepted and used.

“Payment Method Terms” means terms that apply to your acceptance and use of a Payment Method.

“Payout Delay” means a delay to the Payout Schedule caused by (a) the unavailability of a Financial Business Entity, Governmental Authority, telecommunications provider or internet service provider; (b) incorrect information, such as a bank account number, provided to MU; (c) your equipment, software, or other technology; or (d) a Force Majeure Event.

“Payout Recipient” means a third-party recipient to which MU enables you to make payouts via the Services.

“PCI-DSS” means the Payment Card Industry Data Security Standards.

“PCI Standards” means PCI-DSS and Payment Application Data Security Standard (PA-DSS), including successor standards (if any).

“Personal Data” means any information relating to an identifiable natural person that is Processed in connection with the Services and includes “personal data” as defined under EU Regulation (EU) 2016/679 (General Data Protection Regulation) and “personal information” as defined under the CCPA.

“Principal Owner” means, with respect to a legal entity, an individual who directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise, owns at least 25% of the equity interests of the legal entity.

“Privacy Policy” means any or all of a publicly posted privacy policy, privacy notice, data policy, cookies policy, cookies notice or other similar public policy or public notice that addresses a party’s Personal Data practices and commitments.

“Protected Data” means (a) all User Information that you provide to MU; and (b) any Personal Data that MU uses when acting as a Data Processor when providing the Services.

“Restricted Business” means any category of business or business practice for which a Service cannot be used.

“Selfie Verification” means the verification of an ID Image using biometric identifiers and facial recognition technology.

“Service” means a service MU (or its Affiliate, as applicable) makes available to you under this Agreement.

“Services Terms” means terms in this Agreement that apply to particular MU services.

“MU Account” means your MU account.

“MU API” means all instances of the MU application programming interfaces, including all endpoints that enable MU users to use MU services.

“MU Dashboard” means the interactive user interface through which a MU user may view information about and manage a MU account.

“MU Data” means data that you obtain via the Services, including (a) information relating to MU API interactions via the MU Technology; (b) information MU uses for security or fraud prevention; and (c) all aggregated information MU generates from the Services.

“MU End User Terms” means the terms that apply to an End User’s use of MU’s End User Services.

“MU Losses” means all amounts awarded to the third party making a Claim, and all penalties, fines, and third-party costs (including legal fees) paid by the MU Parties.

“MU Parties” means MU, MU’s Affiliates, and the directors, employees, and agents of each.

“MU Pricing Page” means www.myuser.com/pricing.

“MU Technology” means all hardware, software, application programming interfaces (including the MU API), user interfaces (including the MU Dashboard), and other technology that MU uses to provide and make available the MU services.

“MU Website” means www.myuser.com.

“Reserve” means funds described as a reserve by MU, which MU or its Affiliate holds as security against liabilities that any User Group Entity incurs under its agreement with MU or an Affiliate of MU.^[l]

“Tax” or “Taxes” means any applicable taxes and duties imposed by any Governmental Authority, including sales and use tax, excise tax, gross receipts tax, value-added tax (VAT), goods and services tax (GST) (or equivalent transaction taxes) and withholding tax.

“Tax Information Report” means a required tax information return or report, including IRS Form 1099, IRS Form 1042-S, or any other similar form.

“Third-Party Service” means a service, product, or promotion provided by a third party that utilizes, integrates with or is ancillary to the Services.

“Transaction” means a Payment Method transaction request initiated via the MU Technology through which MU is directed to capture funds for or from a payer’s associated account with respect to a payment from a Customer to a Merchant or Developer, and includes the authorization, settlement if appliable, and if applicable, Disputes, Refunds and Reversals with respect to that Payment Method transaction request.

“User Bank Account” means a bank or other financial institution account a merchant or developer identifies to MU.

“User Compliance Information” means information about you that MU requires to comply with Law, and Governmental Authority and Financial Business Entity requirements, and may include information (including Personal Data) about your representatives, beneficial owners, principals, and other individuals associated with you or your MU Account.

“User Financial Information” means (a) information about you that MU requires to assess your business and financial condition and outstanding credit exposure, including financial statements (and, where applicable, unaudited management accounts including a profit and loss account, balance sheet and cash-flow statement) and supporting documentation (including bank statements); (b) information and supporting documentation to enable MU to calculate your risk of loss; and (c) all other information MU requests to assess your risk and ability to perform your obligations under this Agreement.

“User Group” means (a) you; (b) any entity or individual that MU reasonably determines is associated with you; and (c) each of your and their Affiliates; that has entered into an agreement with MU (or an Affiliate of MU) under which MU or its Affiliate provides services.

“User Group Entity” means an individual or entity that is part of the User Group (including you).

“User Information” means User Compliance Information and User Financial Information.

“User Party” means you, your Affiliate, or a director, employee or agent of you or your Affiliate.

“Verifiable Individual” means an individual whose Verification Data is submitted through the MU Identity Services.

“Verification Data” means all data, information, photos, ID Images, and documents (including copies of documents) submitted through the MU Identity Services.

Developer – Privacy Policy

Background

This Agreement is effective upon the date you first access or use the Services (“Effective Date”) and continues until you or MU terminates it (this period, the “Term”). Capitalized terms used in this Agreement that are not defined inline are defined in the Definitions.

Confidential Information

Confidential Information. For the purposes of the Terms of Use, “Confidential Information” means either party’s (or an End User’s) non-public, confidential, secret or proprietary material and information that has been or may be, directly or indirectly, disclosed to the other party or which the other party has come into the possession or knowledge of, whether in verbal, written, graphic, electronic or other form, in connection with or as a result of entering into the Terms and Conditions of Use (or “Terms” or “Terms of Use” or “Terms and Conditions”) and using the Services.

Each party will maintain the confidentiality of all Confidential Information a party may provide the other party or which you receive as a result of your use of the Services and each party will not release, disclose, use, make available, or copy any such Confidential Information without the other party’s prior written consent. Each party may disclose Confidential Information to its employees, agents, or subcontractors on a need-to-know basis only. Each party will take reasonable precautions to protect the confidentiality of such Confidential Information. Excluded from this obligation of confidentiality is Confidential Information which:

is known or becomes known to the other party directly or indirectly from a third party source not having an obligation of confidentiality to either party;
becomes publicly known or otherwise ceases to be secret, proprietary or confidential, except through either party’s breach of the Terms of Use;
is independently developed by each party; or
is required to be disclosed by a government authority or by law, provided that the disclosing party gives the other party reasonable prior written notice sufficient to permit non-disclosing party to contest such disclosure.

The obligations with respect to Confidential Information shall survive the termination of the Terms of Use.

About This Policy

Please note that this Privacy Policy does not apply to the information we collect from End Users. If you are an End User, please refer to our End User Privacy Policy to learn more about the Personal Data we collect from you and how we use and share that data. However, if you are a Developer, you are expected to understand and abide by both the Developer Privacy Policy and the End User Privacy Policy, as there may be some overlap between the two policies and you are bound by both policies.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MU ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

This Privacy Policy is incorporated into and forms part of our Developer Terms of Use. In addition, when using certain services, you will be subject to any additional terms applicable to such services including, without limitation, End User Privacy Policy and Cookie Policy (collectively, the “Privacy Policies”). All such terms are hereby incorporated by reference into this Terms of Service.

Before using the Services or submitting any Personal Data to MU, please review this Privacy Policy carefully and contact us if you have any questions. By using the Services, you agree to the practices described in this Privacy Policy. This Policy will apply each time you access or use the Services. If you are agreeing to the terms of this Policy on behalf of an organization or entity, you represent and warrant that you are so authorized to agree on behalf of that organization or entity. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Services.

