EARNUP TERMS OF USE
These Terms of Use (“Terms of Use”) are an agreement between you (“you” or “your”) and EarnUp Inc. (“EarnUp”) that allows you to use EarnUp’s applicable website(s), application(s) (“app(s)”), tools, software, subscriptions, memberships, content, application programming interface (“API” or “API(s)”), widgets, and/or other products and services (collectively, as applicable, the “Services”), as long as you follow these Terms of Use. By accessing or using any of EarnUp’s Services, including without limitation by downloading, installing or using any associated Software (defined below), you agree to abide by the following, which are all expressly incorporated into these Terms of Use: any terms and conditions incorporated by reference into these Terms of Use, EarnUp’s privacy policy as posted on EarnUp’s website (available at https://www.earnup.com/privacy-policy/ “Privacy Policy”), and any EarnUp published policies or guidelines (such as EarnUp’s Acceptable Use Policy).
1.1. As used herein, “Software” means any software (including without limitation APIs or apps) supplied by or on behalf of EarnUp, including without limitation any for which the purpose is to enable you to use certain portions of the Services. For clarity, the Software is a part of the Services.
1.2. Any reference to “earnup.com”, “my, earnup.com”, the “website(s)”, the “web site(s)”, the “site”, or other similar references, will include any and all pages, subdomains, affiliated domains, brands, products or other areas of EarnUp’s website, or any other affiliated sites or domains owned or operated by or on behalf of EarnUp, plus any of the online content, information and services as made available in or through the website.
1.3. The Services include without limitation all aspects of the website, or of any app or other product or service, including but not limited to all products, Software and other applications, features, channels and services offered therein.
1.4. Any reference to “content” will include all content in all forms or mediums, such as (without limitation) text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.
1.5. You must be at least eighteen (18) years of age, and, where law requires an older legal age, of legal age for contractual consent or older to use this website and/or the other Services. Due to the age restrictions, no content or information from the Services falls within the Child Online Privacy Protection Act (“COPA”) and is not monitored as doing so.
1.6. All information and services are exchanged electronically, via the internet. You will receive communications to the email address provided to EarnUp by you. You are responsible for maintaining your own access to the internet and for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services and receive communications correctly, including, without limitation, mobile devices, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You will also be responsible for maintaining the security of the Equipment. You are responsible for all costs imposed by internet or mobile service providers for sending or receiving communications electronically. You consent to receiving communications electronically (including to your email address) and understand that this consent has the same legal effect as a physical signature.
1.7. You may acquire additional products, services and/or content of EarnUp’s from EarnUp websites or Services. EarnUp reserves the right to require that you agree to separate agreements as a condition of your use and/or purchase of such additional products, services and/or content, which terms will apply in addition to these Terms of Use.
1.8. EarnUp is not providing any financial or legal advice or services via the Services, and the Services should not be relied upon as a substitute for consultations with qualified professionals who are familiar with your individual needs. Please consult your lawyer, financial advisor, tax advisor or accountant as necessary.
2.1. In order to access some features of the Services, you may have to register or create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. Registration or subscription to the Services and payment of any applicable fee, authorizes a single individual to use the Services unless otherwise expressly stated. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify EarnUp immediately of any breach of security or unauthorized use of your account. Although EarnUp will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of EarnUp or others due to such unauthorized use. It is a condition of your use of the Services that all the information you provide will be correct, current, and complete; If EarnUp believes the information you provide is not correct, current, or complete, EarnUp has the right to refuse you access to the Services or any of its resources, and to terminate or suspend your access at any time, without notice.
2.2. You and/or your legally authorized representative may elect to grant or remove access to your account to other individuals (“Delegate Users”), by contacting EarnUp or via your account settings. Such Delegate User(s) will be subject to EarnUp’s terms and policies and may be required to create an account. Any changes related to Delegate Users, including adding, removing, or modifications, may take up to three (3) to five (5) business days, and may require additional documentation or information. You warrant and represent that you have permission to contact Delegate User(s) and share any information about such Delegate User(s), including personally identifiable information. You also agree to indemnify EarnUp for any costs, damages, expenses, or claims incurred with respect to such Delegate Users.
