Honeyfi’s Terms of Use

Last Updated: November 25, 2016

Please read these Terms of Use (the “Agreement)” and our Privacy Policy carefully because they govern your access to and use of our website located at http://www.honeyfi.com/ (the “Site”) and mobile device application (the “App”). To make this Agreement easier to read, the Site, our services, and the App are collectively called “Honeyfi Services,” the “Services,” the “Honeyfi Service,” or the “Service.”

By using our Services or clicking “Continue” or “Agree and Continue” (or a similar button or link) when provided with a link or other access to this Agreement, you agree to be bound by the terms and conditions of this Agreement and Honeyfi’s Privacy Policy, as they may be amended from time to time in the future (see “Modifications” below). If you don’t agree to be bound by this Agreement, you may not use our Services, and you should not use our Services or click “Agree and Continue.” Please retain a copy of this Agreement.

  • Accepting the Terms
  • Privacy and Your Personal Information
  • Description of the Services
  • Account Information from Third-Party Sites
  • Sharing Information with Others Using Our Service
  • Offers from Marketing Partners
  • Your Registration Information
  • Your Use of the Service
  • Use with Your Mobile Device
  • Online and Mobile Alerts
  • Rights You Grant to Us
  • Honeyfi’s Intellectual Property Rights
  • Access and Interference
  • Rules for Posting
  • Social Media Sites
  • Disclaimer of Representations and Warranties
  • Not a Financial Planner, Broker or Tax Advisor
  • Limitations on Honeyfi’s Liability
  • Your Indemnification of Honeyfi
  • Ending your relationship with Honeyfi
  • Modifications
  • Governing Law and Forum for Disputes
  • Miscellaneous
  • Contact Information

 

  1. Accepting the Terms

By using the information, tools, features, software, and functionality including content, updates, and new releases provided by Honeyfi of the Honeyfi Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Honeyfi website or download and install the App without creating an account), or a “Customer” (which means that you have registered for an account with us to use any one of our Services). The term “you” or “User” refers to a Visitor or Customer. The term “we” or “our” refers to Honeyfi. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.

You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms. You may use the Services only if you: (i) are 18 years or older and capable of forming a binding contract with Honeyfi; (ii) are a United States citizen (or a legal U.S. resident); and (iii) are not barred from using the Services under applicable law.

Before you continue, you should print or save a local copy of this Agreement for your records.

 

  1. Privacy and your Personal Information

You can view the Honeyfi Privacy Policy here. You agree to the Honeyfi Privacy Policy, and any changes published by Honeyfi. You agree that Honeyfi may use and maintain your data according to the Honeyfi Privacy Policy, as part of the Services. You give Honeyfi permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Honeyfi services. For example, this means that Honeyfi may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Honeyfi may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

 

  1. Description of the Services

The Honeyfi Service is a personal finance information management service that allows you to consolidate and track your financial information. The Service also lets you collaborate with others, including your partner, by sharing access to your financial information and communicating about your personal finances.

The Services may also present you with information relating to third-party products or services that you may be interested in. The Services may also provide you general tips, recommendations, and educational material.

 

  1. Account Information from Third-Party Sites

Users may direct Honeyfi to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts, or engage in financial transactions (“Account Information”). Honeyfi works with one or more online service providers to access this Account Information. Honeyfi does not review the Account Information for accuracy, legality, or non-infringement. Honeyfi is not responsible for the Account Information or products and services offered by or on third-party sites.

Honeyfi cannot always foresee or anticipate technical or other difficulties which may result in the failure to obtain data, the loss of data or personalization settings, and other service interruptions. Honeyfi cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.

 

  1. Sharing Information with Others Using Our Services

You may use our Services to connect and share information with others, including your partner and financial advisor(s). When you share and communicate with others using our Services, you choose the audience who can see what you share. For example, when you add new bank accounts or credit cards to your Honeyfi account, you decide whether your partner can see your Account Information, including account balances and transaction history. You are solely responsible for deciding with whom to share and communicate using our Services.

Other people may also use our Services to share and communicate with you. For example, your partner may add a new bank account and decide to share access to his or her account balances and transaction history. You are solely responsible for deciding whether to allow others to share and communicate with you using our Services.

You can change your account sharing preferences in your Settings in your account. If you have questions or concerns about sharing information with our Services, please contact us at support@honeyfi.com.

 

  1. Offers from Marketing Partners

We may use your Account Information and other information about you, including your sex, age, and location, to generate offers for products and services from our marketing partners that may be of interest to you. It is always your choice whether to apply for an offered product or service, and we will never submit an application for a product or service on your behalf without your express consent. We may receive compensation from our marketing partners for promoting their products and services through our Services. That compensation means that we can continue providing the Services to our users and continue developing the Services to make them work even better for you.

The technology we use to provide you with offers for products and services is proprietary and, in finding those offers for you, we may elect to consider, ignore, emphasize, or de-emphasize relevant factors in our sole discretion. We do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer.

Honeyfi does not endorse, warrant, or guarantee any third-party products or services available through the Services. While Honeyfi works hard to verify the rates, terms, and rewards offered by any particular advertiser or third party, Honeyfi does not guarantee that the rates, product terms, rewards, or other service terms offered by any particular advertiser or other third party on the Services are actually the terms that may be offered to you if you pursue the offer, or that they are the best terms or lowest rates available in the market. Any offer is subject to the third parties’ review of your financial information. If you elect to use or purchase products or services from third parties, you are subject to their terms and conditions and privacy policy.

 

  1. Your Registration Information and Electronic Communications

In order to allow you to use the Services, you will need to sign up for an account with Honeyfi. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your legal name, full address, your date of birth, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third-party databases or through other sources. If you do not provide this information or Honeyfi cannot verify your identity, we can refuse to allow you to use the Services.