Modifications to Services: MU reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MU will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Our Data Practices – U.S. Consumer Privacy Notice

Information We Collect and Categories of Sources

As explained in greater detail below, depending on which of the services a developer uses, MyUser (“MU,” “We,” “Us,” Our) may collect the following information from you and your customer (i.e., MU’s End User):

Identifiers (for example, name, email address, phone number, and username);
Location information (for example, time zone setting, and device location);
Financial information (for example, financial account name and number, balance, and transaction history);
Commercial information (for example, data relating to which of our services you use through developer apps and the dates and times of your use);
Electronic network activity information (for example, your device hardware model and operating system, and browser data);
Professional information (for example, information about your employer and payroll information); and
Inferences that we have derived from the information we’ve collected (for example, we may derive location from IP address or your annual income from your pay stubs).

We collect categories of information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”).

Personal Data You or End Users Provide

When a financial account connects with a developer application or otherwise connected through MU, where applicable, we collect identifiers and login information required by the provider of the financial account, such as username and password, or a security token. In some cases, we also collect the Social Security number, date of birth, phone number, email address, security questions and answers, and one-time password (OTP) to help verify identities and connect financial accounts. When providing this information, End Users give the developer and MU the authority to act on their behalf to access and transmit End User Information from the relevant bank or other entity that provides your financial accounts (we’ll call them “financial product and service providers” in this Policy). We may also be provided with identifiers and other information, including name, email address, and phone number, when we are contacted, or any such information is entered on our websites.

Information that you or an End User provide by filling in forms on our Site, including information provided at the time of registering to use our Site and other core registrations, subscribing to our Services, posting material, or requesting further services may include:

Information you provide us, or that we may collect from you, when you report a problem with our Site;
a record of correspondence if you contact us;
general, aggregated, demographic and non-personal Information;
details about your computer, including (where available) your IP address, operating system and browser plug-in types, operating system, and platform as. well as information about your general internet usage (e.g. by using technology that stores information on or gains access to your device, such as cookies, tracking pixels, web beacons etc. (together, “Cookies”));
preferences in receiving marketing from us and our third parties and your communication preferences;
any other Information we consider necessary to enhance your experience on the Site.

Personal Data We Collect Through Our Social Media Pages

We have pages on social media sites (“Social Media Pages”). When you interact with our Social Media Pages, we will collect End User Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.

Personal Data We Receive Automatically from Use of the Services

When you and your End Users visit, use, and interact with the Services, we may receive certain information about such visits, uses, or interactions. For example, we may monitor the number of people that visit the Services (including whether your End Users access the Services more or less frequently than the End Users of other developers), peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Services (e.g., Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern. In particular, the following information is created and automatically logged in our systems:

Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site;
Cookies: Please click here to learn more about how we use cookies;
Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings; and
Usage Information: We collect information about how you use our Services, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.

Information We Collect from Financial Accounts

The information we receive from the entities that maintain financial accounts varies depending on the specific MU services developers integrate with their applications, as well as the information made available by the providers of financial accounts. But, in general, we collect the following types of Personal Data ^[m]from financial accounts:

Account information, including financial institution name, account name, account type, account ownership, branch number, IBAN, BIC, and account and routing number and sort code;
Information about an account balance, including current and available balance;
Information about credit accounts, including due dates, balances owed, payment amounts and dates, transaction history, credit limit, repayment status, and interest rate;
Information about loan accounts, including due dates, repayment status, balances, payment amounts and dates, interest rate, guarantor, loan type, payment plan, and terms;
Information about investment accounts, including transaction information, type of asset, identifying details about the asset, quantity, price, fees, and cost basis;
Identifiers and information about the account owner(s), including name, email address, phone number, date of birth, address, and resident status information;
Insurance information;
Information about account transactions, including amount, date, payee, type, quantity, price, location, involved securities, and a description of the transaction; and
Professional information, including information about your employer, where payroll accounts are connected or pay stub information.

The data collected from financial accounts includes information from all accounts (e.g., checking, savings, and credit card) accessible through a single set of account credentials.

Information We Receive from Devices

When a device is connected to our services through a developer’s application, we receive identifiers and electronic network activity information about that device, including internet protocol (IP) address, time zone setting and location, device location, hardware model, operating system, which features within our services are accessed, browser data, and other technical information about the device. We also use cookies or similar tracking technologies to collect usage statistics and to help us provide and improve our services. You can find more information about how we use cookies and your related choices in our Cookie Policy.

Information We Receive from Other Sources

We also receive identifiers and commercial information directly from the relevant developer or other third parties, including but not limited to, our service providers, bank partners, and identity verification services. For example, developers may provide information such as End Users’ full name, Social Security number, email address, phone number, or information about financial accounts and account transactions, and our bank partners or service providers may provide information such as the status of a transaction initiated.

Inferences We Derive from the Data We Collect

We may use the information we collect to derive inferences. Here are a few examples of the types of inferences we may derive from data we have collected:

Geolocation or annual income;
We may infer the type of account or subaccount connected―for example, when a loan account is connected, we can let the developer know whether the account is for a mortgage, student loan, or credit card;
We may derive inferences from financial information, including transaction data, and from other sources to help enable the developers of connected applications to provide a better user experience, like providing faster access to your funds.

How Do We Collect Your Information

Email Pixels

We may use pixels in our email campaigns that allow us to collect email and IP address as well as the date and time an email is opened, or a link is clicked in the email.

How We Use Your Information

All financial companies need to share consumers' personal information to run their everyday business. In the section below, we list a non-exhaustive list of the reasons financial companies can share their consumers' personal information; the reasons MU chooses to share; and whether this sharing can be limited.

Reasons we can share your personal information	Does MU share?	Can you limit this sharing?
For our everyday business purposes — such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus	Yes	No
For our marketing purposes — to offer our products and services to you	No	We don't share
For joint marketing with other financial companies	No	We don't share
For our affiliates' everyday business purposes — information about your transactions and experiences	Yes	No
For our affiliates' everyday business purposes — information about your creditworthiness	Yes	Yes
For our affiliates to market to you	Yes	Yes
For nonaffiliates to market to you	No	We don't share

We may use End User Personal Data for purposes, including but not limited to, the following:

Provide Services: To provide the Services and connect financial accounts with related software applications, to carry out our obligations arising from any contracts entered into between you and another entity using our Site or between you and us, to analyze the types of financial accounts and software applications connected through the Services, and to provide location-based services, such as advertising, search results and other personalized content;
Marketing and Promotional Offers: We may also use Information to provide information about goods and services which may be of interest to you and enhance your Site experience, service messages, new features, enhancements, special offers and events of interest. We may contact you via the following channels: emails, push notifications, web notifications, post, telephone, or in-app messages;
Business Transfers: In the event that we or substantially all of our assets are acquired (by merger or acquisition), or transferred by way of a reorganization, customer information will be one of the transferred assets;
Payment Purposes: To bill developers for our Services and to transmit payment;
Provide Support: To respond to inquiries, comments, feedback, or questions;
To send administrative information, for example, information regarding the Services and changes to our terms, conditions, and policies;
Develop Existing Services: To analyze interactions with our Services and to develop new products and services and to maintain and improve the content and functionality of the Services;
Affiliated and Partner Businesses, and other Third Parties: To offer our Services, we may engage with an affiliated or other business, or other third party, that we may or may not control (e.g. marketing companies, developers, payments processers to process online transactions etc.). We will inform you when an affiliated or partner business, or other third party, is involved in your transactions and when we will need to share your Information related to those transactions with them. You understand that it is important that such affiliated and partner businesses, and other third parties, have access to the relevant Information to perform their functions. We will ensure that these affiliated and partner businesses, and other third parties, do not use your Information for other purposes. We may also receive Information from these affiliated and partner businesses, and other third parties (e.g. updated address information), which we may use (e.g. to correct our records). We may aggregate Personal Data and use the aggregated information to analyze the effectiveness of our Services, to improve and add features to our Services, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of any users of our Services and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Services, through cookies, and through other means described in this Privacy Policy.
Identity Verification: to verify identity and the identities of other members of your company or organization;
Help Prevent Fraud: To prevent and investigate fraud, criminal activity, or misuses of our Services, and to ensure the security of our IT systems, architecture, and networks;
For Legal Purposes and to Protect Privacy: To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties;
Other: for any other reason which we deem necessary to enhance your experience of the Site; or
Our Lawful Bases for Processing (EEA and UK End Users Only).