You understand and agree that if anyone other than yourself accesses your Account and/or any of your account settings/authorizations or services, including but not limited to Delegate User(s), they may (unless as specifically stated otherwise in the Services) perform any actions available to you or receive notifications about your account. The foregoing includes but is not limited to making changes to your user platform(s) and user account, accepting any legal terms available therein, making various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name. You will be solely and fully responsible for all activities that occur under your user account (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
2.3. You must complete any verification procedures requested by EarnUp and/or its service providers in order to access and use the Services. You agree to provide EarnUp with any information EarnUp requests and permit EarnUp to verify and keep a record of such information for a minimum of five (5) years or as otherwise required by applicable laws. Information EarnUp may request may include your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). Your ability to access and use the Services, in whole or in part, may depend on the information you provide. You confirm that the information you provide is and will be accurate and authentic. You agree to keep your account updated if any of the information you provide changes. You authorize EarnUp and EarnUp’s representatives to make any inquiries EarnUp considers necessary to verify your identity or protect you, the Services, and/or EarnUp, and to take any action EarnUp deems necessary based on the results of such inquiries. When EarnUp carries out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference, fraud prevention, and financial crime agencies, and that these agencies may respond to EarnUp inquiries in full.
2.4. You will not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of EarnUp or the respective licensors of the content. EarnUp and its licensors reserve all rights not expressly granted in and to the Services and their content. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
3.1. You represent and warrant that all information that you provide to EarnUp will be true, accurate, complete, and current, and that you have the right to provide such information to EarnUp in connection with your use of the Services. You must comply with the terms of any applicable policies posted in EarnUp’s Services, including any Acceptable Use Policy.
3.2. EarnUp has no obligation to monitor the Services. However, you acknowledge and agree that EarnUp has the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Services properly, or to protect itself or its customers. EarnUp reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use. You also agree to cooperate in any inquiry by EarnUp into activities on your account, and to provide additional information and documentation in support of any observed account activity upon request.
3.3. With respect to any Software, including without limitation subscription software as a service, subject to the terms and conditions of these Terms of Use, EarnUp hereby grants to you a limited, nonexclusive, non-transferable license to access and use such Software during the term of these Terms of Use, solely by the number of authorized users, and only up to the approved and mutually agreed usage volumes, as set forth on the applicable ordering document or as otherwise mutually agreed, and solely for internal and non-commercial purposes, provided that you will also comply at all times with all official documentation, technical manuals, functional manuals, operator and user guides and manuals.
3.4. You will not, and will not attempt to (and will not authorize or allow any third-party to or attempt to): (a) download or otherwise obtain a copy of the Services (as applicable as such term is used herein, including any portion thereof) in any form; (b) reverse engineer, reverse compile, decompile, disassemble, or translate, exploit, or otherwise derive the source code of the Services or otherwise modify, the Service, or create any derivative works thereof; or (c) use the Services on behalf of any third-party or for any purpose other than as described in these Terms of Use; (d) sell, resell, lease, license, sublicense, distribute, reproduce, copy, duplicate, or otherwise transfer or exploit the Services or use it as a service bureau; (e) post, send, process or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material violating of third-party rights; (f) post, send, process or store material containing software viruses, worms, Trojan horses or other harmful or malicious computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the Services or attempt to gain unauthorized access to the Services or related systems or networks; (h) remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications of the intellectual property rights and/or EarnUp’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to the software or on any copies made in accordance with these Terms of Use; (i) remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications of the intellectual property rights and/or EarnUp’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to the Service, or documentation, or on any copies made in accordance with these Terms of Use; (j) use, or authorize or permit the use of, the Services except as expressly permitted herein; (k) use the Services to perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortuous, or defamatory, nor to perform any activity which breaches the rights of any third-party. The Services may be used only by you (i) for your internal business purposes and only for your direct benefit; (ii) only by the number of persons for whom a license fee has been paid, and all such use may only be by those persons using the Services for the benefit of you in the course and scope of their employment, subject to the terms hereof; (iii) only in its original form without alteration or combination with other products, services or software except as expressly authorized in any applicable documentation; and (iv) in compliance with all applicable laws and in compliance with all documentation and instructions provided by us. You agree not to copy, duplicate or imitate, in whole or in part, any concept, idea, business model, business process, product, service or other intellectual property or other ideas or content embodied in the Services or learned by you from your use of or access to the Services. You agree not to use the Services to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity.