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address or username, allows you to access the Honeyfi Services. That email address or username and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your email address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site, sent as a notification on your mobile device, and/or delivered to your email address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.

You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.

If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Honeyfi immediately at support@honeyfi.com.

If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen or that someone is using your account without your permission, you must notify us immediately in order to minimize your possible losses.

The following is Honeyfi’s contact information:

Telephone: (704) 584-9139

Email: support@honeyfi.com

 

  1. Your Use of the Services

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes. Accurate records enable Honeyfi to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other websites, as requested in our “add account” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that Honeyfi, in its sole discretion, may elect to take. In no event will Honeyfi be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Honeyfi to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

From time to time, Honeyfi may include new and/or updated pre-release features (“Beta Features”) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Beta Features is voluntary and Honeyfi is not obligated to provide you with any Beta Features. Furthermore, if you decide to use the Beta Features, you agree to abide by any rules or restrictions Honeyfi may place on them. You understand that once you use the Beta Features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within Beta Feature back to the earlier version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

 

  1. Use with Your Mobile Device

Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. HONEYFI MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

 

  1. Online and Mobile Alerts

Honeyfi may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.

Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated, or reactivated by you. These alerts allow you to choose alert messages for your accounts. Honeyfi may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Honeyfi may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Honeyfi shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Electronic alerts will be sent to the email address you have provided as your primary email address for the Services and/or sent as a notification on your mobile device. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your email address or username and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

 

  1. Rights You Grant to Us

By submitting information, data, passwords, usernames, PINs, other log-in information, materials, and other content to Honeyfi through the Services, you are licensing that content to Honeyfi for the purpose of providing the Services. Honeyfi and our third-party service providers may use and store the content in accordance with this Agreement and our Privacy Policy. You represent that you are entitled to submit it to Honeyfi for use for this purpose, without any obligation by Honeyfi to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Honeyfi and our third-party service providers to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us.

 

When you use the “Add Accounts” feature of the Services, you will be directly connected to the website for the third party you have identified. Honeyfi will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Honeyfi to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third-party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant Honeyfi a limited power of attorney, and appoint Honeyfi as your attorney-in-fact and agent, to access third-party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN HONEYFI IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, HONEYFI IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Honeyfi is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information. We make no effort to review information obtained from the financial institution holding your Bank Account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between Honeyfi and our third-party service providers, Honeyfi owns your Account Information.

 

  1. Honeyfi’s Intellectual Property Rights

The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and other applicable copyright, trademark, and other laws. The contents of the Services belong or are licensed Honeyfi or its software or content suppliers. Honeyfi grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

 

  1. Access and Interference

You agree that you will not:

  • Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Services or any portion of the Services, without Honeyfi’s express written consent, which may be withheld in Honeyfi’s sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Safari);
  • Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
  • Attempt to gain an unauthorized access to any portion of the Services.

 

  1. Rules for Posting

As part of the Services, Honeyfi may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Services. These forums may be hosted by Honeyfi or by one of our third-party service providers on Honeyfi’s behalf. You agree in posting content to follow certain rules.

  • You are responsible for all content you submit, upload, post, or store through the Services.
  • You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant Honeyfi a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information, and disclosures. Honeyfi is not responsible for the Content or data you submit through the Services. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Services and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Services, and to use, reproduce, distribute, prepare derivative works of, display, and perform such content as permitted through the functionality of the Services and under this Agreement.
  • You agree not to use, nor permit any third party to use, the Services to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b) post or transmit any message, data, image, or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c) post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Services, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
  • Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  • You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Services that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
  • You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
  • You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.

The Services may include a community forum or other social features to exchange information with other users of the Services and the public. Honeyfi does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Honeyfi is not responsible.

 

  1. Social media sites

Honeyfi may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

 

  1. Disclaimer of Representations and Warranties

THE SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. HONEYFI, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

NEITHER HONEYFI NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER HONEYFI NOR ITS SUPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 OF THIS PROVISION MAY NOT APPLY TO YOU.

 

  1. Not a Financial Planner, Broker or Tax Advisor

NEITHER HONEYFI NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. HONEYFI IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

 

  1. Limitations on Honeyfi’s Liability

IN NO EVENT WILL HONEYFI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HONEYFI AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. Your Indemnification of Honeyfi

You shall defend, indemnify, and hold harmless Honeyfi and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Services.

 

  1. Ending your relationship with Honeyfi

This Agreement will continue to apply until terminated by either you or Honeyfi (or any Honeyfi affiliate/subsidiary) as set out below. If you want to terminate this legal agreement for the Services, you may do so by sending a request to support@honeyfi.com.

To remove Honeyfi from your mobile devices, delete the Honeyfi App. However, deleting the app will not delete your Honeyfi account; it will only delete the data from the device. Therefore, in order to close your account for the Honeyfi Service, you must contact us at support@honeyfi.com.

Honeyfi may at any time, terminate its legal agreement with you and your access to the Services:

a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b) if Honeyfi in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c) for any reason and at any time with or without notice to you; or d) immediately upon notice, to the email address provided by you as part of your Registration Information.

You acknowledge and agree that Honeyfi may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Honeyfi shall not be liable to you or any third party for any termination of your access to the Services.

 

  1. Modifications

Honeyfi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. Honeyfi reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user of Honeyfi, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Honeyfi shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.

Honeyfi may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Services). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.

 

  1. Governing Law and Forum for Disputes

Delaware state law governs this Agreement without regard to its conflicts of laws provisions.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Delaware law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND HONEYFI ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Honeyfi, Inc., in care of our registered agent Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, we will pay them for you. We will not seek attorney’s fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination or rescission of this Agreement.

 

  1. Contact Information

If you have questions about this Agreement, please contact us at support@honeyfi.com.