For individuals in the European Economic Area (“EEA”) or the United Kingdom (“UK”), our legal basis for processing your Developer and End User Information will depend on the information concerned and the context in which we collected or processed it. Generally, however, we will normally only collect and process Developer and End User Information where:

we need to fulfill our responsibilities and obligations in any contract or agreement with you (for example, to comply with our end user services agreements);
to comply with our legal obligations under applicable law;
the processing is necessary for our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (for example, to safeguard our services; to communicate with you; or to update our services); or
you have given your consent to do so.

To the extent we rely on consent to collect and process Developer and End User Information, you have the right to withdraw your consent at any time per the instructions provided in this Policy.

We may collect, use, and share Information in an aggregated, de-identified, or anonymized manner for any purpose permitted under law. This includes creating or using aggregated, de-identified, or anonymized data based on the collected information to develop new services and to facilitate research.

Note that our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data or other information to these websites.

Why Do We Use Your Information?

Financial companies choose how they share personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires that we tell Developers and End Users how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

How We Share Your Information

In certain circumstances we may share End User Personal Data with third parties without further notice to you, unless required by the law, with the categories of third parties set forth below:

Developers: We will share the End User Personal Data relating to financial accounts with the developers of the software applications by which End Users connect their financial accounts through the Services, and we will also share End User Personal Data with third parties as instructed by such developers.
Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share End User Personal Data with vendors and service providers, including providers of hosting services and web analytics services. Pursuant to our instructions, these parties will access, process, or store End User Personal Data in the course of performing their duties to us.
Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), any Data and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services, or the public, or (v) protect against legal liability.
Other: We may share data, at our sole discretion, for any other notified purpose with your consent or at your direction. We may collect, use, and share End User Information in an aggregated, de-identified, or anonymized manner (that does not identify you personally) for any purpose permitted under applicable law. This includes creating or using aggregated, de-identified, or anonymized data based on the collected information to develop new services and to facilitate research to the extent permitted under applicable law.

Our Retention And Deletion Practices

We retain Developer and End User Information for no longer than necessary to fulfill the purposes for which it was collected and used, as described in this Policy, unless a longer retention period is required under applicable law or if you permit us to retain such information as permitted by law. As permitted under applicable law, even after the Developer or End User stops using an application or terminates their account with one or more developer, we may still retain information (for example, if they still have an account with another developer). However, the information will only be processed as required by law or in accordance with this Policy.

Some of the Information that we collect may be transferred to, and stored at, a destination outside of the U.S. It may also be processed by staff operating outside the U.S. who work for us or an affiliated or partner business. Such staff may be engaged in, among other things, the fulfilment of orders, the processing of payment details, and the provision of support services.

Security - How Do We Protect Your Information

Although we will do our best to protect your Information, we cannot guarantee the security of your Information transmitted to our Site; any transmission or use of the Services is at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We may, for example, use encryption technology to secure your Information during transmission to our Site as well as external firewall and on-host firewall technology to prevent network level attacks. However, no Internet or e-mail transmission is ever fully secure or error free. E-mails sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Services or e-mail. Please keep this in mind when disclosing any Personal Data to MU via the Internet

It is important for you to protect against unauthorized access to your password and to your devices used to access our Services. You are responsible for keeping your password confidential. For example, ensure that you sign off when you have finished using a shared device.

We are not responsible for circumvention of any privacy settings or security measures contained on the Services, or third party websites.

MU implements security policies and practices designed to protect the confidentiality and integrity of information about you, including the information you provide to us (such as Social Security number and other identifying information), as well as any other information we collect about you. MU implements control measures designed to limit access to this information to personnel who have a business reason to know it and prohibits its personnel from unlawfully disclosing this information.

Additionally, we require Developers to protect data. In respect of any personal data processed as part of the usage of the Developer Apps (“End User Data”), Developers warrant and undertake that they:

have complied, continue to comply, and shall in future comply with all data protection laws with respect to collection, usage, and storage of the End User Data;
have obtained and shall in future obtain, any necessary consents required for the processing of End User Data;
have given, and shall in future give, any necessary notices to the End Users with respect to collection and usage of the End User Data; and
otherwise have a legitimate ground to process the End User Data as contemplated under their agreement.

They will treat any End User Data as highly confidential information. They shall:

notify MU as soon as reasonably possible and, in any event, no later than five business days after you learn of any misappropriation or unauthorized access to, or disclosure or use of, the End User Data, the Developer Apps or the Services (collectively, “Security Breaches”);
investigate each Security Breach that they become aware of or have reason to suspect as soon as reasonably possible and, in any event, no later than five business days of becoming aware or having reason to suspect such Security Breach has occurred, and, in the case of an actual Security Breach, provide assistance to us in connection with any reasonable investigation that we may desire to conduct with respect to such Security Breach;
notify a competent authority of any Security Breach whenever required to do so (and within the period specified) under applicable law; and
implement any steps requested by us to limit, stop, or otherwise remedy any actual or suspected Security Breach.

They agree to be fully responsible for any authorized or unauthorized collection, storage, disclosure and use of, and access to, by any third party, any End User Data.

Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.

Online Tracking and Do Not Track Signals. We and our third party service providers may use cookies or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.

Children

Our Services are not directed to children under the age of 13. MU does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to MU through the Services, please contact us and we will endeavor to delete that information from our databases.

Privacy And Data Protection Rights

EEA or UK

Under applicable law, and subject to limitations and exceptions provided by law, if you are located in the EEA or UK, and in certain other jurisdictions, End Users may have certain rights in relation to the End User Information collected and how it is used, including the right to:

Access End User Information collected;
Request that we rectify or update End User Information that is inaccurate or incomplete;
Request, under certain circumstances, that we restrict the processing of or erase End User Information;
Object to our processing of End User Information under certain conditions provided by law;
Where processing of End User Information is based on consent, withdraw that consent;
Request that we provide End User Information collected in a structured, commonly used, and machine-readable format so that it can be transferred to another company, where technically feasible; and
File a complaint regarding our data protection practices with a supervisory authority. If you are in the EEA please refer to the European Data Protection Board website for contact details. If you are in the UK please refer to the Information Commissioner’s Office website for contact details.

California

Under the California Consumer Privacy Act (“CCPA”), and subject to certain limitations and exceptions, if End Users are California residents, they may have the following rights with respect to End User Information collected that constitutes personal information under the CCPA:

To request access to more details about the categories and specific pieces of personal information we may have collected in the last 12 months (including personal information disclosed for business purposes);
To request, under certain circumstances, deletion of personal information;
To opt-out of any “sales” of personal information if a business is selling information; and
To not be discriminated against for exercising these rights.

To exercise your access or deletion rights, End Users can contact us as described in the Contact Us section to exercise any applicable data protection rights. They may be required to provide additional information necessary to confirm identity before we can respond to the request.

If we receive a request from an authorized agent, we may ask for evidence of power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights.

We will consider all such requests and provide our response within a reasonable period of time (and within any time period required by applicable law). Please note, however, that certain information may be exempt from such requests, for example, if we need to keep the information to comply with our own legal obligations or to establish, exercise, or defend legal claims.

Vermont

Vermont: If the End User provides a Vermont mailing address to MU as the primary address, we will not share personal information we collect with non-affiliates unless the law allows or authorization is provided.