3.5. You will keep and protect any EarnUp Confidential Information as confidential, using at least the same efforts you use to protect your own confidential information and in no event less than reasonable and industry standard efforts. EarnUp “Confidential Information” includes the Services, documentation and information about the Services and their operation, and any other information you obtain from or about EarnUp or from or about the Services, or any other information which a reasonable person would or should understand to be confidential or proprietary in nature. You agree to return or destroy EarnUp Confidential Information when these Terms of Use is over. You acknowledge and agree EarnUp will be entitled to seek equitable relief in any court of competent jurisdiction without the necessity of posting bond and in addition to such other remedies as may be available under law or in equity. Your confidentiality obligations will survive termination or expiration of these Terms of Use.
3.6. While this Section highlights some of your key obligations, headers and section titles are for convenience only, and you are bound by all the terms of these Terms of Use.
4.1. If and to the extent any portion of the Services may require a fee payment or incremental payment or subscription, you agree to pay EarnUp any applicable fees posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing EarnUp to charge the fees to the account you identify. You must keep all billing information, including payment method, up to date. You agree to pay EarnUp for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct EarnUp to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with EarnUp. Further, you authorize and direct EarnUp to retain information about the payment method(s) associated with your account. If EarnUp does not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by EarnUp. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by EarnUp. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.
4.2. After five (5) days from the date of any unpaid charges, your fee-based Services will be deemed delinquent, and EarnUp may terminate or suspend your account and Services for nonpayment. EarnUp reserves the right to assess an additional one-point (1.5) percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by EarnUp in EarnUp’s efforts to collect any remaining balances from you. Except as otherwise mutually agreed in writing, EarnUp reserves the right to change its fees with thirty (30) days’ notice.
4.3. You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.
5.1. If you are not completely satisfied with the Services, your sole remedy is to cease using the Services. With respect to any fee-based Services, if you signed up for a designated term or timeframe, you will still be responsible for payment for the full term. If you did not subscribe for any minimum period, then you may cancel at any time on thirty (30) days advance notice, and cease to use the Services, then you will not be charged any additional amounts after the effective date of such termination. In any case, you will be responsible for any and all charges and activity accrued prior to your Services termination date, and those obligations will survive your termination of the Services. EarnUp undertakes commercially reasonable efforts to ensure that the information it provides is current and accurate, however, EarnUp does not warrant the accuracy of information. EarnUp also undertakes commercially reasonable efforts to protect the confidentiality of any confidential information you provide, in accordance with the Privacy Policy, however, EarnUp does not guarantee the confidentiality of such information against unauthorized third-party access or system failure.
5.2. THE SERVICES, THE WEBSITE, APPS, AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THE FOREGOING, ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, EARNUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. EARNUP DOES NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, EARNUP DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICES AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES.
6.1. IN NO EVENT WILL EARNUP OR EARNUP’S AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF EARNUP IS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF EARNUP TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE OR THE SERVICES, EXCEED THE TOTAL FEES PAID TO EARNUP BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR FIFTEEN DOLLARS ($15.00) IF THE SERVICES ARE FREE). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND EARNUP RELATING TO THE PROVISION OF THE SERVICES TO YOU AND EARNUP WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION.
6.2. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EARNUP AND EARNUP’S AFFILIATED COMPANIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY EARNUP OR SUCH PARTIES AND/OR ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THESE TERMS OF USE (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN); (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; (5) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (6) YOUR CONTENT OR DATA, INCLUDING IF IT CAUSES ANY DAMAGE TO A THIRD-PARTY. YOUR DEFENSE, INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS IN THESE TERMS OF USE WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE SERVICES.
6.3. You acknowledge that the information on the website and other Services is provided ‘as is’ for general information only. If you use the Services to provide any services in any heavily regulated industry, such as, without limitation, medical, legal, tax or financial services or advice, you are fully responsible for all such services, and represent and warrant that you are appropriately qualified and certified to do so, possessing all necessary licenses and permits to do so. You indemnify EarnUp for any failure by you or your agents to do so and/or to follow any applicable laws, rules and regulations. You may use the Services for informational purposes only, as an aid, but only as one information source among many, and not as the sole basis for making any decisions; you must conduct proper due diligence and use your own judgment when making any decisions based on any information, analytics or reports derived from the Services.
6.4. EarnUp will not be liable for any circumstances arising out of causes beyond EarnUp’s reasonable control or without EarnUp’s fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, earthquakes, floods, Internet disruptions, pandemics, hacker attacks, critical third-party service failure, communications failures, or other force majeure.
