Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of our platform, services, and any related applications ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.

2. Use of Services

You must be at least 18 years old to use our Services. You agree to use our Services only for lawful purposes and in compliance with all applicable laws and regulations. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

3. Payment for Services

You are responsible for monthly payment for Services in accordance with the terms of the User Agreement you execute with us. Any delay in payment beyond a 30-day grace period, may result in revocation of your access to our platform and Services in accordance with the policies and procedures we have in place for handling delinquent accounts. For your account to be reactivated following a delay in payment of more than 30 days, you will be responsible for paying (a) the full past due amount; plus (b) the full fee for the then-current month.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE PAYMENT FOR SERVICES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY VISITING YOUR ACCOUNT AND CLICKING SETTINGS > CANCEL SUBSCRIPTION.

4. Data Collection and Privacy

By using Poet Money, LLC, you consent to our collection, processing, and storage of your data in accordance with our Privacy Policy. We do not sell consumer data retrieved from the Plaid API. We only collect the necessary financial data required to provide our Services and improve user experience. You have the right to withdraw consent and request data deletion at any time (see Section 7).

Notice for California Users.

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

5. Termination

We may terminate your account under certain conditions, which may include:

(a) Fraud: If you engage in fraudulent or illegal activities while using our services, your account may be terminated immediately.

(b) Violation of Terms: If you violate any of the terms contained in these Terms & Conditions, our Privacy Policy or other terms and conditions as may be communicated to you from time to time, your account may be terminated. This includes misuse of our platform, software or services, or failure to comply with payment obligations.

(c) Security Concerns: If we detect any security threats or unauthorized access related to your account, we may terminate your account.

(d) Compliance Matters: If your use of our service conflicts with any applicable laws or regulations, we may terminate your account.

6. Integration with Plaid API

Our platform integrates with Plaid to securely access financial information. Plaid’s services are governed by their own Terms of Service and Privacy Policy. You acknowledge that by linking your financial accounts, you authorize Plaid and Poet Money, LLC to retrieve and process your financial data securely.

7. Security and Data Protection

We use industry-standard encryption (AES-256) and secure communication protocols (TLS 1.2+) to protect your data. We implement role-based access controls (RBAC) and multi-factor authentication (MFA) to prevent unauthorized access. We monitor security incidents and will notify you in compliance with applicable laws in the event of a breach. ‍We accept credit card payments from customers and therefore comply with Payment Card Industry Data Security Standards (PCI DSS), designed to ensure processing, storage and transmission of credit card information in a secure environment.

8. Third-Party Services and Links

Poet Money, LLC may include links to third-party websites or services. We are not responsible for the content, policies, or practices of any third-party services. Your interactions with third-party services are at your own risk.

9. Data Deletion and Retention

You may request the deletion of your account and personal data by contacting our support team at hello@poet-money.com. Upon receiving a verified request, we will delete your data from our systems within 30 days, except where retention is required for legal or compliance purposes. Aggregated and anonymized data may be retained for business and analytical purposes.

10. Intellectual Property.

Poet Money LLC, together with its affiliates, are the sole owners of the platform, which includes all content, trademarks, copyrights, software code, and any other proprietary technology used on the platform.

11. Disclaimer of Warranties

Our Services are provided on an "as-is" and "as-available" basis without warranties of any kind. We do not guarantee the accuracy, reliability, or completeness of financial data retrieved from third-party services. You acknowledge that financial decisions made based on our Services are at your own risk.

12. Limitation of Liability

In no event shall Poet Money, LLC, its affiliates, or employees be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our Services. Our total liability to you for any claims arising out of or related to these Terms shall not exceed the amount you have paid, if any, for accessing our Services.

13. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting the revised Terms on our website. Continued use of our Services after changes constitute acceptance of the new Terms. You will be informed of any changes to these Terms by way of email sent to the address you have on file with us.

14. Governing Law

These Terms shall be governed by and interpreted under the laws of the State of Delaware, without regard to its conflict of law principles.

15. Dispute Resolution

a. Agreement to Arbitrate. You agree that any disputes, claims, or controversies arising out of or relating to these Terms and Conditions, or your use of our services shall be resolved exclusively through binding arbitration, rather than in court.

b. Governing Rules. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration organization. The arbitration will be conducted by a single arbitrator who is experienced in the field of accounting and bookkeeping.

c. Location. The arbitration will take place in New York, New York, unless otherwise agreed in writing by both parties.

d. Notice of Dispute. Before initiating arbitration, you must provide us with a written notice of your dispute, including a description of the issue and the relief sought. We will have thirty (30) days from the receipt of such notice to resolve the dispute informally. If we cannot resolve the dispute during this time, you may proceed with arbitration.

e. Confidentiality. The arbitration proceedings, as well as any related documents, shall be kept confidential by both parties. The arbitrator shall also be bound by this confidentiality provision.

f. Costs. Each party shall bear its own costs and expenses in connection with the arbitration. However, the arbitrator may award reasonable attorney's fees and costs to the prevailing party, as determined by the arbitrator.

g. Class Action Waiver. You agree that any arbitration shall be conducted on an individual basis and not as a class, collective, or representative action. You waive any right to a jury trial, class action, or any other form of representative proceeding.

h. Severability. If any provision of this arbitration agreement is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

i. Amendments. We reserve the right to amend this arbitration section at any time. Any such changes will be effective upon posting the revised terms on our website, and notice of the change will be emailed to you at the email address you have on file with us. Your continued use of our services following any such changes constitutes your acceptance of the new arbitration agreement.

16. Contact Information

If you have any questions about these Terms, please contact us at hello@poet-money.com.