Online Tracking and Do Not Track Signals

We and our third party service providers may use cookies or other tracking technologies to collect information about browsing activities over time and across different websites following use of the Services. Our Services currently do not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.

Why Can’t All Sharing Be Limited?

We may also collect personal information from other companies.

Federal law gives the right to limit only

sharing for affiliates' everyday business purposes—information about creditworthiness;
affiliates from using information to market;
sharing for nonaffiliates to market;

State laws and individual companies may give additional rights to limit sharing.

Update Your Information

Please contact us if you need to change or correct your End User Personal Data.

Privacy Controls (Opt-Out)

MU developed the Myuser Dashboard to provide a convenient, centralized way to view and manage connections made using MU.

The Myuser Dashboard, when available in MU’s sole discretion, provides controls to terminate the connection between applications and financial accounts and delete certain data stored in MU’s systems.

Depending on the users’ location, certain rights may exist in relation to Information collected and how it is used.

Cookies. Users have the right to choose whether or not to accept cookies. However, since cookies can be an important part of how our Service work, removing or rejecting cookies, could affect the availability and functionality of our Service.

Below are some options to control or limit how cookies are used on our Service:

You can usually manage settings to remove or reject browser cookies manually within your browser’s configuration settings. To manage these settings, please follow the instructions given by your browser; and
To prevent your data from being used by Google Analytics, you can install Google’s opt-out browser add-on.

Changes to the Privacy Policy

The Services and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. We may e-mail periodic reminders of our notices and conditions, but you should check our Site frequently to see recent changes.

It is your obligation to regularly check the Privacy Policy. By continuing to use our Services or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

If you have any questions or complaints about this Policy, or about our privacy practices generally, you can contact us at [email protected].

End User - Terms and Conditions

Overview

This Terms of Service Agreement governs access to or use by developers of any services provided by Myuser, LLC (“MU,” “We,” “Us,” “Our”).
Our End User Privacy Policy explains how we collect, use, and share consumer information to operate, improve, develop, and protect our services.
This Agreement is effective upon the date you first access or use the Services (“Effective Date”) and continues until you or MU terminates it (this period, the “Term”). Capitalized terms used in this Agreement that are not defined inline are defined in the Definitions.
A “Developer” for purposes of this agreement is defined as any third party provider of the web, desktop, and/or mobile application used or intended to be used by End Users (as defined below) as made available by or on behalf of the third party provider and which allows the End User to access and use its own financial data in a consolidated way and/or to initiate payment transactions via that application. A Developer may be a Merchant, a “User,” or an “End User,” depending on the circumstances.
An “End User” (“Customer”) is defined as any person or entity who uses MU’s Services directly or through a third-party application, product, or service to use its own financial data in a consolidated way and/or to initiate payment transactions from their own financial accounts.
Our End User Privacy Policy explains how we collect, use, and share End User or customer information to operate, improve, develop, and protect our services.
Our Cookie Policy explains how we use cookies, which are small data files stored on your browser or device, as well as your choices related to those cookies.
Modifications to Services: MU reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MU will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Terms; Order of Precedence. These Terms and Conditions contain specific terms governing the parties’ rights and obligations related to the Services described in the Terms and Conditions. If there are no Specific Services Terms for a particular MU service, then only these General Terms govern. By accessing or using a Specific Service, you agree to comply with the applicable Specific Services Terms. If any term in these General Terms conflicts with a term in any Specific Services Terms or set of terms incorporated by reference into this Agreement, then unless terms of lower precedence expressly state to the contrary, the order of precedence is: (a) the Specific Services Terms; (b) these General Terms; and (c) all terms incorporated by reference into this Agreement. Your access to or use of the Services may also be subject to additional terms to which you agree through the MU Dashboard.

Introduction

Myuser, LLC provides services (“Services”) that allow you to connect your bank accounts and other financial accounts (collectively, “Financial Accounts”) to third-party software applications (“Apps”).

This End User Terms of Service (“Terms of Service”) is an agreement between you and MU. By accepting this Terms of Service, you agree to this Terms of Service and certify that you have all necessary rights to do so. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to this Terms of Service; (ii) you have read and understand this Terms of Service; and (iii) you agree to this Terms of Service on behalf of the party that you represent. If you do not have the legal authority to bind your employer or the applicable entity, please do not accept this Terms of Service or access the features covered by this Terms of Service. If you are under 13 years of age, you are not authorized to use the Services, and if you are under 18 years old, you may use the Services, only with the approval of your parent or guardian. The account must be in the name of and subject to the control of your parent or guardian.

Please note that this Terms of Service does not apply to the services we provide to the developers of Apps. Those services are covered by our Developer Terms of Use and other terms.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than three (3) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services including, without limitation, End User Privacy Policy and Cookie Policy (collectively, the “Privacy Policies”). All such terms are hereby incorporated by reference into this Terms of Service.

Background

Mission - A Quick Note About MU

Our mission at MU is to unlock financial freedom for everyone. Our technology provides an easy way for you to connect your bank account, investment account, payroll account, or other types of financial accounts to software applications that can help you do things like save for retirement, manage your spending, streamline credit applications, or transfer money. ^[n]These software applications are built and provided by our business customers (we’ll call them “developers” here) and powered by MU. By delivering access to high-quality, usable financial account data that we’ve translated and standardized, we enable developers to focus on building experiences that benefit you.

Goal - About This Policy

Our goal with this Policy is to provide a simple and straightforward explanation of what information MU collects from and about end users of developer applications (“End User Information”), and how we use and share that information. We value transparency and want to provide you with a clear and concise description of how we treat your End User Information.

Please note that this Policy only covers End User Information that MU collects, uses, and shares. It does not explain what developers do with any End User Information we provide to them (or any other information they may collect about you separately from MU). This Policy also does not cover any websites, products, or services provided by others. You acknowledge that the products and services provided to you through a third-party application are governed by a separate agreement between you and the provider of that application. We encourage you to review the privacy policies or notices of developers or those third parties for information about their practices.

By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use, Privacy Policies, and any additional terms.

If you do not agree to the Terms of Use and the Legal Documents, you must not use or access our Services. You may withdraw or vary your consent for us to provide our Services to you at any time.

References in these Terms of Use to “you” or “End User” (or similar) are references to you as an individual or legal entity as the case may be.

You acknowledge and understand that MU’s Services are not provided by, in partnership or under contract with the banks and/or financial institutions to which we may connect you for the purposes of providing the Services.

About Our Services

We offer two financial APIs, a Data API and Payment API (both defined below), that let apps and others:

access its user’s transactional information, account balances and other financial information; and
initiate payments by automating bank transfers, Zelle, ACH push, Wire, Fednow, and others that we may develop. We initiate payment by securely communicating with the relevant service provider providing such services and instructing such service provider to make payment from the End User’s selected account (the “Payment API”).

With respect to the Payment API, we will initiate payment wherever the End User has provided consent through the third-party application unless:

incomplete or incorrect information has been given;
applicable laws and regulations do not permit and/or inhibit such action from being taken;
in our reasonable opinion, the payment may be fraudulent or otherwise unlawful; or
we reasonably believe that the End User is not the named account holder.

Our financial APIs have the following use cases, which include (without limitation):

categorization of transactional data from multiple bank sources;
lenders may make instant, informed decisions by accessing streamlined data;
verification of account ownership;
facilitation of consumer payments;
categorization of bank data in order to build accounting tools; and
initiation of various bank transfers.

We will not charge you for the use of our Services. However, third-party applications may charge you for products and services provided to you that make use of our Services.

Subcontracting. MU may subcontract its obligations under this Agreement to third parties.

Account Information Services

You can use our Services to transmit information relating to payment accounts (“Account Information”) that you hold with an account servicing payment service provider (“ASPSP^[o]”) (i.e., any payment service provider such as a bank or credit card issuer that maintains a payment account on your behalf) to other service providers (the “Provider”), according to these Terms of Use.