6.5. If EarnUp breaches these Terms of Use, you agree that your exclusive remedy is to recover, from EarnUp or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your Services fee for one (1) month (or up to fifteen dollars ($15.00) if the Services are free). YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if EarnUp knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to these Terms of Use such as, without limitation, loss of content; any virus affecting your use of the Services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn’t allow the exclusion or limitation of incidental, consequential, or other damages.
10.1. EarnUp and/or EarnUp’s vendors and suppliers, as applicable, retain all right, title and interest in and to the Services, the website and all information, content, Software, and other software and materials provided by or on behalf of EarnUp, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and EarnUp brands and logos, and any data compilations, including without limitation any data input by or on behalf of EarnUp or EarnUp’s third-party providers, and any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services, including without limitation any aggregated and anonymized data extracted or derived from the Services, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data and other aggregated and anonymized data collected from user data and files. EarnUp owns the rights to any metadata EarnUp collects from or about your use of the Services. Without limiting the generality of the foregoing, EarnUp reserves the right to create and market public indexes, analysis or insights created from such data. You agree that you will not copy, reproduce, distribute, or create derivative works from any information, content, software, or materials provided by EarnUp, or remove any copyright or other proprietary rights notices contained in any such information, content, software, or materials without the copyright owner’s prior written consent.
10.2. Unless otherwise stated, all content in EarnUp’s websites or other Services, is EarnUp property or the property of third-parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
10.3. Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to EarnUp, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to EarnUp or any of EarnUp’s employees or representatives automatically become EarnUp property.
11.1. EarnUp does not endorse any content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and EarnUp expressly disclaims any and all liability in connection with content.
11.2. EarnUp is not responsible for user error or errors in inputs or for errors in any user supplied data. EarnUp does not independently verify the truthfulness or accuracy of any data or content input into the Services and is not responsible for the fraud, misrepresentation, negligence, or misconduct of any user or other third-party.
11.3. Certain content (including without limitation advertisements) on the Services may be supplied by third-parties. EarnUp does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third-parties, including without limitation, suppliers and vendors, advertisers, or any customer or user of the Services, are those of the respective authors or distributors and not of EarnUp or EarnUp’s affiliates or any of its officers, directors, employees, or agents. In many instances, the content available on the Services represents the opinions and judgments of the respective third-parties, whether or not under contract with EarnUp. EarnUp neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Services. Under no circumstances will EarnUp, or EarnUp’s affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any content or other information obtained through the Services.
11.4. The Services may integrate and/or interact with third-party services, such as via APIs or browser extensions. For example, the Services may leverage APIs from third-parties, and/or rely on third-party browser extensions, and EarnUp has no affiliation, association, endorsement, or sponsorship by any other third-party services with which it integrates or interacts from time to time (collectively, “Third-Party Services”). EarnUp makes no claim, representation or warranty of any kind, type or nature concerning any Third-Party Services, nor EarnUp’s or any user’s compliance with any third-party terms of service for any such Third-Party Services (collectively, “Third-Party Terms”). It will be each user’s sole responsibility to analyze and interpret any applicable Third-Party Terms and comply therewith. Each user is solely responsible for their interpretation of Third-Party Terms and their actions relevant to compliance thereof. By using the Services, you hereby release EarnUp and waive any and all claims or claim rights that you may have against EarnUp, and release and indemnify EarnUp against any claims that any third-party may have against you, including with respect to your use of any Third-Party Services, including if accessed or used via EarnUp’s Services, and with respect to Third-Party Terms, applicable privacy policies or any other rules or regulations of such third-parties.
11.5. You understand that when using the Services, you will be exposed to content from a variety of sources, and that EarnUp are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EarnUp with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless EarnUp, EarnUp’s owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
11.6. As a convenience to you, EarnUp may provide, in or through the Services, one or more links to third-party web sites or services and/or provide email contacts respecting third-parties. EarnUp makes no endorsement of such third-parties, nor any representation or warranty regarding anything that takes place between you and any such third-parties, including, without limitation, visits to third-party websites, services, email correspondence with third-parties, and business or other transactions with third-parties found through the Services. Please understand that such third-parties are independent from and not controlled by EarnUp, even if, for example, an EarnUp link or logo appears on a website linked from this EarnUp website or EarnUp’s other Services. It is up to you to read those third-party sites’ applicable terms of use, privacy, and other applicable policies. For example, without limitation, EarnUp may outsource operation of certain aspects of EarnUp’s Services to one or more third-parties, and they may have access to certain data by virtue of operating such Services, subject to their own policies.
11.7. EarnUp does not permit copyright infringing activities and infringement of intellectual property rights on the Services, and EarnUp will remove all content if properly notified that such content infringes on another’s intellectual property rights as set forth herein below. EarnUp reserves the right to remove content without prior notice. EarnUp reserves the right to decide whether your content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. EarnUp may at any time, without prior notice and in EarnUp’s sole discretion, remove such content and/or terminate a user’s account or otherwise block access for submitting such material in violation of these Terms of Use.
12.1. If you are a copyright owner or an agent thereof and believe that any content in EarnUp’s Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing EarnUp’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
12.2. EarnUp’s designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at legal@earnup.com. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH EARNUP.
13.1. Except if you opt-out as expressly permitted below, or except to the extent contrary to applicable law (“Excluded Disputes”), you hereby agree that all disputes between you and EarnUp (whether or not such dispute involves a third-party) with regard to your relationship with EarnUp, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, may, in EarnUp’s discretion, be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. You agree that you will not participate in any class action or class-wide arbitration for any claims covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account if EarnUp is a party to the proceeding. This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either EarnUp or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You may opt out of this agreement to arbitrate. If you do so, neither you nor EarnUp can require the other to participate in an arbitration proceeding. To opt out, you must notify EarnUp in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out: EarnUp Inc., 2370 Market Street, Suite 203, San Francisco, California 94114.
13.2. You must include your name and residence address, the email address you use for your account with EarnUp, and a clear statement that you want to opt out of this arbitration agreement. If and to the extent the prohibition against class actions and other claims brought on behalf of third-parties contained above is found to be unenforceable, then such preceding language in this Arbitration Section will be null and void. This arbitration agreement will survive the termination of your relationship with EarnUp.
PAYMENT SCHEDULING SERVICE TERMS
These Payment Scheduling Service Terms (“Payment Terms”) form a part of, and are incorporated into, the EarnUp Terms of Use, and apply to You, if you use EarnUp’s Payment Scheduling Service. Payment Scheduling Service means any services that allow users to schedule and complete payment transactions to its established payees, including but not limited to bill payments and/or loan payments. By accessing or using EarnUp’s Payment Scheduling Service, you agree to these Payment Terms and to the Terms of Use. Any capitalized terms that are used but not defined in these Payment Terms have the meaning set forth in the Terms of Use.
a.This Section 8 governs services provided by nbkc bank in conjunction with the Services provided by EarnUp under the Terms of Use. As used in this Section, the term “Bank” refers to nbkc bank and its successors, affiliates, or assignees. By accessing and using the Services and by having funds in a custodial account at the Bank (the “Custodial Account”), you agree to be bound by these additional terms. For avoidance of doubt, you are contracting with EarnUp, not the Bank. Because the Bank has its own contractual rules and is subject to various federal and state banking laws, regulations, and oversight, you must agree to any of the Bank’s terms and conditions related to the Custodial Account in order to take advantage of the Services. These terms supplement the terms of the Terms of Use. As such, the Bank’s rights and your obligations under these Terms of Use are in addition to, and not in lieu of, any rights EarnUp has or obligations you owe to EarnUp under the Terms of Use. Additionally, the Bank may amend, supplement, modify or otherwise its terms and conditions at its sole discretion.
b. The parties agree as follows:
i. Services: Under these Terms of Use, a Custodial Account will be established into which all monies received relating to your participation in EarnUp’s Services will be deposited. You understand and agree that the Custodial Account is a commingled account maintained on behalf of all participants in the EarnUp program. EarnUp has partnered with the Bank to provide all banking, payments, and money transfer services. You understand that your Bank will serve as custodian of your funds and hold and manage funds which are delivered to the Bank per instructions provided by you through the EarnUp platform and website. The Bank is the only entity authorized to initiate or execute payments or transfers on your behalf. At no time will EarnUp receive, control, or hold your funds.
ii. Disbursement: Funds will be debited in the Custodial Account to make payments and generate electronic fund transfers on your behalf in accordance with instructions you make through the EarnUp platform and website in accordance with the Bank’s polices, and applicable banking laws and regulations.
iii. If you terminate your relationship with EarnUp, the Bank will cease to accept new funds into the Custodial Account from you or on your behalf, but the Bank will continue to perform its services with respect to any transactions initiated and funds received prior to the date of such termination. If the Terms of Use between the Bank and EarnUp expire or terminate, you authorize any remaining funds of yours in the Custodial Account to be forwarded to a successor financial institution, as designated by EarnUp.