Before receiving our Services, you will have instructed a third-party application through which you have accessed our Services to retrieve your Account Information. Following such instruction, you will generally be redirected to us.

Once you are redirected to us, we will ask you to select which ASPSP you would like us to access Account Information from. You may be asked to authenticate yourself so that your ASPSP knows that you consent to us accessing your Account Information, and you may be redirected to authenticate yourself through your ASPSP’s website, mobile application, or other means of authentication.

In some circumstances, to use our Services, you will need to provide the same identifying information that you use to access the relevant payment accounts when you log in yourself (the “Credentials”).

Our Services will allow you to use your Credentials to retrieve such Account Information as you choose to transmit to the Provider.

Our Services may merge or aggregate Account Information retrieved from a particular ASPSP with Account Information retrieved from another ASPSP where you have instructed or allowed us to access and transmit such information.

Payment Initiation Services

You can use our Services to make online payments from an account you hold with an ASPSP.

Before receiving our Services, you will have instructed a third-party application through which you have accessed our Services to make an online payment. Following such instruction, you will generally be redirected to us.

Once you are redirected to us, you will be asked to review and confirm your payment and transaction details are correct.

Once you have confirmed those details, and provided your explicit consent for us to:

send the payment order to your ASPSP for execution; and
share any Account Information we receive from your ASPSP with the third-party application through which you accessed our Services,

You will have to select the account you will use to initiate the payment from. You may be redirected to your ASPSP’s website, mobile application, or other means of authentication in order to authenticate yourself so that your ASPSP knows that you consent to such transaction.

Beta Services

Feedback. Unless MU otherwise agrees in writing, your use of Beta Services is confidential, and you must provide timely Feedback on the Beta Services in response to MU requests.

Availability During Beta Period. MU may suspend or terminate, in its sole discretion, your access to any Beta Services at any time.

Third-Party Services

Conditions of Use

Authorization^[p]^[q] for Handling of Funds^[r]

Authorization, Scope and Conditions

Consent Procedures

Handling of Settlement Funds

Depending on the Service, settlement funds may be held in a deposit account at MU’s partnered bank pending disbursement of the funds to you in accordance with the terms of this contract. You acknowledge that you are not entitled to any interest or other compensation associated with the settlement funds held by MU’s partnered bank pending settlement to your designated bank settlement account, that you have no right to direct that deposit account, and that you may not assign any interest in the deposit account at MU’s partnered bank.

We may periodically make available to you information in the MU dashboard regarding anticipated settlement amounts that we have received on your behalf from the Card Networks and are being held by us pending settlement. This settlement information does not constitute a deposit or other obligation of MU or the Settlement Bank of Our Choice to you. This settlement information reflected in the MU dashboard is for reporting and informational purposes only, and you are not entitled to, and have no ownership or other rights in settlement funds, until such funds are credited to your designated bank settlement account. Your authorizations set forth herein will remain in full force and effect until your MU account is closed or terminated.

Limitations of Liability

Bank Account Debit Authorizations

Fund Transfer Authorization. By using MU services, you agree to MU and its affiliates’ right to debit your User Bank Account and you authorize MU and its affiliates to debit your Bank Account or otherwise initiate fund transfers through any means from your Bank Account. Your authorization to MU and its affiliates extends to any bank account that you link to MU services. Your authorization is in complete compliance with any applicable bank debit rules, including the debit scheme authorization and mandate language included below. Your authorization to debit any of your Bank Accounts includes the specific mandate or authorization language for the specific debit scheme that covers your bank account (e.g. for US bank accounts the ACH/Nacha language will apply and for GB bank accounts the Bacs language will apply). The debit scheme language for each bank scheme is incorporated into your authorization to MU and MU’s affiliates to debit any of your Bank Accounts with the same force and effect as if you had signed a paper and obtained a hard copy containing the same terms.

US Bank Accounts (ACH/Nacha)

ACH Nacha Authorization. I authorize MU and MU’s Affiliates to debit or credit, at any time, any of the US Bank Accounts for any amount owed to any party who I, the End User, has authorized a fund transfer, until this authorization is revoked in writing. I waive any prior notice requirements for MU and/or MU Affiliates to provide me or my company with notice of a debit for amounts owed. I confirm that I am the only person required to authorize debits from the User Bank Accounts. I understand that MU and MU Affiliates will only debit the User Bank Account in accordance with the MU Services Agreement or as otherwise agreed between MU or MU’s Affiliates and me. I may amend or cancel this authorization at any time by providing MU with 30 days written notice.

Redirection to Online Banking Pages

Some Payment Methods may require the re-direction of the End User to an online banking page (“Online Banking Payment Methods”).^[s] I hereby authorize MU to redirect me to any online banking page that is supported by MU’s services and to initiate transactions on my behalf as my agent to any transferee that I authorize. I also grant MU or its affiliate access to collect, utilize, store, and act as my agent with regard to my online banking information and data.

Bank Accounts; Funds

Bank Accounts

You must designate at least one Bank Account in connection with the Services. MU may debit and credit a Bank Account as described in this Agreement.

End User Bank Accounts

Constructive Trust. Any End User funds received by a Developer, are held in constructive trust on behalf of the End User until the End User receives the benefit of their bargained for exchange in connection with their purchase. MU disclaims all liability for fraudulent, mistaken, wrongful, or otherwise unauthorized transfer of funds. The Developer assumes responsibility and liability for any fraudulent, mistaken, wrongful, or otherwise unauthorized transfer of funds.

Investment of Funds

Regulated Money Transmission; MU Status

Dormant Accounts

Pricing and Fees

MU does not charge End User fees for transaction. MU reserves, in its sole discretion, the right to change fees. MU will notify you of fee changes through posting on Myuser.com or through email.

Your Obligations – Control, Responsibilities, and Conduct

You represent and warrant that you have all necessary rights to use your Accounts and Apps with the Platform, and you agree to comply with all laws, rules, and regulations applicable to your use, as well as any other rules and guidelines that we post.

User Conduct: The following are examples of the kind of information, data or other materials (“Content”) and/or use that is illegal or prohibited by MU. MU reserves the right to investigate and take appropriate legal action against anyone who, in MU’s sole discretion, violates this provision, including without limitation, suspending, or terminating the account or Services of such violators and reporting you to the law enforcement authorities.

You must not:

use or access anyone else’s Financial Accounts, Accounts, or related data;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
use the Platform for any fraudulent, illegal or misleading purpose;
submit information about anyone else’s identity or Financial Accounts or that violates any third-party rights;
upload any content that

infringes any intellectual property or other proprietary rights of any party;
you do not have a right to upload under any law or under contractual or fiduciary relationships;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
poses or creates a privacy or security risk to any person;

violate any applicable local, state, national or international law, or any rules or regulations having the force of law;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
use the Platform in any manner that could damage, disable, overburden, or impair the functioning of the Platform or interfere with, disrupt or negatively affect other users;
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
modify, reverse engineer or seek to gain unauthorized access to the Platform or related systems, data or source code;
copy, modify or create derivative works of the Platform or remove any of MU’s proprietary notices;
bypass or circumvent measures designed to prevent or limit access to any part of the Platform;
rent, lease, provide access to or sublicense any elements of the Platform to a third party or use the Platform on behalf of or to provide services to third parties;
access the Platform for competitive purposes or publish any benchmark or performance information about the Platform.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct.

Commercial Use: Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

Information.

User Information

Upon MU’s request, you must provide User Information to MU in a form satisfactory to MU.

You must immediately notify MU, and provide to MU updated User Information, if:

you experience or anticipate experiencing a Change of Control;

you experience or anticipate experiencing a material change in your business or financial condition, including if you experience or are likely to experience an Insolvency Proceeding;
the regulatory status of the business for which you are using the Services changes, including if it becomes subject, or no longer subject, to regulatory oversight; or
a Governmental Authority has notified you that you or your business is the subject of investigative action.

Information Retrieved by MU

Profile Creation

Access to Myuser May Require a Profile

You may, if the function is available, use Myuser.com to manage connections between your Accounts and Apps. Myuser.com is designed to empower you with greater control over your financial data, but the decision to use any App remains yours. Your use of any App and Account, and the App and Account providers’ use of your data, is governed by separate terms between you and the applicable providers. MU is not responsible for any Apps or Accounts provided by third parties or the acts or omissions of any third-party providers and does not guarantee that any Apps or Accounts will remain available or compatible with the Platform.

You may need to create a profile with Myuser in order to use certain features of the Platform, including certain features of Myuser.com. You also have an ongoing obligation to ensure that your information is accurate, complete, and up-to-date. You must notify us if you learn of any unauthorized access to or use of your Myuser Profile.

Eligibility^[t] and Registration Requirements

You are eligible to register as a user of our Services if you meet the following eligibility criteria:

for individuals:

you are above the legal age for purchasing products and services in your governing jurisdiction.

for business entities:

you are a legal entity duly registered in your jurisdiction;
you have a current trade license;
you provide proof of authorization for the individual who will be registering and using the Services; and
you provide identification for the authorized person.

Please note, we reserve the right to grant, in our sole discretion, exceptions to the above listed requirements to use our platform. We also reserve the right to refuse, in our sole discretion, service to anyone for any reason.

In order to register for the Services, you will need to provide us with certain information. Your registration for the Services may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We also reserve the right to undertake such checks as are necessary to verify your identity, as appropriate.

Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination, at MU’s sole discretion, but in accordance with these Terms of Use or any other applicable governing agreement.^[u]

Suspension & Termination of your Membership

You agree that without prejudice to any of our rights and remedies and without any liability to you, we may, in our sole discretion and with or without notice, terminate, limit, suspend or withdraw your access to the Services (effective immediately) and/or remove hosted content submitted by you if:

we consider that you have breached, violated, or acted inconsistently with the letter or spirit of these Terms of Use in any manner whatsoever;
we are required to do so by law (including if we receive a written request by a regulator to cease provision of the Services to you);
we suspect fraudulent, abusive, or illegal activity (all of which we may refer to appropriate law enforcement authorities);
there are objectively justified and duly evidenced reasons; or
for any reason or no reason we determine your account should be terminate or suspended

Upon expiration or termination, as the case may be, of these Terms of Use, you shall:

comply with all your obligations under the terms of this agreement; and

promptly deliver to us, upon our request, all Confidential Information together with any other data, books, papers, materials, and other related property relating to us or relating to these Terms of Use that are in your possession or under your control. No copies of the foregoing items may be retained by you for record purposes, except as required by applicable law.

MU will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies MU may have. Except for your right to use the Platform, this Agreement will survive any termination.

Reporting Violations of These Terms of Use

We are committed to ensuring that listed items and content on our Site comply with these Terms of Use. If you believe that a listed item or content breaches these Terms of Use, please notify us of the details and we will investigate.

Telecommunications Provider Terms

any applicable charges, updates and/or additional fees imposed by your telecommunications provider; and

using the Services in compliance with the terms of your agreement with your telecommunications provider.

You also acknowledge that we make no warranties or representations of any kind, express, statutory, or implied, as to:

whether the telecommunications services from your provider will be available and accessible at any time or from any location; and

the failure of the telecommunications services to transmit any data, communications, or settings in connection with the Services.

Short Message Service (SMS) Terms

MU is a financial technology company that securely transfers your financial data from your bank to approved third parties. MU may send you SMS messages in order to provide a service to you and/or to confirm your identity by way of two-factor authentication. By agreeing to these Short Message Service Terms (“SMS Terms”), you consent to receive automated SMS messages from MU, and any of its SMS-related service providers (“service providers”), including through the use of an automatic telephone dialing system, at the telephone number you have provided. Message and data rates may apply. As a general matter, you will receive one message, per request. Carriers are not liable for delayed or undelivered messages.

By agreeing to these SMS Terms, you also authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device details, if available, to MU and service providers for the duration of the business relationship, solely for identity verification and fraud avoidance. See our Privacy Policy for how we treat your data.

If you do not wish to receive SMS messages from MU or its service providers, or if you no longer want your wireless operator to share information about you with MU or its service providers, you agree to reply STOP to any SMS message from MU or sent on behalf of MU in order to opt out of the SMS message notifications. You may receive an additional SMS message confirming your decision to opt out. After opting out of SMS messages, you will no longer receive messages from MU or its service providers. If you wish to receive SMS messages again, you can sign up, similarly to the initial process you did to request the SMS messages.

If you are experiencing issues with the SMS messages from MU or its service providers, you can contact us at Myuser.com.

Intellectual Property Rights

Services Content, Software, and Trademarks

You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MU, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by MU from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection there with are the property of MU, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MU.

The MU name and logos are trademarks and service marks of MU (collectively the “MU Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MU. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MU Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of MU Trademarks will inure to our exclusive benefit.

Except for the rights expressly granted under these Terms of Use, all content included as part of the Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all rights, title and interest in and to the Services, including, without limitation, all intellectual property rights therein.

Subject to this Agreement, we hereby grant you a personal, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable license to install and use our Services on any device (which shall include future updates made available to you from time to time provided you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to your compliance with these Terms of Use.

You agree that access to the Service is personal to you, and no third party has any right to use it. We have the right to disable your access to our Services if in our sole opinion you have failed to comply with any of the provisions of these Terms of Use or Legal Documents.

disseminate, market, license, sublicense, sell, resell, lease, transfer, assign, distribute, time share, let, rent, or sub-authorize any element of the Services;
modify, translate, reverse engineer, decrypt, decompile, decode, disassemble, or create derivative works based on our APIs;
breach, override or otherwise circumvent any authentication or security mechanisms or other use restrictions that are built into the Services;
remove or delete any notices, ownership labels, classified legends or marks from the Services;
engage in any action with the Services that destroys or accesses in an unlawful manner the server networks, connections, systems, records, or other assets, tools or services of MU or any related third party;
transmit any worms, viruses, Trojan horses, or any other malware, disruptive or harmful software or data through your access to and use of the Services;
use the Services or any part thereof for any unlawful or fraudulent purpose or otherwise in any way not permitted by these Terms of Use;
obtain or try to obtain or register for itself anywhere in the world any of our Intellectual Property Rights; or
mislead, confuse, or cause misapprehension or confusion among other End Users as to the features, functionality, origin, or other aspects of our APIs, the Services, or our Intellectual Property Rights.

You agree that you have no right to use any trademark we hold, or may hold in the future, without our prior written consent.

All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.

In the event that any of our Intellectual Property Rights vest in you, you hereby assign (or shall use reasonable endeavors to assign or procure the assignment) to us all right, title, and interest in and to such Intellectual Property Rights.

Trademark Notice and Disclaimer

Access^[v] to Financial Accounts and Financial Data^[w]

By selecting a Financial Account to link to an App, you expressly authorize MU to access and use the login credentials, account information, and financial data associated with that Financial Account (collectively “Financial Data”) on your behalf as your agent.

MU may use and store your Financial Data in accordance with these Terms of Service and our End User Privacy Policy. You hereby authorize and permit MU to use and store your Financial Data to accomplish the foregoing and to configure the Services to be compatible with the Financial Accounts for which you submit your Financial Data.

For purposes of these Terms of Service and solely to access and use the Financial Data to deliver the Services, you grant MU a limited power of attorney, and appoint MU as your attorney-in-fact and agent, to access the third party sites that maintain your Financial Accounts, retrieve and use your Financial Data with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person, including without limitation creating log-in credentials for your Financial Account, logging in to your Financial Account, and accepting on your behalf any terms of service or other agreements necessary to access your Financial Account and retrieve your Financial Data.