iv. Confidentiality and Sharing Your Information. You understand and agree that information may be disclosed to the EarnUp and other third-parties about your funds on deposit in the Custodial Account and the transactions you make: (a) where it is necessary for completing transactions or providing the services; (b) in order to verify the existence and condition such funds for a third-party; (c) in order to comply with government agency, government regulation, court order, or other legal or administrative reporting requirements; (d) if you consent by giving EarnUp your written permission; (e) otherwise as necessary to fulfill EarnUp’s obligations under these Terms of Use; or (f) as detailed in EarnUp’s Privacy Policy. By using EarnUp Services, you also agree to the Bank’s privacy policy available at https://www.nbkc.com/security/privacy-policy.
9. CFSB CUSTODY ACCOUNT TERMS.
a. This Section 9 governs services provided by CFSB bank in conjunction with the Services provided by EarnUp under these Terms of Use. As used in this Section, the term “Bank” refers to CFSB bank and its successors, affiliates, or assignees. By accessing and using the Services and by having funds in a custodial account at the Bank (the “Custodial Account”), you agree to be bound by these additional terms. For avoidance of doubt, you are contracting with the EarnUp, not the Bank. Because the Bank has its own contractual rules and is subject to various federal and state banking laws, regulations, and oversight, you must agree to any of the Bank’s terms and conditions related to the Custodial Account in order to take advantage of the Services. These terms supplement the terms of these Terms of Use. As such, the Bank’s rights and your obligations under these Terms of Use are in addition to, and not in lieu of, any rights EarnUp has or obligations you owe to EarnUp under these Terms of Use. Additionally, the Bank may amend, supplement, modify or otherwise its terms and conditions at its sole discretion.
b. The parties agree as follows:
i. Services: Under these Terms of Use, a Custodial Account will be established into which all monies received relating to your participation in EarnUp’s Services will be deposited. You understand and agree that the Custodial Account is a commingled account maintained on behalf of all participants in the EarnUp program. EarnUp has partnered with the Bank to provide all banking, payments, and money transfer services. You understand that the Bank will serve as custodian of your funds and hold and manage funds which are delivered to the Bank per instructions provided by you through the EarnUp platform and website. The Bank is the only entity authorized to initiate or execute payments or transfers on your behalf. At no time will EarnUp receive, control, or hold your funds.
ii. Disbursement: Funds will be debited in the Custodial Account to make payments and generate electronic fund transfers on your behalf in accordance with instructions you make through the EarnUp platform and website in accordance with the Bank’s polices, and applicable banking laws and regulations.
iii. If you terminate your relationship with EarnUp, the Bank will cease to accept new funds into the Custodial Account from you or on your behalf, but the Bank will continue to perform its services with respect to any transactions initiated and funds received prior to the date of such termination. If the Terms of Use between the Bank and EarnUp expire or terminate, you authorize any remaining funds of yours in the Custodial Account to be forwarded to a successor financial institution, as designated by EarnUp.
iv. Confidentiality and Sharing Your Information. You understand and agree that information may be disclosed to EarnUp and other third-parties about your funds on deposit in the Custodial Account and the transactions you make: (i) where it is necessary for completing transactions or providing the Services; (ii) in order to verify the existence and condition such funds for a third-party; (iii) in order to comply with government agency, government regulation, court order, or other legal or administrative reporting requirements; (iv) if you consent by giving EarnUp your written permission; (v) otherwise as necessary to fulfill EarnUp’s obligations under these Terms of Use; or (vi) as detailed in EarnUp’s Privacy Policy. By using EarnUp’s Services, you also agree to the Bank’s privacy policy available at http://www.cfsb.com/privacy/.
This Section 10 of these Terms of Use governs services provided by Synapse Financial Technologies, Inc., its affiliate Synapse Brokerage LLC (collectively, “Synapse”), as well as certain third-party financial service providers utilized by Synapse in conjunction with the Services provided by EarnUp under the Terms of Use. By accessing and using the Services and by having funds in a brokerage account or the Synapse cash management program, you agree to be bound by these additional terms. Synapse is not a bank and is not affiliated with EarnUp. Brokerage accounts and cash management programs are provided through Synapse Brokerage LLC (“Synapse Brokerage”), an SEC-registered broker-dealer and member of FINRA and SIPC. Additional information about Synapse Brokerage can be found on FINRA’s BrokerCheck.