YOU ACKNOWLEDGE AND AGREE THAT WHEN MU IS ACCESSING YOUR FINANCIAL ACCOUNT AND RETRIEVING YOUR FINANCIAL DATA FROM THIRD PARTIES, MU IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS YOUR FINANCIAL ACCOUNT. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services.

MU is not responsible and shall not be liable for (1) errors or inaccuracies in your Financial Data or (2) any inability to access your Financial Account.

Third Party Material

Under no circumstances will MU be liable in any way for any content (including Financial Data) or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Without limiting the foregoing, MU and its designees will have the right to remove any content that violates these Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Services

With respect to the content or other materials you upload or submit through the Services, including your Financial Data (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content.

By uploading any User Content you hereby grant and will grant MU and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, disclose, store, and otherwise use your User Content in connection with the operation of the Services in any form, medium or technology now known or later developed. All rights, title and interest in and to any performance data or feedback that you provide in connection with your use of the Services, including all intellectual property rights therein, will become our property

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), provided by you to MU are non-confidential and MU will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that MU may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

comply with legal process, applicable laws or government requests;
enforce these Terms of Service;
respond to claims that any content violates the rights of third parties; or
protect the rights, property, or personal safety of MU, its users and the public.

You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

For the avoidance of doubt, nothing in these Terms of Use shall operate to transfer ownership of any Intellectual Property Rights that belonged to you prior to when you start using our Services or are created by you separately from your use of our Services.

Rights to the Platform

Note that MU owns all right, title, and interest (including intellectual property rights) in and to Myuser.com and our related websites and technology. If you choose to give us feedback, suggestions, or other inputs about the Platform, we may use them without restriction.

Confidential Agreement

For the purposes of these Terms of Use, “Confidential Information” means our (or a Service user’s) non-public, confidential, secret or proprietary material and information that has been or may be, directly or indirectly, disclosed to you or which you come into the possession or knowledge of, whether in verbal, written, graphic, electronic or other form, in connection with or as a result of entering into these Terms of Use and using our Services.

You will maintain the confidentiality of all Confidential Information we may provide you or which you receive as a result of your use of the Services and will not release, disclose, use, make available or copy any such Confidential Information without our prior written consent. You may disclose Confidential Information to employees, agents, or subcontractors on a need-to-know basis only. You will take reasonable precautions to protect the confidentiality of such Confidential Information. Excluded from this obligation of confidentiality is Confidential Information which:

is known or becomes known to you directly or indirectly from a third party source not having an obligation of confidentiality to us;

becomes publicly known or otherwise ceases to be secret, proprietary or confidential, except through your breach of these Terms of Use;
is independently developed by you; or
is required to be disclosed by a government authority or by law, provided that you give us reasonable prior written notice sufficient to permit us to contest such disclosure.

The obligations with respect to Confidential Information shall survive the termination of these Terms of Use.

Third Party Websites

The Services may provide, or third parties may provide, links or other access to other sites, data, information, and resources on the Internet. MU has no control over such sites, data, information, and resources, and MU is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MU will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such site or resources, including any App or Financial Account.

Your use of any App and Financial Account, and the App and Financial Account providers’ use of your data, is governed by separate terms between you and the applicable providers. MU is not responsible for any Apps or Financial Accounts provided by third parties or the acts or omissions of any third-party providers, and does not guarantee that any Apps or Financial Accounts will remain available or compatible with the Services.

Representations, Warranties, and Undertakings

Your Representations, Warranties, and Undertakings

You warrant, represent, and undertake that:

you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws legislation and content regulation;

you have full power and authority to enter into these Terms of Use and the execution and performance of your obligations under these Terms of Use does not conflict with:

any laws, rules, regulations, or governmental guidelines to which you are subject to; or
any other agreements to which you are a party to or to which you are otherwise bound by;

if you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Use. Such account is deemed to be owned and controlled by the business entity;
any information that you provide us is accurate, up-to-date and complete and you are authorized to provide us with any financial information (e.g., card details, account information, etc.);
you own or have the authority to grant to us the rights and licenses hereby granted to us by you under these Terms of Use; and
any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).

MU’s and Affiliates’ Representations, Warranties, and Undertakings

Disclaimer Of Warranties

Liability & Indemnities

Limitation of Liability

THE USE OR THE INABILITY TO USE THE SERVICES;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
UNAUTHORIZED ACCESS TO, LOSS OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
GUIDANCE PROVIDED BY US;
DELAYS OR DISRUPTIONS IN OUR SERVICES;
VIRUSES OR OTHER MALICIOUS SOFTWARE, INCLUDING, WITHOUT LIMITATION, TROJANS, WORMS, LOGIC BOMBS, OBTAINED BY ACCESSING OR LINKING TO OUR SERVICES;
DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF PRODUCTS SOLD OR MADE AVAILABLE ON THE SERVICE OR OUR SERVICE THE CONTENT ACTIONS OR INACTIONS OF THIRD PARTIES USING OUR SERVICES;
A SUSPENSION OR OTHER ACTION TAKEN BY US WITH RESPECT TO YOUR USE OF THE SERVICES;
YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR OR YOUR LOSS OF OR INABILITY TO DO BUSINESS AS A RESULT OF CHANGES TO THESE TERMS OF USE; OR
OR ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT WILL MU’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID IN THE LAST SIX (6) MONTHS TO MU TO USE THE PLATFORM, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Indemnity and Release

You agree to release, indemnify, and hold MU, its subsidiaries, its affiliates and its and their suppliers and its, their, and our board of directors, officers, agents, employees, subcontractors, or licensors (collectively, “Indemnitees”) harmless from any and all claims, demands, losses, damages, expenses, including attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service, your violation of any rights of another, your violation of any provisions of these Terms of Use, including without limitation, any of the representations, warranties or undertakings, your violation of any applicable laws, including without limitation, data protections or anti-spam laws, the manner in which you use our Services, including, without limitation, that your trademarks infringe the Intellectual Property Rights of any third party or that your use of the Service violates any other rights (including privacy rights) or any third party (including other End Users). Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Parties’ Dispute Resolution by Binding Arbitration

Agreement to Arbitrate

The arbitrator will apply the substantive law of the State of California and of the United States, excluding their conflict or choice of law rules.

Nothing in this Agreement will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Prohibition of Class and Representative Actions and Non-Individualized Relief

Pre-Arbitration Dispute Resolution

We hope you will have a positive experience using our Platform, but should a dispute between us arise out of or relating to these Terms, we agree to resolve the dispute by following these steps:

Send us a notice to the Notice Address, describing the dispute and including all relevant facts so we know how to help you.
Within 5 business days after our receipt of your notice, we will reach out to discuss your dispute with you.
If we’re not able to resolve your dispute during our discussion, you will send us a written proposal for resolving your dispute.
Within 15 business days after our receipt of your written proposal, we will let you know whether we agree to your proposal, or we will provide you with a counter-proposal.

After Step 4, it’s up to you to decide whether you’d like to continue to negotiate with us to resolve your dispute, or whether you’d like to pursue a resolution through some other means.

Arbitration Procedures

Costs of Arbitration

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Conflict of Rules

In the case of a conflict between the provisions of this Section and the AAA Rules, the provisions of this Section will prevail.

No Jury Trial

Severability of Arbitration Provisions

Future Changes to Arbitration Agreement

User Disputes

You agree that you are solely responsible for your interactions with any other End User or Developer in connection with the Services and MU will have no liability or responsibility with respect thereto. MU reserves the right, but has no obligation, to become involved in any way with disputes, of any kind, including but not limited to monetary disputes, between you and any other user of the Services.

Miscellaneous

Governing Law: These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of California.
Amendment: These Terms of Use cannot be modified, varied, amended, or supplemented in any way by you. We reserve the right to modify, vary, amend, or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.
Assignment: These Terms of Use will be binding upon and endure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent. Any action or conduct in violation of the foregoing will be void and without effect. We may assign or transfer these Developer Terms, in whole or in part, without restriction. We expressly reserve the right to assign these Developer Terms and to delegate any of its obligations hereunder.
Audit: We shall have the right to audit your compliance with these Terms of Use on giving seven (7) days’ written notice to you, unless such audit is required:

for reasons of actual or suspected fraud, criminal activity or failure to comply with applicable law;
by a regulator; or
for reasons of actual or suspected non-compliance by you with your security obligations under these Terms of Use, in which case such audits may be at any time and without restriction.

Collection Costs: You are liable for all costs MU incurs during collection of any amounts you owe under this Agreement, in addition to the amounts you owe. Collection costs may include attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, applicable interest, and any other related cost.
Communications: These Terms of Use are issued and concluded in English. Communications between us will be in English and will be conducted by letter, phone or email using the most recent details that you have provided to us. You may contact us at Email: [email protected].
Cumulative Rights; Injunctions: The rights and remedies of the parties under this Agreement are cumulative, and each party may exercise any of its rights and enforce any of its remedies under this Agreement, along with all other rights and remedies available to it at law, in equity or under the Financial Services Terms. Any material breach by a party of Section 7 or Section 8 of these General Terms could cause the non-breaching party irreparable harm for which the non-breaching party has no adequate remedies at law. Accordingly, the non-breaching party is entitled to seek specific performance or injunctive relief for the breach.
Electronic Communications: By accepting this Agreement or using any Service, you consent to electronic communications as described in the E-SIGN Disclosure, which is incorporated into this Agreement by this reference.
Entire Agreement: These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations, and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings, or agreements between the parties whether direct, indirect, collateral, express or implied.
Export Control: You must not use or otherwise export, re-export or transfer the MU Technology except as authorized by United States law and the laws of the jurisdiction(s) in which the MU Technology was distributed and obtained, including by providing access to MU Technology (a) to any individual or entity ordinarily resident in a High-Risk Jurisdiction; or (b) to any High-Risk Person. By using the MU Technology, you represent as of the Effective Date and warrant during the Term that you are not (x) located in or organized under the laws of any High-Risk Jurisdiction; (y) a High-Risk Person; or (z) owned 50% or more, or controlled, by individuals and entities (i) located in or, as applicable, organized under the laws of any High-Risk Jurisdiction; or (ii) any of whom or which is a High-Risk Person. You must not use the MU Technology for any purposes prohibited by Law, including the development, design, manufacture, or production of missiles, nuclear, chemical or biological weapons.
Force Majeure: Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including without limitation acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labor disruptions, blackouts, embargoes, epidemics, pandemics).
Further Assurances: The parties will do and execute or arrange for the doing and executing of each necessary act, document, and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable law.
Governing Law: These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of California.
Information: Our two financial APIs let fintech apps process the following types of information:

personal information:

name, date of birth, full address(es), email address, phone number, gender;

payment account information:

account type (e.g. current, saving, investment, credit card);
account name;
IBAN, account number, sort code, SWIFT;
currency;
account balance information;
current balance;
available balance (credit cards);
overdraft balance;
interest rate;
payment due date (credit cards);
next closing date (credit cards);
minimum payment due (credit cards);
information on transactions;
time;
description;
amount; and
metadata (arbitrary data that banks associate with a transaction e.g. category).

Interpretation:

(a) No provision of this Agreement will be construed against any party on the basis of that party being the drafter.
(b) References to “includes” or “including” not followed by “only” or a similar word mean “includes, without limitation” and “including, without limitation,” respectively.
(c) Except where expressly stated otherwise in a writing executed between you and MU, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services.
(d) All references in this Agreement to any terms, documents, Law, or Financial Services Terms are to those items as they may be amended, supplemented or replaced from time to time. All references to APIs and URLs are references to those APIs and URLs as they may be updated or replaced.
(f) Unless expressly stated otherwise, any consent or approval that may be given by a party (i) is only effective if given in writing and in advance; and (ii) may be given or withheld in the party’s sole and absolute discretion.
(g) References to “business days” means weekdays on which banks are generally open for business. Unless specified as business days, all references in this Agreement to days, months or years mean calendar days, calendar months or calendar years.
(h) Unless expressly stated to the contrary, when a party makes a decision or determination under this Agreement, that party has the right to use its sole discretion in making that decision or determination.
(i) The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

Modification: MU may modify all or any part of this Agreement at any time by posting a revised version of the modified General Terms (including the introduction to this Agreement and the Definitions), Services Terms or terms incorporated by reference on the MU Legal Page or by notifying you. The modified Agreement is effective upon posting or, if MU notifies you, as stated in the notice. By continuing to use Services after the effective date of any modification to this Agreement, you agree to be bound by the modified Agreement. It is your responsibility to check the MU Legal Page regularly for modifications to this Agreement. MU last modified these General Terms on the date listed under the “General Terms” heading, and each set of Services Terms on the date listed under the heading for those terms. Except as this Agreement (including in this Section 14) otherwise allows, this Agreement may not be modified except in a writing signed by the parties.
No Agency: Each party to this Agreement, and each Financial Business Entity, is an independent contractor. Nothing in this Agreement serves to establish a partnership, joint venture, or general agency relationship between MU and you, or with any Financial Business Entity. If this Agreement expressly establishes an agency relationship between you as principal and MU or its Affiliate as agent, the agency conferred, including your rights as principal and MU’s or its Affiliate’s obligations as agent, is limited strictly to the stated appointment and purpose and implies no duty to you, or MU or its Affiliate, and will in no event establish an agency relationship for tax purposes.
No Waiver: The failure of us to act with respect to a breach of these Developer Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
Professional Advice: Any information or data contained in or made available through the Services is provided for informational purposes only. Such information or data is not a substitute for the services of qualified professionals. We do not give professional advice and are not in the business of providing legal, financial, accounting, taxation or other professional services or advice. You should take independent financial or other advice from a qualified professional regarding any information or data contained in or made available through the Services.
Relationship of the Parties: Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.
Severability: If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
Survival: This agreement shall survive the termination or expiration of these Terms of Use together with any other provisions which by their nature or are expressed to survive the expiration or termination or are intended or required to give effect to the expiration or termination of these Terms of Use.
Third Party Rights A person who is not a party to these Terms of Use has no right to enforce any of its term
Trade Restrictions: You represent and warrant that 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 that you are not listed on any U.S. government list of prohibited or restricted parties.

Your Privacy

At Myuser, we respect the privacy of our users. For details please see our Privacy Policies. By using the Services, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions?

Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.

How Myuser Uses Your Data

Please review our Privacy Policy to learn how MU uses data related to your Accounts. You should also refer to our Privacy Policy and Cookie Policy for information about what we collect from the use of our websites. If you have questions, contact us at [email protected]

Notices

MU may provide notices or communications to you through the email associated with your MU profile, through Myuser.com or through other reasonable methods. All notices, requests, and other communications to MU under this Agreement must be in writing to Myuser, LLC Attention: Legal, 21060 West Homestead Road., Apt 208 Cupertino California 95014 (with a copy to [email protected]) and will be deemed given on the third (3rd) day after delivery.

Definitions

“AAA Rules” means the American Arbitration Association’s Commercial Arbitration Rules as in the General Terms.

“ACH Network” means the automated clearinghouse payment network that the member organizations of Nacha control and manage.

“Affiliate” means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with another entity.

“Authorized Purpose” means the purpose approved by MU these Terms for which MU and Developers may collect, use, disclose, and process Data or use the Services.