By participating in a Synapse cash management program, you acknowledge receipt of and accept the Synapse Terms of Service and Privacy Policy, and the applicable disclosures and agreements available in Synapse’s Disclosure Library. The Partner Financial Institution(s) participating in a Synapse cash management program can be found in the List of Program Banks.
The parties agree as follows:
i. Services: Under these additional terms, a brokerage account with Synapse Brokerage may be established for you into which all monies received relating to your participation in EarnUp’s Service will be deposited. You understand and agree that you will also be enrolled in the Synapse cash management program. You understand your brokerage account will be provided to you by Synapse Brokerage through the EarnUp platform and website. At no time will EarnUp receive, control, or hold your funds.
ii. Disbursement: Funds will be debited in the brokerage account to make payments and generate electronic fund transfers on your behalf in accordance with instructions you make through the EarnUp platform and website in accordance with the Synapse Terms (defined below) which are available in Synapse’s Disclosure Library.
iii. By creating an account with EarnUp and initiating financial transactions, you agree to the Synapse Terms of Service and Privacy Policy. You also agree to the terms of service and privacy policy of Synapse’s Partner Financial Institution corresponding to the financial service and product(s) you select (collectively, “Synapse Terms”), each of which can be found here and which are incorporated herein by reference. By creating an account with us, you acknowledge that Synapse may share your information as necessary with their affiliates, Partner Financial Institutions and other service providers in connection with providing their respective services. It is your responsibility to make sure that the information you provide to EarnUp is accurate and complete. Additionally, you are responsible for complying with Synapse Terms when using your account. It is your responsibility to read and understand Synapse Terms as it contains terms and conditions relating to your account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitration provisions. All financial transactions are performed by Synapse’s Partner Financial Institutions, a list of which can be found at synapsefi.com/legal. EarnUp will provide you with all access to all transaction notifications and account balances in addition to providing customer support relating to your account. You should refer to your account agreement for more important information.
ENTERPRISE SERVICE TERMS
These Enterprise Service Terms (“Enterprise Terms”) form a part of, and are incorporated into, the EarnUp Terms of Use, and apply to you, if you use EarnUp’s Enterprise Services. EarnUp Enterprise Services means services offered to business enterprises who offer and/or sponsor payment of some portions of the Services to such business enterprise’s customers or end users (which may only be done if and to the extent expressly permitted by EarnUp). If you are a business enterprise user, then these Enterprise Terms together with EarnUp’s Terms of Use will apply in addition to any other agreements between you and EarnUp. Any capitalized terms that are used but not defined in these Enterprise Terms have the meaning set forth in the EarnUp Terms of Use.
You are expressly prohibited from using the Services or any information or content relating to or contain in the Services: (i) as a factor in establishing an individual’s eligibility for credit; (ii) as the basis, in whole or in part, for the modification of an individual’s existing loan terms or conditions; or (iii) in any other manner that would cause the Services or any content or portion of the Services to constitute or reasonably be construed by a governmental authority to constitute, a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
You hereby agree to indemnify, defend, and hold EarnUp harmless from any allegation, loss, liability, claim made against EarnUp by any end users or otherwise arising out of any breach of this Section 1.
API TERMS
These API Terms (“API Terms”) form a part of, and are incorporated into, the EarnUp Terms of Use, and apply to you, if you access, use, or connect with any EarnUp API. EarnUp API(s) or API(s) means API, any and all software/code in and related to such API, documentation, developer materials, and/or any other software or technology, including but not limited to these API Terms. Any capitalized terms that are used but not defined in these API Terms have the meaning set forth in the EarnUp Terms of Use.
Some of the software required by or included in EarnUp APIs may be offered under an open-source license. Open-source software licenses constitute separate written agreements. For certain APIs, open-source software is listed in the documentation. To the limited extent the open-source software license expressly supersedes the Terms of Use, the open-source license instead sets forth your agreement with EarnUp for the applicable open-source software.
b. Your Obligations Post-Termination. Upon any termination of these API Terms or discontinuation of your access to an API, you will immediately stop using the API and delete any cached or stored content that was permitted by the cache header. EarnUp may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
c. Surviving Provisions. When these API Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply.
Previous Terms of Use:
Terms of Use (March 9, 2023)
Terms of Use (2022)
Terms of Use (2020)
Terms of Use (2019)
EarnUp Inc.
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San Francisco, CA 94114-1521 USA
800-209-9700
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